HomeMy WebLinkAbout2009-05-18 (Regular) Meeting Agenda PacketI. Call 10 Order.
2. lnvoca1lon.
Agenda for th e Regular Meeting of the Englewood City Council Monday, May 18, 2009 7:30 pm Englewood Civic Cenler -Council Chambers 1000 Englewood Parkway Englewood, CO 80110
3. Pledge of Alleglance.
4 . Roll Call.
5. Consldera1ion of Minutes of Previous Session.
a. Mlnu1es from the Regular CilV Council Meeling of May 4, 2009.
6. Recognlllon of Scheduled Public Comment !Please limil your presenlatlon 10 len mlnules.)
7. Recosnillon of UnscheJuled Public Comment (Please romil your presenl.lrion 10 five
mlnu1es. Time for unschedut?d public comment may be limi1ed lo 45 minules, and If
lim11ed, sh,11 be continued 10 Cenual Discussion.)
8. Commu nicauons, Proclamations, and Appoinunents.
a Leu , fTom Tom Rolhe notifying Cily Counc;I of his resigna1ion from 1he Keep
Englc\vlOd Beautiful Commission.
9. Consenl Agenda l1ems.
Approval of O, "'' es on Firsl Reading.
I, proval of Ordinances on Secon d Reading.
Council Bill No. 11 , aulhorizlng a Big Diy Creek lnl ercepl or mainlenance fee
lncreasu.
Pio,,,. noi.· If you h,,, e • dtsabill~ •nd need amoH•,y aids or services, pl••se noufy the Cllv of Englewood
l)0J.7~2-24051 a1 leosi 48 hours In a<lv,lllCe of when services.,. needed.
!ngle"ood Col\ Councd AgNlc!J M.tl 18, 2009 P•g• 2 ii. Council Bill No. l 5, amending the Englewood Mun icipal Code '000 to adopt a procedu re for Prole~ts of Proposed Ballot Titles and/or Submission dause for lnitla1ive, Referenda and Referred Measures according to State Statutes, in. Council Bill No. 16, approving License Agreement for Xcel Energy (Public Service Company) to cross the City Ditch for necessary repairs.
Iv. Council Bill No. 17, approving an lntergnvemmental Agreement between the
City of Englewood and the City of Sheridan for Automatic/Mutual Aid.
v. Councll Bill No. 18, approving an Intergovernmental Agreement with th e City
and County of Denver regarding an Urban Area Security Initiative.
vi. Council Bill No. 19, for the acceptance of a 2009 Emerge -~ 'vlanag. • rent
Performance Grant awarded to the City of Englewood b1 1\,, ita te of
Colorado In the amount of S26,200.
vii. Council Bill Ne. 20, authorizing the Issuance of no more than • 055,000 In
general obligation bonds for various Water Fund capital projects.
viii. Council Bill No. 21 , approving the lease/purchase of equipment for the Are,
Police, and Information Technology Departments.
c. Resolutions and Motions.
1 0. Public Hearing Items. Wo Public Hearing scheduled.)
1 t. Ordinances, Resolutions and Molions
a. Approval of Ordinances on First Reading.
Council Bill No. 22 -Recommendation from the Community Development
Department to adopt a bill for an ordinance authorizing 1hree
lntergovemmenial Subgrantee Agreements for the 2009 Arapahoe County
Community Development Block Grant Program. STAff SOURCE: Janet
Grimmett, Hou ,lng Finance Specialist.
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
Recommendation from 1he Community Development Department to adopt a
resolution authorizing staff to ap ply to Arapahoe County for additional
Commu nity Developmenl Blook Grant funding through the American
Recovery and Relnvesiment Act (2008-R CDBG funds). STAFF SOU RCE :
Janet Grimmett, Housing Finance Specialist.
. lea~ note· If )'>U hove 3 dlsabllhy ond need ,1u,lll,1,y aids°' ,ervlc.., please notify 1he City of Englewood
llOJ.762-24051 at lust 48 hours In adv..ce ol "il"" .. ~ices are needed
(nglo,,ood GI\ COlttll /\gend.l M.-, 18,?0()') P•A•) ii. Recommendauon from lhe Parks and Recreation Department to approve, by motion, a B111 of Sale, Notice of Terminauon of Lease, and Waiver of Notice Requirement transferring 1he minia1ure train, tr,1cks, and buildings at Belleview Park from 1he Englewood Lions Club to 1he City o: Cnglewo od. STAFF SOURCE: Jerrell Bl ack, Director of Park s and Recreation, and Gary Hultberg. Recreation Manager.
12. General Discussion.
a. Mayo(s Choice.
b. Council Members' Choice.
13. City Manager's Repon.
14. City Attvrney's Repo rt.
15. Adjournment.
l't,.., note· If 1-ou h••• 1 dk.lt,11,ry 1nd nN'd •uiulia,y aids or sel\ic.._ please no~fv 11,o Ory of Engle,,ood
1)0).762-2405! •t least 48 ho<1111n ,ci>ai,ce o f wh,n lel\lces ••• need<d
• Call lo Order
ENGLEWOOD CITY COU NCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 4, 2009
The regular meeting of lhe Englewood Clly Council was called to order bv Mayor Woodward at 7:40 pm
2. Invocation
The u,vocatiOn was grven by CourlCd Member McCashn
3 Pledge or Allegiance
The Pledge or Allegiance was led by Council Member McCaslin.
4. Roll Call
Presenl·
Absent.
• A quorum was present
Council Members Jefferson, Moore, Penn, Oakley, Mccaslin, Wilson,
Woodward
None
Also present. City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
Deputy Clly Clerk Bush
City Clerk Ellis
Director Gryglewlcz, Finance and Adm,nlstratlve Services
Director Fonda, Uohtles
Operations Supenntendent McCormick, U~hlllls
Director Black, Parks and RecreallOn
Director Kah.'11, Public Works
Traffic Eng,neer Vostry, Public Works
Acbng Streets Maintenance Manager Hagan, Pubhc Works
Operations Manager Kavlnsky, Public Works
Fleet Manager White, Public Works
Direclor Long , Library
Directo· ,hite , Cnmmunily Development
Fire C I Patlaroul
Emergency Managemenl Coord1nalor Green, Fire
Battalion Cl I Fox, Fife
Pohce Commander Condreay
5. Consideration or Minutes of Previous Seulon
(a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO
• APPROVE THE MINUTES DF THE REGULAR CITY COUNCIL MEETING OF APRIL 20, 2009.
Mayor Woodward asked ,I there were any corrections or amendmenls There were none.
Vote results:
Ayes Councol Members Penn, McCaslll'I, MoOle WOOdward, Jefferson,
tJJ ~ .,, ---.
Englewood City Council May 4, 2009 Page 2 WIISOl'I Oakley Nays None Motion camed 6 Recognition of Scheduled Public Comment (a) Matthew Crabtree. an Englewood resident, said for the bcnef1I of the record , I'm pM of a
commuMy group vi !he City of Englewood by the name of Englewood C,ttzens for Open Government I'm gomg
to start my p,esentabon off th•s evening wrth a, should I say a bold quesllOII and an important question Where
1s and what happened lo the representative government 1n the City of Englewood? What I mean by that ts that
each and every one of the representatives u~ 1,ere at th,s bme were elected to represent tr.e views concerns
and outlook of the people of this community. II seems that 1,me and 1,me aga ,n, Council d~d~s to make
decisions on their own, according to their own agenda, own opinions and own ideas. d1sreg.·.•1;~ tne views of
the people There was a situation that occurred over the last few C,ty Co• ,,,,1 meetings th;it c ~~s 1u,t prove
that Again for the benefit of the record. I'll e1ola1n a little h,story on th:s s •11on Februa() , ·"' Nancy
•
Peterson came before Counol With a box 01 plaques that were going to g& .hrown away These plaq11es were
for the National Night Out and Neighborhood Watch Program. plaques that the City of Englewood •esldents
worl<ed very hard. along w,th Nancy Peterson, lo earn these awards She asked, basically, th1I ' , ,e City was
actually going to throw these plaques away .. but she not be told about II On March 23'". a" •Miler of our
communi ty ded icated and passionate about this Issue, came before you with a petition .. , a ptl1ti~1 of 57
signatures A peti tion asking Councli, please don't throw any of these awards away and please display all of
them for tho benefrt of :he people of this community The peblion request was pretty spec•fi<; 11 was to di$pl;1y
them here pretty much in lhe C,tyCenter was the pnmary request C,ty Council actually had a pretty
overwhelm111g response to It There were. you know, many of you commented on the record that Pven,ng, that
you were happy to see the request and we,e happy to look ,nto il But you railed the me,.,.;~ Iha! r,.,;nt You had •
to go lo Stud/ Session to discuss this topic Now, It IS a little perplexing, because most of the time those issues
lhal are brought forward with a problem, the issue and the solution all in one Issue. you were normally very
happy to hear ,t But th ,s particular lss ,,e, for some reason, had to go to Study Sess,on. You spent nearly 20
minutes discussing it, at the Study Session And that Is really whe1e things started to go wrong You started
cnt1qulng the fact lhat first these awards were meant to be 1n the department that they were earned at Safety
Services Department or the Pohce Department that that was actuaUy where the awards were p,ovided to and
lhat IS lhe department lhat won the awards Then you star1e.f cnt,quing each plaque as to the quality of the
frame or ij It was cracket or chipped or scratched tos,ng s1;ht of what these awards really mean to the
community and losing sight of the fact that no, the Safety Services Department didn't win these awards alone
Yeah, Nancy Pe terson did a lot lor this program and was probably one of the main reasons that the plaques
were received . but the community, the commun ity worked very hard lo receive these plaques If It weren't for
the community, we wouldn't have recorved them So. lhe decision was made lo not display all ol lhe ptaques as
going against the voice of one member of this community The decrs,on was made not to display them in !he
C11yCente1 ;iga.n gotng against the voice of a membef of this communrty You deoded to d,splay them at the
Police Depart'">'!< a place that not many people .if tn.s communrty go to I know, myself. I have only been
there twice or..i l ·<nc was to took at the plaq ues and the other tune was to file a potoee report And I have lived
here. tor what. six years now It ,s not a very p.,bllc place Aga,n , I think we !Ost sight of whal these plaques
rea lly truly mean .. ~o. you only displayed four of them Jnd there are well over ten plaques One of the plaques
was actua lly prov,oed by the Governor of the State of Colorado In 1995 for the most Na tio nal Night Ou t
progra .,,s That ,snot even displayed Now. I believe 11 was April 20'", that same dedicated member of this
community, that was so pass10nate about this issue, came before you and was frustrated. was genuinely upset
"Id I could 1ot2lly understand why because her voice wasn1 her Thu19s were said, but the p,oblem I see IS
, a way lh.l s1tuat1011 was handled SpeaficaUy, one of the comments made by our Mayor, Mr Woodward You
had stated quote, unquote, and this ,s verbatim from the record ·rt Is the dec1s,on Gf seven of this Board here to
decide whore the display will be · Again , ·,1 Is the dec1s10n af lhe Board of seven people here to decide where
the display will go." He said what about the 57 people that signed that petition? What about the voice 01 the •
people? Again, where ,s the representative government in the c,ty? Shou ldn't you be listening to us. and for
such a m,n,scule, or what would appear at th,s point . to be a m1msGule ,ssue I'll get ,nto where this leads to a
much larger ,ssue ma m'llute here Bui such a simple solut,on Just display them above the display case in the
C,ty ot Englewood. so that the people that pass by he1e probably wen over hundreds of people that pass
through he1e can lool< at those awards and tool< at someth,ng to work toward~ again Because. may t remind
Englewood City Council May 4, 2009 • Page3 you tha t we hav en 't wo n an award since 2006 s,nce Nan cy Peterson left So , wha t has happened to the program? And then yo u are h1d1ng the plaques somewhere that they won 't be seen? Come on guys , this Is upsell1ng To not go into any more detail , I guess . of the 20'" meetmg , I am going to the second part of my presentation here . how this lends to a much bigger Issue The Nat iona l Night Out program. part of the Neighborhood Walch Program , Is a huge program And It really works, that's the great thing about it Yet for some reason and some way th is program has virtually disappeared over the last three years . Now, I did hear at
a couple Council meeting where there were meetings In the community and what not but , you know , I talked to
my neighborhood block capta in on my block and said , well how are things going . They said , oh , we haven 't
received any communications from the City in three years The block parties that we had th e last three years
were on our own accord That's concerning , That Is 1nterest1ng . that a program so important to the community ,
so important to bring this commun ity together, is disappearing , it's dissolving before our eyes Now just lo make
sure , I requesled ... an Information request lo the Safety Services Department .. requesting each and every one
of the block captains . a list of each and every one of the block captains in the City . I received 4 pages . I don 't
think th is is complete . There are many, many more blocks in this City than the re are names listed here . None
of them include addresses . so I wasn't able to really confirm any of these . But . this is it? Four pages? Wha t's
happened to this program? You know . I look al what 's happening with Council . They are so interested in
enforcing codes . So interesteJ in passing new laws that tell people how they can park on their prope11 ; ~r what
they can and can't do on the ir own property . Yel a program that really did a good Job bringing this community
together is be ing overlook ed I th in k there is a mismatch in prloritoes here . guys . So , you know, I'll actually
confess to one thing with the Neighborhood Watch program . Shortly after I moved to th is City and shortly after
actually , the very first block party I went to ... Neighborhooc Watch Block Party ... there was a ... how can I say
th is .. a disa ster al my house There was an emergency that ha~pened at my house . Thankfully I wasn 't there
when th is hap pened , because I likely wouldn't be stand,ng here right now . But regard less . when this occurred
my block knew exactly what lo do They knew to call the police . They knew who I was . They knew my fu ll
• name They knew my phone numbers . They knew how lo contact me and they knew what to do. And I
contnbule lh at to two things , first of all I have the greatest group of ne ighbo rs that anybody cou ld eve r ask for on
that block . But , second of all , I contribute lha l to the success of the Neighborhood Wa lch program . And again ,
where is it? What happened to ii? Why isn't ii a priority? So , I conclude th is evening, by saying , guys it 1s lime
to step up to the plate . Let's fix th is program Let's find out why there are only four pages of block captains here
and why my block capta in and many other block captains in the City haven't received anything from the City in
years . And second of all , come on . this Is an easy issue with the plaques You 've got the voice of 57 people
that wan t to see those plaques ... all of them on disp lay It doesn't matter what they look hke They wanted to
see every single one of those plaques and they should be displayed here where the community , the people that
worked so hard to win those awards , can see them and have something to work towards and look forward lo in
the future ... maybe will get the award in 2010 . There is a pretty ~ooc chance that unless miracles happen here
in 2009 . we are probably not go ing to get one this year either . But, maybe we 've got someth ing to work towards
in 2010 now Thank you
Mayo r Woodward said tha nk you .
Recognition of Unscheduled Public Comment
(a) Jerry Furman, an Englewood resident. said I want to tell you guys that on May 9. 2009 . at
Englewooc High School . there is a Speci al Olympics meet and I really would like to see some people come and
watch the athletes compete . And that's ii Council Member Penn said Jenry , what time? Mr Furman sa id at 9
o'clock m the morning
Mayor Woodward said thank you Jerry .
(b) Rick G1lhl , an Englewood res iden t, said I appreciate Council taking th e time to hear us aga in
• One or the items I have , just as a citizen , 1s I understand my Council , since I've been paying attenhon You
know how it 1s , once you pay attent ion then 'h1ngs kind of come lo light If you're not paying attention , you don't
know what happens . you don 't know what lo think Our Council has gone to Washington . D C for the past
couple of years that I know of I don 'I know how long II has been go ing on , but I guess 11 has been goin g on for
awh il e And I was 1usl wonuenng . because I know I haven't heard anythi ng fro m the las t year. formally . other
than we know we heard from some or the kids wh o went last year But I know we haven 't heard anyth ing
Englewood City Council May 4, 2009 Page 4 formally from lh1s Councd announcing heres what we learned nere's whal we spen1 wen over S20.000 00 of the C,ty s money for, here's a benefit that I think our cIhzens are go,ng to get out or this As a resident In the City I know that our C11y 1s go,ng through some hard times, I sal through some of the budget mee1Ings lasl week and I know these are tough 1,mes Obviously, there had to be real real important reasons for this Counol to decide to spend the City's money 10 go to Washington. DC I don't know whal that reason ,s You know rumor 1s lhal you guys had a greal vacal,on I m sure you did some busmess, but wouldn 't 11 be n,ce for you to announce on this night we are going to give a synopsis of what happened ,n Washington, 0 .C , why 11 was so
important for the City, why 11 was so ,mportant for my Council member to go Why 11 was so ,mportanl for the
Mayor, who also went It would iust look really nice lhat the City not say we are ,ust go,ng to take your money
but we are go,ng to give you a n,ce presen 1a110n on lhat as well rve been keeping track and ff ,. ••~per ·-l
apologize, but I Just haven't seen II happen So, I want to ask thal Council kind of give us a little ,.~~~le ~oo
something formal. something nice. maybe something the citizens can ta ke home wllh them . and say you ,new,
for the last two years 111s over $40,000 00 worth of City money 1 ·11 a businessman. I hal"' ," · •·.,x ,, "'
people who give me money to do business with them It ,s noce thaL , .11. know. you gu• ,a .,, • ;, IOf us
You represent us. you represen t our desires I iust think it would be a nice thing to do Anc •r.,•+ , /OU
could even make an announce ment that on this night, we are going lo give an updal e of Nall •A •ague cf
Cities and why that 1s Important to us The second thing and I am going to make ,t brief. I know my rive
mmutes are up, or jusl about up I heard a concern,ng stalement conung oul of our Study &>s.s,on lhe other
night or a couple of weeks ago, or one or our Council members concerned about some things on the l~lemel
I even brought pages of Internet to show, I would remind Council that this Is slill a free riuntry. We still have
the rlghl lo freedom of press We sllil have lhe nght lo express our Ideas The more you hear about you on the
oulslde , the more you should understand that you are not leU,ng us enough II you give us what we are looking
for. Just talk to us. Mr Oakley, you are my representalJVe not once have you said, RICI< I would hke to lalk to
you Not saying that you have .J ... bul II probably would have alleviated a few things .. say you know I hear
about you, you're my conslituenL lei's talk I have ta lked to a couple or the othe r members up here.
Understand, we live in a country where we still have a nghl lo talk I IJVed ,n Europe under soc,allsm I hved
where you couldn't have the freedoms we have I def,n1tefy appreciale that here And you know. I heard a
slalemenl that Thomas Jefferson said ·people who fear the government are people who bve ,n tyranny but a
people whose governmenl lears them. are people In llberty' I hope lhal we s1I11 have liberty in lhls country
Thank you
Mayor Woodward said thank you
(c) Jeny Furman said one more lhing I ta lked 10 a bunch of you guys about t he place, by my
place, that ,1 looks llke a fence has been knocked down And I showed lhe p,cture lo this olf,cer rlghl over here,
the Cruel of Police, who 1s the head or Code Enforcemenl I told three people about this and nothing has
happened over lhere and I wanled lo know why Because there have been people living over there and I am
guessing they are spending the night ove r lh ere .,, ma ny times and it is Just gelling . 1f we keep doing 11, the
cnme rate of Englewood Is going 10 go up. because people are homeless, they need l he money l oo and they
find ways to sleal things and stuff We are losing money because of that one htUe fence that has been knoci<ed
~own I have a p,cture on my cell phone I will show you guys Is 11 okay ,r I approach the bench? Mayor
Woodward said yes, you may approach He passed his cell phone around
Mayor Woodward ,aid while you are do,ng that. I would like to ask Commander Condreay evidently you have
!Biked to Mr Fu1man regarding this? Commander Condreay said yes s11 Mayor Woodward saJd an1 maybe we
can tum this into a Council request I don't know what this specific problem or issue ,s
C,ty Manager Sears said we can follow up. you know lhe address and we can report back to Council on 1h15
Council Member Penn said do you have the add1ess? Comments were made, but they were not audible
Someone said 11 Is the Seminary
Mayo, Woodward said okay Mr Furman, we are go,ng lo have a Councd request
feedback so Counol knows exactly everybody knows whal you are d1sc"ss11·19
Mr Furman said you 're welcon,~
•liat and get some
J thank you
•
•
•
Englewood City Counril May 4, 2009 • Page s
•
8 Communlcallons, Proclamations and Appointments (a) A Proclamation de•I~rl11g Eugene Otis as the 2009 Englewood ( 11 ,~n of the Year was r.onsldered
Mayor Woodward read the proctamaoon in run
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASllN SECONDED, TO DECLARE
EUGENE OTIS AS THE 2009 ENGLEWOOD CITIZEN OF THE YEAR.
Mayor Woodward asked if there were any comments
Mayor Woodward said I would just like to mention that former Mayor Otis has obviously been In the community
a long lime. He came on Council and was selected Mayor and served as Mayor for 8 years which , in my mind ,
Is quite a feat Having known him . I got to know him through Lions Club over the last few years and ullhzlng
him as a mentor he Is someone that 1s truly an Englewood person He ,s one of those righl-down-to-earth
people that understands what volunteenng Is what suppo111ng the City and c.:-,,·munity 1s My congralulabOns
go out to Mr. Otis.
Mayor Woodward said If there are no other comments, please vote
Vote results:
Motion earned
Ayes
Nays
Council Members Penn, McCashn, Moore, Woodward, Jefferson.
Wilson. Oakley
None
Mayor Woodward said I just want to menllon that next Monday at the Malley Center, I believe It Is 7 o'clock,
there will be a celebration for Mr Otis, celebrating him as our Citizen of the Year 2009.
(b) A ProctamatJon decianng the week of Ma) 17 through 23, 2009 as Natlonal Public Wol1<s Week
was considered
COUNCIL MEMBER WILSON MOVED, AND COUNCIL M' •~BER McCASLIN SECONDED, TO DECLARE
THE WEEK OF MAY 17 THROUGH 23, 2009 AS NATION IL PUBLIC WORKS WEEK.
Mayor Woodward asked if there were any comments
Mayor Woodward said I here is just a couple of things that I want to read here ... that I really want to acknowledge
Public Wol1<s, because they are the people that are out there that a lot of limes we all see their results, but a tot
of tunes we don't know who they are or what they have done They are an Integral pan of our citizens every day
lives Slreets, celtainly deaning streets our Servieenter roung our equ1~nl maklng sure that the equipment
Is working, providing and domg the type or worl\ that prepares parks and other things, medians withm the
streets, those types of things. I also want to mention that the effectiveness of our facilities and the planning and
the design and construction Is likely dependent upon the efforts and skill of the Public Works officia ls. We have
some very excellent, very uedlcated and some very long-term employees that come from Pubhc Works And I
think It also rnentJons here that cit12ens of the City of Englewood are welcome to come and v15rt local Public
Works Departments and better famUianze themselves Wl1h the important safety 1nfoonation arid services
provided by these public s&rvlces So. those are my comments
• Mayor Woodward asked if there were any funher comments Wayne, I know you certainly spent a long time
there
Council Member Oakley said yes, 43 years I am glad to see everybody here tonight from P• ohc Works I am
sure the peop le reahze that behind the scenes these things are going on When they gel up In the morning alter
Englewood City Council May 4, 2009 Page 6 a big snow storn and the streets have been sanded and plowed that there are a lot • i eople those people and people lhal support those people They are all domg their 10b and they are getting i adequate wages . but nevertheless they are dedocaled lo the~ work too And I appreciate them Councd Mtmber McCashn said wel, I was going to wa,t until the end lo say this. bul I know that my wife. who Is the Pnndpal of Bishop Elementary, really wanted m fact she sent her thanks. over dinner tomght, over lhe phone 10 everyone, but supplying the mulch for the community garden at Bishop School and III lhe past you
guys have been great I mean, any time , you know .. we talked about the relat10nshlp ,n our community between
the City and the schools, and we have never had any Issues You guys have been wonderfu l I would like lo
extend my gralllude and my wife's grahtude for everything you guys do I mean ·: from the bottom of my heart
because, you know, my wife's sehool ,s kmd of ,n a It IS not the most updated school and It IS ,n a part of town
lhat is kind of old You know, we dre worlllng on ii bul we appreciate all the help you guys have done I can't
tell you how much she appreciates what you guys have done Thank you so much
Mayor WoodWard said ,r L~ere are no other comments, please vote
Vote results:
Motion earned.
Ayes Counctl Members Penn. McCasl,n , Moore, Woodward, Jefferson,
Wilson, Oakley
Nays· None
Mayor Woodward said I have a prodamaliOO for Director Kahm He said have them all come up They have
been here a long time and you are all very deserving Rick, maybe you could introduce everybody.
Director Kahm said thank you This IS Jim Kavlf\sky, he oversees the ServiCenter and Bu11d1ng Operallons;
Ladd Vostry ,sour Traffic Engineer; Brad Hagan , our Acting Streets Manager, Pat White, who runs the Garage
Missing this evening is Dave Henderson, who runs the Engineering group Thanks fo r your recognlt10n, we sure
appreciate ,t There was applause
9. Consent Agenda
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (a) (I), (II), 9 (bl (I), (II), (Ill), and 9 (c) (fl.
(a) Approval of Ordinances on First Reading
(1) COUNCIL BILL NO 16, fNTROOUCED BY COUNCIL MEMBER t:,JORE
A BILL FOR AN ORDINANCE AUTHORIZING A ·u cENSE -CITY DITCH CROSSI NG AGREEMENT" TD
PUBLIC SERVICE COMPANY OF COLORADO TO INSTALL ELECTRICAL LINES, IN CONDUIT UNDER rHE
CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH BETWEEN XCEL ENERGY SERVICES
INC. AS AGE NT FOR THE PUBLIC SERVICE COMPANY OF COLORADO ANO THE CITY OF ENGLEWOOD,
COLORADO.
(11) COUNCIL BILL NO 17, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE APPROVING AN INTE RGOVER NMENTAL AGREE MENT (IGA) FOR MUTUAL
AID/AUTOMATIC AID AGREEMENT (FIRE) -2009, BETWEEN THE CITY OF SHERI DAN ANO THE CITY OF
ENGLEWOOD, COLORADO
(b) Approval of Ord,nances on Second Reading
(1) ORDINANCE NO 10, SEHIES OF 2009 (COUNCIL BILL NO 12, INTRODUCED BY
COUNCIL MEMBER MOORE)
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Englewood City Council May •• 2009 • Page7
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AN OROINANCE AMENDING TITLE 5, CHAPTER 15, SECTION 4, SUBSECTION G, PARAGRAPH 11 PERTAINING TO PAWNSHOP LICENSE FEES ANO CHAPTER 16, SECTION 4, SUBSECTION G, PARAGRAPH 10, PERTAINING TO AUTOMOBILE PAWNBROKERS LICENSE FEES, OF THE ENGLEWOOD MUNICIPAL CODE 2000 (ii) ORDINANCE NO. 11 , SERIES OF 2009 (COUNCIL BILL NO 13, INTROOUCED BY
COUNCIL MEMBER OAKLEY)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "COLORADO
BROWNFIELDS REVOLVING LOAN FUND MEMORANDUM OF AGREEMENT AMENDMENT 3"
PERTAINING TO THE COLORADO BROWNFIELDS CLEANUP REVOLVING LOAN FUND BETWEEN THE
CITY OF ENGLEWOOD, THE CITY ANO 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 IBE COLORADO HOUSING ANO FINANCE AUTHORITY ANO THE COLORADO
DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT
(Iii) ORDINANCE NO 12, SERIES OF 2009 (COUNCIL BILL NO. 14, INTRODUCED BY
COUNCIL MEMBER PENN)
AN ORDINANCE AUTHORIZING THE APPLICAT ION FOR ANO ACCEPTANCE OF AN
INTERGOVERNMENTAL GRANT "RECOVERY ACT JUSTICE ASSISTANCE ALLOCATION" BETWEEN THE
CITY OF ENGLEWOOD AND THE EDWARD BYRNE JUSTICE ASS ISTANCE PROGRAM,
(C) Resolulions and Motions
(I) RESOLUTION NO 37, SERIES OF 2009
A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE "SUMMER
FOOD FOR FINES" PROGRAM FROM TUESDAY, MAY 26"' THROUGH SUNDAY, JUNE 7, 2009
Vote ruulta:
Motion carried
Ayes: Council Members Penn, McCasfin, Moore, Woodward , Jefferson,
WIison, Oakl,iy
Nays None
10 Public Hea ring Items
No public heanng was scheduled before Councd.
11 Ordin ances, Resolution and Motions
(a) Approval or Ordinances on Fnl Reading
(1) Director Fonda presented a recommendation from the Utiloly Department to adopt a bll for
an 01d1nance authonz,n,i a Big Dry Creek Interceptor maintenance fee increase. He said a number of years
ago, we had to pay for repairs to the inlerceptor. We set up tap fees to finance that, with the anticipation of not
only rebuilding the Interceptor, but also setting up permanent financing to maintain it Southgate District actually
really up-fronted the money that we needed, while the lap lees car:1e in . We collected the tap fees, we rebulll a
lot of the sections of the in terceplor that needed to be rebuilt And then we had some money left over from the
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tap fees At that time, then we went back and started mai ntenance fees and they have been adjusted from time
to time Right now the recommendation Is to ra ,se the maintenance fees from al/out 10 cents a thousand
gallons h.> 15 cents a thousand gallons, whleh would typically raise a bill from S9.00 to $12.00 a year. In the
area of the City , that Englewood Is, 1f d flows ,nto lhe Interceptor from Englewood and 1s not in a spec,f,c district,
we ixllected enough tap fees that have been rebated to our fund that at this point we are shit paying lhese
maintenance fees and not charging the cu stomers for them and that will probably yo on for anolher ten years
Eng lewo od City Council May 4, 2009 Page 8 We acIually received quIIe a b11 of mone '.• aboul $30 ,000 00 lo add 10 the S 100.000 00 we have ,n the bank with 1he units that are being buil t over here al Hampden and Santa Fe That is ,n that area also So , al th ·s time we are recommending thal the fee be raised from 10 cents to about 15 ce nts actually , rou nded off, 11 w,11 be 11 ce nts to 16 cents , at th is time , to continue the maintenance of this ope rati on thal Is partly managed by the Southgate Sanitat,on D,s tnct , it's part of lhe,r contract COUNCIL MEMBER OAKLEY MOVED , ANO COUNCIL MEMBER McCASL IN SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (i)-COUNCIL BILL N0.11 .
COUNCI L BI LL NO 1 1. INT RODUCED BY COUNCI L MEM BER OAKLEY
A BILL FOR AN ORDINANC E AUTHORIZING AN AMENDMENT TO THE 1990 BIG DRY CREEK
INTERCEPTOR AGREEMENT REGARD ING FEES
Mayo r Woodwa rd asked if there was any discuss ion The re wa s none
Vote results :
Mo tion carr ied .
Ayes : Council Members Penn , McCashn , Moore , Woodward, Je ff er son,
Wilson , Oak ley
Nays : None
(i i) Director Gryglew ic1 r,, csenled a re comme r,dation from the Cily Cle rk 's Office and the
Elect ion Commiss ion lo approve a bill fc. .• ~ ordinance amend in g lhe Eng lewood Mun icipal Code 2000 to adopt
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a proced ure for Protests of Proposed Ba llot Titles and/or Submission Clause for Initiativ e, Refere nd a and •
Refer red Measures according to State Statu te s He sa id the State Sta tutes prov ides that protest of ballot titles
be conducted by local ch art er, ordina nc e or reso lul1on Currently . the Cit y does not address this is sue The
proposed la nguage that will .:e adde d under § 1-8 Mun ic ipa l Elections, addresses protest of ballot titles
COUNCIL MEMBER McCASLIN MOVED , ANO COUNCIL MEMBER PENN SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (1i)-COUNCIL BILL NO. 15.
COUNCIL BI LL NO 15 , INTRODUC ED BY COUNCIL MEMB ER McCAS LIN
A BILL FOR AN ORDI NANCE AMEND ING TITLE 1, CHAP TER 8, OF THE ENGLEWOOD MUNICIPAL CODE
2000, ENTITLED "MUNICIPAL ELECTIO NS " WITH THE ADDITION OF A NEW SECT ION 8
Ma yor Woodwa rd asked 11 the re were any questions
Mayor Woodward said I 1ust wan t lo reitera te that this ,s somet hing that is in the Colorado Revised Stat ute,
which we do no t currently address with ., our Charter
Vote results :
Mo tion earned
Ayes Council Members Pen n, McCasl,n , Moore , Woodwar d, Jefferson ,
Wilson , Oakley
Nays : None
(11i) F,re Chief Pattar ozz1 presented a rec ommendation from the Fire Departmen t to adopt a bill
for an ordrna nce approving an Intergove rnme nt al Agreement wi th the City and County of De w er regard ing an
Urban Area Secunty lnobat,ve . He said this will update an agre ement tha t the City has previously made and it •
would allo w for the City and Cou nty of Den ve r to be lhe purchasing and coordinating age nt for the Urban Area
Security lnit,allve Grants (UA SI Grants )
COUNCIL MEMBER OAKL EY MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (iii) -COUNCIL BIL L NO . 18.
Englewood City Council May 4, 2009 • Page9 COUNCIL BILL NO 18 INTRODUCED BY COUNCIL MEMBER OAKLEY A Bill FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT (URBAN AREA SECURITY INITIATIVE) Bt1WEEN THE CITY ANO COUNTY OF DENVER, COLORADO AN U THE CITY OF ENGLEWOOD, COLORAC'O.
Mayor Woodward asked Ir there were any questions or comments
Mayor Woodward said jusl a questiOn on the $700,000 00 tor the upgrade to our Safely Services
commuNCation syslems, a few years ago. got us up to, whal was tt .900 megahertz? I mean lhat was part of
that improvement Chief Pattaroul sa,d 800 megahertz, yes sir Mr WooJward said that was odlrectly a resun
or the Columbine tragedy and It allowed police departmenls throughout the r1etro area to stort m•1ng able to
communicate with each other. Chier Pallarozzi said police and fire. Mr. Woodward said police and fire, yes .
Chie! Pattaro~ z• said yes sir lhat Is 001Tect In addroo,, lo that, we have benefited lrom several other grants that
have come through you also. Mr Woodward said nghL
Mayor Woodward asked II there were any other comments l'here were none.
Vote •aault.:
Ayes
Nays
• Motion earned
Council Members Penn, McCast-n, Moore. Woodward , Jefferson,
',"lilson, Oakley
None
(iv) Emergency "1anagement Coord1nalor Green presented a re :ommendallon from the Fire
Department to adop! o bill. for an ord,nanoe ror the acc:eptance or a 2009 Emergency Management Performanoe
Granl awarded to tre C4y or Englewood by the Stale or Colorado in the amount of $26,200 He said I would bke
to recommend approval or Council Bad 19 Tllis is to accept tile State grant ror S26,200 00 as offered by the
Colorado Division ol Emergency Managemenl And what this fund Is for, ii will provide us w,tn funding so tllal
we can have a part Ume person lo assist with Emergency Management both In writing of the disaster planning
and coordinating resources and communicaUons in the departments, that are specifaca ll y disaster related, as
well as, equipment and upgrades ror the area that we use as an emergency operation center during a disaster
And lo finally provide ror training both ror emergency managemern personnel and olhef personnel throughout
the City that ls speafic to d1sasler related response tecovefy
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Iv)· COUNCIL BILL NO. 19.
COUNCIL BILL NO 19, INTRODUCED BY COUNCIL MEMBER WILSON
A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT
'STATE OF COLORADO OEPARTMEN r OF LOCAL AFFAIRS EMERGENCY MANAGEMENT
PERFORMANCE GRANT (EMPG) AGREEMENT WITH THE c,n OF ENGLEWOOD"
Mayor Woodward asl<ed if there was any d1SCUss10n
Council Member Penn said yes Steve on th•~ with the grant, is that going lo be someone that os already uooer
our employment or will II be someone new? Mr, Green said for the s:amng? Mr Penn said yes. Mr. Green s.ild
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we currently have a part-lime person who works with me She ,s so lely runded through grants, through this
grant program and It wou ld extend her employment with us as long as she is willing and we do have rundlng
ava•l~t le Mr Penn said okay, thank you
M21 11 \ Joodward asked If there were any other questoons or comments There were none
Englowood C'lty Council Miy •. 2009 Pago 10 Vol~ results: ~ lotion carried Ayes Council Members P~nn. McCasl, 'Aoore. Woodward , Jefferson, WIison . Oakley Nays None (v) Director Gryglew,cz presented a recommendat10n from the Finance and Adm1nistrat1ve
Services Department to adopt a bill for an or~inance authorizing the Issuance of no more than S3,055,000 10
General Obligation Bonds tor vancus Wate, Fund capital projeds He said this is a biU for an ord,nance Issuing
up to 3 m1lhon dollars In General Obligation bonds for various water projects Back on November 4, 1997. the
cItIzens authonzed the City to Issue up lo 15 1 mi llion dollars in Genera l Obllgalion Bonds Since that time the
City nas issued well In 2004 the City issued S3,550.000 00 This is an issuance or up lo 3 million dot.lars It IS
anbc1pated that another Issuance may happen In the next two to three years tor up to 4 m,mon dollars Earlier
this )ear. Council passed Resolut,on No 3, which allowed the City to reimburse itself from the proceeds of a
Mure bond issue. whleh Is th,s one. which Counctl will be voting on These are General Obl•galion Bonds.
which mean s, that the tun faith and credit ot the City Is backing these bonds, which helps tower the rates, but It
Is anticipated that water revenues will pay the full debt seMce over the term of these bonds.
COUNCIL MEMBER PENN MOVED, ANO COUNCIL MEMBER MCC ASLIN SECONDr :>, TO APPROVE
AGENDA ITEM 11 (a ) (v) • COUNCIL BILL NO . 20.
COUNCIL BILL NO 20, INTRODUCED BY COUNCIL MEMBER PENN
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A BILL FOR 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 WAT ER SYSTE M AND AUTHORIZING THE LEVY OF PROPERTY TAXES, IF NECESSARY,
TO PAY SUCH BONDS. PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS IN CON NECTION
THEREWITH, AND APPROVING OOCUMENTS RELATING TO THE BONDS
Mayor Woodward asked Ir thern were any quest10ns There were none
Vote ros ults:
Ayes Councd Members Penn. McCashn. Moore . Woodward , Jefferson.
W~son. Oakley
Na)s None
Motion carried
(v1) Director Gryglewiez presented a ,ecommendatr.>n from the Finance and Adm,mstratwe
Services Department to adopt a bill for aI, o: Jinance approving the leaseJpurchase of equipment for the Fire.
PollCe, and lnforrnabon Technology DepartmenIs He said there 1s a three year component of tlus tor the Fire
Oepartmenl which Is basically self-contained breathing apparatus I should ment,on that there ,s a possiba,ty
that this equipment w,11 be pa,d by a grant that we ~re working on, so ,t may be pulled from th,s The other
component of this. a,e taclJCal vests for the Pollet> l'lepartment The other portion ,s for mobile data term,nals
personal computers and what ,s called a \OIP, a VOICC over mIerne1 p,otocol , which ,s basically a phone system
that works over lhe internet Those w,11 all be Issued on a three year lease and the payments w,11 not exceed a
monthly payment of over$ 20,000 00 riot to e.'Ceeed three yeais tor a pfincipal of not more than $625,000 00
And, these werE included ,n the 2009 budget
COUNCIL MEMBER McCASLIN MOVED, ANO COUNCIL MEMBER OAKLEY SECONDF.O, TO APPROVE
AGENDA ITEM 11 (a) (vi)· COUNCIL BILL NO. 21.
COUNCIL BILL NO 21 , INTRODUCED BY COUtlCIL MEMBER McCASLIN
A BILL FOR AN ORDINANCE OF TH E CITY OF F.NGLEWOOD AUTHORIZING ANO APPROVING THE
LEASE-PURCHASr or CERTAIN EQUIPMENT ~OR CITY DEPARTMENTS AND PROVIDING DETAILS IN
CONNECTION WITH THE LEIISE-PURCHASE TRANSACTION
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Eng lewood City Council May 4, 2009 • Pa ge 11 Mayor Woodward asked ,r !here was any d,scusS1011 01 questoons There were nonP Vote results:
Mobon carried
Ayes Council Men-,!lers Penn, McCashn, Moore, WoOdward, Jefferson, WIison, Oaki,,y
Nays None
Directer Gryg lew,cz sald thank you
(bl Approval or Ord111ances on Second Read,ng
There were no add itional llems submitled fer approval on second reading. (See Agenda llem 9 -Consent
Agenda.)
(c) Resolubons and Mobons
(I) Deputy City Manager Flaherty presented a recommendation rrom lhe City Manager's Olfice
lo approve a resolution or support for lhe selection or Am~,esco as the City's Ene rgy Services Company. He
said earlier thls evening, and In previous Study Sessions, Counal has discussed lhe selection of lhe energy
seMCe company. The selecbon was made by staff earlier last monlh The determination was made at lhat time
to select Ameresco as our energy service company. Although this is not a lormal requlremen~ because lhere is
a greal deal w~rk to g~ 1n10 this berore lhe lechnical energy audit Is app:oved, Ameresco asked ror a resolution
• of support ror staff sci .tlJn , The cosl or lhe energy audit, which would be l he first eleme nt, is approxlmale ly
$35,000 00 of which 1Y<>uld be rolled 1nl o an energy pertormance contract and/or paid ror through grants and
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rebates
COUNCIL MEMBER WILSON MOVED, AN D COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I)· RESOLUTION NO. 38, SERIES OF 2009 .
RESOLUTION NO 38, SERIES OF 2009
A RESOLUTION SUPPORTING THE SELECTION OF AM ERESCO, INC AS THE CITY OF ENGLEWOOD'S
ENE RGY SERVICE COMPANY (ESCO)
Mayo, Woodward asked if there were any comments.
Council Member Wilson said good Job great JOb Deputy City Manager F"1herty said lhank you
Council Member Jefferson sa,d I am exclled lo see lhls program move forward
Mayor Woodw1rd saKI I would hke to secontl what J~I and Joe said I lh1nk !here 1s only truly only an upside
on lhis. tr the ESCO energy audll comes out as we beheve 11 will, 11 will save the Crty and its citizen's money
over lhe long lerm, so great job M1k~
Mr Flaherty said lhank you
Vote res ults:
Mobon earned
Ayes.
days
Council Members Penn, Mccaslin, Moore, Woodward , Jellerson.
WIison, Oakley
None
(It) F,ro Chief Pallarozz, presented a recommendation from the Fire r.e;.;i•tmenl lo
apvove. by mo11on, lhe purch ase of a 2001 Chevrolet C-4500 Wheeled Coach medic appar a .,s ror the Fire
Englewood City Council May 4 , 2009 Page 12 Depa~ment Staff recommends awarding lhe coniract 10 the lowest acceptable bidder , Wheeled Coach in lhe amount ors 135 313 He said I am he re tonight lo seP.k approval by Council by mot10n. for the purchase of the 2009 Chevrolet Wheeled Coach medic unit or as the Mayor said an ambulance This apparatus Is 10 replace an apparatus thal Is 9 years old and has approx imately 72 ,000 mdes on It This purchase continues the cycle thal we have estabhshed over lime w1lh havrng apparatus in service for 9 years before replacement This Is Iha low bid and we have used Wheeled Coach before and we have been very happy with the~ product
Councd Member McCaslm said you mean replace, so. I mean. 11 looks hke In 9 years you have on ly pul on 8000
mdes ng:tl Choe! Pattarozz, said thal 1s cottecl that Is 8000 mi!es a year Mr McCashn said ,s thal high for an
emergency vehicle' Chief Pattarow said JI Is h,gh although lhe mileage mrght be low, you also have t'> factor
•n the lacl thal lhere Is a lot of idling time We don '! turn th em off when we are on ihe scene necessarily And, It
JS getting to lhe porn! that after 9 years they are p,etty tlfed and ready lo be replaced Maintenance costs start
escalallng grcally Mr McCashn said l~ank you
Counal Member Oak ley said I would like to comment that. this many years and thal many miles on this type of
vehicle ,s it makes 11 ready for replacement These vehlCles take a oeatIng Obv1011sly, they are al disaster
areas In all kmds or weather and they do lake a bealing , so this apparatus , I am sure, Is re:,•y for replacemenl
Council Membe r Mccaslin said I appreciate lhat because I wish I could gel 8,000 moles p· r ,·ear Mr Oakley
laughed Mr, Mccaslin said I would be really happy
Mayor Woodward said, quI1e !rankly, I think most of thOse 8,00!l mites per year are all in.Cdy Chief Pattarozz1
said yes sir, lhey are . Mr Oak ley said for the most part they are City of Englewood miles ... so lhey are some of
your harder moles as opposed to mostly hrghway m,les
Council Member Penn said ooes lh1s comu w1lh any new uodates, new technology that we haven't had before?
Chief Pattarou, saJd we wdl be adding some technology ourselves. that will be improved and we have been tho
recipient of some other granlS lhe Power Pram Grant thal I think we have spoken about before and I/longs
hke lhal Bui lhe apparalus, itself, Is really fairly slandard Mr Penn said okay
COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITE M 11 (c) (11)-THE PU RCHASE OF A 2009 CHEVROLET C-4 500 WHEE L ED COACH MEDIC
APPARATUS FRO M WHEELED COACH, IN THE AM OUNT OF $135,313.
Mayor Woodward asked 1f there were any further d1scuss1Qn or comments There were none
Vote results:
Mallon earned
Ayes Council Members Penn . McCaslln, Moore , Woodward , Jefferson ,
Wilson, Oakley
Nays None
<••J Director Fonda p,esented a recommendallon l•orn the UM11ies Oepanmenl lo approve, by
motion. the purchase of a KOMATSU WA200.S Front Wheel LM:IAr wilh an optJOnal fork lrom the lowest
acceplabl,;, bidder, Power Motive Corporaloon, in 11,e lolal amo, of $98,598 19 He said lh1s machine w,11
replace our current front-end loader We use ii p,lnc,pally al lhe Allen Plan! to mJve the Allen sludge over lo 115
:lry1ng and loading areas for disposal It ,s also used for a numbe, of olher things when needed It is 14 years
old and It wou ld normal:y be replaced one year from now, but II broke d~wn and became inope rable And so, al
thos tlllle. mosl of the money ,s in there from the CERF fund some ol th" difference is beong paid ror by UtJhtJes
and by Parks !:o, the funds are available to purchasP. ,t The lowest Dtd was $98,598 19 and we recommend
purchase of the KOMAT SU Front Wheel Loader
COUNCIL MEMBER MCCASLIN MOVED, AND COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE
AGE NDA ITEM 11 (c) (II') -THE PURC HASE OF A KO MAT SU WA200·6 FRONT WHEEL LOADER WITH
AN OPTIONAL FORK FROM POWER MOTIVE CORPORATION, IN THE TOTAL AMOUNT OF $98 ,598.19.
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Englewood r :ty Council May 4, 2009 • Page 13 Mayor Woodward asked tr !here was any discussion There was none Vote results :
Mouon carried.
Ayes Cou ncd Members Penn , McCashn, Moore. Woodward , Jefferson, WIison, Oakley Nays None
(111) Directoe Blacic presented a recommendation from lhe Parks and Recreation Depa11menl lo
approve, by motion, authon2at1on for C,ty staff lo apply for a Cond1bonal Use Permij frocn lhe Englewood
Plann1n,1 and Zoning Commission lo locale a community garden at the Englewood Depot oroperty He said the
Depa! property ,s currently zoned M-U-RJ•A In oeder foe the convnumty garden lo be i.xaled on lhe Depot
property, the submitta l of an application , review by the Development Revle'W Team, and a heanng befoee the
Planning and Zoning Ccmmisslon would have lo lake place .~r Conditional Use on the property. The City would
be the applicant foe !he Conddional Use Permit. A Conditional Use submittal would aocelerale lhe p,ocess foe
fund raising 10 begin lh,s summer in order lo help defer the cost of the community garden. This would also allow
the Community Garder ' 1lnlstratlve Steering Committee to move forward with their discussions for
partnership wrth Denver Urban Gardens Oenwr Urban Gardens Is a non-profit organization U-al has planr d
and constructed community gardens across the entire metro area In add~ion. I would reque;t as part ol lhe
r,Y,r on .. there Is a Conditional Use Permit •ee of $500 .00. I would ask for Counclrs conslderat,on to wa ive that
feo • efore the Planning and Zoning He said I would be happy to answer any quest,ons you may have
; .'l,NCIL ME.MBER JEFFERSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO
A;-1 ROVE AGENDA ITEM 11 (c ) (lv)-AUTHORIZATION FOR CITY STAFF TO APPLY FOR A
• CONDITIONAL USE PERMIT FROM THE ENGLEWOOD PLANN ING AN D ZONING COMMISSION TO
LOCATE A COMMUNITY GAi'W EN AT THE ENGLEWOOD DEPOT PROPERTY AND A WAIVER OF THE
$500.00 PERMIT FEE.
Mayor Wc'>dward asked if there was any discussion.
Council Member Jefferson said I lhmk this rs a great Idea for our community here. II adds a sustainable food
source In the community and may provide some free vegelatles f.:,r some local food banks and prov,de some
fresh fl),)d for our own community
Councrl Member Penn said I too think ii Is a great idea and hopefully we can forward and gel this gomg next
summer
Mayor Woodward said I would just like to acknowledge Pants and Recreahon and Jill for lhe wont lhal she has
done and the citizens, the Cultural Arts Commission, Parks ano Recreation, Keep Englewood Bea u~ful and a
number of p<rvate cibzens that have been 111volved with th,s 111 promot,ng ,t and we are go,ng lo make "
happen
Couool Member McCaslNl said there are two cij1zens here Marty Mosman arid Susan Bayless Mayor
Woodw11rd said and Jen Enger Mr. McCasl,n said oh, Im sorry yes The senior citizens come out and they
are very positive, serving on the commlllees and do the nghl th ings We appreciate you. Mar1y, you bring
wonder!~! treats co your comr11ttees, we apprecia•e that BU1 I really do app<eclate your 11/ne and efforts and
yourcomm11men1 to what you do for the C1ty of Englewood Thank you very much , all of you
MdyOf Woodward asked ,f there were a1y other comments or discusSJOn There were none
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Vote rnults:
Ayes
MolJ0fl earned
Nays
Council Members Penn. McCashn. Moore, Woodward Jefferson.
Wilson, Oakley
None
Engle wood City Council May 4, 2009 Page 14 [),rector Blaci< saod thank ) ou very much 12 Gonoral Discussion (a) Mayor's Choice (1) Mayor Woodward said w1thIn oor packet there was a letter or an email from a Cllizen
regarding 3750 South Cherokee Street I JUSt want to ask a Cooncll request from the Cny Managers offJc~ or
Crty Attorney's office as to whether thal home thlS ,s a home that suffered a fire and ,s basca1y condemnoo.
as I understand It if there ,s something we can do to relieve and expedite the cleanup and removal or that
particular piece or property or cl the things on lhal property? I think this c1tIzen has documented very well about
the concerns or what Is there
(11) Mayor Woodward said the next Item Is that I want to acknowledge. there were two. in
the tast couple or weeks, volunleer apprecialions One was at the Malley Senior Center 2nd the other one at the
Lib<ary, thlS past weekend I want to pubhcty acknovil:ldge !hose volunteers that realty put ,n and dedicate
themselves, literally, ~·s over a tho\ sand hours II IS I the thousands or hours that they give up their bme and ~
realty makes a difference. I think . al both the Malley Senior Center and certair,ly at the Library So. I Just publ,cty
want lo say than k you to them They really do a great job
(iii) Mayor Woodward said I just wan t to men t10n that the Farmer's Market was Saturday
and I'm sure that Randy has some things to say about it I enjoyed 11
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(IV) Mayor Woodward saod yesterday morning the South Suburban F oundat,on dedicated
the trail that starts at the Mary Carter Greenway. at the Platte River. and goes from Shendan through •
Englewood, through Lrttteton, through Greenwood Village, and into Centennial 14 miles to the Highhne Canal
It is the fi rst time that the City of Englewood has had an actual pedestrian,b1cycle trail from Englewood to the
Hig hllne Canal That one last missing hnk, wh ich was directly sout h or Kmart. ,s now complete and open and It
is really a very , very pleasant area At least the part I have been on. which Is from the Mary Carter Greenway all
the way up to the apartment buildings In Englewood II Is a really nice. pleasant place So, I would encourage
people and lMcycle nders and runners to take advantage or that I know Bev Bradshaw. former Mayor and
Council member here and who Is l)lesodent of the Foo'ldat,on , has been -.orkmg they've worked on thlS. I think
d's been 12 to 13 years So, congratulallOns to them
(b) Council Members Choice
(I) Council Member Penn
1 He said Int of an . I would hke to thank Mike for sending that inlormat,on on the graffiti camera That
helpr J lot Thank you
2 He said I thought we had an update on c nglewood Night Out. but Ii we could do a Council request agam
and get an update on 11 for where we are at for 2009, and what's going on with that piogram. so that we can
have some answers for Matt and get thal bac~. to him
3 He 53,d don't forget to go support Jerry a"'1 all of his other athlebc friends up at Englewood High
Schoo' Saturday morning at 9 00 am . for Spectal Olymp,cs We1 get there
4 He satd I too would like to congraIulate the volunteers of the Englewood Library They put m thousands
of hours down there and they do a great )Ob That's one of the good programs that we have go,ng with
volunteers
5 Ho said for Mr G1lht we have lned to put that on our Agenda 2 or 3 limes in our Study Sess10ns, and
poss,bty we look at doing maybe JUSt a single night or s,n, le ~me when we can all present because there are
some ,mponant things 'hat we need to get back to you pe,,pte I'd like to know where all or the parties are
because I think t nIss all of those m Wash,rg!'ln. DC Councd Member McCashn said I do too Council
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Englewood City Council May 4, 2009 • Page 15 Member Penn continued saying I ,honk Id hke to do !hose bul if you know where they are at lei me know Maybe we can IOOk al lhal as a Council and S'!e 11 we can pul n on JUSI one sect,on where we can ac!ually talk We have talked abouI lhal and each Council member was supposed 10 lake a d1fferenl tome at each Sludy Session and unfortunalely we always seem to be running oul or I1me So, IIIs on our Agenda and 1t does need 10 come back 10 you So hopefully wo can do lhat
6 He \aid the lasl one ,s the Farme(s Mar1<e~ out first one for Englewood ,n many years II came off II
was a httle cool Saturday morning. but we had a lot of people there I would like to thank the Crty or Englewood
for helping me, for walking me through all of lhe different things that we had to do Make sure Kerry you go
back and lell everybody thank you. because I am not a good leader In that kind of stuff So everybody walked
me through all of the p1ocesses and I really app1ecIale thal It was a very good one and ll ,s supposed to be 80
degrees out next Satutday Ptoduce ,s nol here yet I wish ,t was But, hopefully ,n another 2 to 3 weekS ,t wiH
be here Thank you
Mayor Woodward said there was some produce there Council Member Pen n agreed that there was some
ptoduce
(n) Council Member McCasbn said that only thong Rock , I'd like to say about the
Washington, O C trip Is that I've been there lhree years now and con11nuIng educat10n, I think, In any profess,on
Is very important If you are professional In your trade, you probably have some sort of co,,l in uing education I
know thal I have been In recreatiOn, educat10n, the insurance business and telecommunications and there Is
always some sort of conbnu,ng educauon I thonk lh1s ,s a great contonulng education piece 101 eounc, people
In fac1, I feel ptoud because I iust passed the firs~ bronze level IOI lraining, IOI attending classes So trusl me,
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there is a lot of learning going on And all of the partying, hke I heard someone else say, I'd like to know where
they are al because I missed lhem Thank you for bnng,ng them up I'd love to share If you'd like 10 call me
I've got two pages of everything I've wr,tten out, Just to summarize some of lhe classes that I have taken I'd be
mote than happy lo shate thal 111fonnation Like Randy said. we were going to 1o t~·• at Study SesS10ns. bul It
keeps be,ng bumped every t,me Thank you 101 your concerns If you would l•~e to w lk about ,t anytime. lel me
know Thank you
(111) Counci l Member Oakley.
