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HomeMy WebLinkAbout2009-05-04 (Regular) Meeting Agenda Packet• • • 1. Cati to Order. 1. Invocation. Agend a for t he Regul a r Meetin g of the En glewood City Co un ci l Mor.day, May 4, 2009 7:30 pm Engle1\0od Civic Center -Council Chambers 1000 [ngJe1, ood Park\\ a1 Engle\\ood, CO 80110 3. Pledge of Allegiance. 4. Roll Call . 5. Consideration of ' linutes of Pre-1ious Session. a. Minutes rrom the Citv Council Meeting of April 20. 2009 b. Recognmon 01 Scheduled Public Comment !Please linut your presentation to ten minutes.I a. Matthew Crabtree will be present , address Oty Council regarding the National Night Out program and National Night Out plaques. Rec1,gn•tlon of Unscheduled Public Comment (Please limit your presentation to fi1e mmutes. Time tor unscheduled pubhc comment ma\ be limited to 45 minutP' and n lim11ed, shall be continued to General Discussion.) 8. Commumcauons . Proclamauons. and Appointments. a. Proclamation declaring Eugene Otis as the 1009 Englewood , ,, of the Ye.1r. b. Proclamation declaring ihe week of May 17 tluough 23, 2009 as Na ti onal Public WOt'ksWeek . PleasP nol<' II )'OU haV(• .-da\.1b.MI\ and nttd a~l~ilr) o11(k Of Wf'fCe , pif,1se noon !he Cit\ ~ lngff'Wocx' 1)03-.. 62-24051 .i,t lea\146 hour, In adt..,11l(fl or \\-11m srr\1,t's ,irr nredNI Engle" ood Cm Counc,I Agend, Ma, 4 2009 Ptl,3t 1 9. Consent Agenda hems. a. Appro, al of Ordinances on First Reading . i. Councff BIii No. 16 -Recommendation from the Utiliues Departmer,1 to adopt a bill for an ordinance approving license Agrttment for Xcel Energy (Public Service Company) to crnss the Cit)• Ditch for necessary repairs. STAFF SOUR CE: Stewart H. Fo nda, Diredor of Utiliti es. Council BIii No. 17 -Recommendation from the Englewood Fire Department to adopt a bill for an ordinance approving an Intergovernmental Agreement between the City of Englewood and the City of Sheridan for Automatic/Mu tual Aid. STAFF SOURCE: Michael Pa.ttarozzi, Fire Chief. b. Approval of Ordinances on Second Read ing. L Council BOI No. 12, amending the Englewood Municipal Code regarding pawn shop and auto pawn transacllon lees. II. Council Bill No. 13, approv ing a Memorandum of Agreement to C?n tinue Englewood·s panicipati on in the Colorado Brownfields deanup Revolving loan Fund through June 30, WI 2. Iii. Council BIii No. 14, au tho rizing the applicati on for and acceptance of a Justice Assist,,·,ce Gran! in the amou nt of $144,662. c. Resolutions and Motions. I. Recommenda1ion from 1he library Departmenl to approve a resolution authorizin g the Libra') 's •sum mer Food for Fines• program from Tuesda1•, May 26 1hrough Sund•y. June 7, 2009. STA FF SOU RCE: Hank l ong, Director oi library Servi ces. 10. Publlr Hearing Items. (No l·u~,l ic Hearing scheduled.) 11 Ordinances, Resolutions an 1 •, lo tions a. Approval of Ordinances on First Reading. Council 8111 No. 11 -Recommendation from the Utility Depa rt men t lo adop1 a bill for an ordinance authonzlng a. Big Dry Creek Interceptor maintenance fee increase. STAFF SOURCE: Stewart H. Fond~ Oiredor of Utllitie1. Pie ... note, If )'OU h•.e • .i,,.t,it,~ ;ind nttd illl,iliJI) .,d, o, """"' pleilSO nob(y lh• 01\1 ol Engle-,,0<'.'d 1303·162·2 ◄051 •• le,,-1 48 hour, In •dv•nc• ol ·"h"" servicPS •ro nttdod • • • • • • Eng"'-ood C,~ Couocil AgN,.. M.i, ,_ 2009 P,ge ) Council Bill No. 15 -Recommendation tram the Cny Clerk's Office and the Election Commissio n to apprO\ e a bill fo, an o,dinance amending the Englewood Municipal Code 2000 to adopt a procedurP. for Protests of Proposed Ballot Titles and/or Submission Clause for Initiative, Referenda and Referred Measures acc ording to State Statutes. STAFF SOU RCT: f ra nk Gryglewicz, Director of Finance and Admin istrative Services, and l o ucrishi a A. Ellis, City Cle rk/Election Commission Member. ii,. Council Bill No , 18 -Recommendation from the Fire C'epartment 10 adopt a bill for an ordinance app roving an lnterg01 ernmenl~I Agrefment with the Ci ty and C:ounty of Denver regarding an Urban Area Securil\ lnitiath e. STAFF SOURCE: Mi chael Pattarozzi, Fire Ch ief. I\ Cou'ICJ1 Bill No. 19 -Recommendation irom the Fire Department to adopt a bill for an ordin~nce for the acceptance of a 2009 Emergency Management Performance Grant awarded IC' the City of Englewood by the State of Colorado in the amount of S26,200. STAFF SOURCE: Steve Green, Emergency V. Management Coordinator. Council Bill No. 20 -Recommendation from the Finance and Administrative Services Departmenl to adopt a bill for an o,dinance authorizrng the lssuan.:e of no more than $3,055,000 in general obli gation bonds for various Water fund c~pital projects. Sf AFF SOURCE: Frank C ryglewlcz, IJ 1 ,dor • vi. Council BIii No. 21 -Recommendation from the Finance and Administrative Ser\'lcP.S Department to adopt a bill for an ord inance approving the lease/p,rrd,ase of equipment for the Fire, Police, and Information Technoiogy Departmrnts. STAFF SOURCE: Frank Gryglewicz, Director. b. Apprcwal of Ordinances on Second Reading. c. Resolutions and Motlo.,s. Recc nmendation from the Oty Manager's Offrce to approv~ a resolution of support for the selection of Ameresco as the City's Energy Serv ;ces Company, STAFF SOURCE: Michael Aaherty, D•pu ty City M anager Ir, Recommendation from 1he Fire Dep.utrnent to approve, by motion, the purchase of a 2009 Che-. rolet C-450!.1 Wheeled Coach medic apparatus l:>r the fire Department St~fl recommenas awarding the contract to the 10\Vest acceptable bidder, Wheeled Coach, In the amount of S 135.313. STAFF SOU RCE : Michael Pattarozz~ Fire Chief. iii, Recommendation from the Utilities Depa rtment to approve, by motion, the purchase of a KOMATSU WA200-6 Front Wheel Loader wrth an optional fork 1rom the lowest acceptable bidder, PO\Ver Mouve Corporation, in the total amoun t of S95,596.19. STAFF SOU RCE : Stewart H. Fonda, Director of J lilltlei;. Pie.,. not• If \'OU tw,e • d,s,bllr, ond nttd •u'11i•'l' ,Ids or ~"ices. pie ... noufy !he Chy of Ens""ood llOF6?-24051 •• l,ost 48 hoots o, ad\,nc• o( "t,,,, sen,ic,s .,. needed Eng~\nod Cit\ c uuor 1l Ag<•n,ia Ma, 4 2()()(1 Pag• 4 ". Recommendation from the Parks and Recreation Depanment to apprO\ c, b\ motion. authonz.ition 1or Cit) staff to apph for a Conditional Use Permit from the Englewood Planning and Znning Commiss'on to locate a commumt) garden at the Engle"ood Depot propert)'. STAFF SOURCE: ferrell Black. Director of Parks and Rttrealion. 11. General Discussion. a. Mayor's Choice. b. Council Members· Cho,ce. 1 ·•. City Manager's Report. 14. City Attorney's Report, 15. Adjournmen t. The followit.g minutes were 1tansmitted to Cit)• Council in April, 1009. • Alliance for Commerce in Englewood Committee meeting of February 11, 1009. • Code Enforcement Advisory Committl'!' meeting of February 18. 2009. • Cultural An.s Commission meeting of March 4, 2009 • liquor Licensing Authority telephone poll of March 18, 2009. • Englewood Public Library meeting of March 10, 2009. • Keep Englewood Beautiful Commisston meeting of March 10, 2009. • Planmng and Zoning Commission meetings of March 3 and April 7, 2009. !'lease note I( \'OU h•" a dlsabll11y •nd need au ,ii•ry aids or seMces, pie""' no11fy lhe Oty of Cnglowood IJOl-762-2405\ at \east 48 hours In ad,anc, of wher s,r.ices are needed. • • • • ENGLEWOOD CITY COU NCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session Aprll 20, 2009 Call to Order The regular meeting or the Englewood City Council was called to order by Ml>1-" Woodward al 7 45 pm 2 I ,1vocatlon The invocation was grven by Council Member McCaslin . 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member McCashn. 4. Roll Call Present • AbsenL A quorum was present Council Members Jefferson, Moore, Penn, Oakley, Mccaslin, Wilson, Woodward None • Also present: c,ty Manager Sears City Attorney Brotzman Deputy City Manag6r Flaherty Deputy City Clerk Bush City Clerk Ellis Director Gryglewlcz, Finance and Adminislrativ~ Services Dlreclor White, Community Development Economic Developmenl Coordinator Hollingsworth, Community Developme nt Planner II Bell, Community Developmenl Police Chief Vandermee Deputy Chief of Police Collins Police Commander Condreay Community Relations Specialist Geier, Police Police Commander Watson 5 Consideration of Minutes of Previous Session (a) COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 6, 2009. Mayor Woodward asked ii there were any correcllons or modirlcatlons. There were none . Vote results : Motion .arned Ayes: Nays· Council Members Penn, Mccaslin, Moore, Woodward, Jefferson, WIison, Oakley None 6 Recognition of Scheduled Public Comment • • Englowood City Council April 20, 2009 Pago 2 (a) Mayor Woodward said we have a presenlat,on tonight to the Englewood Polee c ,1,zen Academy Graduates lhe latest class Pot,ce Chief Vandermee and Community Relahons Speoal•SI Toni Ge,er are 90109 to talk about this I understand that we have 15 graduates at th,s 1,me which ,s Quite an accomplishment Polee Chief Vandermee satd good evening Yoor Honor and members of Counc,t In mosl occas10ns, people have three pnmary ways by which they ce>me ,n con1acl w,th the police The fi rst Is through some kmd of an unfMunate event Most ol lhe lime If we are mvolved ,n somebody's life , something ,s not really gomg parbcularly well Number two 1s through what they see on TV or tn the meoia. and the lhtrd 1s through our community retat,ons programs One of the more s,gmficant programs Iha! we have 1s the C111zens· Academy Tomghl we are gomg 10 recognize those people that have graduated from the Academy This 1s our third class. I 1usl want 10 say how important that I think 11 1s and I want to first thank and express my app,ecial,on to every one of the graduates It ,s essentiaRy Important for us to be successlul as a poltee department, espeaally tn a community policed environment to eslabllsh sogmficanl partnerships w1lh lhe commumty that we serve. The c,tozens' Academy bnngs peop le in and they gel exposed to just aboul every component of the police department that we have They en)Oy a ride-along experience They get to go to the dnv1ng range They go to the finng range They see some of the firearms training They meet representabves from 11vesbga11oos, from the p,olessoonal standards and the South Metro Drug Task Force And I thmk that upon graduallon , what they take oul of that class, Is a much better undersland1ng and apprec1at10n lor how they can help us through that partnership For us, what we get oul of It, Is lhat lhe officers, lhe men and women that participate In lhe Academy that prowles the tralmng, they get to koow a little bit more about the commumty that they served as well So, ,t truly ,s a w1nlw1n What I would hke to do ,s to lnlrOduce Toni Ge,er Toni ,sour Community Relations Spec1al1s1 I lh1nk mos t of you know her, Tom has almost single handedly coordinated and lacil1lated all three of these academies She has already pul logelher and ,s already scheduhng our second 2009 Citizens' Academy that slarts September 1• and I think you are JUSI about booked up for that one or gett,rog close. So ,1 reany ,s a s,gndocant event I am very, very happy and very pleased lo be here lomght to recogmze those people lhal are graduating Your Honor, II you would ltke lo come down , I think we will en list you to help us cul and maybe you would hke lo say a few words as well Mayor WOOdward satd I would like to say as voluntee rs, I think this is a who le new level or being involved ,n lhe community and I am sure that going through the 9 week process and 1n different sessions has been qu11e an educa110n and p,obably you've learned quote a bit One ol lhe things that I did hear the Ch,ef say was or,e of the sessions was at the dnv,ng range did that have something lo do With golf or . ? There was laughter. Mayor WoOdward sa,d congralulat,ons and I think as this program grows, I know Toni has done a lot of work on lh,s ,n developing ,t, as this program grows, It Just has more people, more or our citizens, more of our neighbors and community invested and Involved ,n our community And I commend you for that Police Chier Vandermee sa id what I would like lo do now. ii I may, I will call you up and as I call your name, come up and receive your certificate and congralulallons Jamie Lynn Chavez-Maritnez, Mark Cral~ Taylor Day, s,ye Day-Phott,ps. Beth Faeslel I'd hke lo menhon Carollne Faseruk who ,snot here but has already received her certificate and Carollne 1s also one ol our COde Enforcement Officers Larry Graham, Rebecca Gruz, Lisa Marie Johnson, Margreta Johnson , Steve McMornne, Bobbi Oxford . Chief Vandermee said I wou ld hke to mention also that Bobble 1s one our Voct,m Ass,stance volunteers that responds oo an on-call basis , often bmes ,n the middle of the night to some of oor cntJcaJ ,nctdents, In support of the v,cttms Thank yoo. Bobbt Bobbi said thank you Chief Lon Peltz could not be here lh1s evening but 1s certainly worth recogmz,ng And Bernard Sterrell Mayor WoOdward said he 1s also gardener ex1ra ord1na1re There was applause afler each graduate was recognized Choe! Vandermee satd I would hke to recognize Mart, Mossman Marti 1s one ol our past graduates and she ls • here tomghl In support of t11e rest ol lh e graduates Thank you Th ere was app lause Police Ch,ef Vandermee satd thank yoo Yoo, H()fl()( Mayor Woodwa rd said thank you • • • Englowood City Council April 20, 2009 Pago 3 7 Recognition of Unscheduled Public Comment (a) Howard McGregor, an Englewood res ident, sa id Mr Mayor and Counc il Members I resid e In l~e 1ndustnal section of Englewood I am a member of the Englewood Education Foundation I am a Board member here lo thank you so much for your help w,th the Faff Fling, the ava1labdtty of lacdrt1es and what we are reany doing for the students In Englewood Thank you so very much Mayor Woodward and Council Member Wilson said thank you There was applause (b) Roscoe Davidson said thank you Your Honor and members ol the Council I Just want to add a word of thanks to the words that Howard McGregor offered. You and the support of your Starr In so many ways made the last Fall Fling , our major money raiser, a really significant success And so, you can au feet some sense or pode over what that resulted 111 The money that we raise ts the Foundat1011 whlCh supports the EngleWoOd Public Schools In ways that the Englewood Schools' budget cannot support, provides scholarships and creativity grants, ways to fund special programs that are beyond what the School District budget can handle And so, this current year we have been able to award S11 ,500 OQ m scholarships to the Englewood Schools students and ove, S22,000 00 on Cteativ,ty grants whlCh provides an. music programs, and SC1enc:e programs that add to beyond what the School Dlstnct, Itself, can provide I think this continues the trad1t10n that we have had here in Englewood, a mutual support between the City and the Public Schoo l Sys tem and we so much appreciate the wo,k you have done to make our work possible. Thank you v~ much Mayor Woodward and various Council Members said thank you (c) Brad Mueller said I am on the Board or Directors for the C~amber or Commerce We are working on bnngong the Farmer's Marllet back to Englewood We came upon a little hitch. The $40 00 Special Event fee for each vendor that comes to the Farmer's Market We are looking to get that waived and have us pick one up for the entire market so that we c~n get 11 off the ground, get people willing to come out and purchase space at the Farmer's Market Thdllk you Mayor Woodward said thank you Brad (d) Matthew Crabtree, an Englewood resident. said good evening For the benefit or the record here and those reading the minutes, you can understand why I am so passionate about topic I will be discussing. My name Is Matthew Crabtree. I am the current organizer and Chairman of the c itizen group rn the City ca lled Englewood Citizens for Open Government I am going to take th,s opportunity to respond to a comment that was brought up dunng the Study Session last week regarding our group This comment was regarding our particular websrte, engtewoodcrtlzens org, and another website In the City, eyeonenglewood com Bob and I had a debate at the end of the meeting and I think we addressed a fair amount of the questions There was a few things though that I would still like to bring up for the record And, considering It was originally brought up on the record, I am going to bong the response through the record First of an, englewoodcIbzens org , the ECOG website, is entirely independent and separate from eyeonenglewood com I did not produce the content on eyeonenglewood com nor does ECOG, as a group, produce that content That aside, I would like to address regarding the content on eyeonengtewood com Bob, I went home and read the site, go! through almOst ev~ article on II It 1s a very interesting read Not sure who Is wribng It, exactly, doesn't reany matter What does matter IS they are doing servlce to the community . You may not agree with il You may not agree with the particular viewpoint but It Is a service. It Is another viewpoint on the actions of the City Council and the actions or the City There Is nothing wrong with that I am a little concerned about a few statements and I would like to know, In respc,nse, what you meant by these You said tha~ that webstte, eyeonenglewood com, created unhealthy environment in the City Now, t read 11, some things I don't agree with on that site, some things I do. I think there Is a very Interesting perspective on a lot of Issues that that person brought forth for the people or this community One of which is the garbage pickup I think that was a p,etty good perspective on tt It ,s one that I share perwnatly but, and I think others In the community do share also It Is good for them to be able to read and get Informat10n fike that Now, as for the linking back and forth between the two si tes, one or ECOGs, I guess part of our Mission Statement and one of our things that offer the community Is 111forma110n free We offer recordings free Now It Is another recording as the City Is doing thew own But 11 1s a high quahty recording that we offer free and we offer perspectwo of our own That leads me to • • Engl ew ood Ci ty Co uncil Apr il 20, 2009 Page 4 the first amendment When you say that It 1s unhealthy for a specmc person to print on a blog a cer1arn perspective, be ,1 negabve/be 11 positive. that ,s concem,ng ECOG can fall Into that same category In fact. we have had a similar comment made about our group being, you know, it Is unhealthy or II ,s negative or whatever like to go on the exact quotes vn that. But we are all protec ted by the first amendment And , may I rem,nd you, that one or the reasons for the first amendment was freedom of press And our found,np fathers or this country made ,t very clear that the press was a good way to keep our elected off,c,ats m check and responsible If this is ano'her v,ewpoinl ,t should be well accepted I encourage aD of you to review that Sile and read 1t Take these thmgs 11110 consoderabon It is not the responsobtltty of every citizen In this community 10 bring fMi1 soluloons for the problems and, often 11111es. they wth just bring forth lhe problems. And ,t Is your responslbihty to find a solution that meets the interest of the whole community I personally believe that II is nol onl y our right as citize ns on this country to question our govemment. ii Is our responsibl hly. And that sole Is doing that. I like the reading I like the way ii Is written I like the way it reads and you know. thank you Bob for bnnglng this lo my attention I believe It falls ,nto another Information source I am gorng lo hnk ii on the ECOG website I like It but I'm going to now lrnk rt on ECOG website, along with Englewood Herald. I wtU keep ii even, both perspectives of the medra on Englewood Another thing thal I would lrke 10 address that was b/Oughl up was false rnformallon on th• ECOG wPbsile I don't see any false ,nformabon on lhe ECOG websrte whatsoever, We are very careful with the information as we provrde IL The cards lhat we are disltibutrng lhal ask the question should our Mayor be elect ed? That was brought up as false information. Technically speaking, l he citize ns or this community do nol elect their mayor. The mayor Is picked for l hem out or lhe current Council. Thankfully, our Mayor right now, is actually at-large so therefore lhe oeople of the communily did have an opportunity to voice their opinion on e!ectlng him a Council Member but nol as mayor. And I was part or that, the plckrng I was on that room the day lhat you got selected and lhere wasn't a Whole lol or community input wtlh that. So, I ask the pecple ol this commun,ty, should the mayor ol Englewood be elected? I don't believe that Is a falsity at aff And thank you, that is all I have Mayor Woodward said lhank you (e) Beve~y Cummins, ijn Eng lewood resident, said I !honk you know my name. I've been here belore. Back about two months ago, Nanc~ Peterson brought some plaques here and wanted you lo do somelhlllg considerable about ot. bul Instead you sard you would pul one on your wall And I stood up and I said, instead of that, why not give her a waft out here and all of the communtty and us, let us all en)Oy them, onslead or just ~ou And you said, al another meeting, thal you thought rt would be good to put lhem up over lhe cabinet and on lhb wall behind lhere Then last Monday night, then you informed everybody, through the Council, that you were going to send them back over lo lhe Police Slatoon where they had come from In the first place, and where they were going lo throw them away And you, as Mr.yor, I thin k, should stand behind your word . I am a person of old beliefs and I thought a man's word was as ~ood as a hand shake. Bui I guess you have to have It wntten In blood before II rs a ltue stalemenl And we '1ad 57 people, consrder your 7, that agreed that that would be a good thing to do Bui no, Council thought othe!wose I am going 10 bong rt as far as I can and I had other people going to come and talk but I guess they all chickened out. but I'm not afraid of you and I'm not ch,ckemng out just because you thrnk you are almighty God, because you are not And I think our op,noon should be rn here somewhere. But you don't give a darn about anybody else's opinion, only your own think that Is very rude and unacceptable. Thank you Mayor Woodward sard thank you 8 Communlcallons, Procl1m1llons and Appointments ,a) considered A teller from Enc BertoluUJ lndicabng hos resogna110n from the Urban Renewal Aulhorrty was • COUNCIL MEMBER JEFFERSON MOVED, AND COUN CIL MEMBER WILSO N SECONDED , TO ACCEPT THE RESI GNATION OF ERIC BERTOLUZZI FROM TH E URBAN RENEWAL AU THORITY . Mayor Woodward asked rf lher':! were any comments • • • Eng lewood Ci ty Council April 20 , 200 9 Pag e 5 Mayor Woodward said I iusl want 10 menbon that I served I beheve go,ng back lo 2000/2001 w,lh Enc 0119,naUy on E:URA and Enc certainly brought something lo lha l Aulhonly and 11 got through a number of things, that IS, lhe Bal es Sla11on, redevelopme nt, plann ing and wha l was going on over there and had some very valuable input And the lalest thing was the Cullurat Cenler tha t, due to economic bmes, has gone away So regretfully. I vote to accept Eric's resignation PJ.ayor Woodward asked tf there were any comments There were none Vole res ults: Molloncame<i Ayes. Council Members Penn, McCas l,n, Moore, Woodward, Jefferson, Wilson, Oakley Nays None 9 Consent Agenda COUNCIL MEMBER MOORE MOVED, AND COU NCIL MEMBER PENN SECONDED, TO APPROVE CONSENT AGEN DA ITEMS 9 (a ) (I), 9 (b) (I), (ii) and 9 (c) (I). (a) Approval of Ordinances on F1rs1 Reading (1) COUNCIL BILL NO 12, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 15, SECTION 4, SUBSECTION G PARAGRAPH 11, PERTAINING TO PAWNSHOP LICENSE FEES AND CHAPTER 16, SECTION 4, SUBSECTION G, PARAGRAPH 10, PERTAINING TO AUTOMOBI LE PAWNBROKERS LICENSE FEES, OF TftE ENGLEWOOD MUNICIPAL CODE 200 0. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO 8 , SERIES OF 2009 (COUNCIL BILL NO 9, INTRODUCED BY COUNCIL MEMBER OAKLEY) AN OR DI NANCE AU THOR IZING THE INTE RGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT RTD & CITY OF ENGLEWOO D COST SHAR ING FO R TH E ART" BETWEEN TH E REGIONAL TRANSPORTATIO N DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO (•) ORDINANCE NO 9 , SERIES OF 2009 (COUNCIL BILL NO 10. INTRODUCED BY COUNCIL MEMBER McCASLIN) AN ORDINANCE AUTHORIZI NG THE "FIR ST AME NDMENT TO CONNECTOR'S AGREE MENT SEWER CONTRACT NO, e· BETW EE N SO UTHGA re SANITATION DISTRICT AND THE CITY OF ENGLEWOOD (c) Resolutions and Motions (1) By Mo11011, AN AGREEMENT BETWEEN THE Cl fY OF ENGLEWOOD AND FIRST TRANSIT, INC FOR THE 2009 OPERATION OF THE ART CIRCULATOR SHUTTLE IN TH E AMOU NT OF $240,906 24 Vole results: Mo!Joncamed Ayes Nays 10 Public Hearing llems Counci l Members Pe nn, McCas lln, Moore, Woodward, Jefferson Wilson, Oakley None • • • Englewood City Council April 20, 2009 Pago 6 No public hearing was scheduled before Councd 11 Ordinances, Resolution and Motions (a) Approval of Ordmances on First Reado,g (I) Economic Development Coordinator Hollingsworth presented a recommendation from the Community Developmenl Department to adopt a bill for an ordinance approving a Memorandum of Agreement to conhnue Englewood's participation In the Colorado Brownflelds Cleanup Revolving Loan Fund through June 30. 2012 He said the Colorado Btownflelds Cleanup ReYOlv1ng Loan Fund IS admimstered by member c,ties and agencies lnclud,ng Denver, Lakewood, Commerce Crty, Loveland , El Paso County, and CHAFA and Colorado Department of Public Hea lth and Environment, who also participates with the coahloon . Eng It.wood has pPrticlpated In this coalition for the past 1 O years. Maintaining Englewood's participation In this coak:lon en;,~:;,s Englewood lo remain eligible for funding assistance for Brownfietds Cleanup dollars Eng ewr.oa has made direct use of these dollars 111 the past by ctean,ng up Centennial Park with some of these Brownflelds resources. That concludes my comments on the Memorandum of Agreement and I would be happy lo comment on any questions that you might have Mayor Woodward asked ,1 there were any questions There were none COU NCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE AG ENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 13 . COUNCIL BILL NO 13, INTRODUCED BY COUNCIL MEMBER OAKLEY A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED 'COLORADO BROWNFIELOS REVOLVING LOAN FUND MEMORANDUM OF AGREEMENT AMENDMENT 3' PERTAINING TO THE COLORADO BROWNFIELD$ CLEANUP REVOLVING LOAN FUND BETWEEN THE CITY OF ENGLEWOOD, THE CITY AND COUNTY OF DENVER, COMMERCE CITY, THE CITY OF LAKEWOOD, THE CITY OF LOVELAND , THE CITY OF WESTMINSTER ANO EL PASO COUNTY COLORADO AS WELL AS THE COLORADO HOUSING ANO FINANCE AUTHORITY ANO THE COLORADO DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT Mayor Woodward asked if there was any discussion Mayor WoodWard ,;aid I JUSI wanted to menbon that f believe, mayba Darren can verify that we were, I bell9Ve, lhe r~st grant awarded for the Brent Mayne Fields over in Centennial Park from the cleanup there Mr Hollingsworth said we were the first or second project nationally and we received significant at1ent1on for that project when 11 was completed The dollars that were used on that site, as we understand ii, very inslrumental in help,ng its funding gel off the ground. Mayor Woodward said okay, thank you Mayor Woodward asked of there were any other questions or comments There were none Vote resulbl: Motion carried Ayes Nays Council Members Penn, McCashn, Moore, Woodward, Jefferson, Wilson. Oakley None (11) Deputy Chief of Police Collins presented a recommendatoon from the Poloce Department to adopt a bill for an ordinance authorizing tho applicallon and acceptance or a Justice Assistance Grant in the amount of $144,662 00 . He said good evening Mayor and members of Council Back In March of • • • Englowood City Council April 20, 2009 Page 7 1h1s year, the Police Departmenl was not1r1ed lhal we were el1g1ble for Jusloce Assistance Gran! money ,n the about or $144,662 00 We combined with seven olher law enforcemenl agencies and the ultimate disbursement 1s abo ul 1 7 mil lion dollars 1n Juslice Assistance Grant money What we are looking for this evening Is Council's support In our apphcat1on of the JAG grant as well as lhe acceptance of lhe monies when lhoy come through The r1scal agent ror the grant will be the Aurora Police Department and they will be the agenc.y responsible for the actual filing or the grant We will be applying lhese monies towards three separate programs and bas ically the purchases will be for equipmenl So, 11 you h3ve any quest10ns, I would be more than glad to answer them Couroal Member Penn said os there somewhere where we can do some more research on the nash cams. rust ourselves personally? tve there some websites that we could hod lo look at, how eff1e1ent they are and then usage? Deputy Chief Collins said I actually have some documen1at10n on that JUSI p<0voded to me by Investigator Schellpfeffer He is our graffiti inveshgator So K al all J)('Ss1ble, aD I'll do ,s route ot through the City Manager's Office and get that to you Council Member Penn saod thank you Mayor Woodward said I have a question that comes from the Tri-Cilies meeting when we were talking about this and I noticed Llttlelon is getting these automated license plate recognition systems, I believe, for ... they 1ust flash and recognize that It Is a stolen ca r or something like that Is that something thal we have or that we could share wilh them? Deputy Chief of Pohce Collins said we don't have that. I believe that Littleton Is going to lry to acquire one or two of tt.ese They already have one These ,tams are kind of procey. They are about S20,000-S22.000 apiece And, we actually had lhat on our tis~ our wish hs~ If you win. It didn"I quite frt into the overall budget It was kind of putting me over quite a brt lo where ft would hit our operabons budget by a Iott.le bot harder than I wanled But you are nght The Sheriffs office does have that We have not actually asked for all those but we are familiar With thOse Mayor Woodward asked d there were any olher quest10ns There were none CO UNCIL MEMBER PENN MOVED, ANO COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGEND A ITEM 11 (a) (II)· COUN CIL BILL NO. 14, COUNCIL BILL NO 14, INTRODUCED BY COU NCIL MEMBE R PEN N A BILL FOR AN ORDINANCE AUTHORIZING THE APPLICATIO N FOR AND ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT "RECOVERY ACT JUSTICE ASSISTANCE ALLOCATION" BElWEEN THE CITY OF ENGLEWOOD AND THE EDWARD BYRNE JUSTICE ASSISTANCE PROGRAM Mayor Woodward asked d there was any dlscuss,on Couool Member Jefferson sax! I too. would 1ust toke to see somethong of these Hash cams presented Mayor Woodward said I fOSI want to menbon that this Is a nr.n-matchong grant Deputy Chief of Police Collins said e~ar.tly Mayor Woodward asked If there were any other comments There were none Vote results: Motion earned Ayes · Nays Council Member$ Penn, McCashn, Mo~re, Woodward. Jeffor,u11, Wilson, Oakley None Deputy Ch1ef of Police Coftons 5.!od t~ank you • • • Engl ewood City Councll April 20, 2009 Page 8 Mayor Woodward said !hank you (b) Approval of Ordmances on Second Readmg There were no add1110nal Items submitted for approval on second readmg (See Agenda Item 9 -Consent Agenda) (c) Resolutions and Motions (1) D.rector Gryglewtez presented a recommendation from the Departmenl of Finance and Administrative SeMces to approve a resotubon authorizing year-end supplem ental appropnat,ons lo lhe 2008 Budget He said although the City goes lhrough very extensive budget ptOCeSS rt lakes about 8 monlhs to go lhrough, and often bmes al of !he expenditures for a year are not known untd the audit is cornpl,!te We basically completed the audit The Comprehensive Annual Report, onclud1ng the audit report, will be presented to Council ,n May And as we know. the City cannot expend any funds without formal approval This supplemental formalizes the expenditure of these funds lo 2008 And as you C3n sea there 1s a supplemental for the General Fund For the Capital Projects Fund, there Is a transfer between the P..bllc Improvement Fund and the Capital Projects Fund. The Donors Fund has a supplemental as doea the Commercial Revolving Loan Fund; the Sewer Fund. which 1s the Utility or Enterprise Fund; the Concrete Ullllly and the Central Services Fund. And those all were Identified during the audit process. Mayor Woodward said I have a question Frank On !he Fue Department Democrauc Naoonal Convention overtvne. as I recaU. the Police were gorng to be reimbursed by Denver And !he Fire Departmen~ I don't recal, but it seems lo me lhllt !hey weren't because of an Intergovernmental Agreement or somelhing like that or we were covering !he soulh end .. Di rector Gryglewlcz said I believe II is the Mutual Ald agreement between lhe cities Mayor Woodward said okay, so there never was any intention of gelling reimbursement on that Director Gryglewicz said nol lo my knowledge . Mayor Woodwa rd said okay, tha nk you Council Member Mccaslin said I thin k that Is what we all understood. Mayor Woodward said okay COUNCIL MEMBER PENN MOVED, ANO COUN CIL MEMBER McCASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 36, SERIES OF 2009. RESOLUTION NO 36, SEr.tES OF 2009 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2008 BUDGET AND TRANSFER BETWEEN FUNDS Mayor Woodward asked If lhere was any olher discussion There was none Vote results: Molion earned Ayes Council Members Penn, McCasllll , Moore, Woodward , Jefferson, Wilson, Oakley Nays None Di rector Gryg lewlcz sa,d thank you (11) Plan ner II Bell presenled a recommendatio n from the Community Development Department 10 approve, by motion, a contract to oonstruct Phase 2 of the Paseo Projecl He said Your Honor, members of City Council Thank you for giving me the opp<,rtunity to speak 1onight Ton1ghl C,ty Council Is being asked to consider !he award of a contract for lhe constructJon of Phase 2 ol the Paseo ProJOCI Before I get into the speclfcs of the contract. I would l ike to g,ve iusl somewhat of an update on the Project as a whole The Paseo ls localed ., the 3400 block of Broadway on !he west side and 11 Is a space ,n mid-block thal since • • • Englewood Cit y Council April 20, 2009 Page 9 the 1980 s has connected the public parking lots on Acoma with the businesses that front onto Broadway Over ''le years that has become somewhat of an undesirable space and so in 2007, the City decided to master plan the site with a goal of transforming 11 Into much more of an act ive, well hi. safe public plaza So later that year. we were able to obtain approval from Arapahoe County to reallocate some Federal Community Block Grant funds towards Phase 1 of that project At the same time, we were going through a des,gn process on that Phase We were successful in reallocat,ng those dollars and later In 2008, Phase 1 of that proiect was completed Phase 1 included removing the overgrown landscaping, brick, removing some of the pavement, and putting in some infrasll\Jcture that would sort of pave the way for Phase 2 Then later again on 2008, we were able to reallocate some 2007 CBG funds as we~ as requesl the 2008 funds totaling $130,000 00 and finish up Jhe bod documents and went ahead and put Phase 2 out to btd This year on March, we opened bods, they were very favorable It is a good climate for construcbon nght now. We received 14 bods with the two low bidders being wltlun aboul $20 00 of each other The bids came ,n such that we were w1th1n budget and were able to recommend the award of 2 out of the 4 alternate items ,n the bid so that WOl1<ed out well In terms of specifics on the recommendabons for award , we are recommending that Council approve, by motion , a contract to construe! Phase 2 with the contractor being, Landtech Cnntraclors, Inc in the amount of $107 ,201 .00 We have checked Landlech's references They have done a lot of good work Their references are excellent. They are a strong company and we feel like they will do a very good job. The Project was advertised over the City's electronic bid nel system and was advertised In the Englewood Herald. And again, Landlech Contractors came In with very good recommendations . He asked does anybody have any questions on the documents here for the day. I would add one other thing. and that Is this Project is going to be happening very quickly. Our goal Is to finish about half the project by May 31 and If possible. com21ete the entire project by August 31" Councn Member Penn said August 29"'. Mr. Bell said yes, August 29 , There has been some discussion thal If it does gel done by lhat dale, including It In the Englewood Days celebrallon. He asked 1r !here were any questions on the documents or the process or anything Counc:I Member Wilson said I don't ha\18 any questions but I'm just very excited ror this pro,ect to go torward appreciate the work that you and Community Developmenl have done on II and t think n will be a big asset to down town Council Member Penn said I too would t do bring lhal up jokingly .. August 29" but I think It would be a great way to presenl to the public on August 29~ when we have a throng of people down there for Englewood Days. think it would be a great way to present this new project to all the people of Englewood Mr Bell said I agree. Mayor Woodwa rd asked if there were any other quesUons. There were none. COUNCI L MEMBER WILSON MOVED, AN D COUNCIL MEMBER McC ASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (II) -A CO NTRACT TO CONSTRUCT PHASE 2 OF THE PASEO PROJECT. Mayor Woodward asked ff there was any further discuss,on. There was none Vote results: Mohon earned Ayes· Council Members Penn, McCaslin, Moore, Woodward, Jefferson, W11Son, Oakley Nays· None 12 Gene ral Discussion (a) Mayor's Choice (i) Mayor Woodward said last Thursday Bob and I allcnded, along with some other etllzens. the evening Neighborhood Watch and the Police Citizen Academy meeting here al Hampden Hall think I found the presentations to be very informative on coyotes and the gypsy. what ls called gypsy travelers 111 the area and ooming ,nto the area at this tome So, I want to acknow1edge thal that was a worthwhile and • • • Englewood Ci ty Council April 20, 2009 Pago 10 valuab le me et ing I saw new people !here and missed a lot of the people lhal haven't been there or hav e been !here in the pasl (11) Mayo r Woodward sa id I wou ld also hke lo bn ng up and men lion ex -superintendent. former supermtendent Roscoe Dav idson , being here ton igh l lor lhe Englewood Education Foundallon The y have held , over lhe lasl two years , the ir Fall Fling here at City Cenler and I thin k lhey have found , like the Chamber fo und , thal City Center is really a great place for commu nity affairs In talking to Mary Dou nay , who Is the Cha ir, she wanted me to ask if they could use the facility again this year , They have had the ir two most successful years holding 11 here and all wilhm lhe City or Engl ewood . Whal we have done in the past Is, as I recall, is waive the actua l fees ,ind charge for the actua l hard cosls , thal is janitorial and cleanup of the facility and anythrng associaled with t~at. Would lhal be correct Gary? C11y Manage r Sears said !hat's correct. CO UNCIL ME MBE R McCASLIN MOVED , AND COUNC IL MEMBER PEN N SECONDE D, TO WAIVE TH E FEE S FOR THE EN GLE WOOD EDUCA TI ON FOUNDAT ION FALL FLIN G EXC EPT FOR TH E HA RD COST S. Mayor Woodward asked if there was any discussion Council Member Penn sa id I was going to save th is for under my commenls but I will go ahead and talk since I am on the EEF Board . If you notice that the dollar numbers that lhey talk ing about. they are lalkmg aboul $11 ,500 .00 in scholarships to the Eng lewood High School studenls and Co lorado 's Flnesl We also gave S22.000 .00 in scholarshi ps for creative grants to teachers In the Englewood Public Schoo ls. And so , thi s is one of the big fund ra isers that EEF uses to afford these scholarships for the teachers and lhe students I l hink lhal is someth ing that w~ •!efinite ly need to do . They didn 't go on. I did ta lk to Howard and Dr Davidson today and they wanted to extend their thanks , Gary, to you and the staff , Kerry Bush , they sa id that you were a tremendous help , and both of the Sue's upsta irs m the office , Carol McGuigan , Johnny Lujan You know lhey just said it was a great thing and lo make sure that you pass that on for 1he EEF . Mayor Woodward asked if there was any other discuss ion . There was none . Vote resu lts : Mot ion carried . Ayes : Councol Members Penn , Mccaslin, Moore , Woodward . Jefferson , Wilson, Oakley Nays : No n e (ii i) Mayor Woodward sa id I wou ld hke to address Ms . Cumm ins commenls on , I guess , what I will call an attack. I don 't fee l li ke I have made any commilmenlS . I have made some slatemenls regard ing In what , in my opinion . would be good places . Although not be ing as you sa id, Oh Mighty God , or feeling like that ... first time I've ever had heard that type of comment assoc ia ted with me .. ii is the decision of the Board of 7 people here lo decide where lhal display would go That disp lay was decided that the approp ri ate place for ii was lhe Po lice Department , in the reception area . I had ideas , or a thought, that ii might be approp rlale above the trophy case . However, if you go lo any other department .. all other departments ... Inc luding . Parks and Recreation Department, Commun ity Development , Wastewaler Treatment Pla nt all of the awards are at I hose fac iliti es . (From the aud ience Ms . Cummins sa id but they don 't throw them away .) Mayor Woodward said you are out of hne or out of order. You had you,· opportunity . So , your comments to me personally are , I find, just an attack . If that Is the way you work , thal Is fine . We will deal with that. Thank you . (b) Council Members ' Choice (I) Council Member Penn · 1 He sa id a couple of neat th i ngs happened with Meet the Authors Sunday down al the library II was a greal success We had 60 authors , from lalk ing to all the authors down there , this Is probably the biggest event that the Colorado aulhors have to be able to present their books , Ideas and Interactive with the other aut hors II was a great thing . And of course , Joan Clayton did a super job setting it up and with her , Hank Long Kerry , she had great food down there . Ke r ry Bush , thank you You extended my wa lslllne aga in which ii doesn't need • • Englewood City Council April 20, 2009 Pago 11 100 We na,e plenly of volunteers from the Fnends of the Library A lo t of the Library Board was there and I believe a lot or the Board members So. a big congratula!Jon to Meet the Authors Agaio , 11 was a great success 2 He said I won't talk about EEF again 3 He said to the gradua tes of the Police Acad,my, congratulations and I hope It Just continues It just seems like 11 keeps growing and growing It ls a great ,rogram and hopefully that keeps going . 4 He said Brad Mueller came in I am trying 10 step back so I don't always ask for money for the Chamber We came Into a glilch and it ,sour own faun but they are asking for a waiver on the Specia l Events We would like 10 house It under one thing and lhe Chamber would have to pay for lhe fees on that and loolt lowards next year as we develop the Farmers Market 10 oontinue That's all It's been a great week Thank you (H) Council Member McCasl,n 1. He said first of all. I've talked to a couple of residents about after the snow storm and they were really pleased the way Eng lewood hand led the ir removal. So I wanted lo pass that onto Public Works. 2 He said seco1.dly, Mathew, I would like to add1ess some comments you made about...l don't believe I ever said ·unhealthy', and I didn't get in a dlscusston quoted ... with H laken oul of oontext the last time we had a dlSCUsslon but what I said, 1f I remember nghl I said that some of the articles were negative They were wntten by anonymous authors and they were complaIn10g about the City and what we do e :f had no positive solutJons. I don't think at orie lime did I say that It was ·unhealthy' I may halVe said It was negative but I didn't say 11 was unhealthy In my opinion, It was negal!ve Thal IS about all I have to address on that pa rt and I think othelWise. lam fine (di) Council Member Oa kley said I would hke to comment on the plaque situation lhal you referred to I believe when that was brought up al our staff meeting, and I was the first one to propose thal they be placed in the Police and Fire Complex on display ln the lobby And my reasoning was the same as what Jim explained, that the awards for the Water Depa~ment are, for the most part, at the Allen Filler Plant and for the water and sewer they are on display ,n the lobby at B~Crty This program was administered down at the Police and Fire bu1ld1ng and I thought that was an app,opnate place to put them And as far as them being thrown away, I don't know whether they wdl ever be displayed al at once or whether they will display a few al a t11ne and how they ended up In a box but I think Counclf made ,t plain enough that they are displayed and they should remain there So al the present time, I don't have any qualms of them going away I think they win remain displayed there That's all I have Mayo r Woodwar~ said lhank you Wayne (rv) Counci l Member Wilson 1 She said I was at the Meet the Authors on Sunday at the library and I was really thrilled with the turnout Lots and lots of people and very interest,ng I got a book for my granddaughter and it was interesting to see al the different what the different authO<s were talking about One was a doctor from where I used to work One was a neighbor of yours, Bob. Council Momber McCashn said yes, he li\·es two houses down Counclt Member WIison said yes, and so thal was fun to see one of the gu·, from l he neighborhood, writing his lhird book There we re a slew of different types of reading, so It was" lot of fun. I thought It was great I really enjoyed II • One of the au1hors even sells gla ss-blown beads on th e side. so you never know who you'll meet 2 She said did you need something for the Farmers Mal1<.et. a motion to wa,ve that? Council Member Penn said f do need a mo!Jon on the waiver, yes Council Member Wilson said so can I move for a motion for the waiver on the Farmers Markel at this point? Council Member Penn said ,t 1s a speoal events fee Council Member Wilson said okay. a special events fee • • • Englewood City Council April 20, 2009 Pago 12 Council Member Jefferson said I will seccnd IhaI mouon Coun::,I Member McCasl1n satd can you danfy what Iha! sa,d Is that for each vend01? Council Member WIison said I thought 11 was the vendor fee that the gentleman here was talking about Council Member Penn said yes Ii would be for each vendor, this yelr Unfortunately the person that IS WI charge of the Cham ber, doesn't always know all of the answers and unfortunately this Just came up We Jusl kind of finalized It today We will take care ol I1 nexl year II Is JUSI hard to put It on the vendors this year as they are all planning on corning and some of them would probably back out once they had lhal S40 00 fee added 10 their vendor fee C.,uOCJI Member ~cCashn said so Is this a one lime fee orwiU we addless 11 next year? I don'l thmk 111s a problem Counetl Member Penn said no. I think next year It will be pubhetzed We will have the amount ouI there so Ihal when they apply they s1111 have to apply for a vendor hcense They still have lo come In and apply 101 Iha! If they are selling anything but consumables, they still have lo come In and take care of their sates tax license If they are selllng consumabl as that they can consume at the Farmers Markel they have l o be okayed by Tri• County So the ;e were all in olace other tnan the special events fee Ms Wilson said then you are asking for one for the umb rella for all Coun cil Membe r Penn said that Is correct COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER JEFFERSON SECONDED, TO WAIVE THE SPECIAL EVENT FEE FOR EACH VENDOR FOR THE FARMER'S MARKET FOR 2009 , WITH ALL VENDORS GOING UNDER THE UMBRELLA COVERAGE BY THE CHAMBER OF COMMERCE FOR ONE SPECIAL EVENT FEE OF $40.00 TOTAL. Ma yor Woodward asked 1f there wos any mor,1 dIscussIon Council Member Moore said so what IS the umbrella fee that replaces rt Council Member Penn saJCI the Chamber wI11 pay the S40 00 umbrella fee for the enI11e Farmers Market Counc,t ~,ember Wilson said instead of 1ndlv1dual fee Council Member Penn said 1nslead of Individual ones. Council Member Moore said 11 ,s noI clear lo me win the Chamber pay MO 00 for evPry license lhal would have otherwise been Counc il Mr nbe r Penn said no, Iusl the $40 00. iusl lor the one time Council Mcmbe, M001e asked how many vcndofs Couool Member Penn said nghl now, I lhmk there are 14 Now there Is not a fee 10 C1ly busmesses an,j so there are C1Iy bus.nesses thal Will come 111 and there would not be a special events fee. So they do nol have 10 pay one Couool Member McCashn said KEB was kind of geltlng on boald for a booth Mayor Woodward said Randy, a quosllon on lhe Chambe r has a number ol boolhs lor lheir use Council Member Penn said that ,s nghl Mayor Woodward said would each one of those be considered a vendor loo' I mean, 1f for example, the Englewood one of the high school groups came 111 and lhe Glf1 Scouts were there 101 some t~ ~. would lhey be lwo separate groups or wou ld II be under the umbrella currently avm1 le? Council Member Penn said they would be under the umbrella but they would not have l o have one becau~e they are non-profit and none of the non-profit companies have 10 Those fees are always waived They are aulomat1catly waived but they would come In there so lhere would not be a fee there The only fee lhal the non- profits would have to pay would be 1f lhey sell anything besides consumable or the ir ca rds or things like lhal So d they came ,n and sold baked goods no not baked goods 11 would have lo be something else II they came ,n and sold bags they would have lo apply for a sales tax license and they would have lo have a permrt Mayor Woodward asked 1f there were any olher queshons There were none Vot o results: • • • Engle wood City Council April 20, 2009 Page 1 3 Motion earned Ayes Council Members Penn, McCasltn, Moore , Woodward , Jefferson, Wilson , Oakley Nays None (v) Council Member Jefferson He said first I JUSt want to say congratulations to the latest class of grads II Is noce to see that program having so much success 2 He said I Just wanted to thank Mr McGregor and Dr. Davidson for thew work 3 He said it looks li ke we took care of the fees for the Chamber 4 He s..id to Matthew, whole I generally drsagree woth a lot of onformallon found on eyeonenglewood com, I too generally agree thal gelling people ,n our community tnterested in lalkJng about the Issues that face our community ,s very beneficial 5 He said to Beverly, I actually agree with you I wo uld like to have see n them in the City building here as well However, as Mr Mayor pointed out we do have a process for making decisions and we must adhere to that process. That's all I have. 13 City Mana ger's Report (a) City Manager Sears said Just a reminder about the Wednesday afternoon, al 4 o'clock, al the sewer plant, the Wastewater Treatment Plant. II you get a chance to come over, It Is really pretty spectacular It is 114 million dollar proJeCI completed on Ume and under budget woth the retum ol 1 5 million dollars The staff over there did an incredible job of keeping the project going with only three lost-bme acadents or a mino< nature ,n a four year bmeframe while we were sbll proVidlng 23 mHlion gallons of sewage treatment on a dairy basis It Is up for some national reviews and awards . II was the largest public works construction pro)8Ct in the Slate of Colondo back when 11 was started So II you get a chance to come over, 11 will be lnlorma l there but again this Is a very complex City and we operate a maior wastewater treatment facohty ... the third largest, I believe, in the State of Colorado So ,r you get a chance to come by, I thin k you woll be impressed woth the result. So hopefully you can be there That's all thal I have Council Member Oakley said are they going lo offer tours or.. ? Coty Manager Sears said 1f you could call early ... there will be either before or after. but It will be over about 5 15 or 5 30, but if you can come by In the afternoon to tour the new processes fac,hty. Most of you have been over there and seen rt but to see rt on the final state is pretty spectacular Just grve Waslewater a telephone caU over there and they are ready to CJ the tours when you can That's all 14 City Atto rnoy's Report (a) City Attorney Brotzman said I do have one item We were able to the sellle the proposal f01 Montgomery vs the Coty of Englewood 101 $30,000 00 This is to resolve a daim for baclt pay The daim Is based upon adm,n,strallve time that was earned prior to 2001 Whole the current City pohcy, adopted In 2001 , does not allow payouls for administrative bme In contradicbon lo that policy, during 2001, the then O.rector of Pub lic Works Issued a misleading memo. And while tha t DI rector d•1 not have aulhority to contradict the Coty policy thal was adopted, It was confusing to the employees 'lhal were Involved, The settlement wou ld resolve this Issue to an employee that had 50 years of service to the City, It would also free lour currenl employees s,m,la~y Those four employees would 001 rece,ve cash but rathe< would be 1eqwed to use their pre,2001 adm1n1strabve t1n1e So I would request a prQpOSal to settle Montgomery vs the Crty of Englewood Council Member Jefferson said whal again was the exact settlement amount? Coty Allorney Brotzman said $30.000.00 • • • Englewood City Council April 20, 2009 Page 14 Mayor Woodward said and that mcluded atlorney fees? City Attorney Brotzman said yes Mayor Woodward said and this is the Initial settlement proposal that will you wi ll notory us when all things have been resolved with regards to that? This Is not resolving everything, I don'I think It Is getting we have un1,1. City Attorney Brotzman said we have releases from everybody al this point except Mr Montgomery We have negobated the setHement documents with Mr Montgomery h1111sell So 11 Is not signed but we have the documents in hand Mr Woodward said okay COUNCIL MEMBE R PENN MOVE D, AND COUNCIL MEMBER JEFFERSON SECO NDED, TO APPROVE THE PROPOS ED SFTTLEMENT OF $30,000.00 FOR MONTGOMERY V. THE CITY OF ENGLEWOOD. Mayor Woodward asked if there was any discussion Council Member Wilson said as everyone knows, I don't agree with this and I won't be voting In favor or 11. I felt that I want to support the current people, administration and also things do change I worked In the government for 30 yea rs, when we got a new govemor, the whole world changed every time , Things were given, things were taken away, and i t was part of business , And so, I reel that this Is Inappropriate That's all I have. Council Member Jefferson said and I do feel thls ... after exhausted discussion with the entire Counetl In Executive Sessions, I do generally support this motion for settlemenl This Is a very cost effective way to manage this type of a sttuatlon where an employee has a legitimate claim against the City It also seemed just generally tike the right thing lo do This was our longest serving employee, In my understanding, over 50-plus years with the City. And we Just wanted to make sute that we did what was fa,r and also efficient for the Ctty's cash And aga,n, t win be supporting this Councd Member Penn said l agree wilh Joe You know, even in supporung th,s , Gary, I hope you shit understand that we have high regards for you and ~ has nothing to do with what you do but a ,s just something that I think Is fairness And yet, I want you lo realize that we sl~I have extreme City Manager Sears said I appreciate It Mayor Woodwa rd said I would just like to make a statement that I want to acknowledge Del Montgomery's work and dedication to the City over the past 50 years and all the work lhat he has done and work of other employees of Public Works I have strugg led w1lh this since Il started, in that not whether some people have done the work, but whether this Is the place for Council to get involved here or where this Is specifically stated as a City Managers duty to deal with this. I've gone back as late as today. yes and no, however at this point, I w,11 be voling yes on It to gel it completed Gary, I respect what you have gone through over lhe last number of years with this and support what you have done Ma)'Of Woodward said JS there any other dlsaJssoo now There was none Vote results: Motion carried Ayes· Counal Members Penn, McCashn, Moore, Woodward, Jellerson, Oakley Nays· Counal Member Wilson 15 Adjourn ment MAYOR WOODWARD MOVED TO ADJOUR N The meeting adJourned at 8.50 Pm ~ Deputy City Clerk PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT May 4, 2009 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC • • PROCLAMATION \.\'HEREAS. each year the Cuv Council of the Cit)• of Englewood, Colorado honors a Citizen oi the Year who has made significant contributions to the com munity of Englewood; and WHEREAS. Eugene Otis served as Englewood's Mayor from 1980 to 1988; and WHEREAS, Mr. Otis has given generously of his time to the Cit)• and community of E lewood, volunteering on the Englewood Water and Sewer Board, the Greater Eng wood Chamber of Commerce, the Englewood Historical Society, th e Englewood lions Club. nd as an active member In his church; and WHEREAS. the Englewood City Council wishes to honor Eugene Otis for his contributions to the Ci t)• of Englewood and for the posi tive impact he has had In our community; NOW, THEREFORE, we, th e City Council of the City of Englewood, Colorado hereby take great pride In proclaiming Eugene Otis as Englewood's Citizen of the Year for 2009 ADOPTED ANO APPROVED this 4"' day of May, 2009. James K. Woodward, Mavor Joe Jefferson, City Council Member John H. Moore, Mayor Pro Tem Bob McCaslm, City Council Member \Alayne Oakley, City Counci l Member Randy Penn, City Cou ncil Member Jill Wilson . City Council Member • • PROCLAMATION WHEREAS. the A1m:ncan Pubhc Works Association 1s sponsoring 1'ational Pub lic Works Week hascd on the theme, "Revitalize. Reinvest, Renew•·: and WHEREAS. public works services provided in our community are an integral part of our citizens' everyday lives; and \llHEREAS, in order to promote the awareness of the need for public works profession\Js and th~ contnbut10ns they make 10 our health. safety, and comfon by providing efficient street systems, public buildings and traffic movernem throughout the community. and WHEREAS, the quality and effectiveness of these facilities, and the planning, design and construction is vitally dependent upon the effons and skill of Public Works officials; and WHEREAS, to inspire excellence ond dedication in public service br recognizing outstandi,,g Pubhc Works engineers und udministra1ors and their achievements: NOW THEREFORE, I, James K. Woodward, Mayor of the City of Englewood. Colorado, herehy proclaim the week of May 17 -!3, 2009 as: l'\ATJO ,,AL PUB LI C WORKS WEEK and urge all citizens of the City of Englewood, ColoradCl to use this week to visit their local Public Works Department and better familiarize themselves with the important safety information and services provided by these public servants. Gl\'EN under my hand and seal this 4th day of May, 2009. James K. Woodward, Mayor • COUNCIL COMMUNICATION Date: Agenda Item: Subject: Ma\ 4. 