1 He said I'd hke to say that I did m,ss the trail dedicatJon yeslerday morning, because of some other
family obt19at10 ns But I'm sure thal section or the trail, being very d1fficun to construcL plus some land
acquisition problems, has held It off this IOng It ,s a greaI facility . I've been down there and IOoked at ,t, but I
Just wasn't able to attend yesterday morning
2 He said gelling back to Matthew's comments about the plaques I don't remember us discuss,ng each
,ndividual plaque and ,ts cond1t10n Old we do that at a Study Session? Mayor Woodward said yes, 11 was
broughl up There were some that were mentooned ... l had mentioned that there ,s one lhat was chipped and
one that was . I thin~ Mike had mentioned, thal there Is one that ,twas pretty we ll beat up Council Member
Oakley said Okay I guess I e,ther spaced that 01 something, because I don't remember that. Then again, that
was one of lhe reasons why ,t wasn't displayed? Couool Member Wdson said the ones that were damaged
Council Member Oakley said the ones that were damaged weren't displayed? ts that how 11 turned out? Ms
Wilson said I thmk Mayor Woodward said I don't know Coty Manager Sears said I don't know We can do
some follOw up on that Council Member Oak ley said and also. I know that I have a copy of that petlllon
somewhere. but I don't remember, It may be my poor mem01y, but them specifically say,ng that they had to be
displayed on this bu11d1ng, so I'd like a feedback on that
3 He said the other thing, the genUeman from my dislnct What Is your last name s,r? From the audience
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he replied Glllit ,,Ir Oakley said okay, because I know you pronounced ii one way and then another We
haven't talked I have. obv,ousl), several thousand people m my d1sIrict and I don't know exactly how I'd contacl
!hem personally BuL I w,I It.II you this everyone who conlacts me I give them all the tome that they need lo
talk w,th me and I .wufd ,: , the same w,th you
Mayor Wood ward said th.: .. you Wayne
Englewood City Council May 4 , 2009 Page 16 (iv) Council Member Wilson 1 , She sa id I JUSl have a couple of things First, the Farmer's Markel was excellent I am looking forward to more of the people getting there with their produce I thoug ht that this Is goin g to be a big asset 2 She satd I am looking to,ward lo the c:immun1ty garden and the other green th,ngs we are doing., the
Coty I'm thrilled With all ol those
3 She said I do want l o hear about Neighborhood Walch and an updat~ on that alo ng w,lh Randy
Mayor Woodward said before I call on Joe, I Just want to congratulate Joe on passing the bar There was
applause Council Member Jefferson said that Is very n,ce of you, Your Honor Thank you so much
(v) Counctl Member Jefferson
1 He sold to Matthew, thank you for your comments aga,n about the National Night Out Awards
probably would have liked to have seen them m this building as well . but as I made the comment last week , we
do have a process for making decisions and sometimes we do have to live with the decisions that are being
mao~ I will agree with you that 1t probabl) lends to a hrJe btt btgger stluatJon of what's goong on w1lh the
N~lron.:il Night Out program generally I lhtnk ti IS an imponant resour;:e and an asset to the community
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~-He said., ,lo Rick, you're sort of 11mely because tonight, I was slated, at leasl, to be the first to present •
S<Jrt of what you learned or what are some of the Important things that you are bringing back lo the com munity
from the NLC conference Unfortunately, we dtd run a ultle bit tale on our Study Sess1011 Agenda this evening ,
so I wil be presenting that m two weeks at the Study Session Maybe Randy's comment that perhaps maybe
we block out half or a Study Sess10n where we can all share om comments maybe that's a better way to do~.
but I will be pr, ,ared to at least present some thoughts two weeks from today It probably won't be
comprehensive about everyth ing tha t went on there, but Just a few points tha t I brought home tha1 I thought were
,nteresting and that I thought could be implemented relatr;ely soon ,n our own community
3 He said and RICk, rn generally agree with you that we do have a great freedom of speech in this
country, People am entitled to their own opinions
4 He said Jerry, hopefully we got your situation handled. We are putbng In a Council Request now so
please let us know 1f you silt tlave some rssues With that go,ng fo,ward
13 City Mana ger's Roport
c,ty Manager Sears did not tlave any •Q helore Counc,I
14 City Atlomey's Roport
City Attorney Brotzman dod not have an y ,11a:ters lo bring before Council
15 Adjournment
MAYOR WOOOWARD MOVED TO ADJ OURN The meebng ad1oumed at 8 50 pm
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PUBLIC COMMENT ROSTER AGENDA ITE'ft 7 UNSCHEDULED PUBLIC COMMENT May 18, 2009
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
ADDRESS TOPIC
l·nglc"c,od homc0\1ncrs lcll t1f1hcir '~igh1marc on l'carl Strc'CI' FACE ~ST~TE , ----I-------Puhlished on Face the State (http ·/lwww.fac:ethesta te.com) Englewood homeowners tell of their
'N~ghtmare on Pearl Street'
By bradJ
Created 05113/2009 • 1 OBpm
Face the State Staff Reoorl
For Englewood families considering opening their homes to an exchange student or two,
they may want to think twice. After fighting city officials for their right to house exchange
students, one couple is claiming their lives have been put under the microscope by city
hall
Englewood residents Laura and
William Bartn ick claim they became
the unfair target of city leaders after
accepting South Korean exchange
students into their home. They are
C ity o f Eng lewo o d t~
Co lorado '1 ~
now enduring their second legal battle against the city, which they allege rs the result of an
organized effort by neighbors to force them out.
In 2006 , the Bartnlcks set their sights on a 900 square foot home on South Pearl Street in
Englewood. Previously a Housing and Urban Development project, their bid on the house
won them the opportunity to fix up tt,e property and expand its square footage to
accommodate the exchange students they welcomed to stay there . usually one or two at a
time .
"It st'lrted with the fact that a South Korean moved into our house and our neighbors didn't
hke that," said Bartnick. "(Our neighbors] started to get the other ne1g' bors involved and
complaining that we were unrelated . They said we were a boarding hou•e. although we
never considered ourselves that."
The Bartnicks live In an R-1 neighborhood , meaning it is zoned only for single family
homes. Currently, boarding houses are only allowed in R-3 . or multi-family home
neighborhoods
According to Deputy City Manager Mike Flah erty , there was a period of time between
2001 and 2007 when R-1 homes could have been boarding homes due to an unclear area
1,up 1 """ facc1hcsw1c.c<1111/prin1/t 608<, 5/tX/2001/
Page 2 of3 of the ordinance that has since been refined Allen White. director of Englewood's Community Development Department. says the city's current zon ing defimt1ons proh1b1t the Bartnicks from housing any fore,gn excha,1ge students . Under Englewood's definition of a permiss ible househo ld io R-1 districts . two types of living arrarigements q11alify either one or more persons re l,ted by blood , marriage, adoption or legal guardianship , including foster childrer,, or two unrelated persons and their children living together .
When asked if any family In an R-1 district could house foreign e~chanse stude;its under
the current ordinance , White said no. "T hey would be in violation of the code under our
definition and we wouldn't have much choice but to forward their case and take
enforcement action." he told Face the State.
The 6artnicks were reported to code enforcemen t and given a warnrng . Compliance would
have required kicking the students out of the ir home. a step the couple declined to take. In
December of 2007, a city court summons was issued , but the judge hearing their case
ruled against the city and dism issed the suit after finding the Bartnicks were not causing
any disruption to the ne ighborhood by hosting th e students .
After seeing the case aga inst them dismissed , the Bartnicks though t the ir battle was over.
They put the finishing touches on their remodel and prepared to move on with their lives.
BL•! the couple's neighb"rs and the city manager Gary Sears . who lives four houses down
the street. were keeping a close eye on their remodeling process .
In early January 2008, they had final inspections by the county . The house was found to
be in su itable condition with the exception of the plumb ing , which the city would not certify,
claiming the cour•e had hired unlicensed plumbers. Less than a week later. the couple
was notified by city officials that all of their building permits had been invalidated.
"When [the county inspector) looked at our house he pronounced It finished. he said we
did an amazing job and really Improved the value of the neighborhood," recalled Bartnick .
Despite the city's refusal to sign off on the project or extend the permits, the couple
decided to st~y in the house and brought In an independent inspector from their bank to
approve the project and finalize their mortgage.
''The bank brought an ir.~ oendent inspector who also said lhe house is perfect and in
good condition." said Bartr•,ck "They signed off on it and gave us a new mortg age from
the cons truction loan. so, ,, moved Into the house and basically we thought the whole
matter was dead in the water.•
The city sanctioned them for not having plumbing up to code The couple maintains that
the bank's private appraisal should be proof enough 1hat the home Is safe and functional.
The case will go to trial in June.
"We have to prove to the city that our final inspectio n is up lo city standards," said Bartnicl-.
about the upcoming trial , "Apparently that's a question for the jury to decide ."
http :l/\\\\\1 focc1hc ,1a1c.c11ni pnnl 16086
Fnglcwood homco,1 ncrs 1ell of their 'Nighunal'I! on Pearl Str.-el' Pat:c 3 of3 Because of the pending litigation, city officials said they are unable to speak abou t the specifics of the car,e. Matthew Crabt,11., is au Englewood resident and director of Englewood Citizens for Open Governmenl He formed th is watchdog group in 2007 after hearing several complaints from citizens. including the Bartnicks, who have had unsuccessful dea lings with various branches of the Englewood municipal government
"It's Just been one thing after another," said Crabtree. "The city council doesn't seem to
understand the whole representative government thing . There is a need for transparency ,
ac.countability and a voice for the citizens of th is community ."
In addition !o fighting against the city's latest allegations. Laura Bartnick is also seeking to
change city policy by way of e oallot initiative , which she is calling the "Englewood
Home0\,-r;er Immunity Bill." If successful in getting the measure on th is year's November
ballot, it "•ould prov ide protection to property owners from an "abuse of process" by city
officia ls .,nd also require the city to pay all legal fees for the homeowner. It would be
retroactive to January 1. 2008, to cover the Bart nicks' case.
To certify lhe proposed language_(PD_F) for this year's ballot , Bartnick will need to collect
968 signatures by early August
City_oi.Englewood Englewood C1t1zens for Open Government Local Govemm1:mt
Property Rigl)ts
Copyright 2007, 2008 Face the State, Inc. Al' Rights Reserved
Source URL (retrieved on 05118/2009. 8:42pm): http;//Www.facethe,la te,com/art,cles/16086-englewood•
ho~O\\'ners-lell-lheir-nlghlmare-pea~-slreel
http:lfaww,foccthcs 1a1c.co mlprin l/l 6086 5/I K/2009
From: Sent: To: Subject: bronco(ancx,@c0lncast.net rma11to·broncdanco@oomcast.net] Tuesday, May 12, 200911 :13 PM Audra Klrlc Resignation letter
This is to officially notify you of my resignation from the KEB. As I said in the meeting there
are health issues that I am going through at this time. II will take me away from most off the
events we have scheduled . I feel that now is the right time to go as council is getting ready lo
select commissioners, so they will be able to fill my position. I really enjoyed my 3.5 yrs on the
commission. Thank you for all your support also.
Tom Rothe
Chainnan
KEB
B a
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ORDINANCE NO. SERIES OF 2009 BY AUTHORITY COUNCIL BILL NO . 11 INTRODUCED BY COUNCIL MEMBER OAKLEY AN ORDINANCE AUTHORIZlNG AN AMENDMENT TO THE 1990 BIG DRY CREEK
INTERCEPTOR AGREEMENT REGAllDING FEES .
WHEREAS, the Big Dry Creek Basin Interceptor is a major trunk line serving the Southgate,
South Arapahoe, South Englewood Sanitation Districts and pan of the City of Englewood for
sanitary sewer traDsjlOn ; and
WHEREAS, the Englewood City Council approved entering the 8:~ Dry Creek Basin
Interceptor Agreement between Englewood, Southgate Sanitation District, South Arapahoe
Saniuuion District end the South Englewood Sanitation District No. I, by the passage of
Ordinance No. 30, Series of 1990, which included "line and advance tap fees" for capital
construction; and
WHEREAS, the Englewood City Council authorized the passage of a Resolution in 2004,
establishing repair, mnintenance end rehabilitation fees for Big Dry Creek Basin Interceptor, end
WHEREAS, the Englewood City Council approved an amendment to the 1990 Big Dry Crcclc
Interceptor Agreement pertaining to those maintenance fees, by the passage of Ordinance No. 26,
Series of 2007; and
WHEREAS, after the completion of three capital projects, Southgate Sanitation District
reassessed the condition of the interceptor end determined that the interceptor has capacity
adequate to meet the existing and future demands and that no funher capital projects ore needed
so that Southgate termlnoted the Advanced Tap Fee collection for capital projects and disbursed
the unused tap fee capital revenues to the participating districts; and
WHEREAS, under the 1990 Agreement, the original financial arrangements to fund the
repair, maintenance and rehabilitation program provided for scheduled periodic increases; the
next increase is to be effective for the 2009 billing period when the per thousand gallon charge
will increase from S0 .108406 to S0 .159123; and
WHEREAS, the Englewood Water and Sewer Doard recommended approval of these
amendments 01 its February 3, 2009 meeting;
NOW, IBEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
9 b I
~-TI1e Cny Council of 1hc City of Englewood, Colorado hereby authon1.es amending • the 1990 Big Dry Creek lntcn:cplor Agreement by accep1ini: the line and tap fee refund and increasing the repair, mamtcnnncc and the rchab11itntion program fee to S0.159123 per thousand gallons per single family cqui\'alcnt. Introduced, read in full, and passed on firs1 rending on 1he 4th day of May, 2009 . Published as a Bill for an Ordinance in the City's official newspaper on the 8th day of May, 2009.
Published as a Bill for an Ordinance on the City's official \\ebsi1e beginning on the 6th day of
May, 2009 for thiny (30) days.
Read by utle and passed on final reading on the 18,. d:ly of May, 2009.
Published by title in the City's official newspaper as Ordinance No.__, Series of 2009, on
the 22nd day of May. 2009.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No._. Series of 2009.
Loucrislua A. Ellis
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ORDINANCE NO . SERIES OF 2009 BY AUTHORITY COUNC IL BILL NO. 15 INT RODUCED BY COUNC IL MEMBER McCASLJN
AN ORDINANCE AMENDING TITLE I, C~:APTER 8, OF THE ENGLEWOOD MUNICIPAL
CODE 2000, ENTITLED ''MUNICIPAL ELECTIONS" WITTl THE ADDITION OF A NEW
SECTION 8.
WHEREAS, Colorado RC\iscd S1atutc §31-1 J.J I 1(4)controls a protest concerning a ballot
utle; and
WHEREAS, that Statute provides that such protests be conducted "as provided by local charter,
ordinance or resolution"; and
WHEREAS, the Englewood Municipal Code docs not currently address this issue and must be
amended to do so.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~ I_ The City Council of the City of Englewood, Colorado hereby authorizes amending
Title I, Chapter 8, of the Englewood Municipal Code 2000 with the addition of a new Section 8,
entitled "Protests of Proposed Ballot Tules and/or Submission Clause for Initiative, Referenda
and Referred Measures'' 10 read as follows:
1-8: MUNlCLPAL ELECTIONS
l.4:l: PCPIC5!§ of PrPPPHd Reller Titles end/or SuhmiHIAP CIIY$C for Ioltlelbs Rctcccede
end Refereed Mcesurcs
Aov Citv of Enslcwood re aistsrcd clec1or desiring to Protest o oroooscd ballot tiJle and/or
submission slauss for anx iniliated or rcfrqed measucs max Ole n written 2mtsst in the office
of tbs Citv Clerk Said notics of Pro1gt §ball AA filed no later than s·oo o m on the Fridav
immediately Preceding the dAIG UP9D which the CitY Council wm C-OMidcr the ordiPADCS OP
final r;adina setting the ballol lillc and/or 1ubmirision clause The notice oforotest shall set
fonh with PMiculvilY the gmug4, oCtbc 2mte1 Such nm1srubnll be heard considcrcd
nod [§QJyqt bx the Citv Council Prior 10 the adontion of said ordinance,
~ Safety Cla~w. The City Council hereby finds, detcmuncs, and declares that 1h1s
Ordinance is promulgaloJ 1u,der the general police power or the City of Englewood. that it is
promulgated for the health, safety, and welfare of the public, and that this Ordi11A11Cc is necessary
for the preservation of health and safety and for the protection of public convenience nnd
welfare . The City Cow,cil further detennincs that the Ordinance bears a nuional rela1ion to the
proper legislative object sought to be obtnincd .
9bii
~ Sevcrabilitv. If any clause, sentence, paragr,iph, or prut of this Ordinance or the • application thereof 10 any pcn;on or circumstances shall for any reason be adjudged by a coun of competent jurisdiction invalid, such Judgment shall 001 affect , impair or invalidate the remainder of this Ordinance or ii applicn1ion 10 other persons or circumslanccs. ~ Inconsistent Ordjnonccs, A.II other Ordinances or ponions thereof inconsis1cn1 or conflicting with this Ordinance or any ponion hereof are hereby repealed 10 1hc cx1en1 of such inconsistency or conflict
~ Effect of repeal or modificatjon. The repeal or modification of any provision of
the Code of lhe City of Englewood by this Ordinance shall not release, extinguish. a her, modify,
or change in whole or in pan any penalty, forfeiture, or liability, either ci\>il ur criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for tt,c purposes of sustaining any and all proper actions, suita,
proceedings, and prosecutions for the cnforurncnt of lhe penally, forfeiture, or liability, as well
as for the purpose of sustaining any ,iudgmcnt, decree, or order which can or may be rendered,
entered. or made in such actions, suits, proceedings, or prosccu11ons.
lnlroduced, read in full, and passed on first reading on the 4th day of May, 2009.
Publi shed as a Bill for an Ordinance in the City's official newspaper on the S'" day of Moy, 2009.
Publi shed as a Bill for rut Ordinance on the City's official website beginning on the 6th day of
May, 2009 for thirty (30) days.
Read by 1i1le and passed on final reading on the I 8" day of May, 2009.
Published by title in the City's official newspaper as Ordi=e No.___, Series of 2009, on
the 22nd day of May, 2009.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis. City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify 1ha1 the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Ill le as Ordinance No. _, Series of2009
Loucrishia A. FIii,
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ORDINANCE NO. SERIES OF 2009 BY AtrTHORITY COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AtrTHORIZING A "LICENSE. CITY DITCH CROSSING AGREEMENT"
TO PUBLIC SERVICE COMPANY OF COLORADO TO INST ALL ELECTRJCAL LINES, IN
CONDUIT UNDER TIIE CITY OF ENGLEWOOD'S RJGHT-OF -WAY FOR THE CITY
DITCH BETWEEN XCEL ENERGY SERVICES INC. AS AGENT FOR THE PUBLIC
SERVICE COMPANY OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Public Service Company of Colorado wishes 10 install electrical lines in
conduit under the City ofEnglewood's Righi-of-Woy for the City Ditch 01 the approximate location
of South Windermere and Belleview Park; and
WHEREAS, the elccuical crossing is to be installed in underground conduit and a1 a depth and
horiwntal separation to maintain clearance from the City Ditch pipe, as required by the Englewood
Utilities Depanmcnt; and
WHEREAS, lhe electrical installation crossing is proposed a1 a scc1ion of the C:ily Dilch localed
approximately at South Windermere and Belleview Park; and
"~REAS, Public Service Company of Colorado assumes full and strict liability for any and
all damages of every Mture to persons or prope"y caused by or in connection with the crossing
installation by Public Service Company of Colorndo; and
WHEREAS, the City reserves the right to make full use of the propeny in the operation of the
City Ditch; and
WHEREAS, 1hc Ci1y retains all righ1s to operate, maimain, install, repair, remove or relocate
any of the Ci1y's facili1ies localed within the City's Right-of-Way; and
WHEREAS, the Englewood Water and Sewer Board reviewed and n:commcndcd Cily Cou:,cil
approval of the Liccnse.("ity Di1ch Crossing Agrccmcnl at their Man:h 10, 2009 mccung;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section ) . The License-City Ditch Crossing Agrccmcnt between 1hc Public Service Company
of Colorado and the City of Englewood, Colorado for crossing under the City Ditch \\1th
installation of elccuical lines, in conduit, allachcd hereto as "Exhibit I," is hereby ncceptcd and
npprovcd by the Englewood City Council.
~-The Mayor is authorized to execute and the Cuy Clerk to aucst and Sc;\( Jlc l.1,:cnsc-
City Ditch Crouing Agreement for and on behalf of the City of Englewood, Colora.k.
Introduced, read in full, and pnssed on first reading on the 4th day of May, 2009 .
9blli
Published as a 81ll for an Ordinance in the City 's official newspaper on the th day of May, 2009 . Published as a 81II for an Ordinance on the City's official website beginning on the 6th day of May, 2009 for thlny (30) days . Read by title and passed on final reading on the I • day of May, 2009. Published by title in the City's official newspaper as Ordinance o. _, Series of 2009, on the 22nd day of May, 2009 .
James K. Woodward , Mayor
ATTEST :
Lou cri shi a A. Ellis, Ci ty Clerk
I, Loucri shlB A. Elli s, City Cl erk of the City of Eng lewood , Colorado , hereby ccn ify that the
above and foregoing is a tru e copy of the Ord inance passed on final reading and publi shed by
title as Ord inance No._, Seri es of 2009 .
Loucris hi a A. Ellis
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LICENSE -crry DITCH CROSSING AGREEMENT THJS LJCENSE AGREBMENI', made and entered into as ofthis==--,-_day o( -e--,--,c---,.-:-,' 2009, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to u "City', and £1 ,0t.ll. 5owcd C,r,eA-~'{ eE CeC.eM.,,.,, A<:a. .. ,.,..,.,.,o Ca~,.o M,1010 herein refrned to as 'Licensee".
WITNBSSE'J'H: The City without any warranty of Us title or intaest whatsoever, hereby
authorizes Licensee, its w=r, assigns, to install electrical line., in coaduit (hereinafter
conduit) over the City's rights-of-way for tho City Ditcll, descn"bed as a parcel of land situated in
tho S ',,1,1 1 I'( o If TH€-5 I=. 1/c; of Section -Y.
Townsbip _ __.5'~,~5~c2-f./..,:JJ,-...'H~ _____ Rango C,,8 W£'7 ofthe
______ .,....,,. ________ .P .M., County of Arapahoe, State of
Colorado descn1>ed as follows:
Soc Attachment A for detailed location drawings and constnlction specifications.
I. Any .:onstruction contemplated or pcrfonued under this Lice= ahall comply with and
cxmfonu to ll&ndards fommlated by tho Director of Utililiea of the City and such
COMrUction shall be performed and completed according to the plans, consisting of one
shoot, a copy of which is attaclied hereto and made a part hereof .
2. Tho Licensee shall notify the City's Director of Utilities at least three (3) days prior to U1e
time of commencement of the construction or, or any repairs made to, Liceruce's conduit
so thaI the City may, in its dii=tion, inspc,:t such operations.
3. Within thirty (30) days from the date of the connnenccment of construction of said conduit
the Licensee shall complete such construction, place and maintain permanent, visibl o
markers , of a type and at such locations as designated by the City's Director ofUtilities,
referring to the centerline of the installation and 1holl clear the crossing area of all
oonstruction debris and restore the area to its previous condition as near as may be
reasonable. [n the event the plunning of the centerline markm and tbe clearing and
restoration of the crossing area is not complCICd within tho time specified, the City may
complete the work at the sole expense of the Licensee.
4. The City sball have the right to maintain, install, repair, remove ar rdocate the City Ditch
or any other of its facilities or installations within the City's rights-of-way, at any tin1e and
in such manner as tho City deems necessary or convenient. The City reserves the exclusive
riabt to control all eMelllCllls and installations. [n the event the condu.it should interfere
with any future use ofU1e City's rights-of-way by the City, the Licensee shall, upon request
and at its sole expense, relocate, rcanange, or remove its installations sou not to interfere
with any such use.
5. Any repair or replacement of any City installatlo!1 made necessary, in the opinion of the
City's Din:dor oflJblities bec.tuse of the cons!ruclion ofthcoonduit or othci appurtenant
installation thereof, shall be made at the sole expense of the Licensee.
.. ;( H I l! l 'J• l
6. The supulation and conditions of this License shall be incorporated into contract spectlications if the construc1i11n herein authoriud is to be done on • contract basis. 7. The rights and privileges (jl'll\ted in lhis License shall be subject to prior a~cemcnts, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's so lo responsibil ity to determine tbe existence of sa id documents or co nflic ting uses or installations.
8. The Licensee shall conuct and fully cooperate with the City's personnel and the
construction ...:J be complettd without inlerfm:nce wi th any lawful, usual or ordinary
Dow of water through the City Ditch. Licensee sball assume all risla incident to the
possible prcseoce of such waters, or of stonn v.-lllcrs, or of suruu waters in the City Ditch.
9. All trencbts or boles within the City's righLS-of-w.y shall be bacldilled and tamped to the
original ground line in layers not to exceed six (6) inches loo•e measure to a compaction of
ninety percent (90%) Standard Proctor Max.imum Density.
JO. Licensee, by acceptance of this Lioen!e, ei:;,ressly assumes full and strict liability fo r any
and all damages of every nature to penon ~r prOperty caused by water fro m the ditch
leaking through the ditch banks or plp~\lne at the point or points where the Licensee
pcrfonns any work in connection with the crossing provided by thi s License. The Licensee
assumes all respo.osibility for maintenance of the Licensee's installation.
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11 . Licensee shall indemnify and save harmless the City, its officers and eroployets, against •
auy and all cl:iims, damages, actions or causts of action and cxpensts to which it or they
may be sui>je::ted by reason of said conduit bemg within and across md under the premises
of the City or by reason of any won: done or omission made by Licensee, its agents or
employees, in connection with the construcuoo, replacement, maintenance or rq,air of said
uut.tllation.
12. lt is expressly agreed that in case of Licensee's breach of any of the within promises, the
City may, at its option, have specific performance thereof, or sue for damages resulting
from such breach.
13. Upo n ubandonment of nny right or priviltgc herein granted, the right of Liccrisee to that
extent ,ball tenninatc, but its obligation to indemnify and save hnrmless the City, its
officers ad err.ployees, shnU not tcnninato in any event.
14. The Wldcnrigned re~rescnts that be is an authori:zed officer ofLiccn.see and bas authority to
eoter into this Agreement on behalf of Liceasce and that Licensee will accept and abide by
all the terms and conditions hereof.
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In granting the r.hove authoriutioo, the City reserves the right 10 make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City. IN WITNESS WHEREOF, this instrument bas been executed as of the day and year first above written.
ATI'EST:
Loucrishia A. Ellis, City Clerk
STATE OF COLORADO
COUNTY OF ARAPAHOE
ss.
CITY OF ENGLEWOOD
By _________ _
James K. Woodward, Mayor
B:
· ey Hill
Title: As Agent or Public Service
Company of Colorado
Xcel Energy Services Inc.
Regional Vice President,
Customa and Community Service
Department
Address: 1225 I '76 Street
Denver, CO 80202-5533
Phone: 303 882-8946
The foregoing License -City Ditch Crossing Agrccmcnt was acknowledged b:fore me this l:t.. day of frP /.I(,.. 2009 by Riley Hill, as Agent for Public
Service Company of Colorado Xcel Energy Services Inc., Regional Vice President, Customer
and Community Scrvcice
My eam.1ane.-ltfNl010
3
Page 1 of LEGAL DESCRIPTION A Strip of Land Crossing the City Ditch being situated In the S.W.1/4 of lhe S.E.1/4 of Section 9, T.5S., R.68W., of the 6th P .M., City of Englewood, County of Arapahoe, Stale of Colorado,
said Strip being described as follows:
Commencing at the S.1/4 Comer ol said Section 9, from whence
the C.S.1 /16 Comer of said Section 9 Bears on o Stole Plane
Bea ring of Noo·o5•3o•E o ground distonce or 1317.59 feet;
Thence N03.36'55"E o · distonce or 743.96 feet to the Apparent
Southerly R.O.W. Lln e of lhe said Cily Ditch ond the Point of
Beginning;
Thence over, under and across said City Ditch and along the
Cen terline of eo id Strip of Land the following four (4) Courses:
1 .) Nos· 40' 40"W a distonco · of 24.08 feet;
2.) No4·50• 47"W o distance of 29.87 feet;
3.) No4·34'48"W a distance of 28.44 feet;
4.) N00'33'51 "W o distance of 40.72 feet to the
Apparent Northerly R.O .W. Line of the said City Ditch and the
Point of Terminus.
RUSSELL SURVEYING
ll•w Oun rm rn.w1
ChorlH H. Ruuell, PLS
P.O. Bo• 1403
Poonio, CO 8 I 428
970 527-5404
---~~-.-.-19'Ct ...... ---,O ... ,..~,.,...., NYICla __ , __ .._Ml!lffnl .. UlilellClfllllf-•al~"'---
.,_.... ....... ._... ... ~Oll,IMIWMIQIJIGla,otq..,...,a-~ •-----tac...ttlll ..... \POl -•IP--..... -.-~IIM'l(W,_ lal),UIIJalantl.f'M>IMIC,...,.ICllll.,._WOi#II__, •• ..., ...... ._
-11111111-.PntM'Ol]ff6,..mffl".&JOt--lOlloi
Pu blio Service Co mpeny Croa■lng the City Dltoh
S.W.1/<I of !ho S".E.1/4 or Section 9 .
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H00'33'6l 'W
NO.f'J4'411~
NO<'IIC'<l'II
NDr-401 4O-W
RUSSELL SURVEYING
lfow Cun. ,~.u maw!
Chorle1 ti, Ru11ell, PLS
P.O. Bo, 1403
Poonlo, CO 814 28
970) 527-5◄0◄
O♦OOJ)
Continuation of
Exhibit A
Page 2 of 3
Public Service Company CroHlna the City Dltob
S.W.1/4 of £he S',E.1/4 of Secllon 9
T,5S., R.68W., 6th PM
City of EnQ l•wood, Aropohoe Count , Colorado
a C SC~£ C MPAtlY
~ ; ~ n e i I ~ • 0 C I I O♦C)O ~ ' I ' ~ l OHO b~ //i
I, ~ 1-o+ao -J ',;;....,--..-;;.: ........ i-;-""';;.;. ---{ -----r--
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')) cm" OITCH CONDlXJ JI H' X "' 00HCMI[
1'1 NOi-J
j ((I I / 1 ♦00
I i l! ,j "I ,_
r--...,. .... NortJ,,w1y lt.O.W. tM. ., the City lllch L ------1 -r--r----,
;ii
I ~ I I 2tt0
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~ I 9 H ~
I -0 (I);::,-~
I :<;i:~ "CJ C.:> t g ~ '
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"'\' I l'"1i 0 I 11 IIUl~ ~~
4--~~ C.:>
0 ......
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RUSSllLL SURVEYING Publlo Service Com~aiz Crossing the City Ditch Haw Oun rm "'1111'11 S.W.1/4 or o .E.1/4 ol Section 9 Chor1es H Ru■HII, PLS
T,5S .. R.68W .. 6th PM • P.O. Box I 40J City or Enolowood, Aropohoe Cou nty, Colorado Poonlo, CO 61426
J.970) 527-5404 '"''""r «gr\, cot PAIN • -,lo2-'1iil-09J-Oi589Eb
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ORDINANCE NO. Sl:RIES OF2009 BY AUTIIORJTY COUNCIi. 811 I NO. 17 IJlffROOUCl:.O BY COUN("ll MEMBER MOORF AN C,RDINAl'\CE APPROVING AN INTERGOVERNMENTAL AGRl:EMENT (IGA) rOR
MUTUAL AID AlITOMATIC AID AGREEMENT (FIRE)-2009. BEi 1\1:1:.N THE Cln' OF
SHERIDAN AND THE cm· OF ENGLEWOOD. COLORADO.
WHEREAS. Englewood is n h·ime rule municipal corporation orga nized and «isling pursuant
to Aniclc XX of the Colomdo Co nstitutio n. its Chnncr and 1ts Ordinances: and
WHEREAS. Englewood's ttnitorial jurisdiction. is in reneral. the lcgnl boundary of the City o f
Englewood. Colorado: and
WHEREAS. Sheridan is a home rule municipal corporauon organized nnd c.,isting pursuam to
Aniclc XX of the Colorado Constitution. its Chaner and Ordinances; and
WHEREAS, e.ich of the parties hereto maintains emergency equipmcm: and
WHEREAS. crnergcnc,es may arise in one or the odicr ofthcjunsd1c11ons resulting in greater
demands llian that jurisdiction can handle. or cmctgcncics of stw:h 111tcn.\1ty may occur !hot they
cannot be handled solely by the equ,pllll.'llt of the junsdic11on of which the emergency oc~urs: and
WHEREAS. it is in the it11crcs1 of each of the panics that they may have se rvice from the other
pany 10 aid nnd as.sis! them for the purpose of fifhting fires or responding 10 other emergencies;
and
WIIEREAS. the Engle"ood Cny Council appm,cd entering a Mutual Aid/Automauc AtJ
Ai:,ecmcm wnh the passage or Ordinance No. 31, Scnes 2007: am!
\VI lllREAS. the passage of thi s Ordinance revises and updates 1hc 2007 Mutual Aid/Automnuc
Aid Agreement between Sheridan and Englewo11d;
NOW, 11 IEREFORE. BE IT ORDAINED 13Y TIii;; CITY COUNCIi OF I !I E on· OF
ENGi EWOOD. COLORADO. AS FOLLOWS
~ City Council of Englewood. Colorado, hereby appm,cs the lntcrgovcrruncntal
Agreement for Mutual Aid/Automnuc Aid A~'l"cc111e111 (Fire) 2009 Between the City of Shcridm1
and the Cuy nf Englcwc:>Od. Colorndo. a copy of wh ich is auachcd hereto as Exhibit A.
~ The Ma)'or 1s hereby authom,ed 10 sign and the Cny Clerk 10 allest said Mutual
Aid/Automallc Aid A1,.,-ecmcn1 (Fire) 2009 for nnd on behal f of the Cuy of Englt.•wood.
Introduced. read m full. and passed on first read111g on the 4th day of May, 2009.
l'uhhshcd as a 13ill for nn Ord inance in 1hc Cny's offic ial newspr.pcr on the 8th day of May, 2009 .
9 biv
Pub lished ns a Bill for on Ordinance on 1hc C11y·, orticial \\Chsi1c beginning 0111hc 6,. day of • May. 1009 for 1hiny (30) day,. Read by 1illc and passc'<l (>n final rcadiug on ~,e Is• day of May. 2009. l'ubhshed by 1111c in 1hc ('11y·s offic,al ncwspaix-r as Ordinance Nr. _. Scnes of2009. on 1hc 22nd day of May. 2009.
ATTEST:
James K. Wood ward, Mayor
Loucrishia A. Ellis. Ci1y Clerk
I, Loucrishfa A. Ellis. Cny Clerk of lhe City of Englewood, Colorado, hereby cenify chat the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No._. Series of 2009.
Loucrishia A. Ellis •
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MUTUAL AID/AUTOMATIC AID AGREEMENT (FlRE) -2009 TIDS AGREEMENT, 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." WTI'NESSETH
WHEREAS, Englewood is a municipal corporation organized and existing pursuant to
Article XX of the Colorado Constitution, its Charter, its Ordinances; its territorial jurisdiction
generally i.s the legal boundaries of the City of&glewood, Colorado, and
WHEREAS, Sheridan is a municipal corporation organized and existing pursuaot to
Article XX of the Colorado Constitution, its Charter, and Ordinances; its territorial jurisdiction
generally is the legal boundaries of the City of Sheridan, Colorado, and
WHEREAS, each of the parties ht reto maintain emergency equipment; and
WHEREAS, emergencies may arise in one or the other of the jurisdictions of the pertics,
resulting in greater demands than the manpower and equipment of the party can handle; or
emergencies of .such intensity may oc:cur that they CIDIIOt be bandied solely by the equipment of
the party in whose jurisdiction the emergency occurs; and
WHEREAS, it is the desire of the citizens of the City of Englewood, as expressed
through the r~ Savices Ddivay Committee, to enter into agreements enhancing the del'.vcry
of emergency scrvices to the City and ill environs, and
WHEREAS, it is to the interest of each of the parties that Ibey may have service of and
from the other party to aid and assist them in the pwpose of fighting fires or ruponding to other
emergencies ;
NOW, TI-IEREFORE, IT IS MU11JALL Y AGREED by and between the parties as
follows:
I . MUlJJAL AW:
I. For and in considtntioo of the promises of Sheridan, hereinafter set forth,
EDglewood agrees with Sheridan that io the event there are emergencies in the territory served by
Sheridan which are beyond the control of the file department of Sheridan, whether because of
ll9e of their equipment at other places or because of the intensity of the emergeooy, or otherwise,
EDglewood agrees, subject to the limitation hemoafteT set forth, to aid aod assist Sheridan by
CIIISiog and pcmiitting ill fire deplrtmmt and ill equipment to be u,ed in respoodioa to
emergencies io the territorial area of Sheridan, and the need for such aid and asslstaoce shall be
determined by the fire depanmeot of Sheridan, subject, however, to the following limitations:
! ~ I T A
Englewood shall be excused from making its equipment and services avoi lnblc to • Sheridan in the event of the need of the emergency equipment and the manpower within the territorial area of Englewood. or their prior use al any place. which decision of availability shall be made by the fire department of Englewood. and which decision shall be conclusive. 2. l'or and in consideration of the promises of Englewood, hereinafter sci forth , Sheridan agrees with Englewood that in the evem there are fires or other emergencies in the territory served by Englewood which are beyond the control of the fire depanmcn1 of
Englewood. whether because of use of their equipment at other places or because of the in1ensity
of the emergency, or otherwise, Sheridan agrees, subject 10 the limitation hereinafter set forth, 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 by the lire division of Englewood. subject. however. to the
following limitation:
Sheridan shall be excused from making its equipment or service available lo Englewood
in the evem of the need of the emergency equipment or need of the manpower within the
territorial area of Sheridan, or their prior use at any place, which decision of availability shall be
made by the fire department of Sheridan, and which decision shall be conclusi\le.
3. The services rendered by one pany to the other are of equal value to the services
rendered by lhc other party, and there shall be no charges made by one pany for the services
rendered 10 the other party, except that in the event of equipment damage by reason of the action •
of employees of the other pany, the liability and loss 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 cKpecled to maintain its equipment and organize its
emergency response with both manpower and equipment to the degree necessary to cope with
the ordinary and routine emergencies arising within its ooundaries and for which the party is
organized. Neither pany shall expect the other 10 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 to meet the respective demands of the persons
and property within each of the panics' respective jurisdictions.
II. AUTOMATIC AID :
City of Sheridnn
II is understood and agreed that Englewood will respond with the appropriate apparatus
into Sheridan as part of the initial response through automatic dispatching by dispatch rcrsonncl
into the below-defined areas.
FIRE RESPONSE
DEFINED AREA: The entire City of Sheridnn .
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The automatic aid response into Sheridan for lire calls will consist of a minimum thn.-c-pcrson company. unless all Englewood lire companies are prcv10usly committed to other incidents. If such is the case. Englewood will immediately notify Sheridan ·s dispatch center of its inability to respond, and will make every elTon to send a company to Sheridan as soon as possible. EMERGENCY MEDICAL RESPONSE
DEFINED AREA : The area bordered by U.S. Highway 285 on !he south, and the
boundaries of the City of Sheridan on !he east, north and west.
The automatic aid res ponse in to Sheridnn for emergency medical service call s will
consist of a minimum three person company, unless all Englewood com panies are previously
committed to other incidents. If such is the case. Englewood will immediately notify Sheridan's
dispatch center of its inability to respond, and wi ll make every effon 10 send a company 10
Sheridan as soon as poss ible.
Englewood's primary apparatus for emergency medical response into Sheridan shall be Squad
22.
City of Englewood
It is understood and agreed that Sheridan will respond with the appropriate personnel and
apparatus into Englewood's response area as part of the initial response through automatic
dispatching by dispatch personnel.
FIRE RESPONS E
DEFINED AREA : The area limited to, but generally includi ng 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 lire calls "ill consist of a minimum three
person company, unless that initial response is previously commiucd to another incident If such
is the case, Sheridan will immediately notify Englewood's dispatch center of the inability to
respond, and will make every effo n 10 send a company to Englewood as soon as possible.
EMERGENCY MEDICAL RESPONSE
DEFINED AREA : The area limited 10, but generall y bordered by :he Plalte River on the
east, and the boundaries of the City of Englewood on the south, west. and north. south of Oxford
Avenue.
Automatic aid response into Englewood will consist of a minimun1 three person
·~mpany, unless that lire company is previously committed to another i11cidcnl. In this instance,
Sheridan will immediately notify Englewood's dispatch center of the inabili ty to respond. and • will make every effort to send a company lo Englewood as soon as possible. m. OTHER PROVIS.IONS: I. Either party hereto may 1cnnina1e this contract without ca use upon th irty (30) days prior written notice to the other.
2. This Agreemen( shall be administered pursuant 10 such written agreements as the
Fire Chiefs of each party deem api,,c1,riate.
3. It is understood and agreed that this Agreement provides for the joint exercise by
the parties of the function or service provided herein, but does not establisl, a separa te legal
entity to do so, oor shall any party be deemed an agent of any other 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 mutual goal.
4. It is understood and agreed that each party's performance hereunder shall be
subject to the annual appropriation offunds b: · its City Council.
5. Each party shall, at all times, be responsible for its own costs incurred in the
performance of this Agreement, and shall not receive any reimbursement from any other party.
except for third party reimbursement under the following paragraph (4), time to time, and as •
otherwise available at law.
6. Each party agrees that, for each call occurrinR within its jurisdiction, for which ii
has requested oc received mutual or automatic Bid, it will reasonably pursue any and all legal
reimbursement possible, pursuru11 to state or federal laws, including but not limited 10
reimbursement for hazardous materials incidents, oocurring within its jurisd iction , 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 lo 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 hertto shall in any respect alter or modi fy the status of officers,
agents, or employees of the respective parties for vurposes of workers' compensation or their
benefits or entitlements, pension , levels or types of training, internal discipline, cenification, or
rank procedures, methods, or categories, or for any purpose, or condition or requirement of
employment. Workers' Compensation coverage sholl be as structured in C.R.S. Section 29-5-
109.
8. It is understood and ,greed by the parties hereto that if any part, term or provi sion
of 11'is Agreement is, by the courts, held lo be illepl or in CO!lOict with any law of the State of
Colorado, the vali dity of the remaining portions or provisions shall not be alfectcd, and the rights
end obligations of the parties shall be construed and enforced as if the Agreement did not contain •
the particular pan. term or provision held 10 be invalid.
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9. Each and every lcnn , provi•ion, or ccndi lion herein is subjccl 10 and shall be consirued in accordance with lhc provisions of Colorado law, 1hc Charters of 1he parties and lhe ordin ances and regulations enacted pursuant therelo. I 0. fhis Agreement shall be binding upon the successors and assigns of each of lhe parties here10, except 1hat no party may assign any of its rights or obliga1ions hereunder. wilhout lhc prior written consent of all of lhc parties.
11 . It is expressly understood and agreed !hat enforcement of !he 1enns and condil ions
oflhis Agreement, and all rights of action relating to such enforcemenl. shal l be strictly reserved
10 !he named parties herelo, and nollung contained in this Agreemenl shall give or allow any
such claim or right of action by any other or third person or entity on such Agreement. h is !he
express intention of the named parties !hat any person or entity other than lhe named parties
receiving f.':rvices or benefits under !his Agreemenl shall be deemed to be an incidental
beneficiary only.
12. Any party hereto may tenninale its participation in this Agreement wilh or
wilhou1 cause upon thirty (30) days prior written notice to each of the other parties.
CITY OF SHERIDAN
By:-,---------
Mary L Carter, Mayor
ATTEST:
By: ________ _
Arlene Sagee, Ci ty Clerk
APPROVED AS TO CONTENT:
By:-----------
Ron Carter, Fire Chief
APPROVED AS TO FORM
By: ________ _
William P. Hayashi , City Attorney
CITY OF ENGLEWOOD
By:_
Jal!les K. Woodward, :1ayor
ATIBST:
By: _________ _
Loucrishia A. Ellis, City Clerk
APPROVED AS TO CONTENT:
By: _________ _
Michael Pallarozzi , Fire Chief
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Blue = Englewood response Into Sheridan, EMS calls .
Red = Sheridan response Into Englewood, EMS calls .
Blue= Englewood response Into Sheridan, Fire calls .
Red = Sheridan response Into Englewood, Fire calls .
c.1r.n00n
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ORDINANCE NO. SERfES OF 2009 OY AlffHORrrY COUNCIL BILL NO. IS INTRODUCED OY COUNCIL MEMBER OAKLEY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT (URBAN
AREA SECURITY fNITIA TIVE) BETWEEN THE crrv AND COUN rv OF DENVER,
COLORADO AND THE crrv OF ENGLEWOOD, COLORADO.
WHEREAS, the Denver Urban Security lnitiath-c grant process began ,n 2003, and continued in
2004, 2005, 2006, and 2007; and
WHERE;' .S, the Englewood City Council authorized a Urban Arca Security Initiative with Denver
by the passage of Ordinance No. 20, Series 200 '., and
WHEREAS, the City and County of Denver, through the State of Colorado, has cooperatively
worked to identify and include those jurisdictions and public snfety and health agencies contiguous
to Denver that should be included in a jc-ir.t effort to prepare and plan for potential terrorist and urban
area events; and
WHEREAS, approximately ~ I 5 million was awarded to this regional effort in 2003 nnd
approximately SS million in 2004; and
WHEREAS, Englewood has been a very active panicipant in this process, having helped develop
the strategic pla'.1, and the communications plan, <Jld is preparing to coordinate the public
information efforts; and
WHEREAS, to date, Englewood has also been identified to receive over $700,000 for an upgrade
to our Safety Services communications systems; and
WHEREAS, by the approval of this Ordinance the City Council of the City of Englewood
authorizes an intergovernmental agreement with the City of Denver for the purpose of becoming a
panicipating partner in the Urban Arca Security Initiative as required by the United Slates
Department of Momelnnd Securi ty m,d 1he State of Colorado Office of Prqiarcdncss, S<.-curity and
Fire Safety;
NOW, THEREFORE, BE IT ORDAINED BY THE crrv COUNCIL OF Tl IE crrv OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Scctton I. The lntcrgo\'crrunental Agrceme<,t (Urban Arca Secunty lrutantl\·c), anached hereto as
Exhibit A, is hereby accepted and approved by the Englewood City Coc•ocil.
Section 2. Pursuant to .'\nicle V. Section 40 of the Englewood Home Ruic Cha11cr, the City
Council has determined that Exhibit A, attached to this Ordinance, shall not be published
because of its volwne. A copy is ovniloblc in the Office of the Englewood City Clerk .
9bv
~ 3. The Mayor and Ci1y Clerk arc authorized 10 execute and auest s.11d Agrecmcm for and • on behalf of the City of Englewood. Introduced, read ,n full. and passed on first reading on the 4th day of May, i.ll09. Published as a 8111 for an Ordinance in the City's official newspaper on the s• 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 tbiny (30) days .
Read by title and passed on final reading on the 1 s• day of May. 2009.
Published by title in the Cily's official newspaper as Ordinance No ._, Series of2009, on
the 22nd day of May, 2009.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, Ci1y Clerk
I, Loucrishia A. Ellis. Ci1y Clerk of the Ci1y of Englewood. Colorado, hereby cenify thal 1hc •
above and foregoing is a true copy of the Ordinance passed on final reading and publishe.:l by
1illc as Ordinance No._, Series or2009.
Loucrishia A. Ellis
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INT ERGOVERNMENTAL A GREEM l.:NT (Urban Area Sec urity lnitlalive) TBlS INTERG OVERNMENTA L AG REEMENT dated ____ __, 2009 is between the CITY AN D COUNTY OF DENVER, a municipal corporation of the State of Colorado ("Denver"), and the CITY OF ENGLEWOOD, a municipal corrs::,tkm of the State
of Colorado (that municipal corporation, the "Sub -grantee"; that intergovernmental agreement,
the" Agreement").
RECITALS
A. In 2003, 2004, 2005, 2006, and 2007 the U.S. OHS awarded Urban Area Security
Initiative grants to Denver that were passed through to Denver by the State of
Colorado.
8 . The S14te passed those UASI funds through to Denver pursuant to the Master
Contract dated May?, 2003 and that terminated on May 7, 2008.
C. The State will no longer pass individusl UASI grant awards through a Master
ContracL 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 $1 •
and Denver in the (orm of a Grant Agreement.
D. The pwpose of the UASI grants is to allow the Denver Urban Area to prepare for and
to enhance its czpacity to prevent, mitigate, respond, and recover from terrorist
attacks involving chemical, biological, radiological, nuclear or explosive
("CBRNE") devices; respond to natural disasters; and if such incidents occur, to
improve the ability of state and local emergency personnel to respond to them.
E. The U AS! grants contemplate that Denver and local governments will cooperate in
the purchase of emergency responder equipment , planning, conducting and
evaluating CBRNE exercises, establishing CBRNE-relatcd trnining, planning
associated with the completion of the Urban Area Homeland Security Strategy, and
management and administration associated with the implementation of the overall
Urban Area Security Initiative for the benefit of the entire urban area.
F. Denver and jurisdictions in the Denver Metropolillln Arca have formed the Urban
Area Working Group to achieve the purposes of the UAS I grants_
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IIUASI-IGA-Cilyo(~
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G. As Denver continues to be an eligible recipient ofUASI gran1s, Denver will continue to be responsible for ucquiring equipment and procuring necessary training ror the needs identified by the Urban Area Working Group. H. Consistent with the principles set forth therein, the parties enter this IGA.
NOW, THEREFORE, the parties hereby agree as follows:
l. PURPOSE. The purpose of this Agreement is to implement the scope of work and
project summaries set forth in CKh Grant Agreement, and in a timely manner complete the work
as set forth therein, and to implement and achieve the project goals and objectives as set forth in
each Gran! Agreement The Grant Agreement for FY 2008-2009 is incorporated and a partially
eltecutcd a. ,y of it is attached as Exhlbit A. Upon execution of each furure Grant Agreement,
without further action, upon the effective date of each future Grant Agreement, each will be
incorporated by reference in to this Agreement. As the recipient of the UASI grants, Denver has
undertaken responsibility for administering the UAS I grants and for procuring equipment,
supplies, and training in accordance with a budget and priorities established by the Urban Area
Working Group with the concurrence of Denver as the Core City and County. The parties enter
intc:, this Agreement to accomplish the purposes of the UASI grants. The availability of funds and
the tenns of this Agreement are subject to each Grant Agreement and to the applicable federal
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and state laws, ru.lcs and regulations governing those agreements. •
2. DEFINITIONS.
•· Bylaws means those of the Urban Area Working Group, including duly authorized
and executed amendments thereto.
b. Core Ciry is defined by the UAS I grants as the City and County ofDenver.
c. Core Counry is defined by the UASI grants as the Ci ty and County of Denver.
d. Grant Agreement means the State of Coloralic'. Governor's Office of Homeland
Securiry (OHS) Urban Area Securitv !11itia1ive Grant Program Grant Agreement wi't• the Ciry
and Counry of Denver, amendme•,ts thereto. and any successor agr.::ement, through which U.S.
DHS UASI grants are passed ,hrough from the Seate to Denver.
e. Include. includes, a.nd including are to be read as iffollo\1cd by the words
"without limitation" unless specifically qualified by words oflimitJO!ion
f. Parry and parries refer only to a named party to this Agreement.
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1 IUASI-IOA-uty or Englewood •
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g. State means the State of Colorado. b. Srare Administrative Agency Poinr ofConracr means the person designated by the Director of the Governor's Office of Homeland Security (OHS) Urban Area Security Initiative Grant Program or such other person of the State agency. dcpanmcnl, or division duly designated by the State.
i Sub-grantee as used in this Agreement means the second pany member
jurisdiction entering this intergovernmental agreement with Denver.
j. VASI means Urban Area Security Initiative .
k. U.S. OHS means the United States Depanment of Homeland.
I. Urban Area means the City and County of Denver and the governmental or quasi-
governmental jurisdictions contiguous to Denver and other jurisdictions approved by the Urban
Area Working Group consistent with the Urban Area Working Group Bylaws that provide Jaw
enforcement, emergency medical services, emergency management, fire service, hazardous
materials rel.-ponse, public works services, or public health services.
m. Urban Area Working Group consists of representative,; as set forth in the Bylaws,
as the same may be periodically amended. The Urban Area Working Group is responsible for
coordinating development and implementation of all program elements, including the urban area
assessment, strategy development, and any direct services that are delivered by U.S. DHS.
3. ROL ES AND RESPONSIB ILITIES .
a. Urban Area Working Group:
(I) The Urban Arca Working Group is governed by the Bylaws of the Urban
Area Work ing Group and shall perfonn all obl igations under this Agreement in accordance with
the Bylaws. A copy oflhe most recent Bylaws is attached and incorporated as Ex hibi t 8 . For
each USA! grant aworded, and as otherwise may be necessary, the Urban Area Working Group
shall approve a budget for expenditure of funds. The Urban Area Working Group has authority
10 remove any member jurisdiction that does not actively panicipate in the Urban Area Security
Initiative by sending representatives to the Urban Area Working Group meetings or by failing to
fu llill the jurisdictions' responsibilities under this A!,'Tccmcnl.
(2) The Urban Area Working Group shall perform security surveys; needs
assessmei;ts; and shall prioritize supply, equipmen~ training and exercise needs ; and shall
approve a budget for cxpcnditu.rc of UASI grants at least annually.
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I IUASI-Kl,<-Cny offnKJ<,owd
b. Core City and County. (1) Denver shall have responsibility for applying for and securing the UASI grants, for participating as a city and a county in the Urban Area Workhg Group, and for concwring in the budgets appro,·ed b)' the Urban Arca Working Group.
(2) Denver may use funds from the UASI grants for purchasing response-related
supplies and equipment; management a.nd administration of the grant; executing
terrorism/weapons of mass destruction exercises and training, including reimbursement of
backfill and overtime for personnel costs; planning (risk assessment and strategy development);
reimbursement for operational expenses associated with increased security measures during
designated hcig)11cned threat alen levels, includmg overtime costS for personnel and those costs;
and for management and administrative functions for the Denver Urban Aiea.
(3) The parties agree that funds from UASI grants will be spent in accordance
with the applicable budget prepared by tlic Urban Area Working Group and concurred in by the
Core City and County. BudgelS may be amended from time to time in accordance with the
Bylaws with the concurrence of the Core City and County. The parties agree to accept and be
hound by each applicable budget and the uses of the funds designated by the Urban Area
Working Group.