2009 9 a l Uceme Agreement -City Ditch Crossing Aweement for Public Se" ice CompaO\ ior Repair on Windermere Initiated By: I Staff Source: Utilities Department Stewart H. Fonda. Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCI L ACTION A Gnni of Temporary Construction License was Issued December 16, 2006 to lacll,tate an etr..:i.1encv condui t repair, with the understanding that a licenst agreemenl \\Ould be forthcoming. RECOMMENDED ACTION The Engl ewood Water and Sewer Board, at Its March 10, 2009 meetin g. recommended Council adopt a bill for an ordinance approving the License -Cit)• Ditch Crossing Agreement to the Public Service Compan\ o( Colorado ior a conduit repair m the C11)• Ditch right-of-way on Windermere. • BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIFI ED • In December, 2008 there was a break and a resulting short in an underground electrical co nduit at approximately South Windermere and Belleview Parle. Xcel Ener8)• Se"ices. as agent for Public Servic«-Compan\ of Colorado, requested permission 10 make an emergency repau in the Cit) Ditch right-of-way. A Grant ofTemporary Construcuon license was approved by the Cit)• Attorney's office and signed by th e Utilities Director on December 16, 2008. Public Service Company of Colorad o agreed to issue a license agreement for the electrical condu it crossing under the Cit) Ditch after the project was completed The Licensee e~pressfy assumes tun and smct habilin ior an\ and all damages of every nature to person or property caused by the point or points "here the Licensee performs any work in con nec tion with the encroachment into th e City Ditch right-of-way provided by th e Licensee. The City reser\•es the righ t to make lull use of the property necessary In the opera tion of the City Di tch. including the conveyance 01 storm" ater runoff FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance ORDl1"A.'IICE NO SERIES OF 1009 BYALTHORJn' COUNCIL BILL NO. 16 ll\TRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE AUTHORIZING A "LICENSE • cm ' DITCH CROSSr.-lG AGREEMENT' TO PUBLIC SER \'ICE COMPANY OF COLORADO TO INST ALL ELECTRICAL LINES. IN CONDUIT UNDER THE cm' OF ENGLEWOOD'S RIGHT-OF -WAY FOR THE CITY DITCH BETWE~ XCEL ENERGY SERVlCES INC. AS AGEITT FOR THE PUBLIC SERVICE COMPANY OF COLORADO AND THE Cln' OF ENGLEWOOD. COLORADO. WHEREAS. the Pubhc Serv,ce Company of Colorado wishes 10 ms1all elcc111cal Imes in conduil under the Ci1y of Englewood's Rigln-of-Way for the Ci1y Ditch al 1he approx1ma1e locauon of South Windenncre and Bellcv1ew Park: and WHEREAS, the elec1rical crossing is 10 be ins1alled in underground condui1 and a1 a depth and horizontal separation 10 main tain clearance from the City Ditch pipe, ns rcqu,red by the Englewood U1ili1ies Departmcm: and WHEREAS, 1he electrical ins1alla1ion crossing is proposed at a sec1ion of1he Cn)' Di1ch localed approxima1ely al South Windermere and Belleview Park: and WHEREAS. Public Serv,ce Compan)' of Colorado assumes full and stncl liabihly for any and all damages of every na1urc 10 pcnons or property caused by or m coMCC1ion "i1h 1he crossing ins1alla1ion by Pubhc Service Company of Colorado: and WHEREAS, 1he C11y reserve., 1he nglu 10 make full use of1he propcny m the operation of the C11y Duch: and WHEREAS. 1hc Ci1v rc1ains oil righ1s 10 opcrale. mamtain, ms10II, repair, remove or reloca1e any of1he Ci1y's fociliues locnied w11hm the C11y's Righi -of-Woy: ond WHEREAS. the Englewood Waler and Sewer Board re\'icwcd and recommended Ci1y Council approval of:i1c Licensc-Ci1y Di1ch Crossing Ab'l'ccment Bl their March 10. 1009 meeting: NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS: Section I Tiic L1ccnsc.C11y Duch Crossing Agrecme111 bct"'ccn the Public Sm,cc Compan)' of Colorado and the C11~ of Englewood, Colorndo for crossing under the Cui Duch .. ,th 1ns1alla1ion of clcctncal Imes. in conduit. anached hen:10 as "fahibu I." i. herd,y accep1ed and appro"ed by the Englewood Ci1y Council. Sec1ion 2. Titc Mayor is nu1hori:r.ed to excculc and the City Clerk 10 nues1 and seal 1hc License. Cily Dilch Crossing Agrccmenl for and on behalf of the Ci1y of Enilewood. Colorado. lmroduced. read in full. and passed on first reading on 1hc 41h day of Moy. 2009. • • • • • • Publi hed as a Bill for an rdmance m the Ci1y"s official newspaper on 1hc 1h da) of May. 2009 Publi hcd u a 811! for an Ordinance on lhc Ci1y's official wcbsuc beginning on lhc 61h d:J)• of fa)•, 2009 for lhin)• (30) days James K. Woodward, Mayor ATTEST : Loucrishia A. Ellis. Cit)' Clerk I, Loucrishia A. Ellis. Ci1y Clerk of lhe City of Englewood, Colorado, hereby ccnify 1hat the above and fore~oing is a true copy of a Bill for an Ordinance, introduced. read in full , and passed on firsi reading on the 4th day of Ma)', 2009 , Loucrishia A. Ellis LICENSE· cm-T>ITCH CROSSING AGREEMEt:,"T THIS LICENSE AGREEMENT, made and entered into as of this =--,-_day of --,-,---=--=~ 2009, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein ref med to as "City", and Pu,6L{C, j O rttct: C,medt" 'l e E c,.4:&4,,.,, A C:d.o,<. ...... o Col(/Oo,c.,q-,,,.,,, he.rein referred to as "Licensee'. WITNESSETH: The City withou.t any warr81ll)' of its tlUc or Interest whal50cvcr, hereby authorizes Liccoscc, itS successor, as.signs, to install clccrrical lines, in conduit (bcrcinafler conduit) over the City's rights-of-way for the City Ditch, descn'bcd as a pan:el of land situated in the SW 11<., 01= TM 51.: l/c,, ~fSCCllon _j'._ Townsbip __ ,::,..._ ... ,S""c2e.ott ... .a::,.~_,i'{_,_ _____ Range Ci A lVL 57 of the _________________ ,P.M., County of Arapahoe, State of Colomdo descn'bed as follows: Sec Attachment A for detailed location drawings and constn1ction specifications. I. Any consll'llelion contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such consuuction shall be performed and completed according to the plans, consisting of one abeel, a copy of which is attach.ed hereto and made a pan hereof. 2. The Licensee shaU notify the City's Directo,· ofUtilitics at least three (3) days prior to the time of commencement of the co~swction of, or any repairs made to, Licensee's conduit so that the City may, in its discr:.i<>n. inspect such operations. 3. Within thirty (30) Gay, froa tl,c date of the commencement of consouction of said conduit the Licensee shall ~!etc such construction, plate and maintain pemiancnt, visible markers, of a type and at such locations as desisnated by the City's Directer ofUtilities, referring to the centerline of the installati011 nod shall clear the crossing area of aU construction debris t1nd re.tore the area 10 its previous condition as ~enr as may be reasonable. In the event the planning of the centerline IDllkm and the clearing and restoration of the crouing area is not co,npleted within the time specified, the City may complete the won.: at the sole expense of the Licensee. 4. The City shaU have the right to mainlllin, install, repair, n:move or relocate the City Ditch or any other of its facilities or installations within the City's rights-of-way, at any time and in such manner as the City deems necessruy or convenient. The City reserves the CJtclusive righl to control aU CIISl:mCllU aod installations. In the event the conduit should interfere with ooy future use of the City's rightS-of-way by the City, the Licensee shall, upon request and at itS sole expense, relocate, reammge, or remove its installations so as not lo interfere with any such use. S. Ar,y repair or replacement of any City installation made necessary, in the opinion of the City"s Director of Utilities because of the CODStruction of the conduit or other appurtenant installation thereof, shall be mode at the sole expense of the Licensee. l • • • • • 6. The sllpuluion and cond111ons oft.hi< License shall i>c lllCOlpOr:lled 11110 conll'llct SpcCliicauons if the cor sllllction bercm authorizod 1s to be done on a con!l'll~! b•s1s The nim~, and privileges granted in this Lie<:nSe shall be subjca to prior agreements, licenses and/or l,!l'al\lS, recorded or un=nled. and it shall be the Liec:nscc' s sole responsibility 10 determine the e.xisteoce of said documcnis or confiicling uses or U1$1.l)lwons. 8. Tbc Licensee shall contact and fully coopcnte with the City's personnel and the COIIS1l'IICtion shall be completed without 1D1crferencc with any lawful, usual or ordinary Oow of water through the City Ditcll. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the Ci1y's rigbts -<>f-way shall be backfilled and tamped to the onginal ground line in layers not 10 exceed six (6) inche.s loose measure 10 a completion of ninet)' ~crccnt (90%) Standard Proctor Maximum Density. 10. Licensee, by acceptance ~ftbis License, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from tho ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connecti on with the crossing provided by this License. The Licensee asswnes all responsibili ty for mainlenan~e oi the Licensee's installatbn. 11. Licensee shall indemnify and save bsnnless the C:ty, its officers and =;,loyccs, apinst any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said conduit being witiun and across and under th e premises of the City orby reason of any wori: done or omission made b)' Licensee, its agents or employees, in connection with th~ constrUction. replacement. maintenance or repair of said umall31ion. It is expressly agned that in case of Licensee's breach of any of the within promises, the City may, at its option. ha,•e specific perfonnaru:c therco( or sue for damages resulung irom such breach. 13. Upon abandonment of any righl or pri-11lege herein gJllllted, the right of 1.iccnscc 10 that exreru shall tcnmnate, but its obligation to indemnify and save harmless the City, its oflicc=s and ~loyces, shall not tcnninate in any r:venL 14. Thr .llldersillllcd represents that he is an authorit.ed officer of Licensee and has authority to Oilier into this Agreement on bcha'I; of Licensee and that Licensee will accept and abide by ll!I the terms and conditions hereof. 2 lo granting the above authorization, the City resen'CS the right 10 make full use of the propeny involved as may be ncccss.ary or con,·cnient in the operation oi the water worl:s plam and system under the con110l oftbc City. IN WITNESS WHEREOF, this instrument has been executed as oflheday and year 6nt abo\'C 1l'TIIICD. ATTEST· Loucrisbia A. Ellis, City Clerk CITY OF ENGLEWOOD By--:---:c-=c----,-----:----:-=---James IC. Woodward, Mayor UCEN~- By: • A-tf ~ Tille: As Agent or Public Ser.ice • Company of Colorado • Xcel Energy Ser.ices Inc. Regional Vice Pmident, STATE.OP COLORADO COUNTY OF ARAPAHOE ss. CUstomcr and Community Ser.ice Department Address: 1225 17" Street Denver, CO 80202-5533 Phone: 303 882-8946 The fr· 0 -,u,g License-City Ditch Crossing Agreement was acknowledged before me this ~ day of (t:P H '= , 2009 by Riley Hill, as Agcot for Public Service Company of Colorado Xcel Energy Sel"\iccs Inc., Regional Vice President, Customer and Community Servcice Dep lly Canmillall Elpli 1112912010 3 • • • • Exhibit A Page 1 of 3 LEGAL DESCRIPTION A Strip of Lond Crossing the City Ditch being situated in the S.W.1 / 4 of the S.E. 1 /~ of Section 9, T.5S., R.68W., of the st► P.M., City of Englewood, County of Arapahoe, Stole of Colored sold Strip being described as follows: Commencing at the S.1/4 Comer of said Section 9, from whence the C.S.1/16 Comer of said Section 9 Bears on a State Plane Bearing of N0O'0S'J0"E o ground distance of 1317.59 feet; Thence N03'36'55"E o distance of 743.96 feet to the Apparent Southerly R.O.W. Line of the said City Oitch ond the Point of Beginning; Thence over, under and across said City Ditch and along the Centerline of sold Strip of Land the following four ( 4) Courses: 1.) NOB' 40' 40"W a distance of 24.08 feet ; 2.) N04'50'47''W a distance of 29.87 feet; 3.) N04'34'48"W o distance of 28.44 feet; 4.) N00'33'51 •w o distance of 40.7.2 feet to the Apparent Northerly R.O.W. Line of the said City Ditch and the Point of Terminus. RUSSELL SURVEYING How Cun Will !'ruw l Charle, H. RuHoll, PLS P.O. Bo, 1403 Poon lo, CO 81428 970 527-5404 -.11ot,W.O,.,ON.11:)U ....... IIPCl'N~EIPOIPnlll-AIIIICl'~,.._C'N.• .., ... .,..., • .....,.1M1-_,.11C11L•~1CUa....,.. ... ...,. • ._,, .._.... ......... ......,___. __ ......... ~-a.aCICiallDli,e~ 'l!Ollri.al ___.ll#lMll.lQDIMaWC.Wlatn••._,--'IIIIM.,,.,11111""' ...,..._tlJOllllfect•IOl'lllftlMJW,CIDIIAatUl'lllilltlUtCl'lfM...._,.__..., ---~L'WalJlol&o1'C,H.~-,c-,ii Public Service Company Cro111nj the Clty Dltch S. W. 1 / 4 of !ho S".E.1/ 4 of Section g T.5S., R.68W., 6th Pt.4 ~• ...... r I / 1 l : ; I i ~+20.2 .ft ,,.l / ,,/ iJ • I : ~II~ : ·'/~ / / / I" I : § i j / / II / 1/ I : t'I ~ I "1/ / If'/ ' I • I : h : / / ,f/ i /J 1 : 111 : ' 'I //! 1 /_l : l 1 :,3/ /J// /I I I I ' I / / / 1_J I ! i V ,//,/ ;l I I I P.O.T. I ' / .' I I I 2+10.8 I / I / I r=~:=--, --ll'51'W 40.72' I / I I I I I I I, / / I : I / : / / NIM'34'◄!'W 21.+◄' ~ / -- 1 -,--,-------:--7 I : 1 : • PSCO CROSSING 1 1 1;' --,,__4 13Kv UG POWERUNE -I : I _J,/,, BORED UNDER DITCH N0,·00·◄1 -w 1U7' ~ /J.' IN 6" PE DUCT I I I h I I I ,/ '/ -<O'◄O'W 2♦.0e'1H-t11 I' ' I 'I ' ,~ I I I // I ', ,, , : '!. ,,___ .r / : : I : (14 ri . ro~-• ,,/ o· ,o· ~o· S'41!1: r • 4 0' I : I 'l:;6 / ,,/ I E g."f ,/ : t 1: ~/ 1/ I , {1 I ~ : :1 l Jt 11: I I 11 I I I I t: : I 1 , i I ff ! I I I !( 'I I : I i I I I I s.,,,'c:.... : I -· o.oc>.O Continuatic,n of Exhibit A Page 2 of 3 ~ .. ~ !: I!: i ~ i , I~ :~ I I o,oo , ~ I ~ ~ tl OH O ~~ k /., (I_ ---i ',;;...,. ~.:u;;: ,-=-""'-.. -<-----I I I 100 .'/) Cf!Y 0ITCli COHOIMI /l J.6' X S.5' CONCRETE ARCH PIPE 9'± i I / l+IO ~ II I I ,/ ,~ -Ap,ww1t ~ 11.0,W, Un• ol lt'I• °'1 ~ -----~-~ ----'---, I s I / 2+<0 I ( // & I ~ ~~ \ I 2♦IO ~ I b H :1" I "U «) ;:,-;:i I :<:'=~ 'ti .... ~ Co O' ~ I --'.'J ~ ........ I l<20 : •f;; "'%j 0 ........ ~ I k 0 I 1av, ..... ~ ~ _,..,.n &; Co ·qf! 0 r,, ....... l+IO ~ .. i ~ !l i: ~ i ~ RUSSEU. SURVEYING Public Service Com~11.ny Cro111lng the City Ditch JIGu, Cun t'iU ftnlwl. S.W.1/◄ of • S.E.1/◄ or Soctlon II Cllo~o■ H. Ru11ell, PLS T.5S., R.68W .. 8th Pi,t P.O. Box 1403 City of EnQlowood , Aropohoo County, Colorado Poonlo, CO 8 1 ◄28 IOHo"~ co.lffi!.'e m t.1PANY L,.~;/';:.~.,IM -l,Lno ln,s'iiiiFh ~ ' (970) 527-5◄0 ◄ • • • COUNCIL COMMUNICATIO N Dale: Agenda Item : Subject: May 4. 2009 9 a II Automatic I Mutual Aid Agreement \\'ilh Sheridan Fire In itiated By: I Staff Sou rce: Fire Depar1ment Michael Pauarozz,. Fire Chie1 COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION In 1990, Council apprO\ ed an o,dinance authorizing the 1mpleme01at1on oi an automauc imutual aid agreement with the City 01 Shendan. In :!OOi, Council appro, ed an o,dinance modifying the agreement. RECOMMENDED ACTION Staff ieek$ Coun~il's approval o( a bill for ijn ordl n~n,e of the upda ted and revise(! automalic lmutual aid agreement betw een the cities of Englewood and Sheridan BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The successful mitigation ol emergency operdt1ons Is dependent upon the rapid deployment of adequate resources. Automauc/mutual aid augments cit) resources by the coordinated u11liza11on o( the resources of neighboring communities This agreement will provide for the initial response of the closest basic life suppor1 personnel to ml!dical emergencies in the deuned areas of Englewood and Sheridan regardless of junsdlction. FINANCIAL IMPACT None LIST OF ATTACHMENTS 81II for an O rdinance ORDINANCE XO. SERIES OF 2009 B\' AL71lORITY COUNC1L BILL NO. 17 INTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL AID,AIITOMATIC AID AGREEMENT (FIRE)-2009. BETWEEN THE CITY OF SHERIDAN AND THE cm· OF ENGLEWOOD. COLORADO. \l'HEREAS. Englewood IS a home rule municipal corpora1ion 0ll!llllizcd and ex1st1nj! pwsuanl 10 An1cle XX oflhc Colorado Consmuuon. us Ouutcr and us Ordmances: and WHEREAS. Englewood 's 1erruorial Jurudic1ion. 1s in general. the legal boundary of the Ci1y of Englewood. Colorado: and WHEREAS. Sheridan is a home rule municipal corpora1ion organized nnd exis1mg pursuam 10 Article XX of1hc Colorado Cons1i1u1ion. hs Chancr and Ordinances: und WHEREAS. each of1he panics herc10 maimains emergency cquipmem: and WHEREAS. emergencies may arise tn one or the other of 1hc jurisdic1ions resuhing in grealcr • demands than 1ha1 Jurisdicuon can handle. or emergencies of such m1ens11y may occur tha1 thC)• • canno1 be handled solely by the equ1pmen1 of the Jurisdiction of wluch the cmcq?COC)' occurs: and WHEREAS. i1 is in 1he intcn:st of each oflhe panics that thC)• may have smice from lhe other pany 10 aid and assisl 1hcm for the purpose of fi¢iting fires or rcspond111j! to other emergencies: and WHEREAS. the Englewood Ci1y Council approved en1ering a Mu1ual Aid/Automatic Aid Agreemen1 wi1h the passage or Ordinance No. 31. Series 2007; and WHEREAS. 1he passage oflhi• Ordinance revises and updnics 1hc 2007 Mu1unl Aid/Au1oma1ic Aid A!!J'eemcnl be1wcen Sheridan and Englewood: NOW, THEREFORE. BE rr (''~AJNED BY THE Cln' COUNCIL OF THE CITY OF ENGLEWOOD. COLOR,..)( AS FOLLOWS: ~ Cit>· Cllunc1I o r Englewood. Colorado. hereb)' approves the ln1ergovemmcn1al Agrecmen1 for Mu,ua, "'1d/Au1om..11 : Aid A~enl (Fire) 2009 Bet"een the Cuy of Shendan nnd 1he Cuy of En~lewood r ,,Jorndo. a copy of wtueh is anached hereto ns Exhibu A Section 2. The Maye~ :s hereby authorized 10 sign and lhe Cily Cieri: 10 a11es1 said Mu1ual Aid/Au1omatic Aid Agrccmcnl (Fire) 2009 for and on behalf of1he Ci1y of Englewood . lniroduced, read in full, and passed on firs1 reading on 1he 41h day of May, 2009, Published as a Bill for an Ordinance in 1hc City ·s official newspnpcr on 1hc 8"' day of May. 2009. • • • • Puhhshcd ns a Bill for an Ord11u111ce on the C'II) ', oflic11,I II ch,110 hc~111n111f on th,• ti'' da) of May, 2009 for thi ny (30) days . ATTEST Loucrishia A. Ell is. City Clerk I. Loucrishia A. EU is, City Clerk of the City of Englewood. Colnrndo. hereby ccn1fy that the above and foregoing is a true cop)' of a Bill for an Ordinance. introduced. read ,n full. and passed on first reading on the 4th day of May. 2009. Loucnsh1a A. Eilts MUTUAL AID/AUTO MATIC AID AGREEMENT (FIRE) -1009 TIUS AGREE.MENl , made by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter called "Englewood;' and the CITY OF SHERIDAN, COLORADO, a municipal corporation, hereinafter called "Sheridan." WITNESSETH WHEREAS, Englewood is a municipal corporation organized and existing pursuant 10 Aniclc XX of the Colorado Constirution, its Charter, its Ordinances; its territorial jurisdiction generally is the legal boundaries oflhe City of Englewood, Colorado, and WHEREAS, Sheridan is a municipal corporation organiud and existing pumiant to Article XX of the Colorado Constitution, its Cbaner, and Ordinan.ces; its territorial jurisdiction generally is the legal boundaries of the City of Sheridan, Colorado, and WHEREAS, each of the parti es hereto maintain emergency equipment; and WHEREAS, emergencies may arise in one or the other of the jurisdictions of the parties, resulting in greater demands than the manpower and equipment of the pany can handle; or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdiction the emergency occurs; and WHEREAS, it is the desire of the citiuns of the City of Englewood, as expressed through the Fire Services Delivery Committee, to enter into agr=nents enhancing the delivery of emergency services to the City and its environs, and WHEREAS, it is to the interest of each of the parties th8I they may have service of and from the other pany to aid and assist lhem in the purpose of fighting fires or responding to other emergencies; NO W, TIIEREFORE, lT IS MUTUALLY AGREED by and between the parties as follo ws: ]. MUTUALAID : 1. For and in consideration of the promises of Sheridan, hereinafter set forth, Englewood agrees with Sheridan that in the event there are emergencies in the territory served by Sheridan which are beyond the control of the fire department of Sheridan. whether because of use of their equipment at other places or because oflhc intensity of the emergency, or otherwise, Englewood agrees, subjecl to the limitation hereinafter set forth, to aid and assist Sheridan by causing and permitting its fire department and its equipment to be used in responding to emergencies in the territorial area of Sheridan, and the need fo r such aid and assistance shall be determined by the fire depamnent ofSheridar1, subject, however, to the following limitations: • • • • • Engle"ood shall be excused from making its rquipmcnt and services available to Sheridan in the e,·ent of the need of the emergency equipment and the manpower within the territorial area of Englewood, or their prior use at any place. which decision of availability shall be made b:· the fire deparuncnt of Englewood. and ·.:hich decision shall be conclusi ve. 2. For and in consideration of the promises of Englewood, hereinolier set fonh, Sheridan agrees with Englewood that in the event there are fires or other emergencies in the territory served by Englewo.,d which are beyond the control of the fire department of Englewood, whether because of use of their equipment at other places or because of the intcnsiry of the emergency , or otherwise, Sheridan agrees, subject to the limitation hereinafter set fonh , 10 aid and assist Englewood by causing and permitting Sheridan equipment to be used in responding to emergencies in the territorial area of Englewood, and the need for such aid and assistance shall be determined b~• the fire dhision of Eng.lewood , subject, however. to the following limitation: Sbe.ridan shall be excused from making its equipment or service avaiJable 10 Engle•· ; J in the event of the need of lhe emergency equipment or need of lhe manpower withi,, r:.t territorial ami of Sbmdan, or thcir prior use at any place, which decision of availability shalt bl' made by lhe fire deptlr1ment of Sheridan, and which decision shall be conclusive. 3. The services rendered by one party to the other arc of equal value 10 the scT\iccs rendered by the other party, and !here shall be no charges made by one pany for the scT\iccs rendered to the other pany, except that in lhe event of equipment damage by reason of the action of employees of the other party, the liability and lo.s shall be determined on the basis of the fault or negligence of such employee. If the employee is determined 10 be at fault or negligent the pany employing that employee shall be liable for the loss. 4. Each party shall be expected to maintain its equipment and organize its emergency response with both manpower and equipment \o the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the pany is organized. Neither party shall expect the other to respond to emergency calls where the emergency arises due to a failure to organize available manpower or maintain equipment in proper working order and in sufficient quantity 10 meet the respecti ve demands of the persons and property within each of the partie.s · r"•pcctivc jurisdictions. AUTOMATIC AJD : City of Sheridan h is understood and agreed that Englewood will respond with the appropriate apparatus into Sheridan as pan of the initial response through automatic dispatching by disputch personnel into the below-defined areas. FIRE RESPONSE DEFINED AREA: The entire City of Sheridan. 2 The au1oma 1ic aid response into Sheridan for fire calls \\ill consist of a minimum thr~-• person company. unless all Engle wood lire companies are previousl y committed 10 other incidents. If such is the case. Englewood will immediately no1ify Sheridan"s dispatch center of its inability 10 respond, and "~II make every effort to send a company to Sheridan as soon as possible. EMERGENCY MEDICAL RESPONSE DEFINED AREA: The area bordered by U.S. Highway 285 on the south, and the boundaries of the City of Sheridan on the east, north and west. The automatic aid response into Sheridan for emergency medi cal service calls w 11 consist of a :ninimum three person company, unless all Englewood companies arc previous,) co mmitted 10 other incidents. If such is the case, Englewood \\ill immediately nc,ify Sheridan '~ dispatch center of its inability to respond, and will make every effort to send a company to Sheridan as soon as possible. Englewood 's primary apparatus for emergency medical response into Sheridan shal l be Squad 22. City of Englewood It is understood and agreed that Sheridan will respond with the appropriate personnel and • apparatus into Englewood'~ .esponS< area as part of the initial response through automatic dispatching by dispatch personnel . FJRE RESPONSE DEFINED AREA : The area limited to, but genenilly including all areas between Broadway and the western boundary of the City, and between West Tufts and the northern boundary of the City. Automatic aid response into Englewood for fire calls will consist of a minimum ~ person company, unless that initial response is previousl y committed 10 another incident. lf such is the case, Sheridan will immediately notify Englewood's dispatch center of the inability to respond, and will make every effort to send a company to Englewood as soon as possi ble . !iliERGENCY MEDICAL RESPONSE DEFINED AREA: The area limited to, but generally bordered by •1,c Platte River on Iii< cast, and the boundaries of the City of Englewood on the south. west. and south of Oxford Avenue. Automatic aid response into Englewood will consist of a mm1mum three person company. unless that fire company is previously commined to another incident. In this instance. • • • • Sheridan will immediately notify Englewood· s dispatch center of the inobil ity 10 respond. and will make every effort ,o send a compan )' 10 Englewood as soon as possible . Ill. 9THER PROVISIONS: I. Either party hereto moy terminate this contract "1thou1 cause upon thirty (30) days prior written notice 10 the other. 2. This Agreement shall be administert'd pumiant 10 such v~inen agreements as the Fire Chiefs of each party dorm appropriate. 3. It is undemood and agreed that this Agreement provides for lhe joint exercise by the parties of the function or service provided herein, but docs not establish a separate legal entity to do so, nor shall any party be dt.emcd an agent of any olher party for any purpose whatsoever . This Agreement shall provide only for sharing of in-kind services and costs by the parties toward the establishment of a common murual goal. 4. It is understood and agreed that each party 's performance herewider shall be subject to the annual appropriation of funds by its City Council. 5. Each party shall, at all times, be responsible for its o= costs incurred in 1.1e performance of this Agreement, a.. , shall not rece.ive any reimbursement from any other party, except for third party reimbursement under the following paragraph ( 4 ), time to time, and as otherwise availeble at law. 6. Each party agrees that, for w:h call occwring within its jurisdiction, for which it bas requested or received murual or a1110.matic aid, it will reasonably pursue any and all legal reimbursement possible, punuant to state or federal laws, including bUI not limited 10 reimbursement for hazardous materials incidents, occurring within its jurisdiction, on behalf of all parties responding and, upon full or partial payment by the responsible entity, will distribute the reimbursement received in a fair and equitable manner to assisting parties based on their relative documented expenses for the involved accident. 7. Nothing contained in this Agreement, and no performance under this Agreement by personnel of the parties hereto shall in any respect alter or modify the status of officers, agents, or el'lployees of the respective parties for purposes of workers' compensation or their benefits or entitlements, pension, levels or types of training, internal discipline, certification, or ranlc procedures, methods, or categories, or for any purpose, or condition or requirement of employment. Workers' Compensation coverage shall be as structured in C.R.S. Section 29-5- 109. 8. It i• 1:nderstood and agreed by the parties hereto that if any part, term or provision of this Agreement is, by the courts, held to be illegal or in conflict with any law of lhe State of Colorado, the validity of the refflllining portions or provisions shall n01 !.-e affected, and the rights and obligations (lfthe parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 4 9. Each and every tcnn, provision. or condition herein is subject 10 and shall be • construed in accordance with the provisions of Colorado law, the Chaners of the parties and the ordinances and regulations enacted pursuant thereto. JO. This Agreement shall be binding upon the successors and assigns of each of the parties hereto. except that no party may assign any of its rights or obligations hereunder. without the prior wrinen consent of all of the parties. I I. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating 10 such enforcement, shall be strictly reserved to the named parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity on such Agreement. It is the express intention of the named parties that any person or entity other than the named parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 12. Any party hereto may terminate its participation in this Agreement with or without cause upon thirty (30) days prior written notice lo each of the other parties. CITY OF SHERIDAN By:--------- Mary L. Carter, Mayor ATIET: By:...,....,--::----,,,--=-.,.--- Arlene Sagec, City Clerk APPROVED AS TO CONTENT: By: ________ _ Ron Carter, Fire Chief APPROVED AS TO FORM By:---,,,---------- William P. Hayashi, City Anomey CITY OF ENGLrwooo By:_ -----.------James K, Woodwa rd, Mayor AlTEST: By: ________ _ Loucrishia A. Ellis, City Clerk APPROVED AS TO CONTENT: By'-----,----,--- Michael . ,narozzi, Fire Chief • • Blue = Englewood response Into Sheridan, EMS calls. Red = Sheridan response Into Enalewood, EMS calls . 8lue = Englewood response Into Sherldal" Fire calls . Red = Sheridan response Into Englewood , Fire calls . • • • • 0\' ACTIIORm· ORDINANCE NO. SERIES OF 2()()() COU!\CIL BILL NO 11 ll\TRODUCED B\' COU!sCIL MEMBER MOORE AN ORD IMNCE AMEND11'G Tlll.E 5. CllAJ'TER 15. SECTION 4. SUBSECTIO:-1 G. PARA GRAPH l l. PERTAINING TO PA \\'NSHOP LICENSE FEES AND CHAPTER t 6. SECTION~. SUBSECTION G. PARAGRAPH 10. PERTAINING TO AlITOMOBILE PAWNBROKERS LI CEN SE FEES; OF THE ENGLL'WOOD MUNIClPAL CODE 2000. WHEREAS. the State of Colorado ltjJJsla1ure passed Senate B,11 04-109 m 2004. which unpcsed restrictions<>" fees charged 10 pawnbrokers: and WHEREAS. this legislation has ca used confusi on regarding City ordinances pertaini ng 10 Pawnshop and Automobile Pawnbrokers License Fees: and WHEREAS. 1he passage of this Ordinance is necessary 10 clanf) the City's purpose for imposing Pawnshop and Au1omobilc Pawnbrok<"l's License Fees: NOW, THEREFORE. BE IT ORDAINED BY TH E c m · COUNCIL OF TII E CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS: SruilmJ.. The City Council of the City of Englewood. Co lorn do hereb)• outhonzes amendtn~ Title S. Chapter 15, Sectton 4. Subsection G. Paro[?lllph I I. "Pawnbrokers and Secondhand Dealers -Special Conditions and Restrictions of the L,censc", of the Englewood Mwucipal Code :!000. to read as follows: S-1 5: Pawnbrokers and Seco ndhand Dealers. S-15-4: S~cill Condltloas and Rtstrktio os of tb t Llctnse. G. Required Acrs 11 . Every pawnbroker shall pay 1<!-1~ a fee for every transaction form submmcd to the cu ,. This res i5 ,moosed 10 omu lbs cost of admmiSJmos 1h1§ ~ This fee shall be dctcmuncd by the Ct1) and set b) resoluuon. ~. The C11y Counci l of 1he City of Englewood. Colorodo hereby authorizes amending Tille 5. Chapter 16. Secuon 4. Subsection G. Para~ph 10. "Automobile Pa"''flbrokcrs -Special Conchuons and Rcstncl1ons oft~ License". ~fthe Enplcwood Muo1c1pal Code 2000. to read ll.'> follows : 9 b I ~ 16: Automobile P•" nbrokcr~. S•I 6-4: Spcd•I Condi1ions a nd Rr<lrirl ion, of lltc U censc. G. R<'qwred Act.,: I 0. faery au1omohile pawnbroker s hall pa y ~ a fee for every transac1ion fom, syhQ)itled IQ th~ City. nuu« I§ IIIIPQSN IQ oil'sel.ll), COSI gfadmm1?1eom; !hi' l!CSWiC· This fee shall he detenninCI! or the Ctty and se1 b~ resolution. ~ Safetv Clauses. TIie CII)" Council hercb~· finds. determmcs. and declan:s 1h011his OrdlllllllCc 1s promul!!alcd under 1hc general pohcc power of lhe Cny of EnglCIA ood. that u ,s promul1?3lcd for the health. safety. and welfare of the public. and thal this Ordinance is neccssat) for the preservation of health and safety a11d for the pro1ecuon of public con,·•mencc and welfnr<. The City Council further detemtincs thal lhe Ordinance bears a rational rclauon to the proper lcg1slativc object sough1 10 be obta mc:d ~ Severabiluy. If any c lause. scn1cncc. paragraph. or pnn of this Ordinn ncc or the application thereof 10 any person or cm:umstonccs shall for any reason be adjudged by a coun of compe1en1 Jurisdiction in,·alid. such JudiJ111rn1 shal l not affect. impair or invalidate the rema inder of this Ordinance or u application to olhCI' pen, ,,s or circumstances • ~ lnconsis1cn1 Ordjnanccs All other Ordmances or pon1ons ,hereof mconsistcn1 or • con0ict1ng wilh this Ordinance or any ponion hereof arc hereby repealed 10 the CJ<lctlt or such mcons1stcncy or confliCL ~ ~ TIie repeal or modilica11on of an) pro<\Slon or the Code or the City of 1:nglcwood by 1h11, Ordinance sh.111 nol release. ex1in!lllish. ohcr. modify. or change in whole or m pan on)' penal!), forfeiture. or liabilil). either Cl\ 11 or crinunnl. which shall ha\'e been incurred under such provision. and each pr0\ss1on shall be lrtal(.'CI nnd held as still remaining in force for 1he purposes of sustaining any and all proper nc1ions. suhs, prn<:ccdmgs, and prosecutions for 1he enforcemen t of the penalty, forfci1urc, or liabil1ty. a~ well a, for 1hc purpose or sustaining nny jud~mcm. decree. or order which can or ma y he rendered, entered. or made in .such ac1ions. su11s, pr,-.cccd1ngs. or prosecutions. Sc:c11nn 7 Pcnah,. The Penalty Pro,·1s1on nfScc11on l-4-1 EMC shall apply 10 each and c,·c1} , 1ola11on ofllus Ordinance. ln1roduced. read m full. and pass..-d on first readmg on the ~l~h da) or Apnl. ~OM f>uhhshed ns a Bill for nn OrJmancc ,n 1hc Cit)·~ official """'spape1 "" the ~-Ith da) nf Apnl. ~(Kl'I. :: • • • • Published as a Bill for an Ordinance on the Cuy·s official website bcglnmn~ on the 11• day of Apnl. 2009 for tluny (30} days Read b) tnle and passed on final read mg on the 4th day of Ma!. 21l09. Pubhshcd b)• 111!0 in the Cuy"s official ncv.spaJl'"f as Ordinance No._. Series of 2009. on the 8th day of May, 2009. James K. Woodward. Mayor .4TTEST: Loucrishia A. Ellis, Ciry Clerk l, l.(>ucrishia A. Ellis. Chy Clerk of1hc Cily of Englewood. Colorado. hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading lllld published by title as Ordinance No ._, Series of 2009 . Loucrishia A. Ellis 3 • • • ORDINANCE NO. SERIES OF 2009 B\' AL 'TIIORllT COU:SCIL BILL NO. D IKfRODUCED B\' COUNC IL MEMBER OAKLEY AN ORDINANCE Al.iTHORIZlNG AN INTERGOVERJ\'MTh'T AL AGREEMEITT ENTITLED .. COLORADO BROWNFIELDS REVOL YING LOAN FUND MEMORANDUM OF AGREEMENT AMENDMENT 3" PERTAINING TO THE COLORADO BROWNFIELDS CLEANUP REVOLVING LOAN FUND BET\VEE1' THE CITY OF ENGLEWOOD.THE cm· AND COUNTY OF DENVER. COMMERCE Cm', THE cm· OF LAKEWOOD. THE cm· OF LOVl:.1.AND. TIIE CITY OF WESTMINSTER AND EL PASO COUNTY COLORADO AS WELL AS THE COLORADO HOUSING AND FINANCE AL'TIIORm' AND THE COLORADO DEP ARTMEl'<'T OF PUBLIC HEAL TH AND ENVIRONMENT. WHEREAS, the Colorado Bro11'!llields Cleanup Revolving Loan Fund 11·as established to facilitate the reuse andtor redevelopment of contaminated sites by making low cost funding available for fmancing environmental cleanups through grants from the Environmental Protection Agency: and WHEREAS, Englewood is represented in a coalition ofFront Range communities. which was established to finance environmental cleanups along the Colorado Front Range witlun the seven local governments as well as the State overall; and WHEREAS. this coalition is comprised of pantctpants from City of Englewood. Commerce Ctty. Lakewood. Loveland. Wcstmmster, El PaJO County. the Colorado Housing and Finance Authonty. the Colorado Dcpanment of Health and Environmeru and the Ctty and County of Denver: and WHEREAS. the Colorado Brownlields Cleanup Revolving Loan Fund presents an opportumt) for the Englewood busmess community by providing financing for environmental cleanup activities; and WHEREAS. the City Council of the City of Englewood authorized the City 10 enter into an IGA which established the Colorado Brownfields Cleanup Revolving Loan Fund with the passage of Ord,nance Number 31. Series of 2000: and WHEREAS. over the past 10 years. the Colorado Br01mfields Cleanup Revolv,np Lonn Fund has been onr of the most successful and accomplished Bnll>'!lftelds Rcvol11ng Loan Funds in the nauon: and WHEREAS. the program ,.,11 be adm1111S1crcd b~ the Colorado Housinp and Finance Authont) at no direct cost 10 the Cuy of Enp.lcwooJ: and WHEREAS. Englewood 1s eligible for SS00.000 in Brownlields Cleanup Rcvoh1ng Loan Funds which strengthens Englewood's abilil)' 10 redevelop sues requinng env1ronmcn1al clean-up: and 9bu \\'HEREAS. the passage of tlus ord1non.:c authon,ci. Enl,!kwood u, clller mu, the Memorandum of Agrccmc11110 continue Englewood's panicipauon III the Colorndo Brownficlds Cleanup • Revolvinp Loan Fund through June 30. 2012: NOW. THEREFORE. BE IT ORDAINED BY lllE cm· COUNCIL OF rnE cm· OF ENGLEWOOD. COLORADO. AS FOLLOWS : ~. The .. Colorado Bro"11ficlds Revoh1ny Loan Fund Memorandum of Agreement Amcrulmcnt 3 .. attached hcrc10 as •r , i•bn A." 1s herch>· accepted and approved by the Englewood C11yCounc1l. ~. The Mayor,. authori..:~ 10 cxecu1e and the Ci1y Clerk 10 auest and ,cal the .. Colorado Brownliclds Revoh~nr u•an. und Memorandum of Agrccmem Amendment 3 .. for and on behalf of the Cn) <'' Englewood. (\ilorado. Introduced. read m full. and passc ; firsi rcadmp on the 20th day of April. 2009. Published as a Bill for an 01c nnncc ,,. the City's official newspaper on the 24'" day of April. 2009. Published as a Bill for an Ord:•1pncc on the City's official website beginning on the 22nd da y of April, 2009 for thiny (30) d•ys. Read b)• utlc and .,_ssc;1 on final rcac!ing on the 4th day o f May. 2009. Published by tit le m the City·s officia l newspaper as Ordinance No._. Series of 2009, on • 1he 8th day of May. 2009 . James K. Woodward, Mayor ATTEST: Loucnshia A Elh s. Cn ) Clerk I. Loucrishia A. Ellis. Cny Clrn. of the Cny of Englewood. Colorado. hcrcb) ccn1fy that the above and forego mg 1s a true copy of the Ordmnnce passed on finol read mg and pubhshcd by 1i1lc as Ordinance No._. Series of 2009 . Loucrishia A. Elhs • • • • COLORADO BROWNFICLU REYO L\.Ll'\G LOA~ Fl''\0 MEMORANDl"M OF AGRtEMCNT Amendment 3 In troduction Purpose The purpose of the Colorado Brownfields Revolving Loan Fund (CBRLF) as represented r its Board of Directors (the Board) is to facilitate !he reuse and/or redevelopment of conwrunPd ,ites by making low cost funding available for financing environmental clellllupS. The funl'IS for this endeavor is through grants from the Environmcnl.lll Pro1.CCtion Agency. Brownfields are defined as abandoned, idled, or under-utili7.Cd indusuial and commercial facilities where expansion or redevelopment is complicated by real or perceived cnvirorurtntal contamination. A major barrier 10 redevelopi ng Brownfields sites in Colorado is lhai contaminated sites face not only the environmental challenge of cleanup, but also margin l economic potential. In the Colorado real estate market, properties arc bcinp, ~v1>ided becase of liabilit)' and cleanup cost concerns . inc Cities of Commerce City, Englewood. Lal,ewood. Loveland. Denver, and Wesuninst", El Paso County, the Colorado Housing and Finance Aulhonty (CHF AJ, and the Colorado Depanment of Public Health and En, ,ron.'llenl (CDPHE) have agreed to cooperate and toc~..ate the Colorado Brownfields Revolvm!!. Loan Fund The focus of this fund :s 1c1 finance en,ironmcntal cleanups along the 6,torado Front Range wnhin the sever, local 1tovcrnmdlts as well l1S the St.ale overall. Each of the local governments was eligible for, applied for and••as awarded by EPA, brownfield cleanup revolving loan funds. In order 10 consolidate the administrative requiremen:s and to pool the available revolv ing loan funds, the CDPHE repared a coordinated application to the EPA for fun di ng the CBRLF . The CDPHE has also beer awarded brownfields cleanup revolving loa11 funds that make the CBRLF available slate,•ide. The participating local governments have a "Right ofFirst Use" for the funds identifi ed n the a11ached budget (see Exhibit I) for use in their political jurisdictions. Upon completion If the work plan in the EPA Grant and upon closeout of the Cooperative Al,',l'CCmcnl, the coali ton intends 10 continue operation of the loan fund . New members may be added in the fu11rc by submitting a request for memherslup and sisning an updated agreement that oblignlCS tlt new members to a three year membership under the terms and conditions contained in this Memorandum of Agreement (MOA). ln general, CHF A and the other participants will be responsible for ou=ch and markcung the CBRLF. CHF A w,11 provide financial expertise for reviewing applications to the Fund, the CDPHE will provide the technical knowledge needed to insure successful environmental cleanups; and local governments will r:vicw the application s for consistency with local planning and development plans. Thi~ an"dngemem is shown grnphicallv Ol\ Exhiliit 2. Tnc CBR!..F is cnv!Slonec to ~ & so ure: of capital for cleanup o:·bo1l: public!) and or pr,vately • heid prope:1y. Due ;o statUl01')' lumtations , CHFA wil: se:ve as Lie fiscal ageni for the CDPHE, ope::iu:ig and servicing Joan agreements. Repaymen: of funds including any imeres1 and principal will ~ to the CBRLF through CHF A Duration Tnis document be::omcs effccuve upon signature by the nine (9) entiues below. It will automariCllily terminate on June 30. 201:!.. lt can be e>.1.."!lded in three (3) year periods I>) mutual agreement of the signing parties, and can be terminated at any time with 30 days written notice. The panicipating loClli governments agree 10 appoint a person to the Bonrd of Director through June 30, 2012, In April 2012, the Board shall review this MOA and make changes as necessary, and the panicipating local governments can reassure their desire to participate. iis agreement may be amended as needed by a unanimous decision of the Board of Directors. BOARD OF DIRECTORS Organization The CBRLF will be administered through a Board of Directors as its organiz.at:01>:L entity, with members chosen from each of the panicipating cities and counties, CHF A, and CDP HE. The Board will meet 10 discuss issues and make decisions regarding the use of the Fund. This MOA prescribes operating guideline. for the Board of Direct:>rs. Ro les and Res ponsibilities The Board of Directors may provide assistance with financial and env1ronm:n!Ai issuo.s irnpacung the sale, use, reuse. and/or redevelopment of both publicly and privately held propcny wilhin the area where the Fund is administered. Tne municipal/count)' Board memb-.rs arc responsible for. (l ) ensuring that projects fu."Kied under this program areconsmcnt with their respective development plans/goals and (2 ) providing ioan fund policy direction 10 CHF A and CDPHE. The Board of Directors has the ultimate rcsponsibilit)· for approving or denying applications for fun<li ng 10 the CBRLF. The CDPHE, acting as the "Lead Agency" under EPA grants BL988116-0 1, RP9889Q701, and BF98899601, must assure that the Board actions w-e in accordance with the terms of the cooperative agreements. The Board must not spend funds cxcer,t for their intended use as defintd in the cooperative agreements lllld the EPA Brown fields Cleanup Revolving Lonn Fun~ Administrative Manual (OSWER. EPA 500-8-98.001. May I QQ&) locnted via Internet at www.epa.gov/Browniields. • • • Urownficlch Rr,~rd \1cmhcr, • • \1err.hers TnL &lfrl o: ::>1~c1on shali t,~ ::ompmd of one m:mbcr eacr fro:n. Cny and Count) c,f Denve:. Lakewood, Loveland. Commerce Cny, Englewc,od, Wesimmster, El Paso County. CHFA and CfWHE. Each member must he authoriud in wriun~ to panicipntc on the Board and mu.~ have :he ou:ho:.:y 10 make financial dec1sioM regardm{! the use of these grant funds for his or her or£aniznnor.. Chajr. The Board shall select a Chair who shall preside over all Board meetings. The Chair shell, in consulllltion with other members of the Boan!, prepare agendas and flcililllte Board meetings. The Chall' may designate a member of the Board to assume the duties of Chair in their absence. Additjcmal Duties Board membi:cs shall perform such other duties and functions as may be required from time lO time by the Board. VRcancies. Should the office of Chair become vacant, the BLard sh all select c succe$sor at the next regular meeting or at a special meeting called for this purpose. Confljct oflnterest No member of the Board may vote on projects where that Board member has a direct personal financial interest in any contract or Brownfields Project, existi ng or proposed. that may be brought before the Board. For purposes of this sectio.1, '"financial interest " shall mean a substantial incerest held by a member. or member's immediate family, such as: • an ownership mtereS1 in a business: • employment or prospective employment for which negouations have begun; • an ownership interest in real or personal propeny; • a ioan or oth:r deb: or intereSt in business or real p:apeni·: or • a directorship o; officer ship in a business . To the degree e member of Le Board ha· a preexisting actual or appearance of e confi1ct of intere51., he or s.~e shall immea1atel) disclose the same m "nting to the Board, nod su.::b disclosure shall be entered upon the Minutes of the Board. Changes in Memhc;-ship. Membership in this pro@T8111 is expected to change over tll'ne Cuncnt members may leave while other entities may seek to join. Current members may choose to leave after achieving their communny·s Brownfields goals. Other entities may seek 10 join the c.ialition in order to benefit from the economy of scale offered by the existing CBRLF infrasl11lctun:. The following sections outline how membership changes will be accommodated l. Exiting Members: Members seeking to leave the CBRLF must submit their resig1,mion request in writing to the Chair and nlust give 30 days notice . The unused portion of any adminiStrative funds allocated to the Member will reven to the Fund to be used as deemed upproptiate by the Board. Loan monies will also remain within the Fund and will be adm inistered in accordance with this MOA and the Cooperative Agreement by CDPHE. 2. New Members: New Members will be allowed to join tile CBRLF after submitting their request in w:iting to the Chair and receiv ing the approval of the Board of Directors. New members will be required lo sign and abide by this MOA. Federal funds added to the CBRLF will b: managed in accordance w1tn the Coopcrati\'e Agreemen~ this MOA, and the CBRLF Adrrums::auve Man:.a. Ar., non-1ecie:u! fun~ addec l<· ti1e CBRLF wil. be a.:numta io~ a.1d • mwgd sepa.-atei) 11'·01c pmcn:1al 11c~ ~,cmhc·.• arr s1rong(\ cncou•agcd w d,s:us.• CBLI/.F mcmhcrsh1p w11n e.n.mng Board member.• P''°' to submmmg tlmr C BRLF grant prorosal 10 EPA.) 1. Membership Eligibility. In order 10 be considered for CBRLF membership, potential members must have contributed to the CBLRF either: a) re.:eived an EPA CBRLF grant, or h) received a public/private source of funding equivalent to a CBLR.F grant (mini mum of 5,50,00000l Meetings fr-..aucnq. The Chair of the Board may, when the Chair deems necessary, call a meeting of the Board for the purpose of I.J'llllsactiag business the Chair designalCS for such meeting. Sucli meeting shall also be called by the Chair upon the request of two members of the Board for the purpose of t:nlnSactiag business these members designate in II' I for such meeting. No meeting shall be held unless all Board members are given written notice a minimum of seven (7) days in advance. Order ofBusiness. At meetings of the Board, the o:-der of business shall follow a written agenda provid~d to the members by the Chair. Quorum. For the nine member Board. a quorum shall consist of six members, at leaSI four of which are Local Government Members . lf the number of mcmhe:s changes. the quorum will be reoefined b) the Board. A Boord member must be present eithe~ in p::rson or by • telephone to be counted in the quorum . In tne event of a Board member absence, that Board member ma) send a substitute 10 pamcipate and vote. Addition:tlly, vo:ing by wnnen prox·y will be allowed Decision Making. There ure numerous kinds o: de:is:ons that members of the Board oi Directors may be asked 10 make. As guiding principles. it is the imem of the Board 10 mak decisions affecting more than one member, by mem~ consensus when eve1 possible. ltt 1 ... even\ that consensus cannot be rnached, a simple majoriry vote will decide the issue. Manner ofV<'tinp,. Votiq, by the Board may be b) acclamation orb) bal101. as the Chair mny designa te. Record of Decision. TI1e outcome and reasoning behind Board decisions resulting in ti1e approval or denial of any project funding or other expenditure shall be recorded in writing and maintained in adherence with Cooperative Agreement record keeping guidelines Minutes of any other Board meeting or action are not required: such documenllltion may be recorded at the discretion of the Chair. Meeting Location. The meeting location will be ai the Colorado Housing and Financt Authoritfs facilit) at 1981 Blake SU'Ccl., Denver, Colorado, 80202. Term of Office. Board Members will serve indefinite tenns at the pleasure of their respective management. Public Meetings. The Board may, from time to time, hold public meetings • • • Co lo rad o D ep a r t ment of P u h li <.' H ealt h a n d Envi ronment The Colorado Depa.-unent of Public Health and Env1ro•iment agrees to perfonn the following duties with respect to tlus MOA: l. 2. 3. 4. 5. 6. 7. CDPHE is the Cooperative Agreement Recipient, Leod Agency, and Site Manager. CDPHE has entered in10 the cooperative agreements wilh the Environmental Protection Agency (EPA). CDPHE agrees to make available lO each member city administrative funds as identified in Exhibit 3 for use by the city in implementing this loan fund progrwn . CDPHE will process cleanup applications in accordance with Colorado's VoluntBry Cleanup and Redevelopment Act. Fees for VCP application review and approval are to be paid by the opplicant in accordance with the requirements of that program. CDPHE is responsible for assuring that all cleanups are conducted in a manner that is not inconsistem with CERCLA and the National Contingency Plan (NCP) for non-time critical removals. CDPHE will review the Analysis of Cleanup Alternatives and write the Action Memorandum as required by the Brownfields Cleanup Revolving Loan Fund Administrative Manual. CDPHE will identify a Brown6e1ds Site Manager for each site receiving a loan from CHFA and conducting a cleanu, 1111derthe VCP. Toe Site Manager will be an environmental professional employed by the State. The Site Manager is responsible for overseeing cleanups at specific sites including fie ld visits. Colorado Ho usi ng and Finance A u tho rity CHFA is under contract with the State of Colorado to act as its fiscal agent for managing and servicing the Joan agreements. As the fiscal agent to the State, CHFA v•ill : I. Will be resp,nsible for advertising and marketing the revolving loan fund under the supervision of the participating local government entities and the RLF Board of Directors, ~ Will conduct the financial ponio1, ; the loan reviews and provide loan underwriting and servicing as required by this program, 3. Will be responsible for prnviding the participating local government entities and the Bow·d of Directors with an assessment on the fin ancial su-ength of each project, prior to final approval of the project by the RLF Buard of Directors. 4 Will prO\"de dosing documents and disburse loan funds as appropnate to successful loan applicants, 5. Will be responsible for managing the funds in the trust accounts, and revenues it subsequently fl'Cl'ivcs as loan repayments, in accordance with the cooperative agreement, applicable laws and regulations, the policies, instructions and directions of the RLF Board of Directors and prudent lending practices, 6. Will keep all records for each loan made for o period of not less than ten (l 0) years, 7 Will prepare and provide the financial portion of the EPA required quarterly reports to CD!'HE a1 least one we:k p1ior to the reporting due :'11cmhcr Citic.< a nd Counties Member C1ues and Countie~ agrtt to participa~ for a full three year period from the date of signature on this MOA Member cities have two types oi funds designated for their use, loan and administrative, a.~ 1dcnufied in Exhibit J Member Cities and Counu es agree to use all funds received or direct the use of funds in accordance with the terms and conditions contained m u1e Cooperauve Agreement fmm the U.S . Environmental Prote::tion Agern:y D escript io n of Funds The CBRLF is made up of three loan pools rased on the three cooperative agreements received from EPA , BL988 I l 60 l, RP9889970 I, and BF9889960 I. Each of these pools has different federal requirements, which mandate that they be managed separately. General discriptions of eacb pool is as follo ws: I. EPA Cooperative Agreement BL98811601 is the original cooperative agreement that established the CBRLF. Loan funds available under this agreement follow the original EPA pilot brownfields revolving loan fund requirements. These funds do not require matching funds from the borrower, and the borrower muSI only show that they did not cause or contribute 10 the contamination to be eligible. These funds cannot be used for petroleum contl!mination or for subgrants. • 2. EPA Cooperative Agreement RP98899701 was awarded through CE.RCLA Section l 2"( a) State and Tribal Response Program. These funds require a 20% matching paymenL The borrower must show that they performed all appropriat, inquire before • acquiring the property and that they arc not liabl e for the cleanup under ''ERCLA Section l 07. Subgrants a.re allowed for up to 40% of the funds awarded und , • ·.1,s cooperativr agreement., Subgrants will be considc~ on a site by site basis. 3. EPA Cooperative Agreemem BF9S899601 was awarded under CERCLA Section I 04(k)(3). These funds require a 2~. matching payment and can on!) be used at sites that have petroleum contamination. The borrower mUSI sho" tha· they perfonned all appropnatc inquire before acquinng the prope.'1)' and that the) m not liable for thr cleanup under CERCLA Section l 07 Subgrants m allowed for up 10 4fflo 01 :he fund~ awarded under this cooperative agreemenL Subgrants will be conside:ed on a sile b) sue basis. City and County of Denver Commerce City Andre Pettigrew, Director Jerry Flounery, City Manager Office of Economic Development • • • • Signatures Colorado Brownficlds Rm•oh•ing Loan Fund Memornndum of Agreement, Amendment 3 City of Englewood James K. Woodward, Mayor City of Lovel and Don Williams, City Manager City of Westminster J. Brent McFall, City Manager Co lorado Department of Public Health and Environment James B. Martin. Executive Director City of Lakewood Michael J. Rock, City Manager Colorado Housing and Finance Authority Milroy A. Alexander, Executive Director El Paso County Jim Besbcrg, Chairperson Board of CJunty Commissioners, El Paso County Attest: Deputy Clerk. El Paso County Original Grant -Non-Matched Funds (Grant# BL-988:l 1601) Lead ,\ge nq 01~::c: Fi,anc 1al t..ssistance s 308 ,475 I Lo an Fune $ 4 759 ,947 Tota l Admrrno trauve 3adge: s 418,42 1 Total $: 486,8 43 ~ ... -Coa lition EPA loan Pool . · _ , 'Member Award · Sh'are· :t.,,. Denve· $ 500 ,000 $ 425 ,000 En glewood s 500 ,000 s 425 ,00 0 Lakewood s 350.000 $ 297,500 Lov eland s 350 ,000 $ 297,500 Commerce Cit)' $ 486 ,843 $ 413 ,817 Westminste r s 1,000 000 $ 807 ,000 Stale of Co loraoo $ 1,000,000 $ BOi,000 El Paso County s 800 ,000 s 792 ,080 CHFA $ • Succ lemen tal Funds $ 500.000 s 495 ,050 Total $ 5,486,843 s 059,947 Small Business Liabilty Relief and Brownfields Revita'lization Act 20 ¾ Match Requ ired, Adm i nistrative Cost Not Allowed Haza rd ou s Su bsta nces Fun ds(Gra nt # RP -98899701) $ $ $ $ $ $ $ $ $ s $ Potenll~I Subgra nt Total "oan Process1ng fCrlcA) S 15.~50 oan Pool $ B78,751i $ Loan Pro cess1ng 1CDPrlE) ...,.s ___ --'46 .0CO Tota l Grant $ 940,~ Petrol eum & Hazardo us Subs tances Funds (Gra nl # BF-988~9601) Loan Process1ng fCHFA) S 18,750 Pet ro leum Loan Pool $ 873.750 S Haza rdous Loar Poo l S, 1,250,000 S Loan Processing CDHPE ) $ 45 ,000 Tota l Grant $ 2,187,500 351 ,50 0 349,500 500 ,000 6'h 8 ,,. eo,. Ad mln., Budaet 20 ,000 20 ,00 0 ',4,000 ',4,000 6,642 40,000 10,500 293 .07 9 ,·,BA2 -. ~------------------------------- To1a1 Loa n Poot 7,762,447 (rncl udrng ma1::h ) • • • • Exhib it 2 -Colorado Brownfiel ds R e volv ing Loan Process Flow Chart Fund CO Dept of Public He alth & Env ironment Voluntary Clean-up Program Receives Application Local Governments Reviews Projeci ProJect Cons1s1ent with City Development Plan ,__/ _______ / Colorado Brownfields Revolving Loan Fund Bo ard of Directors Conduci anlbal loan a pplicabon screening / ~--------~ CO Dept of Public Health & Environment A!>PIO"'• Voluntary Clean-up Program --+ Review & Approval Co lorado Housing and Finance Authority t"=inancial Review ! - $$$$ -Colorado -,rownfields Revolving Loan F 11;td Board of Directors Final loan approval ! l\pD!OVe<1 orado Hou inanceAut Issue Lo an R.:pay Loan CO Dept or Public Health & Environment Sltl M1nag,, -+ Redevelopme nt Cx h ibi1 3-Local Governm e nt Administrative F unds • Co alition El'AAwarcJ Loan.Pool Adniin istra the 1 Budget Memb~_ ·..,.,. · ·' S ba;e .B~dge.t ~ • Remaini111:as -~ -~ . ... ~-. .... ;:r,Ml\f.Fi ~S;,l~ ~ ·• ,j ".!' -.:", ~~:.: 11· ~· ,, -;-' ~;: -."::-,..,,.,. ·\t,;.:._ , -~,:\ •f ·"' .. . ! . #J "t•;.~}~' -~- . !~ 1 '_;;· • • ....,. . Iii~ . .. -~,· . ~ ·t , ;_, '. ¾.'i Ir-. -. ' • • ' Denver SSOO'lOO $425,000 $20,000 S!9,6&3.00 Engiello'Ood SS00,000 S42S.OOO $20,000 S\2,721.24 Lakewood $350,000 $297,000 $14,000 $]4,000 Loveland $350,000 $297,000 $14,000 $14,000 Commerce City $486,843 $413,817 $6,842 S6,842 Wmminstcr Sl.000,000 $807,000 540,000 so El Paso County SS00,000 SS00,000 0 0 ' • • 10 Cxhibit 3 -Local Governm e nt Administrari1•e Fu nd s Coalition , Membu , Denver Englewood Lakewood Loveland Commerce City Westminster El Paso County EPAAwr.rd .. -. $500,000 $500,000 $350,000 $350,000 $486,84 3 $1,000.000 $800,000 $425,000 $20,000 S 19,683.00 $425,000 $20,000 $12,721.24 $297,000 $14,000 $14,000 $297,000 $1 4,000 $14,000 $413,817 $6,842 $6,842 $807,000 $40,000 so $800,000 0 0 10 • • • Exhibit 2 -Colorado Brow nfields Revolving Loan Process Flc,w Chart Fund CO Dept of Public Health & Environment Voluntary Clean-up Program Reoe1ves Appl,cation Lo ca l Governments Reviews Project ProJeci Con;1s1ent with City Development Plan _/ _______ / Colorado Brownfields Revo lving Loan Fund Board of Directors Conduc: inlbal loan appbcabon screenng / ,._ ________ ~ CO Dept of Public Health & Environment Voluntary Clean-up Program Review & Approval Colorado Hous and Finance Aut Financial Rev'~ ........ ! Colorado Brownfields Revolving Loan Fund Board of Directors Final k' ln approval Colorado Housing and Finance Authonty Issue Loan Oecllneo wtth 1 .11 .. , rtf ~•1-.rill'I" Repay Loan -Redevelopment • • • BY AL'THORm· ORDINANCE NO. SERIES OF2009 C'OL1'CIL BILL "10. 14 IXrRODUCED BY COUNCIL MEMBER PENN AN ORDINANCE Al 'THORIZING THE APPLICATION FOR AND AC'CEPT ANCF or Al\ INTERGOVCRNMf;NT AL GRANT "RECOVERY ACT JUSTICE ASSIST A.1'1CE ALLOCATJ(J!'!" Bt:"TWEEN THE c m· OF ENGLEWOOD AND THE ED\\' ARD BYRNE JUSTICE A::SISTANCE PROGRAM. \\ llEREAS, lhe Englewood C,ry Council authorized the ncccp1ance of a Justice Asmtnnce Gram with the passage of Ordinance 1149, Series of2008; and WHEREAS . the City of Englewood was notified tha t the Pol ice Dep mcnl has been nlloca1t,d $144.662.00 v1a 1he Recovery Act Just ice Assistance Grant Allocauon par-uant to applicn1 ion: and WH EREAS, lhc Bureau of Jus1i ce Assistance is requiring 1bc City 10 coll abora1c with 01hcr metro cities in 1he npplicat ion for the grant: and WHEREAS. 1he Jus1ice Assistance Grant is a non-matching grant: NOW. lllEREFORE. BE IT ORDAINED BY mE Cln' COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: ~-The CII)' C<'uneil of the City of Englewood, Colorado hereby authoriw.. the npphca1i on ror and acccplallCe 01 the fastice Assistance Gram from Edward B)me Justice AsslSlanu Gran! P~ 10 1hc C,ty of Englewood. a11acbed hereto as Exhibit A ~ The Cit) Monagcr 1s authorized to execute said applianion for and acceptance of lhe gran1 for aod on behalf of the Cny of Englewood lnuoduecd. read ,n full. and passed on first reading on the 1<ilh da)' of April. 2009 Published as a B,11 for an Ordinance in the City's offie,al nc\lspapcr on the 241~ da) of Apnl. 2()()9, Published as a Ball for an Ordmancc on the Ci1y's offic,nl wchsi1e be~inmng on the 22nd day of April, 1009. Read by mlc and passed on final reading on the 4th day of Mny. 2009 . Published by title in lheCuy·s oflic,al nC\\spapcr as Ordinance No._. Smes of2009. on • the 8th day of May. 2009. James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis. City Clerk I, Loucnshia A. Ellis, Cny Clerk of the Cny of Englewood. Colorado, hcrcb)' cen,fy that the abo\'c and foregoing is a true copy of the Ordmancc passed on final reacli-·~ and published by title as Ordinance No. _. Senes of 2009. Loucrishio A. Ellis • • • • • G.\•IS Al'l'LICATIO.I\' '\"V~1BCR: ~OU9-n636-C'0-Sfl AGRCCMC!'iT BCTWEE!'i T HC COUJ\'T\' OF ARAPAH OE. COLORADO Al\1) THC CITLC S or AllRORA, CE!\'TC:-ll\L'\.L, E:-lGLEWOOD, GLE!'i DALI:, GRE ENWOOD VILLAGE. LITTLETON , .-..l'i D SHE RIDAN, COLORADO, RI:GARDT:-lG THE 2009 RECOVCRY ACT BYR.l\'E JUSTICE ASS ISTANCE GRA."T (JAG) PROG RAM AW >\RD This Agree ment is made and enten:d ;mo this_, 2009. by and beiween The COUNTY OF ARAPAHOE, acting by and through its governing body, the ARAPAHOE COI.J?,.'TY BOARD OF COMMISSIONERS, on behalf of the ARAPAHOE CO\JlffY SHERIFF'S OFFICE, hereinafter referred to as COtn,.'TY, the CITY OF AURORA, actin& by and through its governing body, the CITY COUNCIL and their authorized agen~ the City Manager, on behalf of the AURORA POLICE DEPARTMENT, the CID' OF ENGLE W00D, acting by and through its governing body, the CITY COUNCIL and their authoriz.ed agent, the City Manager, on behalf of the ENGLEWOOD POLICE DEPARTMENT, the CITY OF GLENDALE, acting by and thmugh its governing body, the CITY COUNC IL and their authorized agent, the City Manager, on behalf of the GLE'IDALE POLICE DEPARTMENT, the CITY OF GREENWOOD VILLA GE, acting b)' and through its governing body, the CITY COUNCIL and their authorized agent, the City Manager, on behalf of the GREENWOOD VILLAGE POLICE DEPARTMENT, the CITY OF LITTLETON , acting by and through its governing body, the CITY COUNCIL and their authorized agent, the City Manager, on behalf of the LITTLETON POLICE DEPARTMENT, the cm• OF SHERIDAN. acting by and through its governing body, the ClTY COUNCIL and their authorized agent. the Chief of Police. on behalf of the SHERIDAN POLICE DEPARTMENT. and the CJD' OF CENTENl\1AL, acting by and through its governing body, the CJD' COUNCIL and their autho:izcd agent, the City Manager, on behalf of the ARAPAHOE COI.J?,.TI SHERIFF'S OFFJC!! whum the CITY OF CE!\'TENNlAL contra::~ "~th 10 pro,~de law enforcement and emergency management servic..-s, hereinafter referred to as CITTES, all of Arapahoe Coun ty, State of Colorado. witncsseth: WHEREAS, on February 17, 2009 President Obama signed into la" the American Recovery and Reinvestment Act of 2009, of which one of the elements is the Edword Byrne Memorial Justice AssisUlncc Grant (JAG ) Program. This program provides grants to states, tribes. and local i;o1·emme111s to support a broad range of activities to prevent and control crime based on their 0\111 local needs and conditions: and WII EREAS, the cmES and the COUND' wish 10 obtain funding from the Edward Byrne Mcm(lrial JAG for fundin!l, the following: Ar11n aho c Coun tv ShcrifPs Offi ce 11n d Ar:i ria ho e Count\' Sh erifPs Offi ce on hchnlf of th r Cih· of Cent ennial I. Communit)' Service Speciali st -l '7,771 GM ,.\l'l'LICATIO~ ..;l'MBCR: 2009-f:-638-CO-SB ~ Communit~· Service Specialist \'ehicle & Equipment• 5'40.00(1 ~ Coun Summons !\otification Cler~· $86:'76 4. Automated License Plate Recogmtion System• $38.500 5. Mobik Gl'S Units -$20.00(1 6. Level A Suits • $5.500 7. C-K.ll-S~.750 8. Breaching Blankets• $1.0<Y.i 9. Automatic Snow Chains• $~.000 I 0. Polygraph !iquipment Ur,grade -S.6.000 11. Cold Case Investigator • $3,920 Total: $304,218 Cih nf Aurora I. Replacement Motorcycles for MET-$167.550 2. Visual Spearal Comparator (VSC) • $%,474 3. Tascrs-$100.368 4. RUV IS (Reflected Ultrav iol et Imagi ng) Crime Scene Light Source -$19,500 5. lo-Car Video -S42.250 6. Laboratory Information Management System (LIMS)-$180.!03 7. MUG Shot Software-$195,013 8. Inventor)' Management Software -$11 9,537 9. Administrative Suppon -$85,407 10. Contract Interpreter-$197.736 11. Admin Costs • $10,000 Cih• or En glewood I. Englewood Police Department Traffic Enforcement Team • $89,077.07 2. City of Englewood Police Department School Resource Officer Program · $4 1.366 .9 3 3. Cit) ofEnglewood Police Department Graffiti Enforcement Pmgrwn • St4.:m.oo Total = $144.662 City of Glendale I . X-26 Tascrs • $5,670 ~. Tasercanridges • $1,150 3. DPM Tascr batteri,.• • S2 I 0 4. Taser Holsters· I, 7. 5. Agent \l!ONSSI integration Software License• $1.000 tl. Agent \'!-CY.>: two (~J beha,•ior noolytic sof1ware liccn!'C• $3,160 • • • • GMS A l'rLIC'ATION N L'M B ER : 21109-1'%3~-CO-SB 7 Gold annual A gem \" I sof1wnre suppon : years -$5(1() S. Setup and install onsite calibration -S~.i~ I Tolll l = $15,121 City or Greenwood VIiiage I . Wireless Remote Mi crophone T ransminers -$4,900 2. Crim eReports Software -$I , 188 3. Bosch Air Bag Downloading Software -$2.000 4. Radar Gun• $4.600 5. Laser Radar Gun -~.884 Total =$ I 5,572 Citi• of Littleto n I. Automated License Plate Recognitions System • $36,786.00 Total= $36,7 86 City or Sheridan • I. Evidence Management System: $13.3 15 Total •Sl3,315 WHERCAS, the intent of this Agreement is to have the Ctn' OF AURORA apply for JAG fun ds from the United States Department of Justice and to divide such gram funds between the COUNTY and CITI ES as set fo rth herei n; and WHEREAS. each @Oveming body, in performing governmental functions or in paying for the perfonnance of governmental functions hereunder, shall make lhat perfonnance or those payments from current revenues legally available to that pany: and WHEREAS, the COUNTY and the CITY OF CENTENNIAL arc in a contrac tuttl relationship for the COUNTY to provide law enforcement and emergency management sen•ices to the CITY OF CENTENNIAL, the CITY OF CENTENNIAL agrees to tum the fund~ over 10 the COUNTY 10 be used 10 benefit the CITY OF CENTENNIAL: and WHERE AS, each governi ng body finds that the perfonnance of this Agreemenl is in the best interests of all parties, that 1hr undertaking will benefit lhe public, and that the division of costs fairly compensates the perfonning party for the services or functions under this agreement nnd • NOW , TH EREFORE , th e COUNTY a nd CIT IES ag ree ns foll ows: GMS Al'l'Ll CA TION NllMl!f.H: 21109-f':'\638-CO-S B Sec1ion 1 The CITY OF AURORA will submu lhe grant application and take receipt oflhe funds when disbursed The Cln' OF AURORA will !hen submit to lhe COUNTY and other CITIES !heir allocation as agreed upon in chis AgreemcnL Said funds will be sent 10 lhe account and financial insutution provided to the CITY OF AURORA by the COUJ\TY and ocher CITIES. The CITY OF AURORA "ill have fifteen business days to disburse the allocations to the COUNTY and other CITIES after the CITY OF A UR ORA receives the fund~ from 1he United States Department of Justice. Sectio n 2 The COUJ\'TY and CITIES agree to allocate the total amount of JAG funds of S1,7~3,612 available in federal grant monies to all parties in the following amounts: To the COUNTY: $174 ,000. To the COUNTY on behalf oflhe CITY OF CENTENNIAL: $130,218. To the CITY OF AURORA : Sl,213,938. To the CITY OF ENGLEWOOD: $144,662. To the CITY OF GLENDALE: :SIS.121. To the CITY OF GREENWOOD VILLAGE: $15.572. To the CITY OF LITTLETON: S36.786. To the CJn' OF SHERIDAN: !il3.315. Section 3 COUNTY agrees to use $174.000 of the JAG funds through September 2012, the period covering the i;rant COUNTY on behalf of CITY OF CENTENNIAL hgrecs to use $130,218 of the JAG funds through September 2012. the period covering the srant, CITY OF AURORA agrees to use $1,213,938 of the JAG funds through September 2012, the period covering the grnn1. CITY OF ENGLEWOOD agrees to uscS l 44 ,662 of the JAG funds through September 20 12, lhe period covering the grant • • • • • G.\IS .,rrLICA TI O"i l\l'Mllr.R: :HIJll-1'~638-CO-SB CITY Of GLEKDALE agr~ tc, us~ ~15.1:l of the JAG fund, through Septcmhcr 2012. the period covering the grant CITY OF GREENWOOD VILLAGE agrees tc, use $15.57~ of the J I\G funds through September 20 12. the period covering the grant. CITY OF LITTLETON agrees to use $36. 78t> of the JAG funds through September 2012, the period covering the grant. CITY OF SHERIDAN agrees lCI use $13 .315 of the JAG funds through September 2012. the penod covering the grant. Sect ion 4 COUNTY and other CITIES ag rees 10 submit to CITI' OF A UR ORA all financial repons. performance repons, and any other rcpons required by the grant on or before the last day of each calendar quarter so that the CITY OF AURORA may complete and submit the mandatory quanerly repon to the fede ral government. Section 5 Each party to this Agreement will be responsible for complying with the terms and conditions of the grant and for its own actions in providing services under this agreement and shall not be liable for Bil)' civil liability tltat may ar· ·e from the fum.ishing of the services by any other pany . Each party understands and agrees lhat, for purposes of the grant. the CITY OF AURORA shall not be considered a "pass-through entityr within the meaning ofOMB Circular A-133. The CITY OF A UR ORA· s status shall be that of a fiscal agent and, as such, the CITY OF AURORA shall bear no responsibility for monitoring the use of grant funds by any of the other panies to this Agreement. Accordingly. each parry to this Agreement shall be considered a co-recipient of the grant and , in thut capacity, shull be direc tly accountable to the United States Department of Just il'e for all matters concern ing grant compliance . Section 6 The p:irties to this Agreement do not intend for an) third i'-ny tP obtain any rights by ,·ir.ue of this agreement or to create any rights in any part~ ntJ: ., signatory hereto. Section 7 Bi entering into this Agreement, the panics do not intend to create any obligations express or implied other than those sci out herein. This Agreemen t represents the entire and integrated agreement between the COUNTY and CITIES and supcrccdes all prior • negotia tions. representations or agreements. either wri tten or oral. GMS Al'l'LI CAT IO N NUMRCR : 2009-F5638-CO-SB AmST. Count} Clerk 80!,RD OF COIJ1'TI' COMMISSIONERS OF ARAPAHOE COL"NTI' By:. __________ _ Susan Beckman. Chair • • • • • • GMS APPLICATIO;\ ;\"LIMBER: 20 09-F~63 8-CO-SB ATTEST. City Clerk CITY OF AURORA CITY COUNCIL By :·.,,.....---,,,------Ronald Miller. City Manager GM APPLI ATIO '\tlMH[R : ~009-FSC,:IS-CO-B ATTES1 C!H 01 C8:TE, • '!AL CITY COUNCIL • Bye __________ _ City Clerk Jacque Wedding -Scott . Cit) Manager • • GMS Al'l'LI CATIO~ 'll'MllLR: 2009-F56:IR-C'O-n • ATTEST: CITY OF E?-GLEWOOO Cl rY COUNCIL By:. ____________ _ Cily Clerk Gary Sears, City Manager • • .~1'-Al'l'L I ATIO!li 'LI 1BER : 200 9-F56~ -CO-SB ATrC 1 cm OF GLE . DALE CITY cou CIL • By : ___________ _ City Clerk Jerry Peiers, Cit) Manager • • • • • GMS Al'l'LICA TIO~ Nl1MBER: 2009-F5638-CO-SB ATTEST ; C1t) Clerk CITY OF GREE~WOOD \'ILLA GE CITY COUNCIL By:. __________ _ Jim Sanderson. Cll} Manager GM S APrLI CATlO;\' NUMBER : 2009-F:-638-CO-SB ATTEST: CITY OF LITTLETON Cln' COUNCIL • By: __________ _ City Clerk James C. Woods, Cil)• Manager • • GMS Al'PLICATIO'\ J\'liMBCR: 200'l-F5638-CO-SB • ATTCST: Cin' OF SHERIDAJ\ CITY COUNCIL !:Ii•:. __________ _ Ci1y Clerk Chief Marco K. Vasquez, Chief of Police • • • • • CO UNC IL COMMUN ICATIO N Date: Agend a ll em : Subject: Mal 4, :?()()<I 9 c I Englewood Public Libra') ·s :?009 ·summer Food ror Fones· Program lniliated By: I Staff Sou rce: Libra<\' Depanmenl Hank Long. Dlrecror of Libra')' SeNices COUNCIL GOAL AND PREVIO US COUNC IL ACTION The Librarv has sponsored this popular program since 1990, and each \ ear the Ct!\ Council has voiced its support In :?003, the annual Food ior Ftnes program was expanded to !\,ice a year at the request of the library Board, and subsequently approved b) City Counol, tor !\vo weeks during the summer as well as two weeks bet\, een Thanksgiving and Chrostmas as a \\'a\ to mitigate the increase in Overdue Lib rary Fines and as a way to encourage th. timely return of EPL materials so that they can be use d by more people. The two weeks of th e Summer Food fo r fines program covers 1h e lasl week of the public school year and 1he firs ! week of vacallons, a lime du ring wl,ich studen ts and teachers are deaning out their desks an d lockers in preparadon fo r the summer break and numerous overdue Library materials are located, whereas 1he !\vo weeks of lhe Winier Food fo r Fines program traditional~• covers the period ,n be!\,•een the Thanksgi.,./ng and Christmas holidays. Htstoncally, each of these !\Io biannual events raises an esttm.ited S 1,500 • S2,000 on donated non-penshable tood items for the Interfaith Communil)• Services iood bank. RECOMMENDED ACTION The Library Department recommends CH\ Council approve a resolu 11on au thorizing the Library Depart ment to implement ,ts 2009 Summer Food ior Fines program rrom Tuesda1•, May 2b through Sunday, June 7. 1009. BACKGROUN D, ANA LYSIS, AND ALTl:R NATIVES IDENTIFI ED For the past 19 years, 1he Englewood Publ ic Library has provided Its "Food for Fines" program as a wa1• for those pa trons wilh fl nes on their overdue EPL materials 10 ''pay" them off through the donation of non-p~rishable food irems tl1a1 are, ,n turn, forwarded 10 ln1erFal th Commun11 y Services for their "iood bani." d1s1ribu1ion 10 financ1all1 disad1an1aged 1a111ihes 1111he Englewood area. Follow,ng 200n Increase m ma-,mum 0, erdue Fines from S~ 10 SS, 1he Libra')' Board reques1ed 1ha1 the number 01 food 11ems requ11ed 10 pav off a single 0, erdue charge also be incre•sed beginning w11h the 2004 \.\'inter Food tor Fines program, e.g. 11 n01, takes 1wo food ,terns to cancel oul lhe late charge, I not lost or damaged charges) on one overdue ilem . These food items must be presented 10 1he Libra') Sraff al 1he Circula11on Desk ,n order for 1he fines lo be cleared from the pa1ron·s compu ter record. This program has been wa rml1• received and supported by 1he public since its in cep1ion. and Library pa trons now look forwa rd 10 ii as a way of helping 01hers whi le relie11ng tl1eir own finan cial obliga1ions. Thus. the program presenls a pOSIII\ e image oi lhe Librar. • and 1he C11v and Is a •w,n-win " s11uatlon for e, eryone in, oh ed FINANO Al IMPACT • Since 11s inception. this program has raised an estimated S37,000 m donated non-pl'fishable food items to assist needy iamilies in the Englewood area. • The money !hat lhe Libfarv collects each monlh in •1a1e charges• (i.e. charges on books and olher EPL hems returned past their original "due date• and past the 3 da1• "grace period") goes to the City's General Fund. These revenues lraditionally drop aboul 50% dunng each 01 the Library 's two-week Food for Fines programs, but the loss Is more than offset b\' 1he ·good will" 1his program generates among Library pa1rons and bv getting the Library materials back on the shelves so 1ha1 01hers can use them. UST OF ATTACHMENTS Proposed Resolution • • • • • RESOLUTION NO SERIES OF 2009 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLI C LIBRARY TO IMPLEMENT TH.E "SUMMER FOOD FOR FINES" PROGRAM FROM TUESDAY. MAY 261h THAOUGH SUNDAY. IUNE 7. 2009 WHEREAS. the Englewood Public Library has sponsored a "Food for fine.,• prO[!rnill since 1990: nnd \VHEREAS , lhc "food for Fines• program allows patrons with overdue fines on their overdue library materials to •pay• them off through lhe donauon of non-perishable food items: and WHEREAS , the food items arc lhen forwarded to the Interfaith Community Services fo r their "food bank" distribution to financiall y disadvama~ed fam ilies in the Englewood arcn: and WHEREAS. lhc program is a benefit 10 the community in that lhc cbsa<h'llltagcd arc ass ist.ed; the air cleared "1th rcspccl to fmcs: the City recetvcs 11.s library ma1cnals back and the program presents a positive image of the Libra,y and the City. NOW. THEREFORE. BE IT RESOLVED B'.' THE Cln' COUNC IL OF TH E CITY OF ENGLEWOOD. COLORADO. THAT: Section ). The Englewood City Council hereby authorizes the Englewood Public Library's implcmcnmion of the "Summer Food For Fines• pl'Ol,')"llm from Tuesday, May 26th, through Sunday. June 7, 2009. The collcc1cd food will then be forwarded 101hc ln1 erfaith Community Services for dis1ribu1ion 10 financially disadvantaged families ,n the Englewood area. ADOPTW> AND APPROVED this 4th day of May. 2009. ATTEST· James K. Woodward. Mayor Loucnshia A Elh>, Cily Cieri. I. Loucnslua A. Elhs. C,ty Cieri: for the Cny of Englewood. Colorado, hereby ccn,fy the above is n ,rue copy ofRcsoluuon No. __ • Scnes of200<1. Loucrishia A Ellis, Cny Clerk • COUNOL COMMUNICATION Date: I Age nda Item: I Subject: Ma\' 4, 1009 11 a I Big Dry Creek Interceptor Finances Initiated By: Staff Source: Util ities Department Stewart H. Fon da, Director 01 Utilities COUNOL GOAL AND PREVIOUS COUNCIL ACTION 81g Ory Creek Basin Interceptor Agreement between the City oi Englewood, Southgate Sanitation OiS111ct, South Arapahoe Sam1auon District and the South Englewood Sanitation Oisl~ct No. 1 was approved by Council as Ordinance No. 30, Series t 990. A Resoluti on was passed October 16, 2004 establishing maintenance fees fo r Bia Ory Creek Basin Interceptor. Counc il approved an Ordinance o n March 19, 2008 fo r th e maintenance fee of S0.108406 per lhousand gallons for the Big D1y Creek In lerceptor. • RECOMMENDED ACTION • The Engle-., ood Water and Se-.ver Board, a1 its February 3, 2009 meeting. recommended Council appro1 al, by Ordinance. of a Big Dry Creek Interceptor maintenance lee increase to SO. t 59123 per thousand gallons. BACKGROUND, ANALYSIS, ANO ALTERN ATIVES IDENTIFIED The Big Dry Creek Bas in Int erceptor Is a ma1 or trunk line serving the Sou1hga1e, South Arapah oe, South Englewood sanitati on dls1ric1s and part cf !liP <:ily of Englewood for san itary sewer transp ort. The intercep tor begins al Clarkson and Orchard, run•, northwesterly along Big Dr; Creek to San ta Fe Drive, and then north to the Littleton/Englewn-:::l Wastewa te r Treatment Plant. In 1990 the City of Englewood entered Into the Interceptor Basin Agreement (IBA) v.,1h Southgate Sanr1at1on District along with other connecting sanitation districts. At the time of the agreemen~ eight caphal construction projectS were antiopated. line and ad,anced ta;> fees fo, capital cons tructJon, along with a smaU charge for repa11 and maintenance, "ere established. After completion of three capital projects, Sou1hgate Sanitation District reassessed th e condition of the interceptor and determined that it ha.s capac11} adequate to meet the e~isung and luture demands and that no furthtcr capual projects are needed . Un der the 1990 Agreemen~ fund ing must now be p rovided to proceed with a repair, maintenance, and rehabilitation program, FINANCIAL IMPACT The original 11nancial arrangement scheduled periodic increases; the next one Is 10 be effecti, e for the 2009 billing period. The per thousand gallon charge will mcrea.se rrom S0.108406 to SO. I 59123. The typical residential customer" ill see their bill go from 59.00 per year to approximately S 12.00 per year. \o\'hen the Big O') Creek Interceptor fund started to dimibute its unused capital monl!) to the agreement's members. the Englewood Water and Sewer Board determined that it would use that money to pay lhe t ,626 inside City. non-sanitation district customer's Big D')' Creek lnterceplor maintenance fe es for a period of time. This will continue until those funds are depleted . LIST OF ATTACHMENTS Letter from Sou1hgate dated November 5, 2ll08 Water and Sewer Board Minutes from Febru.iry 3, 2009 8111 for an Ordinance • • • • • Southgate Water & SaniLation DislriclS 3722 East Orthard ROid Ctn1enni1I. Colorado 80121 Telephone (303) 779-0261 FAX {303) 779-0~20 Mr. Stu Fonda City of Englewood 1000 Englewood Parl<way Englewood, CO 80110 Re : Big Dry Creek Interceptor Agreement Dear Stu: November 5, 2008 In 2006 we implemented a restructuring of the financing for the Big Dry Creek Interceptor. On the basis of a twenty five year projection of rehabilitation needs the annual BIA Line Charge was Increased (effective 2007) to $0.108406 per 1,000 ganons of winter water consumption . That finance restructuring scheduled periodic increases in the BIA Line Charge. It is time to Implement the Increase effective for 2009. Please adjust the BIA Line Charge to $0.159123 per 1,000 gallons of winter water consumption . For your convenience I have attached a copy of the 12/28/06 BIA financing spread sheet. • ( , ,I!,, BQClftthlbjlttllloo tod Rtolac:erotol ,_ .. -... 12/2Mlll 'ftlhr? I t ZIIIIUII l!dllt,:J V-111D \IR-18 -'"'-V-61DV•11 -V-OIDV~ $117,21111 -.-,.JO Wll-21DV-O -W-aOIDWR•II ..,,.. -..... UIIIDZ~ -me.- ~ Z-121DW-20 -,, ...... Z.141DZ·12 --.000 Z~IDZ-14 -l!Ddr.3 WR-181DWR-2 $1,111,800 -~ IIR•IIID\IR-1 &\/IUI SJ,Z21,7IO -'4,171 V-'11 IDV-5 -Tll'nll ID Z-61 11,111 ---_.....,,.. ·--...--... ---·IJMorl--•U~flwn20Dll baN J011 J011 -SUI.ta -' AJl,111 ; J011 i· -l mz.- I 20:rl 2011 2021 ' ---- -..... W)MOflt,IOD,D ... 3.?ft....,_j__,.b),24 ,.,.,...~20CJ7 ,,.m,11. In&,.,.. • I ' • $0.2- Slf,OIO SIU,MO ,,. ... .,. II,!!! ma!¾I .. AN.NO ULm ....,.., l11AJH 111•,1• • $0 SIQ,NO m.HI ffU:MI l11RJ.II f 11P,1f! S0.211334 111,000 $111,711 '21 171 '21 IJ17!! u.s'6B so H71,711 MUii f72!,0IT WJUB 1110,111 $0.112117• ,,1.000 '713,m w 117 SM 11,211 EP 1m8' .. so H71,11t '1U,U7 Ill.Ill IW.2al ua,m HH:ffl $1,ICM ,ZN b,trl,111 WUH WllJJI 1'19,1• fU!!:171 l!:rllll so '7A,m YZ.1111. HPfJlI 111.G.111 1110,111 IU1Zl12 111,000 """" S2I m S2I l!.H! 1•.• .. """" HMII Dl!'1! IW.18 1112:llf B'lil so IMl,4II bUII ff9,0U WJUB u,011p n:m.11 md.11 .. .. $Ml.AN ....... lWJM l1Wll PR:HO 11,00w U,Ht,NO lll.R.1.H llli.111 S110.1P P.IOO,* IE.I .. ....... 111.m DWH lWJB mo111 • • • \\'ATER AND SEWER BOARD MINLTES February 3. 2009 The meeting was called to order al 5:04 p.m. Members present : Bums, Cassidy, Wiggins. Woodward, Oakley. Habenicht Members absent: Clark, Moore. Higduy Also present: Stewart Fonda, DircctororUulities I. MINUTES OF THE JANUARY 13, 2009 MEETING AND PHONE VOTE OF JANUARY 21. 2009 . The Englewood Water and Sewer Board received a copy of the minutes of the January 13. 2009 meeting and phone vote of January 21, 2009 approving the meeting minu tes. 2. SOUTHGATE CONNECTOR'S AGREEMENT 15r AMENDMENT. The 1988 agreement with Southga te was exe(uted with an effective date ofNovembcr 16, 1988 for an initial 1erm of lhrec years plus si~ automatic three year renewals. This agreement will expire on No\'embcr 16, 2009 Southgate and the Ci1y of Englewood arc mutually aborccublc to extend the contract using an addendum to keep the existing Conncctor·s Agreement as wnllen. The addendum wou ld keep the existing Conncctor"s Agrccmem as wrinen but extend the contract hy the same tenns as originally proposed, with the exception of changes to the Soc1ion 7 language. as recommended by the City Allomey"s office. to disunguish between Cuy and enterprise funds. Mr. Bums moved; ~Ir. llahcmdtt seconded · Ayes: Memhcrs absent: ~lotion passed . 3. BIG DRY CREEK IMERCEPTOR. To rcco: ... :nd Council approl'al ofa Bill for an 0, ·,,iancc upprol'ing the So uthgate Conncctu (s '\greemem -First Amendment . Bums. Cassid), Wiggins. \\"ood\\ard. Oakley. Habeni cht Clark. Moore. Higdu) The Big Dry Creek Basin Interceptor 1s a major trunk line serving the Southgate, South Arapahoe. South Englewood and pan of the City of Englewood Sanitation Districts for sanitary sewer iransport. The interceptor begins at Clarkson and C'rchard. rurs northwesterly along Bi g Dry Creek to Santa Fe Dri,·e and nonh tc the Li11leton!Englewood Wastewater Treatment Plant. In 1990 the City of Englewood entered into the Interceptor Basin Agreement (IBA) with Southgate Sanitation Distnct. along with other connecting sanitation districts. At the time of the agreement. eight capital consiruction projects were anticipated . Linc and advanced tap fees were established for capital construction along with a small charge for repair and maintenance. Afier three capital projects were completed , Southgate Sanitation District reassessed the condit ion of the int erceptor and determined that there is adequate capacity 10 meet the ex isting and future demands and that no further capital projects are needed . Under the 1990 Agreement, funding must now be provided to proceed with a repair. muintcnancc and rehabilitntion program . The origmal finaiic,al arrJJ1gcmcn1 scheduled periodic increases: with the next one to be eITccuvc for the 200() b1lhng period . The per-thousand gallon ch'lrge \\'ill increase from S0.l0~406 10 SO. I 59 123 . The typical residential customer will sec 1hcir bill go from S9.00 per year to SI 2.<KI per year. Mr. 8nm; lll0l'cd. Mr. Woodward sccondrd To recommend C 1cil approval of the Big Dry Creek lntercc, , r finance charge incr,.,se to S0.159123 per thousand gallons. • • • • • • Ayes: Nays: Members absent: Mouon passed. Bums. Cassidy, Wiggins. l\'oodward. Oakley. Habenicht None Clark. Moore. Higday 4. SEWER BACKUP REMEDIATIOK Legally. the City of Englewood is not under any obligation to do site cleanup during a main-caused sewer backup. Englewood"s responsibility extends to making a good faith effon to reasonably maintain the sewer mains. It was noted that any coverage provided by a n:sident"s homcowner's insurance policy usuall. · requires a special rider. Mr. John Bock. Utilities Manager, appeared to discuss the existing policy of cleaning up after a sanitary sewer backup caused by a blockage in the Englewood sewer main. It has been the Utilities Dcpanment 's policy 10 provide aid in the form of a "gross cleanup," which is basically water/sewer extraction, sanitizing and making drywall 0ood cuts for mold prevention. The issue of replacing carpel. ti le or linoleum was discussed . The Board reviewed this policy and discussed changes. ifan), and what should be included in cleanup effons. The Board concurred that the existing policy be continued and provisions made 10 include replacing carpel and/or tile or linoleum that has come loose. Mr. Bock noted that the propcny owner must sign an agn:emenl authorizing the cleanup services and the agreement outlines what is inc luded the gross cleanup . Mr. Woodward suggested an a.nicle discussing sewer backup remediation be included in the next "Pipeline." Mr Habcmchl movt..i; Mr. Bums soconded : Ayes; Nays: To cor tinue the existing policy of providing gross cl,ianup for residents during a main- caused S<.'\\ er b~ckup and mcludc replacing cal'!'~' or.dior tile or linoleum that has come lc,osc. Bums, Cassidy. Wiggins. Woodward. Oakley. Habenicht None Members absent: Clark. Moore. Higday Mo11on passed. 5. WATER TREATMENT PLANT RESIDUALS. The Board received a letter from CDM dated January 21. 2009 discussing a re,•iew of the most recent data for naturally occurring radioactive material in Englewood water treatment plant residual samples. Mr. Bill McConnick. Operations Superintendent, appeared 10 discuss the results and noted that the data supported continuation of the current practice of disposal tll the Foothills Landfill. Bill noted that the State has given their preliminary approved and Foothills has agreed to honor existing hauling rates , 6. WATER RJGHTS UPDATE. The Board received from David Hill, Englewood's Water Auomcy, water rights updates dated January 13, 2009. Stu discussed developments in water litigation cases in which Englewood is involved . 7. SEWER LINING PROJECTS. Mr. Bill McConr.ick discussed quotes received for sewer lining projects for 2009. The sewer utihty will be lining 960 feel of clay pipe with curcd-in•placc lining. The projects are the lining of 310 feet of sewer main al Floyd and Delaware and 650 feel in the 2900 block alley between Bannock and Cherokee. Wildcat Civil Services was the winning bid at $34,340. Another project is possible at Fox and Mansfield with the same con1rac1or. At this location a manhole must be installed first to accommodate the project. The contrac•..,r will honor the same per-fool-price for the third project. 8. ECONOM IC STlMULUS LOANS . Stu discussed the potemiul State revolving loans. It appears that the bond market may be more advanlllgeous than the state re,·olving loans 10 fund such future proJects as the ultraviolet disinfection system al the Allen Wa::rTrealJllcnt Plant . • • • • • • 9. PRETR EA TM ENT ORDIKAKCE . A local business owner appeared before Council 10 objec1 10 the pending pre1rcatment ordinance generated by the Lit1lc1on/Englcwood Wastewater Treatment Plant . His concern is that the proposed hcxa1•alent chromium standard would be cos1 prohibilive for his business. Siu no 1ed 1hat hexavalent chromium is a po1cntially cancer-causing compound and carries an EPA fine of up 10 S30.000 per day. Was1ewa1cr 1reatmcnt plam s1affwill be responding 10 his concerns. The nex1 Englewood Water and Sewer Board will be held Tuesday, March I 0. 2009 al 5:00 p.m . al the Communi1y Developmenl Conference Room . Respectfully submiued, ~ ~1A-"f~ Cathy Burrage Recording Secre1ary ORDINA.'\CE ~O. SERIES OF 2009 BY AlTHORJn" COUNCIL BILL NO. 11 ll\'TRODUCl:.D BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDl)IANCE AUTHORlZING AN AMENDMENT TO THE 1990 BIG DRY CREEK INTERCEPTOR AGREEMEJ\T REGARDING FEES. WHEREAS. lhe Big Dry Creek Basm lntcrccptor is a major trunk hne scning the Southgate. South Ar.lpahoc. Soulh EnglC\l'ood Sanatauon Distnc1< and pan of the Cuy of Englcv.ood for sanitary sewer tranSpon: and \\'HE.REAS. lhe Englewood Cuy Council approved entering the B,g Dry Creek Basin Interceptor Agrccmcnt between Englewood. Southgate Sanitation District. South Ar.lpahoc Sanitation District and the South Englewood Sanitation District No, 1. by the passage of Ordinance No. 30, Series of 1990, which included "line and ad,'llnce tap fees" for capital construction: and WHEREAS. the Englewood City Council authorized the passage of a Resolution in 2004, establishing repair. maintenance and rehabilitation fees for Big Dry Creek Basin lnterccp1or: and • WHEREAS. the Englewood Cny Council approved an amendment to the 1990 Big Dry Creek • Interceptor Agrccmcn1 pcnaining to those maintenance fees. by the passmge of Ordinance No. 26. Scnes of 2007: and WHEREAS. after lhe completion of three capnal projects. Southgate Sanita11on Disuici reassessed the condition of the mtcrccptor and determined Iha! lhe interceptor has capacity adequate to meet lhe existing and future demands and that no further cap11al projects arc needed so 1ha1 Soulhga1e terminated the Advanced Tap fee collection for capital projects and disbursed the unused tap fee capital revenues to the panicipa1ing districts; and WHEREAS. under the 1990 A1,,reemcn1 , the original financial arranAcmen1s lo fund the repair. maintenance and rehnbilimion program provided for scheduled periodic increases: lhe next increase is 10 be effective for the 2009 billing period when the per thousand ~•lion charge will increase from S0.10840610 S0.159123; and \\'HE.REAS. 1lte Englewood Water and Srwer Board recommended appro\'al of these amendments a, its Fcbruar)' 3. 2009 niceung: NO\\. THEREFORE. BE n ORDAINED BY THE CITY COUNCIL OF TIii: CITY OF ENGLE\\"00D. COLORADO, AS FOLLOWS: • • • • ~-The Cuy Council of the Cny of Englewood, Colorado hereby authonzcs amending the 1990 Bia Dry Creek Interceptor Agrecmem by accepting the line and u,p rec refund and increasing the repair, maintenance and the rchab1h1auon program fee 10 S0.1591~3 per thousand gallons per single farruly cqul\'lllcnt . Introduced. read in full. and passed on first reading on the 4th day or Ma). 2009. Published as I Bill for an Ordmancc m the City's official newspaper on the 8th day of May. 2009 . Published as a Bill for an Ordinance on the Cn)•s official website beginning on the 6th da> of May. 2009 for tluny (30) days. ATTEST: James K. Woodward, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Cl erk of the City of Englewood. Colorado, hereby cenify that the above and foregoing 1s a true copy of a Bill for an Ordinance. introduced, read in full, and passed on first reading on the 4th day of May. 2009 . Loucrishia A. Ellis • • • COUN CIL CO MM UN ICATION Date: Agenda Item: Subject: Ma, 4 100'I 11 a II Adopt a Procedure ror Protests oi Pr0p05ed Ballot Title and or Subm1ss1on Clause tor ln1tia th e. Reterenda and Reierred Meas ures Initi ated By: Staff Sources: Finance and Adm1msua1n e Sen rces Frank Grygle-.,KZ. Director 01 Finance and Electi on Co mmission/City Clerk's Office Adn11nist rau, e Sen ices and Loucrish 1a A. Ell is Cit, Clerk/Election Commission Member COUNCIL GOAl ANO PREVIOUS COUNCli.. ACTION Council has not discussed this previousl)'. RECOMMENDED ACTION The Election Commission discuned this issue at its March 4. ~009 meeung. The City Clerk's Office and the Election Commission seek Council approval of a bill for an ordinance to amend the Englewood Municipal Code 2000, by adding Title I. Chapter 8, Section 8: Protests of Proposed Ballot Titles and/or Subm ission Clause fo r Initiative, Referenda and Referred Meuures. An\' registered elector desi ring tJ protest a proposed ball ot title a11 d/or submission clause for an\' initiated or referred measure may file a \\'Olten protes t in the office oi the City Clerk. Said notice of protest sha ll be filed no la ter than S:00 p.m. on the Fridai• 1mmedlatelv preceding the date upon \\ilich tl1e City Council will consider the ordinance, on fina l rea ding. selli ng the ba ll ot titl e and/or submission dause. The notice ot protest shall set forth \\1tl1 particularity the grounds oi the protest Such protest sh~II be heard. conside red. ,111d re,olved b1 the Cit)' Council prior to the adoption ol said ordinance. BACKGROUND Colorado Revised Statutes § 31-11 • 1 11 {4) .. .ln111atl\ es. relerenda and rererred measures • ballot titles, sta les tha t ·any protes t concerning a ballol 1it le shall be conducled ,,~ provid~d b1• locJI charter, ordinance or resoluuon. • We currenth do not ha,·e anrthong in pla ce to address a ballot litle protest FINANCIA L IMPACT None LIST OF ATTACHMENTS Engle\\ ood Elecuon Commission Minute\ o r "l<11c h 4, WCl'I Pr oposed Bill for an Ordinance • • • 1. Call to Order City of Englewood ELECTION COMMISSION March 4, 2009 City Manager's Conference Room• ,h,, J Floor EnglewOOd Civic Center 1000 Englewood Parkway Englewood , -:o The meeting of the Englewood Elechon Comm1ssIon was called lo order by Chairperson Lay at 5 30 pm 2. Roll Call Present Absent A quorum was present Members Lay , Bronson. Jensen, Elhs Member Nabholz Also present Deputy City Clerk Bush (Clerk's 1101e Membe• Nabholz was unable to auend due lo her won< schedule She met wrth City Clerl< Elhs and Deputy City Clerk Bush, earlier 10 the day on March 4 , 2009 lo discuss the items on this Agenda and was 10 agreement with the suggested recommendal1ons) 3 Citizen Forum There were no v,s,tors present 4. Consideration (al Protest s of proposed ballot titles for Initiative, referenda and referred measures C,ty Clerk Eilis explained that in reseRrchlng specifics of the lnlt1ative process, she came across CRS § 31-11-11 1 (4) .lnihauves, 1ete,enda and 1eferred measures. ballot mies, which states tha' • 3ny protest conce,nIng a ballo1 btle shan be conducted as provided by local charter, ordinance or resolution" As we ct•.,.ently do not huve anything In place to address a ballot bUe protest, she sa,d, I am asking the Elect10t1 Commission to recommend a protest procedure Kerry put the question out on our c lerk's hstserve and we found some language that we think Is appropnate CRS § 31-11-103 (4 ) Def111it1on· "Subm1ss,on dause· means lhe language that 1s attached to the btle to form a queshon that can be answered by ·yes· or ·no· Based on this dehmtion, Ms Ellis suggested the procedure include the temn ·submIss,on clause· Ms Ellis also wanted to be certain that the Comm ission under~tands thal this is fo r protests for Imtial1ve refere nda and referred measures only, not recall We will be requesting lhat the protest deadline be lllduded tn the ord,nance nself Alter Council approves an ordinance, setting a ballot question, on hrst reading, the ordinance win be published ,n full In lhe Englewood Herald and on the City of Englewood s webSlle This will provide not,ficallon of the deadline to the cllizens Discuss,on ensued MEM BER LAY MOVED, AND MEMBER JENSEN SECONDED, TO RECOM MEND TO CITY CO UNCIL THAT THE BALLOT TITLE PROTEST PROCEDURE P.-AO AS FOL LOWS: Englewood Election Commission March 4 , 2009 Page 2 PROTESTS OF PROPOSED BALLOT TITLE AND/OR SUBMISSION CLAUSE FOR INITIATIVE, REFERENDA AND REFERRED MEASURES, ANY REGISTERED ELECTOR DESIRING TO PROTEST A PROPr<;ED BALLOT TITLE AND/OR SUBMISSION CLAUSE FOR ANY INITIATED OR REFERRED ME '>URE MAY FILE A WRITTEN PROTEST IN THE OFFICE OF THE CITY CLERK, SAID NOTIC~ ,• PflOTEST SHALL BE FILED NO LATER THAN 5 :00 P.M. ON THE FRIDAY IMMEDIATELY PRE(·. JIil, THE DATE UPON WHICH THE CITY COUNCIL WILL CONSIDER THE ORDINANCE, ON f-lNAL Rl;~DING, SETTING THE BALLOT TITLE AND/OR SUBMISSION CLAUSE. THE NOTl'.:f, OF PRO rEST SHALL SET FORTH WITH PARTICULARITY THE GROUNDS OF THE PROTEST. Sl1CH PRl TEST SHALL BE HEARD, CONSIDERED, A 'II D RESOLVED BY THE CITY COUNCIL PRtr•• TQ THE ADOPTION OF SAID ORDINANCE. Chairperson Lay asked If there was any discussion. Member Bronson said I thmk we covered It al It is fair, it has a cut-oN point and d City CouncJl wants 10 eX1end then they can do thal Voto results: Ayes: Nays. Absent ,...,.,.,on carried 6. Dlscusalon Members Lay, Bronson. Jensen, Ellis None Member Nabholz (a) Recall Effort · Proce duros City Clelk Er.:s stated the memo to the Election CommlssiOn, dated February 26. 2009. provides sooie basic, initial information regarding the recall That Information wiH bee( Tie a part of the record of this meeting . Kerry and I have been doing research, rev,ew,ng the Coloraou Constitution, the Colorado Revised Stalules •Title 1 and Title 31 I have also conferred with City Attorney Dan Brotzman and Colorado Munlopal League General Counsel Geoff Wilson Pursuant to our Charter, we would co~duct a Recall Elecilon and if It was successful, v.'a WO!Jld then conduct a Vacancy Election, she said. In the February 26, 2009 memo I staled ·u the pebt, " ts filed within the tune frame Stledfied end Is deemed to be sulf1C1ent, City Council must set a date for the RecaR Election , to be held not less than 60 days nor more than 120 days after the filing of the recall pet,1 ,ons". Depending on when the petitions ore turned In, wa would be looking at a spec.a l election In July or Augusl In scheduling a Recall or Vaca ncy Elechon we have to remember that our Charter §14 prohibits soldlng a special election within 4 5 days before or alter a general municipal or state election However, she sa,d there ts another I• l•ne tssue we need to wnslder Cotorado Revised Siatutes § 31· 4 -503 (4) states that .. ·11 a regular el, to be held within 180 days after the date of submission of the petlllon. the recall electi on shall b~ , s a part ol said regular election: except tha~ If the officer sought to be recalled Is seeking reelectlo, said regular election, only the question of such officers • • reelecbOn shall appear on the ballot' And CRS § 31-4-503 (4 5) states that 'a recall electlon pursuant to this pan 5 may only be conducted as part of a coordinated election H the content of the recan election ballot 1s finally determined by the dale for certification of the ballot content for the coordinated election to the county clerk pursuant 10 section 1-5-203 (3r It has been determined 1h31 we can subm,t a recan queshon on a coordinated ballot and, gr,en the tlmeframes we are looking at, the content of the recall eloction ballot would definitely be determined by the date I am required to certily my ballot content to the • Arapahoe County Clerk, which Is 60 day~ pnor to th e elecbon ... Septemoer 4 , 2009. The statement ol defense must be suom,tted to the Cily Cler• by 5 00 p m. on March 10" We hope to finalize the pehtlons by Fncay. March 13" Ms BartnlCk has 60 days to circulate the pet1t10ns If we issue the }'l!tJIJons on Msreh 13", they would be due back 1n the Clerk's Office by s·oo pm on May 12" May 7"' is 180 days prior 10 the November 3, 2009 General Mun,c,pal Elect,on So, If she were to turn ,n the pe11t10ns • • • Englowood Election Commission March 4, 2009 Page 3 between May;~ aid May 12• aM they are oeemed 10 be sufficient we wou1d have 10 submrt the recan quesuons to the November ballot and Mayor Woodwaro would only appear as an officer up for re• election Ms Ellis said f have asked Ms Bannock to provide me with the name and address cl three to five persons wno will comprise the "committee" They must be registered electors of the C11y of Englewood and for Coune1I Member Jefferson's peUt10n they must be registered electors In OistrlCI 1 CRS § 31-4-502 (1) (a) 11). "Each pebtion shall des,gnate by name and address not less than three nor more lhan five persons referred to ,n this sect,on as the ·committee-, who shall represent the 5,gners !hereof In an matters affecting the same· I will need this ,nfonna!ton pnor to finahzJng lhe pet,llons Cha1rperson Lay as~ed did you call her Ms Ellis responded that I emai led her last week As or this date, I have not heard back from her with this infonnallon I will be contacting her again to let her know that I need this ,nformabon Because of the vaoous p:,sslbthties, I am asking lhe Elecuon Convmss,on 10 authonze me lo folOw CRS TIile 31 and the "Colorado MunIe1pal Elecllon Code of 1965" as I adm1n1Ster the first segment of this recaU etton. If II becomes clear that we are working within the timeframe ol 160 days prior to the November election, I would like the Commission to authorize me 10 follow lhe "Uniform Election Code of 1992", as that Is the Election Code Arapahoe County will be following . It we end up conducting our own election, I would like approval lo conduct a Mail Ballol Elect.Ion 1n accordance with the "Colorado Municipal ElectlOn Code ol 1965" and the "Uniform Elecllon ~ of 1992· Article 7 5 "Mail BaDol Elect,ons• Ms Ellis staled we have received a Council Request asking for election costs assoc1aIed with the recall process (l.e the recall election. the possible subseque nt elecl1on lo n11 vacancies, and any other associated costs ). She stated that I think we are the only mumc1paltty that conducts separate recall and vacancy elections. We have been survey,ng vanous municipalities regard,ng cosls assoclaled with special elections Based on the informallon lhey have Shared with us , ,1 appears we would be looking at a minimum between SJS,000 00 and 550,000 00 for each elecuon. If we were able 10 coordinate the recall elect10n with the County's November 3, 2009 elecl10n. the costs would be mmimaf Our recall In 1997 was conducted by mail ballot, as the Comm,sslon determined that was appropnale as lhe Council member the cihzens were attempting to recall had been elected by m?il ballot In today's world, we have another consideration Registered electors now have the choice of signing up as a penn2,1enI mall ballot recipient II we were 10 conduct a polling place elecllon. wA would still have to honor the requests fnr a pennanent mai l balloL We would end up condudlng a po(llng r'ace and a ma8 ballot eltlction at the same \U11e and the costs would increase substanbaUy We could have the possiblldy of having three elecbons thlS year; the recall elect,on, the vacancy electron and lhe November general electJon. It is a very comphcaled process MEMBER JENSEN MOVE D, AND Mt::MBER BRONSON SECONDED , TO AUTHORIZE THE ENGLEWOOD CITY CLERK TO FOLLOW THE COLORADO REVISED STATUTES (CRS) TITLE 31 ANO THE "CO:.ORADO MUNICIPAL ELECTION CODE OF 1965" DURING THE INITIAL PHASE OF THE 2009 RECAU EFFORT; TO CONDUCT A MAIL BALLOT ELECTION IN ACCORDANCE WITH THE "COLORADO MUNICIF-AL ELECTION CODE OF 1965" AND THE "UNIFORM ELECTION CODE OF 1992" ARTICL E 7.5 "MAI L BALLOT ELECTIONS" IF IT IS DETERMINED THE CITY WI LL BE CONDUCTING A SPECIAL ELECTION; AND IF IT IS DETERMINED THAT WE WOULD MEET THE TIMEFRAME OF 180 DAYS PRIOR TO T~E NOVEMBER ELECTION , THAT AT THAT PO INT THE CITY CLERK WILL BEGI N FOLLOWIN( iE "UNIFOR M ELECTION CODE OF 1992" AND BE .~LLOWEO TO COORDINATE WITH ARAPAHOE COUNTY IN NOVEMBER. Ayes Members Lay, Bronson Jensen. Ellis Nays None Absent Member Nabhotz Mot,on carr•ed Englewood Election Commission Marc h 4, 2009 Pa ge 4 Ms Elhs said I would like 10 address three other issues lhat have come up I have received questions regarding the truthfulness of the charges, d a Council member Is recalled can they run 10 fill the vacancy and can add1honal recall efforts be launched aga,nst them? Ms Enis pasfed oul copies of the fotlow,ng cites CRS 31-4-502 ( 1) (a) (I) the elecfO!S shall be Ille sole and exclustve 1udges of Ille legality, reasonableness, and suff1C1ency of the grounds assigned lor recaD and sad grounds shall not be open 10 review•, Colorado Const1tut1on, Artlcle XXI, Section 3 • Case law "Recalled officer may not succeed himself. Home-rule cities may provide for an eleC110n system In which candldales may be el!!C!ed by a plurality vole. They may nol, however, make II possible to frustrate the will of the majoriIy by allowing a recalled officer to succeed himself. Bernzen v. City of Boulder, 186 Colo 81,525 P.2d 4 16 (1974)', and , Colora do Constltulion, Article XXI, Section 4. • ... After one recall petition and election, no further petition shall be filed a9aI .1 the same officer during the term for which he was elected, unless the petitioners signing said petition shall equal fifty percenl of the votes cast at the last preceding general election tor all of Ille candidates for the offi..--e held by such officer as herein above defined'. She said I wanled to be certain that you aa received these cites Ms Elhs said anything lo do with electiOns ls not black and white ano you Just try to do the very best thal you can We just try to be fair, everyone Is lreaIed the same and given the same Information (b) No vember 3, 2009 General Munlcl pa l Election City Cl erk Ellis said we are asking that you recom mend 10 City Council that we coord inate with Arapahoe County for our General Municipal Election. We anticipate II will be a mall ballot election held in aocordance with the "Uniform Election Code ol 1992" The Elechon Commission has, since the inception of the Coordina ted Elecllon, made this recommendat10n 10 Council based upon the belief that this Is In the best interest of our citizens. Ms Elhs noted that we antic,pale Counal w,IJ refer a Cha~er question to the ballot concem,ng term limits and we have had one inquiry regarding the loitlahve process We have 3 Council seats up for elecbon "' November: Al-Large (one vacancy), Dislncl 2 and District 4 In addition, lhe Municipal Judge sea l Is up. We have two candidates decla red al this point In time· Jerry Furma n. At-Large and Richard Gillit, District 4. Council Member John Moore. District 2 Is term limited Candidate packets will be available July 1• and co pies will be mailed to the Commission members Ms Elhs passed out some lnformawn regarding Amendment 54, as provided on the Colorado Department of Personnel & Admmistrauon wetstte hUr llww-11 colorado gov/dpaldlp/scolcontracts htm She explained that this amendment lo the SlaIe Const1IIAK'n concerns restnctions on campaign contributions from sole source contracts awardeo by st~te or local governments without competibve bidding. Because of the broad scope of the Ame~~ment and the difficul!Jes associated with prepanng a complete list of sole source contracts, she said, the only thing we ca n do Is provide the information to candidates and issue committees lo make them aware ol the restrictions She also provided a copy of a Rocky Mountain News article dated January 29, 2009 entitled "Amendme nt 54 challenged". The purpose of including this art icle, she said. Is to provide Insight Into some of the issues Involved with this Amendment. MEMBER LAY MOVED, AND MEMBER BRONSON SECONDED, T O RECOMM END TO CITY COUNCIL THAT TH E CITY OF ENGL EWOOD PARTICIPAT E IN A MAIL BALLOT COO RDINATED ELECTION WITH ARAPAHOE COUNTY ON NOVEMBER 3, 2009. Ayes Members Lav, Bronson. Jensen, Ellis Nays None Absent Member Nat:10lz Motion ca rried 6. Membor's Choice (a) Chairperson Lay said I have spent 30 yurs putt1119 on elections I no longer do that. and so Im not as up to oate, and elections laWS change constanUy Unless you are on top of II. rt ,s very hard to do this II can be very frustrating • • • • • • Englewood Eloctlon Commission March 4, 2009 Pages 7. Tr.1n1mlttal or Ml1celtanoous Items There were none 8 Adjournment The mee11ng adJOUmed at 6 30 p m i?&L~ Deputy City Clerk • • • ORDINI\J'-CE :-10. SERIES OF 2009 BY ALTHORITY COUNCU. BILL NO. 15 l?\'TRODUCED BY CO~CIL MEMBER A BILL FOR AN ORDINANCE AMENDING mLE I. CHAPTER 8, OF THE F'-IGLEWOOD MUNlCIP , CO~E 2000. ENTITLED "MUNICIPAL ELECTIONS" wm1 THE ADDITION OF A NEW SECTIONS. WHEREAS. Colorado Remed S1a1u1e§31-1 l-l l l(4) comrols a pro1es1 ConcCffWlJ a ballOl 1i1le: and \\ l!EREAS. !hat S1a1u1e pro,id~ 1ha1 such protests be conducted "as provided by local chancr. ordinance or rcsoluuon": and WHEREAS. 1he Englewood Municipal Code does nol currcn1l y address 1his issu~ nnd must iJc amended 10 do so. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS: ~-The Cuy Council of 1he Ci1y of Enidewood. Colorado hereby au1honzes amending Tille I. Chapter 8, of the Englewood Municipal Code 2000 "1th lhe adduion of• new Section 8. cmi1led "Pro1cs1s of Proposed Bnllot Titles and/or Submissio11 Clause for l11i1ia1ive, Referenda and Referred Measures" 10 read as follows: 1-8: MUN ICCPAL ELECTIONS l;I.I: Pce1cu1 of Pmpg,cd Rellnt Iilln ee4ter Svhmlnleu Clevis for lnitl■Urc Rdcrcode eed Bckrrrd ~Jcewcrs Anx Citv of Envlswood rssi&1ere<l elector dcsirinn 10 orotest n oroop scd.Jml~,, title and/pr ,uhmissioo cl@Y§£ for anv initiatc4 or referrn! measure maY file e writtsn omtsSJ in tbs office of th£ Cit\' Clerk Said nouss of nm1n1 shall be fils:st oo lat« thnu s·oo am. on the Fridax 1mmsdiateh' orecsdin v ths date uooo which the Cuv Council »ill consider the orrliMOS£ on final readinv I Lins the bPllot title nod/or submission clause The notice of orotcs1 ~holl set fooh with PPOHwlfl@riLY Uts grounds ofthG Q[9\S$1 Such PC9lC$1 shall be heard considered, M4 £S$91Yssl bY the CU>' Council onor 10 the ndoo1iw, of eid ordinaw ~ Safe1v Clauses. TI1c C11y Council hereby finds. deterrnoncs. and declares that this Ordinance is promulgated under the general police power of the City of Englewood. that it is promulgated for the health. safety. and welfare oi lhe public. and lha1 ibis Ordinance is necessary for the prescr\'ation of health and safety and for lhe pmlection of publtc convenience and welfare. Tite City Council further determines thn1 1he Ordinance hears a rotionnl relnt,on 10 the proper le~islative obJCCt sought 10 be obtained. • • • ~ Se\'erabih1,. If any clause. ~en1ence. paral!fllph. or pan of 1h1s Onhnance or the apphca11on thereof 10 ani• person or c1rcums1ances shall for an1 reason be adjudged by a coun of compc1en1 JUrisdJcuon lR\'nlid. such JUdl!l"Cnl shall not atTec1. impair or an validate 1hc remainder of 1his Ordinance or i1 applicauon 10 01hcr persons or c1rcums1ances. ~ lnconsis1en1 Ordjnnnccs. All 01hcr Ordinances or ponions thereof incons is1em or con0ic1ing with this Ordinance or any ponion hereof arc hereby repealed 10 1he ex1en1 of such 1nconsis1cncy or conflict. ~ Effect of repeal or modjfjca3jon, The repeal or modifica1ion of an)' provision of the Code of the City of Englewood by this Onhnance shall 001 release, cx1inguish. a her. modify. or change in whole or in pan any penalty, forfeiture, or liability, either civil or criminal. which shall ba\'C been incwred under such pro\isaon. and each provision shall be ll'Calcd and held as Slill remaining in fore(: for the purposes of Ml.lining any and all proper aC11011$, suits. proc=ings. and prosecutions for the enforcement of the penalty. forfeiture. or liabiluy, as well as for the purpose oi" sUSlaining any judgrncn1., decree, or order which can or may be rmdered. cn1ered. or made in such ae1ions, suits, proceedings. or prosecutions. lnltoduced, read in full, and passed on first reading on the 4th day of May, 2009. Published as a Bill for an Ordinance in 1hc City's official newspaper on 1hc s•· day of May. 2009. Published as a BHI for an Ordinance on the Ci1y·s official websile bcGinnlng on the 6th day of May. 2009 for thiny (30) days . James K . Woodward. Mayor ATTEST: Loucrishia A. Ellis. Ci1y Clerk I, Louc rishin A Ellis, Cily Clerk of the Cily of Englewood, Colorado, hereby ceni fy 1h01 l hc above and foregoing is a true copy of a Bi II for an Ordinance, iniroduccd, read in full. and passed on first reading on the 4th day of May, 2009. Loucnshia A. Ellis • • COUNC IL COMMUN ICATIOI\' Date : Agenda Item : Subject : Ma, 4, ~009 11 a Ill Urban Area Secuntv Ini tiative . Int ergo, ernmental Agree men t Initiated 8)': I Staff So ur ce: Fire Department Mi chael Pa tta rozzi, fir:: r-• ,,ef -- COUNCIL GOAL AND PREVIOUS COUNC IL ACTION Counci l approved an Intergovernmental Agreement IIGAI 1\l th the C111 and Co unt\· oi Dem er rega rdi ng the Urba n Area Securit, Ini tia ti ve /UAS II 1n 200 4 Tiu, IGA supers des th e previo us agreement. RECOM l,,t ENDED ACTIO~• Staff see ks Council 's appr01 al 0 1 th e attached Int rgm mm nial AW ement 101 an Urban Area Securit · Initiati ve . BACKGROUND , ANALYSI S, AND ALTERNATIVES IDENTIF IED The Urba n Area Securi11 lnitiat i, e consists o reg ional murn cipal and co unll governmen ts th at wor~ cooperativelr to prepare and pla n 101 po tential terroro\t; and weapons ot mass des truc tion eve nts . Th e propose d IGA will enable th e Citv of Englew ood and the 111 ,ind Count\ of Denver to cooperate as defined in th e "Recitals " oi the atta ched agr ee111en t. Hlsl ori c,,I!\, th e Cu, oi Englewo od has act ivel)' participated in developing th e UASI reg1Ma l 11,11 g, plan, 10 incl ude • Reg ional communica tion in teroperab ilit\ • Regional response prot ocols in th e advent 01 a t •rr on t ,111 ,IC ~ • Reg io nal public education programs ior ci tizen preparcd1ws The proposed IGA will enable the Ci t\· of Englewo od and th~ 111 aud o unt 1 01 Dem ~1 t cooperat e as define d in th e "Reci ta l," of th atta ched a~r ee m 111 Th ~ IC.A " Ill all " th e 1t, and Co unty of De nver to act as th e co ordinatin g and purchasin ~ agPn o 1nr l ll\SI ~rani, Fl ANCIAL IMPACT Staff 11m e is req uired ior the de, elopment and submission 01 gran t apr,h a11<tr1 \, 110 mr p;1r11ci p,1 11 011 in UASI activities. The potential for grants to assist in prepara ti on 1ur ,1n11-11 •rrm1>1 ,md WMD respon ses can be signiiicanL especi allv in the areas 01 equ1pm e11t . 1ra111l11g and c111,~n pr epareci~ess . LIST OF ATTACHMENTS • Proposed Bill for an O rdinance ORDP'\ASCE !\O SERIES OF 1009 B\' ALTHORm COUSCll BILL 'IC\ 1 \ f\.TROOl'CLI) IW Col '\Cit MEMBfF A Bill FOR A."-ORDISAKCE AUTHORIZING M L',TERGOVERNME,7 ._L ._GIUI,11, I !l Rll \\ AREA SECURJl,' INITlA TIVE) BElWEEl\ THC cm· A.1\1) COL'\T)' OI Ill \'\'LR. COLORADO M'D THE CITY OF ENGLEWOOD. COLORADO , \11iEREAS. the Dem-er Urban Socun1~· hu11a11ve ~m pmces, he1"111 m 100J. and continued in 2004. 2005. 2006. and 200;: and WHEREAS. die Englewood Cil)' Council authonzcd o Urban Arco Secunl~ ln111011ve w11h Denver by the passage ofOrdinnnce No. 20. Sencs 2004 . and \I 11£REAS, the Cuy and Counl) of Den,·er. 1hrougb the State of Colorado. has cooperativcl) worked 10 iden1ify and include those junsdictions and public safety and health agencies conti~,uow to Denver that shou ld be incl uded in o Joim cffon to prepare and plan for po1entinl terrorist and urban area C'\'Ctlls: and WHEREAS. approximately SJ 5 nulhon was awarded to tlus rqnonal effon m 2003 and appmxim,11cly SS million in l004; nnd \I 'HEREAS. EnGlewood bas hem a ,·e~· active parucipam an t.lus process. hnl'lnl! helped de,·clop the stn11cgic plan. and the commun,canons plan. and 1s prepanng ta coordinate the public informauon c!Tons. lllld WHEREAS. 