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(4) In accordance with tlie budget and Denver's own procurement laws, •
regulations and policies, from 1ime-10-1i1111e, Denver will procure, or cause to be procured,
supplies, equipment and services deemed necessary to enhance the security and preparedness of
the Urban Area. Denver agrees to grant or provide supplies, equipment, exercises and training, or
10 reimburse operational expenses for designated hcighten~d threat alert levels all as budgeted
and approved by the Urban Area Working Group, 10 member jurisdictions of the Urban Area as
Sub-grantees, subject to UASl grants being received under the Grant Agreement and
appropriated by City Cowicil. Exercise and training r.oslS may indude personnel expenses to
backfill positions during such training and exa'cises.
c. Suh-grantee.
(I ) The Sub-grantee shall:
(i) Participate actively in 01e Urban Area Working Group;
(Ii) Make its personnel, and any supplies or equipment procured with funds
from UASI granlS through each Gr-dill Agreement, reasonably avnilablc
10 other participants in the Urban Arca Working Group for training and
·esponsc to CBRNE incidents;
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11 UASl0 IGA-C11, of En1ltwooJ •
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(iii) Accept Litle to and 10 maintain all supplies and equipment received pursuant 10 this Agreement in good working order for the reasonably expected life-cycle of the supplies and equipment, ordinary use, wear and tear excepted; (iv) Submit requests for reimbursement of exercise, training and operational
expenses, including overtime costs for persoMCI, and those costs
associated with increased security measures duri ng designated
heightened threat alen levels on forms required by Denver and in
accordance with the budget approved by the Urban Area Working
Group;
(v) Provide all supplemental documentation that may be required by
Denver; and
(vi) Maintain all records that may be required by the terms of the VASI
grants and state and fcderol laws, ru les and regulations or by Denver.
(vil) Comply with all terms of each Grant At;t<Xmcnt, including the
requirements of the VASI grants .
(2) This Agreement does not warrant or guarantee that Sub-grantee will receive
any specific amount of supplies, equipment, training or reimbursement. Sub-grantee may
receive more or less supplies, equipment, training or rei mbursement depending upon the
approved budget and Sub-grantee's abil ity to take advantage of the training in a timely ~anner.
3. T ERM OF AGR EEMENT . The term of this Agreement commences January I,
2009 and continues through and including December 31, 2018, unless terminated as provided for
elsewhere in this Agreement.
t / OORDlNA TION AND LIAISON . Denver's point uf con tact for the VAS I grants
is the M'1f\•6er of Safety, who will serve as Denver's representative lo the Urban Area Working
Group. Du-ing the term of this Agreement, Sub-grantee shall fully coordinate all activities and
'-ligations related to or arising out of this Agreement with Denver, including the Denver
M.r,di;cr ~fSafcty or his designcc, or as otherwise directed by Denver.
5. AGREEMENT AS COMPLETE INTEGRATION-AMENDMENTS . This
Agreement is the complete integration of all understandings between the parties. No prior or
contempomneous addition, deletion or other amendment has any force or effect, unless embodied
herein in writing. Amendments to Ibis Agreement will become effective when approved by both
parties and executed in the same manner as this Agreement.
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11 UASI-IGA (',,yo/ Engl<wood
6. TERMINATION OF AGREEME:'IIT. Denver has the same rights 1he State has under Section 17 of the Grant Agreement between the State and Denver, except that it shall exercise those rights in accordan ce with the procedures set forth in this Agreement. 7. STATUS OF PARTIES. Each party is an independ ent contractor lo the other. Neither pany is an employee of the other; no officer. employee, agent or contractor of one pany
is an officer, ell'_,)oyee, agent, or contractor of the other party for any purpose, including
unemployment compensation and workers' compensation.
8. WHEN RIGHTS AND REMEDIES NOT WAIVED. In no event will performance
by a party constirutc or be construed to be a waiver by that party of any breach of term, covenant,
or condition or any default that may then exist on the part of the other party, and the tender ~f any
such performance when any breach or default exists (or is claimed to exist) impairs or prejudices
any right or remedy available to the other party with respect to the breach or default. No assent,
expressed or impl ied , to any breaci of any one or more terms, covenants, or conditions of this
Agreemen t 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 to access and examine any directly pertinent books, documents,
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papers and records of Sub-grantee, involving transactions related to this Agreement until the •
expiration of seven (7) years from the end date of a date of each Grant Agreement from which
Sub-grantee was provided with supplies, equipment., or funding.
10. RECORDS RETE IT ION. For at least seven (7) years from the end date of each
Grant Agreement from which Sub-grantee was provided with supplies, equipment, or funding,
Sub-grantee shall retain all records required for or relating to each such Grant Agreement,
including documentation and records of all expenditures incurred under this Agreement.
Retention for longer than the seven years may be deemed necessary to resolve tlllY matter that
may be pending. This retention is for r~vicw by Denver, the State, tllld federal government,
includi ng any authorized representatives of these governmental entities.
I l. ASS IGNMENT 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 llf 11~ right., or obligations under this Agreement or
subcontract performance obligations wi. ',taining express prior wrinen consent and
approval from Denver and the State ofC.,._ ,u. Consent and approval may not be unreasonably
withheld. Any at1empt by the Sub-grantee to assign its rights or obligations or subcontract
performance obligations without this prior written consent will be void and, at Denver's option,
automatically tenninates this Agreement. In the event of any unauthorized assignment or any
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subcontracting: (i) the Sub•l,'Tlllltee remains responsible to Denver; and (ii) no co ntractual relationship exists between the City and such assignee or subcontractor. 12. lNDEMNITY. To the extent authorized by law, Sub-grantee shall indemnify, defend and hold Denver harmless against any and all claims, damages, liabilny and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by Sub-
grantee, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
Agreement By executing this Agreement containing this indemnity clause, the Sub-grantee does
not waive the operation of any law concerning its ability to indemnify. Nothing herein waives the
rights, immunities, limitations, or defenses afforded the parties by the Co lorado Governmental
Immunity Act, C.R .S. §24-10-101, el seq. as may be amended from time 10 time.
13. CONFLICT OF INTEREST. No employee of either party has or may have any
personal or beneficial interest whatsoever in the services or property descn'bed herein. Sub-
grantee sball not hire or contract for services with any employee or officer of Denver that would
result in any violation of the Denver Revised Municipal Code, Chapter 2, Article IV, Code of
Ethics, or Denver City Charter provisions 1.2.8, 1.2.9, 1.2.12.
14. APPRO PRIATIONS. The obligations of the parties under this Agreement or any
renewal extend only to monies appropriated for the purpose of this AgreCT"lcnl by the Denver
Ci ty Council, paid into Denver Treasury, llDd encumbered for the purpose-, of this Agreement By
execution of this Agreement, neither party irrevocably pledges present cash :eserves for
payments in future fiscal years, and this Agreement does not and is not intended to create a
multiple-fiscal year direct or indirect debt or financial obligation of eithet party. Denver's
obligations under this Agreement are furt her limited to the funds made available pursuant to the
Grant Agreement and budget approved by the Urban Arca Working Group fo r fulfilling the
purposes of this Agreement.
15. TAXES, CHARGES, AND PENALTIES . Denver shall not pay or be liable for any
claimed interest, late charges, fees, taxes or penalties of any nature, except as required by
Denver's Revised Municipal Code.
16. GOVERN ING LAW; VENUE . Each term, provision, and condition oflhis
Agreement is subject to the provisions of Colorado law, the Charter of the City and County of
Denver and the ordinances, and regulations enacted pursuant thereto. Unless oth erwise specified,
any general or spccilic reference to statutes, laws, rcgvlations, charter or code provisions,
ordinances, executive orders (including memoranda thereto), or contrJcts, means statutes, laws,
regulations. charter or code provisions, ordinances, and executive orden (includi ng memoranda
thereto) and contract as amended or supplemented from time to time and any corresponding
provisions of sucoessor srntues, laws, regulations, chaner or code provisions, ordinances, or
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1 IUAS l•IGA-C,tyofEna)ewood
executive orders (including memoranda thereto) and contracts . Venue for any legal action relating to or arising out of this Agreement will be in the District Court of the State of Colorado Second Judicial District. 17. NO THIRD PARTY BEN EFIC IARY . The enforcement of the tenns and conditions of this Agreement, and all rights of action relating to enforcement, are strictly reserved to the
parties. Nothing in this Agreement gives or al lows any claim or right of action by u.i:,, person or
other entity on this Agreements, including subcontractors, subconsultants, and supp::"1'5. Any
person who or other entity other than the parties that receives services or benefits under this
Agreement is an incidental bcne6cil.l) only.
18. SEVERABILITY. Except for the provisions of this Agreement r, quirin~
appropriation of funds, if a court of competent jurisdiction finds any provis •.:,n "' •his Agreement
or any portion thereof to be invalid, illegal, or unenforceable, the validity u l H:r,,11aining
portions or provisions will nol be affected, if the intent of the parties can~ fulfilled.
19. PARAGRAPH HEADINGS. The captions and headings set forth in this Agreement
are for convenience of reference only and do neither define nor limit its terms and may not be
construed to do so.
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20. SU RVIVAL OF CERTAIN PROVlSIONS. The terms of this Agreement and any
exhibits and attachments that by reasonable implication contemplate continued performance, •
rights, or compliance beyond expiration or termination of this Agreement survive this Agreement
and will continue to be enforceable. \Vilh<,~t limiting the generality of this provision, Sub-
grantee·s obligations to provide insurance and to indemnify the City "ill survive for a period
equal to 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 AUTHORITY. The parties represent and assure that each possesses the
legal authority, pursuant to any proper, appropriate and official mo tion, resolution or action
necessary, to enter into th is Agreement. The persons or person signing and ex~"<:uting this
Agreemenl oo behalf of a pany, represent(s) that he or she is fully authorized to execute this
Agreement on behalf of their jurisdiction nnd to validly and legally bind their jurisdiction to all
the terms, perfo,mances and provisions herein set forth. If there is a dispute as 10 the legnl
authority of either the Sub-grantee or the person signing this Agreement to enter into this
Agreement, at ,ts option, Denver may temporarily suspend or pcnnanently terminate this
Agreement or both. Denver will not be obligated to perfonn any oflhe provisions of this
Agreement after it has suspended or tcnninatcd this Agreement as provided in this Agreement
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22 . COUNTERPARTS. This Agreement may be executed in counteiparts, each of which when executed and delivered constitutes an original and together C01L~litu1es one and the same instrument, IN WITNESS WHEREOF, the parties have caused this Agreement 10 be duly executed and delivered as of the dote fir.I above wrinen.
ATTEST:
By:,-,...,,-..,..,.,,,,.....,.-,,-------,----
STEPHANIE Y. O'MALLEY, Clerk
and R,-corder, Ex-Officio Clerk of the
City and County of Denver
APPROVED AS TO FOR M:
DAVID R. FINE, City Arumey for the
City and County of Denver
By. __________ _
Assistant City Allomey
CITY ANn COUNTY OF DENVE R·
By. _________ _
MAY O R
RECOMMENDED AND APPRO VED:
By: _________ _
Director, Office of Emergency
Management
REGISTERED AND COUNTERSIGNED:
By. __________ _
Manager ofFmance
Conuael Con1rol No. XC8A093
By. __________ _
Auditor
"DENVER"
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l lUASl•IGA.CioyolEn11<wood
INSERT SUB-GRANTEE SIGNATURE PAGE HERE CITY OF ENGLEWOOD, COLORADO
James K. Woodward, Mayor ATTEST:
Loucrishia A. Ellis
Cit~• Clerk
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\.., \..,LC.Kl\ I OFFI CIAL COPY I STATE OF COLORADO R(,utiot # (•0.0(10:: [ncumbrancr J98HS'fn 17 Cf'D097.ll6i GOVE~OR 'S OFFICE O F HOMELAND SECURITY (OHS) URBAN AREA SEC URJTY I!\'ITlA Tl\'£ GRANT PROGRAM GRAN T AG REEMENT ~ith City and Co unty of De n,•er
TAB LE OF COI\TENTS
I . PARTIES.·--------------------... -..... _ ... _._ ...... -........... _ .. __ . 2
l . £FFECTT\'E DATE""° NOTICE Of NONLIABILln' ................................. _ ...................................................... __ .... 2 3. RECITALS ....... -...... _____ .. _ .. ______________ .. _______ J
◄. DEFINlTJONS .. ---.. ----· .. ----· ........................... -.... --...... -..................... ____ .............. 2
S. TERM AND EARLY TERMINATION ................................. -................................. -....... ________ J
6.STAT£M£1ffOFWORK .-.. ··----------------------..... 3
7. MAlCHll'IG FVNOS ........................................................................................................................................................ 3
a. GRANTEE FINANCV.L MANAGEME.1-'T---------------.. ·--·-·--·4
9 . PA YMD•TS TO Gl\A)m'E .................. 4
I 0. REPORTING AND ~OTIFJCA TION .............. _ ............................. ____ .......... -.... --........... _ ...... -..... <
l l. GRAJ,,ill RECORDL ............... ________ ----.. · .. --....... -........ ____ 5
12. CONFIDENTIAL 0-rORMATION•STATE RECORDS .............................................................................................. 6
13. CONFLICT OF JNT>".JtEST .............. ___________ ------.. --.. -.... -6
14 REPRESENTATIONS. W.',RRA!-'TIES. Al-'D INSl'Ec:TIO'-S ............................................ --................................ 7
15 . NSURANC'i. •.. _ ............................................................................................ -.................... _ .. __ . __ .. ___ S
16. DEFAUI.T•BREAOl------------·----.... --...... -............................... 9
17. R.E'-IEDIES .................. -........... -......... -.· ................................................................................................................. 9
IB .NOTIC£SANDWR.ESENTATJ VE.S __ ... ___ ., ________ .......... --.......... -._-12
19. GOVERNMENTAL IMMUNITY ----........ _ .. __ ............................................................... -.................. I'
20. MlSC£LI.AN'EOUS ......................... ____ .. ___ .................... -........ -·-·-... -............. -..... _. I'
21 . COLORADO SPECIAl. PROVISJO>-S-.. --.. ·----·---------..... _._ I.I
22. SIGN ATIJllES ............ .. ........................................................................................................ -............................... 17
23. EXI-OBIT A -APPLJC.~ • ..E LA ws ............ __ ... ____ -----------1
24. £XHJBIT B ·STATEMENT OF w oiu; · GRAJIIT APPLICATION ....... -................................................................ I
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EXH I BI T • I A
Po,clofll
I I' u : I I CS ti 1:l· <,f' -\'-' I •\CiKI.J 1 1f •, I t 111.,,11·, r cU:L•Jcd 1n1u hj and bct w~..n CII) arid Count~ ofDen"rr r·Gr.sn1t•t"}. Oh:J 1'•~ STAT£ or' I 1: nR \[1(1 \1hc "SlJ.I L ·1 ;,:ting. t.) and throu;h th~ C,o\ ~mor' ... t•ma-of I l<'ntt°ldlUJ ~;._•cant~ (lhc ··omcc··,. 2 I !Tl C. l'll'E DATE Alm /'IOTICE Of ~ONLIABILJTY. 11 .... c;rJno shall no, bt tfTccti,·e or rnfom:ohlc until apprm-ed and signe<l hy the Ct'loratlo Stoic Controllrr or ,,,1thnr11,·tl d1•lei;11e ("E!fccu,c Dote"~ bul shlll be cfTc:c1i,-. and enforteoblt thereafter in n:cordoncr ·· · · r,c,,·,<ions The Offirc shall not be oblit•led to pa) or rcimbu~ Gr.mitt for ani pc:rfonnance herc:un .. , 11Kludi1t~ but n01 limi1ed 10 LOSts or c-~_p:nses incurred. or ht bound J-.) anJ pro,·iston of1hi Grant pm,, 10 The E!Tectisc D,1t; JY<wldtd. ho11M•cr. 1h01 A. Aul11orbcd h) Fundiu~ o\orhoriry
rr,-ao.•rd """S for arpro,•rd budget line 11em, in 11,c fahil>il B, whic~ arc related 10 .-.icn1o<1 .. , the
Por;onne l and M>n•cemcn1 and Admn11strauon Soluucn Art••· uocurred on nr aftrr Qr·:!1".!-Ll~m.'I~
bc subm,ncd for rcimhu,..mcnt as if incurred a~e, the E!Tccu1•c Date.
U. X11n-Ftdcnl Fo•ds
All or some o(ll,c costs or cxpcns01 incurred by Gnmlee prior tO the Effective Da1c "1tlch have been o:-
will be paid whh non-federa l funds may be included as a pan of Grantee·, non-fed:ral m11ch
rcquire1lle n1. sci forth herein nnd in Exbibll B, ,rsuch com or expenses are properly documented as
clitible expenses in accordance with Exhibil B,
J. RECITALS
A . Aul horll)•, Approprl ■tio o, And Appro,·al
Aulhoriry for 1his Gninl arises from CRS §24 -32-2 101 el ,eq. Au1hori1y exists in the law and funds have
been budgc 1ed, appropriated and otherwise made available and a suffic;enl unencumbered bnlance thereof
remains available for payment and the required approval, clearance and coo r~;n,tion hnve been
accomplished from and wllh appropriate agencies.
8. G1,1nl e.e
Grantee is an eil&ib le rccipie111 ofGr•nl runds mode ftl•ailablc by 1he Progra ., ,. .;; , d ~clow, and
awa rded br ~,is Granl •
(;. l'urposc and Omec's Hole
1110 Office admir.is1crs fund s made available for the plll'J)O$t' of enhancing Homelnnd Sccuri1y-rcloied
prevenlion. response and recovery capabilities througho ut the State.
4, IJCflNITIONS
1l1e follo11ins lemu as used hereto shall mean and hr used. construed, and in1 erpre1cd as follows:
A. EfTcc1ivc D110
EfTi:c1ive Date means !he date this Grant is efTi:cuvo and enforceable in aceordance with f2 above, 11. Cxhibhs
Inc follo11 ing e,hibits arc •~chcd hereto and incotporaled by reference herein: Exhibi l A (Appliablc '-""'s) •nd Eshibil B (S101c111co1 orWor~J-
C. Goods
Goods meoru On)" ph,vsical ilrrn Jl(ocluced or monufactun.d and acquired b~ Grantee either $<poralel) or ,n
conjunction wi1h the Serv,ces rendtred hcrcundor1ha1 are rcqu;· 'Y the pro\'isions t.:rcor. D. Grant Funds
Gront Funds me:ms tht funds 11\'lilablc for di ... 1rih1J~100 i-.' ,~ O!fi~ ll'J Gr:iut1,,•" for \.St in cormtttion \\hh
!ht Project w..scribcd in fahibh B.
C. f'•rty ur Pa rlk•s
Party or rartres me~ns one or both or1hc Office ond Gr:iniec.
F. Program
Program rncans lloe federal or llni. runding (or this Gran1 .
G. Project
Project means the Project descri bed in the Exhibi t D.
Pa ce 2 ofl7
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ii. Projm B,d:r: PrnJ cct liudte• m..,,s th~ f-·~••· Ru!~e, de1:·:!>,i: ,r. C1h1u11 B I. Rccipi•ol Rc-eipicnl mear s an~ ch;1b1t enl1') 10 wh,d1 Gr.mtcl prnnd:!li or .!:55:.;ns :~1.!lp:ncnt or other an,;1 hi : goods procured by G:-antct 111th funds rra:le ,,·a,l1ble und:: :his Gm.,~ J. Scn·ioos Sen ices means SCI"\ •~•s pcrionncd or wigiblo ma1cnal prod>Ccd or dehvtm! in completing the Prc,jw and in ~form.,n~ ~fGrantee ·, other ohh,,uons hcreuruk:-K. Suberao l/Sut,inot•e Subc,ant means any awlld or gJal\1 of (IJWI013J assistance 1r.arle 10 any 01her eligible entity through clus gn,nt Subgrant~ mran• In) rccipiern of a suhj;ran1 mode~, the Graatoe pcr.Ulltlt 10 d,e GIii!\.
L Tcrminolioo no1e
T trminatiDI\ Due mea11.s the date 1h1s 0:-ant t:rrniru1es t! :i~t:il~J ir {S b!-lo1.l..
'1. Work
Worl. m-.1ns the task. Con111e1or is required to perform in order 10 fu lfin iii obligations hereunder.
:-1. Work Product
Work Produc1 means software, rcscan:h, rcpons, studies, d11•. photognphs, n.gatives or, • rn,shcd or
unfinishtd documents, dn,winss, models, surveys. maps. materials. or wo:I. p,oduct nf any ')~.
including drafu. prepared b)' Grantee in completin£ :he Proje:t and in performance ofGra111ee·s 01her
obligations here under.
S. TERM AN D EARLY TERMINATION
A. loitlal Ttrm-Work Commencement
The term or this Grant shall commence on t h• l•t•r ofth• EIT,crh-, D•t• or Februaf\· 15. 2M!>, ind
termin1t• nn Moy 31 , 2011 , unless tcrm irmcd earlier os provided btlow. Grantee·s obligations un der
this Grant shall be Yndcnlken and ptrfarmmd in the sequenct and manner m forth in Exh ibit B
(S1a1emcn1 or Work), Pcrfo""ance or this Grant shall commence 1ts soon tS practicabl• after th• Effective
D11e.
B. Om ce's Optioo tn Ernnd
The Office. In its sole d1met1on and upon ><Tintn notice 10 Grantee. m•y uniluerally e>i end th• term nf
this Grant for a period of up 10 three months under the sam, pro, ision, os th• origin1I Grant. This
extension shall termina1e 11 the earlier of either the end of the thrte month period or when a replacomen:
Grant is signed by th • P1ttles and approv!'d by the Stall Controller or authorized designcc. Any other
e,oension of the term of thil Grant requires an amendment made in accordance with §20 belo~•.
C. Early Ter111ina1 loo
This Grant is 1ubjcc1 lo early tC1Tnin11ion in accordance with fl 7 and §9 below.
6. ST A T EMENT OF WORK
Gran!tt shall complete the Project and perform its other obhiations as described hemn and in Exbibi1 B.
Grantee shall prosc:ute its oblisotions hrcunder1nd in Eibfbit B "ith due diligent, to completion The Office,
•n its sole discretion, but in eccord&,,-, ... 1th lim1t11ions imposed ~y the om« of the State Controller, may
chance bud.,i■r,· lines in th• Project i'•<I ~,. section ofExbibil B. l b< Office ;hall send notice of such cha,,rs
"i thin 60 days in ac::ordance w,th §IS b.low
7. ~IA TCHING n1r,;os
A. Amount
G:untce shall pro, ide •ni· 1cquircd ma1chin11 funds as provided in the f.,hihit B. Grnnt:e sholl rai,e 1~•
iull arnoun1 or r · 11ch111p funds during the term ~f this Gram aid shall repon 10 the Oflk• rej:2rdini; 1he
~tatus or such 1. ds .u required in E1hibil n.
R. Drcacb
Grnniee·s failure 10 raise matching funds, 10 t«p records. itndlor 10 rcpon filly affect its continued
pnnicipa1ion in the Pr~&rim under which this Grar.t operates. In addition. the Office mo)' 1ermina te this
Or.ml 11t1Jer fi 17 hclow, ir1hc Office ha.s rcuonable evidence lh3l Grant~e will be: una.blc to nise ~uc:h
matching funds during lhe l<rm hereof.
Par, 3 of 17
----------~11::H'":::rt=c:n::::n..:.:.~ .. .\ o\tt·u11u1, 1 1;:int: ·,l .... ll m.iull3tn ~''i' -rl) rrtp1:.:d ,1 .. rm111tt, ,,f ( 1ra11' lw1d~. m;,1 hm£ funJ!.. :tnd Nltt"r lt11, ;1'..,·,t•rHll i:d 1••nh 1lit Prt'1Jec1 ,1mJ ,u,d,c 1ho~r rcr,mls .:m11lnhlr 1n IIH: omc:r on request. All n:rcipt:. ;11,J • •.p~1ich1111cs associ:Hed "i1L 1111: I •rujt"cl !i.h:111 be dN'..mncnted in D dt1ailcd and s pe :1fic mann~r. m a .. t:c,rd;mcc \\ilh tht Project Budi;,et 11. l "M•Jt'fl llud:ct Lin• l1tm Adju slm•nls t ,r.1111,·c om) adjust indll'idunl toudget line nonounts "ithin 1h, P1L~ec1 6udge1 only b>· an nmenchncno 111 m·c~nl.,ncc ••ith §20, pro,·ided ho" c,·cr. 1h11 Grantee ma) do i,, toi nolif) int the Office w1tho111 nn .smcndmcrt tf: i . Oucli.:tt Uus r ·rr ,in.• r,c,1 nn, van~fort 11 rn \,:,~·1"tl!n 1d1:1::~i!:tl'l!i:m ~Jd£_ct hr • .:s, :md
ii. Ill% Limil
n,. cumuL,11\'e t,U'l~e,ary Imo 11em chon1...-:: do 1101 u:ce:I I 0% oflhuoial budr<ted amounL
11. I'/, YMCNTS TO GRANTEE
G1a 01ec sht1 II be paid in the following amounts ~nd mann ers. subject 10 return of uny une,:pcndcd Grant Funds:
i\. :Maximum A.mount
The maximum amount J)ll)01ble under this Gran11n Grantee b) \ht Office shall be S6,09J.600.00 as
dc1cnmned h)· lhe Office from l\'lilable funds. The Offict .tall n:imhurse Gnu,1ee for costs approved in
tht Grant budsc1, SCI forth in Esblbll B for the followinsmvices performed, m•iewed, and 6C~ep1ed: or
Good s dclive,ed, inspected and accepicd , purtu.1n1 lo \he pro,•isions of1hls Grant, including without
limitation, porformlllU. quality, milestones and comple1ioa requin:mcn!S for payment sci forth in Esltibil
B. and the Office's inspection and accepwicc rights in §14 below. S11i,f1c1ory pcrfr,nnance under the
tenns oflhis Grt1ll shall be a condition precedent 10 the Office's oblign1ion to reimhurse Grnniee. The
ma.xi mum amount of Gran! funds payable as rcimburscmtnl under tl1is Gran~ and nn)' ex1ension hereof,
shall lndude all Grantee's fees, costs end c~pcnses.
ll. i'•rmea,
All pnymcnis ar, subjec1 to the provis ion, of §17 below.
i, Method end Time
Grantee periodically shall submit invoice s to 1hc Office in the form an~ manner sci forth in th•
S1a1emenl of Wori., ind anaeh 1imesluu , receipts and other req=1ed documentation in the form
nnd manner 1pproved hy 1he O ffice. Gran1ee shall submil ~ucst for rt'imburst·mcn1sr.nvo1ccs "·hhin
30 days after the end of the µcrie>d for wluch pa)·mcul i, rcqucs1cd , 1111d linol blllini;s under 1his G11n1
si,.11 be received by the Omcc within 4S days aner termination hcrcof. Untlmely requests for
J"")'menl 11111y be aeccplC(l III lhc sole discreiion oflht Olftce.
it. Elcctrunic Funds Tn ns fer
f>n."ments shall be made by one of1he followi ng methods:
11) by mutuolly agreeable mc1hod Including in-person pickup,
b) elec1r0nic funds t.nmsfer (Efl) 1fGran1ce provides wriuen EFT instnK.lions 10 the Oflicc on
• fonn acceptable 101hc Office. or
c) ,,ia lhe U.S. Postal Se rvice or 01her deli"ery scr"icc with a properly oddressed slamped
cn"c lope 101hc address specified by Grantee in lilt rcn,inuncc addr•~ seci,on or Erb ibll 8.
iii. A\·ail:iblr Funds-Coalinetnt ~·-Trrniin:ation
The Office is prohi~rr,d b)· la" f·om 1nakins fiscal commilmcnll b<yond ~"' tenn of lhe S13re · s
cum:nl fiscal year. Thcrcfore, Grantee's compcnsalion is con1ingen1 uron the continuing O\Dllul'llily
of Stole appropriations.._, pro\'ided in §l ufrhe C~lorudo Sp,<iol r,o,·iiio,s, sc: fonh below. If
federal appropriations or gronls fund this Grnn1 in wht'le o, in p:,n. 1h, Office's P=rfoffllJIJCC
hereunder is continiC'l\l upon \he continuing l\"3ilabilil)' of such fu nds. Pai·mcnls pnrsuan, 10 lhis
Gran\ shall be mode only from D\'Oiloble funds encumber•d for this Gnint and the Office's lia~ili,y
for such payments shall be limited lo the amount remaining of such encumbered funds. lfS111e or
federal fund s ore nol appropriated. or 01herwise become unavailable to fund this Gnin~ the Office
may immrdiucl) terminate this Grant in >1bole or in pm without funher liability in at<Otdancc with
§17 below.
Pa;c 4 ofl7
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ir, Con1rac1 Term ~ Th: Cil) drie~ :-ml r~ tlm ~;;ce~e:,: lrT~\l!~~I~ pJej£t pres.en, c;,sh 15(1'\~ for P:,)tnenU tn futu:t fis:al )tffl. o,,d this .... grttmen11$ no1 intended 10 rrcolt • muhiple-f:scal i:ar dcbl of the C!I). ,·. Erroneous Poymenls Paym:n1s made 10 Gramee in error for an) ruson. including. bu1 001 limi1ej 10 o,·erp3pnenu or improper r:,ymen1s. 11 the Offi,rs sol• discrcuon, m•i b: re<ovcred f,om Gran1e• bi· deduct inn from sub,,equent payment und:r 1h11 Grant or 01hcr ironts or contnicts bc1weon the Offi:t and Grantee or by ether appropriate rnc1hods or collect<d u I d=bt due lo !he Oflke. C. Unexpended rands
i. Retun1
,',n) Gr11n1 Funrls r•id 10 Gr11111e. and noi e-.p=nd .d in i:onnection "11h I his Gnni shall be refunded
by Gr1n1e• to die Office within IS d•i s of termination oi this Grant. If G,~,.· ~::h·:s Grant Fu ,
hereunder durin& an)' frscal )'car in e>:ctss of Its s~nding limit for such fisca l year, Grantee shall
refund all excess Grant Funds 10 lht Offia, ~ithin IS dlys of 1hc later of(a)thc rcceipt1>f such Gram
Funds or (bl the detcrmin11ion or such cxctss. Unex~nded or excess Grant Funds received by
Grantee under 1his Grant shall nol be refundtd or paid 10 any party ath:i 1h00 1hc Office
ii. De-Oblie11ioa
Any Gran, Funds 001 requir<d to complc1e Grantee's obligations hereunder shall be de-obligated.
The Office shall send notict of such de-obligation within 60 days in accordance with §18 below.
iiL Ollstt
JfGmitee fails 10 r,:tum unexpended funds the Office mar offset the amount not returned ogninst
any other unpaid funds the Office awr Gran1ee under any other i;ranl conlf!cL or obli~•tion
between the Panics.
IO. REPORTING AND !'(0TIFICA TJON
Reports and analyses "'<JUircd under this section shall be made in 1c:t0rdanoe with procdure, and in suth form
as pm:ribed by the Olli~
A. Performan ce, Progrcu, PerJC•nocl, and Fi1ad1
Grantee shall eomplr "ith .ti reponing rcquirc:mtnts sel forth in £1bibi1 B.
B. Llt1:11ioa
Within 10 days after being smed .-ith any pleading related 10 this Grant or the Project, in• le0al action
flied with • coun or administrati,·e agent)', Grantee shall notify the Offia, of such octlon and deli"er
copies of such pleadini:s tc the Office's principal rtpresentativc in accordoncr with §18 below. Jflln
Offict principa l representa1iv e Is not then serving. such notice and i:opies shall be dclil·crcd to lhc
Executive Director of the Office.
C. Kaucompliaaco
C,rnmec's failure 10 provide reports and notify the Office in a timeli· manner in accordance with lltis
section may muh in 1hc delay of payment of ft.nds and lor tcmnina1ion under §17 of this GranL
11. GRANTEE RlCORDS
Grantee shall make. keep, m11in1ain ond allow insp,ction and moni1oring of the fol1011 ins re<<>rds:
A. M1ln1Cnonet
Cir,nlec shall main1ain a eomplc1c frle of all recorJs, documen1s. communicnlions, notes and 01her wrillcn
niatcnats. clccrrc-,nic ,neodi.J files , :md tommuniciltinr.s. p~rtainin& in any r.tanorr to tht r,njr:-1 or lhC'
1clh ~ i,i Stl\ i,,s (indudin[L but not limi1ed 101hc c,r<l'l'tion of pru~ams) 01 Goods hercundtr
Gr3ntee ~hall m2in1:.:n s~ch r~c.ord:;: (the Recc;.-rd R.t'lt:ntion Peri od) until tht l:u1 to occur or tht fol 1::-wmy
I. a period of foor ~ears after the date this Granl is roruplcied or 1ennina1«I. or
ii. final pa)ment :s niadc hereunder, which,-er is loter, or
ill. ror such funher period as moy be nccesrn)' 10 resolve nny pcndinc mnncrs, or
fr. if an audit is occuring,. or Grantee hns received notice 1hat an audit is pcndins. 1hrn until S!Kh ;,
ha; been conplcted and ns f1ndin&S ha,,. been rcsol\'ed
n. Inspwioo
,r.11.1-:-:-I I 1 ►:-i11u lht <..::!h-h 1 1 '\~JI ;;p:11: u. <J ' I ,l\il~ ':1ti1 .:,.-:ic t-ni o , :•11\ •::nnt"hl,11 ;,11c11q w :1udn . m• p!·.:t .. ,um111:.•. cM,crpt t:op~ ~11d u1 H;1m ~11br-f"i •3mcc:'!:. n:1 tl -1· .l.ucJ It• Um Cii ~1111 tJurm~ 1ht• Reccrd-Rl'tt:11111111 l\:nod '" ~~s.urc ~ci:npl1an~t \\llh thr t:nns hereof <1 ,·:.luJI~ t 11;int.rt\. ptrfonnante: 11,t' O!ti t r reserve.!. tltc , • ._111 H• Ut>pt'C1 tl1c l'ro;ecl 3t all re.I){,,,, • 11me-· ;111~ plat.cs durinc 1hr tenn of 1h1s Gr~nt, i n::luding on)' c:<1c11:.ttin, lftht PmJL'o;.1 dot:5 no! confann 11 • .. •111111 n ~ui1e-1111::nlS, th!! Ofnu m:\)' re.quh~· Grnn1ee p1~~mp1l 1• 10 lmnt th,: Pro_ici:1 into confomlity "ill· r :4u11<1ncnis, 11Gran1.:c's sole c~p<n,c 1r1ht rr,·· · ·1oanno11" brou~hl ,n1c conformoncr In rt r nnnonce or other con-rcti, t mu.~urcs. 1111: Office may require Grantee-10 take rieeess.uy acl1\11~ , , 1 ensure 1h,1 fu1urt pcrformanu confom,s 10 Gran1 rcq11ircmcnis and cxcrc,sc ihe remedies aveiia,1•· 11ndcr 1his Grant. 11 law o, incquiry m lieu of or in conjunction with the prttedint mca<:utC C. J\1un11ori11~ /".i rJl11t:t :1 l\Cl ~hall pcrn,11 ,tie 51:Hc. 1he fcdcr31 gnn:.rnmrut or uoy tithe, '111h 1111ht•rizcd ~g:nt of a
t n' em:m:nl:ll agcnc), in the wlr tli~rctlt•n of such govcmmtntal •~en.:y. \~ t110ni1c-r 1dl ac:1 h·111 ·•
t onducted ~ Gll!l1cc pursu:irn 10 llus Grant using any iu.<oMolt procedure. a1 1hr di1crcuun ,. :,
~O\'Cmn1cn11d agency, includins. hllt not hmhed to: lntemul t\lllluatioo prnccdurcs, exu min!ltion o1
pro&r•m da!O, special 11nalyses, on-site checking. and fonnnl audb exam1n11ion$ All such moniloring
,1,.11 be perfonned In I monncr which will no1 unduly in1cncn: .,;lh Gran1ccs pcrf'onnance hcn:undrr.
D. Finni Audi! Rcf)Ort
I f un •udi1 i1 pc:-fonned on Gr1mce s records for any fiscal )'CU coverirg I ponion of lhc 1cnu of L~;s
Grant, Granlcc shall submit one copy of the final audit rcpt>f1 to !he Office's pincipal rq,resenllli,c ~•
1he addrtss specified in §18 below.
12. CONFIDENTIAL INFORMATION-STAT£ RtCORDS
Gr"'11U acl,nowlcdgcs lhal h ma)' become pri"Y 10 confidtnlilll infonnalion in connearon with its performance
hereunder, includ ing bu1 no! limited 10 State rccords, personnel reconls, and informaiion concern in g individuals
(·'Cunfidcmial Information"). The following applies if GrMtec receive; confodcn1ial infonno1ion:
A. Confidcntlaliry
(,nmt ce ,hall keep •II Confidentoal lnfonn111on confidential II ult limes and comply with all I•~~ nnd
rccuhnion~ conceming conlidentlality or infvrmation 10 lhc same extent applicable 10 the Offi ce. An'!
request or demand for information in doe pos,-.:ssion of Grtnlce noadc ~-a lhird p.utJ' sh>II be fo,warded
11nm:di3lely 10 !l"' Offices pnncipal rcprescn!3lile for m,olutmn.
n. Nut ificatiun
Granitt shnll notify each of iu asenlS, employees, sul>-grantees, subcon!ractor, and .usigns (each•
"Rel>tcd Pany") who may com: into con1nc1 "uh Conlidenual lnform11ion 1ha1 such pany is subjoa 10
lhc confidcnlialiiy requiremcnll s,i forth herein. and sh oil prol'idc each Rclucd Pany with a writlen
c,planalion of such rcquiremcnls before permi11ing sur.h pony lo access any infonnauon of !he Office.
C:. U,c, Stcurity, Hd Retention
No Confidential !nfonna1ion of any kind shall bt diS1ribu1cd or sold 10 any third pony or used by Grantee
or t Rola1cd Pany In on)' way, except u authorized by this Grant and as opproved by lht Office. Granlec
ihnll pro,·idc and n11inlllin a secure en"ironmcn1 lha1 ensures confiden1i1lil} of ull S111c rrcords and 01her
Confidcntiul lnforma1ion whertYer localed Confiden1iol lnfonn111ion shnll not be rtlllincd many files or
01hcm isc by Grnnlcc or o Rcloied Pany, exec pl ns sci forih in 1his Grant nnd nppro,·td by the Orficc.
D. Disclosure-Liability
Disclosure orS1a1t records QI ado,r Confidential lnfo:ma1ion ~) Gr.1111ec or a RclblCC: Pony for any rcuon
ma) be cause for ltg11l nc1ion ai;.,insi Grnmec or such RclR1od Pany b)' 1h• S101c or lhird p>rlits nr.d
dden,e uf uny such aciioo shall be Gramcc's rolt responsibility.
I J. CO:>FLIC'T OF 11'"T£REST
/\, Defi nit ion •nd Appcnrnnce
(irorllct shall nol en;ase in •nl business or p<rsonal activi1ics or prullccs or main11in ary rel11ionships
,,h,ch wnnic1 in any way with lhe foll perfonnnncc of Grantee's obli&alions hcrt11nd.r, 1Jrnn1ee
acl.no11ledges 1h01 with respcc110 lhis Orant, oven the appearance ora conflict oflnteres1 is hormrul 10
lht Orfice's imcmls. Absent the Office's prior wrinen approval, Oronlec shall refrain from any pnclices,
at1i, i1ics or re la1ionships which rcason3bly appear 10 be in couOicl ~-i1h the full ptrfonrumce of Gmnlce' s
Page 6 ofl7
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~b, £a:,cru 1· tht: (1fii:c he~u,1d~· Gran:e~ ;!,all t~m; _ ,,.tritht' pr~I\ 11i10:'.:-of CR 5 ~ l 6-.5-~0 1' ;:n ~ ~~.:. IS,101·109. B. Spccilie rrohibiuons Grlntee's ~n: su1'--,rantet's res~tivt olTt(m, tmplOJ te$. o: a;cnts shali nenher sohcn nor actt;,l sratuiues, faqn-s. C'lr an:,1hing: ufmonetlry ,·3lue from Gnn1ee·s po1:.:n lial subgran1ees. or panics to sub-contracts G:-antl'"t's emplo~ ces. officers, ISt"nU or 31") j'e~1•1td sub-snntces sh bll not p:1nic1J)Jt:: rn 1he selection. ~"ard . or ndministration of this Grant or 3ny sub-;ranl or sulKontract. ,ran at1ua1 or a:,?ar~nt connict orint::eit \\'Ould oreur Suth a conflict would arisr ~h<n am oflh, follow inc heH financlol or other in1ercs1 ,n 1he rirm selected for award: · " I. an empl~yee. offi:cr. •~en1 or hem~ member,
II . any memxr orlhe emplo)et's Immediate fami'):
m. an emr1<'}'tt's rann:::-: or
I\·. en or~nizatlon. "hich employs, or Is about 10 cmrloy &n) or the afott111cmio~d.
C. Dctcrmln11ion by O ffi ce• Dcf1ull
Jr Grantee u uncertain as to the e>:stcncc nraconOiet or interesl, Grantee sha" submit to th: Office•
disclor;urc statement sening forth the rele\'nn1 d,1aih for 1he Office's considcralion. Failure to promptly
submit a disclosure s1a1cmcn1 or 10 folio" the omce·s dirte1ion in regard 10 the apparent con01ct sholl be
co nsidered• mall:rial dc{aull of lhis Grant ond i;rounds for tcnnination und:r§17 below,
D. Cod e or Pcrformucc,
Grantee . nnd sub-g1'1'n lccs and subcontrac1ors, ir any, shall maintain a wrincn code or sw,da,ds ro"cming
!he performanc, or their rcspottivc employees, agents, and con1rac1ors engoged i n the award and
adm ini stration or this Gran~ or subcon1net or subgnnt, irany. Grantee shall pro,ide • copy ofsuch code
to the Office ''"thin 10 days or the Office's writt en reques1 thcn:forc.
14, REPRESENTATIONS, WARRANTIES, AND INSPECTIONS
The Panics make the folio\\ ing specific reprcscnlBlions and warranties 10 each other, upon "·hich each is rcli·in;
in ,mering. in10 this GranL
A. St,odard end M,nner Or Performnncc
Gnontee shall perform its obligations hcrcunde,, includins in accordance with the highest proress,onnl
mndard of care. skill and diligcne<. Gran1e< shall perfom, ii~ o!>li~oiions hereunder in the scq,Jence ano
:nJ11ner set fonr in ublbit B.
B. Complio oce with Law and Policies
Grunec v.11m1n11 th11 it will at all times strictly adhm to, ond eomply with. •II applicable Federal and
Colorado Su.ie ""s, and th,ir implementing rei;ulouons. as thC) cunently C\ist and 1111)' hercafic: b<
amended, "h1ch laws and regulotions are incorporated herein b) this rerercncc as terms ond conditions of
this contract
C. Jrupcctioa ind Vcrificntlon
The Office rcscr,c; th: righl to inspect and monitor Granite's performance ~..:r,under at all reasonable
times and places 10 veriry that they confonm to 1he requirements or Exhibit B. Ir Gmn1ce's perfonnance
docs nol conform to Grant requirements, the omcc may requ1rr Grantee prompt!) to brin& its
perfonmance into conformil)' ll'ilh Grant requiremenlS. al Grantee 's sole expense If the Project caanot be
!,,ought in;oconforma:,ce b) corrc.ti\'e measurts. the Offiee ml) require Grantee to tal.e necesrny
aetion to ensure 1hot fot ure performance confonns 10 Grant rr,pliremcnts and exercise the temcdits
:1\·3ilable under this GranL at I•" or in cquit: in lieu nf or in ctin i11o~tion ,, bh the p:-:.:c~d ing me~ur"
n. l...c:r.1 Authorif)•CnntC'C' and Granlec5 Sign11or,·
Grantei ,,:\mnu: 1h:u i: ~ssessc-s :ht lc-£.:ll 311tlwri1~ 1c1 rr1tc.·r mttl 1h1s Granl and hus uikcn all 11c1iorl!
required b} 1a prJ.:tdurC"-b~ -law'-a,d'or Jppli:3\'ik l:a"·s 10 ~~rrcise tl·,3~ ~uthon;y, 3nd to hmfuu~
authorize its undtmgned signatory to csecutc 1hi! Grnn1 •nd 1~ hind Gl1!lltce toils terms, The r,r;,,.,
!ii:nin; and cxccLting this Grnnt on behalf or1.1rantet herch) «presents and \\'ammts and sunran1c:11h.i
1hei ha"• foll au~1oriza1ion 10 do so. Ir requested by lhe Officr. Grantee shall pro,•idc 1hc Office !ho b:1S1s
ror Grantee's 1utl-ori1y 10 enter inta this Gram" ithin 15 dnys orrcceivin& such request.
f:. Lkcnsc$, Permits, Etc.
Grantee reprtffllt.l and warrants 1h11 as of the EITccth·• Oat< ii hos. ond lhnl al all tim es during the lerm
hmor It w, II h,, ,. at i1s sole expense. oil licenses, cenificn1ions, appro, ol, insurtntc. rennit\, and other
nuthurization 1eq11irtd ~! '"" to porform its oblif>tiMs herrunder. Add11io110II)'. al l cmploycci of<ir,1111ee
r,,c1 of 17
11•: i11111 ,,,u,"'• 1111dl'I 111 1 ,, u1l ,,1111 1,1~ I th~ 1,•1 111:i··u l,n:1, c~ 111 H::~11i Jl1t-t1~. 1fm1y, tt111"1lc,1, 1 11 111,11··• i1,1111:,:. 1f ,1 (t11··w11 ... •tJ' •·.rhou 1,1 •·llr""' ·11 1 ,.,. •r;,u,:r 1111! -•11.111.:,!i iii the ~Hile ei1lol1,11t11, I••· i·,~, ,; .. tlj.1: i1 :orrci.tl~ k:~ 1•htJ111rJ .11u.: l .. 1\1 m .. 1111,1111 jlJ~ iq>phi...s.l>lr ccmficinr oftu1thun1\ ,~, 1 ,.1:1 hu 11· i. m th~ Sum· of C,Jt,,.,iJ, i11.d l..1 iJ: 1g11a1cd a re~i;iit;rcd ;·t•c11 in CulotJdo 10 :11., 1·p1 , ·".•1,:: 11fpncess AnJ rt\·()C..ition. ,,,1hdra"111 o: nu1t•1:uc";,I ofhcc11~. ~nifk~tiom. lll)J)10\;1h 111 ,ur ;1m c, pcnniu. or 1ft) such smular rcqmrrmcnu. neccssnry for Grantee 1u propu1y perfonn 1111~ (..r anL ·,1:,,11 t,., deemed 10 be • defauh bi Granite and i;ruunds for ocrmm•lion un~:r §17 l>elow. r llrcuth II oh<-C.ranoee breaches ~ni ofiu n:p~~ent:nions or wamnties, d,e Offic,, ma)· require Gnmlet to r-nmptl)' perform i1s <>Miµ11ons •~•m m conformi1y wi1h Grant r.:quiremcnts, :,i n11 additional co,;i tc 1hc llllire lfsuth bn:acl,es cannol ta.. or a-e not cured, the Office m,y, io oddu,oo to :ni vt h~r rrm,di., J'''.'\ 1d,·d (or in this Grant. requitt Gr=stitte to lakt ne.t:cssa~· ~c:icm ,o rnt.un:-that future-pcrfom1.1J'k·t-1.011fom1~ tu 1hc rutwh.1on, of m,s Gran!. and t-qunabl)" rc:Ju:c the paymer. dut to Unsnttl' to reOcc, tin..
·tduced ,·nl 11r of :ht Prujtt.1 A.n~ redui:1ir.n. dtlay or d.::nia. -wm~:n under tl11s ;,ro, :~1:>n s!~II n:.:
u11~111u1c a oreach ofGr3nl 1w defa ult h) tha: Office
1;, I NSURANCE
Gran1ce >hull obtain and mamtllln insurance as sp«if,cd in ohis sec1ian al all limes durin s the term of thi, Grunt.
All p<>licie, c, idencira, 1h< msuranct covcrases rcquln:d hereunder shall Ir. issued b) insurance companies
soti~f•ctOl)' 10 Grnntee and th e S1a1e.
A. Grun l•·c
i. l'u~lie t nll tie.s
If Grantee Is a "pu blic entity• within the meani ng of 1he ColorJdo Govemmenoal lmmuniry Act, CRS
f24• I 0• IO I, cl seq,, o.s amended the (Co lorado Go "cmmcnlal lmmun i1y Acl"), (CG IA) 1hen Grantee
shall rnairnoin ot all tlma:s during 1he 1erm of this Granl such liability insurance, by commercial
policy or self-insurance, 11.1 is necessary 10 mee1 its liabilioies under the CGIA . Oronlee shall show
proof of such inournnte snl isfo ctN)' lo the Office. if rcqucsled by lhe Office, Gramce shall rtqu ire
nnr r.11h::on1 r.ctors of the Granle<, providing Goods or Services in conncclion with thi1 Grnut, to
incl ude the in s\lr1111.:e requireme nts rn:cc~sary to meet lh c Gra ntees liabilities under the CO IA,
ii. Nou-l'u~II, Culilic,
If Grnntee i~ nof ~ ·public ent ity" withi n the mcu nin g of lhe COI A, Grantee s hnll obtllin and rnnimain
during 1hc lcnn of lhi• Granl insurance covernge and policies meet ing tl,e rcqu1remcn1s sci fonh in
subsect1011 U of1his section.
It S u hcuntact ors
C.rnn1ce s hall rrqui~ uch contract \\'llh a ,ubcontractor, 01htr than those thni arc public e ntlues,
prcwidmg Goods or Services in connection with U1is Grant, to include insurance rcq:.aircmcnts in
compliance with 1he Grantee's intc m31 proc:u=eno insurancr requirement policies and prach<:es or
require tliose substantially sim~ar to the folio" in~:
i. Wor~cr's Compt,n51t io a
W<>rl.cr·s Compens:11ion lnsuronce as n:quin:d \,y Stale statute, and Employer's Liabili1y ln<ur,ncc
covcrins all subcon1rae101 employees acting "ithin the course ,nd scope of their employmenl
ii. Gentr•I U •blliry
Commen:ial General Liability ln,u11111CC wnncn on ISO oecumnce form CG 00 01 10/93 or
equh·alcnl, Clll'Cri~s prtmise, operations, r,,. dam•ge. in~ndcnt cor.1nmors. products and
comple1cd operation~ blanlet contratlual liabi111y, ~rsonal inj ury, and ad,·cni,in~ llobolil}' \\it~
minimum hmi11 as follows:
11) Sl,()()1),000 each ocrurr<nct;
b) S 1,000,000 i;tnernl awi,g:,tc;
c) S I ,000,000 products an d cornplcocd operations aggrcgaoc; ar.d
d) SS0,000 any one fire.
If any •s~~gnlc limil is reduced be low S 1,000.000 bceonsc of d nims made or paid, sub-GTDnlet or
subcont ractor shal l 1mmedia1cly obtain add,1ionnl insurance 10 reslon: 1he full •cgresatc llmlo and
fum ish 10 Gr3nlc e a ccniOcale or 01hcr document sa1isfac1ory to Grantee showing compliance with
1his provision .
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iii. A utomt,hUr L:a bil,1~ Aulomohilr Liablliry lrsur3nt! cc,,,·e:-int in! au10 (indudms """~d h1~d an~ no':-0¥.ncG C\1105) with a minimum hmn of 5 J .000.000 each ac:odent com~lned single 1,mit. h·. Addltioul ln.<ur<d Grantee nnd th, Stlte shall I>< named as addi1ional insured on th< Commerdal General lio!,1111, 1nd Automotile Liobilit) lnsurantt polic1<> (1,..., and cons1n1ction conincu require addnoon•I ,~sured CO\'er>f< for c~mple1ed operations on endommen1s CG WIO I I '85, CG 1037. or ,quh'llc.,1) r. rrim•~ of Co, tnGt Co\'erasr rt-quired cf thr sub.:rantce or su~tractor stull ~ pr1maJ1 O\ er tn~ ,n~unn~ tor sdf. insurance pro~nm carried bJ Grontec o, rhe S1aoe.
Yi. Cn nr<ll.iloo
The above ,nsu:-unce p,l1!ki~ shlll in::h,de pro\ic1011s prt:\C:nting cancellauon or non-ren~~3l
without 11 least 4 5 d•J s prior notice 10 w. Grant:c and th< State h) cerufied r.:,i!.
I ii. Suhrogalion Wa h·•r
All inswanct politics in any Wl) related to th, Grant and sccur<d and mainuintd b)' Grantee's
subcontractors as required herein shall include clauses statins 1h11 each earner shall waive all :ghts
ofreco'-'t.ry, under subrosation or otherwise, 1iains1 Grantee or the S1r1te, its e:gencits. in~ti1u1jnns.
organiut i)ns. officers, •~~nts, employees.. and \'olunieers
C. Cerliflalcs
Each of Grantee's subcontractors shall pr< ·• ccnific.atcs showing insurance covmg• required
hereunder 10 Grantee within seven business dcp oflhe Effective Date, but inn~ c,•en1 later 1han the
commenccmenl of the Sen•lecs or delivery Gf ·'it Goods. No later than 1 S days prior 10 the txpira1ion date
of any such co,eraie. each subcon1rac1or st-. , ;,ro,·id e ccnificatc.s of insurance to the Grantee evidcneins
renewals. Then afu:r, upon request or II any time durinJ the 1eim of thc I subcontn..,. the Gran1or may
requeSI in wrilinJ from the gran1ee, and the subcontrat1or shall thoreupon within 10 dDys supply 10
Grantee, e•id!n:t wisfaaory insurance 10 the G,anw. and the Office or Ccmplianec with the pro, ision,
of 1his section.
16. DEFAO LT-BR.£11CR
.,. Defined
In ad.inion 1~ an) br,:~ches or defaults speci O,d in oilier sec,ions or this Grant, including. but no1 limiied
10 those in §17 belo" hmin, tl,c failure or e1therl'ln)· 10 perfonn 111) of its mo1erial oblig•1ions
hereunder in whole or in part or In a timely or s.alisfactory manner, consti tutes a dtf1uh or breach. The
institution or p,oc«dings under any ~kruplt}', insolvency. reorganiulion or similar le;isla1ion, ~y or
against Grantee. or the appolnnnom or a receiver or similar officer for Gramoe or any or iu propcny.
-.·hicb is nOl ,·atoted or fully sta)'cd "hhin 20 da)S afi:r th, insthu1iun or occurrcnct thereof; shall also
constilute a default
B. !'(ollet ud Curt Ptriod
In the event ofa def,uh or bre,ch. notice of such shall bt gi\'tn in writin& by the a"ricved Par.)' 10 the
Nim Pany in 1ht manner pro1 idcd in §18 b..low. If such d, rauh or breach is not cured within 30 d3)'S or
receipt or wrinen no1ice or. if a cure cannot be compl<lca "ithin 30 da) s, cure of 1he defauh or bruch hill'
no1 bosun v.i1hin said period and rursued wi1h due diligence. the •sgri•"ed Pa")· ma)' termino1e 1h:s
Grant by pro\'idins wrin:n notice 1hereof. as pronded for in §18 belo" spccifyin~ tht efTrrih, dn1, of
the tcrmincni::m, Not\!\ 1thslnndins an} 1hmg to \he comrar~• herein. lht Orticc. in its sole discrc1i~n. n~cd
not prcivide advance notice or a ..:ure-f1Criod and 1113~ 1mrncd1;11tl~ ttnninine this Grant in wht'llc-arin f\,n
if rear;on:,hly necc!~:iry 10 rrc;c; ·, r public !--t~t't~ 0 1 :o pre, em i~1nitdfotc r:1blic: crisis.