10 date, Englewood has also hem identified 10 receive over S700.000 for an upl'flld C 10 our Safety Scrv1ces commurucanons systems; and \\1iEREAS. b)' the approval of t.lus Ordinance the City Council of the Cu~ of Engl..,.·()(><, authorizes an in1 crgovcmmental ogrccmem \\1th 1hc Cily of Denver for the purpose ofbccomm~ o pamcipaung panner an 1hc Urban Arca Securi•y lmuauve as required by the Un11cd Sllltcs Department of Homeland Seeunty and the SU11c of Colorado Office of Preparedness. Secunt) and Fire Safct)~ NO\\'. THEREFORE. BE IT ORDAINED BY THE cm· COUNCIL OF TI-IE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS : ~ The lntC!Jtwemmema! Agreement 'liroan Area Seeunty Iniuauvc). anacltcd hcrcta as Exhibit A, is hertb) accci,1ed and approved by the En11Jcwood Cuy Council ~-PursUAlll 10 Anicle \'. Section 40 of 1hc Englewood Home Ruic Chaner. 1hc CU) Council hu de1cmuned lha1 Exbib11 A. 1111cbed IP llus Ordmancc. shall not be pubhshed bccawc of us \'0lurne. A cop)' ,s a\'ailable in the Office of the Enplewood C11y ClerL • • • • • • ~ 3. The Mayor and Cui Cieri: arc authonzed to execute and ancs1 said A!?fCcmcm for and on behalf oflhe Cui of Englewood lnltOduoo!. read in full. and passed on first reading on lhc 4th day of Mai . 2009. Published u a Bill for an Ordinance m lhc Cny's offietal nev:spapcr on the s• day of Ma)', 2009 Published u a Bill for an Onlinanccon lhc Ci1y·s official wcbsi1e beginning on the 6th day of Mai. 2009 for lhiny (30) days. ATTEST: James K. Woodward. Mayor Loucrishia A. Ellis, Cuy Clerk I. Loucrishia A. Ell is. City Clerk of the City of Englewood, Colorado. hereby cenify that the above wd foregoing ,s a ll'IIC copy ofa Bill for an Ordinance. introduced, read in full. and puscd on first reading on the 4• day of May. 2009 . Loucrishia A. Ellis INTER GOVERNMENT AL AGREEMENT (U r ban Area Security Initiative) T HIS INTERGOVERNMENTAL AGREEMENT dated _____ . 2009 is 1,r.twecn the CIT\' AND COUNT\' OF DENVER, a municipal corporation of the State of \. olorado ("Denver'), and the CllY OF ENGLEWOOD, a municipal corporation of the State of Colorado (that municipal corporation, the "Sub-grantee"; that intergovernmental agreement, lh~ "Agreemen1''). RECITALS A. In 2003. 2004 , 2005, 2006, and 2007 the U.S. OHS awarded Urban Arca Security lnitiativr grant.s to Denver that were passed through to Denver by the State of Colorado. B. The State passed those UASI funds through to Denver pumwit to the Master Contract dated May 7, 2003 and that terminated on Moy 7, 2008. C. The State will no longer pass individual UASI grant awards through a Master Contract. Rather, it is anticipated that on an annual basis the State will pass the UASI funds through to Denver through separate grant awards to be executed by the State and Denver in the fonn of a Grant Agreement. D. The plb'jlOse of the UASI grant.sis to allow the Denver Urban Arca to prepare for and to enhance it.s capacity to prevent, mitigate, respond, and recover from terrorist attacks involving chemical, biological, radiological, nuclear or explosive (''CBRNEj devices; respond to natural diSBS1crs; and if such incident.s occur, to improve the ability of &tate and local emergency ocrsonncl to respond to them. E. The UASI grant.s contemplate that Denver and local governments will cooperate in the purchase of emergency responder equipment, planning, conducting and evaluating CBRNE exercises, establishing CBRNE-related training, planning associated with the completion of the Urban Asea Homeland Security Strategy, and management and administration associated with the implementation of the overall Urban Arca Security Initiative for the benefit of the entire urban area. F. Denver and jurisdictions in the Denver Metropolitan Asea have formed the Urban Area Working Group to achieve the plb'pOses of the UAS I grant.s. Page I of 10 I IUASl,tO,.Cilyo/EnJlcwood • • • • • • G. As Oen\'er continues to be an eligible recipient (lf UASI grun1S, Deuvci will continue to he rcsponsfblc for acquiring equipment and procuring necessary training for the needs identified by the Urban Area Working Group. H . Consistent with the principles set forth therein. the parties enter this !GA . NOW, THEREFORE. the parties hereby agree as follows: I . PURPOSE. The purpose of this Agreement is to implement the scope of work and project summaries set forth in each Grant Agreement, and in a timely manner complete the wc,rk as set forth therein, and LO implement and achieve the project goals and objectives as set forth in each Grant Agreement. The Grant Agreement for FY 2006-2009 is incorporated and a partially executed copy of il is attached as Exhibi t A. Upon execution of each future Grant Agreement, without further action, upon the effective date of each f '!Ure Grant Agreement, each will be incorporated by reference in to this AgrcemcnL As th~ 1·. :picot oftbe UASI grants, Denver has undertaken respoDS!'bility for administering the UASI gratilS and for procuring equipment, supplies, and training in accordance with a budget and p~ ;ities established by the Urban Area Working Group with the concurrence of Denver as the Core City and County. The parties enter into this Agreement to accomplish the purposes of the UASI grants . The availability of funds and the terms of this Agreement are subject to each Grant Agreement and to the applicable federal and state laws. rules and regulations governing those agreements . 2. DE FINITIONS. a. Bylaws means those of the Urban Area Working Grc,up, including duly authorized and executed amendments thereto. b. Core City is defined by the UASI grants as the City and County of Denver. c. Core County is defined by the UASI grants as the City and County of Denver. d. Grant Agreement mcaru the Start of Colurado , Go,-emor 's Office of Homeland Security (OHS) Urban Area Securir;i• lnitiari,-e Gram Pragram Gron/ Agreement with the City and Coumy of Denver, amendmenlS thereto, and any successor agreement, through which U.S. DHS VASI grants arc passed through from the Stare 10 Denver. e. Include, includes, and induding arc to be read as if followed by the words "without limitation'' unless specifically qualified by words of limitation. f Parry and parties refer only to a named party 10 tlus Agreement. Page 2 of 10 11 UASl,IOA.Chy of EJ>1- g. Stare means the State of Colorado. b. Stare Adminisrrarive Age11cy Poi111 of Conracr m= the person designated by the Director of the Governor's Office of Homeland Sccurity(OHS) Urban Area Security Initiative Grant Program or such other person of the State agency, depanment, or division duly designated by the State. ~ Sub-grantee as used in this Agreement means the second pany member jurisdiction entering this intergovcn nental agreement with Denver. J. UASJ means Urban Arca Security Initiative. k. U.S. DHSmeans th..: United States Department of Homeland . I. Urban Area means the City and Cou.,ty of Denver and the governmental or quasi- governmental jwisdictions contiguous to Denver an,J other jurisdictions approved by the Urban Arca Working Group consistent with the Urban Area Working Group Bylaws that provide law enforcement, emergency medical services, ernerg-:.,cy management, fire service, haurdous materials response, public works services, or public health scTViccs. • m. Urban Area Working Group consists of rcp1escntativcs as set forth in the Bylows, as the same may be periodically amended. Toe Urban Area Working Group is responsible for coordinating development and implementation of all progam elements, including the urban area • assessment, strategy development, and any direct services that are deliverud by U.S. OHS. 3. ROLES AND RESPONSJBn..JTf.ES . a. Urban Area Working Group: (J) Toe Urban Area Working Group is governed by the Byl aws of the Urban Area Working Group and shall perform all obligations under this Agreement in accordance with the Bylaws. A copy of the most recent Bylaws is attached and incorporated as Ex.hlbit B. For each USAJ grant awarded, and as otbetwise may be necessary, the Urban Area Working Gro•1p s.hall approve a budget for expenditure of funds. The Urban Area Working Group has authority to remove any member jurisdiction that does not actively participate in the Urban Area Security Initiative by $:riding representatives to the Urban Area Working Group meetings orby failing 10 fulfill the jurisdictions' responsibilities under this Agieeroent (2) Toe Urban Area Working Group shnll perform security surveys; needs assessments; and sbal1 prioritize ~upply, equipment, training and exercise needs; and shall approve a budget for expenditure of UAS! grants al least annually. Page) of JO 11 UASI-KlA-Cny ol l:n&lewood • • • • b. C'ore C'ny and County. (I) Denver shall have responsibihry for applymg for and ~ecuring the UASl i:rants. for panicipatmg as a city and a count~ in the Urban Area Working Gn, .;i. and for conc:wring in lhe budgets apprm•ed by lhe Urban Arca Working Group. (2) Denver ma} use funds from the UASl grants for purchasing response-related supplies and equipment: management and administration of the grant. executing 1crrorism1\\ car,Jns of mass destruction e.~crcises and trairiog. including reimbursement of backfill and overumc for personnel costs: planning (risk assessment and strat~· development): reimbursement for operational expenses associated wilh increased security measures during dcsignat~ heightened threat alert levels. including overtime costs for personnel and those coslS: and for ma:ugcrnent a.,d administrative functions for the Denver Urban Arc:i. (3) The parties agree that funds from UASI granlS will be spent in accordance with the applicable budget prepared by the Urban Nea Working Group and concurred in by the Core City and County. BudgcL~ may be amended from time to time in accordance wilh the Bylows with the concurrence of the Core Cit)· and County. The parties agree 10 accept and be bound hy each applicable budget end the uses of the funds designated by the Urban Area Working Group. (4) In accordance with the budget and Denver's own procurement lows . rel!lllations and policies. from time-to-time. Denver will procure. or cause 10 be procured. supplies, equipment and services deemed necessary to enhance the security and preparedness of the Urban Arel, Denver agrees to grant or provide supplies, equipment. exercises and trainins. or to reimburse operational expenses for designated heightened threat alen levels all as budgeted a:nd approved by the Urban Area Working Group . to member Jurisdictions of the Urban Arca as Sub-grantees. subject to UASI grants being received under the Grant Agreement and appropriated by City Council. Exercise and training COSIS may include pcr1iOMCI expenses to backfill positions during such training and exercises. c. Sub-1,!1111ltee. (l) The Sub-grantee shall: (I) Participate actively in the Urban Area \\' ork mg Group: (Ii) Make 11s personnel. and any supplies or rquipmen1 procured with fund s from u AS! grants through each Grnn1 Agreement reasonably available 10 other participanL~ m the Urban Arca Working Group for training and response 10 CBRNE incidents: Page 4 of 10 I I UASl,IOA-CIIJ• oftnslewood (iu) Accept ti1le 10 and 10 main1ain all supplies and equipment received pursuwi1 to this Agreement in goon working order for the reasonably expected life-cycle of the supplies and cquipmenL orduwy use. wear nnd tear excepted: (h·) Submit requests for reimbursement c-f exercise. training and operational expenses. including overtime eosts for personnel, and those costs associa1cd with increased security measures during designated heightened threat alert levels on fonns rcqU:red by Denver and in accordance with the blidgct approved by the Urban Aiea Working Group: M Pro,~de all S111pplemcntal documentation tha1 may be required by Denver. and (,i) Maintain all records that may~ required by the terms of the UASI grants n.,d suue and federal laws, rules and regulations or by Denver. (vii) Comply with all terms of each Grant Agreemem. including the requiremenb of the UASI grants. • (2) This Agreement doe· 1101 warrant or guarantee that Sub-grantee will receive • any specific amoun1 of supplies, cquipr .11L training or reimbursement. Sub-grantee may receive more or less supplies. equipment, training or reimbw=ncnl depending upon the approved budget and Sub-grantee's ability to take advanlllge of the training in a umely manner. 3. TERM OF AGREEMENT. The term of this Agiecmmt commences January I, 2009 and continues through and including December 31, 2018, unless term.inatcd as provided for elsewhere in this Agreement 4. COORDINATION AND LIA ISON. Denver's point of contact for1he UASI grants is the Manager of Safety, who will serve as Denver's representative to the Urban Area Working Group. Owing the term of this Agreement, Suh-grantee shall fully coordinate all acth~ues and obligations related to or arising out of this Agreement with Denver, including the Denver Manager of Safety or his designee, or as otherwise directed by Denver. 5. AGREEME1''T AS COMPLETE INTEGRATIO N-AMENDMENTS . This Agreement is the complete integrotion of all understandings between the panics. No pri or or contemporaneous addition, deletion or other amendment has any force or effect, unless embodied herein in writing. Amendments to this Agreement will become effective when approved by both panics and executed in the same manner lS this Agreement. Page S of 10 I IUASJ.IOA-CnyofEft&lewood • • • • 6. TE RMINA TIOl'i OF AG REEME NT . Denver has the same rights the State hes under Section 17 of the Grant Agreement between the State and Denve1, except thm it shall exercise those rights in accordance with the procedures set forth in this Agreement. 7. STATUS OF PARTIES . Each party is an independent conuaaor to the other Neither party is an employee of the other. no officer. employee, agent or conn-actor of one party is an officer. tmployec, agent. or contractor of the other party for any purpose. mciuding unemployment compensation and workers' compensation. 8. WHEN RIGHTS AND R E MEDI ES NOT WAIVED. ln no event will perfonnancc by a party constitute or be construed to be a waiver hy that pany of any breach oftenn .. covenant, or condition or any default that may then exist o.n the pan of the otlm party. and the tender of any such perfonnance when any breach or default exists (or is claimed to exist) impam or prejudices any right or remedy available to the other party with respect t<• the lmacb or defau!L No asSCllt, expressed or imphed. 10 any breach of any one or more terms, covenants, or conditions of this Agreement is or may be construed to be a waiver of any succeeding or other breach. 9. EXAMINATION OF RECORDS. Any duly authorized representatives of the federal government, state government , and Denver, including Denver's Auditor or his representative, have the rights io access and examine any directly peninent books. documents, papers and records of Sub-grantee, involving transactions related to this Agreement until the expiration of seven (7) ~ from the end date of a date of each Grant Agreement from which Sub-grantee was provided wi:li ruppbcs, cquipmenL or funding. 10, RECORD!>' l!ETENTION . For at least seven (7) years from the end date of each Grant Agreement from which Sub-grantee was provided with supplies, equipmenL or funding, Sub-grantee shall retain all records required for or relatit J to each such Grant Agreement, including documentation and recol"is of all expenditures incurred under this Agreement. Retention for longer than the St.-ven years may be deemed necessary 10 resolve any matter th3t may be pending. This retention is for review by Denver, the State, and federal government, including any authorized representatives of these governmental entities . 11. ASSIGNMENT AND SUBCONTRACTING. Denver is not obligated or liable under this Agreement to any person or entity other than Sub-grantee. Sub-grantee shall not voluntarily or involuntarily assign any of its rights or obligations under this Agreement or subcontract performance obligations without obtaining express prior written consent and approval from Denver and the State of Colorado. Consent and approval may not be unreasonably withheld . Any attempt by the 5ub-grantec 10 assign its rights or lbligations or sul ~.itract performance obligations withoul this prior written consent will be v,id and, at Denver's opuon.. automaticall y terminates this AgrecmenL In the evcut of any unauthorized assignment or any Page 6 of JO 11 UASHGA-C .. yor f.n1lo:wood subconu-acuns: ti) the Sub-grantee remains responsible to Denver: and (ii) no conu-actual relationship exists between the City and such assignee or subcontractor. 12. INDE MN m ·. To the cx1eot authonzed by law. Sub-grantee shail indemnify. defend and hold Denver harmless against any and all claims. damages. liability and coun awards including coru, expenses. and attorney fees incurred as a result of any act or omission by Sub-grantcc. or its employees. ag-mts. subcontrae1ors. or assignees pursuant to the tmns of this Agreement. By executing this Agreement containing this indemnity clause, the Sub-gran tee docs not waive the operation of any law concerning its ability to indemnify. Nothing herein waives the rights. tmmunities. limitauons. or defenses afforded the panics by the Colorado Governmental Immunity Act. C.R.S. §24-10-101. e1 seq. as maybe amended from time to time. 13. COl'ffLICT O F INT EREST. No employee of either pany has or may have any personal or beneficial interest whatsoever in the services or propeny described herein. Sub- grantee shall not hire or contract for services ·, · an y employee or officer of Denver that would result many Vlolatioo of the Denver Revised Municipal Code. Chapter 2. Article rv. Code of Ethics, or Denver City Chaner pro,isions 1.1.8. 1.2.9, 1.2.12. 14. APPROPRIA T: ONS. The obligations of the parties under this Agreement or any renewal extend only to~ •.• '-:s appropriated for the purpose of this Agreement by the Denver City Council, paid into D~nver Treasury, and enc:imbered for the purposes of this Agreement By • execution of this AgreemcnL neither party irrcvocao!v pl edges present cash reserves for • payments in future fi;caJ years. and this Agreement docs not and is not intended to aea1e a multiplt-fiscal year direct or indirect dcb1 or financial obligation of either party. Denver's obligatio ns under this Agreemenr are further hmited 10 the fun ds made avai lable pursuant 10 the Grant Agreement and budget approved by the Urban Alea Working Group fo r fulfilling the purposes of this Agreement. JS.TAXES. CHARGES, AND PENALTIES. Denver shall not pay or be liable for any claimed intcrcsL la.le charges, fees , tUcs or penalties of an} oalllTt:. except as required by Denver's Revised Muni cipal Code. 16. GOVER'IIIN G LAW : VENUE. Each term, provision. and condition of this Agreement is subject 10 the provisions of Colorado ldw, the Chaner of the City and County of Denvl'r and the ordinances, and regulations enacted pursuant thereto. Unless otherwise specified , any general or specific reference to statutes. laws. regulations. chaner :ir code pro"isions. ordinances. executive orders (including memoranda thereto). or contracts, means statutes, laws. reb'lllations. chaner or code pro lisions. ordinances, and executive orders (including memoranda thereto) and contract as amend,-:; or supplemented from ume to umc and any corresponding provi sions of successor statues, laws. regulauons, chaner or code provisions. ordinances. or Page 7 ofl0 • • executive orders (including memoranda there10) and contracis. \'enue for any legal action rcl11ing to or arising out of this Agreement -.·ill be in the District Coun of the State of Col orado Second Judicial Distnct • • 17. NO THCRD PARTI' BENEFICl AR Y. The enforcement of the terms and conditions of this Agreement, and all rights of action rel a tins to enfon:emenL are strictly reserved to the parties. Nothing in this Agreement 1,~ves or al lows any claim or right of action by any person or other entit)' on this AgrcementS, including subcontractors. subconsultantS, and suppliers. Any person who or other entity other than the parties that receives scvices or benefits under this Agreement is 1111 incidental beneficiary only. 18. SEVERABILm'. Except for the provisions of this Agreement requiring appropriali~n of funds. if a court of compe1ent jursdiction finds any provision of this Agreement or any portion thereof to be iuvalid, illegal, or unenforceable. the v&:i,lity of the remaining portions C'r provisions will not be affected. if the intent of the panics can be fulfilled. I?. PARA GRAPH HEADINGS. The captions and headings set forth in this Agreement arc for convenience of reference only and do neither define nor limit its terms and may not be CODStrued to do so. 10. SURVIVAL OF CERT ArN PROVISIO NS. The terms of this Agreement and any clUlibits and attacbmeots that by reasonable implication contemplate continued performance, rights, or compliance beyond expiration or termination of this Agrecmcn1 survive this Agrc:mcnt ane -.~ti continue to be enforceable. Without limiting the generality of this provision. Sub- grantee's obligations to provide insurance and 10 indemnify the City will survive for a period equal 10 any and all relevant statutes oflimitation, plus the time necessary to fully resolve any claims, matters, or actions begun within that period. 21. L EGAL AUTHO RJTI'. The parties represent and assure that each possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action DCCCSSIII)', 10 enter into this AgrccmenL The persons OT person signing and executing this Agreement on behalf of a pany, rcprcsem J that he OT she is fully authorized to execute this Agreement on behalf of their jurisdiction and 10 validly and legally bind their jurisdiction 10 all the terms, performan et" ,.,rovisions herein set fonh . If thcr~ is a dispute as to the legal authority of either the Sub-grantee or the person signing this A l_'ICCmeol to enter into :his AgrccmcnL at its option. Denver may temporarily suspend or pmnancntly terminate this Agreement or both. Denver will 001 be oblipted to perform any of the provisions of this Agreement after it hus suspended OT terminated this Agreement as provided in this Agreement. Page 8 of 10 22 . COUNTERPARTS. This Agreement may be executed m counterpans, each of wluch when executed and delivered constitutes an original and togelher constitutes one and the same insuumenL IN WITNESS WHEREOf, the panies have caused this Agreement to be duly executed and delivered as of the date first above wrinen. ATTEST: B1·: • SccTE=-=P-c-HAN:-:-c-IE----Y-. 0-,-MALL---:-::E:-cY:-, -=c.,..Jc-rk- and Recorder. Ex-Officio Clerk of the City and County of Denver APPROVED AS TO FORM: DAVID R. FINE. City Attorney for the City and County of Denver By: ___________ _ Assistant City Anomey C tn' AND COU1'TY OF DE IVE R: By:------------ M AYO R RECOIIIM.E.1\l>ED AND APPROVED : By:------------ Director, Office of Emergency Management REGISTERED AND COUNTERSIGNED: By: __________ _ Manager of Finance Contract Control No. XC8A093 By. ___________ _ Auditor "DENVE R~ Page 9 ofl0 • • • • • INSf,RT SUB-GRANTEE SIGNATURE PA GE HERE CITY OF ENGLEWOOD, COLORADO James K. Woodward, Mayor I IUAS l,IOA .C:11)' of &la- ATTEST: Loucrishia A. Ellis City Clerk Page IOoflO I 1..1 1, r v lc.K OFFI CIAL COPY I ST ATE OF COLORADO Routia; ~ (IG.((1(1:: Encum brance #98H S7R7l 7 CFDM97.067 GOVER.I\OR 'S OFFICE OF HOMELAND SECURITI' (OHSJ URBAN AREA SECURJTY Tl\'lTIATIVE GRANT PROGRAM GRANT AGREEMENT "ith City and County of Den,·er TABLE Of COl'l,ENTS I. PARTIES ---------·----................................................................................... ' l . EFFECTIVE DATE AND NOTICE Of NONLIABILln'----------...... -.............. 2 3. UCITALS ____ ............................................................................................... ------2 4. DErlNmONs ___ ---------· .. -·-................................................................ 2 5. Tr.AM AND EAIU. Y TERMIN.~ TION ........ -------·--------... -............. l 6. STATEME1"T OF WORK _ ..................................................................................... ________ 3 7. MATCHING FUNDS -----------· .... -................................................................... 3 I , QJV.NTE.£~ANCIAL MANAQEMEJ-,T ...................... _ ····-·----· _ ........ _·---·~ 9. l'A YMENTS TO 011.A}lTU.. .................................................................................................................... -.......... 4 10. R£PORT11'1G AND ~CATION--.. -........ _________ .. _ .................................... ~ 11. GRAl•,TEE RECOIIDS ..................................................... -............ ____________ 5 12. CO!mOENTIAl. IJ,JORMA noi,;.sr A TE RECORDS ............................................................................................. 6 13 . CONFLICT OF INTEWT ....... ------------------....................... 6 l4.Rl':PR£SENTATIONS.WAIUlA1''TIES.A1''D ~NSP£CTIO'<S .......................... ________ 7 1S. l),ISURANCE.----·------·-........................................................................................ B 16. DEFAlll.T-BRl':ACH ..... -............... ______ .. _____ ..... _._ ................ _ .......... 9 17 . R£MEDIES.--·--....... -............. -........................................................................ _ ................... _ ..... 9 IS . NOTICES AND WR.ESENTATIVES __ ........ -....... --..................... -.................................................... _. 12 19. GOVERNME1"TA1. IMMUNITY ...... _ ............ ----.. ----·----·-·· .... •-· .. -• ll 20. MISCEU.ANEOUS. ___ .. _____ ................................................ -...................................... -•. ·-• 12 21 . COLORADO SPECIAL PROVISIONS .. _______ _ ___ ...................... 15 22 . SIGNAnJllES ............................................................... -................. --------....... -... ·-· 17 23. EXHIBIT A -APPLICABLE LA ws ____ ............ _ .................................................................................. I 24 . EXlilBITB -STAJDU:N'TOFWORK -GRANT APPUCATIO ...................................... 1 ., • EXHIBIT I A P•c• I ofl7 I. PAIITl[S THIS GR.-\1'7" AGREC\lE:-1 r·Grant'"i 1s cntmd 1010 b) end bc1wcc:, CII) and C.ount) oiDcn •er ('·Gr11n1,e"). and the STATF OF COLORADO (the "S1aic"\ oc 1in~ t,_, and thr~ugh the Go, mw's Om:, t•f llomelJnd Secunl) \1ht, ··Olfle<"i 2. EFFECTIVE DATE A!>D NOTICE Of ~Q!'(LJABILITI'. Th•s Grant shall no, be dfec11ve or enforccoMe until •PJ>FO\'ed and si~n•d ~) 1h, C~le>rado St31e Controller or au1hnri2cd delege1e ("Effecuve Om'"). but sh oll be effc:ctivc and cn for;cab le thereafter in a:rord3ncr wilh 11s pro.-isions The OOirr shall no1 b, obligaied 10 pa) or reimbu~ GrJnt•• fur •ni perfonnane< hereunder. inc1udini;. b-JI not limilc::l 10 costs or expenses 1n umed. or br bound b) ani pro,is,on of 1his Gr1111 prior 10 Tii, Effet11,·e Da1e; rr~,ided. hoM,·er. 1ha1 A, Authorized bi· Fu nding Aulhoril)· Prt·■"ard cons for a,p;o1•c.l budge! line iiems in the E.\hibil 8, which art r~l11cd IC ••;,ensts in tht Pc=nncl and M1111gm><n1 and Adminiw-:nion Solution Areas. ,ncum·d on n, aftC1' (le1~1-t• I ~00~ IN) be submined for reimbursemen, as irincurml oner the Effccu,•e Date. U. Non-Federal Funds All or some of the cosLS or ••pens•• ineur,ed by Grantee prior 10 the Effecuvc Da1e "11ith have bten or wi ll be paid with non-federal funds may bc included IS a J»n of Grantee's non-fed::al match rcquirc"10n1. stl forth hmin and in Erbibil B, if such com or e,pcllles arc pruperly documented as eligible expenses in accordmce with E1 hlbit B. J. RECITALS A. Au1boriry, Appropru1io1, Aod Appro,·al Authority for this Grant arim from CRS §24-32-2101 cl seq. Authority exist> in the law and funds hal'e been budgeied, appropriated and otheC"ise made a1•ailable and • sufficient unencumbered balance thereof remains 11•1il1ble for payment and the required appro,·a.l, clearance and coordination have been - ac.complished fiom and "ith 1ppropria1t •£encies. B. Gnni .. Grantee is an eligible recipient of Grunt funds made O\'ail,ble by 1h, Program, BS ~•fined below, and awarded bl' this Grant. C:, Purpo>C a~d Olfitt's Roi• ~ Office administers funds made al'lilable for the PUJl>OSC of enhancing Homeland Srcurity-related prevention, response and roco,·cry capabllities 1hrou&hout the S111e, 4. DEFIKITIONS Th< follo"i ni terms BS used hmin shall mean and be used. co11Suued, and interpreted IS follo~s: A. Effeeli<t Da te Effective Dal< means 1),e dait this Grnn1 is effcc1ive or,d enforceab le in acco• lance with §2 above. B. E,hlbits The following e<hibi1>.,. anachcd hereto and incc,poroled by reference herein· Exhibit A (Applk11ble Laws) ••d E1hibi1 B (Stotemeut of Work). C. Goods Goods means any physical item prodl.ctc! or mnnufactured and :acquired bJ Gr-Jnlee enher ,ep.iratel~ N tn c~nj:.mctian "iih the: Scn·icts rt-ndtrrd hereunder tluu are required b) th~ pro,·1siom ~rt0r. D. Grant Foods Grnnt Funds mt:ms th~ funds 2,•.sil1bh: for di~1rih1 1t1{\n t,, the O!!ic.c 10 G::i:m:r for t.~t in connc.-1.·tion \' ith 1he Proje,1 dm1ibed in Exh ibi1 B. . E. rarl\ ur Parlits PJn; or Pan1<s means unt or both oflhe Off,ce and Gr.m:e,:- f . Prog ram Proar11m means the fede ral or st.ale funding for this Grant. G. Projw rrojett m,ans the Projtct dtscribcd in the fahibil B. Pa~• 2 ofl7 • • • IL rrojtct Budge: ProJC CI Bu dge1 lll t!.JM th~ r,o,l·~: ri ud ge'. di:s::-i~~c rn [1hiLi1 lJ I. Redpi•nl Recipien1 me.u ,sani eligible en1i 1J 10 \\hich Gra n1 oe rm11dc i o· assii:ns equipment or o:henan~1hl , goods procured by Gramee with funds made n,·ailable under thr s Gran:. J, Sen·iees Serv ice! me,n s se n ices pcrfom,e d or tang ible nia1 er ial pr od uce d or delivertd in comple1ing 1h e Projm and in p~rformanct" c.fGrantee ·~ ot her ohl i~mi ons hereundci K. Subgn,nVSubennlec Subgram means nny award or gram of financ,o l assistane< made to any other eligible enlil)• through this grant. Sub::rant~e mean! any recip ien1 of a subsr:ml madt b)' the Gramee pur,u :mt to the Grant L. Tcrmina1ion note Termination D;,re me-an ~ the date !hli:: Granl termin:ne s a! de~:rih:-j ir S~ bcl o·"'· M , Work Worl means the u,sk; Contractor is rtqu rrcd to perform in order 10 fulfill iis obligations hereunder. :,l. Work Product \\'ork Produ<' means software. research, repons, studies . data . photographs, negatives or other finished or unfin ished docum:nis. drawini;s . mod:ls. surveys, maps . material s. or wo,k produe1 of any rypc . indudingdrafu , prepared by Granlee in complc1in~ the Project and in performan ce ofGramee's other obligations hereunder. 5. TERM AND EARLY TERMINATION A. loiti1I Term-Work •Commencement The term of1his Grant shall commence on rhr later of tht ErT«th·• Dolt or F•hruan· 15, 2009, and terminal• on Ma,· JI, 2011. unles s tennintncd earlier 115 provided below. Grantee's obligations under this Grant shall b, undertal:,n and performed in the sequence nnd manner set forth in Exhibit B (Sta1emen1 of Work). Performance of this Grant shall commence as soon BS practicable after the EfTecth•e Date. B. Office's Op1ion to E11end The Office, in i1s sole drscmion and upon wriuen no1ice to Grantee. may unilaterally e~1end the tern, of this Grant for a period of up 10 three months und or the samr pro, isions as th• original Grant . This extension shall term inale at the earlier of ei1h et !he end of the three month period or when a replaceme nt Grant is signed by the Parties and approved b)' the State Controller or au1horized designee . Any other e:-.1ension of the tenn of thi s Gn1n1 requires an amendment made in accordance with §20 below. C. Early Termination This Grant is subject to early 1ennina1ion in accordance with §l 7 and §9 below. 6. STATEMENT OF WORK Granlee shall complete the Proj ect and perform its other obligalions as described herein and in Eibibil B. Gran1ee shall prosecult iis obl iga tions heneunder ,nd in Eihibit D with due dil igence to comple1ion . The Offic e. in its sole discretion, but in occ N da nce with limitllions imposed by the Office of the State Con1roller, ma) chan&e budgetary lines in lhe Projw Budget section ofE1hib il \l . The Office shall sond notice of su ch ch aage, within 60 days in •"ordonce with §IS below, 7. MA TCKING fl1NDS A. Amoun1 Gc:mtce sh all µrc,\'ide an y require d 1t1ntclrin~ fund s as pro\'iucd in the r.,hil>il D. Gea r.t ee sholl rBl!e t~, iull am ount of ma1chin~ funds dur int 1he term of 1hrs Gra111 and shall report to the omce rtpzrd inr, 1h, ~t at us of su,h fu nds as rtquired ir , E1hibi1 D. B. Drench Grantees failure to raise matching funds , to keep records. and/or 10 repo n may affect iis continued panicip:nion in the Program under which 1his Grant opera1es . In addition . the Office m3; tenninale thi, Grnnl under§ 17 below, if'the Office has reasom1bl e t\'idence 1h a1 G:nn tcc will be unable to rl iSt such matching funds during the term hereof. P,gdof 17 8 GR.~NTEE FISANClAL ~IA'.\"AG EMEST A. Accounts Grantee shall mainui in properly scgre~ated accou nts ofGrnt funds . matching funds. and o,,,cr fund s associated with the Project Jmd mokc thost records al'ailable 10 the Office on requc!.I. All receipl!', an:l cxpenditu~ associated vo'id, the Projec1 sha ll be dncume n1ed in a detailed and spe:ific manner, in accordance with •~• Project Budget. II. Project Budcct Unc Item Adjustments Grantee may adjust ind ividual budgei line amounts within tht Projec t Budget only by an amendment in acconbnce "''th §20; prol'idcd howe \'e r. that Grantee may do so hy notifyini; the Office without an amendment if: I . Dudcet Lion There arc not any tnnsren Ill or 1:tet":en ud1n !:1 i:;tr:i :ion budg,c1 lir.~. w,d II. IO%U1ttlt The cumulative budgetll}' line item changes do not exceed 10% of !he total budgeted amounL 9. I' A YMENTS TO GRANTEE Grarnee shall be paid In l)lc followin1 amounL .111 manners , subject to return of any une>:pended c..n1 Funds: A. Maxim ■■ Amount The maximum amount PIY•ble under this Gmnt 10 Gl'ln1ee by the Office shall be $6,091.600 .00, as determined by the Office from available funds . The Office shall n:imbunc ':iiutee for COS1S approved in the Oram budget, set fonh in Exblbh B for the following services pcrfonned, reviewed, Ind accepled; or Goods deliYeftd, inspected and accep1ed, pursuant to the pn,visions oflhls OIWlt, lncludln1 "ithout limitu.ion. performance, quality, milestones and c;ompletion n,quin:ments for payment set forth in Es.Wilt B. and tbc Office's Inspection and accepwicc ri&hts in 11 ◄ below. Satisfactory perfOltlllDCt under the tenns oflhll Orant lhlll be a condition precedenl to the Office's obliption to Rimbune Grantee . The maximum IIII0\1111 of Otani Funds pl)'able as reimbursement under this Oram, 111d any exte11sion hereor, sha!l include Ill Orant!e'I fees, COSIS and expenses . B. Payme■t All paymefflS aruubject to the provisions of §17 below. I, Mctliod aad Tille Grantee periodically shall submit invoices to the Office in the fonm 111d mumer set forth in the Swement of Work, and ■llllch tirnesheels, receipll and other requaled docwnentatlon In 1he fom and mminer approved by the Office . (1rantee shall aubmit n,quest for n:imburs ementslinvoices within 30 days after the end of the period for which payment Is n,qu<Sled, and final billinp undtr this Grant shall be received by the Office wl;hin ◄S days after tenn i011tl on hen:ot Untimely reqlltSlS for paymeal may be accepted at the sole discretion of the Office. II. Elec1ronlc Fuads Truster Paymenu shill be made by one of the followini; methods: 1) by mUllllllly .,,_blo method In, 'adlng In-person pickup, b) electron ic funds transfer (EFT) ICGramce provides wrinen EFT instnuctions to the Office on a Conm acceplable 10 the Office , or c) via the U.S. Pos1al Service or other del i\'ery scn•ice wilh a properly ad ... essed slllmped em•elopc 10 the addn:ss specified by Gn1nttt in the neminancc addness sect ion ofE1blbU B. UI. A\'IIIJble F'uod1-Co1Uncency_Ttrm ln11Jon The Office Is proh ibited b)· la w from making fiscal commitmenis berond ti,• term of the St.ate 's cutTCnt fiscal year. Thmfore, Grantee's compensation 1s continsent ur,on the continuing a,·ailol:-illti· of State appropriatio ns as pro,·ided in §2 of the Co lorado Sp-...:iol Pmisjons , sf, Conh below. If federal appropriations or grants fund this Grant in wh~le or in pnr1. the Office's performance hereunder is contin&ent upon th• con1rnuin& 1vailabilhy of such funds. Payment s punu1111 to this Omit shall be m ■dc 011ly from 11vall1blt funds encumbtml for chis Or■nt and the Office's liability for SIICh peyments shall be lim ited to the amount n:maining of such encumbered funds. lfSllte or federal funds'"' not appropriated, or otherwise become unavailable to fund this Gn1nt. the Office moy immed iately termi11111e this Gnnt In whole or In pm without funher liability in a::cordance "ith §17 below. Paie4ofl7 • • • i•·. Contrtc\ Trnns The Ci!) ~ nnl b) lhis 0~reemrn1 im,o::i~li pied£• prescn1 cash mmes for fl.')mcnts in futu:< fiscal r «11. ond this Agreemeni is nuL intended to molt a multiple-fiscal year dcbl ~f 1he Cui. ,·. Erroatous Paymtnls -Payments made lo Granree in error for""> ,uson. including. but not hmited 10 o,·rrpa) menu°' improper raymenis. 11 the Office's sol, discreuon. mai· b: recovered from Gran tee by deduc1ion from sub.<equenl paymtnl under this Grant or other !,!111nts or cont11cu bet" een the Office and Gran1ec or b)• Nher arpropria1e methods or collecied as a debt due to the Offiet. C. Unu~ndtd funds i. ReturD .\ny Grant Funds paid 10 Grontee and not espendcd in conncc1ion "itlt !his Grant shall be refu nded by G11mce to tilt Offiet wilhin 15 da~s ,,r 1mninttion oi this Grant. lfGranle< ir.:h:s G,ant fu11Js hereunder dunnc any fiscal year ,n e~ccss ofiu spending limit for such fiscal year, Granter shall refund all excess Gnint Funds to the Office "ithin I 5 dlys of the later of (a) the rcccip, of such Grnn1 funds or (b) 1hr determination of such excw. Uncxp-.nded or excess Gram Funds rretived by GIi.iii« under this Gran1 shall no1 be rtfundcd or paid 10 any par:y other 1han the Office ii. Dc-Obliealion Any Grant fund s not rcqu; cd to complete Granite's obligations hereunder shall be de-obliGated. The Office shall send notiu of such d.e-obliga1.ion v.ithin 60 dlys in mordanet with §18 below. iiL om., If Grantee fails 10 re rum uneipended funds lhe Office may olrse1 the amount not rerumed a;einst any other unpaid funds lhe Office owes Granice under any other i;ran, conll'lct. or obligation between the l'anies. I 0. REPORTUIG AND l'iOTIFICATJON R eporu and analyses rtquirtd under lhis .section shall be made in accordance with proctdurts and in such form as pr,s.-ribed by 1he Office. A. Perform••~ Progras, Persoaoc~ and f'uodJ Grantee shill comply with 111 1eponing requirements set forth in Exhibit B. B. Utl&atioa Within IO days after beins ser,•ed with any pleading rtlated 10 this Grant or the Projec, in a legal action fil ed with a coun or administrad,·e ageocy. Grantee shall notify the Office or such aclion and deliver copies of such p\etdine,s to the Office's principal reprtsentativc In accordance wilh §18 below. Jran Office principal n;,mentath·e is not then servi ng, sueh notice and copies shall br dellve~ lo !ht Executive Dirtctor of the Office. C. l'ioocompliaace Graniee•s failurt to provide reporu and notify the Office in a timelr mannc, in accordanet "''ith thi, ~on may lt5Ult in th e delay of payment of funds and/or termination under §17 or this GninL 11 . GRANTEE RECORDS Grantee shall m:lke. keep. mniniain and ollow inspctlion and monitoring of the follo"·,ns rtc~r.1s: A . Maintenanc• G~ntee shall maintain a complete Iii• of a II rccor.ls. documents, communications, no1es and 01her wriuon matenals, elec1 r~nk me-di, files. and communicitior..s.. re,1::inin, in 1n)' monnn to cht PrnJt:1 or thr- deli,el) ofSenk'1 (indudtn!!,. bu1no11imi1ed 101hc ~pera1ion ofpro~rams) N Good1 hcrcundrr G~ni•e ~hall moinuln such re:ords (lhe Record Rrtontion l'cric j) until the li!t 10 occur of the foll:r., tng i. a period of four) e3r'S •ficr \he dote th is Grant is co111plc1ed or terminated. or ii. final J)J)mtnl Is made hereund<r, which<>'tt ii tau:r, or Hi. for such n1r1her period as may be neccssa~ 10 resolve ony pending matters, or h-. if an audit is occorins, or Grantee has rtteh·ed no1ic., 1ha1 an audi1 is pending. then un1il such audit has been conplt1td and ilS flnd,ni;.s ha"e been r:sol"eJ B. lnspeclioo Grar.t~t sh:i.11 ~~i1 the-Si::10: 1h .. · fc-.icrel fC\rt111;:~n1 u: :in~ oih,:-1 dJl.'1 ;,u1tt1~1itr1 ;11;en4 oit 1w, tmmenta l :ii~enC') 10 .audit. inspect. c.,nmine. ,.,ccrpt. copJ and or lrt\11.S:ubt Grantee'!. rtto:ds rela,ed 10 1his Gr1n1 dunng 1he Retonls Reien1ion Period 10 ossurt comph,n:e II i1h the 1enns hereof or 10 t1·alu31e Gramer', perfonr.ance, The Ofl1cr rese .-es the rii;h110 ,n,pctl ~•• l'roiec1 a1 all IC8$00tble umes aad places durin, 1he term of1hi1 Gr.int in:ludin~ any c,iensi~n. lftht Projca does no1 confom1 It> Gram requirements. tht Offict may require Granlet pt('mptly lo brinF tht Projc~, into conformity "ith Grant r;!qui rcments, at Gra.ntee·s sole e>;pensc . If the Project cannot be brouglu intc conformoncc bJ rt• perform an:e or other corrccti,·e mwur<s. 1he Office may requirt Grantee 10 lllle necessary action 10 cnsurt that fu1urt pcrformanu conforms 10 Grtnl requiremenlS and •~=is• lhc rtmedies available under 1his Grant. 11 lav. or inequil) ,n lieu or or in conjunction whh the precedin& measure. C. Monl1orln: G:"3ntee oho shill permi1 1ht Stale, lht fc-deral ,n\·cmn,enl or 3n~ other dul~ :i:u1horized egenl of I! S°' rm:nenlal ''°!IC), in the sol• discmion of SIJ(h governmental aienoy. 10 ITl0/IIIOr all ee1ivities cor,~•1c1ed I>)· Grantee pursU!llt 10 ti1is Gram. using any reasonable procedure. a1 1hc discretion of such so,·emmenlal •&ency, includin;. bu1 no1 limhed to: internal evalu&1ion pr<>erdures, examination of prosram data, special analyses, on-she checkin'-and formal audk examinations. All sue!-monitoring shall be perfonncd in a moMer which will no\ unduly imerfcrt with Grantee's performancJ hm:under. D. fin al Audit Rtport If en tudi1 is performed on Gran1ee·s records for any fiscal year covering a portion oflhe term oflhis Grant, Gran1ee sMII submit one copy oflhe final audi1 report IO lhe Office's principal representa1ive at the address specified in §JS below. ll. C0NFIDJ:NTIAL INFORM.A TI ON-ST A Tl: RECORDS Gnm1ee 1cknowledgcs that It may become privy 10 confidential information in conncctlon with iu penormance hertunder, Including bu1 not limited to State records, personnel' reconls, aod information concerning individuals (~Confidcn1ial Information 1. The following applies if Grantee receives tonfiden1ial informalion: A. Conlide11tl1li ry Gnin1ee shall keep all Confidcmial lnform11ion confidential at all limes and comply with all laws and rtgul11lons concerning confidendali,y or Information 10 the samt e,nen\ applicable to the Offia,. NI'! rtqueSI or demand for informadon in the posmslon of Gran1ee made b)· a thinl part)' shall be forwuded immediately 10 the Office's principal repmentati,·e for resolution. B. Notillea tion Grantee shall notify each ofilS tgents, employees. sub-gran1ees. subcontniClors and assigns (each a "Relaled Party") who may come inlo con1ac1 wilh Confidential lnfonn•1ion 1h11 such party Is subject to lhe confidentiality requirements set forth httein, and shall provide each Rel11ed Pony with a wrinen explanation or such requirements before pennitting such pany 10 access any infonna1ion of the Office, C. 0,e, S.Curity, ud Rtlention No Confidential lnforrnaiion of ln)' ~ind shall be di>tribu1ed or sold 10 any third pany or used by Grantee or• Rtl11ed Parl)· in an) way, except as aulhoriied by thi.s Gr1n1 end as approved by the OITice. Gran1ee shell pnwide and main1ain a set11rt e1wironmen1 lha1 ensures confidcnti11i1y or ull Stale records 1111d other Confidential lnform11ion wherever loca1cd. Confidential lnformn1ion shall llOI be re111ined in any files or olheiwise by Grantee or a Related Pany, except as se1 forth in 1his Gnin1 end •l'Jlfovrd by the omce. D. Disclosure-Llabilil)' Disclosure ofS111e records or 01hcr Confidcn1ial lnfo"1rn1ion ~) GraUl<e or• Rcla1<d PWI)' for any rt1;on ma) be cause for lei•l action a;ains1 G~mee or >uch Rch"ed Pany by 1he SL1t< l':' llmd psrties •nd &rcn1e or •ny such ac1ion shall be Gram,•e's ~olc rcspons i~ilily. I J . COI\FLICT OF l!\7'£REIT A. Definitioo and Appearance Gramer shell no, ensage in"") business or personal oc1ivl1ies or pratlices or main11in any rel11ionships which connicl in an)' "'AY "ith the full performance of Gmn1ee'1 obtisa1ions hereund,r. Grantee ac~no"ledces that with respect to this Grant. even the appearance of a conOiCI ofin1e...i is harmful 10 tbeOffJCt 's inmeslS Absent the Office's prior v.sinen approval, Gran1ee shall refrain from any practices. ml\ hies or rela1ionshi ps which reason.:ibly appea,-10 be in conOi,.1 wi1h the foll performance of Grantee's Poge 6of t7 • • • I • obl1so1i;ns tt 1he C•ffict hmu1dzr Gran1c, '1:all compi) -.11!, 1hr pr~, ,s,01~ of CR~ ~1~-£.jOb ~na ~:; 1~-101-'09, 8. Spoeilic Prol1ibi1iuns Gronte•i •nd suo-sro n1ee·, r<spec1iv, offtccrs. cmplo) tes. or asems shall nei1her sohc1t nor acttpl s11tu11ics. fa,ors. o, ani·thinr ~r moneu1: ,-,1~ from Granter I potential subsrontecs. or pnmcs 10 sub-controm G"'ner! emploi ecs. officers. •~cnts or an) l"'rmi11ed sub•grnntcos sholl not pmlciJ13i. 111 the s,lcction. :\\Drd. or ndminis1rnt1on of th is G,11n1 or ony rub-rran1 or suh-c:ontract. if un act~ or 1p~r:n1 <onfl ,ct orin1mst \\Ould oc.ur Such• conO,c1 \\Ould amt "hen an) of the followinc has• financial or other in1trest m th, firm selcct,d for award : i. an empln,·«. officer. •~ent or roud member: ii. any memXI of lhc tmplo)ee's immco,ate fami!y: iii. an cmplriy tt's rianncr: or h. ~n ort:3n1u1ion • ., hkh •mplo) ~. 01 is about to emplo). &n) of the aforementioned. r. Determinati on by O m «• Default If Gn,n,ce is uncenain as to the CA istcnce of n conflict of inttresi, Gn,ntet shall submit 10 the Office • disclosur• statement scning fonh th• r,le,•ant d<tails for the Office's consideration. Failure to promptl)' submi1 a disclosurt statement or 10 folio" 11\e Office's direction in n:gard to the: •~rrni confl1<1 sholl be considued a material defauh of this Grant •nd ~unds for ttrm,n>tion und:r §11 below . n. Code of l'erfurmane<e Grantee. ond sul>-granlees and subcontractors, if any, shall maintain a wrinen code or standards 10,·cmin@ the penonnance of their rcspec-Jvt employecs. agentS , and connctors encaged in the ewrd and administration ofthi~ Grant, or subcontr:u:t er subgrani. if 111y. Grantee shall provide a copy or sueh code to the Office 1vithin IO days or the Office's "'rinen request thertforc. 14. R£PRES£NTATIONS, WAJUlANTI ES, AND I NSPECTI ONS The Panics make the folio" ing specific r<prcsen11,ions and wanra1Uics to each other, upon which each is rclyini in entering into this G111n1. A. S1ndard a nd Maaaer Or Performance Grantee shall pcrfonm iu oblig11ions hereund<r, includins in •ctordance with the highest professional standard of care, sl..ill and diligence. Grantee shall p<rl"om, i11 obligations l1ercunder 1n the sequence and manner sot fortt. in tihlbit 8 . 8 . CompliJl nct ,.;1b La,.. 111d Policies Grantee wamnts that ii ""ill 11 all times strictly adlxrc to. ond tompl)' with, all applicable Fede111I and Colorado Slate la"·s, and their implementing regulotions. as the) cu1Tenuy exist and may hereal\cr be: amended. which laws and regulauons nrt incorporated hen:in h) 1his reren:ncc as tenms and conditions of this contract. C. las~ctioa and VtriOcsli on The Office rtser,cs th: right to inspect and monitor Grantee· s pcrfonnance hereunder at all reasonable limes and places to verify thot the) confonm 10th, n,quirements of Ex hib it 8 . If Gnant<e's performance docs not conform to Grant n,quin,ments, the Office mai· requirt Grantee prompt!) to bring its perfonmance into confonmity wi1h Grant rcctuiremcntS. at Grar,tee's sole c~pcnse. lfthe Project caono, be hroush1 into conformaote h) corre:tivc measur<s. the Office may «quire Grantee 10 ta~e neceisa,y oction 10 ensure 1h11 futur< perfonmance confonns 10 Grant requirtmentS nnd exm,se the 1cmedies :l\'lilable under t'1is Grant. n1 law or in equily in lieu of t\r in cc,njun~tion \\i:h the: p:c:ctding mci5urr n. IA:_~t Au1Dorit,•Cran1u and Crtn tccs Signa1Df')' Gran1ee "~rnnl! 1h•1 i· r<'!.1•$5~ :he k~•l a11~••1it) 1~ ,·mn ,ntMh!S Grant :ind has token all 1<1iom r~ired hy 1:1 pr,>ttd111es. },~•Jaw,. 1tid 1or cp,>licn.~lr laws to t:-.rrcise tl-.:s~ ::.uhorit), and 10 ht\\iuU~ ou1honze itS undm11tJ1ed 11gna10~ to ,.,cute 1h1f Gront 3nd 10 Mnd Grantee to its ICrms. The r<r;i111 signing and uecutins this Granl on bcholf of G11nt<1: hereb) rtpre<tnlS and warranlS and su:iran1e1:1 tha1 the) ha,c full aut,ori211ion to do so. tr requested by 1he Office. Grantee shell pro,idc th• Onicc th• b,m for Grantce'sauthority to enter into tl1is Grant within 15 d•>s of reteivin, St1<h requesi . E. Llctnscs, Permits., Etr. Gran1ec rcpre>cnlS and warn,nts th31 as of the EfTecth·e Date i1 ho,. ond thnt at ell times durint the term h<rcor it will hove, at its sole expcnsr. all lic:mscs, cenificalions, app,o, al, insumtet. pcnmiL<, and other ,,nhori zation requirtd ~l law to perform its obligations hereunoer. Additionally. all emplo)'e<S ofCir:mtet r,sc7 ofl7 r-::r:,n111n~ t-.:f'\ IC:~ undt• 1his Gr:m1 s..h,:1 oo;d ,h~ "<'quir~: htt n<-!'~ or ccr:1fi:1UC\h.S.. ,r nn~. \{' ~:fo:n, 1h::1r-duties. Granier. if a forei :n ct1rpurat11>n v1 Nhet cm1·~ 1r:ms:i:1:n~ tiu~1n:n in 1ht State ofColorld~. fur.h er m11f"s 1lm ii curmuli ha, ob1a,nc;J ,nd shall m,1main un.• applicable ccn11ica1c ofautho,11) ,~ tr:1n;ac1 business in the Smc ofC,,l~rodc and ho, dei lsnmd a rrg1stcrcJ ,•enl in Co lorado 10 occcp1 sc"·icc ofpmccss . Any rcl'OCation. withdra\\'al or non-rcne"·•I oflioenm. oenificMions. 1Jpprol'ais. insurance, pcnnhs or any such simihu requirements nccesszu) for Grantee-10 prapcrl · perform thi s Gram, shall be d«med to t,e • defouh b) Grontt< and ~ruunds for tcrminouon under §17 t>t:low. F. Breoeh If the Grantee btt1<hes any ofits rep=anl3lioru or.warnnues, the OIT>ct ma) require Grantee to pro:nptl~· perform its obh~auons •~•in m conformity with Grant requirements. 11 ,., additional cost t~ tl,e ()nice. lfsueh brtachcs unnot he. N err nol cured, the Offict m!\'. in addition 10 :n, other rcmd,~ rr.:,,•ided for 1n this Grant. rrquirt Grnn,et to take nec:cssa~ aeii~ to ensurr 1h11 fot~u perfonna~r ..:onfomu 1u 1he pro,1 is1oni of mis Grun: and equuabl} rcdu:c \h!' ptymcm dur to Uru.nu:c to reflect the reduced "•I•• <'f the Projccl. .~n) reduconn, de la)' 01 deni•! or paymeni under \his pro, ;sion oholl no: co nstitute a breach of Grant or delauh h) th, Office. 15. INSURANC[ Grantee shall obtain and maintain insuranct as specified in lhis section 11 all times durin; the term or this Grant. All policies evide,,dnJ the insurance coVeraf!CS required hercandor shall be issued b) insoranct comp3ni<s sau,ractory 10 Gran1ec and the State. A. Gr1otee i. Public tatllles Ir Gn1ntet is a "public entity• within the meanin, or 1he Colurado Govemmen1ol Immunity Act, CRS P4-10·101, ct seq., as amended !he (Colorado Go,·emmental lmmonity Ml"), (CGIA) then Grantee shall maintain at all times during the term or this Gran, such liability insurance, by commercial policy or self-insurance, as is neccssll)' 10 mecl its liabilities onder the CGIA. Orenlee shall show proof or such insuruice satisfacto,y 10 the Office, if requested by the Office . Gran1ec shall require any sub::onu.ttors of the Grantee-, providing Goods or Scrviccs in connection wi\h this Grant, to include the insurance rtquimnenu necessary 10 mecl the Grant<es liab.ilities under the CGL-.. ii. Noo-Publit [atitles If Grantee Is !IOI • "public entity• wnhin the meaning or the CGIA, Grantee shill obtain and mcintain during lhc term of\his Grant insuranct coverage and polities meeting \he requ irements sea fonh in subsection B orthis saction. B. Subcontoetors Grantee shall require each contrOct wilh • subcontrac1or, other than those that tre public cn1i1ics. pro\'iding Goods or Services in connection with this Grant. 10 include insurance requirements in compliance with the Grantee's internal proc:un,menl insurance requirem,nl policies and practices or n,quire those substantially similar to the follo,1in,. i. Worker's Compeni1tloa W<>rl.er's Cam~nwion Insurance as required by State s1a1u1e. and Employer·~ Liobili1y lnsuranr, COl'enng all subcontraaor cmploytt> acting" ithin Iha course and scope of their cmploymrnL ii. Gtnenl Lbblllry Commen:i,I Genera l Liobilir,• Insurance wrinen on ISO occurrence fonn CG 00 01 10/93 or cquivnlenl, co1·erins premise; opcra1ions. fire dom!S•· indepen denl con1raetors, produm and complc lcd operation,. blonl.e1 con1ra<:ual liobiln y. personal injury. and ad1·en i,i11g lin~ility wi1~ minimum limi1s as follows: r\ Sl.000,000 each otcurm,c.; b) Sl,000,000 gt'llcrol asp-cgote; c) SI .000.000 prod11,.~ ond completed operation!' •;£••~•t•. or.d d) SS0.000 any one fire . lhny 1;i.;res11e Ii mil is redueod below S 1.000.000 bccnusr of claims made or paid, sub-trar,tee or subco111ractor shall immediately ob1ain addiuonal insurance 10 reSlore lhe full agi;rcgate limit and furnish 10 Grante e a cenificate or 01her document sn1isfactory 10 Grnnlee showing compliance with this provision . • • • iii. Autumnhilt L12bih1, Au1omohile L 1abiht); Insurance co , erin~ nni ou10 (in clu dint O\\ ned, hired and non-o" ned au1~s 1 with• minimum limn o! S 1.000.000 e.,ch amdcnl com\.1n<d sincle limn h·. Additio1.al ln $urtd • Gran1« nnd th• Sl11e shall be 113llled as addi1io11al insured 011 the Commercial Gener11l liahil11\ ,nd Au1omotile I iobililJ ln$uroncc polic,es (leases and constr1Jt 1ion contram r,quire addi1ional i~sured co,·er.ige fo, comple1ed opc,r.11ions on endors,ments CG :OIO t I '85. CG Wj7, or ~qu 11'lllen1) ,·. rrimAt) or Cn1·tro;• Covrr1;, ~uired o( the su1>t:r1n1ce N sul-c(,n1<1ctnr sh3II I>, pr,ma~ o, er '"l ,n~unsn:e <•1 •elf-insu ran« pro,ram carried ~ Gl'llntec or the S111e. ,;. C:1nrtlh,ti<,1 Tht abn\'c in~u-~nt t pt'hci~ shall in.:.lud~ ?ro, i!io11s p1t:,cn1inp canccllalicm or non--rcne \\31 "i1hou111 least 45 dllis pri or notico 10 the Gramec and 1tie S1a1e h) cen1fied r..~d. I ii. Suhrogalion Wah-er All insurance policiu in any way rela1cd IO the Grant and secured and maintained t,y Grantee's subconl11C\OU as required herein shall Include clauses sta1ins 1h11 each carrier shall w1ive all ri~h1s of recovery, und~r s1.1brosation or otherwise , •~ains\ Grantee or th, Stott, il.5 agtncin. insti1u1inns. organ1211i,ns. officers, •~•Ills. emplo) ees. ond 1·olun1<ers C. CerliOCJOlrs Eath ofGnin1e<'s subcom<1ctors shall provide ceni(,ca1es sho11ins insurancr co,·erage required hereunder 10 Gran1ee whhin seven business day, o(the Effective Date , but in no even, l11er 1han 1hc commencernem o(the ~n•ic:es or deli very of1hc Goods. No lam than 15 days prior10 the expinition dale of any such co1 cra,e. each subcontractor shall pro,idc cenlfica1es ofinsurance 10 the Gnin1ee evl~ing renewals. Thm after, upon request or 11 any time during the term of the a subcontract, 1hc Gran1or ml} requeS1 in wri1ing from the gran1ce, and 1he subcon1nsctor shall thereupon within 10 cbi·s supply 10 Grinm, c1·idcn:c 111isf1aory insuooce 10 lhc Cirin1tt ind th• Office of Compliilllct 'lilh lhc pr~, i1ions of 1his section. 16. DEFAULT-BREACH A. Def111~ In addition 10 an~ breaches or defaults 1pecir.ed in other sections of this Gnin~ includin&, bu1 not !imi1ed 10 those in §17 l.:lo" herein, die failure of r ilher Pany 10 penonn an~· of iu material obli111ions herrunder in wl»lc or in pan or in a 1imcly or sa1isfac1ory manntr, constitu"5 • drfauh or \.reach. The insthution of proceedings under any bankruplC)', insolvency. reorganization or similar le,islation, by or ag1ins1 Grantee. or the appointment o( • receiver or similar off ,cer for Grarnee or any of its p,openy. which is no1 ,·aca1ed or full)' stayed wi1hin 20 days afier the ins1itu1ion or occurrence thereof: shall also conllitu1e I default B. Notlct and Curt Period In tho: event of a def1ul1 or breach. notice of such shall be gi\'tn in wri1ins by tht •'8rieved 1'311) 10 1he other Pany in th< manner pro, idcd in §18 below. I( such defoull or breach is 001 cured within 30 days or receipt o( wrincn notice or. if I cure cannot be comple1ed II ilhin 30 da) s., cure of the default o, breach hL< not "'sun wnhin said period and rursued with due diligence. th, nggrie"ed Pony nmy 1em1innit 1h:s Gr1n1 by pro,·idins wrinen no1ice 1he~of. as pro,•idrd for in §11 belo" spcciryin~ 1he e1Ttc1he dm, c( 1~ tmnin=nion. l\ot"11hs.1andi11~ an,1h1ng to the-contr:,r~ herein. thf Office. m its solt disere1iM, ni:rd nnt provid e advance notice: or o ~urt ~icrioJ 1nd ffl-3} 1mmrd131t l~ ttnninatt this Gnnt in wtlQlt or m rcn ifrtMonahl~ ne~~J~lry '" r~c;;:r,c rubtir ~J!°"C'tJ or :n pre,tnt imm~d13tt rublic c11Si!-, Ji, RCMCDICS lrGrnn lct 11 in default N breach under ai,y rro\'ision or1his Gr~nL 1he Office sholl ha,·• oil 0(1he rein,dics lis1od in 1his sec1ion in 1:ldition 10 •II 01hcr remodies sct (onh in 01her sct1ions of 1hi1 Grant. The Offi ce ma) e>.e rtist any or all of1ht rtmtdies a\'ailahle to iL in iu sole discretion. conc:urrentl~• or c:0,nsecu1h•ely. A. Termination for CouM ■nd/ur Default lfGran1ee fail s 10 penonn any or i1s obli~ntlons hereunder with such diligence as is requi~d 10 ensure 11s comp!e1ion in accurdance wi1h 1he provisions of this Grant on!I in a limely mann,r. th• omce "'") n(llifi Grantct of such nun-pcrfonnonce in aceordonce wi1h §16 at>twe and §IS below. lrGraniee 1hereoftcr r,;1 , Pagc 9of 17 1r pmmrtl~ t'urt such non-p,rfonna nct "nhin th:-curt p~iiC\d. 11i~ O:ti:t . JI iu: op11on . m,~ tcm1 i111t, this rn 1i,. Ci111n1 or su:h ~n of lh,s Gr-Jni as 10 "hich there ho, been de l. , or• failure 10 proptrly ptrfonn Esrrc11r b) the Office oflhi~ "£hi shall 1101 b:-d:em:d ,1 hrea rh ofi:,, oblig11ions hereunder . Pig, 10 ofl7 • •• G·in1e-e shril 1 rt1nttnut r:donr.an:: of ihi!