I 7. RE!ll[OlCS
Ir Grantee is in defouh nr bre3ch under ar) rro,ision of this Gr>nL the Office shall ha,e all of the rcmed1cs
liSled in this sec1ion in a;ld,1ion 1n all other remedies sci forth in 01her sec1ions of1his Grant. The om« may
ocrclst> 111y or all oftht rtmedit1: :l\'1il:1.blc 10 it, in ils solr discretion, concurrrntJy ortonsrcuti\'ely .
.4.. Torn1inA1l00 for Cn111< and/or Uefaull
If Grant« fails to perform ~n)· ofi1s oblitotions hereunder with such dilitentc as is required tn cnsurt ,ts
complc1ion in accurifonce wi1h th e provisior.s of~1•1 Granl ond in a timely mannir. the Office RU) nc<if)"
Grantee of such nun-pc1fonnanee in accordance 111th §JG al,o,·e an d §18 belo". If Grante< th ereof,,, fRi!,
P•~• 9 ofl7
11• p, 1111 ... :h 0111,· !.Ut h non 11('rlu,111untc-" Him, 1l1l' run· p!.::-h,,d, lhc Offi;:-e-1\1 us np1 ,0~. ffll) tt-111110,llt' •I ,, t•nl 1,, C ,· ont ur :.u .. I f'L1M ul 1J ui. Gr-JIU o1~ 11, \\ 111th thcrr hor-Ileen del, o, u failun 10 pu•p•.:rl~ I'' ,ti,11 , r wrc1:.e h~ :h,:, < tf1icr or till'" nfh1 \l1;Jll 11{1t k di:-~m:.:d 11 hrealh o1 ns obli~a1t0m 1,ct1:undc:,
Pase 10 of! 7
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r-==:,:.:,7,.:,====:,ar=::c,,r======--======-~===.,...,.........:a::,::n:;:...,.,,..,,,...======r==~=:q
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~-~--t!'e tnal' :-c,m nut r!rfo :-:r.an::: a~th;· (i•:i:-· ll' ·~1e-c-~:•1::-:· n:-· 1~--:'\u'i~tc:!. ,r :i..,~ I. ObltgatlODi end R1;:hu To 1he t 1;tcnt t oecified in 1he 1ermin:11iti11 m,l1ce. Gr:mtec shall no1 incur funhu 0b!1~:11iom ur r:,:..C'' funner p:rformance hereunder p:,s1 the dTec1il e date of such notice. and shall also terminate outstandin& orders and suheomracts "nh third panics ►l~,m·er. Grantee sh,11 compleie and del" « 10 lh<e Offico 111 S=·ic,s and Goo:!s not cancelled ~) lhe 1enninauon notice :ind ml) incur oblisaHMS II m, neress.~ 10 do ,o "•thin 1h;-Gnm1 term, In 1ht sole discreuon of1he Office, Grantee sh311 ass ,~n 10 the Office all of Grantee's righl 1i1le, and intmst under s11t:h 1ermina1ed _ orders or subcc.ntracts . Upon 1ennina1ion, Gran1ee shall take ti mely,, •. ion•ble and necessary action 10 protect and preserve propon) in Che J'('!Session oiGrantet in which the Office hu an interesL All maten•ls O\\ntd b) the om« in the J.OSSCSSIOO ofGranl:e shall be irnmediatel) ~,urned 101hr
omc:e. In the tc,)e discrelbn :,f the om.:t. Gra11l~t sltalJ 3S:Si&n \0 the Of!"1ee u!1 vf GrA111c:r·s ri ~h~
title. and in1en-s1 under such 1mnina1cd orders or subcontracts. All Worl: Pr~duc~ at the O?:ion .nf
the Office, shall he del iven:d by G•'lntec 10 the Office and shall becorm the Office·1 prl'pcfl).
ii Payments
The Office shall ~imburse Gral\lee only for accepted Services and Gooch rrceived up 10 the dot< of
termination. If, after termination In· lhe Office. it is determined that Grantee "'Ill no1 in default or
thJ.t Gran tee's actio n or inaction w~s cxc::usl!lb)e, su.:h termination shall be u-c2.ted as a 1t1'fflin3'1ion in
the publi c interest and lho ri&},15 and oblii;stions of the Panies shall be lhe same as if this Grant had
been 1e,m1n11ecl in the public in1ere:s~ as described in §17 below.
Ill. Da mt&llS aod Wit bboldio:
Notwithstanding any other rtmedial action by th e Office, G,.., .. also shall remain liable 10 lhe
Office for eny d amages su stained b)· 1hc Office by virtue of any defeull under th is section by Grantee
and the Offic e may withhold any payment 10 Grantee for 1he purpose ofmi1igating lhe Office's
damages, until such time as the cxut amount or damages due 10 the Office from Grantee is
determined. Further, the Office may withhold amounlS due to Grant<e as the Offi:t deem 1 ne:O!»r)'
10 protect the Office against Ion b-..causo of oumanding hens or claims of form:r lien ~alders and 10
reimburse Ule Office for tltc excess cosu incurred in procuring simi lar goods or serviC'tS. 0111 ntcc
shall be liable for ncm coslS incuned b)' the Oflice in procuring from third panics r,plecement
Services or substiMe Good.s ts co,cr.
B. Early Termin11ion fo r l bt Public hlercsl
The Office is cn tcrins in10 lhi1 Gran1 for 1he purpose of carryini. out lhe public policy oftht State of
Colorado , as detenni ned by its Go,,cmor. Ce noral Assembly, and Couru. 1r1hl1 Grant ceases 10 for-Jier
1h, public policy of the State, the Office, in its sole discretion. may 1ennin11e lhis Grant in whole or in
p:111 Exercise by tho Office of this right sh•II not be deemed a breach of the Office"s obli~tions
hereunder. This subsection shall nol appl) 10 a 1ermina1ion of this Grant by lhe Office fo1 cause or default
b)• Grantee, which shall be go,·emed by §17 abo,c,
I. Method and Co nlenl
The Office shall not ify Grantee orlhe tennination in occord•nco with §16 aoove anJ §18 btlo\\,
speci~·ing the effective date of the 1enninotion and whether it arrects all or I ponion or this Grant.
ii. Obliga1ioas and Rights
Upon rt:eirt or a 1ermma11on notice, Grnntoe shall be suhiect 10 and com pl)' with §17 alxwe.
iii. Paymcnu
If this Grant is terminated to)• the Office i!I funhere~c• of the public in1e:es1 of the S111 • of Cclora1c.
Qr3n1co shell be paid an amwnt "hich bu,s the same r.,i io 10 the t~u l rci1nmJr'tmcnt umk, this
Grant as the Se" ices sa11sf■c1orilr [ICMOrmed <>r the Go..'ldl 1,:isfoc10·1h dclh-ered ~• ir,s1all•i b-::.,;
:c the toinl Sol" i~cs and Goods c~v~red by this Grant, Im peJ·ments pr;viously mode. Additi~nali)·.
if the Gr,nt :s less 1h,n 60~, cumplc1ed, the Office mnr reimburse Grantee for a portion or attu•I
o.rt-of-pocl-11 expenses (not othe"' ise reimbursed under llus Grant) incurred by Grantee which arc
direc~y anributable 10 the uncompleted ponion of Grantee's obliga1ions hereunder: provided 1h11
rtimbursemenl shall not exceed th< maximum omounl poyable to Grantee htreundcr.
C. Rcn1tdics Nol ln,·oh'i ng "iermina tlon
rhe Office. its sole di scretion, mni exercise one 01 more of the follow ing remedies m addition to other
,cm,~ies a,·ailablc 10 the Off,c,
r ,pe 11 afl7
1 "'"'t1r•111I l't•rfotn11111 1 , 1J' 1 d r,r.1111, ,_.· l' · 11,11 ,1h , , ;:11 t ! -.·i 1t ,i1r 01 an) f':1rai :'lt11,f tl11: (1·,1111 pend,1 11·, • r • 1·1 1•11.•"\!1f.'nC11nr :,•. 1•· ,rcdl•~ 111: 1 1ffi.c \ m111uLc111ulm~Cir,,mt,:tu11n11J.1us1m~n•1111·1~c.: ,,,t,r ·,,:•lf'l'TI1:1 t ~cl1cdu' (;:.,.1,1tt-:.11.111 J"l1!11r,1 1; u:..t~t' p:rformance and mcuning :osts III tlt.rur1Mt c ",1I the Oflic.'s dir,:i"'e ond 1l1t Offi,c sholl 1Mlt bo liablc fo, costs mcuncd b~ Gr.1~1:r ,,h,•1 11,c ~u~pcnsion or pcrf,,nn:ance under 1111! pTO\'ision ii, \\'ltloold P1yrnen1 \\'11hhold ra)men, l~ Gmn~tt unul to."TC:tions in ~ices art u1~r.c1orif~ t.ompleicd 3:KJ /t,r IICC<plablc eoods Brt prn,.,d,d. iii. Deni P•~·mtnl Deny pa)·mcn1 for those S::v1CC"S not performed 3nJj~ \10Nf$ no1 pro,•,je<J ,.n.:t ,-.Juch dtW" to c1rtu!nSIJn:-cs CQC$td ~ 11~ Gr.-1!~.: :.1·1:1~,: k iic. 'l,;-r,~.:f (JI pru, 1ded or, 11 t,,erfoffllrd or prr, 1,l!"J. ~ oulJ lit-orno, alue 10 11,c Office pnwidrd ~,,1 ""1 Jeni al of I"! mcru ,hnll be rr-..sor.obl) rcla,eJ
to lhc ,·alut of w0tk, r,,:rformanre o: Goods i.~ lb the Office
h•, Rcrno,·:d
Oc:mand rcmo\'al of any of Gr.intots employee>, •;!ents, or subcontractors whorn the Offiu d<ems
incompe1c11~ cwe less, insubordmale, unsuitable. or other,.•i,e unaoecptoblc, c,r whose continu~d
rdo1i"" 10 this Gnint JS deemed 10 t,, <omnirJ 10 the publoc interest or not In the Offiu's best
l111crc,i, Replaccrncnt of any key pmonnel hereunder sholl be don, in accordance with lht rele\'ont pro,•isions of£xbibl1 B.
I H. NOTICES ANO REJ>RESENTATfVES
Cuch indiv1duol Identified below is the principal repre:entativcs of the designating Pony . All notices required 10
be eiven hereunder shnll be hnnd delivered with rece ipt rcquirecl ur sen, by ccnified or registered mnil 10 s uch
Pnny's principa l rcprcsen111ivc n1 the address sci fonh below. In addition 10, but not in lieu of, hard-copy notice,
:iooct 0l10 may be se nt by e-mail 10 the e-mail addresses, if any, set forth be low . Either Purty may from time 10
time designa te by wrlt1cn notice subs1i 1u1c nddr:1m or person110 whom such nmiccs shall be sent. Unless
,,tl,crwibc provided herein, nil notices shall be dTe<:t i\'e upon receipL
,\, Office:
Ma.son C. Wh it.1ey7 [).ecu,,v~ Director
Govcmor'1 Office of Homeland Sccuril\•
9195 E. l\1inen,' ~:.;•c.;:•"'·•;;.St::.•-=2.:::<>0::....... _____ _
Ce ntennial. c: 0,_o'--11'-'2,,... _______ _
Emu ii· masnn, whnncv'a.~uue:.co.u~
O:in AICXllnder
Cnv nnd Countv ofOtn, er
201 \\'est CnlfL\ Otpt 908
Den,•er. CO 80202
D:in.1lei.i,nder@c1.denver.co.u,
I~. 1,(J\'tn/\'MENTAL IMM UN ll Y
Nul" 1llmand111g •n> other pro,·ision 10 tlot cnmrary, nothing herein shall constiunc a 1\31\'tT, C\press or implied,
of oo) of lhc immunities, ri~ns, bcntfrts. p1ntect1on. or other pro,isions of the Col01•do G._,,·cmmcmal
lmmuOII)' ,\c~ 6CRS 24•10-101. ti seq. as amcn.kd Liohil,I) for claims for injuries to pr1si111> ur prorenr
ari !inµ frnrn lht necliscncc of the Stntc ofC'olor,~o. its dcpanmcnts , ins1i1u1ions. ,geodes, oonrJ~. nrTiciJJ,
nod rrurl<')·~ci is con1 rolltd a.nd li11111t'd Lt: tilt J' 11, i!iC\m •"f!he Uovernr::1cn.al Immunity Act and rht mL.
inn11-1;cnll'nt slo!utcs, CRS §24-30-1501. c1 seq .. a., amrnded.
20. \flSCELLANEOUS
A. Assfgnmrn l
Grantee's rights ond obligations hereunder a:t p,rsono l 3nd may not be 1ransfencd, assigned or
s11bco111roc1cd, without the prior, wrlncn consent of the State. Any a11emp1 at a.s~ii;nmenl, transfer,
s11bcon 1rnc1ins wlthou1 such cvnser.t slt3II be \'Oid. All assignments, subco n1raclS/sulx:ontrac1ors approved
Pagel2ofl7
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n~ Cir:mt~e N 1he ~1a1'! sb:i.1: :':-iuh1:c1 tr ~11-: jtf'.\\':S,C"n! he~::-;t,f. G~.i:1:!:-.. !~II ~HI:. r!'.spon.>10le l:ir .all :?s;r.::ts ol S\..:>:om:_c1m, :t.r;";!ngtmen1i. .?.nd ~--fn~nrt C. Binding LITt'fl L1nless 011.m, '" prol'odtd hmin. an pro\'i1,ons heroin con1ained, includinc 1h, ren,r.u and bu·,!or,s sh,11 extend 10 and be bindins Ufl'I~ t.ht P,n,,s rrspe<:11\'C h:in, lei;nl «p<t:Y.n:ot ,-es successor.. ond a::.5i;:ns. C. Cap1ions Th,: captions ind hcadini;s in this A~=eni a,c fo, con,~nie:i~ or referente onl~. and shall n01 be~ 10 on1erpre1. define. or limi1 its pro,·is.ions. I), Co11n1crpnr11
This .-..,reemt-nl fflll) ~ c,cru1ed 1n multiple itL·miea: origin:tl n,unt-=~~s. i?!: o~.,. h,:I. st-.J:I c,a,:.t;itt
11..-.tBGr~m:nt
I:. Enlire UndcrslA nding
Thi s A&r«mcnl represents 1he complete in1e1-rt:1n., of all und!tSWldings bc1v.-een the Panies and :1ll prior
rtpresenta11on.~ and urtderstandinp.. oral or wrin~. Bft" merged herein. Prior or con1emporanc.ous
addition, delcl lon, or other :.mendmc nt hert10 shall no1 have 3n,· force or arTec1 wh31soever, 1•1IC'$C:
embodied herein ·
F. Jur~iclioa ind Vrnue
All suits, ac1ions, or proceedings rela ted 10 this Agreement shr.11 be held in 1h, ~l>IC orCnlorado ftnd 1he
Panics hcrbi· ai;ree 1ha1 """"' shall be proper in the Cil)I and Coun1y of Denver.
G. Modilic:alioo
i. 8)' the P■ rtics
Excepl as specifically pro,·idcd in !h is A~emenL no modification of this Agrcemen1 shall b.
effective unlw agreed to in ~ riling b) bolh panics in a., amendment to !his A17ecment proi, :~·
execoncd and appro\'td in actordancc with c~!orado State law and Sm, Fis:a! Rules.
ii. By Operotion of Law
Thi, ~grccment is subject 10 su:h modificaiio.-.s as may b= required b) chant<> in Federal er
Colorado State law, or their 1mplemen1in£ r.:~ulations . f.11)' such reqcircd modifica1ion au1om:..1call)
shall be in~orp0,a1ed in10 and be pan of1his Ab-rcemcnl on the crTccth e dale of such change, 11.1 if
Mir set fonh herein .
H. Order of Prca,denrr
The pro"isions of this Asrccm,n1 shmll go,·cm the rcla1ionship or the State ond Granocc, In the event of
connitlS or inconsisi,ncics bc1wccn this Agrsemem and its exhibiis and anaclunents. such conOim or
inconsislcncies wll l>c =oh·ed b)· rcfcmice 101h: documents ,n 1hc folio~ int order or priority·
i. Colorado Special Pro"isions;
ii. Remaining pages of the Ai;recmcn1;
iiLExhibit A;
h•. E"1ibi1 B:
, •. Addilionnl Guidance issued b)· 1hc Staie or Office .
I. Scverobilil\'
Pro,idcd 1hls Asreemcnl con be •~ecuied and pcrfonnancc of1he obii~a1ion1 nf1h, Ponies 2ccom?lished
\\'ithin its inlcnt, 1hr pro, isicms hcrtufare: St\'tr;,blc and any pr<'' ic.ion tha1 i! d~:!zte~ i:t\'3 lid Of b!-eom~
ino7r.lblr for an, rc~on !i~II not affec:1 tl1t ,·:1.lie!~ or on~ 01htt J'lfO\·i~icm httw-f .
• I. Sun h·■I or Cerlain Agrrcmrnl Terms
,~('II\\ ilhstc!ldint .1nythi~s herein tt, \ht contrar,. pro,·isions of lhi s Agreement requinng ,outinued
performance, con;,li>nce, or dTw a Iler 1ennin>lil'II hereof. sh:1!1 sun•h •" h •mnonotiN. and ;h:ill he
enfon:e,blc b) the State if Grantee '3,ls 10 pc,fo:m or comply as ,equireo.
K. Third r nrty llcncficiarlts
E11forc:cmen1 of1his Arrc•mrnl and ■I rights and rbli~••ions h<rcunder are res<" ed wlely 10 tl>t r.,,ies.
aod no110 ••) 1hird p>11). /\ny ~,:n·iees Of bonefu, ~hich 1hird p,nics receile i;o result nfthis
PJ~c IJ ofl 7
Al!,· ·mi111 alt' ml ttlt•111nl 1: 1hr ".ttr ,111 •11t ~1n.i 111 rm1 crcn1c an) ri!;ht~ ft.11 sud third p:in1ti. I .. \\':11, e•r \\ .m t'I ,,f 11J1J t,,t;u..11 <'f" lcnn. (>11 1, 1!.11m. 111 h.· 1wrt:111'!nl of th is Agreement or &r,y riGht or n:mtd~ IH:tt·111ult:1 ,, t..-1!1c;-r c,pl1ti1I~ ur t,l l:tcL C\f rnforre1nc11~ shall not be cons1rutd o~ deemed as:. wa1\·t1 ,,f un~ ~uh~rquem brt:ac-h of such term. p10,·1i.iun nr requuemem, or of ftnJ other term. pro\isiM, or requirement 111£ RC~I • '~DER OF illlS l'~C C l i'ffl:IITIOl'iA LLl LtFT BLA N!,;
r,~, 14 or 17
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21. C(ILO~•\JIO ,PCCIAL J'JWl'JSJO'IS Tht Spc:ial Pw· ,s,:ms :ip~l~ 1c :1 11 Co n:ra:1~ ~,:-r ;,1 \\t,~tt n01ed 1n 11 llit's A. l. CO.'(TROl,l,[.R'S Al'PRO\"AL CllS {2H0-2!1! (I). This conir21c1 sholl not be decno,d "•hd un1 i I II has be-:n appr~'"•d ~) th<: Colora~o Stltr Cnnut-ll er or d<si~te B. 2. FUND A\' AI L,BILln". CKS §24-30-202(53~ F mancial obligations or lhe S1ate payable af\er the currtnt fiscal year 1-. contin~rnl upon funds fo r tbJt _ p,;,rose bein; a~propria1ed, budsc1ed, and 01he"' isc mode avail•ble. --C 3. IKDEMl'/IFICATIO~.
CeFnrae1e, :shuU iFi~en1ni~ 191 ·, ~•d hi~ karml,sr ••u S:rn•e ·!! ew:,le: t!S a11d aga;:,u. i._.jift!.Jt av: an~
an d1i1tu,. d-..i1qn,..e;; liahihl" ~Ad uu~ a• ·aFd; iRalucllnt re. I=. e1·j!e1rej , end ■ilP"'llP• fus Yd ,~•a·N'
eons, iA e,uftc·.; a "SYh af lfll! HI er emt55iett t.: C:E'Airali4er, er hs effl;,le:·ees., aob!~l:5, sw~
"' .ssigAm ~~15 WBAI 19 the l!Fl'I\S af~1is Eesiracl
(.4pp/tcablt Only 10 lnrc111ow,mmrmol Co111roc,s] No 1crm or co nd i1ion or this conlr>ct SNJI be
conswed or intcrpRled as a w1i\'e,, ••press or implied, or any orlhc immunities, rights , benefits,
pro1ec1ion, or other pro"islons. or lhc Colo,ado Governmental Immunity Act, CRS f24-J().l01 et se~. er
th< Federal Tort Cloims Act. 28 U.S.C. 2671 ct seq., as applicabl e, as now or hereafter amend<d.
To the e,1en1 authorized by law, 1h, Contractor shall in;,mnify, save, and hold hannlcss 1hr Stale against
any and 111 :laims, dama,es, li■bllity and coun awards including costs, expenses and anorney recs and
n,la1ed costs, ineun-ed as e result ora.,y IC! or omission by Contt11ttor, ~, its anploy«s, ■gents,
subconu-aaors. or assignees pursuant 10 lhe tenns orlhis conu-acl.
The Contractor. by execution oflhis contratt containinc lhis indemnllieation clause, docs nol waive the
operation or any Jaw concerning !he panics" ability 10 Indemnify.
D. 4 , !r-Df;PENl>I:NT CONTRACTOJl ◄ ('.CR 801-2.
Con1ractor shall perform iu duties hereunder as an independent con!nlC!Of a.,d not es an e:nploycc.
Neither comrattor nor any agent or employee or eon1nic1or shall be or shall be deemed to b, an •sent or
employee or lhe state Con111ctor shall pa) v.ben due all required emploi ment tues and income taxes nnd
local head taxes on any monies paid by lh e s1a1e pursuant to dus contract. Contractor 1tl:no,.-JN1ses that
contractor and i\S employtes are-nol entitl~d 10 une.mploymcm insurJnc:e benefiu unless con1.r1e10; or 4
third parry provides such coverage and lh111 lhe 1111e docs not pay for or otlmwisc provide such covenige.
Contr11c1or shall have no authorization, express or implied. 10 bind the s111e to any agrcemcn~ liability or
understanding, except as cxpn,ssly set forth herein. Contractor shall provide and keep in forte workers'
compensation (and provide proof or such insuranc• when req=ted by~ .. SUit) and unemployment
eomptnsa11on in,urance in lhc amoun1s ,~q ;ired by lnw and shall be solely responsible for its acts and
thost of ilS emp'""'' and agents.
C. S. NON-DISCrJMTNATJON.
Contractor agrees 10 comply wi th the lener and the spiri1 or oil upplicablc State and fedcr21l i.-.~
respoe1ing discrimin:ition and unfair emplo) men\ practice s.
F. 6. CH01 r· 'IF UW.
The l:i I the Stan: ofColNndo. and rule-s a.id rtj;i.i lat:ons issu~d pUJ"!.-\1.tnt th:reu,. sh3ll be !;'t'lie:I in
1hr imc-rpreut.on. c ,c;.ution, and enforecmtn1 of this ,;ontrn~t. An}' prO\·isi on of t his contrw:t. wht thcr Cir
no1 incorporo1~d hrre ir, ~l rererc=. \\hic!I rro1 ,Jes fo: ,rbit:atio n ~-••l e.ir21-jud ic:ol bod) or pet st•n
or " hi:h ,s otl,c"' isc in conflie1 wuh sa ,d laws, ntlts, and regulations shall be consid:rcd null o,d ,·oid
Nothing conta:nl'd in any provision incorpnrat:d h~rcin hJ reference which purpons 10 ncga:e d1is or any
other speclnl prov is io n in whole or in port ,h>II be valid or enforce:iblc or .-~ilnble in ■n)' adon at la\\.
"hcthcr by""')' or co,nplaint, defense, or otherw ise. AnJ prol'ision rendered null and ,·oid b) the
operation oflhis rn,vision •.ill not im ohdate the remainder or 1h1s con1tac1, 10 lhc c,1ent thui thi • con1rac1
is capable or "ecJlion. At all 1imcs durini; 1he p,rfonnance or this cont rv.t. Contractor sh>IJ strictly
adhere 10 all •rpli:able federol •nd S10te 1•11~. rule ond re~ula1:rns thot ha1 c bee n or ma) h:rcafter be
establ ished .
I I •, llUlt t1n-:1 T. {"l!S H:J 1(1. :111 1 IJ ;11ul :J .\tl-:t1: .. 1.1 _1:111 •ln•I, 11l,lr tu hth·,1:,11,•1 ::m, 111., h ••· ·,,. ,,,.,-·) lh1 "::nt· l'vn~tuller mil, \\rhhol. pa~·· ~n• ut t.cr.ain t ,,, du, 51:-:1e DfcncIt"" u11JcI11w '.•i,Jll'). ,c11clnr ofl!-.r\ n1lrrcr11t sy$1cm for.(&) unpauJ child :;upµCtn ti ·I•• "' rliild sur1,on arrc•rag~. It unp.11d wlancc, or t," a:cn~d inter~ or oth<r ch•r~e, ''"'"fu:d u, lit~ ~.,Q.~J-1(11, tt seq .. (CJ t1npa1d lunm doc ltl llu: S111den1 Lonn Division c,f thc Offi .e oflti~l~r Ltl•11.-M1vn: (d) 11nu"nts. required 10 ti( r,J1d 1n 1hr U~rnph.,ymrn1 CNnJ>ett:;il1ion Fund, t111 \~l other on;>,11d debts tt::n1fic::d by the St:'\lt' CortrCJllcr es owing 10 the Sta.It os a rc$u1l ol' final n~enc:y J :11:rmm:uion or judicial a:1ion. II . K. !iO ITWARE l'lllAC\" rROI-II BJTION. Go>c-nlOl's faccu1ive Order D 00~ 00. No State or other ru~hc flmds poi ~bk undc, lhis coru,.,ct shall t.e u:;ed for 1he ac.x.iu1sitirm, operaunn. or mainumam:.r C'f comru1rr sohw:uc in vt0la ion of fcdtral c,~·r rt.1 law$ o, opplicahlc 111:eosing, ri:-;inct,cms. Comr:,;•v 1 hcrrh) u:rulic~ 1hn1. for 1hc tcnn oftlus cumrac.l lnd
a11J Cl\tcnsioni., Con1u1c1or has in rl.-ce UrP1"PprinIe: sy~tcms and Ciffltrols \o ~\"!:'It su::h impropet \6t oi
public funds. Ir the Staie determine s tha: Contrac\OI is in ,·iolntion of this paragraph . the Stale rr.ay
exercise any remedy n1•ailuble a1 I•" 01 cquny or undtt this con1111t1. includine, without limiumon.
1mmedia1c t<nninauun ofll11s co ntract and ony rtmcdy consis1cn1 with fedend copyrisl11 laws or
applicable licensin& restriction<
I, ~-CMrLO\'EE FINANCIAL IJ'ffEll.EST. CRS §24-18-201 ud §24-SO.S07.
The ,igM1orie; avtr thn1 u, their lmowledre, no employee of the Sta1e has any pe11onal or b:ntficial
interest whats0<ver in the SCr\'iU or propell)' de.scribed in 1hu contrtcl.
J. 10.PUBI...IC CONTRACTS FOil. SE RVICES. Cll.S §8 -1 7.5 -101.
{Nor Applicabl• to ogretments relarlng 10 the o/fu. issuance, or ,aft a{ secuntles. im'Cstm ,nr 01M.•CK)'
services or fimd manol!emtnt sl!rv,ccs, 1pot1sored projttlS, fntt:rgovcrnmcnral ogr1)emems, 01·
i•tformarlon ttclrnology s<rvicu o, p,od,cts and 1u,•icc•J Controc:lor cenifics. warnnts, and agn:ts that
it docs not knowingly employ or contract with an illegal alien who will perform work under this contract
and will confirm thr employment eligihilil) of all c,,plo~ ccs "ho art n•" ly hired ro, cmploymcn1 ,n 1he
United Suites to perform worl: under lhis comrac~ through participation in lh• E-Vcrify Program or the
Office proi;n,m tst,blishcd pu11u,mt toCRS §S-17.S-102(SXc), Contractor shall nc1 knowingly cmplo) or
c('mlract with an illegfll alien 10 r::rfonn wort. under lh1s contract or enter into a contrncl with a
subcontmctor that fails to certify to Contnctor that 1he subc:ontrac1or sholl not know ingly emploi 01
cuntracl wi1h an illegal alien to perform worl. under thi s contnct. Conuactor (1) shall not use r "cnfy
Proi;ram or Offico program procedures to unden,ke p,c..,mploymcn1 screcninG of job aprlicams whil e
this contract is being performed. (b) shall notify tlit subc1mtrae101 end the contn,cting State agenr) "uhin
three days ir Contractor hns oc1Unl knowltd&e that a ~ubcoutractor ts eniploying or contracting whh 11n
ille;nl alien for work under !his contrDCI, (c) slal11crminate the subcootr1ct if a subcontnctor docs not
s1op employ in& or contracting with the illecnl alien ll'ithin Ihm days ofrec:oiving the notice, and (d) shall
co,rpl) wiu, reasonable requeru ::;lldf in the course or an ,n,•es1isotion, undertaken pursuant to CRS §S-
17.5-10J(S). by the Colorudo Office of Labo r and Employment lfControclor participates in the O!T,c,
program, Contn,::torshall deli,·er to the contra<:tins Stale a~ent)', mstilution of higher education or
jt0li1ic.il subdh•ision I wntH:n, notarized nffinnation. affirming that Comruclor ha, c..:arnintd \ht legal
"orl. ,,.tus or ,och tmployec, and comply" rth •II of U,e other requin:mcn1s of the Office pro cram. If
Co1nroc10r foils to compl)' with any requirement of this provision or CRS §8-17.S-l(II •I stq .. the
<Pntratting State agency , ins1itu1io:, of higher cducn:ion nr r~litic•I subdil"ision mU)' tem1ino1c th is
ct•nt ml fo r brooch and, ii" so 1cm1in111ed. Contr.ctor sh,11 he lbNe for rl,magcs
K.11 .Pl10LIC CONTRACTS WITH KATl.:IL-\L PEJtSONS. CRS §14-76.~•llll.
C ,.,.,,..,.,or. If• natural prr".on elsh1«n (IS) }e:ln of •~-c or older. hcn,by swears and affirms under
pen,11) ofpedury that he or she (n) i, • ciliten or Olhcrwisc lnwfully pn:senl in the United Stales pu11uanl
I<' fcderol l,w. (b) shall comply \\ith th< pnn·isions orCRS §24-76.S-IOI et seq., nnd (c) has produced
one form of identification required b)' CRS ~24, 76.5-103 prior 10 1he efTtc1ive dote of this contnicl
l'age 16 ort7 ,.....,..,,
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mi: PARTIES liERFTO H~ \"[ CXECTTrn THIS r.R .\\T • l·m u"' ••~•i•J lnr C:""'" lu,rh) J•m .. d ,m,,. 1Jm 11,r) o •r,u>luriud to'" un Gr>n1<1 •, bch,lr '"d 1<Ln"" ltil~, l h,r 1h, S1uC' Is rth In on Ihm rtr,rr\tru11i11ni II• rh •i tO"rtl CR.\\T(t Cif) 1nd Coun~ Dern er D\'· Orm Alexander
T;tie• O irer1"r. om~r t•( E'n ::~;:nC) l1l ■n.Jiem~r11 ind
!-ft•:""\rb,:' ~:-:-J"'Jt)
2nd Crani,, Sig_n1111rt if Na:ded
By: Name of AU!lo,zcd Individual
Title: Olr.clll TIiie of ~lllhori...S lndn odu1I
ST AT[ 0>' COLORADO Bill Ri 11tr, ,Ir. GO\'I:RNO"
G(\1•~•T1.o-r·1 (1ffic t o(H~:l.uvt Sc:cu,n.•
~:,lS,(4,C. \\iutnr).l>sre:iot •
LtCAL Rtl'fEW
John II'. Sutli<n, Anomei G<ncral
0 Sian11urc
Br:_•s7:;sn,i:::u:::,.::-. Aui-;::;:.111:::m::-;AD::::om::,:y::. :;G;:,::: • .,:::; .. ---
Date: ________ _
Da1e: ---------
ALL GRANTS REQUIRE Al'PRO\'AL By THE STAT.E COf>'TROLLI:R
CRS §H -J0-202 rrquiro 1hr Stalt Co n1r0llc r 10 •ppro,,, oll S111, Gron 11. This Cr■111 h no1 ,-•lid 11rull ilt ■rd and d11rd brio~
b) thr S1■1t Co.1l"Ollcr II ddfVift. Cr-.ntr-e-b ""' Hthorlud to bt,:ln prrlurm1nrr 11n011ut h t1mL. Jf Ct9nlrt br1i111
ptrf11111inJ prior rhtrt"J~ lht Sta tr of C1Jorwct. J, nor obU;11t'd tt P.) Cnntr.c for Hd1 p«f111nunu 04" rer any JOoch tndto,r
u n ku Preridtd hcrrYtdrr,
STATE CONTROLLER
Da,·id J . l\lcDtrmo11., C PA
Ry: ___________________ _
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ATl'L:ST: _., . Dr: · '/.;,,-;·":.....,.,_.._ ~'EPHA'NIE Y 0 Rou1m11 ~'111 IJM~~ CTl l!\,;<17 II(•/ :.:2. SJgrtlllU rL.._, rnnl'd Recorder, E~-Offic10 c · o t c 11)' a. C:oumy orDcn\'er -·--
APPROVED AS TO FORM:
DAV ID R. FINE, Cily Attorney for tht City and
CClunty Cl f Denvcr
B~./.1 -e. 1~tk:...--
. li1ssisierii C11y Attomer
REGISTERED AND COUNTERS IGNED:
By: {Ltp ). !-:_.L
Manager of Finance
Contract Control No. GC93002
, . /
By·"mffl11 e½1w.1i.1 ...
• 'lu~ilor ;·:..,
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:w:cm· :l. [XH1811 ,,_ -"N'LI, ~RLC I.~ 11 S J ::e:-11 .a\As :m;j r:.:g1.il111ons 1ncorrmra1~.d inro 1h:1: ront·.a:-1 i,~ :d!. ,: uh·,.:: i.11i13110:--· I A~t Oi;t11r:,1r,1tion .. rt t>f Is·:.;: L'.S C. Sec110ns 6101, Ol S,(, 1 Art D1mim,nnion .n Ezr.;,lo)n>rn' Act of 1%7. :o U.S.C 6ll-6;; Ani,ric.:ins ~111, Diubih11es Ac1 of 1990 (ADA). 42 t:.s.c 1:101. et seq ~ Equ,I hr Act ,r 196), 19 u.s C. 206(dJ 5 lmm1fr.i11on Rrfonn •nd ConlrOJ Ac1 or 1966, S U.S.C. 13:~b I> Stri,on .,o.i of •ht Rrhabili101ion Act of I 9,3, ~9 U.S.C. i~94~---7 Tuft VI of Ille C,v1J Rights Ac1 of 1964, 42 U.S.C. WOO.f 8. TIii< VII or1hc Civil lbghts Act of 196-1, 42 U.S .C. 2000:, 9. Titlt IX or the f.duca .. on Amendment ~r 1972. 20 U.S C. 1681. r1 seq
JJ. !itcl1on 24.34 ;ro tt sta,, Coftm~ P.e\'isc: S:4:111c1 ;99;. as amended
I I Tlit 1pplic1blt c>fthc fo lio,.ing:
I !.I. C.isi Principals for S1.11e, Loe.al and Indian TriboJ Go,·emments, 1 CFR ::s, (0MB Circulor A-S7J;
11.1. Cos1 Principal, for Education Jnstitullons, 2 C.F.R. 220, (0MB Cir:ulor A·1 I;,
I 1.3 Cos1 Prindpo)s fo r Non-Prof,1 Organiz,tions, 1 C.F.R. 230, (0M B Circula A· 122). and
11 4 A udlts of S1a1es, Local Go\'emments. and Non-Profi t Organiuiions /OMU Circular '-·133 ): znd or
the Colorado l0tal Go"emmen1 Audi1 Law, CRS §19-1-60 1, el seq, and implemeniinG rules and regul11ions,
l l.S. lmmiv,nion S111us -<:oopen1ion with Federal Offic ials, CRS 29-29· IOJ. el seq.
II .6. Davis-B acon Act, 40 U.S.C. SS 276a to 276•-7.
11.7. Copeland Ac~ 40 U.S.C. S 276c and 18 U.S.C. SS 874.
11 .S. Comract Work Hou ri ond Safety Standards Act, 40 U.S .C. SS 327•.•33, regarding labor s1andards for fedtrall)' assisted construction sub-awards.
I 1.9, Wild l!ld Scenic Ri~ers Act of 1968, 16 U.S.C. SS 1271 t L Seq., relaied 10 proleetln g compon,nts
or potentlal componenl$ of the nationa l wil d and sceni c: rh-e rs .s1·s1em.
l I.JO. Na1ional Hist~nc Prose1'•ation Act of 1966, as amender., 16 U.S.C. 470, Executl\•• Order No
11 S93 (id:ntifioation an d proieetlon o f historic properties), and the Arehaeolo!Jical and H1s1oric Pres en•ation Act of l 974. 16 U.S.C. 4 69a-J eL Seq.
I I . I J. S14fford Disaster AU,.itancc and Emeri:ency Relief Aa ;2 U.S.C. 5 J 21 e1 seq ., as amended.
I 1.12. Nati~nal Flood lnsuranc, Act or 1968 , 42 U.5.C. 4001 <L Seq.
I 1.13 Comprehensh-e Environmental Response. Compensa1ion, ond Liabiliry Ac1 of 1980, 41 LISC 10-l.
11.14. Office of Defens e Authorization Acl of 1986, Title 14, Pan B. Soi:tion 1412. <o U.S C ISH. I I 15. USA PA TIUOT Ac1 or::!OOI, (Pub. L . 107-56).
1116. Oiglllll Television Transition and Public Safe ry Act of200S, (Pub L. 109-171)
12. Federal Emcrgenc;, ManasemeJU Agency, Office orHomeland Securi1l Regula1ions: All Applitablt
Portions of 44 CFP. Charter I. "11h 1hc followint Parts ,, !<:ialli noted and applicable 10 all 1rants or FEMA/DHS fund,:
I 2.1 Unirom, Administra1i""' Requirements for Gran ts ond Cooperati"e Agreemen1> 10 S101, and Local Governments, 44 C.F.R. 13.
J ~.2 Go,·cmn~nt1,idt Oe~ru and Suspciuion (Nonprocurcmen1) and Rtquirements for l'"-';•frrt Workplace. 44 C F.R. 17.
12.3 Ne" Re11rictions on lcbb)'ing. ~4 C.F.R IS.
l 3. l'ril·a,) A:1 of 1974. S U.S.C. S 5529 and Rei;ula1<0ns adop1ed th:r,under (44 C.F.R. 6).
14. Prohibi1ion 1sain:;1 usr ofrtJcrol Funds for I oh~)'in~. 31 U.S C. 1351
I 5 \/~,e of :ht funds m:,~e t\a1lablc through 1h1s agreemen1 shall be used in conim·ention of 1he Fe~•r:11
buildin~s p,rfor1nance ond rtponing requirements of Execu1ivt Ordtr No. IJ I 23, pan 3 of 1i1le \' or 1he
National EntrS) Consenaiion Polici Ac~ 42 U.S.C. 6251 ct Seq .• or sub1ille A of111lc I of the Encrc>·
Polie) Act of200S CincluJing 1he omendmt nts made ther,by).
16. None or the funds 1n1de 3\'ailahlc shall be used in comravcmion orsec1ion 303 ortbe Energy Policr Ae1 or 1992, 42 u.s.c. 1)212.
I 7. Bu)• American At~ ~ I U.S.C. J Oa cl seq .
• IS. Re lc"ant rcdera l ond S1a1e Gmm l'rogr:,,n Guidance
P•~· I or I -Exhibil A -Applic.N, Law,
h, tttd tr '~lf\;"'~""17 ~-1.1.XII JUff D-SHTrM[l\'T OF WORK -GRA.\'T Al'l'LICATJO~ llCLll"f.R.ABl.tS: I I. Q unr1eri) fln,ndnl S1111111nd Prog ress Rc11or1s. The 1•rojee1,s) •p?ro1•ed i111hi• Grom nrt 10 bt complt1tJ on ur before the termination da1e stated in§~ or lht G11n1 At,cement Gran,.., shall ,u~mi1 qunnerll financial Sl!1us and progranimmic PIOj!tess «poru for each proJect idcmifto.d in lhis •srecmeni u• 111~ lhe fom11 P"'"idoJ ~l the
Cl!li:c. T11n ropics wi1h urigilUII signatur.s ,holl 1>< sub111i11tt1 in ,,ccordancc 11i1h tli< •chedulc belo11.
Rtl'_ort P eriod Due Dote JanuaJJ' -Mart h April JO ~ril-Junc Jufv 30
Ju!.!'_ -S~cmbor October 30 October -December Januarv 30
1.2. final Reports: Grantee shlll submit a final financi•f Sl!tus &lid proflTCSS n:po,t lhat
provides lino.I financial reconciliation and a final cumul11ive grant/project
occomplishments repon within 4S days of lhc end of the projccligrnn, period.
Obligations of funds may remain on the fina l repon. The final rcpons n111y <ub,iilute fo,
th• qunneriy repons for tl,e final quarter ofthr ~nt period lfall rmj:C'.s •rt completed
btfore 1he end of 1he gn,m penod, the firal n:port may be subnuned at ani, time before
its final due da1c. Further reports an, not due afier the Office has 1eccil'cd. and sen1 notice or acccptnnec of 1h, r.n,I crani rcp0n
l.J. 1'>un-federnl Motcb: Thi s non-federal match scttion /check,.,..,□ applies 10 or doc,s
not apply® lo lhis G·,nt ~ 1h,. Gran1 requin,s a noi,.federal maich
contribution o(NIA of pan of the lotal Grant budget Documcntaiion of cxpend11ure,
for lhc non-federal mn1c h comrlb ution is 11·quired will, coch drawdown regues1. The
march /cl1eck one} [81 may or may not O include in-kiud match.
1.4. Olhtr Oelivt:rables: NIA.
2. l'ERSONNEL:
2.1. Key Personnel
2.1.1. Responsible Adminb1 r11or. Grantee's perfonna= hereunder shall be under
1he di1'Ct ,up,n·ision oflbn (lcunclrr, an employe,, or •scn1 of Oramec, who"
hereby do>1&n:11ed as the re;1,rnoible od111iniS1r:1tor of 1111, pru)ce1 .
~-1.2. ltcplacrme111, Gr,n1ee,H1 im mcdinicly no1ify lhe Olliceif any key pmonnel
cca;e 10 serve Provide;J tl1<:re , a coocl-faith n<35on for the chansc. lrGr.u11ee
11 ish~ to r<pl11ee its lO) pen• ~ael. it shall nollf) 111< Ol!icc and s«k its approval.
wh ich shall be at lhe Ollicc', !-<•I~ di<cretion. ,s tho Office issued lhi~ Gran1 in pan
1 elioncc on Granlec ·s repmcn101ions re~arding J.:c)' Personnel , Such notice shall
,pccify wh) 11,e change is necessary, who the proposed rcplacemen1 i,, \\hot his/her
qualilic.-itions a,e, and \\·hen lhe change v.ill take clTccL Anytime key personnel
tel\Se to scr\e, the Office, in its sole di~crelion, m3y direct Gmn1ee 10 suspend work
on lhe Project un1il such lime as replacements nre epproved. All no1i ces sen1 under
lhis subsec1ion shall be sen1 in accomancc wi1h §18 of the GmnL
P1ge I Cl ll Exhihit B-Slotem,n1 of ll'ork-G,.,. J\ppliG1tu,n
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J. TESTlliC Al'iO ACC[rT ANCE CRITCRI ~: 3.1. Tl1t Office shall e,aluote lhis Pro;c<1(s) throui;h d,c rrview of Granltt submined firtn:i1I and pro;res, reporu. The omce ,na)' ,lso cond uct on-si1e monitorinB 10 dc-t'llline whether the G11nter. i, mt<1ing'mc1 the rerfurmance goal1. administroth • st,nd,rds, finoncial m4nagcmcn1 and other requircmtnlS of this grnn1 The Office will notify Granttt in 1d,,nee of s1JCh on-silt monitoring.
4. PAYME.l\'T:
4.1. Ptymrat Schedul,: GrJntec shal' su~it re:;acsu r,. n:imburscm:ot usins lhe Offire
pm1idcd fonn at ltas1 quancrly. Two orisinal sisncd copies of1h, r:imbursement
r~;esa are d~ on the !JtmC dale1 as ll',e requited fmancial rtpons, All requests shall be
for elitible actual expenses incurred by Ci11nte<, a, described in d:Llil in i i of lhi,
Exhibit llequesu shall be 1ccomp1nied by supponin! documentation 1011ling at lm1
lhe 11m •l requested for reimbursement and any roquircd non-fedora! fflltth
eon111out,o:a, If any financial or progress reports arc delinquent at the 1ime of a payment
rcqueS1. the Office m,y "ithhold such reimbursement until tit requir.d ~ru h11•e
been submincd.
4.2. P•~1Dt1 I Amouot: If non-federal r-,atth is roquiJed, such match shall be documented
with <Very p11yment request. Excess match documcntec and submincd wiu, one
rdmbursement ~•est shall be applied to suk cqueni requests as nec essa,y 10 maximize
the nllowable rcimbursemenL
4.3. Rtraittno:e Address. If mailed, payments shall be rcmined 10 the followin& •ddrm
unless clanged in 1:cordancc wilh {18 or the Gnni:
Cirv and CountV of Denver
201 \\'est Colfax 1>.01 90~
Den1-cr. CO 80202
5. ADMINISTRA Tf\lE RtQUlru:.MENTS:
5.1. Requi1td DocumenlJIJon: Suff.ciem detail shall b, provided "ith rcimbursement
requests 10 domonstrale that expenses are allowable and appropriate as dtiailcd below:
~.1 .1. [quipmeol or IID&ible goods. Requests for rcilt'bursemenl for tangible personal
propeny with o pun:hue price ofless than SS,000 per item shall include the in1•oice
numt>er, description of it,m purchased (e.g. radios), and the loc••ion and number of
items. For equipmen: ilems "i1h I puidlase price or or tX<..."'tding SS,000, and•
uv,ful life mor, than one Y=· the Grantee sh~II prol'ide a cop)' oftlrc Invoice
and include a unique identifying llll1llbet. This number cnn be the manufacturer's
serial number or, if the Grantee has its 01<n exi • ~ inventor)' numb<ring S) Siem,
llul number may be us,d. The loc>tion of the eqJ1pmen1 shall also be pro1•ided . In
oddhion 10 ongoin& troc~ins requimncnls. C,rani<e shall ens~rt !hat equipment
"Ilk pe, unit cost ofS5,000 or more arc prom1ncn1ly m:i,kcd in a mann,r ~imilar 10
Ult following: Purchased with fu .-.ds pro, i~:o ~ 1hr l1.S. Dr?lnmenl of Humel:n.i
Se:a:it) enJlor fr.MA D$ P.pprQpn,1e.
5. 1.1. S.n Ices. Gramm shall include controct/pun:he.<c order num~s) or employee
n,mes, the date(s) 1he services 11er, pro,•ided ond tlre au1un, oftht ,m·iccs.
Cran1m shall n:to,n all procurement and Jlllymenl documen1otion on site for inspection.
This sh,11 include, but no! be limited to, pun:hase orders, rettMng documents. ievoi=,
vouchers, ,quipmcnt/scn•iccs iden11fice1lo n, ond time and erTon reports.
5.2. Procur,rn,ot: A Crantet shall ensure its procurement f!Olicics meet or ,xee:d local,
stair. end ftdcrnl ~quiront~ols. Gronl<ts should refer l0 local, <late, and fcdml
rite 2 of 13 -C.h1hrt O -Slatem,nl or Wor~ -Cnnt Appliu1ion
i;uufa,1. · I" 101 H• 11,11 , rlt>11 .inn rt~.11d111;; ~01111•~•1111,•c hid·,. ~ole source or othc-r prm·u n:irnm1 i~·.ul·;. In .-dd11mn 5.~. I. All} sole source 1n111so:1ion m e.,cc,s of SIOO,OOOsholl br •rpnwrd in od,an:e I'} lhcOffice. S.2.2. Grantees shall ensure 1ho1· (a) -.11 procuremem transaction~. whcihcr n::;u1i•1ed or compe111h•ely bid, and "ilhou1 rq;ivd 10 dollar value. are condUcied in a mo1111:r 1lm1 pro1•i~ ma~ill'um open and free compe1i1ion; (b) Gramec shall be alen 10 011aniu1ional confiicls \\f interest 1:idlor no11-rompe1i1h•r pnituc.s 11noog con111C1ors thal may tmric1 or climina1c competition ru othctwisc rcs111in 11nde; (c I C'cmtrac10:-s v.ho de, clop or dr•ft ,:tt:fiauions. r«1uiremerus. sui11:mcnas of work.
and/or RcqllnSIS for Proposals (RFPs} for• proposed procurer~nl shall be excluded
foun, biddini; or subm,nin, a propo'"I 10 comp:le for~ .. award ofsuth
procu1cment: Ind (d} Any requcs1 for cxcmplion ofiaem 1 -. within this subsection
shall be submined in writing 10, and be approved by lhc authorized Granlec official.
5.2.3. Grantee shall venfy 1ha1 the Conaraclor is nol deharr?d from p,nicipaaion in S1Qlc
and federal proaran,1. Sub-grantees should re\'iew comraclor deb:inncn1
infonno.1ion on b\lp;//www,eols.gov,
S.2.4, When issuing requesas for proposals, bid solicilalions, and other published
documents describing projects or programs funded in whole or in J>i~ with these
gren1 funds, Granlcc and Subrnmces shall: (a) slate lhe percentage uflhe total cost
orthe program or projecl which will be financed wilh gra n1 money; (b) stale the
dollar amount of s1a1e or federal funcis for the project or program; and (c) use 1he
phrnse-"Thls project was supponcd by gn,nt 1198H S787 l 7 issued by 1he
Governor's Office of Homeland SecuntY,"
5.2.5. Ciramcc shall vcrif)' 1h11 all purchu.; are Hs1ed in §6 of this Exhibit Equipmen.
purchases, if ftn)', shall be for items listed in the Approved &jOJipmcna Lisa (A.EL)
for 1hc uran1 period on tho Responder ~nowledge Base (RK!I). at
h11p:l/www.rkb,mip1.org.
5.2.G. Gr1n1ee shall ensurt 1ha1 no r,~hts orduaics exercised under lhi, grnn~ or
equipmenl purchased with Grana Funds having a purchase \'&luc of Sl,000 or more
art llSSitried wilhou1 ~IC prior wrinen consent of the Office.
5,2. 7. Grantee shall ensurt lhal all funds are needed 10 supplement and no1 t o supplant
the Oran1ee'1 own funds.
5.3. Atldhlooal Admlnislntil'C Requirements: Any chance in the scope ofa project.
including the purchase of cquipmem nc• shown in this Exhibia, or any cban~ equal 10 or
crc11er than 10% (cumul1ti1·c) 10 lhc budge1 shown in this Exhibia, require$ a formal
1mendmen1 to this conll'lcL
TIit REMAINDER or nus PACE 1/\'Tl:I\TIOl\'ALLY LEFT D1..AJo;t;
Pa;, 3 or 13-E.,hiblt 0-Stnlement of\\lorl<-Groni .~pplico,ion
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6 CR~!\'T ~Pl'LICATIO.~-Ct:OG[l ITCM l2.HJ ON: C,lorado llon>tland Scrur111 Gnni rro0 ram • fl" ?008
c,..~, rroerai,:,; l rb11 Arr., SteDritJ Jnui11l, r fl AS:I)
f1' 1008 BUDGET SUMMARY J
f'r9jn:I rlu•hi,c rrr,oand £1,"'"' Tr1lnln~ !qaJpmut s.~,.,. .. ~OICCI I • I I IIJ.OCIO I ., .. _.. I :J.1◄.a!'!' I uou-:--,~, . .... • ,o,tclO I I I ..... I ltt.001'1 ,.,-.,1 I • IIJAO!! I I 1J1 crn I 1,uoc I 1:1,.Mlel Pr~• I I I I I J.•1t,.m I ,,ri,.m ft,O_iCICI s • I I ' I I ,,_. I I . I I I Prol.:c11 • I I I I I rTOlt<I I I ' I I I I r,owirt, I I I I I I Pl'OJl'Ct ID I • I I I I ,._,II I I I I I I ""'.ta;! 1: I I I I I . #'roJr:t lJ , I I I I I f'rOtcl t4 I I I I I I hD,on IS I I I I I I
... ..., ........ I• LtN.a.,-;J ~ [ ,.._•MtM•N h lr:t.t.ii I Jll&lllt.14.\Lt-I• 10 .~ •• 1
Ttt.aJCnat ltrQIIGI I• .... , .... ,
Page t1 of I J-t--:.hibit 8 -S1a1cmen1 C'f \\'orL--Gnni Applica1ion
l••••Jrr1 J'rnlt1l) f':umhr, :rnd ~Nmt..·: I Ill> l'rl"p:ucdocn: l'rulttltOh, l 1rtHnt1un . J(t~\f tllll~C, ltt'tO\ t:r)' nu, prujccl will focus on mtn,1hcning rvotection, pm1ec1ion & dctenc11ct throuG)l hnpro, cd l lil(NE dctee1ion, CIP ectil'ilies, Md lmprtn,d infom,a1ion sharing . It "ill •lso focus on 1111pro, cd rrc-dc1one tion response opcrotions 10 IF:D throush planning, ,cqui~ilinn ar equipment, lrJi11111g 011d exercises to ensure that lw1nb squad,._, 11 ell as other responder •scucics hal'c lhc ncccs".;a~ tools lo defeat nctunl or suspec1cd dcl'ices.
Pege Sor 13-Exhibll 8-S1•1emcn1 of Work-Grant Applic11io,1
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• P>se 6 of 13 -Exhibit B-Stotemtn1 of\\'orl.-Qr,nl Applica11on
1111• projm continues thee cfl'ons of our public educati,,n C3mpaign. READY Colorado Our P' nrwy go3J is to ducate end mo111•11e ciuuns into tal.:in; ,ction in pr<paring for, prCl'Cnttng. moJ -:upponinc response and reco,•cl)• cfl'oru pre, during end pos1 disaster Citizen outn:adt "11h ta111p111w, pannen includes printed producu, internet, media and fa cc-tc,.f-e1·cnt p11ni<ip,hc,n 2 -Cuize-n Prcp.irtdn•u
PnJie 7 of I) -Exhibll B -S111emen1 or Work -Grant Application
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Gelenne~
Parr 8 ofl3 -£xhfi,;1 ll-Sul<m<nl o'.ll'o·~ -Gron\ Appf,ution
, ....... --
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Jiu 1wnrc1 "ill con1i11uc 1hc implcmcnt;nu,n of capabH1116 h=is~ pl:mnin@, This includes the -..,1,ry for die pl•nn 1n11 stalhnd contrac1on "ho will implement our m·ised sttategic plan and ,11 plonnin; oc1i\i1i es which Drt mdudcd in U>e ,0315 & objettivcs of the strategy. Funds will elso be used to acquire planning soll,.art. The sptt1fit ,ccomplishmems th•t ,..., "·ill ochte,•e an, Re, row.and rtvi.st com m!uce wort.plans and U.4.SI sttatcgy: complc1< COOP/COG dTuns "nlun ruM1t. :u;cnciu and continue 10 t:\rand thost cffons into the pril'ale sector: rt,icv.. rc,•is~ & S)·n,;hron:l'.e cmersency operations pl1111s: 111>1 complete annual C3p,biiity and risJ. as._,,,1nen1
Pea• 9 of I J -Exhibh B -S1.11emen1 of Work -Grant Application
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"'.,.'"f'"' ''..,..•••Sttl.-..,.., ... .,..n,~ J f"'IrWN t••11•n"..,,...,...,.,_ ,,,.,.,... :=::::=====================: ...... _Mo 1,\JI -,~ ;:::::==============~ k 11f .. ">'1.•l■•,.v., :1,,W\111( ::::::::::::::::.---_-_-:._-:._-_-:._-:._-:..-:..-:..-:..-:..-_-:..-:..-:..-:..-:..---...J
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•• TOTAL •
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• Pace 10 or 13 -bhibu 8-Swornont ofWotl:-Gnnt Ap;,li<>tion
4-l11ttrupcral ,lr Co nimun icOon.s Tiu, proj«1 \\ill coniinur 1110 1mplt111cn1a1ion or lht 1ei;ior.,l 1atrit:1l in1emptrablc cm11n111nic11ions plan (TICPJ ll'h1ch includes the acqu,sition of both infrastructcrc and cnd-11<e1 •qu1p1non~ and 1r11ning and •~crcis,,s. Radio, mierowa,.,_ ham radio, repca1cr, nnd infras11uc1urr l'IJ111pmcn1 "ill be purch:ucd and deployed, upsradcs 10 1nfras1ruc1urc and 10 '""""~ r,d,oo, lruinint will be Pfl)•·i<lcd on tht cquipm•nL plans and'"'"'•'!:" 111 be kSlrd.
Page I I or 13 -Exllibil D -S1n1.,11,n1 or Wor~ -Grom Application == = -
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Png, 11 or 13-EAhibil 8 -Sta1tmtn1 of Wotk-Grant Arr,lie:ation
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Pege 13 of 13 -E•hibit B -S101cmcn1 of Work -Gnni AppliC3tion •
• For Official Use Only BY-LAWS OF DENVER URBAN AREA WORKING GROUP Revised 3/4104 Re-revised 7 /22/04 Third Revision 2/16106 Conforming Revision 3115/06
Fourth Revision 9/20/07
Fifth Revision 12/6107
Preamble
The U. S. Department or Hor,,eland Security has initiated an Urban Area Security lnlliatlve
(UASI) Grant Program the purpose of which is to facilitate planning, equipment acquisition,
tralnln:;i, exercise support, and administrative support for inttiative~. programs and
interagency coordination associated wtth the deliv9ry of emergency services to prevent,
manage and mitigate disasters and other emergencies. The programs and services which
will emerge under the UAS f initiative will apply to the City and County of Denver and to the
twenty-five (25) cities, counties, transportation district and fire districts contiguous with the
City and County of Denver, plus two cities (not contiguous but added due to OHS policy
guidance) which are listed below. Denver and the twenty-seven jurisdictions and
organizations collectively will be referred to as the Particlpal , 19 Entities or Entitles.
• Additionally, effeclive 7/1/06, a "buffer zone" as defined by the U.S. Dept. of Homeland
Security was modified by the SM at the request of the Working Group. That buffer zone
now consists of six counties (Boulder, Broomfield, Clear Creek, Douglas, Elbert and Gilpin
and their mgmber Jurisdictions) which are part or the Denver metropolitan area but not part
of the defineJ Urban Area. The buffer zone was defined to encourage UASls to take an
inclusive regional approach to preparedness activities and to includ e additional
membership from the buffer zone as appropriate.
•
The City and . Junly of Denver, as lhe core city recipient of the UASf grant funds, will fulfill
the following core roles in order to achieve the goals of the UASI grant:
Worl< with the Colorado Department of Local Affairs, Divisic.>n of Emergency
Management Point of Contact to implement the UASI grant.
Deline the urban area .
Identify the contiguous cities, counties and lire districts that comprise the Participating
Entities in order to determine the initial composition of lhe Working Group.
Work with the members of the Urban Area Working Group.
Achieve agreement on grant budgets to be submitted to ODP.
Article 1
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Purpose
A. The Partic ipating Ent iti es will:
• EXHI BIT
f B
Working Group Page 1 ol 8 By-Laws: Rev,sed 12/6/07
For Official Use Only 1dePhf1· ;i primary voI11,g member and one allemate vo11ng membe1 10 represenl each pa1:1c1pallng entity on the Utban Area Working Group., 2 assure that required agreements involving the respective Participating Entities are fulli ex&::uted; 3. assure multi-disclphnarv pa rticipation in the UASI Grant process to include law e nforcement, emergency med ical services, emergency management, fire services, hazardous materiols, public works, governmental administration, public safety communicat ions, health care, and public health; B. The Urban Area Working Group will serve the following purposes and lunclions:
1. To be responsible for lhe proper development of ell 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, th& Urban Area Homeland Security
Strategy.
5. To address planning, equipment, training, exercise needs and operational
activities of law enforcement, emergency medical services, emergency
management, fire service, public works, governmental administration, public
safety communlc:a!lons, health care, and public health of lhe contiguous
jurisdictions and lire districts of th9 UAWG, using available grant funds.
6. To determine the distribution of grant funds across the six funding areas as
defined in the Urban Areas Securities Initiative Grant Program.
•
7 . To promote the coordination and integration of plans, training, equipment •
acquisition, exercises and operational activities with the State and the North
Cenlral Region.
8. To incorporate Iha Incident Command System within all first responder
operations during the grant period and to implement the National Incident
Management System (NIMS) when tt becomes available .
9. To accomplish any other UASI grant initiative related task defined in the UASI
grants or the Strategic Plan.
10. To add or delele additional members, as necessary.
Artic le 2
Membershi p
The Participating Entities on Iha Urban Area Working Group are:
Adams County
Arapahoe Coun~/
Jefferson County
uenver, City and County of (2 votes)
Arvada, City of
Aurora, City of
Cherry HIiis Village, City of
Comme rce City
Wori<lng Group
Sheridan, City of
Thornton, City of
Westminster, City of
Wheat Ridge, City of
Arvada Fi, e Protection District
Cunningham Fire Protection District
Greater Brighton Fire Protection District
Llllleton Fire Protection Dlslrlct
Page 2 ol 0 By-Laws: Revised 1216/07 •
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For Official Us e Only En gl ewood , City ol Glenda le , City ot Greenwoo d Vill age, City ot Lakewood, City of Littleton , City ol Regional Transponation District (ATD) Edgewater, City of
A. Voling Members :
Non h Washing ton Fire Prot ec tion 0 1s11tcl South Adams County Fi re Protecti on D1smc1 So uth Metro Fire and Re scue Soulhwesl Adams County Fi re Protect ion Disl nct West Meire Fire Protection Dist nct Colorado , State of
[By -laws revised 9/2097 to add RTD & Edge water.}
The City and County ol Denver, as lhe core area lor the Urban Area Security Initiative ,
will invile leaders trom the Participating Entities to appoint members to the Urban Area
Working Group, in accordance with the UASI program guidelines. Invited leaders shall
be either elected or appointed officials, representing the jurisdictions, or executive
managers representing organizations such as a tire districts contiguous with the City
and County of Denve r.
Each Participating Entity shall appoin t a vo tin g me mb er as a primary member to the
Ur.ian Area Working Gro up. Each pa rt icip atin g entity sh all have one vote on the
Wo rking Group; except that Denver, as a City an d a Co unty, shall have lwo votes on
the Working Group. In addition, the Participating Entity may Identify one alternate
member to the Working Group to represent the entity when the Working Group primary
member Is absent from meelings. The members and alternates will serve without
compensation trom 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 , publ ic works , governmental administration , public safety
communications, health care , and public health. The selected Working Group vo ti ng
member for a participating entity will represent au the responder agencies and
organ izations in that participating entity once appointed to the Workir.g Group.
In addition , The UASI Grant Program Point of Contact from the Colorado Departrient
ol Local Affairs , Div ision of Emergency Management, shall be a voting membe1 al the
Working Group .
B. Non -Voting Members :
Non-Vo ting members to the Urban Area Working Group may be Inv ited by memb er s of
the Work ing Group lo participate In the UASI process tram law enforcement,
emergency medical services, emergency managemen!, lire services, hazardous
materials, public works, governmenlal administration, public safety communications,
health care, public health, transportation, priva te industry or any other organization
deemed to have resources, expertise, or ca pabilities relevan t lo enhancing the urban
ar ea prepa redness .
Work1rg G1oup Page 3 ol 8 By•L!W5, Ro vised 12/6107
For Official Use Only Aniclo 3 Powers and Duties of the Urban Area Working Group A. The Urban Area Working Group shall be responsible for the following: 1. Fullhllment of duties form('rly performed by the Urban Area Leadership Group. including:
a To review and approve budgets lo be submilled lo OHS
b. To review and approve lhe Strategic Plan developed fo r the UASI grant
c. To review and approve lJASI grants for submission to OHS
d. To assure the UASI Grant program, reporting and evaluation requirements
are being mel.
e. To Issue any policies and business rules requ ired to achieve the goals,
objectives, and tasks of the UASI grant.
I. To ralily amendments lo 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 antJ make recommendations In mailers pertaining to the adminislratlon,
programmatic direction and operational direction of the Urban Areas Security
Initiative granl program In accordance with Iha Strategic Plan.
3. Program Definition and Planning -The Urban Area Working Group Voling
Members, or subcommittees the reof, shall be responsible for defining the Urban
Area Risk Assessment; developing the Urban Area Strategic Plan; developing the
Resource Capability and Needs Assessment; assuring Iha National Incident
Management System (NIMS) Implementation; identifying other training and exercise
needs: equipment acquisilion; identifying and addressing legal considerations;
defining required communications/Information technology; and overall initiative
management and administration.
4. Budget Preparation -The Urban Area Working Group Voling Members, or
subcommittees thereof, shall be responsible for preparing grant budgets that will
Include llne items for program administration and management staffing, purchases,
training, exercises and program evaluation.
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 lhe UASI grant
lunds, based on its priorities as determined by the risk scenarios, risk assessmenls,
Working Group Pngo 4 ol 8 By-Laws: Rovlsed 12/6/07 •
For Official Use Only • capab1hty gaps. and slralegic plan.
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6. Publicizing the Program -The Urban Area Working Group, or a subcommittee thereof, shall determine the methods and type of publicity used to inform the 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 Urban Area Working Group Voting Members will maintain
proper communications between the grant program and the leadership within the
local jurisdictions. county jurisdictions and lire districts contiguous wilh Denver other
metropolitan area jurisdictions and organizations, the State, and DHS
B. Terms of Voting Members -A Voting member will maintain his/her position on the
Urban Area Working Group, once appointed by the participating enti1y, until that
appointment is terminated or changed by the participating enllty.
C. Vacancies on the Urban Area Worki ng Group-Upon determining 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 to 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 Voti ng Member fails to respond or If the Chai r deems the Voting
Members' response to be inadequate, the Chair shall cause writ1en notice to be made
tq the Voting Member's participating entity stating a vacancy has occurred in that
organization's partlcipatio1. on the Working Group. A vacancy that occurs on the
Urt,an 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• The Urban Area Working Group shall be chaired by
the Director of the Denver Office of Emergency Management or h is/her deslgnee.
B. Duties of the Chair -The Chair shall preside at each meeting of the Urban Area
Working Group , cause the agenda for the meetings to be set, cany out general
executive responsiblllties, appoint committees as deemed necessary, and represent
the views ol lhe Urban Area Working Group.
C. Committees -The Chair al his/her discretion may appoint committees to study and
report on any matter of concern, lo draft proposed policies, or lo develop and propose
any position, or for any other purpose . The chair shall appoint committee chairs ol lhe
Urban Area Working Group. Any report or proposed position developed by any
committee shall be presented to the entire Urban Area Working Group for Its approval
at any regular or special meeting.
Wor<tng Group Page 5 ol 8 By•Laws; Revised 12/6/07
For Official Use Only Article 5 Procedures A. Regular lvleetlngs -The Urban Area Working Group shall hold as many meetings as it deems necessary , which shall be held at such times and plac.is as th e Chair, In consullation with Memb ers of the Urban Area Working Group. may determine.
B. Special Meetings -Special meetings of lhe Urban Area Working Group may be called
at the request Chair of the Working Group. Special meetings shall be at such place
as the Chair of the Working Group, may determine.
C. Meeting Notice -Wherever practical, the time and place of Working Group meetings
shall be communicated to members at least 7 days prior to the regular meetings.
Notice shall include agenda materials and will be deemed to be given when said
material is sent via facsimile, personal delivery or electronic mail lo the Group
membe rs. Representa tion at a meeting shall constitute waiver of any failure of notice.
D. Quorum • A quorum, for the purposes of conducting Urban Area Working Group
business, shall consist of fourteen (14) voting Urban Area Working Group members or
their alternales present at a meeting. For the purpose of determining a quorum, the
participating entity alternate representatives will be counted only when the primary
voting member is absent.
E. Voting -All acts of the Urban Area Working Group shall be by vole when at a regular or
special meeting. Only Urban Area Working Group Voling Members shall vote on
Urban Area Working Group issues. Each Urban Area Working Group participating
entity shall have one vote. Absent members are encouraged to send their allemates,
but proxy votes (defined as one entity voling on behalf of another entity) shall not be
allowed. Motions shall pass upon a majority vote of the members present. However,
the Chair shall retain the prerogative at any time to poll absent members for
controversial issues. In such Instances of polling absent membe rs, the chair will call for
a vole ol the members present at th e 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
Working Group membership.
F. Agenda for Meetings • Agendas shall be distributed by mail or sent by facs imile,
personal derivery or electronic mail to all Urban Area Working Group Members.
Members shall have the right to 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
ii to the Chair or administrative staff person within a reasonable time lo allow inclusion
of the item on the agenda prior lo distribution. The agenda may be changed by
majority vole of the members present.
W01klng Group Page 6 ol 8 By-Laws: Rovlsod 12/6107
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• For Official Use Only G. Minutes and Records -Minules shall be reco rd ed and transcribed of all regular and special meetings of Iha Urt,an Area Working Group and shall be approved by the members at their next regular meetings. H. Robert's Rules of Order • All matters not covered by these By-Laws shall be governed by Robert's Rules of Order.
Article 6
Amendment of By-Laws
These By-Laws may be amended by a minimum of 15 affmnative votes of the twenty-
nine(29) Participating Entitles after a proposed amendment has received one reading at a
regular Urban Area Working Group meeting.
Adopted This Day of July 22, 2004 . (original first amend ment to the By-laws)
The minutes of the meeting at which a final vote of adoption 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 available on request.)
Justin Demello, Director, Denver Office of Emergency Manag'lment
{Tl19 records ol th9 2/16/06 meeting of the Worl<lng Group Indicate a unanimous favorable vota of
the 18 voting members present approving the addition of Westmins ter and Thornton to the
Working Group as voting members.)
{The records of the meeting of 314/04 indicate that the Working Group, by a unanimous vote of all
22 jurisdictions mpresented, rscommended these revised by-laws to the Leadership Group. and
that the Leadershj, Group, by a unanimous vote of 21 Jurisd'IClions represented, approved the
previous version of these revised by-Jaws.]
[The minutes of the 7122104 Join t meeting of the Leadership Group and Working Group reflect that
th!'"a was a unanimous vote rocommend/ng these revised by-laws to achieve rhe merger of the
two group11 Into the Urban Area Worl<lng Group.}
{Thi, min res of the February special meeting of the Working Group reflect that the vote to include
thll lldrJ,1,onal jurisdictions was unanimous.]
{The mlnures ol the September 2007 regular meeting of the Working Group reflect unanimous
approval of adding Edgewater & RTO as well as numerous other changes throughout the By-laws.}
Wo1kmg Group Page 7ot 8 By•Laws: ReVISed 12/6107
For Official Use Only /Tho m1r>Utes o/ lhe Dec G, 2007 regular meeting reflect unanimous approval of the revision 10 rol/ac1 thal lhe arld11,on of new memb6rs 10 the Worl11ng group is the responsiblMy ol lhe Working Group.) •
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• Working Group Page 8 ol 8 By-laws: Revised 1216107
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!JV AUTHORITY ORDINANCE NO. SERIES OF 2009 COUNC[L BILL NO. 19 INTRODUCED BY COUNCIL MEMBER W[LSON AN ORDC'IANCE AtmlORIZrNG THE ACCEPTANCE OF AN lNTERGOVERNMENT AL
GRANT "STA TE OF COLORADO DEPARTMENT OF LOCAL i\FFAlRS EMERGENCY
MANAGEMENT PERFORMANCE GRANT (EMPG) AGREEMENT WITH THE CITY OF
ENGLEWOOD".
WHEREAS. the City of Englewood received a grant from the 2008 Emergency Ma.nagemcnt
Grant Program (EMPG) to supplement the development of the emergency management office; and
WHEREAS. the EMPG is designed to provide supplcmcn:al funds for the strengthening of local
govcmmcnt cmergcncy management offices in preparing their communities for disaster planning,
mitigation, response and recovery, while conserving local resources; and
WHEREAS, the City of Englewood applied for the 2009 Emergency Management Grant and
has been awarded $26,200; and
WHEREAS , the Justice Assistance Grant is a soft-match grant, so there arc no direct costs to
the City in acecp1ing and the required matching funds arc accounted for through the existing
salaries of the Emergency Management PersoMel; and
WHEREAS, the passage of this Ordinance authorizes the acceptance of the State of Colorado
Depanmcnt of Local Affairs Emergency Management Performance Grant for 2009;
NOW, 1 HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF Tlill CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of the State of Colorado Dcpanmcnt of Local Affairs Emergency M:mngcment
Performance Grant (EMPG) to the City of Englewood. anachcd hereto as Exlubil A . .
~.l. The Mayor is authorized 10 execute s.iid agreemcn1 for and acccp1ance of 1hc Grant
for and on behalf of the Cily of Englewood .
Section 3. Pursunnt 10 Anicle V, Sccuon 40, of the Englewood llomc RuleChaner, the City
Counci l has de1cnnined 1ha1 Exhibit A, auached to this Ordinance. shall not be published
because of its size. A copy is available in the Office of the Englewood City Clerk.
ln1roduccd, read in full, and Jl3SScd on first reading on the 4th d.'.ly of May. 2009.
Published as a 8111 for an Ordinance in the City's official newsp:iper on the s• day of May, 2009 .
Published as a Bill fo r an Ordinance on I.he City's official website beginning on the 6th day of • May, 2009 for thiny (30) days. Read by tttle and passed on final reading on I.he IS'" day of May, 2009. Published by title in the Cny's official newspaper as Ordinance No.__, Series of2009, on the 22nd day of May, 2009.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucri shia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cenlfy that the
above and forccoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No. __, Series of 2009 .
Loucrishia A. Ellis •
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STATE OF COLORADO March 30, 2009 Mr. Steve Green,
Coo rdinator
City of Eng lewood Emergency Management
3615 S. Elati
Englewood, CO 80110
Dear Mr. Green:
DEPARTMENT Of LOCAL AFFAIRS DI VIS I ON Of EMERGE NCY MANAG EMENT Hans Ka llam, D irect.or -• ----MR.tter.)' -Susan f: Kri:PIUlCI(
b:ecuth't ~rtnor
Congratulations. The City of Englewood's 2009 Emergency Management Performance Grant (EMPG)
grant application has been approved by the Colorado Department of Local Affairs, Division of Emergency
Management (CDEM) to receive $26 ,200.00 in federal EMPG funds. The EMPG is a 50% federal share
grant, so the required non-federal match to the grant Is $26,200.00. The non-federal match may be any
combination of cash or in-kind contributions toward the project.
Execution of the attached contract will make EMPG reimbursement availab le to the City of Englewood for
completion of the emergency management activities as approved and described within the contract and
the annual program papers. This contract will reimburse up to 50% ol your costs Incurred and reported
back to October 1, 2008 ,
To execute the contract, please print J.hree (31 originals of the contract number 9EM09L98 and your
signed grant application attached to this email. Please review and have the City of Eng lewood's chief
elected or execu~ve official sign (if the chief elected or executive official has delegated the signature
authority, please include a copy o, Ina signed delegatiOn authorizmg an alternate to sign) and send al
three signed contracts tr,.
Bill Archambault
Colorado Department of Local Affair~
Division ol Emergency Management
9195 E. Mineral Ave., Ste 200
C&ntennial, CO 80112
We will return one fully executed original to you for your records. We will make every effort to complete
the execution of the grant as expedlUously as possible . If you neea us to fax or email the completed
signature page to you as soon as we have It executed in order to slar1 the project without waiting f0< the
malt, please include a note to that effect, and the email address, if different then the one we used to send
this contract, or the fax number to which we should fax it, with the contract when you send It to me. Please
do not hesitate to contact me at (720) 852-6601, or bill.arch@state.co,us tt you have any questions or
need any further Information.
Sincerely,
~ d:,4,k l,L
BIii Archambau lt
Finance & Administration Chief
Enc.
9195 Eoot Mi nera l Ave., Suite 200, Centennlol, Colorado 80112•3549 (720) 852-8600 FAX (720) 852-0750 TOO (303) 273-1794
• X H ~ ' T A
2009 f.~IPG/1 .EMS. l'rojttl/A11ord Sunilier: 9E\109l.98 l'h...,t I \l.oh·t r #: 206 Cotalog or Federal Domestic Assistance (CFDA ) #: E~IPG. 97.042 Contract Roull ng # !!2 NAA __ _ Encumbrance# 9EM09l.98 Account Codt(s): S800009/F~ 10/$26.200.(Hl
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
EMERGENCY MANAGEMENT PERFORMANCE GRA NT (EMPG)
GRANT AGREEMENT
with the
CITY OF ENGLEWOO D
TABLE OF CONTENTS
I. PARTIES .......................................... , ..... , ... , ... ,, ........... , ............. ··•··· ························· ...... ,,,.,.,, .... , .. ,.. . ... ,,:?
2 El'FECTIVE DATE AND NOTICE OF N1)NLIADIUTY........................... . ............................................................ 2
). RECn'ALS .................................................................................................................................................................. 2
4. DEFIN ITIONS ................................................................................................................................................................ 2
5. TF.RM and !,ARLY TERMINATION .................................................................................. -... ····-········· .. ···· .. ·•··········· l
6 STATEMENT of PROJECT .. ........ ..... . ......... _ .. __ ........ ·--·· ..... 1
7.MATCHINGFUNDS ............................. . .. -··-·-••·······.. -··-.. ··-· .. ·· ... _4
R ORANTEEFINANCIAI.MANAGE~IENT _ ........................ 4
9 PAYME.VTSTOGRANTEE........ •. --·••················-········· ----·••· .. 4
10.REPORTINGANDNOTIAC.\TION ... ------------.... 5
11 GRANTEE RECORDS ....... .. . .... -· _ ................ _...... _____ ................. S
12 CONADENTIALINRlRMAT!ON•STATERECORDS ---------... 6
13.CONFLICTOFINTEREST. -------·-·----. 7
11. REPRESENTATIONS AND WARRANTIES ............................... _. ·-----· -•· ....... 7
IS. INSURANCE ................ ...... .......... . ............................. ·-···--............... -··-··· ··-············ .. 8
16. DEFAULT.BREACH ..................................................... _ .................... _ .......... --···· ..... 9
17. REMEDIES ......... ................. ........ .. ..................................................................... -........ ,_ ........... _ ...... IO
IS. NOTICES and REPRESENTATIVl:.S... ............... . ............................................................................................ 11
19. CiOVliRNMl'.NTAI IMM UNITY ... ., .............. ., .... ....................... .... ......... . ......................... 12
W LI.GAL RESIDENT...... ........ .... .. ........................ .. ....................................... 12
21 SOl.ll SOURCE GOVERNMENT CONTKACTS, AS DEFINED IN COLORADO CONS.IT! lfnON ARTlt'I.E
XXVIII.... . ... ............ ..... ... I 2
22 Gl:NEKAI. PROVISIONS .. 13
23 COLORADO SPECIAL PRO\.ISIONS --------15
14 SIGNATURE PAGE.. • 17
EXIIIBrr A .. APPUCABI.ELAll·s I
l:.Xhl8IT 11 .. ~, ATEME.WOFPROJECT fSOPt -------··· I
EXIIIBITC .. GRANT APPLICATION PACKAGf_<; -----.... _ I
I. PARTI ES THIS GRANT AGREEMENT ("Gran!'') i~ entered i,no hy and hctwccn the CITY OF ENGLEWOOD ("Grantee"), ond the STATE OF COLORADO (the "State") acung hy and th rough the Colorado Depanmcnt or Local Affairs (the "Depanment ") for the bcnefit of the Dh1s1on of Etnergcr.<:)' Monagement 1"COEM"). 2. EFFECTIVE DATE AND NOTICE or NONLIAB ILITY This Gram shall 001 be cffccti\'e or enforceable until approved and signed by the Colorndo State Controller or authorized delegate ("EITec1i\·e Date"). but <hall be effC<."ti•·e and enforecable thereafter in accordance w11h its provisions, The Depanmem ,hall not be obligated to pay or reunburse Gn1111ce for any perfO!lllance heceunder, including, but not limi1ed 10 co,is or e,pen;e1 incurred. or be bound by any provision of this Grant prior to /ul,ct onr a/ th, Jo/Im, i11g nptiom ,'.-8 hy rhccki11g 1/i, bor 11m ro selm,d 11p1im1/
A. Option
0 Th, Effec1ive Date.
U. Option
181 The Effective Date: provided, howe,·er, that /clwck applicabl, s11/1-op1io11/.,)/
I, Sub-Opcion
181 all Pro1ect costS, if <pecifically authorized by the funding authority, incurred on or tfter ~
I, 2008, may be submined for reimbursement as i( incurred after the Effective Date: or
ti. Sub-Option
0 all Project costs, ,r specifically authorized by the funding authority, incurred on or after inscn
federal grant's effective date ond pre-award cr'4S for in~n purpo.<c, if any. incurred on or after inscn
starting date allowed under the federal award for pre-award costs such costS, may be submitted for
reimbu rsement as if incurred after the Effective Date.
111.Sub-Op:ion
181 all or some of the costS or expenses incurml by Grantee pnor to the Effec1i,'t C>Jte which ha,'t
been or will be paid with non-federal funds may~ included as a pan of Grantee"s non-federal ma,ch
requirement, set fonh herei n and in Exhibit 8 , S:atcmcnt of Project, nuachcd hereto nnd
incorporated by refmnce herein. if such costs or «penses are rroperly documented as eligible
expenses in JCCordance with Exhlbll B §S.2.
3. RECITALS
A. Authority, Appropriation, And Approval
Authority for this Grant ari~ from C.R.S. §24-32-2101 et seq. Authority exists in the law and funds
have been budjtetcd. appnlpriated ond ocherwise made available and a sufficient uncnc-Jmbercd balance
thereof remains available for payment and the required approval. clearance and coordination have been
accomplished from and with npproprintc agencies.
B. Granttt
Grantee is an eligible reciptent of Grant Funds made a,'3ilable hy the Program. as defined below. and
awarded by this Grant. Grttntee is aware or. willing and able lo comply with •11 provision< <pcciftc to the
r•rogram, ns set fonh in Exhlbll A and to complete the Project described in Exhibit n.
C. Purpose and Department"s Role
The Depanment oc"· 1inistcrs funds made available to the Depanrncnt for the purpose of enhancing •ll•
hazards emerge ncy rnanngemcnt planning/preparedness, mitigot1on. response and recovery capabilities
and program< In the State of Color111Jo by di,1ribut111 g Emerge ncy Manage ment Performnntc Grant fund<
to panicipating local govemn~nts and other eligible Grantees. The purpo<c of this agreement i, detailed
,n F.1hlbit 8 .
4. DEFINITIONS
The following 1cnns as used herein shall be construed. interpreted, und or referenced as follows:
A. Elfectl<e Date
Effecti\'e Dote means the Jate this Grant "effective and enforceable in accordance w11h §2 abo,'t.
P•ge 2 of 17
II. Emibits and Other An achme nls Exhibit means the foll owin g are a11nched hereto and incorpormed by reference here ·• F •hibi1 A (Applicable La"), fahibh 6 1St>1emen1 ,,f Projecl), and Exhibit C (Annual Program Pape .,-~ ~1affing Pancm). C. Goods Goods mean< nny physicn l i1e111 produced or ma nufactured and acquired by Grantee either <ep, .ely nr ,n conjunction with 1hc Sel\·ices render<tl hereunder that arc required by 1he provisions hereof. D. Grant funds ,. 1n1 Funds melll)s 1hc funds available for di<1ribu1ion by the Depanmen1 10 Gnu11ee 10. • .., m ccnnec tion wilh the Projec1, as se1 fonh in the Reci1als ond S1a1cmen1 of Projec t sections hereor.
E. Party or Parties
Party or Pani~ means one or both of the Depanmcnl and Gran1ee.
f'. Program
Prog ram means the federnl or sia1e funding for this Gram.
C. Project
Project mcans 1he Projec1 de$Cribcd in 1he Reci1als and Exhibit 8,
H. Project Budget
Projec1 Budget means the Project Budget described in Exhibit 8 .
I.Services
Services means stl\iets performed or Wlgil>lc material produced or delivered in completing 1he Project
and in pcrfonmnce of Grantee's ocher obligations hereunder.
J ,Ttnnlnallon Date
Termination Date means 1he date !his Grant 1ermina1cs as described in §S(A) below.
K. w ~rk Product
Work Product means sofiware. research, repons, studies, data, phocoanaphs, negatives or 01her finished or
unfinished docu ments, drawings, models, surveys, maps, nm1erials, or work product of any 1ype,
including drafts. prepared by Grantee in comple1ing the Projec1 and in performance of Grantee's ocher
obligations hereunder.
5. TERM and EARLY TERMINATION
A. Initial Ttm1-Work Commencemenl
The term of this Grant shall commence on the l:11er of the Effective Da1e or April IS. 2009, and terminate
on JuM 30. 2010, unlen terminated earlier as provided below. Grantee's obligations under 1his Gnam
shall be undenaken and performed in 1he sequence and manner sel fonh in Exhibit 8 . Perform= of 1his
Omni shall co mmence ns soon as practicable af1er the Effective Date.
8 . Department's Opllon lo Exlend
The Depanmen1, in its sole discmion and upon wnnen no1ice 10 Grantee, may unilatemlly extn1d the
term of th is Gran1 for a period of up 10 three months under !he same provision, a, 1he original Grant ,f 1he
Panics are nego1iu1ing a replacement con1rac1 (and 1101 merely seeking a term extension) a1 or near the end
of any initial 1enn or an extension thereof. This extension shall 1erminate a1 1hc earlier of either lhe end of
1hc three month pcnod or 1<hcn a rcplacemen1 Gmn1 is signed by the Panie< and approved by the S1a1e
Con1rollcr or au1horiztJ des,gnec. Any ocher ex1en\1on of the term or 1his Gmn1 requires an amendmen1
made in accordance with 1he Modifi c:11ion subsection of 1he General Provision< below .
C. Early Tem1lnaUon
This Grant is subject 10 early 1crminn11on in acconbnce with the gcncrnl remedies pro,·isions of §17
below and as spec1fically orhcrwise prO\ ided for herein,
6. STATEMENT or PROJECT
Grnn1ee shall complete 1hc Projec1 and perform iu ocher obligations as described herein and in Exhlbll 8 .
Grantee shall prosecute i1S oblig11ions hereunder and ,n Exhibit 8 "'ilh due d1hgcnce 10 completion. It--
Depanmcn1, in ils 50le discrc1ion, but in acco«lance with limitations imposed by 1he Office of 1he St,·
Con11'(lllc r, may change budge1nry lines in the Project Budgc1 sec [ion of Exhlhll 8 . The Depanment sh ,
send n<Xke of such changes wi1l11n 60 days ,n accordance with §18 below.
Pagel or 17
7. MATC HI NG FUN DS A. Amounl Gramee sha ll provide matching funds a, provided in Ex hibit B. Grantee sha ll raise 1he full amount of maiching funds during 1he 1enn of 1his Grant and shall repo rt 10 1he fJcpanment regarding the srntus of such funds as required in Exhibit B. B. Breac h Gramec's fa ilure 10 rai e ma tching funds, 10 keep record s, and/or 10 report may affec t i1s cont inued participa1ion in the Program unde r which thi . Gra n1 opern1es . in addi1ion, the De panment may 1e rmina1e this Gran t under the Tem1ination for Ca use subsec1ion of §17 b<:low, if 1he Depanment has rea.,o nab le evidence that Grantee will be unable 10 raise such 1ruuching funds during !he 1enn hereof.
8. GRA NT EE FIN A CIAL IANAGEME T
A. Accoun ts
Gramee shal l main tain prope rly segregated accou nts of Grant fund , matching funds, and 01her funds
associa1ed wi1h the Projec t and make those records ava il able to 1he Depanmen l on request. All receipts
and expe nditures associa ted with 1he Project shall be documented in a detai led an d specific ma nner, in
accordance with the Project Budge1 se t fonh in Exhibit B.
B. Proj ect Bud get Line Item Adjwtments
Regarding budget lines wilhin !he Projec t Budge1, Gran1ee may:
i. 0 nm adjust individual budget li ne amoun 1s wi1hout approval of 1he Depart ment . Such approval
shall be in the fonn of:
n) a nolice iss ued by 1he Departmen1 in accordance with §18 below: or
b) an amendment in accorda nce wi th 1he Modification subsecl ion of 1he Genera l Provisions
below .
ii. [8:1 adjust individual budge1 line amounts wi thout !he Depanmenl's approva l if:
a) there are no iransfe rs 10 or be1ween administra1ion budget lines; and
b) the cumu lative budgeiary line item change s do not exceed !£!! percent of 1he tOlal
budgeted amount.
9. PAYMENTS TO GRANTEE
Gran tee shall be paid in the following amou nt s and manners, subject 10 relum of any unexpended Grant
Funds:
A. Maxi mum Amount
The maximum amou m payab le unde r 1his Gran t to Grantee by the De panment shall be $26.200 .00, as
de1ennined by 1he Depnnment from available funds. 11,c Dcpnrtmenl shal l reimb urse Gran1ee for cos ts
approved in 1he Gram budget, se1 forth in Exhibit B. Sa1isfactory perfom,ance under the terms of 1his
Gram sha ll be a condition precedent 10 1he Departmenl's obliga1ion 10 re imburse Gran tee . The maximum
amount of Grant Fu nds payable as reimbur se ment under 1h is Grant. and any extension hereof, sha ll
include all Granlee 's fees . com and expen,e.,.
B. Payment
Al l paymen ts arc subjecl 10 the §17 be low.
i . et hod a nd Time
Gra ntee periodically shall submi l inv!lices 10 the Departmen t in the form and manner .~el forth in
Exhibit B, and anach 1imcshce1s, receipts and othe r requested documen1a1ion in the form and
ma nner approved by 1hc Depanmen1 . Gran1ce sha ll submit reques1 for reimbursemen ts/invoices
wi thin 30 days afler the end of 1he period for whic h payment is requested, and final billings under
!his Gran1 sha ll be received by the Departme nt wi thin 45 days afler 1ermina1ion hereof. Untimely
request s for payme nt may be accepted a1 1he so le discretion oflhe Depar1ment.
Ii . Elect ronic Fund s Transfer
Pnymenls shall be made by one of1hc following mel hod :
a) by mu1ua ll y agreeab le method inc luding in -person pickup,
b) electronic funds transfer (EFT) if Gran tee provides wrillen EFT instructions 10 1he
Departrneni on a fom1 acce ptab le 10 1he Dcpanmc111 , or
Page 4 ~f 17
c) ,ia 1he LIS Postal StJ'!Ce or Olher dell\<') "'"'ce 10 the oddres, <p<c1fied by Grantee in 1he ren\lllMCC oddre« seCllon of Exhlbll B iii. Er ro11~0•~• Po)·mcnL~, Unexpend«I and Excess Funds Grnn1ee •hall refund payments made by the S1010 in error for nny reason. including. bm not limited 10 overpa)menis ,., improper paymenis. within lS days of disco,·cring or receiving notice of such error. Any runds pa1J 10 Grantee hereundtt n01 expended in connecuon .. -,lit this Gram b)' the terrmnation du1e ,hall be refunded by GrMtee "i1hin 15 dnys of such dnic. Any funds 001 rcquir?d 10 complete Grantee's obligntions hereunder shnll be de,obliga1ed by 1he S101e. If Grantee receives funds hereunder during any fiscal year in excess of its ,pending limil for such fiscal year. Grantee shall refund all exc,s~ funds 10 lhe Stale within 15 days of lite laltr of or discovering or ree<iving nOlice of
such excess. Erroneous. u~expended. and excess funds receo·ed by Grantee under 1hr; Grant shall
not be refunded or paid to any pany other lltan the State.
iv. Avalloble Funds-Conllngency-Termlnallon
The Dep:111men1 i, prohibi1ed by law from making fiscal commi1men1s beyond lhe 1erm of 1he S1a1e's
current fiscal year Therefore. G111n1ee's compen<ation is con1ingen1 upon the continuing avnilability
of Sm1e appropriauons as provided in §2 of lite Colorado :ipec,al Provisions. sci forth below. If
federal funds are ustd wi1h this Gran1 in whole or ,n p:111, the DepMtment 's performance hereunder is
cont ingent upon 1he continuing nvailabi\ily of such funds. Payments pur.;unnt to 1his Grant shnll be
made only from available funds encumbered for 1his Grant and lite Depanment's liability for such
payments shall be limited to the amount remainina of such encumber?<! funds.
C. Addlllonal Funds
Grantee shall provide nny odditionnl or mnlching funds necessary 10 perform its obligntions in accordance
with the budget in Exhibit 8 .
D. Remedi es
If SU11e or federal funds are not approprinied. or 01hcrwise become unavailable 10 fund this Gran1, the
Depanmen1 may immediately 1crm1na1e this Gran1 in whole or in pan without funher liability in
accordance wilh §17(8) below. If additional funds under §9(C) are unavnilab\e in whole or pan, the Stale
may, in i1s sole discretion. reduce i1s 101a\ funding commi1ment hereunder in pmponion 10 the reduction
in additiorml funds. If Gruntee fail s 10 refund payments ns set fonh in §9(B)(IU) nbo\t, 1he State may
offse1 the amoun1 not returned against any other unpaid funds lhe Stare owes Grantee under any other
gran1, agrtemen1, or obligation bet"·cen 1he Parties.
10. REPORTING AND NOTIFICATION
Repons and analyses required under 1his section shall be made in accordance with pl'llCcdures and in such
form as prescribed by the Depanment.
A. Performance, Pl"OllrCSS. Personnel, and Funds
Grantee ,hnll comply wi1h all reponing r,quiremen1s set fonh in Exhi bit B.
B. Lltlgutlon
Within 10 days after being served "ilh any pleading related 101hi, Gran1 or 1he Projec1. in a legal netion
filed "ith a coun or 3dm,nistrati\'C agenc), Grantee shall notify the Dep:111men1 of soch :iction and deliver
cop,es of such pleadings to the Dep:111ment's principal representative in •crordnnc:e \\llh §18 below. If a
Depanment principal represcnu11ive 1< not 1hen servong, such noucc und copie.s shall be delivered to 1he
Executive Direcior of 1he Dcpanmcnt ,
C. Noncompliance
Grantee's failure 10 pnn1de repons and notify the Depanment in a umely manner ,n accordance with this
secuon iooy result ,n 1he delay of payment of funds and/or 1crrninauon under §I 7 below.
11. GRANTEE RECORUS
Grantee <hall 111akc, keep, mainlllin and all ow inspection and monitoring of 1hc following records:
A. Maintenance
Grantee shall maintain a complete file of all records, documents, communications. notes and other writren
mn1erial,. electronic media files, and commun icnlionl, pcnaining in any manner to the Project or 1he
delivery of Services (Including, bul 1101 limi ted 10 lhe ope rniion of programs) or Goods hereunder.
Grantee <hall maintain <uch records (lhc Record Re1cn1ion Period) until the last to occur of the following:
PagcS orl7
t
t
t
I. a period of 1hree (3) yeu rs uflcr 1hc dai e tlus Grant is comple1cd or 1enninn1cd, or II. final payment i, made hereunder. whiche1cr Is Inter, or iii. for ,uch funher pc,riod a, lll'l)' be nece<Slll')' 10 rtsoll'c any pending mancrs. or i,,. ir an audi1 is occumng. or Grantee hns ttcei\·cd nodce that an audit is pc,nd,ng. llten until SU<:h audit hns ~n comple1ed and us lindings ha,e ~n rt$0h·cd B. lnsp<etlon G111111ee shall pc,rmil the S1n1e, the rcden1I govtrnmcnl or any other duly au1horized agent or a governmcn1nl agency 10 audil, lnspec1. examine, excerpt, copy and/or transcribe Grantee's records related 10 thl, Grant during the Records Rc1cmion Period 10 assure compliance wlllt the te rm, hcreor or to cv&luate Gn1n1ee's pc,rformancc. The Depanment resc,ws the right 10 inspect the Project at all reasonable
times and places during the term of lltis Grant, including any CJttcnsion, The provisions §14(E), §16,
andfor 117 below shall apply ir project performance docs not conform to Grant requirements.
C. Monitoring
Grantee also shall permit the Stn1e, the federal government or any other duly authoriud agent or a
governmental agency. In 1he sole discmion or such governmental agency, 10 moni1or all activities
conducted by Granlee pu11uan1 to lltis Gran1, using any reasonable procedure, al 1he discrelion of such
governmental agency, including. but not limited 10: internal evaluation procedures, examination of
program daia. special analyses, on-site checking, and formal audit examinations. All such monitoring
shall be pc,rformed in a manner which will not unduly interfere with Grantee's performance hereunder.
D. Flnal Audit Report
tr an audit is pc,rformed on Graniee·s record! for any fiscal year covering a portion of lite tenn of this
Grant, Grantee shall submit one copy of lite final audit repon 10 lite Dep111tmen1's principal represen1a1ive
at lhe nddrcss specified in §18 below.
12. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee tcluiowledges lhal 11 may become privy 10 conlidential information in connection with its
pc,rfOfflWlCC hereunder, including but OOI limited 10 State records, pc,nonnel records, and information
concerning individuals ("Conlidcn1ial Information;. The following applies if Grantee ttccives conlidential
information:
A, ConRdenllallly
Gran1ee shaJI keep al l Confidential Information conlidentittl at all times and comply with nil laws and
regula1ions concerning confidential i1y or infOf'mAtion 10 the same extent applicable 10 lite Dcpanment.
Any request or demand for information in the po&session of Grantee made by a lltitd party shall be
rorwtrded immedia1ely 10 lite Dcparunent's principal representath·c ror resolution.
B. Nollficallon
Grantee shall notify each of its agents, employees, sub-gran1ees, subcontractors and llSSigns (each a
"Rela1cd Puny"') who may come into con1nc1 with Confide ntial lnforma1ion that such party is subject 10
the conndcn1iali1y requiremen1s set fonh herein, nnd shall provide each Relmed Pony with n wriuen
explanation or such requirements before pc,rn1ining such party 10 access any infornu1ion of lhe
Dcpattmenl.
C. Use, Stcurity, and RclenLlon
No Confidential Information of any kind shall be distributed or sold 10 any third pany or used by Grantee
or a kelated Pony in any way, except as authorized by this Grant and as approved by the Dcpanment.
Grantee shall provide and maintain a secure environment 1h01 ensure.• confiden1iality or all S1n1e records
ond 01hcr Confi dcn1inl lnform:11ion wherever locuted . Confiden1 ial lnfom1111ion shall nol be retained in
any files or otherwise by Grantee or a Related Pony, except a.• set fcnh in this Gran1 ond approved by the
Dcp:inmenl.
D. Dlsdosurc-Liablllty
Disclosui,, of Srnte records or other Confidential Information by Gmttee or a Rel.lied Pany for any reasm
ma) be cause for legal ac1ion against Gran1ee or such Related Pony by 1hc State or lltitd panics and
defense or any such action shall be Grnn1ee's sole responsibility.
Pig< 6or 17
f:. Health Ins urance Portabilily & Acco untahlllt)' Act of 1996 ( .. HI PAA .. 1 Thi, HIPAA <ttllOO fcl1et·k nnt/ 0 opplics 10 or doc, ROI opp!) 18) 10 1ho, Grant Federal la" Md rc@ulotions go,em1ng 1he pm:IC) of ccnain heallh mfonn:11ion rcqu1~ 1 "Su,mc« A,..i.:a:ue Con1roct" h<1"een 1hc Depanmem ond Grnn1ce . 45 C.F.R. Sa:iion 164.504(cl. A1111<hed and incorpc1rn1ed herein b) refere nce and agreed 10 b) 1hc Pa nic, is a HlPAA Business Associn1e Addendum fu r HIPAA compl innce . Tcnns of 1he Addendum shall be considered bindirg upon e.,ecu1ion of 1his Grnnl and ,hall remui n in effec1 during 1hc 1em1 of this Grnnt, including any e\lcn,ion. l J. CONFLICT OF INTER£ST \. Definition and Ap!H'arancr Grnmec shall n01 engage in any business or personal ac11,·i1ies or pmc1ice, or mnimain any rela1ionships
whic h connic1 in any way wil h 1he full performance of Grnn1ce'1 obliga1fons hereunder. Grantee
acknowledges 1ha1 wi 1h respec1 10 1his Grnni. e,en 1he appearance of a conflict of m1crcs1 is harmful 10
1hc Oepartmen1·s in1ercsts. Abscm 1he Departmen1's prior wriuen approl'al, Gran1ec ,hall refrain from
any practices, IIClmtics or relauon,hips which reasonably appc:\r 10 be in con0oc1 with 1ht full
performnnce of Gran1ee's obliga1ions 10 1ht Depanmen1 hereunder. Graniee shall comply wi1h 1he
provisions ofCRS §18-8-308 and §24-18-101-109 ,
8. Speclnc rrohlbltfons
Graniee·s and sub-gran1ee's rcspec1ive officers. employees, or ogcnis <hrul nei1her solici l nor accepl
gratuities, favon, or anything of monetary ,•ruuc from Grantee's po1cn1iol subgranlec<, or panics 10 sub-
contraru. Grantee's employ«s. officeri. agents or any permincd sub-grnn1ecs wll l10I participate in 1ht
selection. award, or administrn1ion of this Granl or any sub-gran1 or sub-contrac1, if an ac1ual or appw-cn1
connicl of in1cres1 wou ld occur. Suc h a con0ic1 would arise whe n any o( 1he following has• rinancial or
01hcr in1ercs1 in the finn selcc1ed for award:
I. an cmplo)ee. office r. agenl or board member;
II. any member of the employee's immcdiaae family;
Iii. an employec·s panner; or
Iv. an organiza1ion. which employ<, or is abou110 employ. any or 1hc aforcmcn1ioncd. j •
C. Ottermlnatlon by Departme nt . Default •
If Gran1ee Is uncenoin as 10 1he eds1ence of a conn1c1 or in1cresi, Graniee shall submi1 10 1hc Dcpann1e n1
a disclosure suuemcn1 seuing fonh 1he relcvan1 dtt(Uls for 1he Dcpanmeni's consideration. Failure 10
rromptly submu • disclosure <1n1cmem or 10 folio~ 1bc Dcpsnmem·s d,rcction in regard 10 1hc app:ittn1
conniet shrul be considered a ma1crinl default of this Grana and grounds for lermmntion under 1he
Tenn inn1ion for Clluse subsec1ion of §17 below.
O. Code or Performance
Gran1ee. and sub-gramecs and subcon1rac1ors. if any, sha ll maminin a wm 1cn code of ,1andanls governing
1he performance of their re<peclhe cmplo)'ees. agenl5. and comraclor< engaged in the award and
ndministnuion of 1hos Onm1. or ;uh..-on1ract or subgranl, 1f any. Gronlc'C ,hall pro,·idc a c-op) of wch code
IO 1he Dcpanmcni wuhin 10 day, of 1he Dcpanmen1·, wrmcn rcque<11hcrefort.
14. REPRESENTATIONS AND WA RRANTIF.'i
The Panics r• kc 'he following <pec1fic reprcsontuaion, and warran1ic, 10 eac h Other. upon which coc h i,
ttlying in enk,in. tnlO 1his Grant.
A. Standard and Monner Of l'crformancr
r.,,wee sh3II perform 1L< obliga11on., hereunder. 1ncluumg in occ<lfllru1'e "111t 1hc h1ghe\l profesS100JI
,1.,,u.,,d of cure , ,kill and diligence, Gmn1ec ,hu ll perform ii> ohligu1lon, hereunder 1n 11,c sequence nnd
m,utn cr ,e• r(H th In Exhihlt 8 .
B. l ns ptttl, n Lnd Verifica llon
The Dq,.1nn1Cnl rescr\'cs 1he riglu 10 inspect and 111oni1or Granlc'C\ performance hereunder al all
re3sonablc ume• •nd places 10 venfy 1ha1 1hey conform 10 1hc rcqu1remen1S of Exhlb !I 8 . The pro,isions
§14(E), 116, and/or §17 below ,hall apply ,f Oran1ce·s perfom,~nce d0cs 11()( conform 10 Grana
1r4uirement~
Pott 1 ol 17
C. Legal Authoril)'•Grunlee and Grantees Si gnatory Grontcc warrants 1h>1 it po~=sc• the legal ,uthonty to enter ,mo 1hi, Grant and ha_, 1:il;en oil action< requirrd by tis p,«,durcs. b)-13\\S, and/or apphc:iblc lav., to cxercisc tho1 authon•y, ond to la,.full) authorize its undersigned ,ignatory to cx«:ute th,s Grant and to bind Grantee 10 ns tenns. The person signing and executing this Grant on belutlf of Grantee hereby represent< nnd wnrrnnl< and guarantees tha1 they ha,·c full aulhoriz.alion 10 do <0. If rcquc,ted by 1hc Dep:111ment. Grantee ~hall provide 1hc Depanmcnt the basis for Granttc·s authonty to en1cr into this Oram within IS day< of receiving such request , D. Licenses, Permits, Etc Granttc rep,..senis and v.arranis tha1 as of the E!fec1ive Dale ,t has. and Iha! 01 all times during the ttrm
hereof it will have, at iis sole expense, all licenses. certificauons, appro•al. insurance, permilS, and other
authorization required by law 10 perform its obligations hereunder. Addi1ionally, all employees of Oramee
performing services under this Grant shall hold the ncquired licenses or cenifications, if any, 10 perform
their duties, Grantee, if a foreign corpon1tion or other entity transa<ting busillCS! in the State of ColOBdo.
further certifies thnt it currently has obtained and shall mainulin any applicable cenifoca1e of authority 10
1ransact business in the State of Colorado and hu designo1ed a registered agent In Colorndo 10 accep1
service of ~"· Any re, ocation, withdrawal or rton-renewal of licenses, ccnifications, approvals,
insurance. permlu or any such similar requirementJ necessary for Grantte 10 pn,perly perform this Gran~
shall be deemed 10 be a defaull by Grantee and grounds for 1erminotion under Gran1 §17(A) below.
E. Breach
If the Grantee bruchcs any or ilS rep,esen1a1ions or wamn1ics. the Dcpanmeni may require Gnin1ec 10
promptly perform iu obliga1ions again in coruormity with Grant requiremen1s. a1 no additional cost 10 !he
Depanme ni . If such breaches cannOl be, or are not C11red, 1hc Department may, in addition 10 any other
remedies provided for in 1his Gran1. require Oran1ec 10 1ake neccuary action lo ensure thal fmure
perf= conforms 10 lhe provisions or 1his Gran1; and cquuably reduce the paymenl due 10 Granlcc 10
rcncc1 the reduced vnlue of the Project Any reduction. delay or denial or payment under lhis provision
shall n01 consti1u1e a breach of Gran1 or defaull by lhe DepanmcnL
IS. INSURANCE
Gran1cc and ils sub-grantees and subeon1rac1ors shall ob1ain and maintain insurance as specified in 1his
sec1ion al all 1imes during the 1erm of this Grant: All policies evidencing lhc insunmcc coverages required
hereunder shall be issued by insurance companies sa11sfactory 10 Grantee and 1hc Stale.
A. Gra.ntee
I. Public Entities
If Gran1ee is a "public en1i1y" wi1hin 1he meaning of 1he Colorado Oovemmen1al Immunity Act, CRS
§24-10.101, et seq .. as amended (the Oo,-emmenl:11 lmmuni1y Ac!''), then Granttc shall maintain al
all limes during 1he term of lhis Grant such liability insurance, by commercial policy or self-
insurancc, ns Is necessary 10 mcc1 ils liab il ities under such Ac l, Graniee shall show proof of such
in<urance satisfac1ory 10 !he Departmeni. if rcques1ed by the Depa1tmenL Gran1cc shall require each
grant or comracl wilh a sub-gnnlec or subcontraaor which is a public cntily, providing Goods or
Services in connection with 1his Gran1, 10 include 1hc insurance requirement! necessary to mee1 sub-
gran1ees liabili1ies under 1he Act
ii. 'on-Public Entilies
If Gran1ee is nOI a "public en1i1y• wi1hin the meaning nf the Ooveinmental Immunity Acl, Granite
shall oblain and mainiain during 1he term of 1his Grant insurance coverage and policies mec1ing 1he
same requiremems sel forth in subsection 8 of this <ec1ion wi1h rcspcc1 10 sub-gran1ees and sub-
conlnletors which arc no1 "public emi1ies·.
8 , Sub-grantees and Subtontradors
Ornn1ee shall require each con1rac1 wilh a sub-grnmee or subeon1rac1or, oihe r than lho,e 1h01 are public
enti1ies, providing Goods or Service• in connectloo wi1h 1his Gran1 10 include insurance requiremcn1s
subs1an1ially similar 10 1he following :
Page 8 of 17
I. Worker's Comperemtlon Worker's CompcnsJ1 ion Insurance as requ ired by S1a1c .s1u1u1e. und Employds Liability Insurance co,ering all of ;ub1:ran1ee er subcon1111C1or emplo)ees :1<:11ng ""hin the et\Urse ond scope of their employment. II. General Ll oblllt )' Commercin l General Liability Insurance wrincn on ISO nccurrcnce form CG 00 0 1 10193 or cqui>alent, covering premises operations. lire damage. independent con1nc1ors, product> and completed operation~ blanket con1rac1ual liab1luy, personal injury. and adwtising liability wnh minimum limits as follows: a) S 1,000,000 each occurrence:
b) $1,000,000 general aggregate:
c) S 1.000.000 producu and completed opcn11ions aigregate; and
d) S50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, sub-grantee or
subcontractor shall immediatel y obtain additioMI insurance 10 rest= the full aggregate limit and
furnish 10 Grantee a cenlfica1e or Olhcr document u1isfactory 10 Grantee showing compliance with
this provision.