-G~nt IC· 1ht-~-.1cn• :-."'1 ,~nmn::t~.i ,, J:-1~ i. Obh:n11ua, ond Ri~hli To thr ,x1e:nt !;>ecificd in the ttnnin~1it,n nuut~. G:Jntee shall n01 in:.ur fonher obl1r:niorn 01 r::1.1t· funhcr p?rformance here under p,s1 1he c!Tm1\'C dmc or such no1,cc. and shall also 1ermin;::e ou:.itandmi; o;Jcrs and su!,contnm "itl, thord p:1mcs. H~"'' er. Grant•• sh,11 complete and deh, ,·, 10 the Offitt all Sc rvicts and Goods no, cancell<d ~, tht 1ermino11on notice and ma, incur oN1£0IIMS ~ an: necessary I~ do ,o "'ithin the Gra~I trrms In the! sole discrc11on of 1hr Offire. Grant••• l holl assign to the Office all or Gramce's ri~ht, title. and inttn:st under such 1ermina1ed _ orders or subcontncu. Upon termin111ion, Grantee shall take timel)', reason,ble and necemry action to rro1e:1 and pn:sm•c prc>pcn) in 1hc r<•sscssion oi Gran:c,t in .. h,ch th• Office has an interest All matenals owned b) the Office in dic po»cssion of Grantee shall be immtdia1cl) returned 10 ,he Office In tht •tilt disertti~n nf th!' om ... c. Gnu Mt. ~hall :usi:;n 10th: O!!t:.:-tlt of Gr Mil nos uiht title. and intelt'Sl under such tmnineted c,,dm or subcontraeis. All Worl: Product 11 1he O?:ion of 1he Offie~. shall be delivered l>)ol Grantee 1n 1h, Office and sh3II bccomr the omce·s propcni. ii. Pa ,·mtnlS T~ Office shall reimbum Grantet only for accepted Services and Goods received up to thc date of termination. If. after tecmination by the Office. it i, detecmined that Grnntcc WIS not In defauh or lh>1 Grantee's action or inaeiion "'II excusable. such termination shall be trc2\ed IS 11cm11nation m the public interest and the rights end obhsations of the Pan its shall be the seme IS if this Grtnt had been term:nated in the public in1ms~ IS described in §17 belo11 . m. Dama,cs 10d Wilbboldinc Notwithstanding any othtr rtmedial action by the Office, Grantce also shall remain liable to the Office for any damages sustained by the Office by l'inue of any defauh under this section by Gn,ntce and the Office may withhold any payment to Gran\et for the purpost of mitigating the Office's damages. until such time IS the cuct amount or damages due 10 1he Office from Grantee is determined. Funhcr, th• Office may withhold amounts doe to Granto, IS thee Office deems nett'IUl'J to prom:i the Office 1iain111015 bc~u1c or ollUlanding liens or claims of fomtcr lien holdm and to reimburse uie Office for the exc01S c:osu lnconed in procuring similar goods or services. Grantee mall be liable for excess cos\S incurred b)' the Office in proturing from third panics rep lace:ncnt Services or substirutt Good! ts CO\tr. 8. Carly T<rminatioa for the Public Interest The Office is enterinc into this Grant for the purpose of cmyin, 0111 the public policy o· the S111e of Colorodo. os de1crmined by its Go,·emor. General Assembly, and Courts. If this Gnmt ceases 10 funhcr the public policy of the State, the om«. in its sole discrttion, may temtina1< this Grant in whole or in part Extreise by the Office of this righl sholl not be deemed• bre•th of the Office's obligations hereunder. This subscc1ion shall not appl)' lo a termination or this Grant by the Office for cause o, default ~· Grantee, which shall be covemed hy §17 abol'e. I. Method 1nd Co111ent The: Office shell notify Gmntce of the lermination in accoT'(fance wilh §16 al>ove and §18 belc,1. specifying the dTective dolt of the termination and "hether it 21Ttt1s all or a portion of this Grant, ii. Obligation> and Ri&hts L:pon re:,irt or n tenn1na11011 ootice. Granace shall be subject 10 and comply with §17 ab<we. iii. P:armcnu If this Grant is 1ecmin11ed ry 1ht Off ,cc in furtherance of the public inie!CS\ of the S1•1e of Colora~c. Gr3ntec shctl he p~id an Isruount "hlch bi:a~ the snmc ratir 10 tht' l('ltal reimbur~ment under this G:ant ~ the Stf'I ices sntisfattorily r::formcd Nu., Good! <>!isfo:tl"!IJ deli, ered or ins:allrc to-:,· :o the total Sm ices and Goods covered by this Gran I, lrss poyments prt\'iously made. Additionalli . if the Gr.1n1 :s less wn cq., tomi,lcted. the om« m~r rtimbune Grantee ro, a ponion of !ICIUOI C1ut-(.'f-pock< t cxrcnses {nol 01hi:n, ise relmbul!.cd uriJcr this Grant) incurred bf Grantee which arc dorectly anribu1oble 10 the uncompleted ponion of Grantee', obli&nllons hereunder: provided that reimbummon\ shall no, excted the maximum omoun1 poyable 10 Granite hereunder. C. Remedies Not ln,·oMng Termination The Office. its sole discretion. may exercise one o, more or the fol!c-:ing remedies in addition to othcr rcrrn,dies 11·ailablc 10 tr.e Offtce I'll~• II ofl7 i. Su~prnd Performonrt Su~p,-.:n~ Grame,·s ri:rfon.ta111.~· \\ nt it:-pt·ct H1 l\li or an~ run1on of1his Gr ,,n, l"Cnd111r n:i:-:-: 1~ COl'Tt~li\t ac11on 0~ $flttlfitd t,J II~ c,m ,e \\ uht ul tn:uhn~ GritJ\teC IU an a:IJUS\fflt:RI 1R r:1.;t 1,,.\')! \ .. :,erfonnancc schedule. Granm ih•II prom~tl) cease p:rforman,e and incurring costs ,n occordancc ~·ith the OITitc's direcu,e ond the Office sh•II riot be li>ble for cos:s 111eumd by Gr.int:< ofwr tht 1usp,n1ron or perfonna,,ce under 1his pro,·ision ii. Wilhold Parm••· \\'ithhold pa)mcnt to Granr,e unti l correc1 1ons in ,mices orr u11,roc1oril~• complttcd and /m acceptable goods art provided. iii D.;n, P:ivmtnl Den; pa):mcnt ior those Servr<cs no1 perfonncd on:l,or Cioom not pro\'i:led •nd "hich du• t• circums1n::cs cau~ed h~ tllt' Gr;,., 1!: :J.--;:i,~ t,~ pt:rfonnt" v1 1JUJ\'1ded or, 1f perfomec; or pf'C\\ i-ded. '-'OU!d be or no\ aluoto the Office. provided. th•t •ni d,no,1 or 113! n,ent shall be re=r.3l>l) :cla,cJ to the nlue or work. perfonnance or Goods lost 10 thr OITicc h·.Rem0\'111 DemaJ1d rcm01·al oran)' orGrantec'semployccs. •tents, or subcontracto1$ whom the omec deems incon,pctent. c.rclcss, insub<lfllinatc, uttsuitable. or 01hc"'i" unaeecpublc, c-r "'ho,e continued relation 10 this G:ant is deemed to be contn1ry 101hc public imorest or not in lhc Ollicc's best in1err>1. Replaa:ment or any kt)' penonnel hereunder shall be done sn eccordancc "ith tht rel0\·an1 pno\'isions or Exb lbil B. 18. NOTI CES AND REPRESENTATIVES Each individual identified below is the principal rcprescniativ,s or the designating Pany . All notices required 10 be given hereunder shall be hand deli\'ered with receipt required or senl by ccnified or registered mail to such Pany's principal representative at th e addrus set fonh below. In acldotion to, but not in lieu of, hard-copy nolice, notict also may be ~en\ liy e-mail IQ \he ••mail addr.»es, if I!!')', 1e1 fort~ below, Either Part)' may from ti1T1• 10 1imc designate b)' "'"""" noricc substitute addresses or penons to whom such noticos shall be sent. Unless (\ilierv.isc provided hereon, all notices shall be efTccth·c upon receipt A. Offict: Mason C. Whimey, Executive Director Governor's Office of Homeland Security 9195 E. Mineral Ave., Stt 200 Ctn1ennial CO 10112 Email: mason.whimev(<ilstatc.c:o,u, B. Grantee: Dan Alexander Citv and Counrv or Den, er 201 West Colfa.x Dept 908 o.n,·er. CO 80202 Dan.alexondcr(a)ci.dc:n,•cr.co.us 19. C0\1:R,-.;M E:-.'T AL IMMUNITY Not\\ithstandin& M) other pro\'ision 10 1h, contrn'}, nolhin~ herein sh:111 constitut~ a \\Oi\'l~, expr,ss or imr,ti cJ. (\r ani or the immunititi, rights. benefits. rrNec:11011, or other pro,·isions of the Colomdo G~,·cmm,mol lnnrunity AcL §CRS 2(,10-101. ct seq .. aumcndc~ Liob1li~ r01 claims for injuries to pt,SOn> or prope;;i 3Ji:tng irom the ncg1igmcr cf1he S1ntt o(CC'1c,r!jo. its dcp:mmen1s, inst1 1u1ions . .igcnt:ics. buards. ofTkiJh.. a:1\1 empl<'}ees is con1roltcd n.nd llinhed r~-:her:,,, i,iM; .. ,rs.he C,ov:::1rn .. ,1;.1l lmmunu)' Act and the nil manah'<mcnt statutes, CRS §24-j0.J SOI, ct seq. a.• amrnded . 10. \1ISCELLAN£0US A. Assit:n mf'nt G~.i,<s ni;hts end oblisations l,crtundcr ore prrsonal ond may not be transferred, ossigncd or s1 1bcontrlctcd. "ithout the prlor, wrinen const:n1 of,he State. Any oncmpt at assignment. tnnsftr. subcontrn<ting "'ithout suth cons:nl sliall I\C ,·~td. All assii;nmenls, subcontracts/subcontmctors npp,o\'cd • • • ~~ Granite r1 1hr Stat!' sh:111 l:te ~:..'"1ii:c1 1r-ih-: phW'SI<'~ her~o: G:-Jat!t' :.halt b-.. w1:!: r!S~ible tor iltl up:cu ol su,:on~:-.:11ng amn ~ement!I'. 3nd rrrform:mcr E. IJindi ni Lrr,-,1 l'nlcss otfe"'"' pro,,dod hcrtin. all pro11s1ons herein contained, includm, 1he hen,fi11 and burden s, shall extend 10 and be bindinG U('IOO 1hr Pan,~· respet1ivc hcir1. lci;al rcprcscn101J\·cs. succcnO<!. ond as.si~ns C. C1 p1 ions The cap1io11s 1nd headings 1n this Agreement ere for convtniencc of reference onl,. ond shall not be used In in1crpre1. define. or I imi1 hs provisions. n. Counl<rpa rt< This .'\,rume,nl mil) be e.\'.ecn1cd in mult irlc id\!nli ci:tl orl;inal r<1um-::-;,::i-:~. ~II~: v hi· 1, st~:1 \ "';!' 1u1e-o,\f agr~m:nl t. £n1i rc UnderSllndin t This Ai;rrcment ,:presents 1hc complt1c in1c~1ion of all undcmandinp b:1..-ccn UI< Pani.-end all prior reprrsenlluons and understandings, oral or ~ rinen, are merged here in, Prior or con1cmporancous addition, dele1ion. or 01hcr amendment hcrr10 shall no, ha•c on,· fore, or affea ,.·hatsoever. unl,ss eml'Odied hmin • F, J urisdlc1ioa and Vr nuc All suits, actions, or pr oceedings rclelcd lo 1his Agrcemonl shall be held in the ~1a1e or Colorad~ ~nd 1h, Panics herby asree tha1 ven ue sh all be proper in 1he City and County of Dcnm G. Modilic11ioa I, By lhe Prnlcs Excepl as specifically pro,•ided in this A~mcnL no modifiaition of 1'1is Agreement shall be effective unless agrcod 10 in writing by bn1h pon ies in an amendment 10 this AJTccmcn1, propcrlr executed and app,o,·ed in accordance ""h Colorado S1a1e law and S1>1e Fis:t! Rules. II, By Opcnllion of Law Thi~ Agreement is subjcc1 to such modi fi cations as may be required b,· changCJ in Federal o; Colorado Su 1e lav.', or tl,eir implementing rc;ul a1ions. An)' such req uired modification au1om31icoll, sh•II be ine01J>o1a1ed into and be pan of1his Ai;reemcnl on the erTcc1i,e d11t of such change. kl ir fully SCI forth hcr:in. H. Order of Prece denrr The p,o,•isions of this Ai:rc~mcnt shall govern lhc rclallOnship of lhe S1a1c ond Grantee. In the "'em of conOicts or inconsis1e ncics betwee n this Agrccmcnl end ils exh ibits and ana chm ents. such conOim or inconsiSlcncics wll l>t rcsoh-ed I>)· reference 10 the documents ,n the folio" int order of priorir:·: i. Colorado Special Provisions; ii. Rcmainint P'S" ofl'1c Apee ment Ill. Exhibit A: h·. Exh ibit B; , •• Additional Guidance issued b)· 1hc S101e or Office. I . S,1°era blllrv Pro1·ided 1his Arrccmcnl can be e>ccu1ed end performance of1he ohli~a1ions nf1he ranies accomplish:j \\ ithin its in t!'nl , the prt'l\'isions hcrtof are stver;,bk 11r-..i MY pru,·ision chat i1 dttl1tt~ i:t\·ah'1 t'\f bttomt"" inop:roblc for In) rU!On wll no1affct11he ,-,tio•~ of on, other p,M·i~ion hm~f . • I. Sur1fr1 I of Cerrain Agreem rnl Ter ms ',01"i1hsmldir.£ >n)1hir.i; herein ta the conu.1~. p,o,·is,ons of 1h,s AllfCCmcnl rcqu,nng con1inued performance. conpliance. nr cffcc1 after term inllion hereof, shall su"·ive such 1errnin a1 ion and iholl oe enforccoble bi th• S1a1e if Gran1r,o foils 10 pcrfonn or comply a, rcquined. K. Third f'arl)' Ronelirlorics E.11forccmcn1 or this A;r,cm,nl and all rish1s and oblita1ions hereunder arc reseoed <olely 10 the P•nics. and no1 10 on)' third p•rt}. Any sm·itcs or bcncfm ~ hich third panics rccei\'t as a .-rsull of this Ai;reemen1 ort lneidtntal 10 tht Avremem. +1n,j Jo no1 creetr any ri ghu. for such 1hird panjes. t. 'WohC"r \Vs"., or an) breach of a 1enn, pro 1·isiM, or req11irem:n1 of 1h1s Ai;rcemcm or •ny ri~hl or reme.l) hereunder, 11·he1her •~plid1I) ur b) lack of enforcemenl shall nol be construed or deemed as a wah·er of any sub<tqucn1 breach or such 1enn. prol'ision nr requircmen1, or or •n) 01hcr term, pro,iii<,n, or rrquiremen1 THE RC~tAl~D[R OF TIils PAC£ ISTt.~TlOl'\ALL \' LEFT BLANK • l 1. COLOR,llO ~PCCIAL PkO\l<;JO'I(~ Th: Special Pr~ns1ons appl) to all Conttatl• <\Ce;>!" he•e nNrd ,r. it>li:s . A. I. COl'I TROLLER'S Al'PRO\'AL CkS §lJ-lO.l0l (I). This contract shall not be deemed ,·al 1d until it has boon •Pl'«'''Cd ~) the Colora~o State Cnntr.-!le, 01 desisn<t, n. l. FUND A \'AILADILln·. CRS §lJ-30-202(5,;;), f in.ancial oblit3tions of the Staie payihl, afm the cum:nt fiscal year a,, comin ~•m upon funds for tl!Jt purrose bti n, •?p:oprfated. bud,ctcd, ano uheN1S< made available. · -C 3. lr-.DEMNIFKATION. Ce,u,ae1e d,i'II iAdemRi~. s11 e 11F1ii~Pld honntesc 11,e S11l. 'H e~" k!ger.O. i: 1ft 1 ~f. ,m~. 111 ,lei1M. il1~a,,-.1iaiili1. aAd uun ae Ira~ i,uil=~iAl ea.•.s. e?tpeffit!i. a.RC au erne: fte: a11G n:e1r£ liiBSI&. inedfftiE as a f~SWt &rlA! 1£11, eFRiS!5ien ►. fesf1 'RIA~P:. er i1s eFM11 'e>:·ee s, attA,§, &u8ee Atrauc,.:. Uf e1;i,n..-'dl'iWBf~ te th teFl!I S eflhis 18Alf'lel {Appi,c,,J,/, On(,· 10 Jn1ugo1>tmmrn1al Com ram] No 1cnn or condition of this eanll'IC\ shall be cons1n1cd or ime,prctcd as a wai\"Cr, rxpms or implied, or In) of the immunities, rights. bendi15, prote<:1ion, or nther pro\'lsions. or thr Colo,ado Govennn cnu,I Immunity Act. CRS §24-10-10 I e1 seq .. t•r the Federal Tori Claims Act. 28 U.S.C. 2671 ct seq., as applicable, as"°" or hcTafler ■mended . To 1he e.1<nt 0111hori1cd l') law. the Contratior shall indemnify, sevc, end hold hanni,ss lhc State a;ainst any and all claims. damapes. liability and coun awards including costs, expenses and enomey fees and related coSls, incumd as a result of u1y ac1 or omission by Conuac1or, or iu cmployca, agents, subcon1ne1ors, or assignees pur5u111110 lhc 1enm oflhis con1111cL The Con111ttor. b)· execut.ioo of this contratt con1ainins this indemnification clause, docs nol waive the opera lion of any law conuming the panies' 1biliry 10 inderM ify. D. 4. U\"DEPEr-.DENT CONTRACTOR. C CCR 801-2. Contractor shall ptrl'onn its duties hereunder as !n indopend,nt contractor and no1 as an employee. Ne ither conu,,c1or nor any agent or cmplo)"" of contractor shall be or shall be deemed to be en aicnt or employee of the state . Contractor shall pay "'hen due 111 required employment tu.es and income tu.cs and local heed tu.es on any monies paid by 1hc steie pursuant 10 !his con1ract. Contractor ackno,..lcdges lha1 contractor and ilS anploytes are not itntitltd 10 uncmplo:rmtnt i nsurance benefits unless contrattor or o third party provides such eoveraa• and lha1 tht s111c dOC> not pay for or Olherwise provide such coverasc . Contnctor shall have no authorization, oxpms or implied, to bind !he stale 10 any agretmtnl, hability 01 undeis1anding. exctpt as C<pn,ssl y sel fonh herein. Contrac1or shall provide and keep in forte workers' compensation (and provide proof of such insurance when requested by tl1c st•te) an d unemplo)'ment compensa1ion in;111a11c< in lhc amounis rtquired by law end shall be solel> responsible for iu acu and those ofits employoes and agcnu. C. S. NON-DISCRJMINATION. ConlJ'aClor agrees to compl)' with the l,ncr and lhe spirit or all opplica~le Stew and federal 1,w1 respecting discrimination and unfair employmcm practices. F. 6. CHOICE or LA w. ~ laws of the Sim nrColor,,do. and rules ond rrgulo1ion s issued pursuont lhneto. sb311 ~ '~?hed in tht imrrpre.2t.1on. nc:ution, end enforcement of this contr3C1. An)' pro \·ision of this contracL "hcthcr <"T 1101 incorporoted hereir, ~) reference which f>II" ,des fo: 01bi1ration 1') OO) <>l111•judicial !xi~) or p~, s,,n N ,,. !11:h is 011,eJ'\1 isc in conflic t witb said laws, rules, and regulations shall bt con1ide1cd null •~d q,,d Noth in& conuiincd in any pro\'ision i ncorporoiod h,rcin ~) reference which purporu to ncg31c this t>r ••l 01hcr sp,cial p,o,is,on in whole or in pan shall bt "alid or cnforceoble 01 ovailablc In ,ny ac1ion 011, .. ,. ll'heiher by way ~f coanploint. defense. urml1<J'\\1St. An) promion rendered null and void b)' doc oper:uion of this provisioo wlll not in, 01id01e 1~ rernalndes o! this contract, tn the .. ~cnt 1h111his coniracr is capabl e or exceJ1ian. Al all limes during the porfonnancc oi1his con1ract. Con1rac1or shall slrictl)· adhere to all orrh:able r..ierol and S101c 13"'· noles. and regulations 1h01 h11 e b<en or may hercafi,r be established (,, i , \"[:'(DOR OFFSET. CRS §§:4-.\1•-:o, ti) •nd 24-30-20: 4, ( .\·o, .-ippl,cobl~ w Jmrrg u,·,·rnm~ma,' Ai:rc:rmrmc] Th~ Staie: Cornroller ma~ \\. dab'-·1~ JU~ m~n1 uf ccnam deb1s o\\ed tu S13,e •~enc,es unJor tho S101e· s I enoor offsc, m1c rcepl S)'SICm for (1) unpaid child suppcn dobu or child suppon anean~cs: (b) unpzid balonccs oft•~. accmed 101ercsl or 01her ch•r~es sp,drte<l in CRS ,30.21 -JOI . cl seq •. (c, unpaid loons dur 10 the S1uden1 L= Division ,,rt1 .. om« of Hirhtr Educo11un: (d) 1mnun11 req~ired 10 I,( r••d 10 1l1< Unernploymrm Compensaiion Fund, 011d \e) 01hrr un;aid debu cemfied b) 1hc Su,e Con1rolle, u ~" mg to the S1a1e as • result or nnol agency de1enniMt1on or judicial ac 1ion. H. 8. SOITWARE PIRACY PROHI BITIOK Go"cmor's Exccuti,•e Order D 002 00. No Stale or 01her public funds p•~·ablc un;kr this contracl shall b( usc:l for the a,;quisi1ion, oper.ll1on. or mainienance or cnmpu1er sofill':in: in vio la:ion of iedoral copyn~h• laws or applicabl, licensing r,sirictions. Con1ractor here!>> ccrurics that for the 1,rm of thi s cumr3C1 and •n) extension,, Con1rac1or hos in place arpropria,e sys tems and conuols to p:t\<tn: such iml'fope: 11>~ oi public funds. If the State dr1ermincs tha: Con1rac1or is in "iol!lion of thi s pa ragraph. the Staie may exercise any n:medy available a1 l1~ or equil)• or under this conu.ct. including, wilho ul I imi1111ion. immediate termin ation of this contraCI and any remedy consis.tcnt 1'ith fedml copyris),1 laws or applicable lice nsing restrictions J. 9. EMT'LOYEE FI NANCIAL 11\'TElll:ST. CRS §24-18-201 u d §24-50-507, The sisnatories aver 1h1110 1h<ir knowledfc. no employee or the S111e has any personal or beneficial interest wha15oever In the service or propeny de.<eribcd in this conlrlCI. J . JO.PU BLI C CO1''TRACTS FOR SER VICES. CRS §8-17.5-101. {NOi Applicoblt ro ogrttm••ts n/or/ng 10 rht offer, issuance, or sale of ,.c:vrities, im ,mm,111 adl'uory servicer or /IIJl d manag,menl sel'kCJ, spo,uol'if:d proj,cu. inrcrgowrnm,r,Jo/ agr,,mtnli, or i'!fonnaJion 1uhnology scrv/ets vr prod•ets and strvicts} Contractor cenifies. warrants, and a~s that it does not knowingly employ or contract with e n illegal alien who will perform wori: under this con1rac1 and will confirm the employment rli£ibili1) or all cr.iplo) ="ho :u-. nt\\1)' hired for employment in the United States lo perform worl. under this contract, through panic;paticin in the [-Verify Progr.m or 1hr Office program established purtuant to CRS §&-l 7.S -102(SXc), Conl'8ctot shall not knowingly cmplo) or contract with an illqlll alien to p:iform work under this contract or enter into a contract with a subconirae1or tha! rails to cenify to Contractor thal the subcon1rar:tor shell not kno..-in@I)' emploi or contract with an illegal alien to peiform wo rk under this contract Comactor (a) shall not use £-Verify Program or Office propm proccdurn to unde nal:e prt-cmploym enl screening of job applicants while 1his con1rac1 is being performed. (b) shall notify the subconlnctor and the con1ractin& State agenc)' within three days if Contn1<1or hos oc1u1I ~no"·ledge I.hat a subcontractor i> employing or con1r1cting "ilh 1n illegal alien for wor< under this contract, (c) shell iermi nate t he subcan1r11c1 if o subcontractor docs not stop employing or contracting with the illei;al alien within three days of rtcei\'ing the notice, and (d) shall compl) with reasonable req ues\S made in the courtc or an invcsti~a1ion, undertaken purtuanl 10 CRS §S· l7.S-101(S~ by \!,e Colorado Office of Labor and Employment. l fCon1tac1or pat'icip,1es in the Offic• program, ConlrlClor shall deli,·er to the contracting State acenc)', inS1itution of hicJ,er education or rolilicol ,ubdivision a wrinen. ll(lllri%ed affirmation, affinning that Contractor has eumined the leial "or!. ,111us of such employee, and comply with all of 1he other requirements of the O!ncc progrnm. If Con1rac1or fails to compl)' "ith an)· requirtmcm of this provision or CRS §8-17.5-101 ti seq. the contrac1ins State agent). insthe1ticn of hishe, tduc:o:ion or r,•1111.al subdh,sion m•i· 1enninn1e this ,Ortr3CI for bn:ach and. ,r so 1emtina1td, Contractor sholl he lio~le ror d:lma;es. K. l 1.r ttDLI C CONTR.~CTS WITH KATt.:llAL rc11SONS. Cl~ §!J-76 .!--J0I. C "lltt11c1or. if a natural l"'""n ei&htn,n (IS) )e:irs oi age or older. hereby swears and affinns under penahi or perjury tlu,1 he or she (al i• • eitizen or O!htr\\ise lawfoll) pm;en1 ,n the llnilcd SIJtes pui,uon1 w frdtrol law. (b) shall compl) \\'llh the pro\'isions of CRS §24-76 .S-IOI ct seq , and (c) has produced c>ne form of iden1ificalion required by CIIS §2,1-76.S-10, prior to the cfTccti"e d11e of this contract Pape 16 of 17 • , llF. rARTl f.S HERCTO IH \T r.xrrnrn TillS (;R ":-.T a f•rnnnJ u:n•nii: fnr \or1nur hurh~ t"tu and 1:1ffirna d1111 ,h,, arr avd•or'"d •• atl •• C,nn1u'> bthalf lflld 1rLnn•lrd:11. t h.at the Statr ii n ~lar••Mlf rtpn,taUl.o:M1111h1t tl'Tc:rt CR\,.TI[ Cu~ 1t1d Cou nt) Orru,r B 1 Don A l<i.and:, !-TAT£ Of COLORADO BIii Rintr. Jr. CO\'tRNOH C.,....,,,,-·, (llfo:C of H;,cn,l,nd Scain,y ~:u.:.1 C '11111tlC). l>itC:KW Tnlt D:fc:iM'. OIT..-r '[~~enc) ~t1na;cmcn1 :1rd :-t~·~,tlnd ~-:::J•lt~ D11< ________ _ Ow 2..t~S,-~ LE,:;4L RE\'J[W 8) 1',,me of AU!hao,tcd lnch~idu■I Jalin \I' SWl<n. Anomt) Gmcnl Thie: Off,cial Tidr of ~Lllharittd lndi• odual • Sipat11tt • A>sis11111 AUOfflC)' General 'Sianaturt Dn: --------- ALL GR.AN TS REOUJRE AP PROVA L BY THE STATE COJ\TROLL£R CRS§l4-l6.20l nqairn t1w Statr CNl"91kf' •• 1ppr91-c a t:I S..1u: C raau. fik C n •t iJ"' ,11W ntl UC:111d ■N d 1t«I M..,_ b)" Cht S1■1111 Coa1roOtt or tilldftlllt, C ra 11ltt: lt 11101 Hlhermd I■ b tpll pc"9rmut, ••111 sorlli 1..-c.. tr Cra111« bf-iin,- pttftt11-,_ prior tkrl-, lk Sutc i,C C.,.M b NC .Wic9kd 11 ,-) Crn lu i.r aud1 prrr.n111n« or for "'~ t ooch andlu U r" k u Pf'O"·ldt d hcn-nthr. STATE CONTRO LUR Oa,id J Mc.Dtnnotl.Cl'A U11r: ______ _ P•i:t Pofl7 ATTEST: ,, By: ·.--~~·,;":.-.,.-4 . mJ'HA'.NJE Y. 0' Routu,~ •09-000:?:: CfDA=97 0~7 #:2. SJl;Jlaturts -conl'd R: Recorder, Ex-Offic1 · of1be City a.'ld Counry of Denver •··-,_ - APPRO\'ED AS TO FORM : DAVID R. FINE, City At1omcy for 1hc Ci1y and Couniy of Denver RECOl\f M£NDED AJ\'.D 0\IED: B). ~· ~· -:-::-r-;;2::-:;;x;:=-::::::::---- REGISTERED AND COUNTERSIGNED : /'~ Al, ;:_L By: ~ l'- Manager of Finance Contract Conlrol No. GC93002 By: Rr#,J{,{1 ~wU4h.1_ Au ilor · ! /.: / , ' \_ I P,g, 17,of I 7 • • • • :1. [XHIBIT A-APrLIC"ARL[ 1., \I ~ i-ede::al l3wS :inJ rcgula11oru 1ncOfT'(\nled Into th1'-\onuac1 ind u:i~. "nhout iim11at1t\n' I A;c Dim1r.11011 ion ~cl of !9;5. ~: li S.C Sccuons 6101. Cl s,ci l A~• Discrb11nJ1ion ,n Emplo) m~n, Ac1 of I 067. ~o U.S.C. 6" 1-6}4 Americans" ilh Disabih1i,s Act of 199(1 (AD~). 42 t:.S.C I: IOI. el seq • Equ,1 Pay Act ,r 1963.19 u.s.c. 206(d) 5 lmmicra1ion Rdonn and Comrol Ac1 or 19~6. S. USC. I 324~ (, Stt1i,;n 504 of1h, Rrhabili1a1ion ,._Cl or 19;;, "9 U.S.C. 7~4 _ 7 Tide Vl of1he Co vil RighlS Acl of 1964. 42 U.S.C . 2000d S Ti1\e Vll of1he Ch•il RighlS Act of 1964. 42 U.S.C, 2000o 9 ,nle IX of 1he f.duca1ion Amcndmcn1 or 1972. 20 U.5.C. I 681. c1 seq JJ. ~ection 24-34-~0:?. ci Stq., C1,l~Jd=' Re,•,sc j S:oiutc~ i 99i, as emended I I . The applicable c•f lhc following: I!. I . C1>s1 Principals for Staie. U>Ul and Indian Tribol Go,·cmmenlS, 2 CFR ~:5, tOMB Cored,, A·S7l: I 1.2. Cos1 Principals for Educa1ion lns1itu11ons, 2 C F.R. 220, (0MB Circulat A-21); 11.l Cos, Prlnclpals for Non-Profi1 OrJan1u11ions, 2 C.F.R. 230, (0MB Circular A-122). aod l 1.4. Audiis of Stales. Local Go,·emments. and Noo-Profit Ori;anillllions (0MB Circula, ,.. );3J: 2nd or the Colorado Local Go1·cmmen1 Aud ii Law, CRS §:9-1-601, e1 seq, and 1mplcmcntin£ rules and r<£ulations . 11 .5. lmmigmtion St11us-<:oopm1ion with Federal Officials. CRS 29-29-101. cl seq. 11 .6. Da\'is-Bocon Ac~ 40 U.S.C. SS 276a io 276a-7. 11.7. Copeland Acl, 40 U.S.C. S 276c and 18 U.S.C. SS 874 . 11 .8. Contraet Woll. ,iouri and Safety Standanls Act, 40 U.S .C. SS 327-333, regarding labor standards for fe derally wisted construction sub-awuds. 11.9. Wild and Scenic Rivers Ac 1 of l 968, 16 U.S.C. SS 1271 el. Seq, rc!11ed 10 pro1cc,in@ compon,ni. 01 po1entiaJ components of1he national wild end scenic rh'ers system. 11.10. National Historic Prcscn·a1ion Aet of 1966, as amended, 16 U.S.C. 470, Execu1ivc Ordei No. l 1593 (id:ntilication and prolCction or historic properties~ and the An:haeological and Hmorie Prcsm•ation Act ofl974. 16 U.S.C. 4691-l e1, Seq. 11 .11 . Stafford Disas!C Assistance and Emert!•ney Relief Act 42 U.S .C. 5 121 c1 seq. as am ended. 11.12. National Flood lnsuroncc Act oft 968, 42 U.S.C. 4001 cL Seq . ) l .13. Compn:hcnsivc Environmental Response. Compensation, and Liability Act of 1980. 42 llSC ICX. II .I◄. Office of Defense Au1hori:r.ation Act of 1986, Tille 14, Pan B. Section 1412. 50 U.S.C . 1521. 11.15. USA PATR IOT Acl onOOl,(Pub. L 107-56). 11.16. Digital Television Tnmsition and Public Safely Acl of 2005, (Pub L. 109-171) 12. Federal Emergency Manascmcn1 Agency, omce of Homeland Security Regulations: All Applicable Pon ions or 44 0 R Chap1er I." itb 1ht folio-. in~ Paru special!)' no1cd and applicable 10 111 gronu or fl:MA/DHS funds : 12, I Uniform Adminis1ra1ive Requirements fo r Grnnu ond Coopcroti vc Agrctments 10 Su11c and Loral GovcmmenlS, 44 C.F.R. 13. 12.2 Govcmmcmwidc Dcoonncnt and Suspension (Nonrrocureme111) and Requirements for Dru;:-Frcc \l'orkplacc. 44 C.F.R. 17. 12.; Ne-, Re11ri:tiMsonLcbh)ing,4J C.F.R.16. I:. rrh·>c)· AC! of I 97•1. 5 U.S.(' S 5529 and Rccula11011s adopted 1hcn:undei (44 C.F.R . 6). 14. Prt'hibi1ion •£•insi use ofrdcrol Fund, for LnbbJ in~ 31 U.S C. ) ;<~ 15 '-~" rf :ht iu11:1 mode t,a,lahle 1l1rough th1s a~rceinen1 shall bo ui<d ,n contm·cn1ion of 1lw: Fed,rnl buildisss performance and rrponing requirements ofExecull\'t Order No. n 123, pan j of1i1lc \' of 1h, l\alional Encr~· Constl\Alion Poli<) Act. 4~ U.S.C. 8251 Cl . Seq .. ar sub1i1lc A of 111k I of the En••El' Poht') A<I of2005 (incluJ111g lhc omcndments made thereby). 16. None of the funds made 1,·,ilable shall be used in comravcniion of scc1ion 303 of the Encr~· Poli<) A<I or 1992. 42 u.s.c. 13212. 17. Buy Americe n Ac~41 U.5.C.10ac1scq. 18. R,le,-anl federal and Si.ale Gron! !'rofra,n Guidlanc< rasc I of I -Exhib11 A -Applicable Lows 24. EXHIBIT B -ST A TEMENT OF WORK -GRANT APl'LICATION I. DELIVERABLES: 1.1, Qu1r1trl)' Fla11dal Stahl• and P,o:ress Reports. The projec:1(s) ap~ro1•ed in this Cram are 10 be complmd on or before \he 1t1111i1111ion date 1111,d in 15 of the Ctant Agreement. Grantee shall ~u~mit quarterly financial status and programmatic progress rcporu for each project identified In this ag=mcnt ir.:ing the forms provided~) lhe Office. l\\O copies with original signatures shall be submitted in accord&nct ,.;th the Khedulc below: RtDOrt Period Janlll!Y -Mllcla Aoril-June Julv -Se01omber October-Decamblr D■eDlt• ADn130 July 30 October 30 ,_ 30 1.2. Fln■l Reports: Grurtee shall wbmlt a final financial swus and prosress report 1h11 provides flllll flnancial reconciliation and a final cumul ative panllproject accomplishmcnu report whhin 45 days of the end of the projec1/p-ant period. Obliaalions or funds may mnaln on the final report, Th• final rq,orts may lllbst!Me for lhe qlllllffly RpoRS f0t the final quarter of 1hc grant period If all projecu arc completed before the tDd of the pant period, die fillll repoct may be submltlld • my time bei'cn ill final due elate. Fur1her ,q,ora lft not due aller the Office has received, and sent n«ice ofacaptaKe of the fma.l cran• rcpon. 1.3. Noe-Fedenl Matcb : This eoo-federtl ma1Ch secllon {,h,cl on,) 0 epplics to or does not apply 181 to this GranL 1.C..i1.J111!11 this ClrWlt requires a ,-foclenl ma,cb comriblllion of NIA of pen ofihe total Orant budget. Documanalion of cxpcnditurcs for the non-fedenil ma1eh comribulion is required ,.;th each dnwdown request. The match (ch,cJ: DIii) 181 may or may not O include in-kind IIIIICh. 1.4. Otbtr DeUvcnbles: NI.A. 2, PERSONNEL: 2.1. K<JPenoDDd 2.1.l. Rapoulble Adml11lstnl0f. Grantee's performance hemmder shall be under the d1rcct ,upcr,ision or P•n 6!l'3ID\1£C an employee or agent or Grantte. who Is hereby dalpted IS the responsible admlnisntor of this project, 2.1.2. Repb .. meal , Grantcnhall lmmediacely no1lfy the OITacc if any key pclSOIIMI cease to 5'1\'C. Provided there isa good-faith rcason forthrch1111ge, if Grantee ll'ishes to rtplace its key pcnoMel, it shall notify tho omcc and seek ill appro,'11, which shall be 11 the Office's sole discretion. as the Office issued this Grant in pan rcliancc onCrantee·s rcpr,,sentations rcaardin11, Key Personnel. Such notice shall specify why the chan11,c is necnsary, who the propoJCd rcpl1c~nt 11, "hat hblbu qualifications are, and when the change will take clTect, Anytime key personnel cctst to sme, the Office, in ill sole discRlion, may direct Grantee to suspend wo!lc on the Projoe1 until such time IS replacements are epproved. All notices KIii IIDdct this subsection shall bt sent in accordance with §18 oftht Grant. Paae I of 13 -Exhibil 8-Stllcmcnt ofWo<lc-Gran1 J\pplicalion • • 3. TESTII\C Af\.0 ACCEPTANCE CRITERIA: 3. I . TI1t Office shall rn1lu31c 1his ProJctl(S) throush 1hc rrview orGnin1ee submined fir.anciol and pr~~•css rcpons. The Offict may 3Jso cMdU{'l on-s11, monuonnr 10 dcttrminc whe1hcr the Grantee i~ mttting'mc11hc ,,.,rormancc coals. edminis1roti1e standards, financial managcmcnl and other r,quirnn<nlS of this i;nlOI The Office "ill ~i~· Grantee in ad,·anet of such on-s 11 e mooitorins-4. PAYME!\"T: 4.J. Payment Schedule: Grontcc shal! su!m:it re.:;uc,a r,. rdmbu rscmen1 using the omee pm1·ided fonn at lctsl quonerl )'. ho original si£71«! cories of 1he rcimbursemenl rcq-JCSU llr10 due on the same dates :s the required finoncial re pons. All roquests shall bc for tlicible ac:tual ~ses incurred by Gran1ee, as described in dewl in i i of1his ExhlbiL Requesn shall be a.ccompinied by supponing documcntalion 10111ing at leas1 \he amou01 rcqu-cs1ed for reimbursement and any r,quired nor,-fcdml match con1nliulion . If any financial or progrm repons arc dtlinqucnl at the time of e payment rcqutsl. the Office moy witbhold such rtimbursemenl unlil the required rtpOrlS ha,-. betn submined. ◄.2. Payment Amoual.: If non-federal m11ch is required, such match shall be documcn1td "ilh '"'IY payment request. Excess INlch documented and submined with one rcimburscmenl request shall be applied to subscquen1 requesu as necessary to maximize 1he allo.,..able rcimbursememt. 4.3. Rn1lttnce Address. If m.1iled, payments shall be remined to 11v fol\owins address unless ch&n&ed ir> accordanc• wilh §It or 1he Gra nt : Cir,• and Count\' of Denver 201 West Colfax Dept 90R Dem·er. CO 80202 S. ADMINISTRATIVE JlEQUlRE.Jl.fENTS: S.l. Rtquirtd Doeumcn111loo: Sufficient dcl1il shall be pro,·idcd wilh reimbursement rcqueslS to demonSlnttc thal expenses art allowable and appropriate as det1iled below: S.1.1. Equipment or 11111:lble eood1. Requests for rcimbursemcnl foi Wlgible personal proreny with • purchase price oflcss tb an S5,000 per item shall include the in1·oit, number, description or item purchased (e.g. radios). and 1he location and number of items. For equipmenl items with a purchase price of or exceeding SS,000, and a u,cful life of more th an one yCM. the Grantee shall provide a copy of the invoice and include a unique identif)•ing number. This number un be lhc manufacturer's strial number or, if 1he Gren1ec has its o"n t~istin, in\'tntol) numbering S) Siem, tlw oumbcr may be used . The location of the equipmcnl shall also be provided In oddition 10 oni:oinr 1111cki11S r,q11irnncnis. Gninte, shall ensure tl1a1 <quipment "11h per unit coSI of S~.000 or more art prom,nentl) marked in a mann~r ~imilar 10 the folio\\ ing . Purcl11scd with funds pro,H cd b\ ti-.:-l 1.S. Otpm menl of Humel~nj St :u:11~ anJlor Ff.MA oi appropri3tc. S. U . S.n ices. Gr.mlffl shall include controct/purcha,e order numberts) or employ" ntm'1. tht datc<s) th• mviccs '""' pro1·id,d and rhe nOlurc ofth• se,\'ites. Gron1ces shall rtlain all procurement and payment documentation on site for inspection. This sholl include, but n01 be limiled 10, purdlasr orders, recch•ing documenlS. invoices, vouchers, equipment/services identifi cat ion, and time and dTon repons. 5.2. P rocurtm ut: A Grantee shall ensure i1s procurement rolicics m~t or exceed local. stale. and ftdcrnl requ irements. Grao1ce. should refer to loco I. Sla\e, ond federal r ,ge 2 or 1J -fahibil D -Slalcmml ofWorL -Grant Application ~u,donc-, r,iur 10 mal.in~ del1 r.1on~ rcg:i:~dm& coinpe1111,·c bids, ~olc sourct or othtr pro:un::mcn1 issut-S Jn Ddd11ior1: 5.2.1. Any sole source 1ransac1ion in cxco:ss of S 100.000 sh•II bt •rprcwrd in •d"an:e t,i· the Office. 5.2.l. Gran1ccs shull ensurr tlm· (al All procurement transactior.s. "nclh<r ne£0llatcd or rompetith cly b,d. and "1thou1 re~ard 10 dollar ,·,lu c. an, condumd In a m•nn cr 1h11 provides m:i.,imum open and free compe1iuon: (b) Grantee sholl be alcn 10 or~aniza1ional connicts ofintcres1 andlo1 non-co111po1i•iv1• praruccs 1111ong con1rac1ors that lllll) rt<irict or elimin,te compcthion or othcr"'ise min.in trade:(<< Cont,.ctor> "ho de1el~1• or 0111ft S;'(:1fico1ions. requi1emon1s. sunancnts of worl.. and/01 Requests for Prcp<>sals (RF!'>) for a propo;ed procurement shill bc excluded f,om biddini; '" subminini; a propo,ol 10 compete for~•• •"ard ofsuch procurement and (d) Any n,queSt for exemption of item•·• within thi• subsection shall be submined in wriung to. and be approved by the authorized Cnntcc omci•l. 5.1.3. Grantee shall verify 1h11 the Contractor is nol debarrtd from psniclpotion in stole and federal pror,ram,. Sub-grantees should review t(lntnmor debar.ntnt infonna11on on h1tp;J/wv.•w,ep)5 1gov. 5.2.◄. When issuins ~uau ror proposals, bid solicitations, and other published documents describing proje<:IS or prosrams funded in whole or in pill wilh lhese [!Tint funds, Grantee and Subrantees shall : (a) state th• percentage of the 10111 cost of the program or projeel which \\ill be financed vdth grant money; (b) Nit the dollar amoun1 or Stete or federal funds for the projeet or program; and (c) use 1he phru<-"This project "'IS SUPponed by grant 119RHS"117J1 , issued by th• Go•emor's Office ofHom<'l and Securi1v:· 5.2.5. Grantee shall verif) Iha.I all purch~ are listed in §6 of this Exhibi1. Equi pme nl purchases. ifany, sh•II be for hems liSted in the Approved Equipmenl List (A.E.l ) for the gran1 period on the Responder Knowledge Ba se {JU.:B). 11 hltp~/"'"" .rkb.mipLor!, 5.2.6. Grantee shall en sur< 1h01 no rights or duties exercised under tl1ls gran~ or equipment purchased .,.ilh Grant Funds having I purchase \'llue or SS,000 or more arc Msigncd witbout the prior wrinen consent or the Office. 5.2. 7. Gran1ec shall cnsurt that all funds art needed 10 suppkmcnt and no110 supplant the Grant«'s own fund s. 5.3. Addirioul Admlo istnll•·• Rtquircmonu: Any change in the scope of a project. includin& the purchMe of equipment not shown in this fahibit, or any change equal 10 or crea1er than 10,. (cumulati\'e) 10 the budget shown in th is Exhlbi~ requirc.s I fonnal amendment 10 this contract. THE R[JIIAl!'iDER o r TIJIS rACE 11'1ElfflOJ.;ALL' LtfT Ut.AJS'I( Pagd of I) -fah,b,1 D -S101emen1 of \\'otl. -Grmu Arplica11on • • 6 GR.'-:-01 .-.rrLJCATI O~ -BUDGCl ITCMl2A TION: ICo lo,-do Hom•land Stt uril\' Gron! pro~r■m • FY !OOR FY 2008 BUDGET SUMMARY , .. )ttl r~.11,lec ,.tnoHd tuffllr T,...., c.--· -· • 1,, .• ,.,,.,, I t~U~ , ... , .. ~ ,ro,ca 2' ,00,CU>' ..... I I ...... ....... .._J . I tu,D I IJ'/,11'1) I .,..,.. f !l,J,OC/ .,_. I I • ••"m I P .)!) ....... ' I I .,_, i'l,j,al ....... I ,, ... , • n-10 I "'°"" II • ~u l'ro,ICI I) I P'rritee1 1• I I l'top:1 IS I I I '"~ ..... 1, I.NUS: I ~ A ... o ... N&~ j, ,n.,a J ltu.1,il&A~_. I• m .,.u I TttllCnat l.fciffJI I• .... , .... 1 Pagt4 ol 13-E,hibil B-S111t-mcn1 of Work -Gnni A1'fllit11ion Prujtrl Prlorh) Numbtr and J'\amt:: J. J[I) rrep:.rcd.nru: Prolt:tlion, Prt,'tAlion, Respon,c, Rtco1•try This proj m will focus on strtnCthcning pro1e,.1ion, protection & dttcncncc tluough impro"td CBRNE dettc1ion, CIP 1e1il·itics. and impro1ed informa1ion sharing. h "ill also focus on ompro, cd ptt-de1on1tion resporue opcnuions to JED lhrougt, planning. acquisi1ion or equipmcn1, 1t1in1ni ■nd umiscs to ensure lh■t oomb squads as "•II as olhcr rcspondtr agencies h:l,·• lht nt:~ t«>ls to def.a, ae1u>l or suspected de,·ices. Pase 5 of I 3 -Exhlbil B -S111cmen1 of Work -Gr1111 Appl!c,oion c;, Jr rmm · ,...,..,,,._ ___ 1.fP --... ~I\=.,.;::;.~.;::-==_==============~ ....... ...,...o,,_, IJ1 t,,., ..... nr.""'"·""""""°ll .. fl! ,_ .. ,_,.,.,.._ I::-...__,.,...._ ... , -· ---·· -· ..._ ...... "-" ... "'"'< I I j ~~ALI, ,.__._,..•0.1.IIOII ~ I lt:J!:.. I. .1 ::.::--==e.:--:::_ l(g::'. I! ~-II :::I fle-l~I. l2 s1r--:-1,!~ I ~· Ii :;I! ~I _,....,. .. _ .., ,,.., ... .,_.,__ Ii.• •--•--I"'• ,,. ·• f1:JrCmsJJ Pai;• 6of 13 -Exhibil 8-S111<m,n1 ofll'O<t -Gnni Af'l)lirn,on ProjtCI Priori~ Numb,r •nd 1'"amr: 2 -Cnluo Pr<paredntss This proj«t cominues lh< efTons of our public educntion camp•itn. JU:ADY Colorado. Our primary ~••I is to educa1e and motivate ciliuns in10 tal.ing action in pr<pa:ing for, pr<veming. •nJ supponing rtSpOnse and recovery efTons pre, durin, and pos1 disas1cr, Ci1izcn outreach 11i tl, campa1i:n panners includes printed products, internet, media and f1ce-10-r1ce t\'en1 paniclp,1ion. ""a• 7 of 13 -Exhibi1 D -S111emen1 of Work -Gnni Applica1ion • • . '""'--"-I t OI I ~r•• ... ,.,. jc ... .i~r ' "'"·~•..,·-I•,.. ... .-.,.~ ..... , ...... , ... ,11 I I ["'lttacg ;l;; I .,._.t_.__[D '-'--'-(< ............ I ______ .. ,I..ASI c...~-~ I "'-.....,~:>tlr-JJ:C____.1"!.:psr.Mu~hn .. ..,.w,,. I , __ , • .,...(.,......,. 1c----l'n:W~1111'1:!f-ll"'.allll., I ,_ . ..., 111!~ ........ thl(_....,,....l'rll~(-D'-< I .....,,._,,1 '-'--~C........ I --·---,1,ica,1.M•W1 -----' . -....... . l ·-._ l l ·-· I -· .....,.,,___.,.L. .·~ ..... I I --·--- I 1 I .=:. I fltl==I---1~-1-1--1 TOl w.S I w..-...... """"""''"J',,C • 111. .1~~ .. \® I : 11 i~il !1 :: I W.-o\-.,CIUO,"QCL , .. 1-1= 1-1 .l'=!e::: 1·-I .. 1· ••· 1: ::1 ll'l'Ohlo !I ' ..... A...it\OOSC I I i I I .1 i I I u ·1 UlO'l4.L :. ' s... ........... n...~ I I I I I -1 I I j h I llll10hli :t ' s.....-..... (Ol,roc,C, 1 · i,-I""' I'" I 1·-=·· I'"' ; -j· j1 ·-1 ustett,L i ' ·- I Ot!Jrrw:m ~ I • f'tt<lo'1)-EJ<hib,I B -s .. nn<111 o!\\otl • ,.,.,. Arrliation l'rojrcc Priori!) Numbtr and Non,r: 3 -Phnnine This projoc1 will continue the implcmcm01ion or c•p•bilitics !wed planninf. This includes th• salary ror Ille pl>Ming suirr and con1ractors "t.i will implement our revised s1r.11oi;ic plan and ell planning ec1h'itics which ore included in lilt ~Is&: objec1ivos orllle stnllcgy. Funds will 1110 be used 10 acquire plannini sofiwar<. The specific accomplishmenis 1h;n we will othicvc arc: Rcvl""'-lnd revise commiuee worl<plans and u ... SI s1n1egy: complcir COOPIC'OO elToru wilhin rublic ''°n<ics and continue 10 e,pand those dToru into the ori•·•tt sector, micw, m·ist le SJ nchronizt emergency opcra1ions plans: and cor.1plt1t annual cap,1bili1y en~ mt asscssmon1 Paa• 9 of 13-Exnibi1 B -Statement ofWork-Gr1111 Application • • • .,... ..... ., .... ,~ 9riefm591 a...-.r-. ........ LD ·---· -;..:~-----------------~ ...... , .. _IUl:IUAl'•r--. ---~.=,;,,__=_================::::: ~===============-======================~ ,...,,..,..,.....,..~ :=::::=====================~ •-""""C l'' ~F'IIJIIWlf,111.Jr:.i-"' ......... ( ...... 1 .....,,_,1; I i.-i..-c...._ -· -· -u m ,_, -· -l tffM. I W.-•..,ft.UO.NC I I I J..J .I II 1 " Ii ,-o I H jj rwji P11010 of 13-Exhibit ll-Slalomcnt of WOli -OMIApplicotion ....... - .,,.. -- 4-lolrroprrablr Communictions This project will con,inue the implemen111ion of the regional 11:iical in1eroperable commu.,ica1ioru plM (TICPJ which incl u1es lhc acquisition ofbo1h infl'lltructcre r end-ui:r equipmen~ and training and exercises. Radio, microwa"•· ham radio, repealer, and infrastruc1u«· equipmen1 will hc purch11Sed and deployed, upgrades 10 inr111s1ruc1ure nnd 10 existing rudios, training will be prodded on 1he equlrmen1. plnns and 1r•ini11g will be ••md. Page I I 0()3 -txhlbil B -S1a1<mro1 of Work-Gran1 Appllca1ion • • • • •-~ t._r_~_., __ _. 1~,....,1,._ .. _ ... □ ·-··----... , ,-------,_-_-.,-.• -----------------. ... ..._ .. , ~,---,...,"-:-.,,.,,,,,... ... I _· ,_c---__ ... ________________ __, ,-.... 1...,..,---1,----..-~· ::::::::::::::::::::::::::::::::::::::::=: '"-'1"-•t 1,narp,a....,..._IM~C--.,.--~ ...... ,_.,., ...... ....-~- ....... S....A,-1 rt1UO!'C'ttt, I j I ..!,,4L:f. j, ,W.4-4-t•(rlll I I I _!,Au I, H W.....t..rc~ I I I I I .... ~ COtlf'MO'T ,_ ........... __ __ _ ..... ___ __ Pace 1, ofl3-u:lribil 8 -Siatcmt'ftl of \\'orL -GrantAp1dica1ion 7 , ....... - ..~JU .,,,, ... .I .! Prujttt Priori1y 1'umllc:r !lnd Kum,•: --1 .... __ __. t..........._, , ,......__. __ ,...._,_, 1•-•11-All'l ..,._,,___,. , .... ,._ .. _~ ......... ~,_,.f" ::==============================~ ""'--~ll ::==============================~ ,.._,.,.,_, '------------;.-:..-:..-:..-:..-:..-:..-:..-:..-:..-:..~----, I I I I! 1 1 • P11< 13 of 13 -Exhibi1 B -S1•l•mcn1 of\Vork-Granl ApplicOlion • • • For Official Use Only BY-LAWS OF DENVER URBAN AREA WORK ING GROUP Preamble Revised 3/4/04 Re-revised 7 /22/04 Third Revision 2/16/06 Conforming Revision 3/15/05 Fourth Revision 9/20107 Fifth Revision 12/6107 The U. S. Departmenl or Homeland Security has Initiated an Urban Area Security lnilialJVe (UASI) Grant Program lhe purpose of which is to facilitate planning, equipment acqulsi110n. training, exercise support, and administrative support for initiatives, programs and interagency coordination associated with lhe delivery of emergency services lo prevent, manage and mitigate dlsaslers and other emergencies. The programs and services which will emerge under the UASI initiative will apply to the City and County of Denver and to the twenty-five (25) cities, counties, transpor1alion district and fire districts contiguous with the City and County of Denver, plus two cities (not contiguous but added due lo OHS policy guidance) which are listed below. Denver and the twenty-seven jurisdictions and organizations collectively will be referred lo as the Participatirig Entilles or Entttles. Additionally, effective 7/1/06, a "buffer zone" as defined by the U.S. Dept of Homeland Security was modified by the SAA al the request of the Working Group. That buffer zone now consists of six counties (Boulder, Broomfield, Clear Creek, Douglas, Elbert and Gilpin and their member jurisdlcllons) which are part of the Denver metropolllan area but not part of the defined Urban Area. The buffer zone was defined to encourage UASls to take an inclusive regional approach to preparedness activities and to include additional membership from the buffer zone as appropriale. The City and County ol Denver, as the core city reciplenl ol lhe UASI granl funds , will fulfill the following core roles in order to achieve the goals of the UASI grant Work with the Colorado Department of Local Affairs , Division ol Emergency Management Point of Contact lo implement the UASI granl. Define the urban area. -Identify the contiguous cilles, counties and lire districls thal comprise lhe Partlclpaling Enrnies In order to determine the initial composition of the Working Group. Work with the members of the Urban Area Working Group. Achieve agreement on grant budgets to be submllled to ODP. Article 1 .. Purpose A. The Participating Entities will: j E X HIBIT f B Woom gGroup Page 1 ofll Bv,Laws: Rev,sed 12/6107 For Offioial Use Only 1. identify a primary voting member and one alternate voting member to represent each participating entity on the Urban Area Working Group.; 2. assure that requ ired agreements involving the respective Participating Enlities are lully executed; 3. assure multi-disciplinary participation i n the UASI Grant process to include law enforcement, emergency medical services, emergency management, lire services, hazardous materials, public works, governmental administration, public safety communications, health care, and public health; B. The Urban Area Workln;i Group will serve the following purposes end functions: 1. To be responsible for the proper development 'ltall Urban Areas Security Initiative grant elements and reports. 2. To take action on funding , policy and program recommendations . 3. To conduct and update, when necessary, the urban area risk assessments. 4. To develop and update, when necessary, the Urban Area Homeland Security Strategy. 5. To address planning, equipment, training, exercise needs and operatJonai aciivities of law enforcement, emergency medical services, emergern.y management, fire service, public works, governmental administration, public safety communications, health care, and public health of the contiguous jurisdlotlons and lll'f! di!!lr1cts of the UAWG, using available grant funds, • 6. To determine the distribution of grant funds across the six funding areas es defined In the Urban Areas Securities Initiative Grant Program . 7. To promote the coordination and Integration of plans, training, equipment • acquisitJon, exercises and operational activities with the State and the North Central Region. 8. To incorporate the Incident Command System within au 11,'St responder operations during the grant period and to implement the National Incident Management System (NIMS) when It becomes avallable. 9. To accomplish any other UASI grant initiative related task defined In the UASI grants or the Strategic Plan . 10. To add or delete additional members, as necessary. Article 2 Membership The Participating Entities on the Urban Area Wo,l..;ng Group are: Adams County Arapahoe County Jefferson County Denver, City and County of (2 voles) Arvada, City of Aurora, Ci1y of Cherry HIiis VIiiage, City of Commerce City Working Group Sheridan, Ci1y of Thornton, City of Westminster. City of Wheat Ridge, City of Arvada Fire Protecilon Districi Cunningham Fire Protection Distric t Greater Brighton Flre Protection Dis trict Littleton Fire Protection District Page 2 of 8 By•Lllws: Revised 12/611)7 • • • • For Official Use Only Englewood , City of Glendale, City of Greenwood Village , City of Lakewood, City of Littleton. City ol Regional Transportation District (RTD) Edgewater, City of A. Voting Members: Nonh Washington Fire Pro1ec11on D1s1nc1 South Adams County Fire Protection District South Metro Fire and Rescue Southwest Adams County Fire Protection District West Metro Fire Protection District Colorado, State of /By-laws revised 9/20/07 to add RTD & Edgewater./ The City and County of Denver, as the core area for the Urban Area Security lnttiative, will invite leaders from the Participating Entities to appoint members to the Urban Area Wori<ing Group, in accordance with the UASI program guidelines. Invited leaders shall be either elected or appointed officials, representlng the jurisdictions, or executive managers representing organizations such as a fire districts contiguous with the City and County of Denver. Eech Participating Entity $hall appoint a voling member as a primary member to the Urban Area Working Group. Each participating entity shall have one vote on the Wori<ing Group; except that Denver, as a City and a County, shall have two votes on the Worl<lng Group. In addition, the Participating Entity may identify one alternate member to the Worl<lng Gro up to represent the entity when the Working Group primary member is ab sent from meetings. The members a.nd alternates will serve without compensation from the grant. Voting members to the Urban Area Working Group may be selected from law enforcement, emergency medical services , emergency management, fire services, hazardous materials, public works, governmental adm inistration, public safety communications , health car,e, and public health. The selected Working Group voting member fOf a participating entity wlll represer,t al the responder agencies and organizations In that participating entity once appointed to the Working Group. In addition, The UASI Grant Program Point of Contact f rom the Colorado Department of Loca l Affairs, Division ol Emergency Management, shall be a voting member ol the Working Group. 8 . Non-Voting Members: Non-Voting members to the Urban Area Working Group may be invited by members of the Working Group to participate in the UASI process from law enforcement, emergency medical services, emergency management, fire services, hazardous materials, public works, governmental administration, public safety communications, health care, public health, transportation, private industry or any other organization deemed to have resources, expertise, or capabllltil!s relevant to enhancing the urban area preparedness . Working Group Page3ol B By-Laws: Revised 1216/0i For Official Use Only Article 3 Powers and Duties of the Urban Area Working Group A. The Urban Area Working Group shall be responsible lor the following: 1. Fullfillment of duties l(•merly performed by the Urban Area Leadership Group. including : a. To rev,ew and approve budgets to b!a! submilted to OHS b. To re\1ew Af,d approve the Strategic Plan developed for the UASI grant. c. To review and approve UASI grants for submission to OHS d. To assurP !he UASI Grant program. reporting and evaluation requirements are beirg met. e. To Issue any policies and t,.,~1;,1J~~ u, is required to achieve the goals, objectives, and tasks of th1. i ,.i.:1 9 .. ,, .. f. To ratify amendments to these bylaws. • 2. Program Management Recommendations -The Voting Members shall conduct , • manage, and control the affairs and activities of the Denver Urban Area Working Group and make recommendations In matters pertaining to the administration, programmatic direction and operat ional direction of the Urban Areas Security Initiative grant program In accordance with the Strategic Plan. 3. Program Definition and Planning -The Urban Area Working Group Voting Members, or subcommittees thereof, shall be responsible for defining the Urban Area Risk Assessment; developing the Urban Area Strategic Plan; developing the Resource Capability and Needs Assessment; assuring the National Incident Management System (NIMS) implementation; Identifying other training and exercise needs; equipment acquisHion; identifying and addressing legal considerations; defining requ ired communications/inforrriation technology: and overall inltialive management and administration. 4. Budget Preparation-The Urban Area Working Group Voting Members, or subcommittees lhe1eor, shall be responsible lor preparing grant budgets !hat will Include line Item• for program administration and management staffing, purchases, training, exercises and program eva luation. 5. Equipment Supplies and Materials Purchases -The Urban Area Working Group Voting Members, or subcommittees thereof, shall be responsible for determining the equipment, materials and supply purchases to be made with the UASI grant funds. based on its priorities as determined by the risk scenarios , risk assessments , • \'/Orl<,ngGroup Page 4 of e By-Laws: Revised 12/6107 For Official Use Only capab~1ty gaps , and s11ateg1C plan. • 6. Publicizing the Program -The Urban Area Working Group, or a subcommit1ee • • thereof, shall determine the methods and type of publicity used lo inforrr. lhe public about the Urban Area Working Group's processes and progress and to make the Initiative familiar to the general public. 7. Program Liaison -The rb an Area Working Group Voting Members will maintain proper communlcatlor ~ ~~ ,;een the grant program and the leadership within the local jurisdictions, C(1'111ty juris!llcilons and fire districts contiguous with Denver other metropolitan area j1,rl~diction;. and organizations , the State, and OHS B. Terms of Voting Membe ,. • A Vciting member will maintain his/her position on the Urban Area Working Group ;-,rv. :i appo;nted by the participating entity, until lhat appointment is terminated or c.hanged by the participating enUty. C. Vacancies on the Urban Area Working Group -Upon detenninlng that a Voling Member has been absent from three consecutive meetings , the Urban Area Working Group Chair shall Inquire or cause inquiry to be made lo determine whether said Voting Member intends to retain his or her seat or whether the jurisdiction that the Voting Member represents Intends to continue participation on the Urban Area Working Group. If the Voting Member falls lo respond or If the Chair deems the Voting Members' response lo be Inadequate, the Chair shall cause written notice to be made lo the Voting Membe(s participating entity staling a vacancy has occurred In that organization's participation on the Working Gr01: ,. A vac11ncy that occurs on the Urban Area Working Group shall be filled by an appointment made by the participating entity. Article 4 Role of the Chair A. Urban Area Working Group Chair -lhe Urban Area Working Group shall be chaired by the Director of the Denver Office of Emergency Management or his/her deslgnee. B. Du lies of the Chair • The Chair shall preside al each meeting of the Urban Area Working Group, c • ••<1 the agenda for the meetings lo be set, carry out general e ~utive responslb1111,.,s, appoint commit1ees as deemed necessary, and represent t vs of the Urban Area Working Group. C. Committees -The Chair at his/her diSCfetion may appoint committees lo sludy and report on any matter of c-oncern, to d1all proposed policies, or lo develop and propose any position, or for any other purpo~e. The chair shall appoint committee chairs of the Urban Area Work ing Group. Any •eport or proposed position developed by any commit1ee shall be presented to the entire Urban Area Working Group for 11s approval at any regular or special meeting . Working Group Page 5 ol 8 By•La ws: Revised 12/6/07 For Official Us e Only Article 5 Procedures A. Regu lar Meettngs -The Urban Area Working Group shall hold as many meetings as it deems necessary, which shall be held at such limes and places as the Chair, In consultation with Members of the Urban Area Working Group, may determine. 8 . Special Meetings -Special meetings of the Urban Area Wooong Group may be called at the request Chair of the Working Group. Speci~t meetin1·, shall be at such place as the Cha.ir of the Working Group, may determif ,.~ C. Meeting Notice -Wherever practical, Iha time , ~ • ,ce of Wooong Group meetings shall be communicated to members at least 7 days p. ,· to the regular ,neetlngs. Notice shall include agenda materials and will be deemed to be given when said material is sent via facslmlle, personal delivery or eleclronlc mall lo the Group members. Representation at e meeting shall constitute waiver of any failure of notice. D. Quorum -A quorum, for the purposes of corductlng Urban Area Working Group business, shall consist of fourteen (14) voting Urban Area Working Group members or their alternates present at a meeting. For the purpose of determining a quorum, the • participating entity ahemate reprssentatlves will be counted only when the primary • voting n:?mber Is absent. E. Voling -All acts of the Urban Area Working Group shall be by vote wnen at a regu!ar o: special meeting. Only Urban Area Working Group Voting Members shall vote on Urban Area Wor1dng Group issues. Each Urban Area Wo•ldng Group participating entity shall have one vote. Absent members are encouraged to send their alternates, but proxy votes (defined as one entity voting on behall of another entl1y) shall not be allowed. Motions shall pas!. upon a majority vote of the members present. However, the Chair shall retain the prerogative at any time to pc,:I absent members for conlrovJrsial Issues. In such Instances of polling absent members, the chair will call for a vote of the members r esent at the meeting but will suspend the outcome of the vote until the polling of the absent members has been completed. Upon completion of the polling, the chair will combine the vote totals and then declare the outcome to the Wurking Group membership. F . Agenda for Meetings -Agendas shall be distributed by mall or sent by facsimile, personal delivery or electronic mail to alt Urban Area Working Group Members. Members shall have the rigM 10 have Items placed on meeting agendas . It shall be the responsibility of any Member desiring to have an item placed on an agenda to present it to the Chair or administrative staff person wtthin a reasonable lime lo allow Inclusion of the item on the agenda p1 ior to distribution. The ayenda may be changed by majority vote of the members present. Worl<lng Group Page6ol 8 ey-La ws: Revised 1216/07 • • • • For Official Use Only G. Minutes and Records -Minu1es shall be recorded and transcribed of all regular and specia l meetings of the Urban Area Working Group and shall be approved by the members at their nex1 regular meetings. H. Robert's Rules of Order• All matters not covered by these By-Laws shall be govemed by Robert's Rules of Order. Article 6 Amendment of By-Laws These By-Laws may be amended by a minimum of 15 affirmative votes of the twenty- nlne(29) Participating Entitles after a proposed amendment has received one read ing at a regular Urban Area Working Group meeting. Adopted This Day of July 22, 2004 . (original first am ... ,1dment to the By-laws) The minutes of the meeting at which a final vote of ad option is taken shall record the vote and , If the required vote Is achieved, shall serve in lieu of the signatures of voting members. Approved : Chair of the Urban Area Working Group: {Signed version on file and ava11ab/e on reauesl.} Justin Demello, Director, Denver Office of Emergency Manage nent (The records of thll 2116/06 meeting of the Worldng Group Indicate a unanimous tsvorab/11 v ;111 of ths 18 vol/llQ msmbBrs pffJSent approving the addition of Westminster and Thornton to the Working Group as voting msmbllrs.J {The rlJCOfds of thll meeting of 3-'4/04 /ncf,cs /11 that the Worlcklg Group, by a 1111an/mous vats of a/1 22 ju, 'sdiclions represent9d, recommend9d thsss revis9d by-laws to th e Lea, ersh/p Group, and that the Leadership Group, by a unanimous vote ol 21 Jurisdictions rspresen-id, approved the previous version ol th8Sll rsvls9d by-laws.} (The minutes of the 7/22/04 joint meeting of the l.eadersh/p Group and Worlcing Group reflect that there wss a unanimous vols re,:ommendlng these revised by-la ws to a-chlevs the merger of the two groups lnro the Urban Ares Worlclng Group.} (The minutes of the February special meeting of the Worlclng Group ref/set that the vote to includ8 the additional Jurisdictions was unanimous.