Ill. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non-ow ned nutos)
with a minimwn limit of Sl.000,000each accident combined sing!< limiL
Iv. Additional Insured
Grantee and the S101c shall be named as additional insured on the Commercial General Liability and
Automobile Liability Insurance policies (leases and cons1ruc1ion contracts require addilional insured
coverage (or comple ted operations on endorsements CG 2010 11/85, CG 2037. or equivalent).
v. Primacy or Coverage
Coverage required of the sub-grantee or subcon1r1ttor shall be primary o~r any insurance or scl(-
insuronce program carried by Gmniee or 1he State.
vi. Canallatlon
The abo,·e insurance policies shall include prov1s1ons pre,en1ing cancellation or non-renewal
withou1 01 least 45 days prior n01ice 10 1he Grantee and the State by cenified moil.
vii. Subrogation Waiver ·
All insurance policies in any way related 10 the Grant and secured and moinlllined by Grantee 's sub-
grantees or subcon1.n1e1on as required herein shall include clauses <lllling 1h11 each carrier shall
waive all rights of reco\Cry, under subrogation or otherwise, against Grantee or the State, it>
agencies. in1tilu1 ions. orgoniunions, officers, agent,. employees, and volun1eers .
C. Certincates
Each or Grantee's subcootraclon and subgnn1ces shall provide cenilicates showing insurance coverage
required hereunder 10 Grantee ",thin sc,en business day~ of lhe Effective Date. but m no e,·ent latcnhan
1he commence ment of 1hc Scr,•iccs or delivery or the Goods under the ,ubcontroct or subgmnt, No later
than 15 days prior 10 1he expira1ion dme ol UlY such coverage. euch subco111111c 1or or subgran1ee shall
deli,·cr 10 Grantee cenilica1es or insurance e,idcncing rene"•als thereof upon request by the Ocpanmcnt
or at any 01hcr lime during the term of a ,ubcon1rac1 or subgmntee, Grantee m;iy reqUC51 in "Tiling. and
1hc subcon1rac1or or subgrantce <hall ther.upon wi1hin 10 days supply to Gn,n1e,c, evidence <a11>fac1ory 10
Gromce and 1hc Ocpanmc nl or compliance wi 1h the prnvi,ions or !his sec1ion .
16. DEFAULT-BREACH
A. Defined
In 11ddi1i on 10 nny breac hes or default< 1pecilied in mhcr secti on, of 1his Grant, including. hu1 not limited
10 !he Colorado Special Provisions below. the failure or either Party 10 pcrfomt any of its ma1crial
obhgations hereunder in who!< or in pan or in a timely or s:ubractory manner. conS1itu1cs o default or
breach. The institution of proceedings under any bankrupccy, insolvency, reorganiution or similar
le~isl:uion, b)' or ogainsi Grnnll'<:. or the appointment of a rcceher or similar officer for Grantee or any or
its propeny. which is not vaca1ed or fully stayed wi1hin 20 duys arter 1he ins1i1u1lon or occurrence 1hereor: I Ii.
,hall also con11i1ute a defaull. '
Pas< 9 ort7
B. ollct and Cure Period In 1he e1en1 or a default or breach. no1i ce or ,uch shall be given in 11>n1ing b) the aggrieved Pany 10 the other Pany in 1hc manner pro1·ided in §18 below. 1r such defa ult or breach is not cured within 30 dayi or receip1 or wrinen notice or. ir a cure can not be compleied within 30 days, cure or 1he default or breach has nm begun wi1hin said period and pursued with due diligence, the aggrieved Pany may 1enninate this Gram b) providing wriuen notice thereof, 11 provided ror in §18 btlow, spec,rying lhe effective dale of lhe iennination. Notwi1hslllllding anything to the eon1J11I)' herein, 1he l>epanmen1, in its sole discretion, need not provide ad••ance n01ice o,· a cure periud and may immedia1ely tenninaie Ibis Gran1 in whole or in pan i( reas003bly necc"ary 10 prcscn·e public saf<ty or 10 prc,enl immcdinie public crisis. 17. REM£DfES
If Groniee is in defoul1 or brcac~ under any prov151on or 1his Grom, 1he Depanmen1 shall have all or 1hc
remedies lisied in 1his sec1ion in audition 10 all other remedies se1 forth in other sec1ions ur this Gron,. The
Departme n1 may exercise any or all of 1he remedies avai lable 10 ii, in i1s sole discre1ion , concurrently or
consec u1ively.
A. Termlna tJon ror Cause and/or Default
If Grantee fails 10 perform any of i1S obligations hereunder wilh such diligence as is rcqu,rc.: 10 ensure ilS
comple1ion in accord= with lhc pnl\'isions of this Grant and in • timely m:inne1, lhe ~men1 may
notify Gran1ee of ,uch non-performance in acconl:ince wilh the §16 above and §18 belo ,. If Grantee
1hercaf1er fails to promptly cure such non-performance within 1hc cure period, 1hc Departmenl, 01 ilS
op1ion, may tenninaie 1his entire Grant or such part of this Grant as 10 which then: ha> l'otcn delay or •
failure 10 properly perform. Exercise by 1he Department of Ibis righ1 shall not be ·• • l'<!<l a breach or i1s
obligations hencundcr. Grante, shill! conlinue performance v f 1his Gran1 10 1hc ttle,: ••• 1ennina1ed, if
any.
i. Obligati ons and RlghJs
To the extent specified in 1hc ienninauon n0ticc, Gran1cc shall n01 incur further obliga1ions or render
further perfonnance hereunder pas1 1he effective dale of such notice, and shall also terminaie
oulSlanding orders and subcontraets wi1h third p:,.rties. However, Grantee shall complete and deliver
to the Departmenl all S..rvices and Goods not canccelled by the 1emun1tion notict and may incur
obhgations as an: necessary to do so wilhin the Grant tenns. In the sole discn:uon ol the Depar,men1,
Gran1cc •hall ossign 10 lhe Departmenl all of Graniee's righl, 1itle, and iniercst under such 1ermina1ed
orde~ or subcon1rac1s. Upon 1ennina1ion, Grantee shall 1ake 1im~ly, n:asonable and nec.!ssary ac1lon
10 pro1ec1 nnd preserve propert y in lhe possession of Granlce 'n which the Depanmen1 has an
in1eres1 . All materials owned by 1he Oopanmen1 in the possession of Oran1ee shall be immedia1cly
returned 101he Depanmenl. All Work l~oduc1, at lhe option or 1hc Department, shall be delivered by
Graniee 101he Depanmen1 nnd shall beMmc 1hc Department's propeny,
ii. Paymcnu
The Dep311ment shall pay Graniee only for accepted performance rccch·ed up 10 the daie of
1crm1nauon. If af1cr rcnninaiion by 1hc Oepartmenl. 11 is detennlned that Grantee wa_, !IOI in default
or 1ha1 Oran1ee·s action or inaction was c.cu,able, such 1crmina1ion ,hall be 1TCa1ed as • tennination
in 1hc public m1cres1 and the righ1s end obliga1ions of the Panics shall be 1he same as if this Grant
had been 1cnninn1, tin 1he public in1crcs1, as de,cribed in §17(8) below.
iii. Damages and Withholding
No1wi1h;innding any Other remedial ac1inn by 1he Dcpartmen1, Granicc also ,hall rcmoin linhle 101hc
Departmcnl for any damages su,tnincd by the Dcpartmen1 by ,•irtue or any dcfauh under Ibis sce1ion
by Grnn1ee and 1he Dep311menl may whhhold any payment 10 Gromee ror the purpose of mi1iga1ing
1he Depart men!' s damages, un1il ~ lime •• the exacl amounl of danugcs due 10 1hc Departmen1
from Gran1ec is dctennined. Further, lhc Depanmenl may withhold •mounJ~ due 10 GI11lllec a., the
Depanmenl deems nece<Sar)' 10 protccl the Department •g•inst loss because of oulSlllnd1ng liens or
claims or fonner Iv• holder,; and 10 r,imburse 1he Department ror 1hc excess cOSt.; incurred in
procuring similar goods or services. Grantee shall be liable for c,ccss co,1s incurred by lhe
Dcp311mcnl in procuring from third panic, rcplacemen1 Service~ or subs1itu1e Goods ns cover.
l',ge 10 of 17
8 . Early T•nnlnatlon for tbt Public Interest The Depanmen1 is enlCring into this Grant for the pwpose of canying out the public policy of the S1111e of Colorado, as determined by its Governor, General Assembly, and Courts . If this Grant ceases to further the public policy of the State, the Depanmen~ in ii, sole discretion, may 1ermina1e this Grant in whole or in pan. &crcise by the Department of this righl shall DOI be deemed I b,each or the Departmenl's obli&alions hereunder. This subsection shall DOI apply to a 1ennination of this Orant by the Department for reuse or default by Graniee, which slwl be governed by §17(A) above. I. Method and Content The Departmen1 shall notify Oraniee of the ICnninstioo in accordlncc with 116 above and §18 below specifying the effective :late of the ienniiwion and whether it affects all or a. ponion of this Grant
II. Obllpdom and Rlpll
Upon receipt of a icnnination notice, Grantee shall be subject to and comply with 117(A)(I) above.
111.Paymenll
if thlJ Grant is ICt'lllinated by the Department in furtherance of the public in1ercst of the State or
Coiondo. Gn.ntee lhall be paid for satisfactory performance up to the dale of ICr :·.atioo less
payments pRviOUJly made.
c. Remedlel Not ID•olYlaa Tmnludoo
The Depanment, its sole discretion, may exercise one or more or the following remed :•~ in addn'on to
otbcr remedlea available to the Depanment:
I, Su,pead J>afo,muce
Suspend Gnntee'1 performance "ith respect to all or any portion of this Grant pr.···.~, n«':SSIIY
corrective action as specified by 1be Depanment without entitling Grantee to an L 1ju:;:r ... 'tlt in
price/cost or performance schedule. Grantee sh&il promptly cease performance and incwrl.., coets in
l0COldance with the Depanment's directive and the Depanrn:n1 wJI not be liable roe costs incumd
by Grantee after the IUSpellSion o( perfoonanc:e Wider this provision.
IL Wltbllold PaymtStt
Withhold payment to Grantee until comction.1 in services are satisfactorily completed and /or
acuptlble &oodJ an, provided.
IILDtayPll,-at
Deny payment ror those Servius 1101 performed llld/or Ooods not provided and which due to
clrcu-.ncea caused by the Gran1ee cannot be perfonned or provided or, if performed or provided,
would be or no ,l!Jue 10 the Depanment; provided, lhat any denial or paymen1 must be reasonably
related 10 the valid of work, performance or Good1 1051 to 1he Depanmen1.
1,.Rmto.-.1
Demand removal or any of G '1111eC'1 employees, -.ien1S, or 1ubcot11ncton whom the Depanmen1
deems incompetcn~ careles ,, "'ubordinalC, unsuilable, or otherwise unacceptable, or whose
continued relation 10 this Gra I is deemed 10 be contrary 10 the public interest or not In the
Departmen1's best inlcrest. Replacement of any key personnel ht·eunder shall he done in accordance
with the relevant provisions or Emlblt 8 .
18. NOTIO:S and REPRESEl'l'l'ATIVES
Each Individual Identified below is the principal representatives of lhe designating Pany. All notices required
10 be given hereunder shall be ha.nd delivered with receipt rcquirec! or sent by cenified or regislered mall 10
such Pany's principal repmffllalive al the addreas se1 forth below. In addition to, but not in Ueu of, hard~y
notice, nocice also msy he sent by e-mail lO the e-mail addresses, if any, set forth below. Either Pany Olly
from 1ime 10 time deaign&IC by wrincn notice substiru1e addresses or penoos to whom such l!Olices shall be
se nt. Unlen otherwise provided herein, all notices shall be effective upon receipt.
A. Dtpartmtnc:
HanJ Kallam. Director
Colorado Depwnent of Local Affair'
Division of Emergency Manaaemen1
9195 E. Mineral Ave., Ste 200
Centennial , CO 80112
Email: hans 1c.1nam@s1a1e co us
Page II of 17
B. Granttt: Sieve Green. Coonhna1or City or Engle"ood Emergent) Man:igement 361 S S. Ela ti Englew()O'l, CO 80110 Email: 19. GOVE RNMENTAL IMNIUN ITY Nmwilhstanding any other provb!on to the contrary, nothing herein shall con,1i1u1c n wui,er. c,prc,s or Implied, of •. ,y of 1he immuni1ic,, right<, benefi1s, pro1ection, or other prm-i<lon, ol 1hc Colorado 0o,·emmen1al Immunity Act, §CRS 24-10-101, c1 seq., as amended . Liability for claim, for onjuries 10
persons or propcny arising from the negligence of the S1a1e of Colorado, its dcpanmcm,, 1n,11tu1ion,.
agencies, boards, officials, and employees is controlled and limi1ed by the provisions or 1hc Gmcmmcntal
Immunity Act and the risk management SIIIUICS, CRS §24-30-1501, et seq., as amended
20. LEGAL RESIDilNT
This legal resident section /chtck ont/ 0 applies 10, or docs not apply 18) 10 this Grant . Grantee must
confirm that an)' indi,idw!.I nannl person eighteen years of age or older is lawfully pre.ent in the United
States punuant 10 CRS §2-1-76.5-101 ct seq. "hen such indil-idual applies for pul>hc benefit• pro>idro under
this Grant by requiring the following:
A, ldentl.ficallon:
The applicant shall produce one or the following personal identifications:
I. A valid Colorado driver's license or a Colorado identification card, issued pursuant to urticlc 2 of
title 42, C.R.S.: or
ii. A United States militnry card or a military dependent's identification Cjlrd: or
Ill.AL 1i1ed Stotes Coast Guard Mcn:hant Mariner card: or
Iv. I\ Ha11vc American tribal document,
B, Affidavit
The applicant shall exccu1c an affidavu herein anachcd as Form I , Affid1'·it of Legal Residency, M•ting.
I. Thal they art United States citiicn or legal pcnnanen1 resident; or
U. That they art othcl"ise lawfully pre<enl in the United States punuanl 10 federal law.
21. SOLE SOURCE GOVERNMENT CONTRACTS, AS DEFl~D IN COLORADO CONSfITUTION
ARTI CLE XXVl11.
(This provision app/iu only 10 soft sourct govtrnmtnl co111rac-r.s and dots nOI apply 10 r0111ractl bttw~tn
~o•·trnmtntal tntititS or any contrtict wh/cl, 11std a p11blic and comptriti,•t bidtling prnetss In 11/rlch tlit Sratt
agt11cy or insti1111io11 of l,igl,,r td11ca1inn s11/lcitrd ar l,ast 1/,rtt bids prior tn Oll'Ordi11g 11,, conrratt/,
Contractor cenifies, warrnn1s, and agrees 1ha1 it hns complied and will comply wi1h Colorndo Cons1i1u1ion
Article XXVIIJ, including bu1 not nccessnrily limi1cd to 1hc following prohibi1ions nnd oblign1lon-,
A. If during 1he tenn of 1he contract, cnn1rncwr holds sole soun:e government comructs with 1he S1ntc of
Colorado and any of ils pohtical subdi,i,ions ~-umulutively tornling more thnn $100,000 in n calendar
)l!llr, then for the dun11ion of this contrllCI d for 1wo years after, conu,u:1or will not mukc, cau.sc to be
made, or induce by any mean, • contnbu1ion. direc~y or indirectly, on behalf or contrac1or or
muractor's immedia1c r:un,ly member(~) for the benefit of any political p:iny or f x the benefit of any
c'.Jldida1e ""l' eleacd office of tilt ~tale or Any of its political subdivision,: 1111d
ll. Contr.ic1or reprcsenli 1ha1 contr.ielor has n<M previously made or cau.ed 10 be made, •nd will not in the
future lll4ke or cau.e 10 be r:1:ide, any con1nbutiun intended 10 promo1c or inOucnc:t the rrsuh or a
ballot issue election rrlatcd to the subJcct namer of thi, •on1rnct: ond
C. Conm,ctoc will sa1isfy contractor'~ obllgouons 10 promptly report 10 the Colorado Department of
Personnel & Admi111stra1ion information included in the Government Contrnct Summary and the
Contract Holder Informa1Ion, rc~~rding this con1rac1 and any 01her sole source govcmmcnt contmm
10 which contractor is a party, and
D. Contractor undersrnnds 1h01 any breach or 1hi, section or of Contractor', rcspons1bili1 ies under
Colorado Cons1i1u1inn Article XXVIII may re,uh in eilher con1rnc1unl 111 con\li1u1ionally mandated
oenahies and remrdit,: and
P•gc 12 ofl7
E. A Contractor tha1 imcntionally viola1cs Colorado Consti1u1ion Anicle xxvm. Section 15 or 17(2). shall be ineligible 10 hold any sole source govemmen1 conlnCI. or public emploYfflCOI with the state or i II. any of its political subdivisions for three years: and i • F. By execution of this contract, Contractor hereby confinns it is qualified and eligible under such provisions 10 enter lnto this conlnd. For purposes of this clause, the 1etn1 "contractor" shall include persons that control ten percent or moo, shales or interest in contractor, as well as cooinc1or'1 officers, directors, and trustees. The term "immediate family member" shall include I spowe, child. spouse's child, son-in-law, daugbier-in-l1w, parent, sibling, grandparen~ grandchild, Stepbrother, stepSister, stepparent, parent•in•l•w, brother•in•ltw, sister-in-law, tun~ niece, nephew, suardian, or domestic partner.
2l. GENERAL PROVISIONS
A, Aalpment
Excep1 as otherwise specifically provided ln Exhibit B, Grantee's rights and obligations hereunder are
penonal and may no( be tnnsferred. assigned or subcontracied, without the prior, written consent of the
State. Any 1ttemp1 11 assignmen~ uansfer, subcontracting without such consent sball be .aid. All
assignments, subcontracts/subcontracton approved by Grantee or the S•ate shall be subject to the
provisions hereof. Grantee shall be so1~1v responsible for all aspects or subconuacting anransements and
performance.
B. Blndlna Meet
Unless olherwise provided hetein, all provisions herein contained, includins the benefits and bwdens,
shall extend to and be bindinl upoo the Parties' respective heirs. leJal represenlllives. -, and
assigns.
C. Captlom
The capcions and beadinp in this Asreemeot are for coovcnience of refeteDCe only, and shall n01 be used
to interpret, define, or limit ill provisions.
D. Counurpartl
TbiJ Apement may be executed in multiple identical original counterpans, all of which shall consdrute
one apument.
E. Entire Undmtanclln&
TbiJ Agreement repruerus the compleie integration of all undenwidings between the Panics and ,ill prior
repre$Clllllions and undCl'IWldings, oral or written, are merged heiein. Prior or contemporaMOOS
addition, deletion, or Other amendment hereto shall not h0vc any forec or affect whatsoever, unless
embodied herein.
F. li'eckral Fundln&•Lllt ol Sdecud Appllcable Lawt
Conuactor at all tlme1 during the pe rformance of this Contract shall comply with all applicable Fedora.I
and State laws and their implementina fllgulations, c-um,tly in existence and u hereafter amended,
including without limlt&tioo those set fonb on Exhibit . Applicable Laws, lllaCbed hereto, which Jaws
and regulations are lncorporated herein and made pan hereof. Contractor also shall requifll compliance
with such laws and regulations by sub-<:onlnelors under sub<ontract.; pennitted by this Contract.
G. lndemnlflcltloa
I. lnteraovmunental Grants
If this is an intergovernmental Gta111, the provisions hereof shall not be c001trued or interpreted as a
waiver, express or implied, of any of the immunities. rights, benefits, protfflion. or other provilions,
of the Colonido Governmental Immunity Act. CRS §24-10-101 et seq., or the Federal Ton Oaims
Act, 28 U.S.C. 2671 et seq., as applicable, as now or heresfltr amended.
U. Non-lJltertoftl'lllllental Grants
Grantee shall indemnify, n ve. and hold ~.armless the State, its employees and agents, apiJUt any
and all claims, damages, liability and coon awards includi ng coSII, e~penses, and attorney fees and
related costs, incuned u a resul1 o( any act or omission by Grantee, or its employees, agents,
subcontraclOl'I, or assignees pursuant to the tenns of ti is Grant.
P■gc 13 of 17
H. Jurisdiction and Vrnue All ,uu,. action,, or proceeding~ related 10 this Agrecm<nl shall be held m the S1a1e or Color.ido and the Panic< hcrby agree 1ha1 venue shall be prope r in the City and County or Denver. I . Modification I. By 1hr Partlrs Except as specifically pro,·idtd ,n 1h1s Agretm<nt, modific•1ions or this Agrecm<nl ,hall n01 be effective unless agreed 10 in "nting by bOlh P3n1<s in an amcndm<nl 10 this Agreement. property cxccu1ed and upprovcd in accordnnce with Colomdo Staie law and S1a1e Fiscal Rules. ii. By Operation of Law This Agreement is subject 10 such moditiations as may be required by changes in Fedt-r.il or
Colorado State law, or their .mplemenung regulations. An) such required mod1tica1ion •ut om,1,cally
shall be incorporated into and be pan of this Agreement on 1he rffec1ive da1e or such change, as if
folly sci fonh herein.
J .Order of Preceden,-e
noe pro,isions of th1> Agrecment sl..all go,·cm the relationship or the S1a1e and Grantee. In the e1·en1 of
connictS or inconsistencies be1 .. ,en this Agreement and il5 exhibits and ••u.chm<n15, such con01e1s or
inconiistc 1cies shall be resolved by rererence 10 the documents in the (ollowing order of priority:
I ;23, Coloradv Special Provision,
U §§1-22 of this Grant Agreement
Ii f.Jilbh A, Applic:tble Laws
I• • lxhlblt B, S1a1emen1 of Project,
v. Lxhlblt C, Annual Program Paper and S1afting Pa11em
l,., Sevuablllty
Provided this Agrccmen1 Clln be e,ecutcd and performance of the obligations or the P3r1ies accomplished
within its intent, the provisions hereof lltt severable and any provision that is decllltd invalid or becomes
inoperable for ony reason shall nol off I the volidity or any other provision hcreor.
L. Survival of Ce11aln Agreement Terms
N011<'ithsU1Rding anything herein 10 the conirary, provisions of this Agreemen1 requiring continued
perfonnance. compliance, or efr<ct alkr termination hereof. shall survhe such 1ermin1tion and ~hall be
enfor=ble by the Staie 1f Grantee fails 10 perform or comply as required.
M. Third Pae1y Btnt 0clarles
Enforcement of this Agreement and all ri ghts and obligations hereunder are reserved solely 10 the Panies,
and ROI 10 any third pany, Any services or bcncn1s which 1hird ponies receive as a result of 1his
Agretmcnl an, inc1dcn1al 10 the Agreement, and do not create any rights for such third ponies.
N. Waiver
Waiver of any breach or a 1enn, provision , or requirement or 1h1~ Agreement or nny righ1 or remedy
hereunder, whe1her explicill y or by lock of enforcement, shall not be construed or deemed as a waiver of
any <ubscqucnl breach or ,uch 1cm1, provi,ion or rcquiremen1, or of any 01hcr term, provi<ion. or
rcqu,remen1 .
f THE Rf.MA t NDER OF TIIIS PAGE INH :NTIONA U . l' 1,f.t'T llLAN K
~•g• 14 or 11
23. COLORADO SPECIAL PROVISIONS These Special Provisions apply 10 all Srn1c cumracts except where noted in 11a/ics. A. I. CONTROLLER'S APPROVAL. CRS §24-30-202 (I). This Gram shall not be deemed valid un1il i1 ha~ been opproved by the Colorado Staie Controller or dcsignce. B. 2. FUND AVAILABILITY. CRS f24•30-202(S.5). Finoncial obligo1ion s of 1he Staie payable lifter the current fiscal year arc con11ngen1 upo n funds for 1hat purpose being appropri111ed, budgeled, and otherwise made available. C. 3. GOVERNMENTAL IMMUNITY.
No 1tnn or condition o( this Gnuu shall be con.wued or interpreted as a wai,'Cr. expre\s or implied, or any
of the immuni1ics, rights. benefits, protections. or other provisions, of the Colorado Govemmen1al
lmmuni1y Act, CRS §24-10-101 ct seq .. orihe Federal Tort Claims Act. 28 U.S.C. §§l346(b) and 2671 et
S<!q., as applicable now or hereaf1cr amended.
D. 4. INDEPENDENT CONTRACTOR.
Grantee shall perform i1s duties hereunder as an independent colllfllctor and not as an employee. Neither
Gran1ee nor any agent or cmplo.1ee of Grantee shall be or shall be deemed to be an agent or employee of
the s1a1e. Grantee shall pay wt in due all required employmen1 mxes and income taxe s and local head
wes on any monies paid by the swe pursuant 10 thi s Grant. Grantee acknowledges tha1 Grantee and its
employru an, not en1itled 10 uncmploymc,it insurance benefits unless Grantee or a third party provides
such coverage and 1h11 the state does not pay for or olherwisc provide suc h coverage. Grantee shall have
,10 authoriution, express or implied, to bind the state to 1111y agreement, liablliry or understanding, except
as expressly set forth herein. Gr11111ee shall provide and keep in force workers' compensation (and provide
proof or such insurance when requested by the state) and unemployment compenmion insurance in the
amounts required by law and shall be solely ruponsiblc for its acts and those of its employees and agents.
E. s. COMPLIANCE WITH LAW.
Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or ~
hereafter established, including, without limitation, laws app:icnble to discrimination nnd unfair 1 ,
employment prt1etices.
F. 6. CHOlCE OF LAW.
Colorado law. and rulu and regulations issued pursuant thereto, 5hall be applied in the interpttl.lUon,
exec ution. and enforcement or this Grant. Any provision included or incorporated herei n by reference
which con nicts with said laws, rules, ond regulations shall be null and void. Any provision incorporated
herein by reference which purports to negate this or any ocher Special ProvislrA1 in whole or in pan shall
nOI be valid or enfon:ublc or available in any action at i.w, whelher by way o( cornplain1, defense, or
o<hcrwisc. Any provision rendered null and void by !he operation of this provision 5hall not invalidate the
remainder of this Grant, to the extent capable of execution.
G. 7. BINDING ARBITRATION PROHIBITED.
The State or Colmdo does not agree to binding arbitration by any extra-judicial body or person. Any
provision to !he contrary in !his Grant or incorporated herein by refmuce shall be null and void.
H. 8. SOFTWARE P IRACY PROHIBITION. Governor's Executl I Order D 002 00.
S1a1e or other public funds payable under this Grant shall not be uS<:J tor 1he acq uis ition, operation, or
maintennncc of computer software in viola1ion of federal copyright law5 or applicable licensing
res1rictions Gran1ee hereby certifies and warrants that, during the tenn ,_f thi s Grant and any extensions,
Grantee has and shall maintain in place oppropnate system, and control• 10 pmen1 such improper use o(
publ ic funds. If 1he State determines 1ha1 Grantee is in violauon of this provision. the State may exercise
any remedy availab le a1 law or in equity or under •',is Gran!, including, wi1hou1 llmi1a1ion, immediate
terminn1ion of this Gr1111t and any remedy consi5tc1, ~ith federal copyrigh1 laws or appli cable licensing
res1rie1ions.
Pogc 15 or 17
I. 9. EMPLOY EE FL'IA 'CIAL INTEREST/CONF LI CT OF INT ERE ST. CR §§2~-18-201 and 24-50,S07. 17,e signa1ories a,•er 1h a1 10 1t.iir knowledge, no cmpl0)CC of 1h e S1a1e has an)' personal or beneficial in 1ercs1 wha1soever in 1he service or propcn )' described in this Grant. Graniee hris no inieresi and shall nOl acquire an)' in1erest. direct or indire cl. 1ha1 "ould ,·onnict in any manner or deg ree wi1 h the performance of Grnn1ee's services and Gran1ce shall 001 emp loy an)' person ha,•ing ,u,·h kn ow n in teres1s. J. IQ .VEN DOR OFFSET. CRS §§24,](l-202 (I) and 24-.lll-202 .4. {Not Applicable to lnterg overnmenJal Grant</ Subject to CRS §24-30-202.4 (3.5). the Sime Coniroller may wit hh old paymeni under 1he Slate's ,•endor offse1 in1ercept system for deb1s owed 10 Slate agencies for: (a) unpaid child suppon deb1s or child
suppon arrearages; (b) unpaid balances of 1ax, accrued iniere st, or other charges specified in CRS §39-c 1-
10 1, et seq.; (c) un paid loans due 10 th e S1u den1 Loan Divi sio n of the Depa nment of Higher Educa1ion:
(d) amoums required to be paid 10 the Unemployme nl Compensa lion Fund ; and (e) other unpaid debts
owing 10 th e Stale as a re ult of fina l agen cy de1errnination or judicial ac1ion.
K. II.PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.S-101. {No t Applicable to agmments
rc.lating to lh t offer, iss uan ce, or sale of securities, invtstment advisory senicer or fund managtmtnl
sero•icts, sponsored projects, lntergo•trnmental agre ements, or information tecl,nology s,,.ices or
products and ,.,.;ct</
Grantee certifies, warran1s, and agrees thal ii does nol knowingly empl oy or con1rac1 wi1h an illegal alien
who will perform work under this Grant and will confirm 1he employment eligibili ty of all employees
who are newly hired for employmen1 in 1hc Uni1ed S1a1es 10 perform work under thjs Grant, through
participa1ion in the E-Verify Program or 1he Depanmen1 program es tab lished pursuanl 10 CRS §8-17.5-
102(5)(c), Grantee shall not knowingly employ or contract with an ille ga l alien to perform work under
1his Grant or en ter into a contrncl wi1h a subcon1rnc 1or 1ha1 fails to cenify 10 Gran1ee 1ha1 the
subcon tractor shall nol knowingly employ or contrac l wi lh an illegal alien 10 perform work und er 1his
Qmm. Graniee (a) shall not use E-Verify Program or Depanmeni program procedures 10 un dertake prc-
employmen1 sc reening of job app li cants while lhi s Grnn1 is being performed, (b) sha ll notify 1he
subcon tracto r and the comrac1ing S1a1e agency wi1hin lhree dn •s if Gran1ee has ac1ual knowledge 1hat a
subco nt ractor is employing or con1rac1ing wi1h an illegal ali en for work under 1hi s Granl. (c) shall
1erminate the subconlracl if a subcontractor doe s nol stop employing or con trac1ing wi1h 1he illegal alien
within 1hree days of receiving the nmice, and (d) shall comply wi1h reasonable rcque Is made in the
course of an inves1iga1ion, undenaken pursuan l 10 CRS §8-17.5-102(5), by the Colorado Depanment of
Labor and Employme nl. If Grantee panicipa1es in the Dcpanment program, Grantee shall deliver 10 the
con1rac ting S1a1e agency, ins1i1ution of higher educa tion or poli1ica l subdivi ion a wrinen, no1ari zcd
affi m1a1ior .. aflim1ing 1hat Grantee has examined the legal work status of such employee, and comply
with all of th e oth er requi.rements of 1he Dcpanmen 1 program . If Grantee fails 10 comp ly with ,,. /
requiremen t of lhi s provision or CRS §8-17.5-10 1 et seq .. 1he contrac1 ing Stale agency. instituliou of
hi gher education or political subdivision may termina1e this Grant for breac h and, if so 1ermina1ed.
Grantee shall he liable for damages .
L. 12 .Pll llLI C CONTRACTS WITH NAT RAL PERSONS . CRS §24-76.5-101.
Grantee, if a natural pcr.;on eigh1een ( 18 ) year.; of age or older, hereby swears and affirms under penally
of perjury 1ha1 he or she (a) is a cilizcn or otherwise la1vfully prc1en1 in 1he Uni1cd S1a1es pursuant 10
federal law, (b) sha ll comply with 1he provisions ofCRS §24-76.5-101 el seq .. and (c) has produced one
form of idcntific31ion requireJ by CRS §24-76 .5-103 prior 10 1he effective date of 1hi s Grant.
Revised 1/1/09
THE RE, T OF THIS PAG E INTENTIONALLY LEFT BLANK
Page 16of 17
24. SIGNATURE PAGE THE PARTIES HERETO HA VE EXECLTE D nus GRANT t. Persons signing ror Grantee hereby swur and affirm that they art authorlud to act on Grantee's Mhalr and acknowledge that the State Is rel)ing on their rt resentatlons to that dTect.
GRANTEE STATE OF COLORADO
CITY OF ENGLEWOOD Bill RJttu, J r., GOVERNOR
DEPARTMENT OF LOCAL AFFAIRS
By: __ .. -----
James K. Woodward By:
Susan E. Kutpauick. Eucutive Director
Title· ---Mayor
uau::
•Signc.ture PRE-APPROVED FORM eotmv.CT REVIEWER
Date: By:
Willlam F. Arehambaul~ Jr.
Daie:
ALL GRAJlo,:S REQUIRE APPROVAL by the STATE CONTROLLER
CRS §24•30-202 rtqulres the State Controller to approve all State Grants. This Gr ant Is not valld until
signed and dat,d M low by the State Controller or delegate. Granltt is not autborlt,d to begin
performance until such time. Jr Grantee btglns performing prior thereto, the State or Colorado Is not
o bligated to pay Grantee ror such performance or ror any eoods and/or services provided hereunder.
STATE CONTROLLE R
Davl~J . McDcm,ott, CPA
By: ______________ _
Rose Mane Auien, ConU'Oller Delegate
Date: ______ _
Page 17 ofl7
2009 EMPG/LEMS • Projtcl/Award Number: 9EM09L98 EXH IBIT A -APPLICA BLE LAWS Federal laws and rcgulaii ons incorporated into this Grant include, without limitntion : I. Age Discrimination Act of 1975, 42 U.S.C. Sections 6101, et seq. 2. Age Discrimination in Employment Act of 1967, 29 U.S C. 621-634 3. Americans with Disabiliues Act of l~Cl() (ADA). 42 U.S.C. 1210l.<t seq . 4. Equal Pay Act of 1963, 29 U.S.C. 206(d) 5. Immigration Refonn and Control Act or 1986, 8 U.S.C. 1324b
6 Section 504 of the Rchabilitntion Act of 1973, 29 U.S.C. 794
7. Titlr \'I of the Civil Rights Act of 1964. 42 U.S.C. 2000d
8. Tit le Vil of the Civil Rights Act of 1964, 42 U.S.C. 2000c
9. Title I!( of tho lld11ea1ion Amendment of 1972, 20 U.S.C. 1681, et seq.
10. Section 24-34-101 ti -.-q .. Colorado Revised Sta tutes 1997, as amended
11. The applk:ible ,• 11 .. r, .l0W1ng:
11.1 . Cost Princip>ls for State, l..oc:al and Indian Tribal Go,·emments. 2 C.F.R. 225. (0MB Circular A·
87);
11.2. Cost Princip>ls for Education ln<tituuons, 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. Audits of Stntes, Local Governments, and Non-Profit Organiwion< (0MB Circular A-133); Md/or
the Colorado Loco! Gove rnment Audit Low, 29-1-60 1, et seq, C.R,S .. and State implementing rules
Md regu lations.
11.5. lmmigro1ion SIRIUS ·Cooperalion wilh Federal Officials, CRS 29-29-101, Cl seq.
11.6. Davi,-0,...,., Act, 40 U.S.C. SS 276a to 276a-7 .
11.7. Copeland Act, 40 U.S.C. S 276c and 18 U.S.C. SS 874.
I 1.8. Contract Work Hours and Safety Standards Act. 40 U.S.C. SS 327-333, ttgarding labor stan<brds
for federally assisted conSIIIICtton <ub-awanls
11 .9. Wild and Scenic Rivers Act of 1968, 16 IJ S.C. SS 1271 et. s,q .. rclatcd 10 protecting components
or potential components of the Mtional II ild and scenic rivers system.
11 . 10. Notionnl Historic Preservation Acl or 1966. as amended, 16 U.S.C. 470. Executive Order No.
11593 (identificat ion and prolection of historic properties), and the Archaeological and Historic
Preservation Act of 1974, 16 U.S.C. 469n•I ct. seq.
11 .11 . Robert T. Stafford Disaster Assistance nnd Emergency Re lief Act (Stafford Act), 42 U.S .C . 5121 el
seq .. as amended.
I I.I 2. National Aood Insurance Act or 1968. 42 U.S.C. 4001 et. seq.
11 .13. Comp<ehen,h-e En,•ironmenlal Respon.<c. Compens1111on. and Llabih1y Act of 1980 (CERCLA), 42
u.s .c. JO,I.
11.14. Oep:111ment of Defense Authorimt1on Act of 1986, Title 14, Pun 8, Section 1412. Public I.aw 99-
145. 50 U,S.C. 1521.
I 1.15. USA PATRIOT Act of 2001, (Pub. L. 107-56).
11.16. l)igitnl Tclevbion Transition and Public Snfety Ac t of 2005, (Pul1 L. 109-171)
12. Federal Emergency Management Agency, Department of Homeland Security Regulations: All Applicable
Portions of 44 CFR Chapter I, with the following Paru specially noted and applicable to all grants of
FE~A/OHS funds:
12.1. Unifonn Admim,trativc Requi rement, for Grants and Cooperatl\e Agreements to State and Local
Go,cmment~. 44 C.F .R. 13.
12.2. Go,crnmentwide Debarment ond Suspension (Nonpmcurement) :nd Requ,ttments (or Drug-Frtt
Workploce.44 C.F.R. 17.
12.3. New Restrictions on Lobbying. 44 C.F.R. 18.
13. Privac)' Act of 1974, 5 U.S.C. S 5529 and Regulotions adopted thereunder (44 C.F.R. 6),
14. Prohibition ngninst use of Feder.i i Funds for Lobbying, 31 U.S.C. 1352
15. None o( 1he funds mnde avoilable 1hroogh 1hi< agrcorncnl shall be used m con1m·en1ion of the Federal buildings performnncc and reponing requirements of faccu1ivc Order No. 13123. pan 3 of title V of the , Iii, National Entrgy Conservation Poli.;y Act. 42 U.S.C. 8251 et. Seq .. or <ub111le A of title l of the Energy i , Policy Acl of 2005 (including the amendments made thereby). 16. None of the funds made available shall be used in con1ravention of section 303 of 1he Energy Policy Acl of 1992, 42 u.s.c. 13212. 17 . Buy American Ac1. 41 U.S.C. IOa e1 seq. 18. 2009 EMPG Federal Gruu Guidance THE REST OF THIS PAGE INTENTIONALL \' LEFT BLANK
Page 2 of 2 -Exh,b,t A -Appbcablc l..aw,
2009 E:.fPG/LEMS · Projttr/A,-ard 'iumber : 9EM09L98 EXHIBIT 8 -SfATE:.tENT OF PROJECT (SO P) EMERGENCY MANAGEMENT PERFORMAI\CE GRANT (EMPG ) I. GENERAL DESCRIPT ION OF THE PROJECT(SJ . Gran tee will carry-out the rumual work plans in the Annual Program Paper nnd Staffing Pl:tn (fah1bit C) for each of the Erncrgen,) Management Functions tEMF). Grantee mu<t panic,pate in NIMSCAST by entering or .1p(l.11ing the Grantee·s data as pan of meeting the NIMS comphance requirement,.
1.1 . Ellgiblt/appr ·1t'.I txptnses. Eligible expenses include up to one-half (504,) of the costs for salaries
and benc.11, ,, 'it:lntee's emergency mall/lgtr and emergency management staff, 1ra,el, emergency
rr .. ,fh1bt.nlC!lt o.,ic .. operational costs, Md Lhe costs associa1ed with . emergency management exercises,
1ra.n1ng and p,anning. The requ,r,d ~ non-federal match nted 1101 be provided by the G111mee on a
li ne-item by li11e-i ,. m basis. but must be 50% of the total overall expenditures, Reimbursement will
• 01 exceed Ill, fcdoral share awarded he.n!in unless an amendment 10 this contract is ex""uted 10
increase the anu .. 01 of the award, No more than 3'i\ of this Grant may be tiled for Management and
Admini<tra11011 I ' '<Al costs. It should be nOled 1h01 salaries of locul emergency manngers are not
l)l'ically ca1e,m, d u M&A , unless the local Emergency Management Agency (EMA) chooses 10
assign pc 1onnel > speci fic M&A oc1ivi1ics. Additionnl specific eligible and ine li gible cost
infwmauon , listed in am 2009 EMPG program guidance 11
hnp:/(www [emn.111w/ndflgovcmmcn1/granr/empg/Ml9 cmpg ,uidancc pd[
1.2. ldentlOcallon of SubgranL NONE.
1.3. Maid!. Gram, 's required non-federal ma.tch contribution, if any, b detailed in §6 below. The match
Jc/r,cl· on,/ 181 nwy. or may not O include in-kind nrntch. Documentatioo of expend1rures for the non-
federal match contribution is required .
2. DEFINITIONS:
2.1. List specialized terms used in the SOP. NO'I/F_
2.2. Li,i abbreviauons used in the SOP. Locnl Emergency Man1gemen! Support (LEMS): Emergency
M1111agement Function (EMF); Emergency Operating Center (EOC): Management and Adminimot lon
(M&A): Emergency M1111agemcnt Agency (EMA): National Incident M1111agcrncn1 System (NIMS).
NIMS Co mpliance Assismnce Suppon Tool (NIMSCASn .
3. PERSONNEL:
3.1 . Responsible Admlnlslrutor, Gmmee's performance hereunder shall be under the direct supcrvi,ion or
Ste,e Crttn, Coordlnator. an employee or agent of Grantee. "'ho is hereby designated as the
responsible administrator of this project.
3.2. Other Key Personnel. NONE.
3.3. Replactmenl. Grantee shall immcd,atoly no11fy 1he Depanmcn1 if 1ny key personnel ,-ca\C 10 >tt\"e.
Provided there is a good-faith reason for tile chnnge , If Grantee wi<hc< 10 replace its key personnel. it
'11•11 notify the Depanment and s,ck iu approval. which shaJI be at the Dep:1n1ncnt'< sole di\Crction, as
the Dcponment issued this Gram in pan reliance on Grantee's representation< regarding Key Pcrn>nncl.
Such notice shall ,pedfy why the change is neces<nl)', who the proposed replacement is. what hi</hcr
qualificnuons are. and when the change will take effect. Anytime ley per<00ncl cc.ise 10 serve. the
Depanmcnt. in ii, sole discretion, mny direct Gra ntee 10 suspend work on the Proj ect unt il such time ns
replacement< are •ppro,cd. All noti= ;en1 under llli, wh'itCl1on shall he .cm in accordance with §18 or 1hc Gr.int.
4. PAYMENT:
4.1. Payment Schedule. Gromee shall submit requests for reimbursement u,ing the 0.pnnmem provided
form at least quAnerly. Two original signed copies of the reimbursement requests are due on the same
d,ues as the required fi nancial repons. All requcstS \hall be for eligible actual upcnSd incurred by
P•i;, I nf 4-l:1M,,1 0 -Suucmcnt of l'roJ«I
Gnniee, u deic:ribed In dellil in fl above . Requesu wiU be accr mpanied by supporting documeoll. n totaling at least the amount requested for reimbursement ,Id any rcquirid non-federal match contribution . Documenwion requlremen1.1 are described in 15,2 below. If any financial or progress reporu are delinquent II the time or a payment request, the Depanment may withhold such reimbursement untll the requind reporu have been submiued. Up to one qUlrter or the tow grant will be reimbursed with each quanerly payment. No more than 50% or the~ expenses will be reimbursed II any time. If one quaner's reponed experuu do 001 warrant reimbursement or• full quarter's payment. any remaining rwicu from thl1 quaner will be available for subsequent quar1ers so thst additional expenses Incurred In the Iller quancrs may be reimbursed. Likewise, If exceu expenses ror one quarter are reported, those unrcimbursed expcnJeS
will be added 10 the followina quanm' expense, u neceswy 10 maximize uch quaner's
reimbursement. If the tow reimbursable expenses reported ror the year's grant exceed the anlOO!lt of
the award, the eiu:eu expenses may be eligible for consideration for any reallocation additio~ made 11
the cod of the federal grant period. If any giant end rc&lJOCllion fundln& is l\'lilable. eligiblliiy for
these funds will require timely report submittal, and str011g pcdonnance demonsnted th!Ough the
quamrly progrcas repons and through onaoing contaet/monitoring.
•.2. Paymmt A--. When oon-federal match is rcquind, such match must be documcnted with every
payment request. Excess mau:b documented and submilted wilh one reimbursement requut will be
applied to subsequent request& u necessary to muimiu lhe allowable relmbunement.
•.3. RemlUaDct Addrw. If maikd, paymenu shaU be rcmilted t0 the following address unless changed in
acconlaoce with fl& of lhe Gnnc
City of Englewood Emcqency Manaacmcnt
3615S.Ellli
En ewooc1 CO 80110
5. ADMINIST1lA TIVE REQUIREMF.NTS:
5.1. luportilll,
5.1.1. Quartuly F1nandal Statua ud Prop-ell Juporta. The project(s) approved in this Grant are
to be r '11pleted 011 or before the tamination dale Sll1ed in t5(A) of the Gnnt Agrc,emenL Grantee
shall submit qlllllCrly financial stllUS and programmalic progress rcpocu for each project
Identified In thia aarcerncnt using the forms provided by the Oeplltmcnt. Two copies with original
signalW'e$ lhall be IUbmltted ID acx:onlance with the schedule below:
\
1r·· ':·-·,•;~~ .. , ~;~rM.iM!l!.IIIDL'.' cil.:·~
12 · 'l.L ... -:· ~.1!J.i. ·. :.. .. : .. -11~. '. .• , , . • . , c.:J ~
5.1.2. Final Report,. Grutee shaU submit a final financial 111111$ and pn>gn!SS rcpon that provides
final financial reconciliation and a flnal cumulative gnnt/project 1CC0111plishmcnts report within
45 days of the end of tho project/giant period. No obligations of funds can remain on the final
rcpon. The final ~ may 5Ubstitute for the quanerly rcporu for the final quartu of the grant
period. If all projecu arc completed before the end of the grant period, the final repon may be
submitted 11 any time before iu final due dale. No further reports will be due after the Dopanment
bas n>Cdved, and rcot notice o( accepwice of the final grant repon.
Page 2 ol 4-l!xhlbil B -Swtment or Projoct
S.?. Requirtd Documentation Sufftci<nl demi ,hall be pro,•,~ woth mnlhur-..,mcn1 rtque'J< Ill demon,u111e 1h11 expenses :m allowable and appropn•te L< lktailed ,n 1be ,ub1ett1ons belm, hereon. Grantees must retain all procurement and p;,)nM.1o1 docurncntatoon on site for mSp«lion. This ,hall include, but not be limited 10, purcha<c orders. receiving document\, invoices. vouchers. cquipmenl/scrvices identificatio n. and time and cffon repons. S.?. I. Eq1dpmen1 or tangi ble goods. Requests for reimburs,mcnl for tangible per>0nal propcny wuh • rureh11<.c price of leu 1han 55,000 rcr 11cm should include the invoice number, dcscrip1ion of uem pun,hascd te.s. radios), and the loca1,on and number of items. For equipment items "ilh • pc.chase price of or •~cecding S5.000, and a us,ful life or rr,,,re than one year, the Grantee must
provide n copy of the invoice and include n unique identify 1ns number. Thi> nu mber can be 1hc
manufacturer's serial number or. if the Grantee has its own (Xis1ing inveniory numbering system.
1ha1 number may !>e used.. The location of lhe equipment must also be pro,·ldcd. In addition 10
ongoing 1nclcng requirements, Gnn1ee shall ensure 1h21 tangible goods wuh per item COSI of S500
or more and equipment wilh per unit cost or $5,000 or more are prominently o.10rkcd as folio" s:
"Purrhaud "'ithfund, pro1•id,d by thr FEM,',."
5.2.2. Services. Grantees shall include con1rnclipurchase orde r number(s) or employee names, the
da1c(s) the s,rvices were pro•idcd and the nn1u re of 1he services.
S.3. ProcurcmeoL Grantee shall ensure its pro.,uremen1 policies meet or exceed local. state. and federal
requirements .. Grantee should refer 10 local, s1.:uc. and fcdcr1I suidancc prior 10 making decisioru
regarding competitive bids, sole source or 01her procurement issues. In addition:
5.3.1. Sole Source. Any sole source transaction in excess of $100,000 musr be npproved in advance
by 1hu Oepanment.
5.3.2. Conduct. Grnn1ees shall ensure 1ha1. (a) All procurement 1ra.:sactions, whether negotiated or
competitively bid. and without rega,d 10 dollar value, m conchlCted in I nwnner that pro"idcs
maximum open and free competiuon, (b) Grantee must be alen 10 twi•niza1ional connicts of
in1cres1 and/or non-compc1i11\'e practices among con1111e1o-s :im may restrict or eliminate
competition or 01hcrwi1e restrain 1rnde; (c) Contractors who develop "< drnfl specilica1ions,
requirements, s1a1emcn11 of work. and/or Req uests ror Proposals (RFP<) for a proposed
procuremcn1 must b(. excluded from bidding or submiuing o proposal 10 compete for the oward of
such procuremcm; and (d) Any request for exemption of item a-c within Ibis wbscction must be
subfflllled in writing 10. and be :ipp«wed by lhe au1f.oriztd Granite official.
S.3.3. Otbarment. Grantee shall ,·crify 1ha1 the Con1rac1or ,s not debarred from pan1c1pa1ion in si11e
nod federal programs . Sub-grantee, should revkw con1rac1or debarment lnforma:ion on
bi1Q;//www.epls.gov.
S.3.4. Funding Discl osu re. When issuing requests for propo,al,, bid soliciullions. and other published
documents descnbong pr0Jt'l.,s or programs funded in whole or in pan wi1h these grant funds.
Grantee and Subgran1ees .toall: (1) sate the pcn:en1age of 1he 10i:ll cO>l of rhe program or project
"hich w,11 be financed wi1h grant money; (b) state 1he dollar amount of state or federal fund, for
the project or program; and (c) use 1he ph ra-e "This projtr.t was supported b)' ~""'' # ~
im1td by tllt Colorado DMsio11 uf EmtrH<'IIC)' Manag,mrnt,"
S.3.S. Approvtd Purchases. Grantee shall verify 1ha1 all purchllscs arc listed In §1. I above.
Equipment purchases, if any, sh>II be for items listed in the Appro,-ed Equipment List (A.E.L) for
the grant period on the Responder Knowledge Base (RKB). at kup://1>-ww.rlcb.nupc.org.
S.3.6. Asslgnm,nt or Rights/Duties/Equipment. Grantee •h•II ensure 1ha1 no rights or duties
exercised under this Grnnl, or equipment purchased with Granl Funds hoving n purcha.se vnluc of
$5.000 or more are nssigncd "ilhou1 1he prior wriuen consclll of the Depanmcnl.
5.3.7. Grnn1ec <hall ensure thDI :ill fund, 11rc needed 10 supplement and IIOI IO supplant the Grantee's
0"'11 funds.
U. R,view and Monitoring, The Ocp:inmcnl ,hall e\3luatc lhe ProJect(s) through 1h< review of Gr:1n1cc
submuted finnncial and pmgncss repom. The Department may also conduct on ••'ir monitoring 10
?age 3 of 4-Exhobot 8 -Sm<cmcn, of Project
detennlne whether the Grantee is meeting/met the performance goal5, administrative standards, financial management and other requiremen11 of this Grant . 5.5. Addlllollll Admlnlstnlth·e Rtqulmntnts. NONE. 6. PROJECT BUDGET:
2008 Award Funds•
2008 Federal Shire Rmlalnllll A nllable for
Relmbtanmlent Durtna the FFY 09 Gnnt
PwtocL•
•ror lalormadoa par,-only. Not put of t.bil 2009 award. /uJy l'fllWIWII bal.uice Is ftom Ille
2008 award lllcl nmalat put of lbat put lllcl Is relmbanlblt dllri.na Ille 2009 award period
became of the oYerlapplna pmonnana, terms. If au f011t quarters' reimbuncmenu for the 2008 &WIid
have been submitted and paid, the 2008 Federal Share Remaining shown above is available for
relmbU11Cmen1 during the f11t1 three quartcrs of the 2009 Federal Fiscal Year (PPY). Remaining 2008 funds
will be paid tor the 2009 liRI, second and thin! quaner reimbursemeJ11 requesu u nccessary 10 utiliz.e the
full 2008 awani. P.:. yments will be identified u fifth, sixth and seventh quarter 2008 paymenlJ u
appropriate on the reimbursements, and the required 50% non-federal match will be counted toward the
2008 grant to properly mat.:h the reimbursed amount!. If any 2008 first-fowth quarter reimbursemen11 have
not yet been 111bmined or paid, the 2008 lmOUnl remaining available will be reduced by any paymenr:s made
when submined and appro~. If the 2008 Federal Shue Remaining Available amount shown is SO, the full
2008 award amount hu been re.imbursed, and hu no effect on the funds available during FFY 2009.
Pro,l«t Blldaet Line llml Acl,IIIIIDWlls:
Any changes to this budaet, if authorued in 18(8)(11) of this Grant Agreemen1, must be submined to the
Depanment prior to the next reimbursement request so the Department can properly monitor grant
expenditures and ensure reimbursements fall within the budgeted amounu, Any change in the scope of a
pn!jec1, lncludlni the purthase of equipment 001 shown in !his Elhlbll 8 , or any change equal 10 or areaw
than 10'4 (cumulative) to the budget shown in tlus Exhibit 8 , requiies a formal amendment to lhiJ Grant.
P•JO ◄ or 4-l!xhibh B -S1a1.emcnt of Project
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ORDINANCE NO. __ SERIES OF 2009 BY AUTHORITY COUNC IL BILL NO. 20 INTRODUCED BY COUNClL MEMl3ER PENN AN ORDINANCE OF THE CITY OF ENGLEWOOD AU'l'HORIZING
THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES
2009, TO FINANCE THE CONSTRUCTION OF IMPROVEMENTS
TO THE CITY'S WATER SYSTEM AND AUTHORIZING THE LEVY
OF PROPERTY TAXES, IF NECESSARY, TO PAY SUCH BONDS;
PROVIDING THE FORM 0 1 .E BONDS AND OTHER DETAlLS
IN GONNECT ION TIIBREW1 • .-I; AND APPROVING DOCUMENTS
RELATING TO THE BONDS.
WITNESS ETH :
WHEREAS, the City of Englewood Colorado ia a municipal corporation duly
organized and operating ru, a borne rule city under Article XX of the Constitution of
the State of Co.lorado and the Charter of the City (unleBB otherwise in.dicated,
capitalized terms UBed in this preamble shall have the meanings set forth in Section 1
of this Ordinance); and
WHEREAS, pursuant ID Section 104 of the Charter, the City is authorized ID issue
general obligation bonds for any public capital purpose, subject to obtaining voter
approval of a ball ot question authorizing such bonds; and
WHEREAS, at an election on November 4, 1997, the following ballot question (the
"Ballot Quesd<'n") was approved by a majority of the eligi ble 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 $2n,::J00,000 AND SHALL THE CITY OF
ENGLEWOOD'S TAXES BE INCREASED 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 SYSTEM AND
THE PURCHASE OF WATER PROCESSING EQUI PMENT INCLUDING ALL
NECESSARY AND APPURTENANT FACILITIES, BY THE ISSUANCE AND
PAYMENT OF GENERAL OBLIGATION BONDS PAYABLE FROM SUCH CITY
FEE S, TAXES OR OTHER REVENUES AS THE CITY COUNCIL MAY
DETERMINE, WHICH BONDS SHALL BE SUBJECT TO REDEMPTION , WITH
OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH MAXIMUM INTEREST
RATE, DATED AND SO LD AT SUCH TIME OR TIMES A": SUCH PRICES (AT,
ABOVE, OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SllCH
TERMS NOT INCONSISTENT HEREWITH, AS THE CITY COUNClL MAY
DETERMINE . WHICH AU'l'HORIZATION SHALL INCLUDE AUTHORIZATION
TO REFL"ND SUCH BONDS WITHOUT ADDITIONAL VOTER APPROVAL; AND
l
9bvii
IN CONNECTION THERF.WITH IF DETERMINED BY THE CITY COUNCIL • (!)SHALL THE CITY'S AD VALOREM PROPERTY TAXES BE INCREASED IN ANY YEAR IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND UITERE~'T ON SUCH BONDS WHEN DUE , WITHOUT LIMITATION AS TO RATE OH AMOUNT OR ANY OTHER CONDITION, AND (H) SHALL THE REVENUES FROM SUCH TAXES AND ANY EARNINGS THEREON AND FROM T,iE INVESTMENT OF THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE?; and
WHEREAS, the Cow:cil previously issued its General Obligation Water Bonds ,
Series 2004 in the amount of$3,055,000 pursuant to such voter authorization and has
determined that it is in the best interests of the City and its residents to issue
additional general obligation bonds at this time for the purpose of financing the
co1:atruction of improvements to the City's water syatem; and
WHEREAS, on the date of issuance of the Series 2009 Bonds , the amount of
bonded indebtedness will not exceed 3% of the latest actual valuation for assessment
of the City, and
WHEREAS, the issuance of general obligation bonds by the City secured from a
pledge to levy property taxes, ifoece ssary, results 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 ope ration of the City's water aystui
to repay the Bonds; and
WHEREAS, the City has been presented with a proposed form of agreement from
Stifel, Nicolaus & Company, Incorporated, of Denver, Colorado, for the purthaae of
the Bonds upon specified tenna and conwtions and, after consideration, the Council
hue detennined that the negotiated sale of the Bonds to said firm is to the beat
advantage of the City; and
WHEREAS, the Council desires to authorize the iaaua::ice and sale of the Bonda
and, as provid•d in Title 1 l , Article 57, Part 2, Colorado Revised Statutes, delegate
authority to thd ciale Delegate to make ce rtain determinations regarding the Sonds to
be set forth in the Sale Certificate in accordance with the provisio,ia of this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
t-iTY OF ENGLEWOOD. COLORADO, AS FOLLOWS:
Section 1. Definitions. The following terms shall have the following
meanings as used in this Ordinance:
"Act" mea.na Part 2 of Article 57 of Tille 11, Colorado Revised Statutes, or any
euccessor statutes thereto.
2
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"Ballot Qu estion" means the ballot question approved by City voters quoted and defined as s uch in the preamble s hereto . "Bond Acco unt" means the acc ount established by the provision.a hereof to account for the moneys for which a separate tax levy is made, or legall ,· 11v ailable moneys are applied, to satisfy the obligations of the Bonds . The Bond Account shall be a subsidiary account of the appropriate fund or account of the City and se parately accounted for by the City in accordance with the provisions hereof.
"Bond Counsel" means (a) as of the 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 nationally recognized expertise in the issuance of municipal bonds .
"Bond Insurance Policy" means the municipal bond insurance policy iaaued b,v 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 in tbe Sale Certifica te which is to
issue the Bond Insurance Policy .
"Bond Obligation" means, as of any date, the principal amount o · l , Bonds
Outstanding as of such date.
"Bond Purchase Agreement" means the Bond Pu, chase Agreement, pursuant to
which the City is to agree to sell and the Underv ·riwr is to agree Lo purchase the
Bonds at the prices and on the terms set forth tL ·,•in.
"Bonds" and "Series 2009 Bonds" means the Bonde authorized by the S,,·Iion
hereof titled "Authorization and Purpose of E.onds ."
"Business Day" means any day other than (a ) a Saturray or Sunday or (b) a day vn
which banking institutions in the State are authorized or oblig·ated by law or
executive order to be clo sed for business.
"C harter" means the home rule Charter of the City.
"City" means the City of Englewood, Colorado, and any s uccess or thereto .
"Cock" mean s the Internal Reve nue Code of 1986, as amended. Each refe r ence to a
section of the Code herein shall be dee med to include the United States Treasury
Regulations propo se d or in effe ct thereunder and applicable to the Bonds or tho use of
p.roce ed s thereof, unless the context clearly requires otherwise .
"Co mm it ment" means tha t certain offer , if any , to ieuue th e Bo ' In s urance Policy
iss ued by the Bond Insurer.
"Co11 11cil " means the Ci ty Council of the City .
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"County" means Arnpahoe Counly, Colorado. "Dated Date" means the original dated date for the Bonds as established in the Sale Certificate. "Defeasance Securities• means bills, certificates of indebtedness, notes, bonds or similar securities which are direct, non callable obligations oftbe United SIJltes of America or which are fully and unconditionally guaranteed as to the timely payment of principal and inter est by the United States of America, to the extent such
investments are Prrmitted Investments.
"DTC" meana The Depository Trust Company, New York, New York, and its
successors in interest and assigns.
"DTC Blanket LdterofRepresentations" means the letter of representations from
the City to OTC to induce OTC to act as s ecurities depository fo r the Bonds.
"Euent of Default" means any of the ,ivents specified in the Section he, Jo f titled
"Events of Default.•
"Interest Payment Date" me!lnB the dates established in the Sale Certificate fo r the
payment of interest on the Bonds.
"Official Statement• means the final Official Statement relating to the Bonds.
"Ordina11ce" mean s th.is O rdin ance, i ncluding any amendments or supplements
hereto.
"Outsta11ding• means, as of any date, all Bonds issued and d elivered by t he City,
except the following:
(a) any Bond cancelled by the City o r the Paying Agent, or otherwise on
the Cit y's behalf, at or before such date;
(b) any Bond held by or on behalf of the City;
(c) any Bond for th.e payment or the redemption of which moneys or
Defeasanr.e Securities sufficient to meet all of the payment
requirements of lhe prin cipal of, p remium, if any, and inter est on
aucb Bond to the dote of maturity or prior redemption thereof, shall
have theretofore been depositetl Ll'U&l fo r such purpose in
accordance with tho Section her eof utled "Defensance"; and
(cl) any lost, apparently destroyed, or wrongfully taken Bond in lieu of or
i n substitu tion for which nnother bond or other security shall have
been executed and delivered.
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"Owner" means th e Person or Person s in whoso name or names a Bo nd is
registered on the registration booka maint.ained by the Paying Agent pursuant hereto. •
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"Paying Agent• means UMB Bank, n.11 .. in Denver. Colorado, and its successors in intere•t or assigns appro,·ed by the City. "Paying Agent Agreement• means an agreement between the City and the Paying Agent concerning the duties and obligations of the Pnying Agent with respect to the Bonds. "Permitted Investments" means any investment in which fund s oftbe City may be
invested under the Charter and the laws of the State al the tune of such investme.nl.
•Person ' means a corporation, firm, other body corporate, pa rtnership, asaociation
or individual and also includes nn executor, administrator, trustee, receiver or other
representative appointed according lo law.
•, -eliminary Official Statement• means the Preliminary Official Statement
prepared in connection with the sale and iBBuance of the Bonda.
"Principal Payment Date' means the date or dates established in the Sale
Certificate for the payment of the principal of the Bonda.
"Project" means any purpose for which proceeds of the Bonds may be expended
under the Act and the Ballot Question, including, but not limited lo, 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 Project. The Project Account
shall be a subaidiary account of the appropriate fund or account of the City, and
separately accounteJ fo r 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 fifteenth day of the month immediately preceding the month (whethe r or not such
day is a Bua.iness Day) in which such Interest Payment Date occurs and, if the
Interest Payment Date is on the fifteenth day of the month, the fir11t day of the month
(whether or not such day is a Business Day) in which such Interest Payment Date
occurs.
"Sale Certificate• means the certificate executed by the Sale De.legate under the
authority delegated pursuant to this Ordinance, including but not limited to the
Sections hereof tilled "Bond Details," "Redemption of Bonds P..ior lo Maturity",
"Approval of Related Documents· and "Bond Insurance Detennination" which set
forth, among other things, the rate of interest on the Bonds, the conditions on which
and the prices at which the Bonds may be redeemed before maturity, the price at
which the Bonds will be sold, the Dated Date, the amount of principal maturing in
any particular year, the dates on which principal and interest will be paid, whether or
not the Bonde will be secured by the Bond Insurance Policy and the terms of any
• agreement with the Bond In surer if a Commitment is accepted regarding the Bonds.
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•Sale Delegate" means the Dired.or of Finance and Administrative Services of the • City or, in the event such person is unavailable, the City Manager. "State" means the St.ate of Colorado. •Tax Letter of Instructions" means the Tax Letter of Instructions, dated the date on which tbe Bonds are originally issued and delivered to tbe City by Bond Counsel, as such instructions may be superseded or amended in accordance witb their terma.
"Underwriter" means Stifel, Nicolaus & Company, Incorporated, of Denver,
Colorado.
Section 2. Autho rization and Purpose o f Bonds. Pursuant to and in
accordance with the Act, the Charter and the Ballot Question, the City hereby
authorizes, and directa that there shall be issued, the "City of Englewood, Colorado,
Ge neral Obligation Bonds, Series 2009," in the aggregate original principal amount
not to exceed $3,000,000 for the purpose of providing funds for the Project.
Sc~tlon 3. Bond Detail,.
(a) lugutered Form., Denomination,, Doled Dale and
N umbering. The Bonds 1hall be iasued In fully registered form,
shall be dated as of the Dated Date, and shall be registered in the •
names of the Persons identified in thb regiatration books
maintained by the Pa ying Agent purauant hereto. The Bonds shall
be issued in denomination s of $5,000 in principal amount or any
integral multiple thereof. The Bonda shall be consecutively
numbered, beginning with the number one, preceded by the letter
"R."
(b) Maturity Dau-. Princip al Amount, and Intere,t Rote,.
The Bonde shall mature on the Principal Payment Date of the years
and in the principal amounts, and shall bear interest nt tho rates
~ er annum (calculated baaed on n 360-day year of twelve 30-day
montha) aet forth in the Sale Certificate. The Council hereby
delegate, to the Sale Delegate the authority to determine the
aggregate principal of the Bonda, the Dated Date, the Interest
Payment Date, the Principal Payment Date, Lhe price at which the
Bonda will be sold, the principal amount of 13onds mat~ : • :10y
particulnr year and the r ate of interes t on the Bonds.
(c) Accrual a nd Date, of Payment o f Intere,t. lotere,,t ~n ,,.,
Bonds shall accrue at the ratea set forth in the Sale Certificate fro m
the later of the Dated Date or the latest Interest Payment Date (or
in the case of defaulted interest, the lat.eat date) to which interest
baa been paid in fu!J and an al! be payable on each Interest Payment •
Date.
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(d) Manner and Form of Payment. Principal of each Bond shall be payable to the Owner thereof upon presentation and s urrender of such Bond at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof titled "Oefinit,one" or at such other office of the Paying Agent designated by the Paying Agent for such purpose. Interest 00 each '9ond shall be payable by check or draft of the Paying Agent mailed on each Interest Payment Date to the Owner thereof as of the close of busineu on the corresponding Record Date; provided that interest
payable t<, any Owner may be paid by any other means agreed to by
such Owner and the Paying Agent that does not require the City to
make moneys available to the Paying Agent earlier than otherwise
required hereunder or increase the costs borne by the City
hereunder. All payments of the principal of and inwest o n the
Bonda shall be made in lawful money of the United States of
America.
(e) Boole-Entry &giatration. Notwithstanding any other
provision hereof, the Bonds shall be delivered only in book entry
form registered in the came of Cede & Co., as nominee of DTC,
acting as securities depository of the Bonda and principal of and
intere&t on the Bonda shall be paid by wire trl1I18fer to DTC;
provided, however, if at any time the Paying Agee, determines, and
notifies the City of its determination, that DTC is no longer able to
act as, or is no longer satisfactorily perfonning its duties as,
aecuritiea depoaitory for the Bonda, the Paying Agent may, at ita
discretion, either (i) designate a substitute securities depo,,itory for
DTC and reregiater the Bonda as directed by such au~titute
eecuritiea depoeitory; o.r (ii) terminate the book entry registration
system and reregister the Bonda in the names of tl:.e beneficial
owners thereof provided to it by DTC. Neit.li.er the City Dt'r th1
Paying Agent thall have any liability to DTC , Cede & Co., any
substitute securities depository, any Person in whose name the
Bonds are reregietered at the direction of any substitute securities
depository, any bene ficial owner of the Bondo or any other Person
for (A) any determination made by the Paying Agent pursuant to the
proviso at the end of the immediately preceding eentence 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, Ced.e & Co., any
substitute aecwitiee depository or any Person in whoae name the
Bonda are reregiatered.
Section 4. Redemption ofBonrui Prior to Maturity.
(a) Optional Redemption . The Bonda shall be subject to
redemption at the option of the City, in wh ole or in part, and if in
part in such order of mf t urities as the City shall determine and by
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lot within a maturity on such dates 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 auch redemption may be made. (b) Mandatory Sinlting Fund Retkmption. All or any i:rincipal amount of the Bonda 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
rede.mption price equal to the principal amount thereof (wi th no
redemption premium), plus acaul'd intere¥t to the redemption date.
The Council hereby delegates to the Salo Delegate the authority to
determine the principal amounts and dates on which the Bonds
shall be subject to mandatory sinlw,g fund redemption.
(c) Retk.mption Procedure•. Notice of any redemption of Bonds
shall be given by tl:a Pnying Agent in the name of the City by
sending a copy of such n~':ice by fint clasa, postage prepaid mail,
not more than 60 days nor :ess than 80 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 ao to be redeemed (if
redemption shall be in part) and the redemption date . If any Bond
ahalJ have been duly called for redemption and if, on or before the
r edemption date, there shall heve been deposited with the Paying •
Agent in accordance with this Ordinance funds 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 redemption notice or any defect in any
redemption notice shall n ot affect tha validity of the proceeding for
the redemption of Bonds with respect to which such failure or defect
did not occur. My Bond redeemed prior to its maturity by prior
redemption or otherwise abaJJ n ot be reissued and shall be
cancelled.
Section 5. Security for the Bonds.
(a) Chneral Obli1atioM. The fonds shall be ganeral obligations
of the City and the full faith and credit of the C'ity are pledged for
the punctual payment of the principal of and interest on the Boncb.
The Bonds s hall not constitute a debt or indebtedness of the County,
the State or any political subdi,~aion of the State oth~r than the
City.
(b) Leuy of Ad Valorem Tare,. For the purpose of paying the
principal of and inter est on the Bonds when due, respectively, I.he •
Council shall annualiy determine and certify to tho Board of County
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(c)
(d)
Commissioners of the County, a rate of levy for general ad valorem truces, without limitation as to rate or amount, on all of the taxable property in the City, sufficient to pay the principal of and interest on the Bonds when due, re spectively, whether at maturity or upon earlier redemption . Application of ProceecJ. of Ad Valorem Ta.t:es . The general ad valorem taxes levied pursuant to subsection (b) of this Section , when collected, shall be deposited in the 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 Bonda, including principal
and inte,·est, are fully paid , satisfied and discharged.
Appropriation and Budgeting of Proceed, of Ad Valorem
Ta.res . Moneys received from the general ad valorem taJces levied
pw;suant to aubac :tioo (bi of this Section in an amount sufficient to
pay the principal of and interest on the Bonde when due,
respectively, are hereby appropriated for that purpose, and all
amounts required to pay the principal of and interest on the Bonde
due, respectively, in each year shall be included in the annual
budget and appropriation ordinance to be adopted and passed by the
Council for such year.
(e) Use or Advance of Other Legally Available Money, .
Nothing 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 Bonds. If and to the exteut such other legally available
moneys are used to pay the principal of or interest on the Bonds, the
City may, but shall net be required to , (i) reduce the amount of twtes
levi6J for such purpose pursuant to subsectio.n (b) of this Section or
(ii) use proceeds of taxes levi ed pursunnt to subsection (b) of true
Section to reimburse the fund or account from which such other
legally available moneys are withdrawn for the amount w:thdrawn
from such fund or account to pay the prir,r.ipal of or interest on the
Bonds . If the City selects nlternative (ii) in the immediately
preceding sentence, the truces levied pursuant to subsection (b ) of
th.is Section shall include amounts sufficient to fund the
reimburse me.nt.
(I) Certification to County Commi11ioners . :. is hereby
declared that, if the City doe s not otherwise determin e and certify to
the Board of County Commissioners of the County a rate of levy for
general ad valorem property truces as required by subsection (b) of
this Section, the foregoing provisions of th.is Section shall constitute
a certificate from the Council to the Board of County Commissioners
of the County showing the aggregate amount of ad vnlorem taY.es to
be levied by the Board of County Commissioners of the Co unly from
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t.im e to t ime, as required by law, fo r the purpose of pnyin~ the • principal of and intvest on the Bonds when duo. (g) Depo,it of Mon ey• t o Pay Bonda willi, and Paynu,nt of Bond, by Payi ng Agent. No later than three Business Daya immediately preceding each date on which a payment of principal of or interest on the Bonds is due, the City, from moneys in th.e Bond Account, shall deposit monei•e with the Paying Agent in Ml amount sufficient to pay the principal of and interest on the Bonde due on
such date. The Paying Agent shall usa the moneys eo deposited
with it to pay the principal of and interest on the Bonds when due.
Sec ti on 6. Fo rm of Bonds. The 6onds shall be in substantially the form set
forth in Appendix A hereto with aucb changes thereto, not incomistent herewith, 81
may be necessary or desirable and approved by the olF.dals of the City executing the
same (whose manual or facsimile signatures there,,, shall comtitute conclusive
evidence of such app.roval). All covenants, stat.. u1ents, representatioru1 and
agreements con tained in the &nds are hereby appl'oved and adopted 81 the
covenants, statements, repreeentations and agreements of the City. Although
attached as appendices fo r the convenience of the reade r , Appendix A ill an integral
part of this Ordinance and are incorporated her ein aR if set forth in full in the body
of this Ordinance.
Section 7. Exe cut ion of Bonds. The Bonds shall be executed in the name
11nd on behill of the City with the manual or facsimile signature of the Mayor, sh all
bear a manual or facsimile of t.he seal of the City and shall be attested by the
manual or faceimilr signature of the City Clerk of the Council, all of whom are
hereby authorized and directed to prepare and e xecute the Bonds in accor dance
"~th the requirements hereof. Should any officer whose manual or facei.inile
signature appellI1i on the Bonda cease to be such officer before delivery of any Bond,
such manual or facsimile signature shall nevertbelen be valid and sufficient for all
purposes. When the Bond s havo been duly executect, :he offi cers of t 1ie City are
authorized t.o, and sholl, deliver the Bonda to the Pllying Agent for autuentication.
No Bond shall be secured by or titled to the benefit of this Ordinance, or shall be
valid or obligatory for any purpose, unless the certificate of authentication of tlie
Paying Agent has been manually executed by an authorized signatory of the Paying
Agent. The execut.id certificate of authentication 01 Iha Paying Agent upon any
Bond shall be conclusive evidence, and the only competent evidence, that such Bond
has been properly authentkated and delivered hereunder.
Section 8. Registration o f Bonds in Regis l rRtio n Books Maintaine d by
Pnying Afent . The Paying Agent shall maintain registration booka in which the
owner ship, transfer and exchnnge of Bonds shaU bt, recorded. The person in wbo•e
name any Bond shall be registered on such regi· 'ration book shall be deemed to be
11-,e abeolut.e owner thereof for all purposes, whether or not payment on any Bond
•l ,lJ be over due, and ne.itber the City nor the Paying Agent shall be a.ft'ected by any
m,,ice or other information to the contrnry.
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Section 9. Transfer and Exchange o f Bonds. The Bonds may be transferred or exchanged at the principal office of the Pnying Agent in the city identified in the definition of Paying Agent in the Section hereof Litled "Definitions" or at such other office of the Paying Agent designa' ;cl by the Paying Agent for such purpose for a like aggregate principal amount of Bonda of other authorized denominations of the same maturity and interest rate, upon payment by the transferee of a reasonable transfer fee established by the Paying Agent, together with any tax or governmental cliarge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith. Upon
surrender for transfer of any Bond, duly endorsed for transfer or accompanied by an
assignrnont 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 transferee a new Bond. Notwithstanding any other provision
hereof, the Paying Agent shall not be reqwed to trantfer any Bond (i) which ;JI
scheduled to be redeemed in whole or in part between the Lusiness Day
immediately preceding the mailing of the notice of redemption anrl the redemption
date or (ii) between the Record Date for any Interest Payment Date and such
Interest Payment Date.
Section 10. Replacement of Lost, Destroyed or Stolen Bonds. If any
Bond ahall become Joel, 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 shall execute and the Paying Agent shall authenticate and deliver a
r,,placement Bond upon the Owner 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 theft, (c) an indemnity to the City and
the Paying Agent with respect IQ the Bond lost, destroyed or taken, and (d) payment
of the cost of preparing and executing the new Bond.
Section 11. \!reation of Accounts; Initial Credits to Accounts.
(a) Creation of Account,. There ia hereby established the B~ud
Account and the Project Acccunt. The foregoing accounts shall be
maintained by the City in accordance with the provisions of this
Ordinance.
(b) Initial Credit, to Account,. Upon payment IQ the City of the
purchase price of the Bonds in accordance with the Bond Purchlllle
Agreement, the Bonds shall be delivered IQ, or us directed by, the
Underwriter and the proceeds received by the City from tlw sale of
th.e Bonds shall be applied as a supplemental appropriation by the
City, as follows:
(i) to the Bond Account, the accrued interest on the Bonds from
the dated date thereof IQ the date of iaauance, if any; and
(ii) to the Project Account, the remaining proceeds of th.e Bonds .
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Section 12. Investments. Proceeda of the Bonda deli~ered t.o the City • pursuant t.o the Section hereof titled "Creation of Accounts; Initial Credits t.o Accounts," moneys on deposit in the Bond Account and any moneys held by the Paying Agent with respect t.o the Bonds shall be inves ted in Permittsd Investments, provided that the investment of such moneys shall be subject to any applicable restrictions set forth in the Tu Letter of Instructions and in the "Tax Compliance Certi.fi.cate• or similar certificate delivered by the City in connection with the issuance of the Bonds that describes the City's expectations regarding the use and investment of proceeds of the Bonds and other moneys and the use of the Project.
Section 13. Variou. Findinrs, Determinations, Declarations and
Covenant.. The Counc:il, having been fully iz,fonned of and having
considered all the pertinent facts and circumstances, hereby finds,
determines, d eclares and covenante with the Owners of the Bonds
that:
(a) vote.r approval of the Ballot Question was obtained in
accordance with all applicable provisfons oflaw;
(b) it is in the best interest of the City and its residents that the
Bonds be authorized, sold, issued and delivered at the time, in the
manner and fo r the purposes provided in this Ordinance;
(c) the issuance of tbs Bonda will not cause the City to exceed its •
debt limit unde r applicable State law;
(d) the OTC Blanket Letter of Representations entered into with
OTC will govern the book entry registration system fo r the Bonds;
and
(e) the issuance of the Bonds and all procedures undertaken
incident theret.o are in full compliance and conformity with all
applicable requirements, provisions and limitations prescribed by
the Charter, the Constitution and laws of the State, including 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.
Secllon 14. Federal Incom e Tu Covenant.. For purposes of ensuring
that the interest on the Boode is and remains excluded from gross income fo r
federal income tax purposes, the City heroby covenants that:
(a) Prohibited Action,. The City will not use or permit the use
of any proceeoa of th.a Bonda or any other funds of the City from
whatever aou.rce derived, directly or indirectly, to acquire any
eecu:itiea or obligations and ehall not take or permit to be taken any
other action or actions, which would cause any Bond to be an
"wbitrage bond" within tho meaning of Soction 148 of tho Code, or •
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(b) would otherwise caUBe the interest on any Bond to be includible in gross income for federal income t.ax purposes. Affir mative Action,. The City will at all times do and perform all acts permitted by law that are necessary in order to assure that interest paid by the City on the Bonds shall not be includible in gross income for federal income tax purposes under the Code or any other valid provision of law. 1n particular, but without limitation, the City represents, warrants and covenants to comply
with the following rules unless it receives an opinion of Bond
Counsel stating that such compliance is not n.ecesaary: (i) gross
proceeds of the Bonds and tho Project will not be used in a manner
that will cause the Bonde to be COD8ider ed "private activity bonds"
within the meaning of the Code; (ii) the Bonda are not and will not
become directly or incii,,ectly "federally guaranteed"; and (iii) the
City will timely file an Internal Revenue Service Form 8038-G with
respect to the Bonds, wruch shall contain the information required
to be filed punuant to Section 149(e) of the Code.
(c) Tax Letter of In,truction,. The City will comply with the
Tax Letter of Inatruction.s delivered to it on the date of isauance of
the Bonds, including but not limited by the provisiona of the Tax
Letter of Inatructiona regarding the application and investment of
Bond proceeds, the use of the Project, the calculationa, the deposits,
the disburaements, the inveabnents and the retention of recor ds
described in the Tax Letter of Instructions; provided that, in t he
event the Tax Letter of lnatructiona are superseded or amended by
new Tax Letter of Inatructiona drafted by, and accompanied by an
opinion of, Bond Counsel atating that the use of the new '!'ax Letter
of Inatruct,ons will not cause the interest on the Bonds to become
includible in gross income for fede r al income tax purposes, the City
will thereafuir comply with the new Tax Letter of Inatructiona.
(d) Deaignation o f Boncu a, Qualified Tax Exempt
Obligation,. The City hereby designates the Bonds as qualified
tax exempt obligations within the meaning of Section 266(bX3) of
the Code. The City covenant.a that the aggregate face amount of all
tax exempt governmental obligations defined in Section 141 of the
Code or qualified 601(cXS) bonds definl':i in Section 146 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 tl:ian $30,000,000
during calendar year 2009. The City recognizes that such tax
exempt obligations include notes, leases, lollllll and warrant.a, as
well as bonde. The City further recognize■ that any bank, thrift
institution or r· · 0 r financial institution that owns the Bonde will
rely on the City . ,esignation of the Bonds aa q ualified true exempt
obligation, for the purpose of avoir'Jng the loss of 100% of any
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othern~se a,•ailable interest deduction attributable to such • institution's tax exempt holdings. Section IS. Defeasan ce. Any Bond shall not be deemed to be Outstanding hereunder if it sball have been paid and cancelled or if nefeasance Securities shall have been deposited in truat for the payment thereof (whether upon or prior to the maturity of auch Bond, but if such Bond is to be paid prior to maturity, the City shall have given the Paying Agent irrevocable directions to give notice of
redemption as required by this Ordinance, or such notice shall have been given in
accordance with t.h.is Ordinance). In computing the amount of the deposit described
above, the City may include the maturing principal of and interest to be earned on
the Defeaaance Securities. If leas than all the Bonds are to be defeued pu.nuant to
t.h.is Section, the City, in ita 110le discretion, may select which of the Bonds shall be
def eased.
Notwithstanding anything herein to the contrary, in the event that the Bond
Insuran.ce Policy is issued and principal and/or interest due on the Bonds ia paid by
the Bond Insurer pu.nuant to the Bond lnaurance Policy, the Bonds shall remain
Outstanding for all purpoees, not be defeaeed or otherwise satisfied and not be
considered paid by the City, and all covenants, agreements and other obligations of
the City to the Owners shall continue t,o exist and shall run to the benefit of the Bond
Insurer, and the Bond Insurer shall be aubrogated to the rights of such Owners.
Section 16. Eventa of Default. Each of the following events constitutes s.n •
Event of Default:
(a) Nonpayment of Principal or lntere,t. Failure to make any
payment of principal of or interest on the Bo nds when due.
(b) Breach or Nonperformance ofDutie,. Breach by the City of any
mate,ial covenant set 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 aft.er receipt by the City
Attorney of written notice thereof from the Paying Agent or from the
Owners of at least 1 0% of the aggregate amount of the Bond
Obligation, provided that such 60-day period shall be extended so
long as the City has commenced and continues a good faith effort to
remedy euch breach or failuro.
(c) Bankruptcy or R eceluerthip. An orde r of decree by a court of
competent jurisdiction declaring the City bankrupt under federal
bankruptcy law or appointing a receiver of all or any mete.rial
portion of the City's a.aeeta or revenuea ie entered with the consent
or acquiescence of the City or is entered without the consent or
acquiescence of the City but is not vacated, discharged or stayed
within 30 days after it is entered.
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Section 17. Remedies for Events of Default . {a) Renu1dle•. Upon the occurrence and continuance of any Event of Default, the 0wners of not less than 26% of the aggregate amount of the Bond Obligation, including, without limitation, a truetee or trustees therefor may proceed against the City to protect and to enforce the rights of tl-.e any Owner9 under this Oniinance by mandamus, iajunction or by other suit, action or special proceedinge 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 home by euch Bond;
(ii) for t!ie epecific performance of any covenant contained herein;
(iii) to eajoin any act that may be unlawful or in violation of any
right of any Owner of any Bond; (iv) for any other proper legal or
equitable remedy; or (v) any combination of such remedies or ae
otherwise may be authorized by applicable law; provided, however,
that acceleration of any amount not yet due on the Bonde according
to their terms shall not be an available remedy. All such
proceedings at law or in equity shall Ix. instituted, had and
maintained for the equal bene fi t of ell Owners of Bonds then
Outstanding.
{b) Failure To Punue Re!Mdie• Not a &kaH; lliglat•
Ci,mu!atfo~. The failure of any Owner of any Outstanding Bond to
proceed in accordance with subse~t!~•· '.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 (o r trustee therefor) ia in addition and is cumulative to any
other right or privilege, and the exercise of any right or privilege by
or on bet.alf of any Owner aball not be deemed a waiver of any other
righ t or privilege of such Owner .
{c) Bond Iu.urer Thlrd-Pt:U-ty Beneficiary; Right To Control
Renu1diu. In the event that the Bond Insurance Policy ia issued
and to the extent that this Oniinanco confers upon or giv es or
grants to the Bond Insurer any right, remedy or claim under or by
reason of this Ordinance, the Bond Insurer is J.ereby explicitly
recognized as being a third party beneficiary b<1"-eunder and may
enforce any s uch right, remedy or claim conferr.<I, give.n or granted
hereunder. Upon the occurrence and co ntinuan.11 of an Event of
Default, so long as it is not in default of it~ obligations under the
Bond Insurance Policy, the Bond Insurer shiill be entitled to control
and direct the enforceme nt of all rights and ramediee granted to the
Owners under this Ordinance and pUr9uant to State law .
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Section 18. Amendment of Ordinance. (a) Amendment, Permitted Without Notice to or Consent of Owner,. The City may, wit.bout the collllent of or notice to t.he Owners of the Bonda, adopt one or more ordinance• amending or supplementing this Ordinance (which ordinances shall the.reafter become a part h ereof) 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 incomistent provision of this Ordinance;
(ii) to subject to this Ordinance or pledge to the payment of the
Bonda additional revenues, propert. 11 or collateral;
(iii) to ill.8titute or terminate a book entry registration system for
the Bonda or to facilitate the designation of a s ubstitute
securities depository with respect to such a system;
(iv) to maintain the then existing or to sec ure a higher rating of
the Bonda by any nationally recognized securities rating
agency; or
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(v) to make any other change that does not materially adversely
affect the Owners of the Bonds. •
(b) hiun.dnunt, &quiring Notice to and Con,ent of Owner,.
Except for llDll!ndments 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
consen ts required therefor, shall become a part hereof); 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 t.he written coment of the Owner of s uch Bond: (A) a change
in the ma~urity of such Bond; (B) a reduction of the interest rate on
such Bond; (C) a change in the terms o f redemption of such Bond;
(D) a delay in the payment of prin.cipal of or interest on s u ch Bond;
(E ) a reduction of the Bond Obligation the cono~nt of the Owners of
which is required for an amendment to this Or,unal'\ce; o r (F ) the
establishment of a priority or preferen ce for the p'\Yfflent of any
amount due with respect to any other Bond ove · :.uch Bond.
(c) Procedure for Notifying and Obtaining Coment of
Owner,. Whenever the consent of an Owner or Owners of Bonda is
r equired under aubeection (b) of this Section, the City s hall mail a
notice to s u ch Owner or Owners al their addresses a a set forth in
the registration books maintained by the Paying Asent and to the •
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Underwriter, which notice shnll briefly describe the proposed amendment and state that a copy of lhe runendment is on file in Lhe office of the City for inspection. Any consent of any Owner of any Bond obtained with respect t o an runendment shall be in writing and shall be final and not subject to withdrawal, rescission or modification for a period of 60 days after it is delivered to the City unless another time period ia atated for such purpose in the notice mailed pursuant to this subsection.
Co n ,en t of the Bond ln•urer in Addition to C0111ent of
Own.en . In the event that the Bond Insurance Policy is issued, the
Bond Insurer's consent shall be required in addition to the consent
of Owners, when required, for the following purpoaes: (i) execution
and delivery of aby supplemental Ordinance or any amendment,
supplement or ch11nge to or modification of this Ordinance;
(ii) removal of the Paying Agent and ,election and appointment of a
succeaaor; and (iii) initiation or approval of any action not deacribed
in clause (i) or (ii) above which require& the consent of Owners:
Section 19. Ap point me nt a nd Dut ies of Paying Agent. The Paying
Agent identified in the Section hereof titled "Definitions" is hereby appointed as
paying agent, registra:r and authenticating agent for the Bonds unleaa and until the
City removea it as such and appoints a succeaaor Paying Agent, in which event such
s uccessor shall automatically succeed to the duties of the Paying Agent hereunder
Md its predecessor shall immediately turn over all ita records rega:rding t.he Bonds
to auch aucceaaor. The Paying Agent shall agree to perform all duties and to take
all actions aasigned to it hereunder in accordance with the terms hereof.
Section 20. Approval of Rela ted Docume nts. The Council hereby ratifies
and approvea the distribution and use in connection with the offering of the Bonds
of the Preliminary Official Statement relating to the Bonds; authorizes and directs
the pre paratic•n of, And a u thorizes and directs the execution by the Mayor of an
Official Statement for use in connection with tb.e sale of the Bonda in substantially
the form of the Preliminary Official Statement, with such changes therein, if P.ny,
not inconsistent herewi th , as a:re approved by the Mayor (whose eignature thereon
shall constitute conclusive evidence of such approval); and for a period of ninety
days following the adoption of this Ordinance, th• Sale Delegate is authorized to
execute the Commitment, if any, the Sale Ce:-.:i.ficate and the Bond Purchase
Agreement. The appropriate officers and officials of the City a:re hereby authorized
and directed to execute an undertalcing to facilitate compli11nce with Securities and
Exchange Co mmission Rule 16c2-12 (17 C.F.R. § 240.15c2-12, the Paying Agent
Agreement, a "Tax Compliance Ce rtificate• or simila:r certificate describing the
City's e xpectations regarding the use and investment of proceeds of the Bonde and
other moneys and the us e of the Project, an Internal Revenue Service Form 8038-G
with respect to the Bonds and all ot.her ducuments and certifica1.es necessary or
desirable to effectuate the issuance or administration of the Bonde, the investment
of proceeds of the Bonds and the transactions contemplated hereby .
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Section 21. Bond Insurance Detennination . The Council hereby delegates to the Sale Delegate the authority to determine whether or not the Bonds • will be secured by the Bond Insurance Policy and the terms of any agreement with the Bond Insurer 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 r ealized by the City through the issuance of the Bond Insurance Policy when compared to the premium to be paid to the Bond Insurer for the issuance of the Bond I nsurance Policy.
Sec tion 22. Events Occurring on Days That Are Not Business Day,.
Except as otherwise specifically provided herein with respect to a particular
payment, event or action, if any payment to i;q made hereunder or any event or
action to occur hereunder which, but fo r this Section, is to be made or is to occur on
a day that is not a Business Day, such pa,ment, event or action shall instead be
made or occur on the next succeeding day that :. a Business Day with the same
effect as if it w1ts made or occurred on the date on which it was originally scheduled
to be made or occur.
Section 23. Limitation of Actions. ln accordance with Section 11-57-212,
Colorado Revised Statutes, no legal or equitable action can be brought with respect
to any legislative acts or proceedings in connection with the authorization of the
Bonds more than 30 days after the authorization of such securities.
Section 24. Ordinance is Contract with Owners of Bonds and
Irre p ealable. Aft.er the Bonds have been issued, this Ordinance s hall 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 t.o the Bonda ahall be fully
paid, satisfied and discruirged and all other obligations of the City with respect t.o
the Bonds shall have been sat isfied in the manner provided he rein.
Section 25. Beadings. The beadings t.o the varioua sections and subsections
t.o this Ordinance have been inserted solely fo r the convenience of the reader, are
not a part of trus Ordinance and shall not be used in any manner t.o interpret Uus
Ordinance.
Sec tion 26. Severability . It is her eby expressly declared that all provisions
hereof and their application are intended to be and are severable. ln order to
impleme nt such intent, if any provis ion h ereof or the application thereof is
determined by a court or administrative body to be invalid or unenforceable, in
whole or in part, such determination shall not affect, impair or invalidate any other
prc,1sion hereof or the application of the provision in question t.o any other
situatio.,; and if any provision hereof or the application thereof is deterrr;oed by a
court or administrative body LO be valid 01 e nforceable only if its application is
limited, its application shall be limited as r equired ta most fully impleruent its
purpose.
Section 27. Repeal of Inconsistent Ordinances, Resolutions, Bylaws, •
Rules and Orders. All ordinances, resolutions, bylaws, rules and orders, or parts
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I.hereof, I.hat are inconsistent with or in conflict "~th this Ordinance, are hereby repealed to the extent of such inconsistency or conflict. Section 28. Ratification of Prior Actions. All actions heretofore taken (not inconsistent with the provisions of this Ordinance, the Act or the Ballot Question) by the Council or by the office rs 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. Thia Ordinance shall become e ffective thirty
days after publication following final passage.
Introduced, read in full, and paHed on first reading on the 4th day of May , 2009.
Published as a Bill for an Ordinance in the City's official newspaper on the s• day of
May, 2009.
Published as a Bill for an Ordina~e on the City's official website beginning on th.e
6th day of May, 2009 for thirty (SO) days.
Read by tit le and passed on final reading on the ts• day of May, 2009.
Published by litlc in the City's officia l newspaper as Ordinance No._, Series of 2009, on
the 22nd day of May, 2009 .
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
l , Loucrishia A. Ellis, City Clerk of the City of Eng lewood, Colorado, hereby certify that U1e
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No.__, Series of 2009.
Loucrishia A. Ellis
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ORDINANCE NO. SERIES OF 2009 BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER McCASI.IN AN ORDINANCE OF THE CITY OF ENG LEWOOD AUTHORIZING AND
APPROVING THE LEASE-PURCHASE OF CERTAIN EQUIPMENT FOR
CITY DEPARTMENTS ANO PROVIDING DETAILS IN CONNECTION WITH
THE LEASE-PURCHASE TRANSACTION.
WHEREAS, 1he City of Englewood. Colorado (1he "City'"), is o home rule municipality
of the State of Colorado (1he "S1a1e") duly organized and operating under the Home Rule Chaner
of 1he City (the '"Chan er'') and the constim1ion and laws of the Slate; and
WHEREAS, pumiant 10 Section 30 of the Chaner, the City Council of the Ci1y (the
.,Council'") has all municipal legislative powers as conferred by general law, except as pn>Vlded
by the Chaner; and
WHEREAS, lhc Council has detcnnincd 1h01 ii is necessary 10 acquire cenain police,
infonnation 1cchnology and firefighting equipment including, but 001 limited 10, self contained
breathing apparati and compressed air cylinders (the ·'Fire Depanmcn1 Equipment"), voice over
internel protocol for phone communications and related operating software, desktop computer
replacemcn1. mobile data terminals and Ul.:tical veslS (1he "Information Technology and Police
Depanmenr Equipment") (the Fire Depamnenl Equipment and the lnfonnalion Technology and
Police Deparunen1 Equipment being collec1ively referred to as the '·Equipmenlj, and
WHEREAS, pursuant to Section 3 I-IS-101 of lhe Colorado Revised Statutes, the City
has 1he power 10 lease-pun:hAsc prnonal propeny and the Council desires 10 spread lhe cos1 of
acquiring the Fire Oepanmcn1 Equipment, over a period not 10 exceed live ycan, and the
Information Technology and Police Depanmenl Equipment. over a period 00110 exceed three
years, through the lease-purchase of such equipment; and
WHEREAS, the Cily and CAfCo Leasing LLC, a Colorado limited liability Co mpany
(1he ·•Lessor'") have previously entered into a Master Equipment Lease/Purchase Agrccmenr (lhe
"Master Lease'") for the purpose of establishing a continuing relationship be1wcen the panics 10
facilitate the leasing and acquiring of certain property upon lhe terms and conditions set fonh by
the pan ies in subsequent IC3$CS; and
WHEREAS, the Cily hns received a propoSlll from Stifel Nicolaus & Company,
lncorpomred 10 effect the lcnsc-purchasc of 1hc r:quipmen1 at a nel effective role not in excess of
4. 75% per annum, which ralC is 10 be detem1ined nl the time of the closing on the transuc1ion;
nnd
WHEREAS, punuanl to the Master Lease, the details of the 1111nsacuons are more fully
set fonh in Schedules end Leases as defined in 1he Master Lease (the "Lease Agreements"), and
the finnncial obliga1ion of the City under the Lease Agreements shall constitute currently
budgeted expenditures of lhe Ci1y; and
\\ 1-!EREAS, the Council is de,1rous of authorizing and d1rccung the transaction dcscnbcd abcl\'e: NOW, THEREFORC, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. Approval of Lease Purchase Terms. The Ciry Council hereby approves the lease-purchase of (i) the Fire Oepanmenl Equipment fo r the amc,unl not 10 txcecd $330,000, with monthly payments not to exceed $6,SOO over annual terms which shall not exceed live years
and (ii) the lnfonnation Technology and Police Ocparunent Equipment for the amount not to
exceed S625,000, with monthly payments not to exceed S20,000 over annual terms whi~h shall
not exceed three years. The City Council hereby delegates to the Mayor, or in the ab:;cncc
thereof, the Mayor Pro Tern, the authority to determine the net e'~ectivc rate for the lcase-
purchases, which rate shall not be in excess of 4 . 7S% per annum r .id the final amounts of the
Lease Agrccmcnts.
S,ction 2. Approval of Lust A&r«ments. The Lease Agreements, in substantially the
form and with substantially the content presented to the City, arc in all respects approved,
authorized and confirmed.
Section 3. Execution and Delivery of Documents , The Mayor or, in the absence
thr.rcof, the Mayor Pro Tern is hereby authorized and directed to ex ecute the Lease Agreements,
and \he signature of the Mayor or Mayor Pro Tern shall conclusively delerm.ine acceptance of the
linal form and content oflhe Lease Agreements and the valid execution of the Lease Agreements
by the City. Additionally, the Mayor, 01her officials and employees of the Ci1y arc hereby
au1horized and directed 10 exe;u1e and delivtr for and on behalf of the City any and all additional
agreements, cenilicatcs, documents and other papers and to perform all other acts tha1 they may
deem necessary or appropria1e in order to implement and carry out Ile transaction authorized and
contemplated by this Ordinance, including but not limi1ed to an ln1cmal Revenue Service Form
8038-0.
S.ction 4. Decluatlons and flndrnas. The City Council hereby detcnrunes and
declares that the respective rental payments under the Lease Agreemcnls (lhe "Ren1al
Paymen1s") represent the fair value of the use of the respective Equipmcn 1, and that the Purchase
Price (as defined in the Lease Agreements) represents the fair purchase price of the respective
Equipment. The City Council hereby determines and declares that 1hc Rental l'ayn,ems do no1
exceed a reasonab le amoum so as 10 place lhe Ci1y under an cconomic or practical compulsio n to
appropriate moneys to make payments under Mc Lease Agreements or 10 exercise 11r option to
purchase the Equipment punuam 10 1he Lr,11se Agreements. ln making such de1ermin..1ions, the
C11y Council has given considera1ion to lhe, ..r:cnl markel value of the Equipmenl, the cost of
acquiring the Equipment, the option of the City to purchase the Equipmen1, and the expected
cvenlWII vesting of full litle 10 lhe Equipmcnl in the City. The City Council hereby determines
and declares that the dura1ion of 1he Lease Agreements, including all optional renewal terms.
authorized under 1his Ordinance. docs not exceed the weighted avemge useful life of the
Equipm~-nt.
Section 5. Bank-Qualln ed Dmrmlnatlon. The Ci1y hereby designates 1hc respective
Lease Agreements as "qualified tax-exempt obligations" for purposes ofScc1ion 26S(bX3) of the
lnlcmnl Revenue Code of 1986, as amended,
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• ~. Obllg11loos of th• CJty. No pro,~sion of this Ordinance or the Lease Agreements shall be constNed as creating or consltlutiog a general obligation or a multiple-fiscal yell! direct or indirect indebtedness or other financial obligation whatsoever of the City nor a llltlndatory payment obhga1ion of the Ci ty in any ensuin~ fiscal yw beyond any fiscal year during which the Lease Agreements shall be in clTect. ~. R1tlficatl.oo of Prior Act io n, .. All actions heretofore taken (not inconsistent
11i1h the provisions of this Ordinance) by the City Council or by the offic= and employees of
the C11y regarding the acquisition or lca,e-purcbase of the Equipment, or directed toward
s111isfac1ion of the City's obligations under the LcaJc Agreements, are hereby ratified, approved
and confirmed.
~-SevtrabiUty. It is hereby expressly declared that oil provisions hereof and
their application are intended to be and arc severable. In order 10 implement such intent, if any
provision hereof or the application thereof is detcnnined by a court or administrative body to be
invalid or unenforceable, in whole or in pa,1, such detenninauon shall not affect, impair or
invelidate any other provision hereof or the application of the provision in question 10 any olhcr
situation; and if any provision hereof or the application thereof is determined by a court or
administrative body h> be valid or en forceable only if its application is limited, its application
shall be limited as rcquir d to mo11 fully implement its purpose.
Stttioo 9. Repuler. All ordinances, or pans thereof, inconsistent or in conflict
herewith an: hereby repealed to the extent only of such inconsistency or conflict.
• Section 10. Effective Date, The Ordinance shall be effccth·e thirty days after
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publication following final passage.
Introduced. read in full, and passed on fir&t reading on the 4th day of May, 2009.
Published as a Bill for an Ordinance in the City's official newspaper on Lies• day of May. 2009.
Published as a Bill for an Ordinance on the Cuy's official website beginning on the 6th day of
Mny, 2009 for thirty (30) days.
Read by title and passed on final reading on the 18" day of May, 2009.
Published by title m the Cny's official newspaper as Ordinance No._, Series of 200Q, on
the 22nd day of May. 2009.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, IAucrislua A. El;is. City Clerk of the City ofEngle,sood, Colorado. hereby ccnify that the • above and foregoing is a tnJc copy of the Ordinance passed on final reading and published by 1111c os Ordinance No._, Sencs of 200' Loucrislua A Ellis
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COUNCI L COMMUNICATI ON Date: Ag end a Item: Subj ect: May 16. 2009 11 a I Intergovernmental Agreements between the City and Arapahoe County Initiated By: I Staff Source:
Commum1y De, elopment Department Janet Grimmet~ Housing Finance Speclal,st
COUNCIL GOAL AND PREVIOU S COUNCIL ACTION
Council passed Ordinance No. 13, Series of 2006, that was modified by Amendment No. 1 dated
February 12, 2007 relating to participation in the U1ban County Entitlement Program for CDBG and
HOME funds for 2007 th1ough 2009; and, passage of Resolution No. 71, Series of 2008 supporting
Housing and Community Development that authorized submitting applications for 2009 CDBG
funding.
RECOM MENDED ACTION
Staff recommends Council approve a bill for an ordinance authorizing the execution of three
Intergovernmental Subgrantee Agreements between the Arapahoe Board of County
Commissioners and the City of Englewood for the 2009 Arapahoe County Community
Development Block Grant Program.
BACKGROUND, ANALYSIS, AND ALll:RNATIVES I DENTIFI ED
The Federal Community Development Block Grant (CD BG) Program provides grants to units of
local government and urban counties to meet housing and community development needs. The
objective of the Program Is achieved through projects develope d by the loca l government that are
designed to give priority to those act ivities that bene0t low• and moderate-income famil lc. Funds
are allocated by statutory formula to each entit lemen1 area. Arapahoe County is an appr , ·d
entidement area. The grant funds are distributed by Arapahoe (ounty to each partidpat11 ,1, city
w,th1n the county.
For FY W09, funds are approved to suppo rt the following projects:
1. $6 5,000 for the Homeowner Fix.Up Project to administer, monitor and provide grants 10
Improve the visual appearance of 15 low-income owner-occupied homes within
designated neighhorhoods in the City.
2. S&0,000 for Northwest Engle-.,ood Sidewalk Project Phase II to install approximately 4 blocks
of sidewalk m the northwest Englewood residentia l area along the easl side of South
Zu ni Street from West Eva ns south to Wes t Caspian Avenue .
3. $2 5,000 for the House of Hope Project to ass,st "1th s1affing for employees.
FI NANCIAL IMPACT The e~•sting employees in Community Development a,e available to ~dminister the projects and their salarles and benefits are part of the City's contribution. The City will utilize a po rti on of the CDBG funding from the Homeowner Fix-Up Project (est SS,000) 10 partially offset the costs of those salaries and benefits.
LIST OF ATTAC HMENTS
Proposed Bill for an Ordinance •
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B\' AUTHORITY ORDINA.'<CE NO . SERIES OF 2009 COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER ____ _ ABll.L FOR
AN ORDINANCE APPROVING AND AUTH ORIZIN G THE EXECUTION OF
THREE INTERGOVERNMENTAL SUBGRANTEE AOREEMEN'l'S (CDBO) FO R
THE YEAR 2009 BETWEEN THE ARAPAHOE BOARD OF COUNTY
COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council or the City of Englewood approved the cxeculion of an
lntcrgo\'ernmetllal Agreement between the City of Enalewood and Arapahoe County by passage
of Ordinance No. 13, Sen es of 2006, covenng the City's panicipalioo in the Anlpahoe County
COBO Entitl ement Program for fundi ng years 2007 through 2009; and
WHEREAS, the Englewood City Council passed Resolution 71, Series of 2008, supporting
Housi ng and Community Development that aut horized submitting an application for 2009 COBO
funding; and
WHERE AS, the project by the City of Eng lewood known as the "Homeowner Fix-Up
Project" bas been categorized as a housing rehabilitation projcel for low-income owner-occupied
homes within designated neighborhoods in the City; nnd
WHEREAS, 1he project by 1he City of Englewood known as 1hc "Nortl1wes1 Englewood
Sidewalk Project Phase 11" bas bc,:n categorized as a public infrastructure project, that will
install approxinmely 4 blocks of sidewalk in the northwest Englewo.xl residential area along the
easl side of South Zuni S1rcc1 from West Evans south 10 West Caspian Avenue; and
WHEREAS. 1he project fo r 1he House of Hope Project has been categorized as a public
service ac1ivi1y 10 ass ist with s1nffing fo r employees.
NOW, THEREFORE, BE rT ORDAINED BY THE CITY COUNCIL OF THE CITY O"
ENGLEWOOD. COLORADO. THAT:
~ The Subgrantee Agreement for the 2009 Arapahoe County Community
Dcvelopmcn1 l3lock Omni-Hon1co\\11er Fix-Up Project, attnchc-d hereto as Exhibit A, is hereby
acccplcd and approved by the Englewood Cny Council.
Section 2. TI1e Suhgrnntee Agreement for the 2009 Arapahoe County Community
Development Block Grant -Northwest Englewood Sidewalk Project Phase II, attached hereby as
Exlubit B, is hereby accepted nnd appro,·ed by the Englewood City Council.
~-TI1e Subgrantec Agreement for 2009 Arapahoe County Community Oevelopmem
Block Grant -House of Hope Projec1, attached hereto os Exhib11 C. is hereby accepted and
approved by the Englewood City Council.
Se<:tjon 4. Pursuan1 10 Anicle \I. Section 40, of the Englewood I lomc Ruic Chanc:r. the City • Council has detcmuncd 1hn1 Exh1bi1s A, Band C. auachcd 10 1lus Ordmancc, shall 001 be published because of their size. Copies ore available in 1he Office of 1hc Englewood Cily Cleek. Seclion 5. The Mayor and Cily Clerk nee hereby authorized 10 sign and a11cs1 snid Agreements for and on beha If of the C11y of Englewood. Colorado. Section 6. The City Manager shall be authorized to funher extend the subgrantcc agreements for the 2009 Arapahoe County Conummi1y Development Block Grant Program as needed.
Introduced, read in full, and passed on first reading oo the 18th day of May, 2009.
Published as a Bill for an Ordinance in the City's official newspaper on the 22"' day of May,
2009.
Published as a Bill for an Ordinance oo the City's official wcbsnc begiMing on lhc 20th day of
May. 2009 for thirty (30) days.
fames K. V,'uodword, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, L.oucrishia A. Ellis. City Clerk of the City of Englewood. Colorado, hereby certify that the
above and foregoing is a true copy of a B111 for an Ordinance, introduced, read in full, and passed on
fim reading on the 18th day of May, 2009.
Loucrishia A. Ellis
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• SU BGRANTEE A GREEMENT FOR ARAPAHOE COUN TY COMM UNITY DEVELOPMENT BLO CK GRANT FUNDS SU BG RANTEE: CIT Y OF ENGLEWOOD PROJ E CT NAM E: HOMEOWNER FI X-U P PROJECT NUM BER: ENHS 911
This Agreement is made by and between the Board of County Commi~ioners of the County of ~e.
State of Colorado, for the Community Development Block Grant Program in the Community Roourccs
Department (hereinafter referred to e~ the County) and the City of Englewood (hereinafter referred t as the
SubGrantcc) for the conduct of a Community Development Block Grant (CDBG) Project.
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as a,cnded,
and of the Cc,mmunity Development Block Grant (CDBG) Program under thls Title is the devclopnent of
viable urban communities, by providing decent housing, a suitable living environment and e:q,anding
economic opportunities, principal ly for low and moderate income persons.