} {The mlnutBS of the SBpiembllr 2007 n,gutsr fllBflf/ng ol thB Working Group tBll«:I unanimous approval of adding Edgewater & RTD as well as numerous other changes throughout the By•laws.J W01king Group Page 7 o/ 8 By-laws: Revised 12/6t'07 For Official Use Only {The minutes ot the Dec, 6, 2007 regular meeting reflec t unanimous approval of the revis ,on to refl8CI that the addition ol new members to the Working ';'OUP Is the respons ,blliry of the Working • Grouo.J • • Working Group Page 8 ol 8 By-laY/$: Revised 12J6/07 • • • COUNCIL CO MMUNICATI ON Da te: Age nda Item: Subject: M,\\ 4. W09 11 a Iv ~ooq Emergency Management Penormance Grant I nltlated 8 y: Staff Source: Englewood Office of EmergenC\ Management Sle\'e Green t ,, ,. ~~nC\ Management Coordinator - COUNCIL GOAL ANO PREVIOUS COUNCIL • "llON This grant supports the following Council Goals t J Englewood as a cil) 1ha1 Is sale, clean, health\ and alt ractl\ e. 21 Eng lewood as a progress ive city that provides responsive and cost effir.ienl ,ervices. Council has approved several previous grant s from this program. RECOMMENDED ACTION Staff see~s Council's support for a bill for an ordmance authonzing the acceptance of a 2009 Em~rgellC\ MJnagement Performance Grant fEMPG I awarded to the Cil) of Englewood b, the Stale of Colorado in the amount 01 S26,100. BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIFIED The Emergency Managemen1 Per1ormance Grants program is designed 10 provide supp lemental 1unds for the strengthen ing a l local government emergency managemen1 offices In preparing their communlues for dis,,ster planrnn g, ml1iga1lon, res1l0nse and rec01 ery, while conserving local resources. The City oi Englewood received a grant from the 200i supplemenldl and 2008 EMPG program 10 supplement the development of the emergency managernenl office. The Colorado D1\'ls1on 01 EmergenC\ Management has staled that thi~ EMPG program is expected 10 conunue f,>r the 1oreseeable future and that the\' plan 10 continue 10 prO\ ide some le\ el 01 financial supporl 10 the C11) 01 [ngle-,ood sor lhe emergenq management progiam. through the annual apphca11on procesi. This current a\\ard is from the 2009 EmergMC)' Management Penormance Granl Progr,,m and will allow the emergency managemenl office 10 expand 11s capabilities to !erve the emergencv preparedness needs of the cit\ . I hamples 01 the use 01 these iunds ma, include : Continued funding for one temporaf\. pan-ume staft member to ass 1st \\ith da\ -tCH!ay emergenc\' management duties. De, elop a Long-Term Reco, en Plan for the Cit\· of Engle" ood. De1 elop and implemeni workshops. drills. and 10nc11onat P~ercises 01 the City's EmergenC\ Operations Plan. Training of emergenc, managemenl personnel and other Cll\ staff members as necessa'). Additiona l upgrades to the facility being used for the City's emergency operations center. FINANCIAL IMPACT The award is a soft-match granl so there are no direct costs to the City in accepting it Required matching funds are accounted for through the existing salaf\' of the Emergency Management Coordinator. LIST OF ATTACHMENTS Proposed Bill for an Ordinance • • • • • • ORONA.'ICE 1'0. SERIES or W09 BY AUTIIORln' COUNcn.. BIU.. NO. 19 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN OROINA.'ICE AUTHORIZING THE ACCEPT ANCF r,r \"111\.,.,..~GO\'ERNMEITT AL GRANT"STATEOFCOlORAJ..')(\T'ISJ'ARTMLm , tA~r,1 • rFAlP.S EMERGENCY MAr-:AGEMTh'T PERFORMANCE GRAl\'T (EMI'(,, ..,, :~ •• -~· T \\1 fH THE cm· OF ENGLEWOOD'". WHEREAS. the City of Enslewood received n grnm from 1hc 2008 Emcrgenc)' Management Grant Program (EMPG) to supplement the development of the cmer~c:icy managcmcr.1 office: and WHEREAS. the EMPG is designed to proVJde supplcrnenUII funds for the strengthening of local government emergency managcmcnt offices in prcpanng thetr commwuttcs for disaster planrung. mitigation. response and reco,·ery, while conserving local resources: and WHEREAS, the Cit)' of Englewood applied for the 2009 Emergency Managcmenl Gran I nnd has been awarded S26.200; and WHEREAS, the Justtce Assistance Grant is a soft-match grant. so there are no direct costs to t~c City in -cpling 111d the rcquiml ll)jltching fllnds m 31:C()Unted for through the existing salaries of the Emergency Management Personnel : and WHEREAS. the passage of this Ordinance authori1.cs the acceptance of the State nfColorado Depnrtmcm of Local Affairs Emergency Management Perfonnancc Grant for 2009; NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS: ~-The City Council of the City of Englewood. Colorado hereby authorizes the acceptnnce of the State of Colorado Department of local Affairs Emergency Management Perfommnce Grant (EMPG) 10 the City of Englewood, atlnched hc,-cto B5 Exhibit A. ~ The Mayor is authorized to CXCQJte said agreement for and acceptance of the Grant for and on behalf of 1hc Col) of Englewood . ~-Pursuant to Article\', Secuon 40. of1he Englewood Home Rule Charter. the City Council has determined that E~hibit A. anached 10 this Ordinance, shall not be published because of its size. A copy is available in the Office of the Englewood Cil)' Clerk. ln1roduced. read in full. and passed on lirs1 ,.,. •. ling on the 4th day of May. 2009. Published as a Bill for an Ordinance in the Ct ?fficial newspaper on the s• day of Ma y. 2009 . Pu1 '1,hed ,s a Bill for an Orduuncc on 1hc, 1•· , onicial websi1e bcguuung on the 6th day of • Ma) ~009 for thtn)' {30) days James K. Woodward. Mayor ATTEST· Loucrisrua A. Elhs. Cuy Clcn: I. Loucrisbia A. Ellis . Cuy Cler:!: of the Cit)• rf Englewood. Colorado, hereby certify that 1he above and foregomg i. a true copy of a Bill for an Ordinance, introduced. read in full, and passed on first reading on 1he 4th day of May. 2009. Loucrishia A. Ellis • • •-----------=~:....:::~=---=R~=-=ME:...:!=---=o~=LOCAL-0~,.-=!:......AI...:::S:::....0=-=L=-O~R=,~-0-=0-OIVISION OF EMERGENCY MANAGEMENT @ Hans Kallam, Director • • March 30, 2009 Mr Steve Green. Coordinator City of Englewood Emergency Management 3615 S. Elati Englewood, CO 80110 Dear Mr. Green: " : P,IHA.1_., Jr ..... ,., $ut6n> 1<.W1tpttl,'.k t.e.cu,t 01rocto- Congratulations . The City of Englewood's 2009 Emergency Manag ement Performance Grant (~PG) grant appltcation has been approved by the Colorado Department of Local Affairs, Division of Erne~•" Management (CDEM) to receive S?.6,200.00 In federal EMPG funds The EMPG Is a 50% federaJ1hare gran~ so the required non-federal match to the grant is $26,200.00. The non-federal match may le any combination of cash or in-kind contributions toward the project. Execution of the attached contract will make EMPG reimbursement available to the City of Eng lewiod fo. completion of me emergency management activilies as approved ano desc!ibed within the contr~t and the annual program papers. This contract will reimburse up to 50% of your costs Incurred and reported back 10 October 1, 2008 . To execute the contract, please print three (3) originals of the contract number 9EM09L98 an1 your signed grant appllcanon attached to this email. Please review and have the City of Englewood '! chief elected or executive official sign (If the chief elected or executive official has delegated the slglature 3Ulhority, please include a copy of the signed delegation authonzlng an alternate to sign) and send all three signed contracts to: Bill Archambault Colorado Depanment of local Afla!B Division of Emergency Management 9195 E. Mlnera: ',,.' , Ste 200 Centennial, CO ac, I 12 We will return one fully executed original to you for your records We will make every effort lo complete the execution of the grant as expeditiously as possible. If you need us to fax or email the completed signature page lo you as soon as we have II executed In order lo stan the project without walling for the mall, please lndude a note 10 that effect, and the email address, if different then lhe one we used to send this co ntract, or the lax numbe r to wh ich we should fax It, with the contract when you send It to me. Please do not heshate to contact me at (720) 852-6601 , or bill arch@state.co us if you have any questions or need a~y further information. Sincerely, -? 41 I /J /-5,,_,,/ /-4c.. w;.,l»,., {" _:...,; BIii Archambault Finance & Admimstration Chief Enc. 9195 Ent Mineral Ave., Suite 200, Centennlol, Colorodo 80112·3549 (720) 852-6600 FAX (720) 852•6750 TOO (303) 273-1794 • X H ' ~ T A 2009 C.\1PG ll,EMS • l'rfljr<IIA"•rd ,umber: 9C M09L96 l'ha.<le I Wai\·,r ;: Ml!! Cn 1ul og or Fed•rul l.l<Jm estk As~l,tnncc (CFDA ) #: E~1PG • 97.042 ...:o n1ract Roullng II ill! NAA __ _ E ncumbr~ # 9EM09L98 Account Co<le!sJ: SR00/709/PL09ll709/51 Hl/$2~.200.00 STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS EMER GENCY MA 'AGEME."IT PERFORMA CE GRANT (EMPG ) GRANT AGREEMENT with the CITY OF ENGLEWOOD TABLE OF CONTENTS I. PAAtrES .............................................................................................................................................................................. 2 2. EFFECTIVE DATE AND NOTICE OF NONUABILITY ................................................................................................. 2 l Rl!CITALS ........................................................................................................................................................................... ' 4. DEFINITIONS ............. ____ ................................ -·•-----...................... -.................... -.... 2 S. TERM and EARLY TERMII\ATION... • ..................... ______ ------..... _._.J 6 STATEMENT of PROJECT ............... . ......................... -.................... -........................... _ ............................. 3 7. MATCHIN G AJNDS ...... .................... ........... .......................................................................................................... 4 8 GRANTEE ANANCIAL MANAGEMENT ...................................................................................................................... 4 9 PAYMENTS TO GRANTEE ............................................................................................................................................. 4 10 REPORTING ANO NOTIFICATION ........ ........ ......... ... ..._ ................... -............................. -....................... 5 II GRANTll RECORDS............... ..... . ......... ....... -.......................... __ .............. -.. -.................... 5 12 CONRDE1'11AL INFORMATIO:-l·STATE RECORDS --.. · .. --.... -....................... --...................... 6 13. CONFLICT OF INTEREST......... ... . ......... _ ............ -.. -.................. -.-.......................... 7 14. REPRESENTATIONS ANO WARRANTIES ............................................................................................................... 7 I 5. INSURANCE .................................................................................................................................................................. g 16 DEPAULT•BREACH ........ ......... . ............................................................................................................................ O 17. REMEDIES ...... . ...... -.................. .. ......................... _ ...... ______ ... _ .. _. __ .............. 10 18.NOTICES andREl'R.ESEl\"TATIVES .......... _ ... ________ .............. _ .. _............. I I 19. QOVERNME.NTAL IMMUNITY... .......................... ... .. .... -.................... ..... ............... ... .. ................. I' 20. LEGAL RESIDENT............................................... . ................................................................................................ 12 21. SOLE SOURCE GOVERNMENT CONTRACTS. As DEFINED IN COLORADO CONSTlrtrnoN ARTICLE XXVIIL ................................................................................................................................................................................ 1° 22 GENERAL PROVISIONS ............................... _.......... ........ ... ... ...................... .. ....................... 13 23 COLORADO SPECIAL PROV\SlONS.. .. ..... ------· .. ·-.. --···· .. ··· .. --............ _ •. IS 24 SIGNATUREPAGE ............ -........ .. ................ ________ _ _____ 17 EXHIBIT A -APPLICABLE LAWS....... .. ............................................ ____ ................................................ I EXHIBIT 8-STATl'-M eNTOFPROJECT (SOP) ................................................................................................................ I EXHIBIT C -GR.ANT AJ'PL!CATION PACKAGES ............................................................................................................... I 1'1$t I of 17 I. PARTIES THIS GR.'11\T AGREEMEI\T ("Grant") 1~ entertd on10 O) and bclll-etn tne CITY OF ENGLEWOOD ("Grantet" 1. and the ST ATE OF COLORADO (the "~inic") acung hy and through the Colorado Department of Local Affairs /the "Depanment"l for the t,cncfit or1he Division or Emergcnci• Management (' CDEM"). l. llFFECTl'l'E DATE AND NOTICE Of NONL IAllU.IT\' This Onan1 shall nm be effecuve or enfon:eable unul IIJ)proved and signed hy the Colorado State Conll'Oller or llllthoriud dclegalt ("Effecllvt Dltej, bu1 shall be effCGIIYC and enforcuble thereafter in ICC<lfd= lllth llS provisions. The Depanment sh.1ll not be obhgated to pa) or reimburse Grantee for an) perfonnance hereunder. including, but not limited 10 costs or expenses incurrecl. or be bound by any pro,•ision or this Grant prior 10 /select 011, of rl1tfollowing oplions A·B by c/1tck111g rh, box nexr ro selecrcd option) A. Option 0 The Effecuve Datt. B. Option {8) The Effecuve Date. provided. however. that /ch,cl app/,cahlt sub-opuon(s)) I. s,,b-Option L." .,! Proj<Gt costs, if specifically authorized by the funding authont)', incurred on or after Odoher I . lll08, may be submitttd for reimbursement as if incurred after the Effective Datt; or II. Su~ Option C ,!I ProJect cost.s. if specifically authori:.!d by the funding authonty, incumd on or after insen federal grant', cff~ti•c da te and prt-award cosu for instn purpo5c, if lily, incurred on or after in:;cn staning date allowed under the federal award for pre-award costs such costs, moy be submitted for reimbursement as if incurred &her the Effective Date. iii. Sub-Option {g:J all er some of the COIIU er expenses incumd b) Grantee pnor 10 lhe Effea,vc Date which have been or will be p11id w11h ncn-fedcr1l funds ml}-be included as I pan ot Grantee's non-federal match requirement. ,et fonh he;ein and 1n El<hlblt B . Statement of ProJCGl, auached hereto and incorporated by reference herein, if such cosu or expenses ore properly documented as eligible expenses in accordanc.? with Exhibit B §5.2 . 3. RECITALS A. Authorll), Appropriation, And Approval Authority for this Grant arim from C.R.S. §24-32-2101 et seq . Authonty exists on the low and full(U have been bud~e1cd. appropriated and otherwise m•d~ o,•ai lable and • sufficient unencumbered balance thereof remains available for payment and the required approval, clearanc:c and coordination have been accomplished from and with appropriate agenci~ B. Grantee Grantee is an eh~ible recipient of Grant Funds ma« available by the Prognm. as defined belOll. 30d awarded by this Grant Grantee is aware of, willing and able 10 comply witl, .JI provisions specific to the Progra m, as se1 forth on Exhlhtt A nnd 10 complete the Project described In Ernibit B. C. Purpose and Department 's Role Tot Depanment administers funds made a,-ailable 10 the Depanment for lhe purpose of enhancing all- haurds •~nt) m:magement planning/~dness. mitigauon . response ano reco•ery capabilities and programs in the State of Colorado by distn'buting Emergency Management Perlormance Gmn1 funds 10 panic1pating lo<::ll governments aod other eligible Grnnlees. The purpose of this agreement is detailed In Exhi bit B. 4 . ll(l'INITIONS The following terms as used herem shall be coowued. interpreted. and er n,fereaced as follows: /1.. EfTectlv• Da tt r.rrective Date means the date this Grant is effective and enfon:eable in acccrdanee with 12 above. 1'1£< 2 or 11 ll , Exhibi ts and Other AllnchmenlS Exlubit means the follow ing ore atlllched heret o and tn C~'J)Orate d b} reference herein : Exhibit A (Applicable Law). Exhibll B (Stotcmem of Project ), and Exhibit C (Annual Program Paper and Slllffins Pattern). C. Goods Goods means ony physical item produced or manufactured and acquired by Grantee eit he r separa te ly or in co njunnion with the SerYices rendered here un der that are required by the provis;ons hereof. D. Grant funds Grant Fund s means the funds availab .e for disuibution b·, the De panrnent to Grame e for use in connect ion with the Proj ect, as se t fo nh to the Recit als and Slll t: mem of Project sectio ns hereo f. E. Par1 y or Parties Pan y or Panies means one or both of the Oepanmen t and Grantee . F. Progrom Progra m means the federal or state funding for th is Grant. G. Project Projec t means the Project desc rib ed in the Recital s nnd Exhibit B. H. Projecl Budget Project Budge t means th e Project Budget described in Exhibit B. I. Ser1·ices Services means se rvices performed or tnngible material produced or delivered in completing th e Project and in performance of Grantee 's other obligations hereunder. J. Termination Date Termination Date means the date this Grant terminates as described in §S(A ) below. K. Work Product Work Product means software, resea rch. repons. studies, data, photographs, negative s or other finished or unfinished documen:s, drawi ngs, models. surveys , map s, materials, or work product of any typ~. including drafts, prepa,ed by Grantee in compleii ng the Project and in performan ce of Grantee's other oblig ati ons hereunder . ,;, TERM and EARL\' TER.MINAT:o ' A. Initial Term-Work Commenccmcnl The term of this Gran t shall commence on the later of the Effective Date or April IS, 2<H19 , nnd term inate on June 30, 2010, unles s terminated earlier as provided bel ow. Grantee 's obligations und er thi s Grant shall be undcnaken and perfo rmed in th e se qu ence and manner set forth in Exhibit B. Pe rformance of this Grant shall comme nce as soon as practicable after the Effective Date. n. Department 's Option to EA'lend The Dcpanment, in its sole discretion and upo n writte:1 notire to Grantee. may unilaterall y extend the term of this Grant for n period of up to three month s under the same provisions as the original Grant if the Pani es are negotiatin g n replacement conll'3ct (and not merely seeking a term extension) at or near th e end of any initial term or an ~xtens ion thereof. Thi s extension shall terminate at th e earlier of either the end of the three mon1h pe ri od or when a repl ace ment Grant is sign ed by the Ponies and upprovcd by the Slate Controll er or aut horized designee . Any other ex tension of the term of this Grant requires an amendment made to accordance with the Mod ifi cat ion sub section of th e General Prov isions bclo,._ C. Eurly T.rmlnot.ion Thi~ Gra nt is subject to early termination in accordance with the general remedies µrovisions of §17 below an d as specifically otherwise provided for here in . 6. STATEMENT or PROJECT Grantee shall co mplete the Projec t an d perform it s other obligat ions as described he rein and in Exhibit B. Gran tee sho ll prosecute its obligations hereunder and in Exhibit B with due diligen ce to completion. The Depanme nt. in its sole discretion, but in accordance with limitations imposed by the Office of the State Controller, may cha nge budgetuy lines in tl:e Project Budget section of Exhibit B. The Depanment shall . end notice of su h changes within 60 days in accordance with §18 below . Paie3of 17 -. MATCHL\C Flf.\DS A. Amount Grantee shall pro,,d< matchmE funds as provided ,r. Ex,rlhil B. Cr.antce •h•ll nu\t :he fu ll amount of marching funds dunng the ttnn of lh,s Grant and shall repon 10 the Oepmmen: regtud1n, the stntus of 5uch funds as required in Exllihlt 8 B. Breach Grantee's failure 10 raise matching funds. 10 keep records. and/or lo repon may affect 11s conunued pamcipation in the Program under which th '· Grant operates. In add11ion , the Dcpanment may terminate this Grant under the Tennination for Cause _Jbscction of §17 below. if the Ocpanmcnt ha.I reasonable evidence that Gr.antee will be unable 10 raise such matching funds during the term hereof. 8. GRANTEE FINANCIAL MANAGEMENT A. Accounts Grantee s~all mamtain properly 5e,icrated account.I of Grant funds. matching funds. and other funds associated with the Prr.ject and make those recMls l\'Bilable 10 the Ocpanmeot on ttq11esL All recer})IS and tllpendillltC5 associated with the Projccl shall be do..-umented in a detailed and specific manne•. in accordance with the Project Budget w fonb in Exhibit B. B. Project Budget Une Item Adjustments Regarding budget lines within the Projca BudgCL Grantee may: i . 0 not adjust individual budget line amount.I without approval of the Department. Such approval shall be in the fonn of: a) a notice issued by the Department in ac.cordance with §18 below: or b) an amendment in acccrdance with the Modification subsection of the General Provisions below. II. (8) adjust individual budget line amounts without the Deoar _neoc" s approval if: a) there are no transfers 10 or berween administr.at;,,n budget Imes; and bl lhe cumulati-. budJetll)' line item cbange5 do nor exceed WI pcrcenl of the tolJI! budgeted amounL 9. PA YMt:.,-rs TO GRM"l'EE Grantee shall be paid in rhe following lll00Unl$ and IJl2Ilnen, subject 10 ..,wm of any unexpended Grant Funds A. Maximum Amount The muunum amount payable under this Gr.ant to Grantee by the Department shall bc $26.200.00. os determined by the Department from available funds . The Oepanmcnt shall reimburse Grantee for costs approved m the Grant budget. set fonh in Exhlbll B. Satisfactory performance under the terms of this Grant shall be a condition precedent 10 the Ocpanmcnr's obligation 10 reimburse Grantee. The maximum amount of Gr.ant Funds paynrle as 1clmburscmen1 under lhi s Grant, ood any extension hereof. shall include all Grantee's fees. costs and expen.1es. B. Payment All po)ments arc subject 10 the §17 below . I. Method and Time Gran•ee periodically shall submll invo,ces to rt Oeparunent m the f onn and manner set forth in Exhibit B. and auach umeshecl.l. recerpt.1 and othe requested documen11uon in the form and manner approved by tht Oep:uuncnL Gr.antee shall submil ~uest for reimbcrsemcnts/invoices w11ran 30 days after the end of the period for which paymenr 11 requested. and final billings under 1Jt:s Gr.ant shall be received b)• rhe Oeparunenr within 45 days after termir,arion hereof Untimely requests for payrrenr may be occepred .i rhe sole discretion of rile Ocpanmcnr. il. Electronic Funds Transfer Payments shall be made by one of rhe following methods: a) b)• mutually agreeable method including in-person pickup. b) electronic funds transfer (EPf) if Granree provides wrincn EFT instructions 10 the Depanment M a fonn acceptable lo the Department. or P1rr•or1 1 cl via tht U.S Postal Service or other del,vef) sen·1ce to tll(• .,ddrcs, sp,:cif,ed hi Gr3mte ,n the remittance address secuon or ~hlblt II j • iii. F.rruneo115 Payments, Unexpended and u ces> Funds Granitt shall refund payments made b) lht SIOte 1n erro: fo: ani reason, mdudmg. but not hmned to ovcrpoyments or improper paymems. "ithm I~ day• of d1sco,..,nnp nr re.:eivmg nouce of such error Any funds paid to Grantee hereunder nor expended 1n connection wnh this Gr:m1 by the 1er:n,na1ion date shall be refunded b) Grantee within 15 d;ys of such date An)' runds not required to complete Gn:mee 's obligations hereunder shall be de-obligated by the Sta ie. If GrJJ1tee rectivcs fonds hereunder during any n .. 11 year m excess or its spending 111nll for 1uch f&al year. Grantee shall refund all CJtcess funJs 10 the Sllltc wnhin 15 days of the later of or discovering or recemng n01ice of such excess. EmlnMus. unexpended. and ,xcess funds re.:eived by Gmntec L.1dcr th,s Gr:tnl shall not be refunded or i;31d 10 any part)' other than the Slllte. h·. A vallnblc Funds-Contlngcncy-TerminaUon The Department is prohibited by law from malting fiscal commitments beyond the term or the Su!te's current fisca l year. Therefore, Grantee's co mpensat ion is contingent upon the conunuing availability of State appropriations as provided m §2 of Ute Colorado Special Provisions, set fonh below. If federal funds arc used with this Grant in whole or in part. the Oep:utment's performance hereunder is conungent upon the continuing a,·ailability of such funds . Payments pumant to this Grant shall be made only from available funds encumbered for t.'lis Grant 1.11d the Depanment's liability for such payments shall be limited to the amount remaining of such encumbcffi! funds. C. Additional Funds Grantee shall provide any addition al or matching funds neccssar)' to perfor1 n its obli gations in nccordance with the budget in Exhibit B, I), Remedies If State or federal funds are 1101 appropriated, or otherwise becomt Unt\'ailable to fund th·, Gmn~ the Oepanmem may immed1ately tennin2!c tlus Grant in whole or m pan without funher liabilny in eceord.,nce with § 17(8) below. If add1uonal funds under §9(C) an, una,•ailable 10 whole or part, the State I t may, m its ~ole discreuon. reduce 1ts tot.ol funding commitment hereunder m pr~ponion to the reduction in additional fu nds, If Gntntee fa il s ,., refund payn ,enu as set fonh in §9(ll)(i il) above, the St ate moy c lrt the amount 0 0 1 n:1umed against any othe r unpa id fun ds the Stott owes Grantee under any other ~••ot. ag1eement. or obliga tion between the Ponies. 10. REPORTING ANO NOTlFI CATION Repons and analyses required under this secuon shall be made in accord= with proccd= and 1n sm:h fonn.,. prescribed by the OepanmenL A. l'crfurmance, Progress. Personnel, and Funds Grantee shall comply with nll repon ing requirements set fonh in Exl1lblt II, II. Lltl~a llon Within 10 days after being served with any pleading r<lated to 1h1s Gr-onl or the Project. in a legal llClioo filed with a coun or admmiwutivc agcnci. Gr.nice shall notify the Oepanmen1 of such action and delh-.r copic1 d such pleadings 10 the Oep:uunent's pnnc1p:1I reprcscnuuivc in t1COOrdanc:e with §18 below. If a Ocpanmcnt principal reprei;cntati\'e is n01 thell serving, such nouce and copies shall be delivered 10 lht Executive Director of Ute DepanmenL C. Noncompllnnce Grnntee's failu re 10 prov,dr reporti and notiry the Depanment in a timcl)' m:mner in accordance witli this section may result in the delay of payment of funds and/or termination under §17 bclo". !I.GRANTEE RECORDS Grantee shall make. keep. maintain and allow mspccuon and monitoring of the following records A. Malntenanoe Grantee shall ma intain a complete me of all records, documents. communications. notes and other 1 ·uten materi11ls, electron ic media files, and communication •, pcnai ni ng in any man ner to 1he Project u. the delivery of Services (including, but not limited 10 the operation of programs) or Good$ hereunJer. Grantee shall maintain such records (the Record Retenuon Period) until the l~st 10 =ur or the follo,.,ng: P111d of Ii i. a ptriod of three (~l years after the date thts Grnn 11s compl eted o:-te rmin med . or II . final payment is made he reunder. whi chever is later, or iii . for such iunher period as may be necessary 10 resolve an y pendin g maue rs. or h ·. if an audh is occurring , or Grantee h•s received nm ice thni an audh 15 pending, then until such audu ha s been co mpleted and its fi nd ings have been resolved D. Inspection Grantee sh~II permit the State, !he federal government or any other du ly authorized agent of a ~ovemmc ntn l agency 10 audit, inspect, examine, exce rpt , cop)' and/or tran sc rib e Grantee's re co rds related 10 thi s Grant during the Records Retention Period 10 assure compliance with the terms here of or to evaluate Grantee's petformance . The Department reserves the right to inspect the ProJec t a1 all reasonable times and places dur ing the term of tliis Grant , including any extension . The provisions §14(E), §16 , and/or §17 below shall appl y if project performan '.e doe s not conform to Grant requiremenL~. C. Monitorin g Gran tee also shall permit the State . the federal gove rnment or any other duly a•ithorized agent of a governmental agency , in the sole di scretion of such governmental agency, to monitor all activities conducted by Grantee pUl'S'JAn t to this Grnnt, using any reason•.:.,1e procedure, at the discretion of such governmental agency, inch1 ~i ng . but not limited to : internal evaluation proced ures, examination of program data. special anal yses, on -site checking. and formal audit examinations . All such monitoring shall be performed in a manner which will not unduly interfere with Grantee"s petformancc here under. D. Final Audit Report If an audit is pe rformed on Gran tee's records for any fiscal year cm•e ing a portion of the term of this Grant. Grantee shall submit one copy of the final audit repon 10 the Dr r,.nme nt 's principal reprcsenllltive at the address specified in §18 below . 12. CONFIDE NTl/,L INFORMATION-ST A TE RECORDS Grantee acknow ledges that it may become privy to confidential information in connection with il s petformance here und er, includ ing but nm limited to State record s, personne l records , and information concerning individua ls ('·Confidential Information"). The following app i:~s if Grantee receives confidential information: A. Coufid entialit)' Grantee shall keep all Confidential Information confidential at all times and comply with all law s and regulau ons concerning confidentialit y of informa tion to the same extent applicable 10 the Oepanment . Any request or demand for information in the possession of Grantee made by a third pany shall be forwarded imm edi ate ly to the Deparunent "s principal repres enlll tive for resolution . B. Not.lficati on Grantee shali notify each of itS agen tS, employees, sub -<•1.i ntees, subcontractors and assigns (ea ch a "Related Pany "') who may come into co ntact with Confiden ., Informat ion that such pany is subject 10 the confidenuality requirements sci forth herei n, and shall provide each Re lated Pan)' wi th a wriucn expla nation of such requirements before pennitting such parry to access any information of the Depan ment . C. Use, Securit y, and Retenti on No Co nfide ntial Informat ion of any kind sholl be distri buted or sold to nny th ird pany or used by Grantee or a Related Pany in any way. except as authorized b)' thi s Grant and as approved by th e Depanment. Gran tee shall provide and mainLilin a secure environment that ensure s confide ntiality of all Slate records and other Confident ial Information wherever located. Confidential Informa tion shall nol be rernin:d in an y files or otherwise by Grantee or a Relat ed Pany, excep t a 1 set fort h in this Gran t and approved by the Depan ment . D. Disclosure-Liabilit y Disc losure ,;f State records or other Co nfiden ti al Inform ation by Grantee or a Re lated Party for any reason may be cause for legal action against G,antee or such Related Party by th e State or third panics and defense of nny such action shall be Grantee 's so le 1csponsibi lhy . Page 6 of 17 E. llc,ilth ln,urunc1• l'or1Uhllit1 & At1·oun111hllll\ Acl ur 19W, l"Hll'AA .. , 1111' HIJ'A.~ s,.uori :rhrr< on~/ 0 apphes I\ .;,_ doc• n111 appli 0 t<• lhi< Grant Fede:ul l11v. illld 4 • repu!auon5, pO\~minp the pn\•,ir~ of ;cnam llcalth mformauuo requu~ a "Bu!tm~u Ai.soc1itc Contra:t" be1v.ccn th, Dqwtment and Gr.1n11:e 45 C.F.R Sc.,:1100 IM ~reJ. Aluithed and 111COll'(lr.lted hcrcm b) reference and aprecd 10 l>) the Pm1e< "u HJP~A Bu<1ness A<so.:1a1e Addemlum tor HlPAA comphan,e Term, of 1he Addendum shall be con,,dered bmd,np upon execunon or this Gr.int and sh:ill remain ,r. effect dunng 1hc term of this Grant, includ,ng DO) extensmn . U. CON FLICT OF INTERE.'>T A. Dclirtition and Appearancr Gr.unce sh311 no1 en~•r• m an) !nrnncss or JJCf\OOJI acu,,ues or praeuces or m11ntam an) relauooship, which confl,a ,n an) ,.-.) v.1th the full performance of Grantee's obhgauoos hereunder Gran1ee ad,nowlcdges lha1 w,lh respect to llus Gron,. •••n the appe.. ance of I conn.ct of in1enes1 ,s hmnful 10 the Depanmcnt s interests Absenl lhc Depttl!lmenl's prior wnncn appro,·al. G::in1cc shall refrain from any pract,ces. activitie., or relationships which reasonab;y nppcnr 10 be in conf11c1 wilh lhe full pc.rfom,ance of Grantee's obligaiions 10 the Deparunent hcreund•r. Grantee shall e<imply wilh the prov,s,ons of CRS § 18-8-308 and §24-18-101-109. 8 . Specific Prohlbliions Granicc's and sut>-grantee's respeah·e offlCCIS, <mployees. or •~11 shall ne,lher sohci1 nor accept @1'111U1llc:$, favors. or anything of moncw:i nlue from Grantee', po1emial subgrantees, or parues 10 sub- r, ''!ICts. Graniee'i employees. officers, agcn1.1 or any pcrmmed sul>-grantees shall not panicipaie in the ...... uon. award, or admimstrauon of 1his Grnnl or any sub-grant or sub-contra ct, if an c1ual or apparent conflict of in1eres1 wou ld occur. Such a conflic1 would arise when nny of lhe foll owing hns a financial or other interest in 1he firm ,elected for award : I. an employee. officer. a11en1 or "°3rd member: ii. &n)' member of the employee's immediate flllllily; iii. an employee·• panncr: or ~ ~ h. •n organiuuon. which employs. or "nbou1 11, employ. an) of 1he aforemen11oned 'Ill J C. Dcttt 11,innuon bJ Ocpnrtmcnl -Dcfuult If Gra111ce is unccnain us 10 the exis1encc of D conn,c, of imerest, Grantee shall sub n1i1 10 the Depanmenl a d,sclo<ure staiement scnin~ fonh tlie rclevon1 details for the DtJl:inment', con,idero1l011. Fai lure 10 promplly subnu, a disclosure statement or 1" follov. lhc Depanmcn1·~ d1necuon ,n regard to the apparenl conflict shall be con'1dcrcd a ma;n:il default or this Gram and rrounds for 1cmuna11on undtr 1be Tcrmmauon for Cause sub&."Cllon or §17 hclo" D. C(l(le of Pcrformonct Grantee. and sul>-gmn1ces and subcon1rac1ors. ,f any. shall rruuntuin a wnuen code of s1Undards governing lhc performance of thi:,r respective empl oyee.~. agenis. and contnic1ors engaged in 1hc award and udnunistrauon of thi, G,~nl, or subco111rnc1 or ~ubgrnn~ ,r any Gt nmec shall pro, :de a cop)· of such code to the Dcpnnmcat wub,n 10 days or the Dcpnnmcnt' s wntten request thercfone. 14. REl'RESE!\TATIONS A~IJ WARRANTIES The l'arues make 1hc following specific rcprcse111a11on, and w:unn11es tu cath 01her, upon which each is relying ,n emcnng mto 1h10 Grant. A. S111ndard nnd Mnnncr Of Performance Grantee shall perfonn ils orli~••ion, hereunder. including 111 •ccor~anc,· wi1h 1he lughcit JlrOfcssional mnd:ird of cart. skill 11nd diligence. Gnin1cr shall penorm us obhpm,on, hereunder in the sequence and m1111ner set forth in E~hlblt B. 8 . I nspection and \'utncnti on Tiie Depanmcn1 reserve! the ngh1 10 m\l)Cl:t anti monitor Gran1ct'< ,~iormanu: heneunder at all neasonable umes ond pl11tes 10 verify 1h01 lhC)' conform 10 the requnement> of Exhibit 8 The provisions §14 (E), §16, andlor fl7 below shall opply 1f Grantee's performance docs nol conform 10 Grant requ irements. ra~ 7 ofl7 C. Legal Aulhorll~•Cran1ee and Cra"lt<S Signa1ory Grantee ,.,ami,:s 1lu1 11 posses,.., 1he legal authorll~ to en1cr mto th1> Grant and has iaken all actions required b)' 115 procedures, b)-laws, ond.lor applicable laws to exerci<e that authoniy. and to la"full) authorize 115 undersigned signatory to execute this Grant and to bind Grantee to 11s terms. The person signing and exe.:u1mg this Grant on behalf of Granice hereby represents and warrants and guarantees that they have fu ll auth om:ouon to do so. If reques1cd by the Depanment, Grantee s~ ·ti provide the Depanmem the bas,s fo r Grnntce·s ,uthon1y 10 enter into this Grnnt within 15 dnys of receiving such request. D. Licenses, Permits, Etc Gran1ee represents and warrants that as of the Effccti ve Da1e it h11.1. and that a1 all limes during the term hereof it will have. a, its sole expense, all licenses, certifications, approval, insurance, permits. and other authorization required by law to perform iu obligations hereunder. Additiona.lly, all C.ll?loyees of Gmtttt performing services ur1er lh1s Grant shall bold the required licenses or ceitifications, if any. to perform their duties, Gmt1ee. if I foretgn COIJ>Ol1tion or <Xher entity tnnsacting b.mncss in the Stale of Colorado, funher certifies th.at II cunently has obtained and shall maintain any appliuble centfica1e of autltori1y 10 trl!l.SOct business in the State or Colondo and has designated • registered agent m Colorado 10 eccep1 service or process. Any revocation. withdrawal or non-renewal of licenses, ccrufications, appro,,aJs. insurance, permits or any such similar requirements necessary for Gran1ee 10 properly perform this Grant. shall be deemed to be a def11· t by Graniec llnd grounds for termination under Grant §J7(A) below. E. Breach If the Grantee breaches any of Its representa1ions or warrnnties, the Depanment may require Grantee 10 promptly perform its obligations again in conformity with Grant req uirements, at no additional cost 10 the DcpartmenL If such breaches cannot be, or arc not cured, the Depanmcnt may, in addition 10 any other remedies provided for in this Gran~ require Grantee IO lllkc necessary action to ensure that future performaoce conforms to the prov!s.lons of this Grant: and equitably reduce the payment dee 10 Grantee 10 reflea the red~ value of the Project. Any reduction. delay or denial of paymen1 under this provision shall not cor.surute a breach of G:-an1 or def1ul1 by 1he DeparunenL JS. L'\'SURANCE Gmtiee and its sul>-gra111ees and subeontncton shall obiain and maintain insurance .. specified in this =on at all UIIIC$ dunng the ierm of this Granc All policies ev,denc1ng the insurance coverages required hereunder shall be issued t. msun.nce companies sausfactory 10 Grantee and th< Staie. A. Grantee i. Public Entitles If Grantee is a "public entity" within the meaning of the Colorado Govcmmentol Immunity Act CRS §24-10-101, el seq., as •mended (the Govemmental Immunity Act"), then Grantee shall maintain at oll times during the term of this Grnnt such liabilil)' insurance, by commercial policy or sell- insurance, as is necessary 10 meet its liabilities under such Act . Grantee shall show proof of such insurance satisfactory 10 the Department, if requested by the Depnnmem. Grnmec shall re~uire each grant or conu-act with a sub-grantee or subeontr1ctor which is a pubhc entity, providiny Goods or Services in connertion with this Grant, to include the insurance requirements necessary to Metl sub- granices liabiliti:s under the AcL IL Non-Public Enllhrs If Grantee is DOI ~ "public cnuty' "11hin tht meaning of the Governmental Immunity Act. Grantee sha:J obtain and nuuntai11 during the term oi thi$ Grant insu11111ce covera,e and pohc,es meeting the same requ1rerocn1s set forth ,n subscctton B of this secuon wuh respect 10 sub-grantees and sub- oontraetors which arc not "public cntiues"". 8. Sub-grantt<S and Subconlracwrs Gran1ee shall require each contract with a 1ub•gnn1ee or sul>contractor, other than those th11 arc public entities, providing Goods or Services In COMcction with this Grant 10 include insurance requirements substanuo lly similar to the foll owi"g: Page Sor 17 I. Worker'< Compensution Worker's Compensauon lns-J:-an.:r as 1tquired b~ ~me statute, and Employer·, Ltab1hl) lnsun,n;e covenng nil of sub-prantee or ~ubcontractor cmph,yecs actmg v.·11hm the coursr and scope of thcu employment ii. General Liubillt1 Commcrc,al Ge~eral Llab,ht)' lnsuram:t wnnen on ISO occum:nce form CG 00 01 H~l 01 equivalent, co,•ering premises operauons, fire dnmnge, inderendem contractors, I" .ucas and completed operation~. blanket comrnctual liability, personal injury. and lldvenising liability with minimum hmits as follows· •J Sl.000,000oach occum:nce; b) $1,000,000 general agsregate; c) $1 .000.000 products and completed operations aggregate; and d) $50,000 any one ftre. If any aggregue limit is reduced belo" Sl .000.000 because of claims made or paid, sub-grantee or subconu-ac1or shall Immediately obtain radditional ini;urance 10 restore tho full nggregute limit and furnish 10 Grantee a certificate or other document Sllisfactory 10 Gran1.ee showing compliance will, this provision. ill .Auto moblle Liabili ty Automobile Liability Insurance covering any auto (including owned. hired and non-owned autos) wilh a minimum hmn ofSl.000,000e.tch accident combined sin,Ie limiL h•, Addlllonnl I nsured Grantee and lhe State shall be named as additional insured oo lhe Commercial General Liability and Automobile Liability Insurance policies (leases and consuuction conuacts require additional insured covenge for completed opc."Uions oo cndonemenis CG 2010 I 111!5. CG 20~7. or cqu1v1lcn1). v. Primacy of Coverage Coverage required of 11,e sub-grantee or subcontractor shall be primary o•er any insurance or self- insurance program e&nied by Grantee or the State. vi. Cnncellallon The above insurance policies shall include prov,.,uns preventing cancellation or non-renewal without 11 leasl 45 day! prior notice 10 lhc Grantee and the State h)• certified tntJil. ,,n. Subrogatiou WaJnr All insurnnce pohc1es in any WI) rela~ to the Grant and secured and mamuuned b) Gnunecs sub- grnn1ees or subcontractors as required herein shall include clnu,es stating 1ha1 each carrier shall wuive all r.ghts of recovery, under subrogation or otherwise, against Grantee or the Staie. ils agencies. mstirutions, organ1za11ons. otr.cers, agents. employees, and volunteen. C. Ctrtiftca tes Each of Grantee's subconuac10rs and ,ubgran1ees shall provide cenificates showing insurnncc coverage required hereunder to Grantee will,in seven business days of lhe Effective Date, but in no event latcr than the commencement of the Service5 or delivery llf the Goods under the subconlllCI or subg:llnL No later thnn 15 days prior to Ilic e.pira1ion date of any s11ch coverage, each subcontractor or subgmntee shall deliver 10 Grantee ceniflcates of insurance evidencing renewals thereof upon request by lhe Department or Al any other time dunng lhe ICml of I subconlrllCI or subgran1ee, Grantee may request m wnting. and the subconu-actor or subgrantec shall thereupon wi1h10 10 d.tys supply 10 Gnmtee, evidence ~tisfactory 10 Grantee and the Depnrtmcn1 of comp hnnce with the provisions of 1h1s section. 16. DEFAULT-BREAC H A. Ddined In addition lt1 nny breache.1 or defaults specified in other sections of this Grant. including, but not limned 10 lhe Colorado Special Provisions below. lhc failure of either Pany to perform any of iu matcrinl obhgllions hereunder in whole or n pan or in I timely or satisfact()f)' m=. COOSIJ!Utes a dtfaull or bmch. The instirution of proceedings under any bankruptcy, insolvency, reorganization or similar legislation. by or •~alns1 Grantee , or lhe appointment of a receiver or similar ofn cor for Grnn1ec or any of 11, propeny. ,.h,ch is not vacated or fully stayed within 20 days after lhe msli1u1ion or occurrence thereof; shall llso const11utt a def1ulL B. ~olitt and Curt l'triud In 1he e,on: o: , dc::,ult ,. ~.,.,t, n1•1.r ol ,u.:l. ,h,11 b< ~•-en or. wnunr by the aggne•ed Part/ 10 the othe, Part) ,n :hr m,nne-I""' o.kJ m § II! tiei.,,. If ,uch default or breach ,s not cured >11thon 30 days of reccip! of" nurn noucr m 11 • cu« cannm t,e completed 1,1,ihm 30 days, cure of the default or breach has not begun 1,1•1thm "11d penod and puf\ucd \11th due d,hgmce, the aggrieved Part) may 1errrunate this Gram hy pro,•1J 111~ wnucn ""'"' thereot. '" pr<" ,d.,d for m § 18 below, Jpcc,fyong the effective daie of the 1erminn11on Notwnhstmuhn~ 1mvth111p 10 1hc conlrnl') hereon, the Depanment, in its sole discretion, need not provide udv:incc no11ct rn • cure.• renod and mn) 1mmcdia1cly 1cnnintuc this Gran1 in whole or in pnn if rcnsonnh!) ncccs<al') In preserve puhhc ,:ilety or to prevent immed iate public crisis , 17, REMEDIES If Grantee is on defauh or breach unde1 an, pro,mon of th o< Grant, the Ocparunent shall have all of the n:medies hsted on th" s,c11on m addition 1n all other remedies sei forth on other ~011$ of this GranL The Dcpanment may cxen:,sc llll) ,,, all of !ht remcd,c, nailablt 10 n. ,n 1u sole d1scretJon, concurrently or consecutively. A, Termination for Cau.w and/or lltfaull I! Granter. fails to perform &n) or ,u nhhFat11•u hereunder with su.:b d1hgencc as is required to ensure us compleiion ,n accordance with the pmm1ons or th" Grant and ,n a timely manner. the Department may notify Grantee or such non,performancr 1n accordanct with tht §16 above and §18 below. I! Grantee therenftcr fails ,o promp!I)' cure ruch non -performance within the curt period, the Dcpanmen~ at iu option. may terminate thi s entire Grant or such pan of thos Grant JU 10 which there has been delay or a failure to properly perform, Excrc111C by the Dcpartmen1 of this nght •hnll not be deemed a breach of it.! obligations hen.under, Grnntcc shnll cont inue pcrfom,u nce of thii Grunt to the extent not terminated, if any. i. Obligations and RJ~hts To the ex1en1 specified in the 1rnrunllli011 noti ce. Grantee <hall not Incur further obligations or reader further performance hereunder p•>l the effectl\'C date of mch nnoce. and sha.11 also 1ermina1e outstanding orders and subcon1r11ct• ,uth third p:u,;c,. llo,.c>er, Grantee shall comple1t and deliver 10 the Dep:iruncnt all Set\ 1~« lllld GooJ, not cancelled b) the 1cnrunauoa notia, and may iru:ur obligauons as are nectS.<11') to do <c> w11h,n the GJ11nt icrm, In thr ,olt d1Kretion of the Dcpanmen~ Gran1cc sball ass1GJ1 to thr Oq,anment 1111 or Grantees nght, 1111<. and mtere.~ under such temunllltd orde" or subcontraas Upon tcrmonauon. Grantee shall lilt 11mcl). renonable and •=sari action 10 prolect aod pre.<erve propell) on the P<!"SC'-"OO ol Grantct m .,h,ch tht Dcpanmen1 has an mien:SL All niaten,I, "" ned by the Department on tht possr,s1on or Grun1ce shall be immediate!) returned 10 the Dep:mmcnt All Wurl l'mduc1. at the optmn of the Orp.tnmcnt . shnll be delivered by Grantee to 1hc Depanment and shnll become the O<panmcnt ', propeny ii. Payments The Oepanmcnt shnll pny Grn ntrc only for ntt:e1Med pcrfom,nncr received up 10 the dme of 1cmunn1ion If, afier tertnmotlon b) the Dcpanlllt"nt, " I• ~eu,rm11,cd thnt Gromcc wa, not in default or ti:,1 Grem ce'• action or mactioo was c,cu~ble, >11th trrmm1t1rn, ,lull he 11-catcd LI n termination m t\w , ··i,I•• inicrest and the ri ght, and obhgttuon, of thr Panic. ,hull be, the same as if this Grant had •din the pubhc interest, Ill> dcscuhcd m f l7t fl) hdow iii. DL '". ,otdl ng Nlll "tl,>td.· / other remcd1:il act,oo b) the llcpartmrnl. Grantct aho sh&ll remain liable to the Depai•menl lo, .u , damag~ m~aincd b) the Depanmc:n1 h~ , 111uc of ,my defau lt unJer th,s section b) Grantee and 1hc Department may withhold llll) p•ymcnl 10 C.ranlct for the purpose of mitigating the Dcpanmeni 's damase,, unul such ume as the ellCI nmoont of danugcs due In the Dcpanment from Grantee 1s dclcrmmcd Funhcr. the Dcprutrnc111 m.ii withhold amounts dut 10 Grantee as the Department deems nccessarJ 10 pro1cct the Dcpanment 1g11n,1 Im, bcc1u.11e of out<tanding liens or claims of fom,er hen holders ond 10 reimburse the Dcp111mrnt lor the c,cess costs incurred m procuring similar goods or icrv1ccs. Grantee shnll be hnblc for excess com incurred by the Depanmenl in procuring from thil'd panic! replacement Service~ ur rnhstltutr G~t~I• •• cover. rair toofl7 n. Earl) Tcrminallon for the l'ubll c lntere<t The Drpanrne.nt 1~ cnt:nng mto tha, Gr.ml f(lt Ult rurp ,,c u: c .ar:-, :nt ,1u• !ht 1,uh11 .. !"'•i 1 .. ) \II 1hr ~l.ilt' l,f Co1o:-ado. as dctemunrd b\ 1t1 (',c,,cmn;. Grner.ai A~\C'mhh, ;uJ (ou" It 1h11. <,r.in: ~r:i~,. h lunhrr the pubhc poh c) or the Stite. the Dcpanmcnt In n, "'" d1~1r:, ,,. n, .. l<' "'"'"" !hi' ( ··•nt Ill "hole ,. m p•n Excmsc b) the Dcpanmcnt a! th15 n~ht <11.111 r..,, 1..-,lern .. ~ • hie"' h of the I 1tp•nmcn• , obhgauon, hereunder. Th,~ subsccuon shall no, appl) .o • 1rnn111,1u 111 u! tlu ! ,c.111 h• tlor I le r,annicni for cause or dcfauh hy Gnntcc. 11,h,ch shall be ~o•'tmtd t>i ~171 \' •"'"" i. Method and Content The Dcpanmcnt shall nouf) Grante"t of the 1crm1no11m 1n ._.,,r,i4n,t ._,th t 1111ho•,o an<' l l K I-ti•·" specifying the cffccuvc date of the 1cmuna11on and "h<-thcr ~ affe. h .:1 or • I'""""• ,,i 1111 1 oram ii. Obll:oUons and Rights Upon rteeipl ofa term mauon nooce. Grantee shall be ~bJC<! 1< •nd t1•1t1ph "uh tl7t/\l!h ahme iil.Paymtnts If this Grant ,s terminated b) the Dcpannicnt m fonhcran"e o f the P"hhc 1nteres1 or the ~tatt of Colorado, Grantee shall be r•id for sausfa<:t0r)-pcn,n m•nrc " to 1,1• of t"rrninn111111 It\\ paymcnts p1tv1ously made. C. Remedies Not Involving Tcrmln•Uon The Department. us sole discretion. may exercise one or more of the followmi: remcd1e, m addition 10 other remedies available to the Dcpanment: I. Suspend Performance Suspend Granicc's pc rfonnance with respect 10 all o, • , ;:onion "' this ,··,:. ~endin g necessary corrective action as specified by the Depanmcnt w;thout entilling Gm " to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performan.,. and incurring costs m accordance with the Depanment's directive and the Depaninent shall nm be liable for costs incurred by Grantee ofter the suspension of performance under this provision Ii. \Vllhh,,ld Payment Withhold t U)'1ncn1 to Grantee until corrections in services arc s:-1:•:fact,o 11)' completed w,d /1,r accept•ble goods are provided . Iii. Oen)' Poymcnt Deny payntnt '.>r tho.e Services not perlornicd and/or Goods not prcwidrd and which due, 10 c,rcumStanw caused 1') the Grantee c.,nnot be penoll!lcd or provided or, 1f perforni•d or prtl\·1dcd. would be of no value 10 the Dcparunc,.. pro,ided, that any demal of payment mu<1 he rc•-•Ml related to the value or work. ricrformance or Goods lost 10 tbe Dcpanmcnt. h. Remo,,al Demand removal of any of GranlCC's employees. agcn.;, or subcontractors whom tbc l>cp;,nni<nt deems 1ncompe1en1, careless. 1nsubonhnatc. unsu,ublc. or Olhcr1<1se unacccru,hk. or ,.h~ conunucd rcl111on to this Grant is deemed to be contrary 10 the public mterc,1 or no1 10 the Dcpanment's t>cSt ,nu:rcst. Replacemcnt ofan) key pcrsonocl hcrcundrr shall he dune, ,n accord.nee with the rclc,ant provlsioni of Exh'blt B. 18. NOTICES and REPRF,SENTATIVES Each indil•1dual 1den11fied below is the pnncipal n:prest11Utives of the designaung Pan) All 1101,ce< required to be given hereunder shall be hand del,>e~ with rcceipi required or sent t,v ccnified nr regi<tc:rcd 11111il in <uch Pany·s pnnc1pal reprcscnU1Uvc at the address set fonh below. In odchtion ,~. bu1 not 1n lieu of, hanl-:,,py notice, notice olso ma)' be sent by e-r,,,.l 10 the e-m,il addresses. if any. sec fonh bclo~. Either Pill\) may from umc to time designate by wnttcn nouce substitute addresses or persons to whom such notices sholl be sent, Unless Olhcrw1se provided herein. ~II n011ces shall be effeetivc upon receipt. A . Oeparlment: Hans Kallam. Director Colorado Department of Local Affairs Division of EmergencJ' Management 919~ E. Minernl Ave., Ste 200 Cente nn ial. CO 80 11 2 Email : hnn,,knUmn© <ta\c,co us Pa~cll ofl7 B. Granlcc : Steve Green , Coordinator Coty of Englewood Eme rgency Managcmcm 3615 S. Elati Englewood. CO 80110 Email : 19 . GOVERNMENTAL IMMUNITY No1wi1hstanding any other provi sion 10 the co n1rary . nothin g herein shall eo ns1 i1u1e a wai ver. express or implied, of any of 1he immunities. righlS, benefi~. prmec1ion . or other prov isions of 1he Colorado Govemmenlal lmmu011y Ac1, §CRS 24-10-101, el seq .. ns amended. Liability for claims for injuries to persons or propeny ari si ng from the negligen ce of Ll1 e State of Colorado, its depanments , institution s, agencies , boards , officials, and employees is co nirolled and limited by the provision s of the Govemmemal Im muni ty Act and the risk management statutes, CRS §24-30-1501, et seq ., as amended . 20. LEGAL RESIOEN~ This legai res ident sec tion /c heck one] D applies to , or doe s not apply l8I to thi s Grant. Gran1ce must confirm thal any individual natural person eighteen years of age or older is lawfully present in the Uni1ed State s pursuant to CRS §24-76.5-101 Cl .seq . when such individual applies for publi c LenefilS provided under this Grant by requiring the following: A. Identification: Th e applican1 shall produce one of the followi ng personal identification s: i. A ,,aJid Colorado drive~·, license or a Colorado identification card, issued pursuanl 10 aniclc 2 of title 42, C.R.S.: or ii. A United S1ates militlll")' care or a miliiary dependent 's id entifi ca tion card: or iii. A United S1ates Coast Gu:.rd Merchant Mariner card: or ii'. A 'alive American ~;t,aJ documenL B. Affid•vil The applicant shall execute an affidavit herein auached as Form I. Affidavi1 of Legal Re sidency, stating : i. That they are United Sta1es cit izen or legal permanent resident: or ii. That the y are otherwise lawful!)' presen1 in the United S[ate s pursua nt to federal law . 21. SOLE SOURCE GOVERNMENT CONTRACTS , AS OEFlNED 1N OLORADO CO 'STITUTIO ' ARTICLE x:xvm. /Thi! pro:•ision applies oo !,, u, so le source gove rnment contrac1s and does nor apf1ly ro conrracrs betw een go,,ernmcntal cnriries or an y cont ra ct which used a public and competitiv e bidliing process in which the State ag,nc)' or institution of higher education solicited at ltast rh rte bids prior to awarding th e comrac1]. Coniractor cenifies, warrants, and agrees tha1 it has complied and will compl y with Colorado Constitution Anicle XXVID. incl uding bu1 not necessarily limited 10 the following prohibition s and obligati ons: A. lf during the term of the contract, co ntractor holds sole sourr e govemmenl co~tracts with the Slate of Colorado and any of its political subdiv is ions cumulatively 11,,ali ng more than S 100,000 in u calendar yea r, then for lhc duration of thi s contract and for two years afte 1, contractor will nol make. cause to be made , or induce by any mean s a contribuiion, directly or in direc tly, on behalf of contractor or con trac,or's immedia te family member{s) fo r the ben efi l of any political pany or for th e benefit of any candi da1e any elected office of the State or any of i1s politica l subdivisions : and D. Contractor repw ~ct\ that contractor has 001 previously made or caused 10 be made, and will not in 1he fu1ure make or caus,• 10 be made, any co mribution intended 10 promote or influence !he result of a bullot i,sue election re ,~ted to th e subject matter of thi s contract : and C. Contractor will satisfy contractor's obligations to promptly r,,pon 10 th e Colorado Depanment of Personnel & Administration information included in 1hc Government Contracl Summary and the Coniract Holder Information, regarding th is contracl and any other sole source governmen t con traclS 10 whi ch conlr',ct or is a pany: and D. Conlractor understands that any breach of th is sec1ion or of Contractor 's re spo nsib ilities under Colorado Constitution Anicle XXVID may result in either conira ctual or consti1u1i onally ma11da1ed pen31ti e.1 and remedies; and Page 12 of 17 E. A (\,ntrJ,101 1h11 1n1en11onltlh ,·,ol ate, Colorado (ons111u11on Aruck XX\'Ul Sea,,n 15 er I ;,~1. ,ha!: i,, hr, ,, 11 h<>ld llll) ~ole source go"emmen, conm,· t. or pubhr emplo)'men1 wn• h , ••• or Jll) II 1--hti.al )Uhdl \'IS1on< /or three )'Cal's: aud F. B) nccullt>r, of 1h1• contracr, Contraaor hcreb) conrums 11 "' qu1U1fied and ehg,ble .,ider •• .:h prcn 1~1on, m tn1cr 1ruo thu; conUXL r ,~ pll'l"'''" 11f th1< clauic, the, term "coottaetor" shall ,ncludc pusons that conuol ten percent or n,on , uu or 1n1<rc.<1 ,n c11ntr11cto:, •• 1'-cll as con1rt1C1or's officm. dire<:tor., and uustccs Tnc term "1mmcd .a1e f• 1ily membtr" ,hall include a spouse, child, ,pousc's child, son-m-law, daughter•tn-Ja,.. parer.~ sibhne, grandrarent. irandchtld. Rrpbrothcr. stepmtcr, Repparcnt, parcn1-1n-l•"· brothcr-,n-law, sister-in-la", .,unt niece, nephe". guud1an. or domesuc panncr. 22. GENE RAL l'RO\'ISIONS A. A•sl~nnitnl Except as othtr1A1<e si,et1ficall) provided in Exhibit B, Gmn1cc·s righu llld obligations hereunc!~r are personal and ma) nOI ht transferred. assigned or subcontraeted, wi:nout the pnor, wnuen consent 01 1hr. State Any aucmpt at assignment. transfer, subconu.u:ting without such consent ahnll be vo,d. A.I ass,,nmen1'. subcon1racWsubcontr11C1ors approved by Grantc> ,. the State shall be subject 1n l~.e provisions hereof Grnntee shall be solely responsible for all :i,,pects of subcontrneting arrangcmcnu and pcrfom1nnce 8. Rinding EITl'Ct Unless otherwise provided herein. all provisions herein contained, including the benefits and burdens, Sholl extend 10 and be bind ins upon the Panies' respective neirs , legal representat ives, succes~ors. and assigns. C. Ca pllon~ The captions and headings in this Agreement nre fo r convenience of reference onl)', and shal l not be used 10 1111crpre1. define. N hmll Iii prol'ISIOOS. D. Coun1 erp11rts Tius Aprtcmcnt m•y be executed tn muluple identical original counrerpw, all of which sb:il l consutulC on• agreement E. Entlrr Underst1 ndln~ Tim Agreement rerre,en1> tht! complctr m1errauon of all undemandings between the Prut,cs and all pnor repn,scnun,~r., •nd unJmtand1n~1. oral or wnuen. are m..~cd herein. Pnor or contempo:anec,u,, add11ion. dclro(III . or other 01nendmen1 hereto shall no: have ani force or affect whatsoever, Wiles> embodied herein F. Fedcrul Fund lng-Ll<t uf Sdrcted Applicllbl e Laws Contra.:tor al all Uf11C\ dunns tht performance of this Contract shall comply "1th all applicable F..:m.J and S1 •• e lawi and th,11 1mplemcn11ni; regulations. cumnOy m emtencc and as hereafter amended, 1ncluo,. • w11hou1 l111u1a11on thO<C ,ct fonh on Exhibit A , Applic,ble Laws. attadted hereto, which laws and rernations are 1110.'IJ'Ontcd herein and made pan hereof. Conuaaor also shall require comphance with su ,. IB V.'l and rc1ula11011 , b) •uh-contn1C1ors under sub-conL111ct1 permitted by this Contract. G. lndemniOcatlon i. lntcr;ovcrnmcnlal Grunt, If 1h11 i, an intergu,cmmcntol Grant, th< pro"mons hereof shall not be construed or 1n1erpre1ed n a waiver, express m 1mphcd, of any of the immunities. nghu, bcnefi1s, protection, c • 01hcr provi•ioos, of the Colorado O..vcmmemal lntmun11 y Act, CRS §24-10-101 ct .eq., or th, federal Ton Claims Act, 28 U S.C 2(,71 ct seq., a, 11pphcablc, 11~ now or hereafter amended II. Nnn-ln1cri:ovcrnmc111ul Gra nts Grantee shall inde11111ify. save, and hold harmless the S1a1c, ilb employees and agents, against any and all cl aims. dama~CI. liabi111y and coun awnrds including costs, expense,, and attorney fec1 and re lntcd costs, incum:d as a result of any net or omissi on by Grantee, or hs employees. agenll, subcomrnu~r... or nuignees pursuant 10 1hc terms of this Grnnt. l'•r• 11 of 17 II. Jurisdiction and I enut All S'JllS, o.:11ons. or pro."Codmg, reln1<d lo lhrs Agreement shlll be held m the Stotc of Col<Y.ado •n1 lht Part1e, herb) agret that ,-enuc wll be propc, m the Cll) and Couni) oi Den,cr I. Modification i. Bi lht r arti~ E1c:,:p1 u spc.:tf1C31l)' provided m tlus Agreemen1. mod1fic11.,ons of tins Ag=mcn1 shall not be cfrccuvr unle<s agrted lo ,n wnung by both parucs m an amcndm.:01 10 tins Agrecmen1, proper!) ex,ou1cd and appr0\'ed 1n IJCCOnfance wilh Color:ido Swe la" :md S1a1e Fiical Rules. ii. By Ope:atlon or Law Tins Agreemeni 1, subjec, lo such mochfications as m&) be required by changes in Federal or Colorado Sta:e law, or their implementing rcgulauons. Any such required mochficauon aotomahcally shall be mcorporAtcd into and be pan of this Agreement on the effecll\ c date of such change, as if fully set fonh herein . ,I.O rder nf l'recedenc. The provisions of this Agreement shall govern the relauonship of lhe Slate and Grantee, In the event of con flic ts or mconsi>1cnc1cs bet ween 1!<1s Agreement and ii, exhibits and attachments, such conOicu or inconsls1encics sh,11 be resolved by reference to lhe documen1s in lhe following order of priori!)': I. §23, Colorado Special Provisions II. §fl-22 of this Gronl Agreement Ill. Exhibit A, Applicable Laws h•, Exhibit B, Suncmcm of Projecl. v. Exhibit C, Ann1111l Program Paper and Slllffing Pa~ern K, Scvcrablllt)' Prov,dcd this Agreen,ent can be exccu1ed and pc:fonnancc of the obUgations of lhc Panics accomplished within its mtcnl. the provisions hereof arc severable and any provision that is declared m,·ahd or becomes inoperable for Ill) reawn skall not affett the ,·atidny of an) Olhcr provision hereof. '. Sun-h-ol or Ctrtaln At:rcemcnt Terms , lo1w1l11Standmg anych1ng herein 10 the contrary, proviSJons of this Agreemcn1 requmna conunucd perform=, comphanec, or cllcct after ICntllnation hereof, shall sw \'iYC such 1enrun11.ion and shall be cnfOIU-lble h) lhc Sate 1f Gran.tee fails 10 perfonn or comply a., requlftd M. Third rarti lltncflclarlcs Enforcement of this Apmen1 and all nghts and ob~auOlll ben:undcr an, r<!Servcd sotel) 10 ll:c Panics, and not to •n) third pllt) Any .ser"ices 0" benefits wluch third panics rcccl\"t as a result of 1h1s A'1'cemcm 1re UICldcntal lo the Agreement. and do not Cl'CJle any righu. for su., third panics. N. Waiver W11ver of an) blUch of ■ 1<1'1111, prov,11on. or rcqwremeru of this Apmcnt or any nghl or remedy hereunder, whelha expheitl) h) lacl. of enforcement. shall 1101 be consuucd or deemed as a woivcr of till) subsequent breach of iueh tenn, pro,•ision or requirement. or of any Other term. pro,·1sion. QI' rt4uiremcn1 THE kEMAlND ER OfTIHS PAGE ll'o'TENTIONALL\' LEFT BLANK l'ol!• 14 of 17 23. COLORADO SPECIAL PR0\1SIONS Th~ Special l'rov1sions apply 10 •11 State c<>n1111r.1~ t>CCJ'I ""here noted 1n 11a/1c.i A. I. CONTROLLER'S APPRO\' AL. CRS §24-30-2020 1. This GJ'3nl shall not be deemed vahd until II hu been approved b)' the Coloradc St11e Controller or desig11ee. ll. 2. FUND A VAI LABfLITY. CRS §24-~0-207(5.5). Financial obligations of the State paynb1e after the current fiscal yeor are contingent upon funds for that purpose being appropriated, budgeted , and otherwise made available. C. 3. GOVERNMENTAL IMM UNITY. No term or condition of this Grant shall be cons1n1ed or interpreted ns a waiver. express or implied, of any or the immunities, rights , benefits. protections. or other pro,;sions. of the Colontdo Governmental Immunity Ac1. CRS §24-10-JOJ Cl seq ., onhe Federal Ton Claims Act. 28 U.S.C f§1346(b ) ll!ld 2671 et .seq •• IS applicable ,10" or herufter amended. D. 4. INDEPENDENT CONTRACTOR. Grantee shall perform its du11cs hereunder as an independent contractor and not IS an employee. Neither Grantee nor any agent or employee of Grantee shall be or shall be deemed 10 be an agent or employee of the stale. Grantee shall p•)' when due all required employment wes and income taxes and local hea.l wes on any monies paid by the sme punuant 10 thts Grant Grantee acknowledges that Grantee and its employees are nO! entitled 10 unemployment insurance benefits unless Jrantee or a third pany provides such coverage and that the state does not pay for or odlerwise provide such coveraae. Grantee shall have no authorization, express or implied, 10 bind the state 10 any agreement, liability or underntandin&, except as expressly SCI fonh herein. Grantee shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by :he s1n1c) and unemployment compensation insurance in the amountS required by law and shall be solely responsible for its acts and those of ii.I employees and agents. E. 5. COMl'LlANCE WITH LAW. Grantee shall strictly comply with all applicable federnl and State laws. rule,, and regulation• in effect or he~fter established, including. w1thoo1 hrrutauon, laws applicable 10 d1scnminati011 and unfair employment practices. f. 6. CHOICE OF LAW. Colorado law, and rule.• and regulations issued pu1$Uanl thereto, shall be apphed in the interpretation. executioo. and enforcement of this GranL Any provision included or incorporated herein by reference which conn1cts with said laws, rules, ll!ld regulations shall be null and void. Any provinon incorporated hercin by reference which purports 10 negate this or ony other Special Provision In whole or in pan shall not be valid or enforceable or a,•ailubl~ 1n any acuon 01 law, whether by way of complaint, defense, or otherwise. Any provision re ndered null und void by the operation of this provision shall not invalidate the rcmJtinder of this Gr11nt, 10 lhe ex tent cupable of exec111ion. G. 7. UIN DI NG ARBIT RAT ION PROHITIITED. The Suite of Colorado does not agree 10 binding arbitrallon by any cxtr11-judicial bndy or pe~on. Any provision to the contrary in this Grant or incorporated herein by reference shall be nu .I and void . H. 8. SOFTWARE PlRA CY PROHIUITI ON. Go,·crnor's Executl ve Order D 002 00. State or other public funds payable under this Gram shall noc be used ror the acquisition, orcmtion. or mainlCl\3nae or computer soltware in V!olation of federal copyright laws or applicable licensing rutrictiOIIS. Grantee hereby certtlies and warnnu that. during the leml of this Grant and any ex1ensioos. Grantee has and shall maintain in place appropnair systems Md comrols to prevenr 5uch improper use of pubhc funds. If the Suite determines that Gnt.nttt is in violation of this provision, t'ie Stale may cxemse any remedy available al law or in equiry or u11der this Gran~ including. without limitation, 1mmcd1ate tenninalion of this Granl and any remedy consistent with federal copyright laws or applicable licensing restrictions. Png, 15 of 17 I. 9. EMPLOYEE FL\ANCIAL IJ\'TERESTICONFLICT OF INTEREST. CRS H24-1R-20J und 24-50-507. T he s i~nnltlnei u,•er thru 10 their know ledge, no emp loyee of the State has ruty personal or beneficial interest whutsoevcr ,n the service or propeny described in this Grant. Grantee has no interest and shall not acquire ony ,ntcrest. direct or indirect, that would conflict 1n any manner or decree with the performance of Grantee's services and Grantee shall 1101 employ ony person ha van, such known interCSLS J. 10. VENDOR OFFSET. CRS §§24-30-202 (I) and 24-30-202.4. /fl'ot Applicablt to lnt,rgo,·tmm,ntol Grants] Subject to CRS §24-30-20~ 4 (35), the State Conl/'Ollcr may ll11hhold payment under the State's vendor offset intercejll system for debts owed tn State agencies for: (a) unpaid child suppon debts or child suppon arrearages. (bl unpaid balances of tu, accrued interest. or other charges specified in CRS §39-21- 101, et seq.: \C) unpaid loans due to the Student Loan Division of the Dcpanmcnt of Higher Education: (d) amounts required to be paid to the Unemployment Compensation Fund: and (e) other unpaid debts owing to the State as a result offinal agency determination or judicial action. K. LI.P UBLI C CONTRACTS FOR i.ERVICES. CRS §8-17.5-101. {Not Applicablt to agrecmcnts rt/ming to the offu, iuuanc,, or salt of s«llriliu, inv,sonuu ad•isory scr,/us or /ll11d manJlgtmtnJ ttnicu, 1ponsortd projtcts, /nJugo,·crnmcnUll ogrttmtnts, or informalion ttch,wlog:, surka or producu and 1<rvicu] Gr.mtee ccrufies, wamnts, and agnes that it docs not knowingly employ or contract with an illegal alien who will pcnonn work under this Grant and will confirm the employlll".nt eligibility of all employees who are nell'IY hired for employment in the United States 10 perfonn work under Jhis Grom. through panicipntion in the E-Verify Program or the Department program established pursuant to CRS §8-l 7.5- 102(5)(c). Gran1ec shall not knowingly employ or contract with an illegnl alien 10 pcrfonn work under llliL.Qnru or cnlCr into a contract wilh a subcontractor lhat fails 10 certify to Grantee that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under thjs Qmm. Grantee (a) shall DOI use E-Vcrify Proaram or Dcpanmcnt ptOITlll1 proccdur°' 10 undertake in· employment scrttn1ng of Job apphcaau while this Gram is being pcdonool, (b) shall n01ify the subcontractor and the contnaing Stale agcnq within lhrcc days if Grantee hu actual knowledge that 1 subcontractor is employing or contracung 11ith an illegal alien for work under thit Grant, (c) shall terminate the subcontract if a subcontractor docs no1 stop employing or contracting with the illegal alien within three duy1 of receiving the notice, nnd (d) shall comply with rea,onablt requests made in the course of an Investigation, undert•ken pursurutt to CRS §8-17.5-I02(5), by the Colorado Dcpanment of Labor and Employment. If Gramee participates in the Department program, Grantee shall deliver 10 the contracung Staie age ncy, institution or higher education or political subdivision n wrinen, notarized affirmation, affirming thru GrantcC has examined the legal work smu~ of such employee, and comply with all of tbc other requircmcnu of the Dcpanmcnt program. If Grantee fails 10 comply with any requirement of th11 provi<1on or CRS §8-17.S-101 ct seq .. the contracting Stale agency, insrnutioo of higher educa11011 or political subd1v1s1on may terminate this Grant for breach and, if so tcmunated, Grantee shall be Hable for damages. L. 12.PUBLI C CONTRACTS WlTR NATURAL PERSONS, CRS §24-76S-J01. Grantee. if a nnturnl person eighteen (18) years of age or older, he reby swcurs and affirms under pcnnhy of perjury that he or she (a) is a citi ien or otherw ise lawfully present in the United Stales pursuant to federal law, (b) shall comply with the provisions or CRS §24-76.5-101 ct icq .. and (c) has produced one form of idcnttrication required by CRS §24-76.5-103 prior to the effective date or this Grant. Rcvucdl/1/09 THE REST OF THIS PAGE INTF.NTIONALLY LEFT BLANK r,sc 16 or 17 24 SI GSATURE PAGE THE PARTIES HERETO HA VE El{ECUTED THIS GRANT t, Persons signinG ror Grantet hereby swea r a nd affirm that lht) arc aulhorlud to act on Granter's behalr and acknowledge 1h11 lhe Stat, Is rcl)ing on their repn,stntallons lo tha l effect. GRANTEE STATE OF COLORADO CIT\' OF ENGLEWOOD BIU Rltter, Jr., GOVERNOR DEPARTMENT OF LOCAL AFFAIRS By Name or Aulhcriud lndiv,dual 8)': Titl e: Susan E. Kirkpatrick, Executive Director Official Title or Aulhoriud lnd,vldual Date. •s1anacurc PRE-APPROVl!D FORM COl\'TRACT REVIEWER Date · By; WiU,am F Archambaul~ Jr. Dtie· ALL GRANTS REOUlRE APPROVAL h, lh• STATE CONTROLLER CRS §24-30--202 requlm lh• State Controller lo approve all Stair GranlS. This Grant Is not valid uatll sli:ned and dated below by the State Co ntroller or delegate. Gran ite Is nol authorized to begin performa nce until such lime. If Grantee begins performi ng prior thereto, the Statt or Colorado Is not obligated lo pay Grantee for such performance or ror any ~oods and/or services provided hereun der. STATE CONTROLLER Da•id J, McOem10t~ CPA By: ____ -,-------,----- Rosc Marie Alll<n. Conuollc, Deleg11< Datt: ______ _ Page 17 of 17 2009 Et.U'GILE.\IS · rroject/Award Sumh,r: 9EM09LV8 EXHIRIT A -APl'LICABLE LAWS Federal laws and regulations incorpornted into 1h1s Grunt include. without hmnauon: 1. Age D,scrimtna1ion Act of 1975, 42 U.S.C. Sec11ons 6101. el seq. 2. Age Discnmination in Employment Act of 1967. :?9 U.S.C. 621 -634 3. Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. I ~101. et seq. 4. Equal Pay Ac1 or 1963, 29 U.S.C. 206(d) 5. lmmigraiion Reform and Control Act of 1986, 8 U.S.C. 1324b 6 Section 504 of the Rehabilitation Act of 1973. 29 U.SC. 794 7. Title VI of the Civil Rights Act or 1964, 42 U.S.C. 2000d 8. Title VD of the Ci"il Rights Act of 1964. 42 U.S.C. m:le 9. Title IX of the Education Amendment of 1972. 20 U.S.C. 16~1. et seq. 10. Sewon 24-34-301. e1 seq., Colorado Revised SIIIU1es 1997, as amended 11. The applicable of the following. I I.I. Cost Princ,pals for State, Local and Indian Tnbal Governments. 2 C.F.R. 225, (0MB C.r::ular A- 87): 11.2. Cost Principals for Education Institutions. 2 C.F.R. 220. (0MB Circular A-21 ); 11.3. Cost Principals for Non-Profit Organizations. 2 C.F.R. 230, (0MB Circular A-122). and 11.4. Audiis of States . Local Governments, and Non-Profit Organizations (0MB Circ ular A-133): and/or the Colorado Local Government Audil Law, 29-1-601, et seq, C.R.S .. and Suite implementing rules and regulations. l 1.5. Immigration Status -Cooperation with Fedeml Officials. CRS 29-29-10 1, et S<!q. 11.6. Davis-Bacon Act, 40 U.S.C. SS 276a lO 276a-7. 11.7. Copeland.Act. 40 U.S.C. S 276c and 18 U.S.C. SS 874. I 1.8. Contraet Work Hours and Safet) St•n<brds Act, 40 U.S.C. SS 327-333. rcgardmi ~bor standards for federally assisted constn1Ct1on sub-a~·ards. 11.9. Wild and Scenic Rh-ers Act of 1968. 16 U.S.C. SS 1271 et. seq. related to prou,cung components or po1ential componenu of the nauonal wtld and scenic rivers system. 11 10. National Historic Preservation Act of 1966. as amended, 16 U.S C. 470. Executi1-e Order No. 11593 (identification and pl'Olection of lnstonc properties}. and the Archaeological and Histonc Presen-ntion Act of 1974, 16 U.S .C. 469a-1 et. stq. l I.I I. Rohen T. Stafford Disas1er Assistance and Emergency Relief Act (S1a.fford Act), 42 U.S.C. 5121 el seq .. as amended. 11 12. Notional Flood In surance Acl of 1968, 42 U.S.C. 4001 et. seq. 11.13 . Comprehensive Environmental Re sponse, Compensation, and Liobili1y Act of 1980 (CBRCLA). 42 u.s.c. 104. 11.14 . Depanment of Defense Authorization Ac1 or 1986. Title 14, Pon B, Section 1412, Public uw 99- 145, 50 u.s.c. 1521. I I.IS. USA PATRJar Act of 2001, (Pub. L 107-56). 11.16. Digital Television Transition and Public Safety Act of 2005, (Pub L. 109•171) 11. Fedcn,I Emergency Management Agency, Department of Homeland Sccunty Regulation., All Applicable Poruocu of 44 CFR OtaplCr I. w,th the following Pans specially noted and applicable to all grnnts of FEMA/DHS funds: 1: l Uniform Admimstrauve Requirements for Grants and Cooperative Agreements 10 State and Local Governments, 44 C.F.R. 13. 12.2. Govem men1wide Dcbannen1 and Suspemion (Nonprocurerncnt) and Requirements for Drug-Free Workplace, 44 C.F.R. 17. 12.3. New Restrictions on Lobbyi ng, 44 C.F.R. 18. 13. Privacy Acl of 1974, 5 U.S.C. S 5529 nnd Regulations adop1ed thereunder (44 C .F.R. 6). 14. l'rohibuion against use of Federal Funds for Lobbying, 31 U.S .C. 1352 P•~• I or i -Exhib11 A -Apphcoblc Laws IS None of the funds made available lhrouih th,, ai,reem<m shall be used m con1m-cn11on of the Federal buildings p<rfOll!Wlce and reponing r<qUll'<MCnli of Execuuve Order No. 131~' pan 3 of ulle V of lhe 1 ~ Nouonal Energy Conservauon Pohc)' Act, 41 U.S C. 8151 CL Seq .. or subull• A of ulle I of the Energy Ill' Polic> ACI of 2005 (including the amcndmcnu made !hereby), 16, None of the funds made ,,•ailable shall he used 1n contravention of secuon 303 ~r lhe Ener&y Policy Act of 1992, 42 u.s.c. 13212. 17, Buy American Act, 41 U.S.C. 10a e1 seq. 18, 2009 EMPG Federal Grant Guidance THE REST OF THIS rAGE INTENTIONALLY LEFT BLANK Pace 2 or2-F•hiblt A-Applicable Law, it 1009 EMl'GILCMS. Project/A11urd .'-'umher: 9EM0qL~8 EX IIIIIIT R -STATEM.£1\'T OF PROJECT <SOP! EMERGENCY MASAGEM E!ff PERFORMAKCE GRAll'T (EMPG) I. GENtRAL DESCRIPTION OF THE PRO.JECT(Sl. Grantee will Clltr)'·OUt the annual work plans in the Annual Program Paper and Staffins Plan (Exhibit C) for each of the Emergenc) M•nagcment Functions (EMF). Grantee must pamcip11e ill NIMSCAST by cmenng or upd.,ting the Grantee'• dall as pan of meeung the NIMS compliance rtquuements. I .I . Eligibl e/approved ••l)CIISCS. Rigible expenses include up 10 one-half (50%) of the costs for ulancs and benefits for Grantee's emergency manager and emergency manar-;,ncnt staff, travel, emergency rmnagement office operational costs, and the costs associated with. emergency management exercises, training and planning. The required 50% non-federal match need not be provided b)• the Grantee on a line-item by line-item basis. but must be SO% of the total overall expend itures. Reimbursement will not exceed the federal share awarded herein unless an amendment 10 this contract is cx-.cuted 10 tocreasc the amount of the award. No more than 3% of this Grant may be used for Management and Administration (M&A) costs. It should be no1ed that salaries of local emergency managers are not typtcally categoriud as M&A. unless the local Emergency M1111gcmen1 Agency (EMA) chooses 10 assign personnel 10 specific M&A llCll,~ucs. Additional specific eligible and ineligible cost information is listed in the 2009 EMPO program guidance at h11p;//www.fema gov/pd((povcmme n1io:rnmlemgpl(y09 empg gujctnpcc.pdf 1.2. ldcntiOeation of Subgrant NONE. 1.3. Maleh. Gnm1ec·s ttqull'cd non-federal match contribution. if any. 11 detailed m §6 below Thr m:ttch {chtck tJM} ~may.or may not O include in-Jund match. Documen111ion or expenditures for the non- federal match contribu11on is r,quired. !. DE.FINITIONS: 2.1. List specialized tenns used ,n the SOP. NONE. 2.2 . List abbreviations used in the SOP. Local Emergency Management Suppon (LEMS); Emergency Management Function (EMF): Emergency Operating Center (EOC): Management and Administration fM&A): Emergency Management Agency (EMA); National Incident Man•gement System (NIMS), 1'1MS Compliance Ass1sumce Suppon Tool (NlMSCAST). 3. PERSONNEL: 3.1. Responsible Admlnistralor. Grantee's perf011nJ111ce hereunder shall he under lhe direct supervision of Strv• Green. Coordinator, an employee or agent of Grantee, who is hereby designated as the responsible admini s1rn1or of Lhis projccL. 3.2. Olhcr Key Personnel. NONE. 3.3. Repl a=ienl. Grantee shall immediately notify the Depanment if any key personnel cease to serve. Provided there is a good-f111h reason for lhe change, if Grl!ltee wishes 10 replace its key personnel. it shall nouf y the Dcpanment and seek il.5 aPfW11,•al, which shall b,: al the Depanment • s sole d1screuon. M the Depanmenl issued this Grant in pan reliance on Grant,e's representations regarding Key Personnel. Such nonce shall specify why the change is necessary. wh~ thr proposed replacement is, what his/her qunlifocatior s are, nnd when the change will lake effe"l. Anytime key personnel cease 10 serve , the Depanm/'111, in its sole di8Cl'e1ion . may direct Granite to se ;,end work on the Projec1 until such time as replacement, are approved. All notices sent under this suh=·,cn shall ht-sent in accordance with §18 of the Gnlllt 4. PAYMENT: 4.1 . Payment Schcdul<. Grantee shall submit requests for rcimbummcnt using the Department provided form at least quanerly. Two original signed copies of the reimburiement requests are due on the same date! ns the req uired financiul rcporu;. All requests sha ll be for eligible actual expenses incum,d by Pogo I of 4-Exh1bll 8 -Slntemenl or Project Grantee . as de sc rib ed in dcta1 l 111 §I ah ove. Reque sts will be hcco mpan,ed b) supportmg documentation 1mal,np 01 leas t the nrn ount reque sted for reimbursement and an y required non-federal match contribuuon . Doc um entn11on requirements are described ,n 15,2 below . If any financial or progres s rep c,n s arc dclinquen, at the time of a payment request . the Department may withhold such reimbursement until the required reports have been subrniued . Up 10 one quarter of tl1e total grant will be reimbursed with each quarterly paymen1. No more than SO% of the reported cxpens,•s will be reimbursed at an)' time . If one quaner' s reported expenses do not warrant reimbursement of a full quarter's payment, any remaining funds from tl,at quarter will be available for subsequent quarters so that additional expenses incurred in the later quarter s may be reimbursed . Likewise , if excess expenses for one quarte r are reported, those unreimburscd expenses will be added 10 the following quarters ' expenses as necessary 10 maximize each quarter's reimbursen:ent. If the total reimhursable expenses reported for the year's grant exceed the amount of the award, the excess expenses may be eligible for consideration for any reallocation additions made at the end of the federal grant period. If any smnt end reallocation funding is available, eligibility for these fu nds will require time ly repon submmal , and strong performance demonstrated through the quarterly progress reports and through ongoing contact/rnoniLOring . 4.2. Payment AmounL When non-federal match is requi,ed, such match must be documented witil e1·ery pay ment request. Excess match documented Md submiued with one reimbursement request will be app lied 10 subsequent requesLS as necessary to maximize the allowable reimbursemenl. 4.3. Remittance Address . If moiled, payments shall be remined ,,, the following address unless changed in accordance with §18 of the Grant: City of Englewood Emergency Management 361S S. Elati En ewood . CO 80 I 10 5. ADMINISTRATIVE REQ JREME 'TS: 5.1. Reporting. 5.1 .1. Quarter!)' Financial Status and Progress Repon s. The prf!iect(s) approved in thi s Grant are 10 be completed on or before the termination da te stated in §5(A ) of the Grant Agreement. Grantee shall submit quancrly financial status and programmatic progress reµorts for each project identified in this agreement using the foIT!l s provided by the Department. Two copies with original signatures shall be submi11ed in accordance with the schedule below : 5.1.2. Final Repons. Grantee shall submit a final financiul status and progress report that provides final financial reconciliution and a final cumulative grant/project accomplishments repon within 45 days of the end of the project/grant period. o obligations of funds can remain on tlie f,nal report . The final repons may substitute for tlie quanerly reports for the final quarter of the grant period . If all projects are compl eted beforo the end of the grani period, the final report may be submiued nt any time before its fi nal due date. No funhr.r reports will be due after the Department has received. end sent notice of acceptance of the fmal grant report. Page 2 of 4-Exhibit 8 -StnJement of Project 5.2. Required Documentation . Suffi ci cn, de1ail shall be pro vided wit h rcimbur semem re que sts 10 demon strate 1ha1 expense s are all owab le an d app rop riate as detail ed ,n the sub sections below herein . Gra nte es mu st ret ain all proc urement and pay mem doc umentation on si te for inspectio n. Thi s shall inci 11d e. but not be limited to. purcha se orders . receiving doc um e nt s, invoi ces. vouchers. equ ipm ent/servi ces id entifi cation, and timt and effon repons . 5.~.1-Equipm ent or tangible goods . Requ ests for reimbursement for tangible personal property with a purchas e pri ce of less th an $5,00J per item should in clud e the inv oice number . description of hem purchased (e.g. mdi os }. and the location and number of items . For equipment items with a pu rc ha se pri ce of or «ceedin g $5,000, and a useful life of more th,n one year. the Grantee must pro vide a copy of the in•·,ice ana include a unique identifying 1,umber . Thi s number can be the manufacturer 's serial number or. if the Gr-.intee has its own existing inventory numbering system. lha l number may be used . The locat ion of the equ ipment must also be provided . 1n addition 10 ongoi ng tracking requirements, Grantee shall ensure that tangible goods with per item co st of $500 or more and equipment with per un it cosl of $5,000 or more are prominently marked as follows : "Purchased with funds providt d by tht FEMA ." 5.2.2. Services. Grantees shall include contract/purchase order number(s) 01 employee name s. the date(s ) the services were provided and the nature of the services. 5.3. Procurement. Grantee shall ensure it s procurement policies meet or exceed local , suue. and federal requirements .. Grantee should refer 10 local, state, and federal guidance prior 10 making decisions 1egarding competitive bids. sole source or Other procurement issues. 1n addition: 5.3.!. Sol• Source. Any sole source transaction in exces s of $100,000 must be approved in advance by the Depanmenl. 5.3.2. Conduct . Grantees shall ensure that: (a) All procurement transaction s, whether negotia ted or compelitively hid and without regard to dollar value, are conducted in a manner that provides maximum open and free competition : (h) Grantee must be alen 10 organiz.ntional connicts of interest and/or non -competitive practices among contractors that may reslrict or eliminate compeution or otherwi se restrain trade : (c) Contractors who develop or draft specifications . requirements . statement s of work , and/or Requests for Proposals (RFPs) fo r a proposed procurement must be excluded from biddin g or submi11ing a proposal to compete for the award of su ch procurement : and (d) Any req uesl for «emption of item a-c within thi s subsection must be submiued in wr iting to. and be approved by lhe authorired Grantee official . 5.3.3. Debarment. Grantee shall verify that the Contractor is not debarred from participation in state an d federal programs . Sub-grant ees should review contractor debarment infonnation on ht tp ·//www .e pls .ggv. 5.3.4. Funding Disclosure . When issuing requests for proposals , bid solicitations , and other published doc uments describing projects or programs funded in who le or in part with these grant funds, Gcantee and Subgr-.intees shall : (a ) state the percentage of the tota l cost of the program or proj ect which will be financed with grant money : (b) state the dollar amount of state or federal funds for the proj ect or program : and (c) use the phrase "This project wa.r supported hy grant#~ issued by th e Cnlorado Division of em ergen cy Mana gement." 5.3.5. Approved Purchases . Gmntee shall veri fy that all purchases are listed in §1.l above . Equipment pu rchases. if any, shall be for items listed in the Approved Equipment List (A.E..L) for the grant pe riod on the Responder Knowledge Base (RKB}, at h11p:/l\\•ww.rkb.mip1 .org . 5.3.11. Assignment of Rights/Duties/Equipment. Grantee shall ensure that no rights or du ties exercised under thi s Grant, or equ ipment purchased with Grant Funds having a purchase v11Jue of $5,000 or more are assigned without the prior written con sent of the Depanmenl. 5.3 .7. Grantee shal l ensure that all fund s are needed to suppleme nt and not 10 supplant the Grantee's own funds . 5.4. Review and Monitoring. The Department shall evaluate the Project(s) through th e review of Grantee su bm in ed fi nancial and progres s report s. Th e Depanment may also conduct on-site mon itoring 10 Pngc 3 of 4-Exhibi t B -S1 01em<nl of ProJect dctcnmnc whether 1hr Grruitec ri meeuni:Jmct thr porformancr ro,11. oJmrnistrnll'< ,tundards. financial man,gemcnt and Olher roqurrcmcnti of thi> Grant 5.5. Additional Administroth • Requirements. NONF 6. rRO.I ECT BUDGET: Category Fcdc,·al Non-F,dr,·al Rcquw Ma leh Required for Requtsttd Amoiuu Personnel 34,458 34.458 , Travel 3,450 3,450 Office Support/Other 12,650 12.6S0 Total Reg'uested /Tollll r ... lffl.,Jloiancltd toNr.affll.SI OO\ sso 550 SS0.550 Actual 2009 Award Amo unt . 2~}federal Share · ' • Reqplt$~ ~un-~ederal !'fa!~h Total Pro. eel . :''•. ' Remainin!! 2008 A ward Funds• 2008 Federal Shm RCllllinlng A ,·!!ll1b!r for Reimbursement During lhe FFY 09 Grunt Period.• Tota l Federa l Funds Availuble Dorin!! FFY 2009 Gra nt Period Rt!qut.ttcd Tmal Proj~c, 68316 6,900 25.300 SIOl.100 $26,200 ~~.?~ $52,400 524.000 $50 .200 •For Information purposes only. Not part or this 2009 award. Any ranaining balance is from lhe 2008 awu11 and mnalns part or lhat gnuu and ls reimbursable during lh• 2009 award period btca use of the ovcrloppln; ptrformance terms. If oil four quanm' reimbursements for the 2008 award have beer, submiued and ptud, the 2008 Federal Sbnn: Rcmainrng shown above is n1·nil!lble for reimbursrme m dunng the first three qua ners of the 2009 Federal Fiscnl Year (FFY). Remainrns 2008 funds will be r Jid for the 2009 first. second and third gunner rcimbur,;emem requests as necessary to utilize Lhc full :n..18 award. Payments "111 be identified as fifth. sixth ruid seventh gunner 2008 payments llli appropnntc on lhc rcimburscmcnt1, nnd the required SO'i non-fcdeTII match will ~ coomed toward the 200S grant to properly mateh Ore reimbursed amounts. If an) 2008 frnt•fOIU1~ quarter rc,mburscmcnts hive n:,i yet b<en submmed or paid, the 2008 amount remarnin& availllblc wrll be redllCed by any payments made when submitted and approvtd, If the 2008 Federal Shnrc Remnining Avarlable amc,mt shown rs SO. the full 2001! nwnrd nmoun1 ha, been rc1111bursed, and hus no e1fect on the fund, available durmg FFY 2009. Project Uudget Line Item AdJUSlmcnts: Any changes to this budgr~ if authorized in §S(n)(li) or this Grant Agrc<1nen1. must be submitted to the Depanmcnt pO!l< to the next rermbwsemenl request so the Dcpanmcn1 c:an properly monitor grant expenditures 111d ensure rcunburscmcnts fall wrthrn the budge._-d aroounlL Any change rn the scope of a proicct, including the purchase of equipment not shown rn this Exlb~lt B, or any change equol to or greater than 1(1 % (cumulative) IC the budget shown in this Exhibit B, requires a fonnal amendment to tl1is Grant. Page• of•-Exhib11 8 -Smtemenr of PrOJW • • COUNCIL COMMUN ICATION Date; Agenda Item: Subject : \IJ\ 4 !OO<l 11 av Proposed Bill For An Ordinance Au1horwng The Issuance m Bond\ For Various Waler Fund Capital Projects Initiated By: Staff Source: Finance & AdminlSlrat" ~ Sen ices Dept. Frank Gryglew ,c z Oirec1or COUNCIL GOAL AND PREVIOUS COUNCI L ACTION City Council approved Ordinance 59, Serles of W04 011 November 5, 2004. The C111 Issued S).075,000 ,n general obligation bonds in 2004 The City Counci l approve d Resolution Number 3, Senes 01 2009 on lanuae, 20, 2009 au1honzlng 1he (11\ 10 rtirnburse itself \\ilh proceeds of a future borrowing for capi tal outlays incurred b\' the U11l1li~ Department. RECOMMENDED ACTION Staff recommends Council app1ove the attached bill for an ordinance authorizing the issuance 01 no more than $3,055,000 in general obligalion bonds 1or various Water Fund capil?I projects . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Cit)· 01 Endewood ChanH requires a ma1orit) affirmatwe , ote of the reg,S1ered Plectors to issue general obligation deul \ 'srtkl~ X, Pan Ill, Secti on 104). The Cit) recel\ed citizen approvJI to isstlf' \15.100.000 of 11enerJl o bligation bonds for the purchase or constructi on of Water System 1moro,ements and equipment at the gt>neral eleclt "'held NO\ember 4, 1997. The Cm oni\ used a rortio11 I S3.075,000) oi th" au 1h orlzallon m 2004 becaose other les, e,pensi, t' runds "Pre a1 ailal.le thr0ur,h the Colorado Resources and PO\\'er De, elopment Aulhonl\ Th e bonds 1>sued ",II take ad\ Jnlage oi ba ,k qualified' pro,,.ions in lhe Federal ta, code. These bonds are "8e,wra l ohliga~on" b0nc', which a re bJrked by 1h e "iull faith and c1ed 1t" of ihe Coty of Engle,,ood but ,t ,s expected tliat ·>11< 1e1·"t.11es 11enera1..d b1 the Water Utlht) "ill be needed 10 repa\ the p11nc•pal and ,nten:m pa1menls. FINANCIAL IMPACT Tl111 action should no1 have a dl•ec t im1,act on 1he City's (Gen, ~nd) financial condition, as deb1 seMce on lhts issue'"" be paid b\ a1a1lable ,esources a1ailable te> the Water Fund. A separate levy could (but ,s not contemplatedl be assessed to proper!\ O\\'ners n Water Fu~d re, enues were • ln~dequa1e to cover required d~bt servl c~. LI ST Of ATTACHMENTS Proposed Bill for an Ordinance ORDINANCE NO._ SERIES OF 2009 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 20 rNTRODUCED BY COUNCIL MEr.IBER ____ _ AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF' GENERAL OBLIGATION BONDS, SERIES 2009, TO FINANCE THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER SYSTEM AND AUTHORIZIN G THE LEVY OF PROPERTY TAXES. IF NECESSARY , TO PAY SUCH BONDS; PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS IN CONNEC'1'ION THEREWITH; AND APPROVING DOCUMENTS RELATING TU THE BONDS. W ITNES SETH: WHEREAS, the City of Englewood, Colorado is a municipal corporation dulv organized and operating as a home rule city under Article XX of the Constitut 3f • the State of Colorado and the Cha.rtar of the City (unlesa otherwise indicated, • capitalized terms used in this preamble shall have the meanings set forth in Section l of this Ordinance): and WHEREAS, pursuant to Section 104 of the Charter, the City is authorized to issue general obligation bonda for any public capital purpose, subject to obtaining voter approval of a ballot question authorizing such bonda; and WHEREAS, at an election on November 4, 1997, the following ballot question (the "Ballot Question") was approved by a majority of the eligible electors of the City voting on the Ballot Question: SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $15,100,000.00 WITH A REPAYMENT COST OF $25,300,000 AND SHALL THE CITY OF ENGLEWOOD'S TAXES BE INCREASBD Sl,300,000 ANNUALLY FOR THE PAYMENT OF SUCH DEBT, ALL FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER &'YSTEM AND THE PURCHASE OF WATER PROCESSING EQUIPMENT INCLUDING ALL NECESSARY AND APPURTENANT FACILITlES, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS PAYABLE FROM SUCH CITY FEES. TAXES OR OTHER REVENUES AS THE CITY COUNC'TL MAY DETERMINE, WHICH BONDS SHALL BE SUBJECT TO REDEMPTION , WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH MAXJMUM INTEREST RA'l'E, DATED AND SOLD AT SUCH TIME OR TIMES AT SUCH PRICES (AT, ABOVE, OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS NOT INCONSISTENT HEREWITH, AS THE CITY COUNCI L MAY • 1 • • • DETERMfNE, WHICH AUTHORIZATION SHALL INCLUDE AUTHORIZATION TO REFUND SUCH BONDS WlTHOUT ADDITIONAL VOTER APPROVAL: AND IN CONNECTION THEREWITH IF DETERMINED BY THE CITY COUNCIL (I) SHALL THE CITY'S AD VALOREM PROPERTY TAXES BE INCREASED fN ANY YEAR IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS WHEN DUE, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION, AND (IIJ SHALL THE REVENUES FROM SUCH TAXES AND ANY EARNINGS THEREON AND FROM THE INVESTMENT OF T HE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE?: and WHEREAS, the Council previollllly issued its General Obligation Water Bonds, Series 2004 in the amount of $3,056,000 pursuant to such voter authorization and has determined that it is in t.he best interests of the City and its residents to issue additional general obligation bonds at this lime for th.e purpom! of financing t.he construction of improvements to t.he Ci tis water system; and WHEREAS, 011 the date of issuance of the Series 2009 Bonds, the amount of bond.cd indebtedness will not exreed 3% of the latest actual valuai:ion for assessment of the City; and WHEREAS, the issuance of general obligation bonds by the City secured from a plet.ge to levy pr operty taxes, if necessary, re•.Jts in the lowest borrowing cost to the City, such obligation can be repaid from other legally available moneys of the City and the Council intends to use revenues from the operation of the City's water system to repay the Bonds: and WHERE.~. the City has been presented with a proposed form of agreement from Stifel, Nicolau.a & Company, Incorporated, of Denver, Colorado, for the purchase of the Bonds upon specified terms and conditions and, after consideration, the Council has determined that the negotiated sale of the Bonds to said firm ie to the best advantage of the City; and WHEREAS, the Council desires to authoriie the issuance and sale of the Bonds and, as provided in Title 11, Arti.cle 57, Pnrt 2, Colorado Revised Statutes, delegate authority to the Sale Delegate to make certain determinations regarding the Bonds to be eet forth in the Sale Certificate in accordance ".;th the pro,-isions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL JF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sertion I . Definitio n •. The following terms shall have the following meanings u used in t.hit Ordinance: "Act" means Part 2 of Article 57 of Title 11, Colorado Revised Statutes, or any successor statutes thereto. 2 "Ballot Question " means the ballot question approved by City voters quoted and • defined as such in the preambles hereto . "Bond Account'" means the acco unt established by the provisions hereof to acco unt for the moneys for which a separate tax levy is made. or legally available moneys are applied, to satisf:y the obligations of the Bonds . The Bond Account shall be a sub sidiary account of the appropriate fund or account of the City and separately accounted for by the City io accordance with the provisions hereof. "Bond Counsel" means (a ) as oftbe date of issuance of the Bonds , Kutak Rock LLP . and (b) as of any other date, Kutak Rock LLP or such other attorneys selected by the City with nationall y recognized e:q>ertise in the issuance of municipal bonds . "Bond In surance Policy" means the municipal bond insurance policy issued by the Bond Insurer, if any, insuring the payment when due of the principal of and interest on the Bonds as provided therein. "Bond Insurer" means entity, if any, designated io the Sale Certificate which is to issue the Bond Insurance Policy. "Bond Obligation" means, as of any date , the principal amount of the Bonds Outstanding as of s uch date . "Bond Purchase Agreement" means the Bond Purchase Agreement, pursuant to • which the City is to agree to sell and the Underwriter is to agree to purchase the Bonds at the prices and oo the terms set forth therein . "Bonds" aod "Series 2009 Bonds" means the Bonds authorized by the Section hereof titled "Authorization and Purpose of Bonds." "Business Day" means any day other than (a ) a Saturday or Sunday or (b) a day on which banking institutions in the State are authorized or obligated by law or executive order to be closed for busine ss . "Charter" means the home rule Charter of the City . "City" means the City of Englewood , Colorado, and any succes sor thereto . "Code" means the Internal Revenue Code of 1986 , as amended. Each reference to a section of the Co-1° herein shall be deemed to include the United States Treasury Regulations propu.,1 d or in effect thereunder and applicable to the Bonds or the use of proceeds thereof, unless the context cleady requires otherwise. "Commitment " means that certain offer , if any, to issue the Bond Insurance Policy issued by the Bond Insurer. "Council " means the City Council of the City. 3 • • • • ·County• means Arapahoe County, Colorado. •Doled Dau• means the original dated date for the Bonds u es1.ablished in the Sale Certificate. "Defcasance Securities" means bills, certificates of indebtedness, notes, bonds or similar securities which are direct, non callable obligations of the United States of America or which are fully and unconditionally guaranteed as to the timely payment of principal and intereal by the United States of America, to the extent such investments are Permitted Investment.I. "DTC" means The Depository Trust Company, New York, New York, and it.I successors in interest and assigns. •DTC Blanket Letter of Rl!presentatioru" means the letter of representations from the City to DTC to induce DTC to act, as securities depository for the Bonds. "Euant of Default" means any of the event.I apecified in the Section hereof titled "Events of Default." "lnurest Poyrrumt Dote" means the dates eatablished in the Sale Certificate for the payment of interest on the Bonds . "0/frcioJ Staumcnt• means the final Official Statement relating to the Bonda. "Ordinance" means this Ordinance, including any amendments or supplements hereto. "Outstanding" means, as of any date, ,ill Bonda issued and d elivered by the City, except the following: (a) any Bond cancelled by the City or the Paying Agent, or otherwise on the City's behalf, at or before such date; (bl any Bond held by or on behalf of the City; Cc) any Bond for the payment or the redemption of which moneys or Defeasance Securities sufficient to meet all of the payment requirements of th.e principal of, premium, if any, and interest on such Bond to the date of maturity or prior redemption thereof, shall have theretofore been deposited in truet for s uch purpose in accordance with the Section heraoftitled "Defeasance"; and (d ) any lost, apparently destroyed, or wrongfully taken Bond in lieu of or in subetitution for which another bond or other eecurity ehall have been executed and delivered . ·owner· meons the Person or Persons in whose name or names o Bond is registered on the registration books maint.ained by the Paying Agent pursuant heret.o. • "Paying Agent" means UMB Bank, n .a., in Denver. Colorado, and its successors in interest or assigns approved b)• the City. "Paying Agent Agreemen1' means an agreement between the City and the Paying Agent concerning the duties and obligotiona of the Paying Agent with respect to the Bonds. "Permitted Jn11cstments· means any investment in which funds oflhe City may be invested under the Charter and the laws of the State at the time ~f such investment. "Person• means a corporation. firm, other body corporate, partnership, association or individual and also includes an executor, administrator, truetee, receiver or other representative appointed according to law. "Preliminary Official Statement" means the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. "Prineipa/ Pa.,•mcnt Date" means the date or dates established in the Sale Certificate for the payment of the principal of the Bo.ads. "Project" means any purpose for which proceeds of the Bonds may be expended • under the Act and the Ballot Question, including. but not limited to, the payment of costs of issuance of the Bonds. "Project Account" means the account established by the provisions hereof for the purpose of paying the costs properly attributable to the Pr~ject, The Project Account shall be a subsidiary account of the appropriate fund or account of the City, and separately accounted for by the City in accordance with the provisions hereof. "Record Date· means, if the Interest Payment Date is on the first day of the month, the fifleenth day of the month immediately preceding the month (whether or not such day is a Business Day) in which such Interest Payment Date occurs and, if the Interest Payment Date is on the fifteenth day of the month, the first day of the month (whether or not auch day is a Business Day) in which such lnterosL Payment Date occurs, "Sa/,e Certificate• means the certificate executed by the Sale Delegate under the authority delegated pursuant to t.bi1 Ordinance, including but not limited to the Sectiorui hereof titled "Bond Details," "Redemption of Bondi Prior to Maturity, "Approval of Related Documents" and "Bond Insurance Determination" which set forth, among other things, the rate of interest on the Bonds, the conmtiona on which and the prices at which the Bonds may be redeemed before maturity, the price at which the Bonda will be sold, the Dated Date, the amount of principal maturing in any particular )•enr, the dates on which principal and interest will be paid, whether or • 5 • • • not the Bonds will be secured by the Bond insurance Policy and the t.e,ms of any agreement with the Bond Insurer if a Commitment is accepted regarding the Bonds . "Sale Delegate" means the Director of Finance and Administrative Services of the City or, in the event s uch person is unavailable, the City Manage r . "State" means the State of Colorado. "Tar Letter of Instructions" means the Tax Letter of Instructions, dated the date on which the Bonds are originally issued and delivered to the City by Bond Counsel , as such ins~ructions may be superseded or amended in accordance with their terms. "Underw riter " means Stifel, Nicolaus & Company, Incorporated , of Denver, Colorado . Section 2. Authorization and Purpose of Bonds. Pursuant to and in accordance with the Act , the Charter and the Ballot Question , the City hereby authorizes , and directs that there shall be issued, the "City of Englewood , Colorado, General Obligation Bonds, Series 2009," in the aggregate original principal amount not to exceed $3,000,000 for the purpose of providing fund s for the Project. Section 3. Bond Details . (a) Registered Form, Denominations, Dated Date and Numbering . The Bond s shall be issued in full y registered form, shall be dated as of the Dated Date, and shall be register ed in the names of the Persons identified in the registration books maintained by the Paying Agent pursuant h ereto. The Bonds shall be issued in denominations of $5 ,000 in principal amount or any integral multiple thereof. The Bond s shall be co nsecutively numbered, beginning with the number one, preceded by the letter "R." (b) Maturity Dates, Principal Amounts and Intereat Rates . The Bonds shall mature on the Principal Payme:,t Date of the years and in the principal amounts, and shall bear interest at the rates per annum (calc ul ated based on a 360-day year of twelve 30-day months ) set forth in the Sale Certificate . The Council hereby delegates to the Sale Delegate the authority to determine the aggregate princi pal of the Bonds, the Dated Date, the Interest Payment Date, the Principal Payment Date, the price at which the Bonds will be sold , the principal am.ount of Bonds maturing in any particular year and the rate of interest on the Bonds . (c} Accrual and Dates of Payment of Intere,t. Inter est on the Bond s shall accrue at the rates set forth in the Sale Certificate from the later of the Dated Date or the latest Interest Payment Date (or 6 in the case of defaulted inU!rest, the laU!sl dale) t.o which interest • bas been paid in full and shall be payable on each Interest Payment Date. (d) Manner a nd Form of Payment. Principal of each Bond shall be payable to the Owner thereof upon presentation and SWTender of auch Bond at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof titled "Definitions• or al such other office of the Paying Agent designated by the Paying Agent for s uch purpose. Interest on each Bond shall be payable by check or draft of the Paying Agent mailed on each Interest Payment Date to the Owner thereof aa of the close of business on the corresponding Record Date; provided that interest payable to any Owner may be paid by any other means agreed to by such Owner and the Paying Agen t that does not requir e the Ci ty to make moneys available to the Paying Agent earlier than otherwise required hereunde.r or increaae the co~ta borne by the City hereunder. All paymenta of the principal of and intereat on the Bonda shall be made in lawful money of the United States of America. (c) Boolt-Entry Regi•tra.tion . Notwithstanding any other provision hereof, the Bonda ehall be delivered only in ~k entry form registered in the name of Cede & Co., as nominee of OTC, • acting as securities depository of the Bonda and principal of and interest on the Bon da shall be paid by wire tr ansfer to DTC; provided, however, if at any time the Paying Agent dete.nnines, and notifies the City of its determination, that DTC is no longer able to act as, or is no longer satiafactorily performing its duties as, securities depository for the Bonds, the Paying Agent may, at its discretion, either (i) designate a substitute securities depository for DTC and reregialer the Bonds as directed by such substitute securities depository; or (ii) terminate the book entry registration system and reregister the Bonda in the names of the beneficial owners ther eof provided to it by DTC. Neither the City nor th.e Paying Agent shall h ave any liability to DTC, Cede & Co., any substitute securities depository, any Person in whose name the Bonda are reregiatered at the direction of any substitute securities depository, any beneficial owner of the Bonda or any other Person for (A) any determination made by th.e Paying Agent pursuant to the proviso at the end of the immediately preceding senten.ce or (B) any action taken to implement such determination and the procedures related thereto that is taken pursuant to any direction of or in reliance on any information provided by DTC, Cede & Co., any substitute securities depository or any Person in whose name the Bonds are reregistered. • 7 • • • Section 4. Redemption of Bonds Prior to Maturity . (a) Optional Redemption . The Bonds shall be subject to redemption at the option of the City , in whole or in part, and if in part in such order of maturities as the City shall determine and by lot within a maturity on su ch date s as set forth in the Sale Certificate . The Council hereby delegates to the Sale Delegate the authority to determine the dates on which the Bonds shall be subject to optional redemption and the redemption price or prices at which such redemption may be made . (b) Mandatory Sinking Fund Redemption. All or any principal amount of the Bonds may be subject to mandatory sinking fund redemption by lot on the Principal Payment Date of the years and in the principal amounts specified in the Sale Certificate, at a redemption price equal to the principal amount thereof (with no redemption premium ), plus accrued interest to the redemption date . The Council hereby delegates to the Sale Delegate the authority to determine the principal amount s and dates on which the Bonds shall be subject to mandatory sinking fund redemption. (c) Redemption Procedure,. Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the City by sending a copy of such notice by first class, postage prepaid mail , not more than 60 days nor less than 30 days prior to the redemption date, to the Owner of each Bond being redeemed . Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date. lf any Bond shall have been duly called for redemption and if, on or before the redemption date, there shall have been deposited with the Paying Agent in accordance with this Ordinance fund s sufficient to pay the redemption price of such Bond on the redemption date, then such Bond shall become due and payable at such redemption date, and from and after such date interest will cease to accrue thereon . Failure to deliver any red em ption notice or any defect in any r edemption notice shall no t affect the validity of the proceeding for the redemption of Bond s with respect to which s uch failure or defect did not occur . Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reis sued and shall be cruicellc,!. Section S. Security for the Bonds. (a) General Obligations . Th e Bond s shall be general obligations of the City and the full faith and credit of the City are pledged for the punctual paym ent of the principal of and interest on the Be: .ds. The Bonde shall not constitute a debt or indebtedness of the Cou1ty, 8 the State or any political subdMsion of the State other t.han the • City. (b) Leuy of Ad Valorem To.xe,. For •he purpose of paying t.he principal of and interest on the Bonds when d ue, r espectively, the Council shall annually determine e.nd certify to the Board of County Commissioner s of the County, a rate of levy for gener al ad valor em t.axes. without limitation aa to rate or amount, on all of the taxable property in the City. sufficient to pay the principal of e.nd interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption. (c) Application of ProceedJ of Ad Valorem To.xe.. The gener al ad valorem taxes levied pursuant to subsection (b) of this Section, wben collected, ahall be depoaited in tbe Bond Account and shall be applied solely to the payment of the principal of and interest on the Bonds and for no other purpose until the Bonds, including principal e.nd interest, are fully paid, satisfied and dischlll'ged. 'd) Appropriation and Budgeting of Proceed, of Ad Valorem Ta.re•. Moneys received from the ge neral a d valor em taxes levied purs wmt to s u bsection (bl of this Section in an amo11Dt ellfficie nt to pay the principal of and interest on the Bonds when due, r es pectively, are hareby appropriated for that purpose, and all • amounts required to pay the principal of and interest on tbe Bonda due, respectively, in each year shall be included in tbe annual budget and appropriation ordinance to be adopted and paued by the Council for such year. (e) U,e or Advance of Other Legally A vailable Mon ey,. Not.bing herein shall be interpreted to prohibit or limit the ability of the City to use legally available moneys from the operation of its water system to pay all or any portion of the principal of or interest on the Bonda. If ooid to the extent s uch other legally available moneys are used to pay the principal of or interest on the Bonds, the City may, but shall not be required to, (i) reduce the amount of taxes levied for such purpose pW'8uant to subsection (b) of this Section or (ii) use proceeds of taxes levied pursuant to subsection (b) of this Section to reimburs,e the fund or account from which such other legally available mon eys are withdrawn for the amount withdrawn from such fund or account to pay the principal of or inter est on the Bonda. If the City aelecta alternative (ii) in the immediately preceding aentenca, th~ taxes levied pursuant to aubeection (b) of this Section shall include amounts sufficient to fund the r eimbursement. (f) Certifi.cation to County Commis,ioner,. It is hereby • declared lhnt, if the City does not otherwise determine nnd certify to 9 • • • (g) lbe Board of County Commissioners of the County a rate of le,-:,• for general od ,·alorem property twee& as required by subaection ! b I of this Section, the foregoing provisions of this Section shall constitute a certificate from the Council to the Board of County Commisoioner• of the County showing the aggregate amount of ad valorem taxes to be levied by the Board of County CommissioDers of the County from time lo time, as required by law, for the purpose of paying the principal of and interest OD the Bonds when due. Deposit of M o,uiys to P ay Bon~ with, and Payment of Bond, by Pa.ving Agent. No later than three Business Days imm.ediately preceding each date on which a payment of principal of or interest OD the Bon ds i£ due, the City, from moneys in the Bond Account, shall deposit moneys with the Paying Agent in an amount sufficien t to pay the principal of and interest on the Bon ds due on such date. The Pay:ing Agent shall use the moneys so deposited \\;th it t.o pay the principal of and interest on the Bonds when due. Section 6. F o rm of Bonds. The Bonds shall be in substantially the form set fo r th in Appe ndix A her eto with su ch changes t hereto, not inconsisumt her ewith, as m ay be necessary or desir a ble and approved by the officials of the City execu ting the same (whose manual o r facsimile 81ignatures thereon shall constitute conclusive evidence of such approval). All covenants, statements, r epresen tations and agreements contained in the Bondi are hereby approved and adopted as the covenan ts, statements, representations and agreemen ts of the City. Although attached as a ppendices for the cc,nvenience of the render, Appen dix A is an integrnl part of this Ordinance and are incorporated herein as if set forth in full in the body of this Ordinance. Section 7. E1tecu tion o f Bonds. The Bonde shall be executed in the name and on beh a lf of the City with t he manual or facsimi le signatu re of the Mayor, s hall bear n manual or facsimile of the seal of the City and shall be attested by the manual or facsimile signature of the City Cler k of the Council, all of whom are hereby authorized and directed to prepare and execute the Bonds m accordance with the requirements hereof. Should any officer whose manual or facsimile signature appears on tbe Bonds ceo.se to be such officer before delivery of any Bond, such manual or facsimile signature shall nevertheless be valid 11.nd sufficient for all purposes. When the Bon de have been duly executed. the officers of the City are authorized ID, and shall, deliver the Bonds to the Paying Agent for authentication. No Bond shall be secund by or tit loo to the benefit of this Ordinance, or shall be valid or obligatory for any purpose, unless the certificate of authentication of t he Paying Agent has been manually executed by an a u th orized signatory of t h e Paying AgenL The executed certificate of authentication of the Paying Agent upon any Bond she.JI be conclusive evidence, and the only competent evidence, that such Bond has been properly authenticated and delivered hereunder. Section 8. Regis tration of Bonds in Registration B ooks Main tai ned b y Paying Agent. The Po)'Ulg Agent shall maintain regiotration books in which the 10 ownership, t rans fer and exchange of Bonds shall be record ed. The person in whose name any Bond shall be registered on such registration book s hall be deemed w be the absolute own er thereof for all purposes, whether or not payment on any Bond shall be overdue, and neither the City nor the Paying Agent shall be affected by any not ice or other information to the contrary. Sec tion 9. Transfe r and Exc hange o f Bonds. The Bonda may be transferred or exchanged at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof titled "Definitions" or at s uch other office of the Paying Agent designated by the Paying Agent for such purpose for a like aggregate principal amount of Bonda of other authorized de nominations of the same maturity and interest rate, upon payment by the transferee of a reasonable transfer fee established by the Paying Agent, wgether ";th any tax or governmental charge required to be paH with respect to s uch transfer or exchange and any cost of printing bonds in connection there,.~th. Upon surrender for t ransfer of any Bond, duly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the tran8feree a new Bond. Notwithstanding any other provision hereof, the Paying Agen t shall n ot be required to transfer any Bond (i) which i& scheduled to be redeemed in whole or in part between th.e Business Day immediately preceding the mailing of the notice of redemption and the r edemption date or (ii) between the Record Date for any Interest Payment Date and such Interest Payment Date. Section 10. Repl a c ement of Lost, Destroyed or Stolen Bonds. If any Bond shall becomP lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and tenor of the lost, destroyed, stolen or taken Bond and the City s hall execute and the Paying Age nt shall authenticate and deliver a replacement Bond upon the (),;,.'Iler furnishing. to the satisfaction of the Paying Agent: (a) proof of ownership (which shall be shown by the registration books of the Paying Agent), (b) proof of loss, destruction or tbel\, (c) an indemnity to the City and the Paying Agen t with respect t.o the Bond lost, destroyed or taken, ancl •d l paym.ent of the cost of preparing and e xecuting the new Bond. Section 11. Cr e ation of A ccounts; Initial Credits t o Accounts . (a) Cre ation a f .4ccount,. There iE hereby establish ed the Bond Acco unt and the Project Account. The foregoing accounts shall be maintained by the City in accordance with the provisions of this Ordinance. (b) Initial Cr edits t o A ccount,. Upon payment to the City of the purchase price of the Bonds in accordance with the Bond Purchase Agreem .~nt, the Bonds a hall be d elivered to, or as directed by, the Unde rwriter and the proceeds received by the City from the sale of • • the Bonds shall be applied as a s upplemental appropriation by the • City, as follows : 11 • • • (i) to the Bond Account, the accrued interest on the Bonds fr om the dated date thereof to the date of issuance, if any; and (ii) to the Project Account., the remaining proceeds of the Bonds. Section I 2. Investm ents. Proceeds of the Bonds delivered to the City pursuant to the Section h ereof titled "Creati.on of Accounts; Initial Credits to Accounts," moneys on deposit in the Bond Account and any money, held by the Paying Agent with respect to the Bonds shall be invested in Permitted Investmen ts, provided that the investment of 1uch moneys shall be subject to any applicable restrictions set forth in the Tu Letter of lnatructions and in the "Tu Compliance Certificate" or similar certificate delivered by the Cit y in connection with the issuance of the Bonds that describes the City's expectations r egarding the use and investment of pr oceeds of the Bonds and other moneys and the use of the Project. Sectjo n 13. Various Findings, Determinations, D ecl a rations and Cove nants. 1be CoUDcil, havin3 been fully informed of and having considered all the pertinent facts and circumstance■, hereby finds, determines, declares and covenants with the Owners of the Bonds that: (a) voter approval of the Ballot Question wu obtained in accordance with all applicable provisions of law; (b) it is in the best interest of the City and its residents that the Bonds be authorized, eold, issued and delivere<! at the time, in the manner and for the purposes provid.ed in this Ordinance; (c) the issuance of tbe Bonds will not cause th~ City to exceed its debt limit under applicable State law; (d) the OTC Blanket Letter of Representations entered into with OTC will govern the book entry registration system for the Bonda; and (e) the iesuance of the Bonds and all proceduroe undertaken incident thereto are in full compliance and conformity with all applicable requireme n~, pro,~aions and limitations prescribed by the Charter, the Constitution and laws of the Slate, inclu ding the Act and the Ballot Question, and all conditions and limitations of the Charter, the Act, the Ballot Question and other applicable law relating to the issuance of the Bonds have been satisfied. Sec tion 14, F e d e r al Income Tax Covenants. F or purposes of ensuring that the interest on the Bonds is and remains excluded from groH income for federal income tu purpoaes, the City her eby covenants that: (a) Pt'Oh ibited A ct ions. The City wil l not use or permit the use of any proceeds of the Bonds or any othe r funds of the City from 12 whatever 10urce derived. directly or indirectly, IO acquire any • securities or obligations and shall not take or pt,nnit IO be taken any other action or actions, which would cause any Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code, or would otherwise cause the interest on any Bond to be includible in gross income for federal income tax purposes. (b) Affirmative Aation•. The Cit y will at all times do and perform all acts permitted by law that are neceaaary in order to assure that interest paid by the City on the Bond, shall not be includible in gross income for federal income tax purposes under the Code or any other valid pro,-ision of law. In particular, but without limitation, the City represents, warrants and covenants to comply "'1th the following rules unless it r eceives an opinion of Bond Counsel stating that such compliance is not nece11ary: (i) gross proceeds of the Bonda and the Project will not be used in a manner that will cause the Bonda to be considered 'private activity bonds" within the meaning of the Code; (ii) the Bonda are not and will not become directly or indirectly "federally guaranteed"; and (iii) the City wiU timely file an Internal Ravenue Service Form 8038-G with respect ·..o the Bonds, which shall contain the informatiorr required to be filed pursuant to Section 149(e) of the Code. (c) Ta.r Letter of ln.tru ctioM. The City will comply with the • Tax Letter of Instructions delivered to it on the date of inua.nce of the Bonds, including but not limited by the provisions of the Tax Letter of lnatructions regarding the application and investment of Bond proceeds. the use of the Project, the calculations, the depoaits, the diaburaements, the investments and the retention of record& described in the Tax Letter of Instructio.na ; provided that.. in the event th.e Tax Letter of Instructions are superseded or amended by new Tax Letter of Instructions drafted by, and accompanied by an opinion of, Bond Counsel stating that the use of the new Tax Letter of Instructions will n ot cause the interest on the Bonds to become includible in gross income for federal income tax purposes, the City will thereafter comply with the new Tax Letter of Instructions. (d) IJe,ignatlon of Botuh aa Qualified Ta.r Exempt ObligatloM. The City hereby designates the Bonda as qualified tax exempt obligations within the meaning of Sect.ion 265(b)(3) of the Code. The City covenants that the aggregate face amount of all tax exempt government.al obligations defined in Section 141 of the Code or qualified 60l(c)(3) bonds ilofined in Section 145 of the Code issued by the City, together with governmental entities which derive their issuing authority from the City or are subject to substantial control by the City, are not expected to be more than $30,000,000 during calendar year 2009. The City recognizes thnt such tax • exempt obligations it,clude notes, leaaes, loans and warrants, as 13 • • • well as bonds. The City funher recognizes that any bank, thrift institution or other financial institution that owns the Bonds will rely on the City's designation of the Bonds as qualified tax exempt obligation s for the purpose of avoiding the loss of lOO'l-of any otherwise avrulable interest deduction attributable to s uch institution's tax ex.empt holdings. Seerion I S. Defeasance. Any Bond shall not be deemed to be Outstanding hereunder if it shall have been prod and cancelled or if [\9feasanM Securities shall have been deposited in trust for the payment I.hereof (whether upon or prior to tbe maturity of such Bond, but if such Bond is to be prod prior to maturity, the City shall have given the Paying Agent irrevtcable directions lo give notice of redemption as required by this Ordinance, or such notice shall have been given in accordance v.~tb this Ordinance). ln computing the amount of the deposit described above, the City may include the maturing principal of and interest to be earned on the Defeasance Securities. lf less than all the Bonds are to be def eased pursuant to this Section, the City, in its sole discretion, may select which of the Bonds shall be defeased. Notwithstanding anything herein lo the contrary, in the event that the Bond insurance Policy is issued and principal and/or interest due on the Bonds is paid by the Bond lnaurer pursuant to tbe Bond Insurance Policy, the Bonds shall remain Outstanding for all purposes, not be defeased or otherwise sati!fied and not be considered paid by the City, and all covenants, agreements and other obligations of the City to the Owners shall continue to exist and shall run to the benefit of the Bond i nsurer. and the Bond Insurer shall be subrogated to the rights of 1uch Owners. Section 16. Events of Default. Each of the following events constitutes an Event of Default: (a) Nonpayment of Principal or l ntere,t. Failure to make any payment of principal of or int.erest on the Bonds when due. (b) Breach or Nonperformance of Dutier. Breach by the City of any material covenant aet forth herein or failure by the City to perform any material duty imposed on it hereunder and continuation of such breach or failure for a period of 60 days after receipt by the City Attorney of written notice thereof from the Paying Agent or from the Owners of at least 10~ of the aggregate amount of the Bond Obligation, provided that ouch 60-day period shall be extended so long a.s the City has comnmiced and continues a good faith effort to remedy auch breach or failure. (c) Banhruptcy or &ceiverrhip. An order of decree by a court of competent jurisdiction declaring the City bankrupt under federal bankruptcy law or appointing a receiver of all or any material portion of the City's assets or revenues is entered with •.he consent 14 or acquiescence of the City r ,, entered without the consent or • acquiescence of the City but " .,ot vacated, di scharged or stayed within 30 days after it is entere,, Section 17. Remedies for Events of D, ,fault . (a) Remedies . Upon the occurreU'~c and continuance of any Event of Default, the Owners of not less thun 26 % of the aggregate amount of the Bond Obligation. including, without limitation, a trustee or trustees therefor may proceed .. gainst lho City to protect and to enforce the rights of the any Owners under this Ordinance by mandamus, injunction or by other suit, action or special proceedings in equity or at law, in any court of competent jurisdiction: (i) for the payment of interest on any installment of principal of any Bond that was not paid when due at the interest rate borne by such Bond ; (ii) for the specific performance of any covenant contained herein; (iii) to enjoin any act that may be unlawful or in violation of any right of any Owuer of any Bond ; (iv ) for any other proper legal or equitable remedy; or (v) any combination of such remedies or as otherwise may be authorized by applicable law; provided, however, that acceleration of any amount not yet due on the Bonds according to their terms shall not be an available remedy. All such proceedings at law or in equity shall be instituted, had end maintained for the equal benefit of all Owners of Bonds then • Outstanding. (b) Failure To Pursue Remedies Not a Release; Right, Cumulative . The failure of any Owner of any Outstanding Bond to proceed in accordance with subsection (a) of this Section shall not relieve the City of any liability for failure to perform or carry out its duties under this Ordinance . Each right or privilege of any such Owner (or trustee therefor) is in addition and is cumulative to any other right or privilege , end the exercise of any right or privilege by or on behalf of any Owner shall not be deemed a waiver of any other right or privilege of such Owner. (c) Bond In,urer Third-Party Be.neficiary; Right To Control Remedies . In the event that the Bond Insurance Policy is issued end to the extent that this Ordinance confers upon or gives or grants to the Bond Insurer any right, remedy or claim under or by reason of this Ordinance, the Bond Insurer is hereby explicitly recogni.ed as being a third party beneficiary hereunder and may enforce any such right, remedy or claim conferred, given or granted hereund2r. Upon the occurrence end ::.m,tinuance of an Event of Default, so long as it is not in default ~t , obligations under the Bond Insurance Policy , the Bond Insure, "ta ll be entitled to r.o ntrol and direct the enfo:-•ement of all rights ru Al remedies granltld to the • Owners under this Ordinance end pursuant to State Jaw . 15 • • • Section 18. Amendment of Ordinance . (a) Amendments Pennitted Without Notice to or Consent of Owners . The City may, without lhe consent of or notice to the Owners of the Bonds, adopt one or more ordinances amending or supplementing this Ordinance (which ordinances shall t hereafter become a part hereoO for any one or more or all of the following purposes: (i ) to cure any ambiguity or to cure, correct or supplement any defect or inconsistent provision of this Ordinance; {ii) to subject to this Ordinance or pledge to the paym.ent of the Bonds additional revenues, properties or collateral; (iii) to institute or terminate a book entry registration system for the Bonds or to facilitate the designation of a substitute securities depository with respect to such a system; (iv) to maintain the then existing or to secure a higher rating of the Bonds by any nationally recognized securities rating agency; or (v) to make any other change that does not materially adversely affect the Own.era of th.e Bonds. (b) Amendment• Requiring Notice to and Con,ent of Owner,. Except for amendments permitted by subsection (a ) of this Section, this Ordinance may only be amended (i) by a ordinance of the City amending or supplementing this Ordinance (which , after the consents required therefor, shall become a part hereoO ; and (ii) with the written consent of the Owners of at least 66-2/3% of the Bond Obligation; provided that any amendment that makes any of the following changes with respect to any Bond shall not be effective without the written consent of the Owner of such Bond : (A) a change in the maturit-; vf ;;uc!, Bond ; (B ) a reduction of the interest rate on such Rond ; (C ) a changt in the terms of redemption of such Bond ; (IJ) a delay in the paymem of principal of or .~terest on such Bond; (E ) a reduction of the Bond Ocligation the consent of the Owners of which is required for an amendment to this Ordinance; or (F ) the establishment of a priority or pl:'eference for the payment of any amount due with respect to any other Bond over such Bond. (c) Procedure for Notifying and Obtaining Con.ent of Owner,. Whenever the consent of an Owner or Owners of Bonds iR required under subsection (b ) of this Section, the City shall mail a notice to such Owner or Owners at their addresses as set forth in the registration books maintained by the Paying Agent and to the 16 Underwriter, which notice shall briefly describe the proposed • amendment and state that a copy of the amendment is on file in the office of the City for inspection. Any cor..ent of any Owner of any Bond obtained with respect to an amendment shall be in writing and shall be final and not subject to withdrawal, rescission or modification fo r a period of 60 days after it is delivered to the City unless another time period is st.ated for such purpose in the notice mailed pursuant to this subsection. (d) Co n •ent of t he Bond ln•urer in Addi tion to Con ,ent of Owner,. In the e\'ent that the Bond Insurance Policy is issued, the Bond I nsurer's consent shall be required in addition to the coMent of Owners, when r equired, for the foUowing purposes: (i) execu tion and delivery of any supp lemental Ordinan.ce or any amendment, supplement or change to or modification of this Ordinance; (ii) remo\'al of the Paying Agent and selection and appoinbnent of a successor; and (iii) initiation or approval of any action not described in clau se (i ) or (ii) above which requires the consent of Owners. Section 19. Appointment and Duties of Paying Agent. The Paying Agent identified in the Section hereof titled "Definitions• is hereby appointed as paying agen t, registrar and authenticating agent for the Bonds unJess and until the City removes it as such and a ppoints a auccessor Paying Agent, in which event such au.cceu(lr shall automatically s ucceed to the duties of the Paying Agent hereunder and its p redecessor shall immediately turn over all its records regarding th.e Bon ds to such successor. The Paying Agent shall agree to perform all duties and to take a ll actions assigned to it h ereunde r in accordance with the terms hereof. Section 20. Approval of Related D ocuments. The Council hereby ratifies and approves the distribution and use in connection with the offering of the Bon ds of the Preliminary Official Statement relating to the Bonds; a u thorizes and dir ects the preparation of, and authorizes and directs the execution by the Mayor of an Official Statement for use in connection with the sale of the Bonds in s ubstantially the form of the Preliminary Official Statement, with such changes t herein , if any, not inconsistent herewith. as are approved by the Mayor (whose signature thereon shall constitute condush·e evidence of such approval); and for a period of ninety days following the adoption of this Ordinance, the Sale Delegate is authorized to execute tbe Commitment, if any, the Sale Certificate and the Bond Purchase Agreement. The appropriate officers and officials of the City are hereby authorized and directed to execute an undertaking to facilitate compliance wi th Securities and Exchange Commiaaion Rule 15c2-12 (17 C.F.R. § 240.15c2-12, the Payi.J:,.g Agent Agreement, a "Tax Compliance Certificate" or similar certificate describing the City's expectations regarding tbe use and investment of proceeds of the Bon ds and other moneys and the use of the Project, an Internal Revenue Service Form 8038-0 with respect to the Bonds and all other documents and certificates necessary or desirable to effectuate the issuance or administration of the Bond s, the investment of p roceeds of the Bonde and the transactions contemplated hereby. 17 • • • • • Section 21. Bond Insurance Determination. The Council here by delegates to the Sale Delegate the authority to determine whether or not the Bonds will be secured b~· the Bond Insurance Policy and the tenns of any agreement with the Bond lnsurer if a Commitment is accepted regarding the Bonds. Such determination shall be made by the Sale Delegate on a basis of whether or not an interest cost savings can be realized by the City through the issuance of the Bond Insurance Policy when compared to the premium to be paid to the Bond Insurer for t.he issuance of the Bond Insurance Policy. Section 22. Events Occurring on Days That Are Not Business Days. Except as otherwise specifically provided herein with respect to a particular paym ent, event or action , if any payment to be made hereunder or any event or action to occur hereunder which, but for this Section, is to be made or is to occur on a day that is not a Business Day , such payment, event or action shall instead be made or occur on the next succeeding day that is a Business Day with the same effect as ifit was made or occurred on the date on which it was originally scheduled to be made or occur. Section 23. Limitation of Actions . In accordance with Section 11-57-212 , Colorado Revised Statutes, no legal or equitable action can be brought with respect to any legi slative acts or proceedings in connection with the authorization of the Bonds more than 30 days aft.er the authorization of such securities. Section 24. Ordinance is Contract with Owners of Bonds and lrrepealable . After the Bonds have been issued, this Ordinance shall be and remain a contract between the City and the Owners of the Bonds and shall be and remain irrepealable until all amounts due with respect to the Bonds shall be fully paid, satisfied and discharged and all other obligations of the City with respect to the Bonds shall have been satisfied in the manner provided herein. Section 25. Headings. The beadings to the various sections and s ubsections to this Ordinance have been inserted solely for the convenience of the reader, are not a part of this Ordinance and shall not be used in any manner to interpret this Ordinance . Section 26. Severability. It is hereby expres sly d eclared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent, if any provision hereof or the application thereof is determined by a cowt or administrative body to be invalid or unenforceable, in whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the application of the pro,-ision in question to any other situation ; and if any provision hereof or the application thereof is detennined by a court or administrative body to be valid or enforceable only if its application is limited , its application shall be limited as required to most fully implement its pu\'pose. Section 27. Repeal of Inconsistent Ordinances, Resolutions, Bylaws, Rules and Orders. All ordinances, resolutions, bylaws , rules and orders, or parts l B thereof, that are inconsistent with or in conflict with this Ordinnnce, are hereby repealed to the extent of auch inconsistency or conflict. Section 28. Ratific a t ion of Prior Ac tions. All actions h eretofore taken lnot inconsistent with the provisions of this Ordinance, the Act or the Ballot Question) by the Council or by the officer s and employees of the City directed toward the issuance of the Bonds for the purposes herein set forth are hereby ratified, approved and confirmed. Section 29. Effective Date. This Ordinance shall become effective thirty days after publication following final paasage. Introduced. read in full , and paaaed on first reading on the 4 th day of May, 2009. Published as a Bill for an Ordinance in the Cit)'s offi cial newspaper on the 8,. day of May, 2009. Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of May, 2009 for thirty (30) days, James K. Woodward, Mayor ATTEST: Loucrishia A. Ellia, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a tru.e copy of a Bill for an Ordinance, introduced, read io full , and passed on first r eading on the 4th day of M ay, 2009 . Loucrishia A. Ellis 19 • • • • • • CO UNC IL COMM UNICATI ON -Date: Agenda Item: Subje ct Ma\ 4, W09 11 a vi A b,11 for an ordinance authorizing and approving the lease-purchase oi equipment for the Fire, Police, and Informa tion T echnolog) Departments Initiated By: Staff Source: Finance and Adm,nlstrati\'e Sel\ oces Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOU S COUNCIL ACTION City Council discussed leasing sell contained breathing apparatus (SCBA) equipmen~ police tactical vests, and a voice over internet protocol (VOiP) telephone system at the 2009 Budget Retreat RECOMMENDED ACTION Staff recommends the Oty Council approvP the attached bill for an ordinance approving the lease- purchase of SCBA equipment for Fire, tactical vests for Police, and VOiP system (software and hardware). BACKGROUND, ANALYSIS, AND ALTUNATIVES IDENTIFIED This bill for an ordinance allows the City to conserve ,ts capital and takes advantage of relatively low interest rates. This equipment will be leased over three/five years The City will acquire this equipment during the remainder of 2009. FINANCIAL IMPACT The monthly principal and interest payments over the term of the lease for the Fi re Depar1 men t equipment will not exceed $6,500 over the term, not 10 exceed uve (5) years. The Interest ra te will not exceed 4.75 percent The total pnncipal pa id will nol exceed SJJ0,000. The Interest rate tor the lease of Information T echnolo8) and Police Department equipment will not exceed 4.75 percent The monthly principal and interest payments will nol exceed $20,000 over a period not 10 exceed three (3) yea rs. The total principal will nol exceed $625,000. TI1e first payment for the lease w,11 be paid from funds paid into the Capital Equipment Replacement Fund The source of the remaining payments will be determined dunng the annual budgeting process . LI ST OF ATTACHMENTS Proposed BUI for an Ordinance ORDINANCE KO. SERLES OF ~009 ll\' AL 11IORIT\' A Bll..L FOR COUNCIL Bil L NO 21 Ll'\TROD\JCED BY COUNClL ME~1BER ____ _ AN ORDINANCE OF THE CIT\' OF ENGLEWOOD A lrrl-!ORIZING AND APPRO\'ING THE LEASE-PURCHASE OF CERT AJN EQUIPMENT FOR CITY DEl'ARTMEl\'TS AND PRO\'IDING DETAILS fN CONNECTION \\'ITH THE LEASE-PURCHASE TRANSACTION \\ "HERE.AS. !he Cuy of Englewood. C,:,lorado (the ··Cuy .. ). 1s a home rule munic1pal11~ of the State of Colorado (!he "Statcl duly organized and opcraung under the Home Ruic Chancr of 1he Cny (the "Chaner .. ) and 1he cons111uuon and laws of 1he S1a1e: and WHEREAS. pursuant 10 Section 30 of 1he Chan er, the Ci1y Council of 1hc City (the .. Council .. ) has all municipal lepis lniive powers as conferred by general law. except as provided by the Chaner: and • WHEREAS, 1he Council has dc1crmrned 1ha1 11 is necessary 10 acquire certain police. information 1echnology and lircligh1ing equipment includi ng. bu1 no1 limiled 10, selr contained brealhing appara1i and compressed air cylinders (lhe ·'Fire Dcpanmenl Equipment"). voice over mtcrn<t protocol for phone commurucauons and related opcraung software. dcsklop computer • replacement. mobile data terminals and 1ac1ical ,·csts (lhc "lnforrnauon T echnololl} and Police Oepanmcm Equ1pmcnt"I (the Fire Dcpanmcnt Equipment and the lnfonnauon Tc:chnolo~y and Police Dcpanment Equ1pmcn1 hemp collecuvdy referred to as 1hc ··Equ1pmcnl"'). and WHEREAS, pursuant 10 Sccuon 31-15-101 of the Colorado Rc,~sed Stn1u1cs. 1hc Cuy has !he power 10 lease-purchase pcnon.al propeny and the Council desires 10 spread the cost of acquanng !he Fire Dcpanmcnt Equipment. over a period no1 to exceed five years, and 1hc Information Technology nod Police Dcpru1111em Equipmcnl, over n period n(II 10 exceed three years. through the lense-purchase of such cquipmem: and WHEREAS, 1he Cit) and CAFCo Leasing LLC. a C'olorndo limned linbil il)' Company (1he .. Lessor") have previously entered uuo o Master Equipment LeaselPurchnse Agrcc111en1 (the "Master Lease") for 1hc purpose of estnhl ,shmg a continuing rela11onsl11p hL1"·ccn the panics to focihtatc the leasing and ocqu1nn~ of cenam pmpcny upon the 1crrns and conditions sc1 fonh b) the panics in subsequent lease,. and WHEREAS, the Ctt) has rc:cel\ed a proposal from Sufcl Ntcolaw & Compan). lnco,por:ued to effect the lease-purchase of1he Equipment al a net cffectl\e ra1e not m exec:,., of 4 75• o J><.1' annum. "htch rate 1s to be detcrnuned a, the tune of the closing on 1he transacuon: and WHEREAS. pursuant 10 the Moster Lease. 1he delails of the lmnsacuons nre more fully sci fonh in Sc hedules ond Leases as defined in the Master Lease (the .. Lc:asc Agrecmcnls''). and the financia l ob hgation of the C11y under 1he Lease Agreements shall cm1stitu1c cu rremly • budge1ed expenditures of1hc Cny: and • \\1-IERF.AS, 1he Council is desirous of nu1honzm~ nnd d1Tec11n~ 1ht 1ransac11on • • described abo,·c. NO\\', THEREFORE. BE rr ORDAINED BY 11-IE cm· COlJI\CIL or TH£ CITY or ENGLEWOOD. COLORADO. AS FOLLOWS: Section 1. Appro'"•I or Lust Purchase Terms The C1ry Council hereby appro'"es 1he lease-purchase of (i) 1he Fire Departmcn1 Equ1pmcn1 f~r 1h, amowil no1 10 exceed S330.000. u·11h rnorubly pa)menrs nol lO exceed $6,500 o,·er annual 1,'llllS wluch shall not exceed (i, c years and (ii) lhc lnfonna1ion Technology and Police Depanmc • Equipmcn1 for lhe amoun1 001 10 exceed S625,000. with monthly payments not 10 exceed S•0.000 over annual 1enns which shall 001 exceed lhrce years. The Cily Council hereby dclc~:~s 10 lhc Mayor. or in 1he absence 1hcreof. lh• Mayor Pro T,m, the aulhon1y 10 ~,icrrrune lhc nel efTect1\"c ra1c for the lease• purchases. wluch ra1e shall not~ in excess of 4.'s•, p..'I annum and lhe final amounts of lhe L<ase Agrccrnen1s, Scerlon 2. Appro,·•I o r Lease Agreements. ~ be Lease Agreements. in subs1amially lhe form and "ith subs1an1ially lhe con1en1 presen1ed to the Cil). arc m all rcspcc1s appro,·ed. aulhorizcd and confomed. Section 3. Esecutlon and Delivery or flocumcnts. The Mayor or. in 1he absence lhercof. lhe Mayor Pro Tem 1s hereby au1horizcd a~d ,!irectcd 10 execute l~e l,::ase '"!cemenis. and lhc >1gnaturc oflhe Mayor or Mayor Pro Tero shall concl::.."·ely deu,,., .. ,._ -~"""?"· ,cc oflhe final form and con1en1 oflhc Lease Agreements and lhe vahd execution, . :•:: <::., ,\~,rcemcnts by the City. Additionall y. the Mayor, other officials and empl oyees ~-1he City arc hereby authorized and directed 10 cxccu1e and deliver for and on behalf of 1.he Cil), eny and all additional agreements, c-::tifica1es, documcn1s and other papers and 10 pc,rform ell other acts thai they may deem necessary or appropna1c m ord-.r 10 implement and Cllrl) out the lransaction authonzcd and con1empla1cd by thts Onlinanee. mcluding bu1 not limited to an lnu:mal Revenue Service Form 80)8-G. Section 4. Declaratio ns and Findings The Cny Council hereby de1rnnines and declares !hat the rcspccthe rental paymen1s under the Lease Agreements (the "Renial Payments") represent lhe fair ,-alue of the use of lhe rcspccti'"e Equipment. and that the Pun:basc Price (as defined in 1he Lease Agreemen1s) represcnls the fair purchase price of the respccli\'c Equipment. The Chy Cow,cil hereby deierm,nes and declares !hot 1hc Rental Pa!ffi)ClllS do 1101 exceed a reasonable amount so as 10 place 1hc City under an economic or prac1ical compulsion 10 appropria1e moneys to rmk• pa)mcnlS under lhc Lease Agrcentenis or 10 exercise ns option 10 purchase the Equ1pmen1 pursuant to 1he Lease Agreemcn1s. In ,ru;l.,ng such detcrmina110ns. lhe Cily Counci l has given considera1ion 10 1hc current markc1 value of the Equipmc:m. the cost of acquiring the Equipment. 1he op11on of the Cit) 10 purchase the Equipment. ano 1he expcc1ed c, en1ual ,·est mg of full 1i1le 10 lhe Equipmen1 m the Cil) The Cny Council hereby deicrmines and declare> thal lhe dun111on of the Lease Agrccmen1s. ,ncludmg all opuonal renewal terms. au1honzed under thi s Ordinance. does nol exceed the we1jJhtcd a,•trnl!e useful hfe of the Equipment. Section ~-Ba.Dk-Quallfitd Dt1trmln1tioe. The Cit) hcrel>> desillll3les lhe respective Lease Agrccmen1 s as ··qual 1ficd 1ax-cxemp1 obhga1ions" fo r purposes of Secuon 265(b)(3) of the lmemal Revenue Code of 1986, as amended , ~. Ob li g11ioos of th• Ci~. !so pro'1s1on of thts Ordmnncc or the Lease • Agreements shall bc construed 35 crca1ini; or consmutini; a general obhgauon or a muluplc-fiscal year direct or inchrcc1 1ndcb1cdncss or other financial obhgauon "ha1soc,·c:r of the CU) nor a mandatory pa)rncnl obhl)lltion of the Cuy m any ensuing fiscal yea; hcyond an) fiscal year dunng which the Lease Agrccmcnts shall bc m effect. Stctlop 7. lutifiatloo of Prior Actloru AU actions heretofore taken (no11ncons1s1en1 wuh the pro,is,ons of this Ordinance) by the CU) Council or by the officers and employees of the Cuy regarding the acquisnion or lease-purchase of 0"! Equipment. or directed toward sa1isfac11on of the Cuy's obhgauons undc.-thc Lease AgTl' ,ems. arr hereby 11111ficd. appro"ed andconfinool Section 8. S.vcrability. h is hcrcb)' express'•-' dcclarrc na1 all provisions hereof and their application arc m1cndcd 10 be and arc severable. l;i vrder •~ 1mplcmcm such mlct11. if any provision hereof or the npphcation there-,f is detenni.ned ~" a cou,, or admtnistrati\'e body 10 bc invalid 01 unct1forccablc. in whole or in pan., such de•a, ,inn1i,n shall nm affcc1. impair or invalidate .my other pro1ision hereof or 1hc application of ,~e •.ovision in qucsuon 10 any ot her situat ion: and if any provision hereof or the application thereof is determined b)' a coun or adminis11111ive body 10 be valid or enforceable only if its application is limited. us application shall bc limited 35 required 10 1110s1 fully implement its pUIJXlse . ~. Repea ler. All ordinances. or pa'ts thereof, inconsis 1en1 or in confl ict herewith are hereby repealed to the extent onl y of such inconsistency or con0ic1. SecJlon 10. Errccth•r Date . The Ordinance shall be effccuve 1hiny days after publlcauon follo.,.ing final passage. • Introduced. read m full . and passed on ftrst reading on the 4th day of May, 2009. Published ns a Bill for an Ordinance m the City's official newspaper on the s" day of May, 2009 . Published as a Bill for an Ordmance on the City's official \\'ebsi1c beginning on the 6th day of Ma)', 2009 for th,ny (30) days AlTFST: Loucnsh,n A Ellis. Cuy Clerk I. Loucrishin A. Ellis. C'II) above and foregoing ,s a true 1. , firs t reading o n the 4th day of Mu, James !: Woodward, Mayor ,,f 1hc Cuy of Englewood , Colorado, hereby ccnify that 1hc a Bill for on Ord inance. iniroduccd. read m full. nnd pnssed rn J09 Loucrishin A. EIits • • • • COU NCIL COMM UNI CATI O Dat e: Agenda llem: Subject: Ma1 4, ~ooq 11 c I Resolution ot support for the selection 01 Amere~o. Inc. as the Of\ s energy services company (ESCO! lnitl~ted By: I Staff Source: Cit\ Managers Office Michael Flaherf\. Deputy City Manager COUNCIL GOAL AND PREVIOUS COUNC IL ACTION Clf\• Counal has expressed strong interest in promotrng energ1 efficiency, altemat1ve and rene" al energ)', last year, staff Initiated efforts to address ene rgy efficien cy and to develop a plan for implementation o( "Green Cit)• Initiatives. To that end. City Council approved a Memorandum of Understand (MOUi "1th the GO\ emor's E1 e1gy Office (GEO) on October 20, 2008. RECOM MEN DED ACTION Staff recommends coun cil approval o( the resolution supporting the selection of Ameresco, Inc. as the C111's enerll\ services company (ESCO). BACKGOUND Last year, th e GEO completed a ieasibility study for energy performance contracting for the City. On lanua,y 9, 2009, the City issued a Request (or Proposals to sb, State-certified ener8)' service companies (ESCO) and four firms submitted proposals. Staff conducted a~ Initial internal review of these fou r proposals with the assistance o( the Governor's Energy Office and set fo rmal Interviews with two companies, Ameresco. Inc. and )ohnson Controls. Inc. Re-.·11!\\ of the proposals, imer.ie-.,-s and folloo -up questions was conducted by the Clf\i s review and selection team, which Included representatives from the City Manager's Office, Finance and Admin istrat ive Services. Fire/Police departments. Parks and Recreation, Public W'.lfks, the Water U1111ty, the Wastewater Treatment Plant and Am\' Jiron. an Englewood citizen and recent appointm .. nt to the EURA Boa rd, an attorney with experience In environmental and energy issu es. Based en the panel's review. Amert>SC.o. Inc. has been recommended to ser. e a, the Cil)'s ESCO lor conducting a technical energ\ Ju di~ a contracL which could will be presen ted for Council consideration as soon as May 1 8, 2009, and development ol a full energy performan ce contract by iall ol thi s year. FINANCIAL IMPACT Should City Council apprO\ e an energy performance contract. all related costs are guaranteed from the res ulting ene rgy savings by the ESCO through a financing mechan ism, tvplcally a lease- purchase. Ho\\e-er. the City could choose to lund the entire project through a ,ariel) of mean.: a 1a,-exemp1 lease-purchase, self-finance 1he en111e prOject: or a blend 011und1ng sources, i.e .. cap,1al • budge1 and lease purchase TUnds, and 01her ouis,de rundmg sources. such as uuhl\ reba1es incenllves and granlS, potential!) sizeable grants 1rom sources such as 1he Oepanmenl 01 Local Affaors (OOLA). and rene\\able energ, grants from 1he GEO. Ii, aiter completion 01 the 1echmcal energ\ audn. the Council chooses no1 10 proceed with an energy perfo rmance con1ract, 1he cosl of 1h e energ\' aud,t. S30,000.$45,000. would be due 10 1he ESCO. LI ST OF ATTACHMENTS Proposed Resolu1ion • • • RESOLUTION NO SERIES OF 2009 • • A RESOLUTIOJ\ SUPPORTING THE SELECTJO~ OF AMERESCO. INC. AS THE cm• re: E!'>GLEWOOD"S ENERGY SERVICES CO~1PANY (ESCO). WHEREAS. the State of Colorado Governor"s Energy Audit and Project Prop,• I ,s 10 identify energy and water oonser\"aUon measures wluch. if implemented. will o, er a period of urne.Just1fy the r:ost of the Tcchn1cal En~ Audn and Projccl Proposal: a:;d WHEREAS. the S101c of Colorado Governor"s Energy Office coordina,r; r program under Section 24-30-2001. C.R.S .. under which approved cntiiies may contract .,.,, J,oeal governments for Tcchn1cal Energy Audit and Project Proposal: and WHEREAS. the Governor"s Energy Office (GEO) completed a feasibility study forcnerin performance contracting for the City of Englewood in 2008: and WHEREAS. Ameresco. Inc. has been rr.commcnded by a panel established by the Ci1 Manageno serve as the City of Englewood·• Energy Services Company (ESCO) for 00nJ1•cung a technical energy audit and developing a full energy performance comr;;ct for the Cny; NOW. THEREFORE. BE IT RESOLVED BY THE cm· C'OUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: ~-The Cit>• Council of the City ofEnglcwnod, Cr• d I, ,,~,_,ns the selection of Amercsco. Inc. as the Ci1y·s energy services compani ADOPTED AND APPROVED 1his 4th d:iy of May. 2009 . ATTEST: James K. Woodward. Mayor Loucrish,a A. Elhs. Cny C'lerk I. Loucrishia A. Elhs. City Clerk for the Cny of rr •1ewooJ, Colorado. herehy certify the above 1s a true copy ofR=lution No . __ • Sent> 2009. Loucrislua A. Ellis. City Clerk • • • COUNCIL COMMU NICATI ON Date: Agenda Item: Sub ject: Ma1 4. 2009 11 C 11 Purchase 01 2009 \Nheeled Coach Medic Apparatus Initiated By: Staff Source: Fire Department Mike Pattarozz,, Fire Chief COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Purchase 01 this apparatus" ill help to meet the go.,I of being a progress!, e C11y , ~ 11 !)<01-ides responsh e and cost effk,ent ser\'ices. RECOMMENDED ACTION ·- Slaff recom mend s th at Council approve, by motion, the purchase of a 2009 Chevrolel C-4 500 Wheeled Coach medic apparatus for the Fire Depa rt ment. Staff recommends awarding th e con1rac1 10 the lowest accep table bidder, Wheeled Coach. in the amoun1ofS135,3 13, BACKGRO UND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The new apparatus Is sough! to replace a 1999 Ford E-450 med ic appara tus, which has reached the end of its service life. A bid lnvi1ation for a replacement appara tu s was released on Jan uary 6, 2009 and five compa ni es s ubm l1ted bids . \\'heeled Coac h provi ded the lowest bid. FINANCIAL IMPACT The total price 01 the apparatus is S 135,3 ll This includes S 121 ,965 a1 ailable through the CERF fund and S 13,3 48 from the rire Department budget lor equipment not specofo::al~• included lor replacement by lhe CERF ·oon ,I LIST OF ATTACHMENTS Se11 ,center Garage Summar\ Specification Sheet 1or Ne" Vehicles Col\ of Engl.,. ,ood Bid Tabulation Shee~ Item , IFB-09-100.2009 Class l•AO Rescue Unu SE R\'I CENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHCICLES STATE AWARD# __________________ _ ENGLEWOOD BID# __ __.,IF.,.B'""'-09...__.-1""'00'------------ MANUFACTURER OF VEHICLE 2009 Chcvrolci C-4500 Wheeled Coach MODEL OF VEHICLE ___M=ed-ic~U=n=it _______ _ AIR CONDITIONING YES NO AUTOMATIC TRANSMISSION YES NO POWER WINDOWS YES NO POWER DOOR LOC KS YES NO 4 WHEEL DRIVE YES NO FLEX FUEL OPTION YES NO CERF REPLACEMENT YES NO NEW ADDITION TO FLEET YES NO DEPARTMENT VEHICLE ASSIGNED TO Fire Oef!l. COMMENTS : This unit replaces Uni164&2, a 1999 Ford E450 medic unit, Dts ~ mcJ Jhe rc:olacemcnt criteria in both vears of service and mileage Funds arc: @".niJphJc 1hrough Jhc CERF fund for the f!Urchase of the base unit without dcpanmem op1jons. for a total ofSJ 21,965.00. r>eoanmcnt options total sn 348.00 which include misc options 10 th e patient comuanmc-nt, On-soot chains. electric door locks and keyless entn, back uo camera, and traffic advjsor. The total f!urchasc nricc oflhe base unit with dennnmcnt on1ioo$ is SJ 35,J J lQO. • • • City .nglewood B i d Tabula tion Sheet Bid Open in g : 02/10/2009 10:00 AM ITEM: IFB-09-100 2009 Class I-AD Re s cue Uni t 2009 Cl aH I• AD A eseue Vendor Qty Unit Addend ums Mile Hi Flre ADOAralus Inc 7270 Dahlia SI I NoBid Commerce City, CO 80022 (303) 289-9909 T aw,, Made Ambulances 3704 Medallion Pl I S 138,926.00 Yes Newport, AR 72112 (800) 468-1310 Wheejed Coaeh 27:ll North Fors'"h Ad I S 121,965.00 Yes Winder Patl<. FL 32792 (406) 855-4834 l""""Y MOUntain t:.mergency Vehicles 6101 E 38th Ave 1 $ 165,984.00 No Denver, CO 80207 (303) 322-9854 I Max ~ire Apparalus-usage Manufacturer 1335 N Park St I $ 149,133.00 one or two Castle Roc:k. CO 801 °'4 (303) 814-8746 1rwu ~ire Apparatus • oraun Manufacturer t 335 N Park St , s 168.sn.oo one ol two Ca s tle Ar·' 80104 303) 81 · ,o f • • 3 Cop les submitted T o tal Bid EJtcepllo ns: No No Bid ComnAnv iSsues a letter exoresslnn lhev are 1,.c,,.,.111no •No Bid" for ll>is reoc:ue unit. Yes s 136,9 26.00 Nonel.lsled Yes s 121,965.00 Plea$& ... lab 8 Yes $ 165,984.00 Please 1oe next paae for •'"""'Ilona YN s 149,133.00 See atlached lis· No V-mux avst. m -in addibon to above Yes s 16a,sn.oo See allached 11s1 ·-$ ·------ • • • COUNCIL COMMUNICATION I Dale: Agenda It em: Subject: Ma\ 4. ~00'1 '1 C 111 CERF Fund Purcha,e "' i ount Lo,tde r 1or 1l1 e Utilities Departnwni In itiated By: I Staff Source: Util i11 es Departmen t Stewart H. Fonda, Director of Utilities COUNC IL GOAL AND PREVIOUS COU NCIL ACTION lhe e~1sting Voho Front Loader \\dS apprO\ed b\ Council at their lune t 'I 1'195 rr.,PU,,11, It \\ilS purchased 110m Power Equipment Comp.,ll\' for S62.570. RECOMME NDED ACTION TI1e Wate.r and Sewer Board, at its April 14, 2009 meetmg, recommended Council approve. b1• motion, the purcha,e of a KOMATSU WA20Cl-6 ~ront Wheel Loader with an optional fork fro m Power Motive Corporati on in th,, amount of 598,598. t 9. BACKGROUND, ANAI.YS IS, AND ALTI:RNATIVES IDENTIFIED The proposed front-end loader purchase IS for a KOT MATSU WA20066 Front Wh eel Loader with an optional for!,., replacing a 1995 Vol\ o L-500 Front Loader Unit 11330. The front loader will be used pnmanll' for moving alum sludge trom the beltpress to the stockpiling area. City Dllch repairs, and snO\\ remo, al and yard maintenance. Tlus loader 1s also used for handhng materials such as roe!(. bedding matenals, and bundles of pallets and to provide a linish grade on trenching and exca\•ations. T111, purchase will replace th e existing l +1•ea, old front loader und er tlie CERF replacement schedule. This unit is being replaced one year earher than its normal replacement date. TI,e e.lstln g front-end loader became Ino pe rabl e after bemg used by th e Parks Department for a project. FINANCIAL IMPACT Englewood received seven bids on M,uch 24, 2009 for It em #IFB-O<l-101 tor a four wheel drive front end loader. The lowest acceptable bid "as recel\ ed trom Power Moti, e Corporauon, 5000 Vasquez, Oen\'er, CO 80~ 16 tn the amount o( SC!S,466.19. Funds are a,ailable tluough the CERF Program \\1th addttional money supplied bv the Lltiltues Department ($5,000) and the Parl.! OepartmPnts (S5,000). The origmal btd was SCJS.468.19 wtth SJ, I JO added tor the fork for a 101al hid ol $98,598.19 The Power Moth e Corpora tion is th e recommended bidde r at $98,598.1 q, LIST OF ATTAC HM ENTS Bid Proposal Tahula ti on City of~ BldT-SIINt Bk:1°"""'"9: ~M.--1 .. a.fll. nea,_,nFour_o.two,,_End~ ,__ L --------..-"' _,.. . ,__ ~.""18NZJ' -·----7 . • --. -· -· Co __ ,.. co -, -C ...,...,,., =-;:, __ I I ------11 .co...,, ... -,- ~c~1..-J ... -. . --· --11 11 _, ·--.co .... v, -,. J03.al,.IJUc~ if'_, -. '. I ,. '. i .co 11211 --..... ,. . ,. t I UC ·-· -,f;0-1f --... .....,~ I n.-r.-• I m•,. u.a 1 .... t:UMAw -coae11 --··-· I I ---t • --· -· ..... I • ,,...... Low ...... .......,..., ... ..... r-.. -.1, .. , ... "-·· ---.. ---........ _. ... ..,_ -----_ ...... -""' ... ----- ....... ~ I _ .. -----.-------___ ..,. ----................. ,.r ... ~ --....... ---uo ----....... ,-..,a, -.-.....,.trr,.T- ~ ..... ~ ... ~ ... --~ -• -t ~ Jr JI. L ...... ,JT "z-o,oc() -,:-_-,co • • • • E.'llGLEWOOO WATER & SEWER BOARD PHOl\"EVOTE APRIL 22, 2009 A phone vote was taken from the members of the Englewood Water and Sewer Board for the April 14, 2009 minutes: Mr. Habenicht moved; Mr. Clark seconded: Ayes: Kays : Members not n:achcd : Motion carried. To approve the minutes of the April 14, 2009 Water and Sewer Board meeting as corrected . Habenicht, Clark, Moore, Cassidy, Wiggins, Woodward, Oakley, Higday, Burns None The next Water and Sewer Board meeting will be held at 5:00 p.m. on Tuesday, August 12, 2008 in the Community Development Confc:=ce Room . Sincerely, Cathy Burrogc Recording Secretary \\'ATl:R A"D EWER BOARD Ml~l,'T ES April 14. 2009 The mcc1ing was called to order at 5:03 p.m. Members present Bums. Moore. Cassidy, Wiggins , Woodward, Habenieh1. Higdny. Oakley Members absent: Clark Also present: S1ewan Fonda. Dircc1or of U1ili1ic I. Ml UTES OF THE MARCH 10, 2009 1EETING . The Eng lewood Wa ter w1d Sewer Board recei1 ·ed a copy .if the minutes of the March I 0. 2009 meeting. Mr. Wiggin s moved ; Mr. Habenicht seconded : Ayes : ays : Members abs ent · Mo1ion earned . Mr. Gray Cla rk entered u1 5: 10 r m. To approve the minu1es of the March IO, 2009 Water and Sewer Board meeting . Moore. Cassidy. Wiggins . Woodward . Haben ichL Higday. Oakle) 'one Clark • • • • • • FRONT-END LOADER PURCHASE . The proposal is to purchase i~ for a KOTMATSU \\'A20066 Front \\'heel Loader to replace the 1995 \'olvo L-50D Front Loader Unn /II 330. The loader is used primanly for mo,·mg alum sludge from the behpress lo the stoclq>iling area. ll is also used for City Ditch repairs, snow removal. yard maintenance. handling materials such as rock. bedding materials and pallets and to prO\·ide a finish grade on trenching and excava1ions . This purchase will replace the existing 14•>= o!d front loader under the CERF replacement schedule. This unit is being replaced one year earhl-r than ts normal replacement date after bccommg inoperable during a Parks Dcpanmcm project. Englewood received seven bids. The lowest, acceptable bid was received from Power Motive Corp. in the amount of 595 ,468.19 plus S3.130 for a fork for a total bid of S98.598.19. Funds= available through the CERF Program with additional money from the Utililles Dcpanmcnt (S5 .000) and the Park Depanment (S5,000). Discussed ensued regarding equipment lending policies among Cit)' of Englewood departments. Mr. Fonda notetl th zl he has had discussions with the Director of the Parks Department regarding this incident and what procedures would be put in place to prevent future problems. Mr. Clark moved: Mr. Cassidy seconded: Ayes: Nays: Members absent: Motion carried . To recommend Counci l approval of the purchase cf a KOTMA TSU WA200-6 Front Wheel Loader with an optional fork from Power Motive Corporation in the amount of S98.598.19. Moore, Clark, Cnssidy, Wiggins, Woodward , Habenicht , Higdav, Oakley 3. LICENSE & TEMP. CONSTRUCT ION EASEMENT FOR TURN-OU, GATE FOR 2890 S. CLARKSON ST. A construction casement and license ayrccmcnt was submined h>• Mr. and Mrs. Bray at 2890 S. Clarkson S1ree1 10 install a 1um-ou1 gate for po1cn1ial di1ch water 10 be purchased from lhc Demer Wa1er uepanmcnt. The tum-out gale would be constructed across and adjacenl 10 the City Ditch right-of-wa>•· A final engineer's drawing will be anached after constroction and final survey. Mr. Fonda c~rlained the existing rccircula11on system and lhc use of ditch rights in the City Ditch nonh <.'fHarnpden. Mr. Bums moved: Mr. Habenich1 seconded: Ayes: Nays: Members abscn1: Motion carried. To recommend Council approval oflhe license agreemenl and construction easemen1 for a tum-oul gait in Englewood's City Ditch casement at 2890 S. Clarkson St . Bums, Clark, Higday, Moore, Cassidy, Wiggins, Woodward, Habenichl, Oakley None None 4. BIG DRY CREEK INTERCEPTOR FINANCES -REFUND DISTRIBUTION . In 1990 the City of Englewood, Sou1hg111e, Soulh Arapahoe and South Englewood Sanitation districts entered in10 the Basin ln1crccp1or Agreement (IBA) for maintenance and capital improvements for the Big Dry Creek Interceptor. The m1erreptor was reevaluated by Southgate in 200S and ii was concluded 1h01 lhe capi1al needs have been met and lhe remaining capital projects were 1101 imperati ve. but noted thal maintenance requirements would increase as the line ages. Unused advanced line lap fees were reimbursed to lhc rcspeclive distric1, in 200S. Base line lap fees con1inuc 10 be collccled, and arc refunded 10 lhe respcc1i,·c dis1ric1s each year. When the Big Dry Creek lnterccpt.lr Fund slarted 10 d1s1ribu1e it~ unused capital money 10 the membm. the Utilities Departm:nl s1afT recommended thal money be used to pay the 1,626 inside Ci1y. non-sanitation di5tricl cus1omer's :merccplor maintenance fees for a perioo of1imc, cs1imated 10 be 2019. • • • • • • Because of 1hc increasing main1cnance 10 1hc aging in1ercep1or. se\\ er cus1omcrs connected 10 1he Big Dry Creek lnlerccptor will sec an increase in the IBA charges from an al'crage residemial charge of SS.97 per year 10 approximately S 13.00 per year. Mayor Woodward questioned how the !BA charges and the amount sent to Southgate is calculated. Mr. Bock was available to explain how 1hc billed amounts are. figured. Stu directed John to detem1inc th e basis upon which 1hese rates arc calcu lai ed and to confim1 they are in compliance with existing rate ordinances. John will rcpon his findings at a future meeting. Mr. Higdaymoved; Mr. Bums seconded: Ayes: Nays: Members absent: Motion carried. 5. WATER RJGHTS UPDATES. To table a motion regarding refund diSlribution for 1he Big Dry Creek lnt~rceptor pending ad,%onal information. Bums. Clark, Higday, Moore, Cassidy, Wiggins, Woodward, Oakley, Habenicht None None The Board received from David Hill. Englewood's Water Attorney, water rights updates dated March 5. 2009. Stu discussed developments in water litigation cases in which Englewood i~ involved. 6. ARTICLE FROM THE DENl'ER POST, "HAZARDS IN THE WATER," DA TED MARCH 22. 2009 The Board recei,·ed an anicle that appeared m the March 22. 2009 Den\'cr Post that discusses Colorado communnics that nre not in compliance with public health standards . Stu noted that the communities discussed in the anicle are small, rural water districts that are struggling with aging distribution systems and would be considered first for Lhc $32 million in stimulus money . 7. DELl:-IQUEl'/T ACCOU:-:TS REPOIU . •\: a prc1·1ous meeting the Board requested mfonnauon on ho11 the recession 1s affccung th: Utilmes Dcpanmcnt's collections. The Board rcce11cd a red IDg and ium-off scmmary for 2008. John Bock no1cd tha1 the ol'ernll number of delinquent accoun1s has rcmai~ed lhc same. hu1 1hc dollar amounl hns increased. Mr. Higday was excused himself a1 6:03 p.m. 8. ENERNOC CONTRACT. Siu discussed the ENERNOC Xcel Energy Peak Savings Saks and Services Ab'l'cement being considered by !he U1il ilics Department This purpose oflhe agreemen1 is 10 cooperate regionally in an a11emp110 lower peaking factors for Xcel Energy. The contrac1 was re1iscd 10 note that the only penalty 10 the City for non•pcrfonnancc would be a reduction or ehminalion of potential payments There was also further clarifica1ion of even! windo11 s. 9. AMERICAN RECOVERY AND REINVESTMENT ACT. On Mlll'Ch 9. ~'.,09 the Wa1cr Qualily Control Commission established fu11ding criteria for • the Am~rican R.xo,·el) and Rein,·csuncnt Ac1 for funds for the Stale of Colorado for • waler and waslcwa1cr proJec1s. Colorado received approxima1ely S60 million which will be divided bc1ween Ilic Drinking Wa1er Revo lving fund (DWRF) and the Waler Pollu1ion Comrol Revolving Fund (WPCRF). The Board received memos from Tom Brennan, U1ili1y Engineer and Dennis Stowe of the Wustewa1crTrca1men1 Plant, or.ting that because Englewood docs not meet 1he DWRr requirement in the conscrva1ion Plan. which requires that the City :,c I~~ metered, the probabilit)' <'f Englc11 ood gelling funding is non-existent. Additionally. there arc so mlln)' rcquesls with higher prion1ics 1h01 Englewood would probab ly not receive funding if the City required the immediale ins1ull raion of meters. Stu discussed lhe adv11n1ages of the exis1ing meter con1•crsion plun for Englewood residents. The next Englewood Waler and Sewer Board will he held Tucsdn)', Muy 12. 20()') al 5:00 p.m . a1 lhc Cornmunil y Dcvclopme111 Conference Room. Respectfully subm111cd. W11~,1./,J;.r- co,hy Burrage ,/ Record ing Secretary • • • • COUNC I L COMMUNICATIO I Date Agenda Item Subject May 4, :009 11 Ci\ Conditio nal Use ior Communil) Gar de,, at Ih e Depot Property Initiated by Depa rtm en t of Parks and Recrea tion I Staff Source lerrell Black. Directo r oi Parks and Recreat io n COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Counci l ac tion taken on this issue . RECOMMENDED ACTION Staff recommends that Coun~il approve a motion au thorizing City sta ff to appl y for a C'.lndi ti onal Use Permit from th e Eng l~wood Plwning and Zoning Comm ission to loca te a com munity garden at the Englewood Depot si te. BACKGROUND, ANALYSI S, AND ALTERNATIVES IDENTIF IED Th e Parks and Recreation Cq:~rtmen t establ ished and opera ted a LJ mmun ity ga rden at the former Englewood Golf Course b21w~ •n 1998 and W04. The ga rd en was loca ted along the Santa Fe Drive fr ont age road. Earlier this yea r, th e Englewood Cu ltural Arts Com miss i ,.., re cognized the need fo r a communi ty garden due to th e eco nnm ic cl imate and citizen's de;i rc ,cir home-grown vege tables. City Counci l has also received ci tizen re qu es ts fo r the deve lopmen oi a commu nity garden. The Depo t prope rty is currentl y zon, ~ MU-R-3-A. In order for the comm un ity ga,~en to be loca ted on th e Depot property , th e subm ittal of an app li ca tion, review by the de, elo pment rev iew team, and a hearing before the Planning and Zoning Commission would have to take place for a condi tional us e of the property. The Ci ty wou ld be the appl ica nt ior th e community garden in the process fer a condi ti ona l us e perm it. Upon receip t oi the ap pl ication, a notice will be pos ted and publ ished and a publ ic hearing wil l be sel. Th e publi hearings usua ll )' take place at Ihe fo ll owing month 's meeting to allow for sufficient public no ti ce. Th e decision of th e Plan ning and Zoning Commission is fina l. A Co ndit ional Use approval would accelera te th e process ior fund -raising effo rts to begin Ihis summ er in ord er lo help defer th e costs of the communily ga rd en. This would also all ow the communi ty garden adminis trat ive commi tt ee to move fo rward with !heir discussions for a partnership with Denver Urban GJrdens {DUG). DUG is a non-profi l organizalion that has planned and cons tru cted com munity ga rd ens across the entire metro .,ea . FI NANC IAL IMPACT Construc1ion costs for the garden are estimated at appro .. matel\ S~0.000. This "ould include 11ems like: an ,mgation S\'Stem. path\\ays, soil amendments, fertJlizer. perimeter fencing. signage, storage shed and landscaping. The adm1mstra11, e comm,tt ee, "ith the help oi DUC, would conduct iund• raising eftons, acquire ,olunteer assistance and appl) 101 grant funding 10 help defer the com of ~onstruc11on. An update on the success of iund-raismg grant opportunities, and detaned budget m1Nma11on will be prO\ided to City Council during the tan budget" orkshop. LI ST OF ATTACHME NTS Alan White Communll) Carden Memo Dave Lee Communuy Garden Update • • • • • • TO: FROM: DATE: RE: M E M O R A N D U M COMMUNITY DEVELOPMENT \ .. I Gary Sears, Ctty Manager ' ~ Alan White, Community Development Director s'.:f)JJ April 22, 2009 Council Request 09-055 Depot Zoning Inquiry -Community Garden Council was updated on the status of creating a community garden on the Depot property on Dartmouth Avenue in a memorandum prepared by Parks and Recreation staff induded in the April 9"' Council Newsletter. This memorandum provides additional Information concerning using the Depot Property to establish a community garden. The site is approximately 37,800 square feet in size and is zoned MU-R-3-A. A community garden is a conditional use in this zone district as well as all other residential zone districts . Community gardens were dassifted as a condi tional use by adoption of the UDC in 2004. Previous to the UDC, the zoning regulations were silent concerning community gardens. A communit)' garden Is defined in the UDC as: "A specific type of parks and open space use. A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants bv more than one I 1) per,on or household." A condi tional u,•. req,1ires submittal of an application, revie\\ by the development review team, and a hea rin g betore th e Planning and Zoning Commission. This process requires a minimum of approximatel1• two months to complete once an application is received. The application requires a completed application form; a written description of the activity to take place, who is responsible for maintaining the property, and how th e condit io nal use approval criteria are met; and a site pla n showing the property to be used, any structures to be used (induding fencing), the location and amo unt of parking an d other information pertinent to the site or gardening activity. If the applicant for the conditional use is not the property owner (City), authorization from the City to submn the conditional use application will be needed. The MU-R-3-A zone district permits medium density residential and limited office uses. A cursory review Indicates the site Is zoned for upwards of 12 units or 56,700 square fee t of office space, or a combination of residential and office uses. Other non-residential uses permitted are government and city uses, museum/cultural uses, parks, religious institutions, schoo ls, certain telecommunlc.i tion facilities, dependent care facilities, medical, dental, or optical laboratories, and type 2 offices (limited). TO: G~ Scars. Cit) Manager FROM: Dave L :e. Open Space Mnna~er THROUGH: Jerrell Black. Parks & Recreation Director DA TE: April 3. 200'l SUBJECT: Community Garden Update The Englewood Parks and Recreation Depanment established and operated a community garden at the former Englewood Golf Course between 1998 and 2004. The garden was located cast of the par three golf course, along the Santa Fe Drive frontage road. lni 1ial interest in the community garden was high but that interest declined in later years because of a lack of good community exposure and poor location. In early 2009. the Cultural Arts Commission recognized the need for a community garden. The need stems from a decline in the economy and a citizen desire to produce home-gro\\n vegetables. City council also received citizen input for the del'elopmen1 of a community garden . • Through the efTons of the Cultural Arts Commission a garden comminec was formed with • representatives from Cuht'ral Ans. Parks Jnd Recreation Commission and Keep Engle,,ood Beautiful. Liaisons from City Council and the Parks and Recreation staff also anended the meetings. Staff bas also contacted Denver l 'rb?n Gardens to assist with the process of developing and constructing the comr.,unity gwd~n. Denver Urban Gardens has extensive expenise in plllMing and operating more than 80 gardens throughout Dem·cr. Lakewood. Aurora. Commerce City. Arvada, Golden and Sheridan. Tite garden LOmminee fell there w. s enough interest to recommend to the Cultural Arts Commission 1ha1 a community garden project shou ld move forwar d. An administrative steering comminee was formed comprised of Cultural Ans Commission membe-rs and Parks and Recrca1ion staff 10 oversee the planning. fund raising and construct ion of the commun ity garden. They arc working with Denver Urban gardens to finalize a pannership to assist in the implementation and funding of the community garden. The steering comminee hopes to meet with City Counci I in the near future to discuss location. process and potential funding sources. Following the meeting "ith City Council. the comminee would like 10 host a community meeting to gather input and provide l' status reJ)l'n as to their cfTons 10 date. After discussions "ith Den,cr Urban Gardens. we belie•· · , ea communit> garden full operational it "ill !like at least six to twelve months of r ~ 1 ation. budgeting and fund raising to finalize the project. During this time, we feel 1herc, • numerous opponunities for 1.,i1izcns to become im·olvcd both with Denver Urban Gardens an.J u,' Englewood Community Garden project. Pl~a.~e let me know if you have any fun her qucs1ions. •