The project by the SubGrantee known as the Homeowner Fix-Up Proj ect (Project) has been categoized as
a Housing Rehabilitation project and the SubGrantec will maintain documentation with the national
• objective ofl.ow/Moderate Income Housing activities.
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The SubGrantee may proceed to incur costs for the Project upon receipt of an official ''Notice to Proceed'
from the County.
JI . WO RK TO BE COMPLETED BY T HE SU BGRANTEE
The following provisions outline the srope of the work lo be completed:
The SubGranlee will utilize COBO funding to provide grants to income eligible homeowners for exterior
home improvements . The intent of the project is both to improve Englewood's existing housingstock, as
well as improve the visual appearance of deteriorated neighborhoods. Typical improvements may include
(but rue not necessarily limited to) paint, siding, windows, roofs, and xeriscaping,
A. Payment
It is expressly agreed and understood thnt the total amount to be paid by the County under this
contract shall not exceed $65,1100. Drawdowns for the payment of eligib le expenses shall be made
against U1e line item budgets specified in the Project Budget and in accordance with performance
criteria established in Section U-C. The parties expressly recognize tl1al the SubGrantee is to be
paid with CDBG funds received from Uie federal government, and that the obligation of the County
10 make payment to SubGrantee is contingent upon receipt of such funds. In the event that said
funds, or any !)3rl thereof, arc, or become, unavailable, Oien the County may immediately terminate
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or, amend tlus agreement To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantce beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and oth~1se available. Upon expiration of this Agreement, as identified by the deadline in Section II. C. 3. below, the SubGrantee shall 11'8llSfcr to the County any CDBG funds on hand at the time of expiration and any ac;counts receivable attn'butable to the use of CDBG funds . These transferred funds shall revert to the County and be utilized for other purposes.
B. Timcllnc
All Project activities will be completed by May 31, 2010 unless this Agreement is modified by
mutual agrCCJT1ent of the County and SubGrantee.
C. Performance Criteria
In ac;cordunce with the funding appli, !tion submitted by the Suourantee for the Project, the criteria
listed below arc to be met during the execution of the Project.
1. Quantifiable Goals:
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The SubGrantcc will provide grants to renovate the exterior of fifteen (I 5) owner
occupied homes to income eligible Englewood homeowners. Grants are not to exceed
S4,000 each, and will require a 20% match from each homeowner. •
All improvements funded under this grant are to be perfonned in compliance with
applicable local or industry codes and standards.
2. Community Impact:
Affordable housing-stability and housing quality
3. Quarterly Pcrfonnance Standards:
Juoe JO, 2009:
No requirements establishod.
September 30, 2009:
Market program, interview potential clients
December 31,2009:
Continue to market program, interview potential clients
Provide four (4) renovation grants
March 3),2010: •
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Interview potentia l clients Provide six (6) rcno,•ation grants ~3l.1Ql.Q; Provide five (5) renovation grants Cumulative total of fifteen (15) grants Complete all renovations funded by project Submit final drawdown and completion repon to County
D. Reportin g Requirements
1. Project reports will be due within fifteen days following the end of each calendar year
quarter (June 1 to September 30 report is due October 15; October I to Dcccmlx:r 31
report is due January 15; January I to March 31 report is due April 15; and the final
completion report is due May 3 J) until the Project is completed.
2. 1l1e official annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for the COBO Projects described herein arc detailed are due
annually. The last completed official annual audit report and/or Financial Statements
shall be due on May 31, and fo r four ( 4) years thereafter on May 31.
E. Labor S tandards (Davis-Bacon)
Project activities do not require compliance with federal labor standards (Davis-Bacon) as it is
exempt (i.e., public service acuvity, single family home rehabilitation, purchase of materials, or
other activity that has been dctcnnined exempt fi'om federal labor standards).
F. Lead Based Pain t Regulations
If the activity involves any construction, demolition, rehabilitation, or any activity related to a
building, ood the building was built in 1978 or prior, Lead Based Paint Laws and Regulations
apply, as established in 24 CFR Parts 35 and 570.608. If the SubGrantee docs not follow and
document Lead Based Paint Laws and Regulation compliance, the SubGrantee will not be el igible
for reimbursement.
G. Environmcntnl Re,•icw
Notwithstanding any provision of this Agreement, the parties hereto ngree and acknowledge that
this Agreemen t docs not constitute a commitment of funds or site approval, and thnt such
comm1tmcnt of funds or approval may occur only upon satisfactory completion of environmental
review nnd receipt by Arapahoe County of a release of funds fi'om the U.S. Department ofHousing
w1d Urbw1 Devel0pmenl under 24 CFR Part 58. 1l1e parties further agree that the provision of any
funds to the project is conditioned on Arapahoe County's detcnnination to proceed wi th, modify, or
cancel the project based on the results ofo subsequent environmental review .
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H. Uniform Relocation Act (URA) It has been detennincd that no action under tl1e Unifom1 Relocation Act (URA) is necessary. IU. RESPONSf8£LITIES OF THE SUBGRANTEE A. Federal Compllnnce The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all
provision., of the grant agreements received from the U.S. Department of Housing and Urban
Development (HUD) by the County. These include but are not limi ted to compliance with the
provisions of the Housing and Commwuty Development Act of 1974 and all rules, regulations,
guidelines and circulars promulgated by the various federal departments, agencies, administrations
and commissions relating to the CDBG Program. A listing of some of the applicable laws and
regulations arc as follows:
I. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of the Civil Rights Act of 1964;
4. Title Vlil of the Civil Rights Act of 1968;
5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and
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Executive Order I 1063;
7. Section 504 of the Rehabilitation Act of 1973; •
8. Asbestos guidelines established in CPD Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
I 0. Equal employment opportunity and minority business enterprise regulations established
in 24 CFR pan 570 .904;
11 . Section 3 ofU1e Housing and Urban Development Act of 1968;
12. Non-disaimination in employment, established by Executive Order 11246;
13. Lead Based Paint regulations established in 24 CFR Parts 35 and 570.608;
14. Audit requirements established in 0MB Circular A-133; and
I 5. Cost principles established in 0MB Circu lars A-87 and A-122.
16. Conflict of Interest:
(a) Applicability. In the procurement of property and services by participating
jurisdiction, State recipients, and subrecipients, the conflict of interest provision in
24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not governed by
24 CFR 85.36 and 24 CFR 84.42, the provisions ofU1is section apply.
'(b) Conflicts prohibilcd. No pezsons described in paragniph (c) of this section who
exercise or who have exercised any functions or responsibilities with respect to
activities assisted with CDBG funds or who are in a position to participate in a
decision making process or gain inside information with regard to these activities,
may obtain a financial interest or benefit from a CDBG-assisted activity, or have an
interest in any contract, subcontract or aweernent with respect thereto, or the •
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proceeds there under, either for themselves or those with whom ti1ey have family or business ties, dunng their tenure or for one year thereafter . ( c} Persons covered, The conflict of interest provisions of paragraph (b) of this secuon apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the parti .:ipatingjurisd iction, State recipient, or subrecipicnt which are receiving CDBG funds, (d) Exceptions: Threshold n:quin:ments. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b} of this section on a case-by-case basi.s when it determines that the exception will serve 10
further ti1e purpose of the CDBG Investment Partnership Program and the effective
and efficient administration of the participating jurisdiction's program or project ,
An exception may be considered only after the participating jurisdiction has
provided the following:
(l) A disclowre of the nature of the conflict, accompanied by an assurance that
there has been public disclosure of the conflict and a description of how ti1c
public disclosure was made; and
(2) An opinion of the participating jurisdiction's or State recipient's attorney
that the interest for which the exemption is sought would not violate State or
loc.al law.
(e) Factors to be coll!lidered fo r exemption. In determining whether to grant a requested
exception after the participating jurisdiction has satisfactorily met the requirements
of paragraph (d) cf this section, HUD will consider the cumulative effect of the
follow'.ng factors, where applic:able:
(I) Whether the exception would provide a significant cost benefit or an
essential degree of expertise to the program or project which would
otherwise not be available;
(2) Whether the perwri aff'cetcd is a member of a group or class of low income
persons intended to be the beneficiaries of the assisted activity and the
exception will permit such person to receive generally the same intc;csts or
benefits as are being mode available or provided to the group or class;
(3) Whether the affected person has withdrawn from his or her functions or
responsibilities, or the decision malong process with respect to the specific
assisted activity in question;
(4) Whether the interest or benefit was present before the affected person was in
a position as described in paragraph (c} of this section;
(5) Whether undue hardship will result eiti,er to the participating jurisdiction or
the person alfccled when weighed against the public interest served by
avoiding the prohibitr.d, conflict; and
(6) Any other relevant considcrauons.
(f) Owners and Developers,
(1) No owner, developer or sponsor of a project assisted with CDBG funds (or
officer, employee, agen~ elected or appointed official or consultant of the
owner, developer or sponsor) whether private, for-profit or non-profit
(including a community housing development organization (CHDO) when
acting as an owner, developer or sponsor) may occupy a CDBG -assi stcd
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affordable housing .nit in a projecL This provision docs not apply to an mdiVldual who receives CDBG funds to acquire or rehabihtatc his or her • principal residence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit as the project manager or maintenance worker. (2) Exceptions. Upon written request of II housing owner or developer, the participating jurisdiction (or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of paragraph (f) (1) of this section on a case-by-case basis when it detemtincs
that the exception will serve to further the pwposc of the CDBG program
and the effective and efficient administration of the owner's or developer's
CDBG--assisted project In detennining whether to grant a requested
exception, the participating jurisdiction shall consider the following factors:
(i)Whcthcr the person receiving the benefit is a member of a group
or class oflow-income persons intended to be the beneficiaries of the
assisted housing, and the exception will permit such person to
receive generally the same interests or benefits as arc being made
available or provide to the group or class;
(ii)Whethcr the person has withdrawn from his or her functions or
responsibilities, or the decision making process with respect to the
specific assisted housing in question;
(iii) Whether the tenant protection requirements of Sec. 92.2S3 arc
being observed;
(iv) Whether the affirmative marketing requirements of Sec. 92.351 •
arc being obser,ed and followed ; and
(v) Any other factor relevant lo the participating jurisdiction's
dctcnnination, including the timing of the requested exception.
Additionally, in accordance with 24 CFR Part S70, no employee, official,
agent or consultant of the SubGrantcc shall exercise any function or
responsibility in which a conflict of interest, real or apparent, would wise.
17. The SubGrantce caMot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or
Nonprocurement Programs.
B. Non-ApproprinLons Oausc
The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
monies for funding, a non-appropriation clause thst will protect itself, and the County from any
liability or responsibility or any suit which might result from the discontinuance of CDBG funding
for any reason. Because this SubGrun tee Agreement involves funds from a federal grant, to the
extent there is a conflict the funding provisions of this SubGrantcc Agreement, the federal grant and
the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to
any public worlc projects.
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C. Expenditure Restrictions All CDBG funds that :ire approved by HUD for cxpendirur under the County's grant agreement, includmg those that are 1dcnuficd for the SubGrantee's Projects and activities, shall be allC>Cllted to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the pro;ec1s and activities for which tl1e fu11ds are identified. 0. Agreement Changes
No projects or activ1t1cs, nor the amount allocated therefore, may be changed without approval by
the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if
required. Changes mUSl be requested m wriung and may not begin until a modification to this
Agreement is fully executed.
E. Direct Projeet Supervision and Administration
The SubGrantec shall be responsible for the direct supervision and administration of its respective
projects or activities. This task shall be accomplished through the use of the SubGrantee's ~,aff,
agency and employees. The SubGrantee shall be responsible fo r any injury to persons or damage to
property resulting from the negligent acts or erro rs and omissions of its staff, agents and employees.
Because the SubOrantee is responsible fo r the direct supervision and administration of its projects
or activities, the County shall not be liable or responsible for cost overruns by tl1e SubGnntec on
any projects or activities. The Cow1ty shall have no duty or obligation to provide any additional
funding to the SubGranlcc if its projects or activities cannot be completed with the funds allocated
by the County to the SubGrantee. Any cost ovcmms shall be the sole respo11S1llility of the
SubGrantce.
I. The SubGnmtec agrees that all funds allocated to it for approved projects or actiV1ties
shall be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved pu:poscs.
2. The SubGrantcc Df:,'l'CCS that the funds allocated for any approved projects or activities
shall be sufficient to complete sad projects or activities without any additional CDBG
funding.
F. ln dcmoit'y
To the extent allowed by law, the SubGnmtce shall indemnify and hold harmless tl1c County and its
elected and appointed officials, officers, employees and agents from and against anv and all losses,
damages, liabilities, claims, suits, actions or costs, including attorneys fcc.s, made, asserted or
incurred os a result nf any dnmagc or alleged damage to person or property occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising
out of or in any way connected with the Project or the performance of this contracL
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G. Bonding and Ins ura nce If the SubGranlee's projects involve constnict1on act. ,111es, any Contractor it uses for said acuvuies shall be required lo provide and maintain, until finru J~ccptance by the SubGrantee of all work by such Conlrllctor, the kinds and minimwn amounts ol UL "lllce as iollows: I. Comprehensive General Li ability: In the amount of not less than $1,000,000 combined single limiL Coverage lo include: a. Premises Operations
b. Products/Completed Operations
c. Broad Form Contractual Liability
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Personal Injury
h. Arapahoe County and the SubGrantce as Additional Named Insured
i. Waiver of Subrogation
2. Comprehensive Automobile Liability: In the amount of not less than S 1,000,000
combined sin gle limit for bodily injury and property damage. Coverage to include:
a. Arapahoe County and the SubGrantce as additional Named Insured
b. Waiver of Subrogation
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3. Employers Liability and Workers Compensation: The Conlractor shall secure and •
maintain employer's liability and Worker's Compensation Insurance that will protect
ii agai nst any 1111d nil claims resulting from injuries lo and death of workers engaged
in work under any contract funded pursuant to this agreement. Coverage to include
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject to
the following stipulations:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGranlec; it being the intent of the parties thut the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions" contain ed in any pol icy
including Arapahoe County as an additional named insured shall oot apply
to Arapahoe County, or the SubGrantee.
c. TI1e insuronce companies issuing the policy or policies shall have no
recourse against Arapahoe County, or the SubGrantee for payment of any
premiums due or for any assessments:. . · any form of any policy.
d. Any and all d eductibles co ntained in r ._v ;11surance policy shall be assumed
by and at the sole risk of the Contmcto,.
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5. Ccn1fi c11tc of Insurance: The Contractor shall not commence work under 3ny contract funded pursu3nt to this Agrecmcn1 umil he has subm,ucd to the SubGrhlllCC, l'CCCIVcd a·,proval thereof, certifica1cs of insurance showing that he has complied ,mh the foregoing insurance requirements. The SubGran1ee shall also subm,1 a copy of the Conu .cto~s cenificates of insurance 10 the County. 6. Notwi1hs1anding the provisions contained in th is paragraph (H) set fonh hcreinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The
SubGranlee undemands, however, tha1 the decision 10 waive or modify those
provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85, the following bonding requirements shill! apply 10 all
projecls exceeding the simplified acquisition threshold (currently $100,000):
I. A bid guarantee from each bidder equivalent to 5% of the bid pnce;
2. A performance bond on the part of the contractor for I Q00/4 of the contract price; and
3. A payment bond on the part of the contractor for I 00% of the contract price.
H . Records
The SubGrantee shall maintain a complete set of books and records docwneming its use of CDBO
funds and its supervision and administration of the Project. Records arc to mclude documentation
venfymg Project eligibility and national objeciive compliance, as well as financial and other
administrative aspects involved in performing th~ Project. The SubGrantec shall provide full
access to these books and records to the County, the Secretary of HUD or his designcc, the Office
of Inspector General, and the General Accounting Office so that complian ce with Federal laws and
regulations may be confirmed. The SubGrantee further agrees lo provide 10 the County upon
n:quest, a copy of any audit reports pcnaining 10 the SubGrantce's financial operations during the
term of this AgrcemcnL All records pertatning lo the Project are to be maintained for a minimum
of five years followmg close-out oflhe Project.
I. Reporting
The SubGrrntcc .:hall file all reports and other information necessary lo comply with applicable
Federal laws Jnd regulations as n:quircd by the County and HUD. Th.is shall include providing to
the County the information necessary to complete annual Performance Reports in a timely fashion.
J. Timeliness
111c SubGrantce shall comply with the quarterly performnnce standards established in Section 11-C
of this Agreement The SubGnmtee understands that failure 10 comply with the established
standards may lead to a cancel lotion of the Project and a loss of all unexpended funds.
K. Rcimbu•sc mcnt for Expenses
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The SubGrantee agrees that before the County can d1stribu1c any CDBG funds 10 11, the SubGrantcc • must submit to the Countys Housing and Communuy Devclopm ent Scmc:es Division documen1a1ion in the fonn required by that Division which properly and fully identifies the amount which the SubGrantee 1s requesting at that time. The County shall have ten {10) wo1icing days 10 rrview the request. Upon approval of the request, the County will distnl>ule the requested funds to the SubGrantee as soon as possible. L. Program Income
All program income directly derived from tl1e Arapahoe County Community Development Block
Grant Program received by the SubGrantce will be retained by the SubGl'lllltee and will be
dispersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all
program income directly generated from the use of CDBG funds will be remitted to the County.
M. Real Property
Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with
the scope and goals identified in Sections I and ll of thi s Agreement. Should the property in
question be sold or otherwise disposed of, or the approved property usage discontinued, the
SubGrantee shall adhere to the requirements of24 CFR Parts 84 or 85 {as applicable) regarding the
use and disposition of real property.
N. State and County Law Compliance
All responsibilities of the SubGranlce enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions, rules, and regulations.
O. Subcontracts
If subco111raclS arc used on the Project, the SubGrantec agrees that the provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Termination
This Agreement may be immediately suspended or terminated upon written notific:ition from the
County if U1c SubGrantec m31erially fails to comply with any tcnn of this Agreement. This
Agreement may also be 1enninatcd for convenience by mutual agreement of the County und the
SubGrantce.
Q. In the event that the Unit of General Loca l Government should wiU1draw from the County's
"Urban County" designation, this Agreement shall temiinatc as of U1e tennination date of tl1c
County's CDBG grant Agreement with HUD.
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R. The SuoGrantee certifies 1hat to the best of1ts knowledge and beli ef . I . l',o Federal appropna1ed funds have been paid or will be paid, by or on behalf of 11, 10 any person for influencing or aucmpling to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and 1hc extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
coopera1ive agreement; and,
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or emplo:,u of any
ageocy, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LU.,
'Disclosure Form to Report Lobbying," in accordance with its instructions.
S. Dlsallowanc e
If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the County to !he full extent of th e disallowancc.
T. Verifica tion of Lawful Presence
The SubGrantce shall be responsible for ensuring compliance with C.R.S. Section 24• 76.5-103 by
vcrifymg the lawful presence of all persons eighteen years of age or older who apply for any
benefits funded in whole or in part by the grant funds that are the subject of this Agreement
SubGrantee shall verify lawful presence in the manner required by the statute, a,,d shall provide
proof of compliance upon the request of the County.
IV. RES PONSIBI LITIES OF THE COUNTY
A. Administr ative Control
The Parties recognize and understand that tl1e County will be the governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds. Accordingly, the SubGmntec agrees that as to its projects or activities performed or
conduded under any CDBG agreement, the County shall have the nccessmy administrative control
re~uircd to meet HUD requirements.
8. Performance nnd Complinnce Mo nitoring
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The County's admm1s1r.111ve obligations to the SubGrantcc pursuant to paragraph A above shall be hmned to the performance of the lldmimstrntive tasks necessary to make CDBG funds available to • the SubGrantce and to provide Housing and Community Development Services sLBff whose Job 1t will be to monitor the vanous projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulallons. C. Reporti ng to HUD TI1e County will be responsible for seeing that all necessary reports and infonnation required of the
County are filed wilh HUD and other applicable Federal agencies in a timely fashion.
V. EXTENT OF THE AGREEMENT
This agreement, including any documents al1llched as exhibits which are hereby incorporated herein
by reference, represents the entire and integrated agreement between the County, and SubGrantee
and supersedes all prior negotiations, representations or agreements, either written or oral. Any
amendments lo this agreement must be in writing and signed by both the County, and SubGrantee.
If any portion of this agreement is found by a court of competent jurisdiction to be void and/or
unenforceable, it is the intent of the parties that the remaining portions of this agreement shal l be of
full force and effect.
VJ. NOTI CES
Notices to be provided under this Agreement shall be given in writing and either delivered by hand •
or c.::posited in the Uniu:d States mail with sufficient postage to the addresses set forth:
To the County: Arapahoe County Attorney
5334 S. Pnnee Street
Littleton, CO 80166
Ara1iahoc Colmty I-lousing and Communi ty Development Services
1690 W. Lilllcton Blvd., 11300
Lilllcton, CO 80120-2069
To the SubGrantee: City of Englewood
I 000 Englewood Pnn.·way
Englewood, CO 80 I I 0
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In Witness V.'hen:of, lhe Parties have caused this Agreement to be duly executed this _____ da~ • of 2009. ------------~
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SubGrantcc: City of Englewood
Signature James K, Woo dward
Mayor
Title
Board of County Comrnissionen
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Commissioners
Pursuant to Resolution #090191
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• PROJECT BUDG ET
COLUMN A COLUMNB COLUMNC COLUMN D
Projtcl ActMlla £,limllcd Total Cosl of CDBCF1111d1 Ot11er F,.uub C.Ommltttd
(sprtlr7 by Uot Item) ActMI)'
l'rojo:t-SIS,II00.00 iS,IIOOOO S10.000.00
Cranu: for EJ!terior A.a1ovntlons $10,000.00 S60.00000 S20.000,l'O
• TOTAL: m,000.00 165.00000 SJ0,00000
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• SUBGRA~TEEAGREEMENT FOR ARAPAHOE COU 'T Y COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBG RANTEE: CITY OF ENGLEWOOD PROJ ECT NAME : NORTHWEST ENGLEWOO D SCDEWALK PROJ ECT PHASE n PROJECT NUMBER: ENPF912
This Agreement is made by and between the Board of County Corrumssioners of the County of Anpahoe,
Stale of Colorado, for the Community Development Block Grant Pru,;rarn in the Community Resources
Oepanmenl (hereinafter refcm:d to as the Cowily) and the City of En1)cwood {hereinafter referred IO as the
SubGrantec) for the conduct of a Community Development Bloclc Grant (COBG) Projecl
I . PURPOSE
The primary objective of Title I of the Hou.sing and Commu.,ut>• Development Act of 1974, as amended,
and of the Community Development Block Grant (CDBG) Program under this Till-.: is the development of
viable urban communities, by providing decent housing, a suitable living environment and expanding
economic opportunities, principally for low and moderate income persons.
The project by the SubGrantee known as the Northwest Englewood Sidewalk Proj, t r ,~se ·: 1 'roject) has
been categorized as a Public Infrastructure project and the SubGrantce ·Nill mait, , ·, ,•~c,. --~ ~ation with
• the national objective of Area Benefit activities.
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The SubGrantee may pro.::ecd 10 incur oosl.'I for the Project upon receipt of an official ''Notice 10 Proceed"
from the County.
U. WORK TO BE COM PLETED 13\' TllE SUBGRANTEE
The follo wing provisions outline the scope of the work lo be completed :
111e SubGrantec will utilize CDBG funding to install or replace approximately 7,000 square feel of
sidewalk in a residential neighborhood located on the east side of South Zuni Street from approximately
Evans Avenue south 10 Caspian Place north of the Alternative High School, in Englewood, vilorado.
t Payment
It is expressly agreed and understood that the total amount to be paid by the County under this
eonlract shall nol exceed $60,000. Drawdowns for the payment of chgib le expenses shall be made
against the line item budgets specified in the Project Budget and in accordance with performance
criteria established in Section 11-C. The parties expressly recognize that the SubGrantee is to be
paid with CDBG funds received from tho federal govenunenl, and that the obligation of the County
to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said
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funds, or an)' part tli~-reof, are. or become. un3,•rulable, then the Count}' may 1mmcd1a1ely 1emnna1e or, amend llu s agreement. To 1hc extent C.R.S. § 29-1-110 1s applicable, any financml obligauun of the Coun1y 10 the SubGrantce beyond the currem fiscal year 1s also conungcnl upon adcqua1e funds bemg approprin1ed, budgeted and 01herwisc ava1lable. Upon cxp1rauon of this Agreement, as 1dentilied by the deadline in Section II. C. 3. below, the SubGrantcc shall transfer 10 01c County any CDBG funds on hand at the time of cxpiralion and any accounts recewable auributable 10 the use of CDBG funds. These transfem:d funds shall revert 10 the Coumy Md be ul1!1zed for other purposes.
B. Time line
All Project activiucs will be completed by May 31, 201r ~nlcss Gib Agreement is modified by
mutual agreement of the County and SubGranl"C.
C. Performance Criteria
In accordance with the funding application submitted by the SubGran1ee for the Project, the criteria
listro below arc to be met during the execution of the ProJed.
I. Quantif.able Goals:
The SubGranlec will utilize COBO fun ds lo instal l or replace approximately 7,000 square
•
feet of sidewalk in a residential neighborhood located on the cast side of South Zuni Strccl •
from approximately Evans Avenue south 10 Caspian Place north of the Alternative High
School, in Englewood, Colorado. All construction is 10 be performed in accordance with
applicable industry and local codes and standards, as well as the Amaricans ~ ilh
Disabilities Act (ADA).
2. Commu nity Impact:
Accessibility-increase public area access, increase pedestrian access
3. Quarteily Performance Standar
June 30, 2009:
No requirements established
Septcmlx.T 30. 2009:
Prc1>orc bid p~ckagc
Select contractor
December 31, 2009:
Begin construction and testing (depa1ding upon weather} •
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March Jl.2010; .:'onlinue construction and testing Moy31. 201u: Complete constrUction and testing Submit final drawdown and completion report lo County 0. Reporting Req ui rements
I . Project reports will be due within fifteen days followir.g ihe end of each calendar year
quarter (June l lo September 30 report is due October I 5; October l to December 31
report is due January IS: January I to March 31 report is due April IS; and the final
completion report is due May 31) until the Project is completed.
2. The official annual audit and/or Financial Statements for the SubGnmtcc in which both
revenues and expenditures for the CD Bu Projects described heroin are detailed are due
annually. The last completed official annual audit report and/or Financial Statements
shall be due on May 31, and for four ( 4) years thereafter on May 31.
E. Labor Standards (D avls-Bacoo)
Project activities require compliance with federal labor standards (Davis-Bacon). SubGranlee is to
contact Arapahoe County Housing and Community Development Services Division sliuf for
information regarding federal labor standards complinnee prior L bidding the Project. SubGrantcc
shall comply with all applicable federal labor stllndards.
F. Le nd Bnsed Paint Regulations
If the activity involves any construction, demolition, rehabilitation, or any activity related to a
building, and the building was buill in 1978 or prior, Lead Based Paint Laws and Regulations
apply, as established in 24 CFR Parts JS and 570 .608. ff tt.e SubGrantee does not follow and
document Lead Based Paint Laws and Regulation compliance, the SubGranlec will not be eligible
for reimbursement.
G. Enviro nmcntnl Review
Notwitl1standing any proviiiM of this Agreement, the parties hcrcto agree and acknowledge thal
this Agreement does nol coa.:titutc a commitment of funds or site approval, w1d lhnl such
commitment of funds or approval may occur only upon satisfactory corr.pletion of environmental
review and receipt by Arapahoe County of a release of funds from the U.S. Dcpartmcnl of Housing
and Urban Development under 24 CFR Part 58. The parties further agree thal the provision of any
funds to the project is conditioned on Arapahoe Coun-y's determination lo proceed with, modify, or
cancel tl10 project based on the results ofa subsequent environmental review.
H . Uni for m RcloCJ1tion Act (l' \)
II has been detennincd 1ha1 no ac11 on under lhe Umfonn Reloca11on Act (URA ) 1s necessary. • III. R£SPONSLBILITIES OF THE SUBGRANT EE A. Federal Compliance 1lle SubGranlee shall comply with all applicable federal laws, regulations and rcqu ircmenls, and all 1 rovisions of the grant agreements received from lhe U.S. Department of Housing and Urban
Developmcnl (HUD) by the Counly. These include but are not limited to compliance with the
provisions of the Housing and Communily Development Act of 1974 and all rules, regulations,
guidelines and circulars promulgated by lhe vario.s federal departments, agencies, administrations
and commission., relating to the CDBG Program. A listing of some of lhe applicable laws and
regulations RIC as follows:
I. 24 CFR Part 570;
2. 24 CFR Parts 84 and 8S ;
3. Title VI of lhe Civil Rig:ltS Act of I 964;
4. Titl e VIlI of the Civil Rights Act of1968;
5. Seclions 104(b) and 109 oftJ,c Housing and Community Developmcnl Act of 1974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and
Executive Order 11063;
7. Section 504 of the Rehabilitation Act of 1~73;
8. Asbestos guidelines established in CPD Notice 90-44; •
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
I 0. Equal employment oppor1Unity and minority business enterprise regulations established
in 24 CFR part 570.904;
11. Section 3 of the Housing and Utban Developmen1 Act of 1968;
12. Non-discriminauon in employment, established by Executive 0rdcr 11246 ;
13. Lead Based Pam1 reg •ations established in 24 CFR Parts 35 nnd S70 .608;
14. Audit requirements estaolished in 0MB Circular A-133; and
15. Cost principles established in 0MB Circulars A-87 and A-122.
I 6. Confli ct of Interest :
a) Applicability.
(I) In the pror;urcment of supplies, equipment, construction, and services by
lhe County and Ly the SubGrantee, the conflict of imcrest provisions in 24
CFR 85.36 and 24 CFR 84.42, respectively shall apply.
(2) In all cases not governed by 24 CPR 85.36 and 84.42, the provisions of
24 CFR 570.61 I (2) shall apply. Such cases include the acquisition and
disposition of real property and the provi sion of assistance by the County
or by its SubGrantecs to individuals, businesses, and other private entities
under elig1b1 c ac1ivities that authorize such assistance (e.g., rehabilitation,
prescrvatior .. and other improvements of private properties or facilities
pursuant to 14 CFR 570.202; or grants, loans, and other assistance to •
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c)
d)
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businesses, individuals, and other private entities pursuant to 24 CF R 570.203, 570.204 , 570.455 , or 570. 70 3 (i)) . Conflicts prohib ited. The general rule is that persons described in paraf,Taph (c) of this section who exercise or have exercised any functionr or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate: in a dec isi on-making process or gain inside information with regard to such activities, may obtain a fin .mci r~ interest or benefit from a CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, duri1 ,P, their
tenure or for one year thereafter .
Persons covered. The conflict of interest provisions of paragraph (b) 01
this section apply to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of the County, or any
designated public agencies, or of the SubGrant ee that are receiveing funds
under this part.
Exceptions . Upon the written request of the County, HUD may grant an
exception to the pro visions of paragraph (b) of this section on a case-by-case
basis when it has satisfactorily met the threshold requirements of (d)(l) of
this sec!ion, taking into account the cumu lative effects of paragraph (d)(2) of
this section .
( 1) Threshold requirements . HUD will consider n ~x ·c •!,O" mly after
the County has provided the following documentati on:
i. A disclosure of the nature of the conflict, accomparued by an
assurance that there has been publ ic disc losure of the conflict anu
a d~cription of how U1e public disclosure was made; and
ii. An opinion of the County's attom~ that the interest for which
the exemption is sought would not violate State or loca l law.
(2) Factors to be considered for exceptions. ln determining whether to
grant a requested exce µti on after the County has satisfactorily met the
requirements of paragr3ph (d)(l) of this section, HUD shall conclude that
such an exception will serve to further the purposes of the Ac and the
effective and efficient administration of the County's program or project,
taking into account the following factors, as applicable :
i. Whether the exception would pro vi • • a significant cost benefit
or an essential degree of e)(p ertis c th e program or project that
would otherwise not be avail ab le;
ii . Whether an opportunity was provid eo for open competitive
bidding or negotiation;
iii. Whether the person affected is a member of a group or class of
low-or moderate-income persons intended to be the
bene!idaries of the assisted activity, and the exception will
permit sucJ, person to receive generally the same interests or
benefits as are being made avai lable or provided to the group or
class;
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iv . Whether the affected person has withdrawn from his or her functions or responsibilities , or the decision making process with • respect to the specific assisted activity in question; v. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; vi. Whether undue hardship will result either to the County or the person affected when weighed against the public int eres t served by avoiding the prohibited co nflict; am.I
vii. A.uy other relevant considerations.
17. The SubGranlee cannot engage in a federal ly funded con tract with any ent ity
reg istered in the Lists of Parties Excluded From Federa l Procurement or
Nonp rocurement Programs.
B. Non-Appropriation s Clause
TI1e SubG rantee agrt;es that it will inclu de in every contract it enters, which rel ies up on CDBG
monies fo r fun ding, a non-appropri at ion clause th at wi ll pro tect itself, and the County from any
liabi lity or responsibility or any suit which might result fi-om the disco ntinuance of CDBG funding
fo r any reason. Because this SubG rantee Agreement involves fu nd s from a federa l grant, to the
ex ten t th ere is a conflict the funding provisions of this SubGrantee Agreement, th e federal grant and
the federal statutes control rather than the provisions of Section 24-9 1-103.6, C.R.S. with regard to
any pub li c work projects.
C. Expendit ure Restriction s
All CDBG fun ds that arc approved by HUD for e1.penditure under the County's !,'TTm t agreement,
inc luding those that are identified for the SubGrantee's Projects and activities, shall be allocated to
the specific projects and activities described and listed in the grant agreements. The all ocated funds
shall be used and expended only for th e projects and activities for which the funds are identified.
D. Ag r ee ment Changes
No projects or activities, nor the amount allocated therefore, may be changed without approval by
the County and acc~'Plance of the revised Fi r.al Statement and/or Conso lidated Plan by HUD, if
requ ired. Changes must be requested in writ ing and may not begin until a mo dificalion to tltis
Agreement is fully executed.
E. Dir ec t Projec t Supe, islon and Admini strati on
The SubGrantec shall be responsible for the direct supervision and adminis trat ion of its respective
projects or a.:tivities. Titis lask shal l be accomp li shed tl1rough the use of the SubGrnn tee's staff,
age ncy and employees . The SubGra nlec shall be responsible for any injury to persons or damuge to
property resulting from the negligent acts or errors and omiss ions of its staff, agents and employees.
Because the SubGrantcc is responsib le for the direc t supervision and administration of its projects
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or activi ties , the Count y shall not be liable or resp onsi ble fo r cost overruns by the SubGrantec on any projects or act ivities. The Count y shall have no dut y or obligation to provide any additional funding to the SubGrantce if its projects or activities ca1m o1 be co mpleted with the funds allocated by the County 10 the SubGrantee . Any cost overruns shal l be the so le responsibility of the SubGrantee. I. he SubGrantee agrees that all funds allocated 10 it for approved projects or ac tivities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes.
2. The SubGrantee agrees 01at the funds alloca ted for any approved projects or activities
shall be sufficient to comp lete said projects or activities without any additional CDB G
funding.
F. Indemnity
To the extent allowed by law , the SubGrantee shall indemnify and hold hannless the County and its
elected and appo inted officials, offi cers , employees and agents from and against any and all losses,
damages, liabilities, claims, suits, actions or costs , including attorneys fees, made, asserted or
incurred as a result of any damage or alleged damage to person or property occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising
out of or in any way connected with the Project or the perfonnance of this contract.
G. Bondin g and Insurance
If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities
shall be required to provide and maintain, until final acceptance by the SubOrantee of all work by
such Contractor, the kinds and minimum amount s of insurance as follows :
I. Comprehensive General Liability: In the amount of not less than $ I ,000,000 combined
2.
sing le limit. Coverage to include:
a. Premises Operations
b. Products/Completed Operations
c. Broad Form Contractual Liability
d. Independent Contractors
c. Broad Form Property Damage
f Employees as Additional Insured
g. Personal Inj ury
h. Arapahoe County and the SubOranlee as Additional Named Insured
i. Waiver of Subrogation
Comprehensive Automobile Liab ility: In 01e amount of not less than $1,000,000
combined single limit for bodily injury and property damage. Coverage to include :
a. Arapahoe County and the SubGmntce as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor shall secure and • maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee; it being the intent of the parties th• o,~ insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance .
b. The clause entitled "Other Insurance Provisions• contained in any policy
including Arapahoe County as an additional named insured shall not apply
to Arapahoe Comity, or the SubGrantee.
c. The insurance companies issuing the policy or policies shall have no
recourse against A111pahoe County, or the SubGrantee for payment of any
premiums due or for any assessments under any form of any policy.
d. Any and all deductibles contamed in any insurance policy shall be assum ed
by and at the sole risk of the Contractor.
5. Certificate of Insurance: The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he has submitted to lbc •
SubGrantce, received approval thereof, certificates of insurance showing that he has
complied with the foregoing insurance requirements. The Sub<lrantee shall also
submit a copy of the Co ntractor's certificates of insurance to the County.
6. Notwithstanding the provisions contained in this p:lTllgraph (H) set forth
hcreinabove, the County reserves the right to modi fy or waive said provisions for
projects or activities for whicll these provisions would prove prohibitive. The
SubGrantec understands, however, that the decision to waive or modify those
provisions is fully within the discretion of the County,
In accordance with 24 CFR parts 84 and 85, the following bonding requirements shell apply to all
projects exceeding lhe simplified ecquis11aon threshold (currently S 100,000):
I. A bid guarantee from eacl1 bidder equivalent to 5% of the bid piice,
2. A perfo rmance bond on lbc part of the con1I11ctor for 100% oflhe contract pnce; and
3. A payment bond on the part of the contractor for I 00% of the contract price.
H. Reco rds
The SubGrantee shall maintain a complete set of books and records documenting its use ofCDBG
tunds and its supervision and administration of th~ Project. Records are to include documentation
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vent\,ng PrO!CCI e!ig,btlity and na11 onal obicc11ve com,,liuncc, as well as financial and .1!:cr adm1mstra11vc aspe.:ts ,,.vol ved ,n pc:-fonmng the ProJcct. The SubGrantcc shall pro ,·,-k full access to these books and records to the County. the .,ecrctary of HUD or his dcsigncc, U.e u;:ice of lnspcc •or General, and the Gcncrnl Accounting Uffice so that compliance with Federal I? , i und regulations may be confinncd. TI1c SubGrantcc further agrees to pro"ide to the CoULt) upon request, a copy of any audit reports pertaining to the SubGmntee's financial operations during the tcnn of this Agreement. All records pertaining to the Project arc to be maintained for a minimum offive years following close-out of the Project.
l . Reporting
The SubGrantce snail tile all reports and other infonnation necessary to comply with npplit""ble
Federal laws and regulations as requi red by the County and HUD. This shall include providing to
the County the infonmation necessary to complete Wl!lual Perfonnance Reports in a tim ely fa shi,,n.
J . Timeliness
The SubGrantce shall comply with the quarterly performance standards established in Section II-C
of this Agreement. The SubGrantce understands that failure to com ply with the established
standards may lead to a cancellation of the Project and a loss of all unexpended funds.
K. Reimbursement fo r Expenses
The SubGrantee agrees that before the County can distribute any CDBG funds to It, U1e SubGrantce
must submit to the Countis Hous ing and Community Development Services Division
documentauon in the form required by that Division which properly and fully identifies the amount
which the SubGrantee is requesting at that time. The County shall have ten (10) working days to
re,iew the request. Upon approval of the request, the County wil l distribute the requested funds to
the SubGrantce as soon as possible.
L . Pr ogram Income
All program income directly derived from the Ampahoe County Community Development Block
Grant Program received by the SubGmntce will be retained by the SubGrantee and will be
dispersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County. Following completion of the SubGmntee's Arapahoe County COBG Projects, all
program income directly generated from the use ofCDBG funds will be remitted to the County.
M. Rea l Proper ty
Real property acquired in whole or in part wnh CJBG funds ;hall be utilized in accordance with
the scope and goals identified in Sections I and LI of this Agreement. Should the property in
question be sold or otherwise disposed of, or th-: approved property usage disconti nued, the
SubGran tee shall adhere to the requirements of 24 CFR Parts 84 or 8S (as applicable) regarding the
use and disposition of real property .
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N. State and County Law Compliance All responsibilities of the SubUrantee enumerated herein shall be subject 10 applicable State statutes and County ordinances, resolutions, rules, and regulations. 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Termination
This Agreement l!llly be immediately suspended or terminated upon written notification from !he
County if the SubGrantec materially fails to comply witli any term of this Agreement 11us
Agreement may also be terminated for convenience by mutual agreement of the County and the
SubGrantec.
Q. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation, this Agreement shall terminate as of the tennination date of the
County's COBO grant Agreement with HUD.
R. The SubGrantee certifies that to the best of its knowledge and belief.
1. No Federal appropriated funds have 1:,een paid or "ill be paid, by or on behalf of it,
to any pason for•inOuencing or attempting to influence an officer or employee of
any agency, a Member of Congn:ss, an officer or employee of Congn:ss, or an
employee of a Member of Congress in coMection with the awarding of any Federal
contract, the maldng of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contrnct, grant, loan, or
cooperative agreement; and,
2. If any funds other than Fr.dcral appropriated funds have been paid or will be paid to
any p=n for influencing or attempting to inOuencc an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal oontract, grant, loan, or
cooperative agreement, it will complete and submit Standard Fonn-LU.,
"Disclosure Form to Report Lobbying,• in accordance with its instructions.
S. Disa llowance
If it is detennined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse th e County to the full extent of the disallowance.
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• IV. RESPONSIB ILITIES OF TIIE COUNT\' A. Administrative Control Tne Parties recognize and undcrs1and thal 1hc County will be the s:ovenunenlal entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees thal as to it:· projects or acti,,ties pcrfonned or conducted under any CDBG agreement, U,o County shall have the necessary administrative control
rt:quircd to meet HUD requirements .
8 . Perfo r mance and Compliance Monitoring
The Counly's administrative obhgations to Ute SubGrantee pursuant to paragraph A above shall be
limited 10 the performance of the administrative tasks necessary to make CDBG funds available to
the SubGrantee and to provide Housing and Community Development Services staff whose job ii
will be to monitor the various projects funded with CDBG monies to monitor compliance with
applicable Federal laws and regulations.
C. Reportin g to HUD
The County will be responsible for seeing that all necessary reports and information rcquitt.d of the
County arc filed with HUD and other applicable Federal agencies in a timely fashion.
EXTENT OFTITE AGREEMENT
This agreement, including any documents attached as exhibits which are hereby incorporated herein
by reference, represents the entire and integrated agreement between the County, and SubGrantee
and supersedes all prior negouations, representations or agreements, either written or oral . Any
amendments to this agreemenl must be in writing and signcc! by both the County, and SubGrantee.
If any portion of this agreement is found by a court of competent juri sdiction to be void and/or
unenforceable, it is the intent of the parties that the remaining po11ions of tl1is agre,:incnt shall be of
full fo~ and clfecL
VI. NOTICES
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Notices to be provided under this Agreement shall be given in writing and either delivered by hwid
or deposited in the United States mail with sufficient postage to the addresses sci forth:
To the County: Arapahoe County Attorney
5334 S. Prince Slrect
Liltlelon, CO 80166
and
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Arap:ihoc County Housing and Commumty Development ',crvocc• 1690 W. Littleton Blvd., /1300 Littleton, CO 80120·2069 To the SubGrantec: City of Englewood I 000 Englewood Parkway Englewood, CO 801l0
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In Witness Whereof, the Parties have causec this Agreement to be duly executed this _____ lla> • of ___________ _, 2009. SubGrantet: Cny of EnsJewood
Signature James K. Woodward
Mayor
Title
Board of County Commissioners
• Arapahoe County, Colorado
•
Don Klemme on behalfofthe Board ofCoonty Commissioners
Pursuant to Resolution #090191
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PROJECT BU DGET
COLUMN A COLUMNB COLUMNC COLUMND
Prtjed At1:Mtla 1!.ttlmated Toti.I Con or CDDC F'wnds 0111tr Fu11d1 Committed
(,p<dli, by ... k..., Adl'111
Coru;tn1e1IOOIDcsip1 and Idling soo,000.1,0 $00,000.00 so
Gcncnl Adauli~ SIS,00000 so m.00000
TOTAL: m .000.00 soo,000.00 Sll,000,00
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• SU BG RA~TEE AG R EEME~T FO R A RAPA IIOE COU 'IITY COMMUNI T Y D EVELOPM EN T BLOCK GRA T FUNDS SUDGltANT EE: CI TY O F ENGI.E\\'OO0 PROJECT NAM E: HOUSE OF IIOPE STAFFI NG PROJECT NUM BER: RN PS 1/IJ TI1is Agreement is made by and between the Board of County Co1111111 ssi(lllL!'!' of the County of AJ9ahoe ,
State of Colorado, for the Community DcvclopmL'Tit Dlock Grant l'rogrrun in the Community Rc0urces
Department (hereinafter referred to as the County} and the City of Englewood and Family Tr:e, Inc.
(hereinafter referred to as the SubGrantee) for the conduct of a Community Development Blod Grant
(CDBG) Project.
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as aJ1tnded ,
and of the Community Development Block Granl (CDBG) Prosram under th iN Title is the develojtlent o!
viable urban communities, by providing decent housing, n suituble living environment and exianding
economic opportuniries, principal! y for low and moderate income persons.
The project by the SubGrantee known as the H-,usc of Hope Staffing (Project} has been categorilcd as 1
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Public Services project and the SubGrantee will maintain documentation with the national objo:tive of
Limited Clientele acti~ities.
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The SubGnmtee may proceed to incur costS for the Project upon n.-cc1pt of an official "Noucc to Jrocced'
from the County.
11. WORK TO BE COM PLETED BY T UE SUBGRA Nn:E
TI1c following provisions outline the scope of the work to be completed:
The SubGrantce will utili1.e CDBG fu nd ing to provide staning ut the I lou,c of I lope, which provides long-
term shelter and supportive services for homeless families . ·me ~itc 1s locutt'(I 01 JJO I S. Grant Street,
Englewood, Colcrado.
A. P3yment
It is expressly agreed and understood that the total amount to be pmd by the C'ounty under this
conlract shall not exceed $25,000. Drawdowns for the payment of eh111hle expenses shall be mode
against the line 11cm budgelS specified in the Project Budget and m 11ccordancc with performance
criteria e~tablishcd in Section 11-C. The parries expressly rccognitc thnt the SubGrontcc is to be
paid with CDBG funds received 'rom the federal govemme111, and thnt the obligation of the County
to make payment to SubGrantcc is contingent upon receipt of such fimds . In the event that said
funC!s, or any part thereo f, arc, or become, unavailable, then the County may immediutcly tem1inntc
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or, arr.end this agreement. To the extent C.R.S. § 29-1-110 is applicable. 311y financial obligation of the Cnunry to the SubGrantcc beyond the current fiscal year 1s also conungent upon adequate funds being ap~ropriated, budgeted 1111d otherwise ovailablc. Upon expiration of this Agreement, as identified by the deadline in Section 11. C. 3. below, the SubGrantee shall transfer to the County 1111y CDBG funds on hand at the time of expiration 311d any ~ccount s receivable att ributob le to the use of CDBG funds. These transferred funds shall revert to the Count y and be utilized fo r other purposes .
8. Timclinc
All Project activities will be completed by Ma y 31, 2010 unless this Agreement is modified by
mutual agreement o f the County and SubGrantec.
C. Performaacc Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, L'le criteria
listed bel ow arc to be met during the execution of the Project.
I . Quantifi able Goals:
The SubGrantee will uti l ize CDBG funds for the continued employment of staff al the
House of Hope located at 3301 S. Grant Street, Englewood, Colorado. Staff members
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will be employed by Family Tree, Inc., which provides staffing and services at the •
facility. By maintaining the positions, the SubGrantee will provide services for a
minimum of 65 homeless families for the d1118tion of the grant period. A total of 205
unique pmons will be served by the Project.
The SubGrantee may collect nominal fees for services provided under this grant,
providing the total rf all client-contributed and County srnnt funds do not exceed the
costs of program delivery.
2. Community Impact:
Homelessness -crisis management and ability to transition through the continuum of
care
3. Quarterly Performance Standards:
June 30, 2!.l22;
No requirements established.
September 30, 2009:
Provide services to approximately 15-20 families
Approximately 50-60 unique persons served
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December 3 i. 2009; Provide services to approximately 15-20 fam,hes Approximately 50-60 unique persons served March31 2010 : Provide services to approximately 15-20 families Approximately 50-60 unique persons served
May 31. 20 10: May 31. lOIO cumulative:
Provide services to approximately 10-15 families 65 families scrvcd
Approximately 40-50 1miquc persons served 205 unique persons served
Submit final drawdown and completion report to County
0 . Reporting Requirements
E.
I . Project reports will be due wilhin fifteen days following the end of each calendar ~
quarter (June I to September 30 r;-' is due October I 5; October I to December 31
report is due Jar.uary 15; January I to March 3 I report is due April I 5; and the final
completion report is due May 3 I) until the Project Is completed.
2. The official arn .~: audit and/or Financial S1atcmcn1S for the SubGrantee in which both
revenues an<! , · .• nditures for the CDBG Projects descnbcd herein arc detailed arc due
annually. The l~t completed official annual audit report and/or Financial Statements
shall be due on May 31, and for four ( 4) )'('>"~ thereafter on May 31.
Labor Sta.ndar.ls (Oavis-Bacon)
Project activities do not require compliance with federal labor standards (Davis-Bacon) as it is
exempt (i.e., public service activity, single family home rehabilitation, purchase of materials, or
other activity that has been dctcnnined exempt from federal labor standards).
F. Lead Based Paint Regulations
If the activity involves any construction, demolition, rehab ilitation, or any activity related to a
building, and the building was built in 1978 or prior, Lead Based Paint Laws and Regulations
apply, as established in 24 CFR Parts 35 and 570.608 . If the SubGrantce does not follow and
document LcJd Based Paint Laws and Regulation compliance, the SubGrantcc will not be eligible
for rcimbllr.;emcnl.
G. En,•lronmental Review
Notw1thslanding any provision of this Agreement, the parties hereto agree and acknowledge that
this Agreement does nnt constitute a commitment of funds or site approval, and that such
commitment of funds or appi.,val may occur only upon satisfactory completion of environmental
review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree thnt the provision of any • funds 10 the project 1s conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a .subsequent environmental review. H. Un iform Relocation Art (URA) It has been determined that no action under the Uniform Relocation Act (URA) is necessary.
Ill. RESP ONSIBIL ITIES OF Ti!E SU BGRANT EE
A. Federal Compliance
The SubGrantcc shall comply with all applicable federal laws, regulations and requirements, 1111d all
provisions of the grant agreements received from the U.S. Department of Housing and Urban
Development (HUD) by the County. These include but arc not limited to compliance with the
provisions of the Housing and Community Development Act of l!I' 4 and all rules, regulations,
guitlclines r.nd circulars promulgated by the various federal departments, agencies, administrations
and com"lissions relating to the CDBG Program. A listing of some of the applicable laws and
regulations arc as follows:
1. 24 CFR Part S70;
2. 24 CFR Parts 84 and 85;
3. Title VJ of the Civil Rights Act of 1964;
4. Title vm of the Civil Rights Act of 1968;
5 Sections I 04(b) and I 09 of the Housing and Community Development Act of 1974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and
ExccullveOrder 11063;
7. Section 504 of the Rehabilitation Act of1973;
8. Asbestos guidelines established in CPD Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Pan 39;
I 0. Equal employment opportunity and minority business enterprise regulations established
in 24 CFR part 570.904;
11. Section 3 of the Housing and Urban Development Act of 1968;
12. Non-discrimination in employment, established by Executive Order I 1246;
13 . Lead Based ~ ,~gulations established in 24 CFR Parts 35 and 570.608;
14 . Audit requ1rements established in 0MB Circular A-133; and
IS . Cost principles cst:iblishcd in 0MB Circulars A-87 end A-122 .
16. Conflict of Interest:
a) App/icabi/iry.
(I) In the procurement of supplies, equipment, constrUction, and services by
the County and by the SubGrantec, the connict of intcn:st provisions in 2,;
CFR 85.36 and 24 CFR 84.42, respectively shall apply.
(2) In all cases not governed by 24 CFR 85.36 and 84.42, the provisions of
24 CFR 570.611 (2) shall apply. Su~h cases in~:ude the acquisition and
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dispos111on or real property and the provision o f assistance by the Coun1y or by i1s SubGrantecs 10 individuals, businesses, and other private cmnics under eligible activities that authorize such assistance (e.g., rehabili tat ion, preserva1ion, and other improver,,ents of pnvatc properties or facihtics pursuanl to 24 CFR 570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to 24 CFQ 570.203, 570.204, 570.455, or 570 .703 (i)). Conflicts prohibited, The general rule is that persons described in paragraph (c) of this section who exercise J , have ext'l'cised nny functions
or responsibilities with respect to coe -:. ,ctivities assisted under this part,
or who are in • position to participate in a decision-making process or gain
inside information with regard lo such activities, may obtain a financial
interest or benefit from a COBO-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their
tenure or for one year thereafter.
Persons covered. The conflict of interest provisions of paragraph (b) of
this section apply to any person who is an employee, agent, consultant,
officer, or elected official or appointed offi cial of the County, or any
designated public agencies, or of lhe SubGrantcc that are recciveing funds
under this part.
Exceptions. Upon lhe written RqUCSi of the County, HUD may grant an
exception to the provisions of paragraph (b) of this section on a case-by-case
basis when it has satisfactorily met the threshold Rquircments of (d)(l) of
this section, taking into account the cumulative effects of paragraph (dX2) of
this section.
(I) Threshold requirements. HUD will consider an exception orJy all,r
the County hes provided lhe following documentation :
i. A disclosure of the nature of the conflict, accompwtled by an
assurance !hat there has been public disclosure of the connict and
a description of how the public disclosure was made; and
ii. An opinion of lhe Cowity's attorney that the interest for which
lhe exemption is sought would not violate State or local law.
(2) Factors to be considered for exceptions. In determining whetl1cr to
grant a requested exception after the County has satisfactorily met the
requirements of paragraph (d)(l) of this section, HUD shall conclude that
such an exception will serve to further lhe purposes of the Act and the
effective and efficient administration of the County's program or project,
Inking into account the following factors, as applicable:
i. Whether the exception would provide a sign16cant cost benefit
or an essential de1,,rce or expertise to the progmm or project that
would otherwise not be available;
ii. Whelher an opportunity was provided for open competitive
bidding or negotiation;
iii. Whether the pmon affected is a member of a group or class of
low-or moderate-income persons intended lo be the
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bcncfician~s of the ussistcd octil'ily, ond the exception will pcnnit such person 10 receive generally the same interests or benefits !IS arc being made avo1lnble or provided to the group or class; iv. Whether the affected person has withdrawn from his or her functions or respons1bili1ies, or the decision making process with respect to the specific nssis tcd activity m qvcstion; v. Whether the interest or benefit was present before the affected person was in a position as descnbed m paragraph (b) of this
section;
vi. Whether undue hardship will result either to the County or the
person affected when weighed against the public interest served
by avoiding the prohibited connict; and
vii . Any other relevant considerations.
17. The SubGrantee caMot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or
Nonprocurcmclll Programs.
B. Non-Appropriations Oause
The SubGrantcc agrees that it will include m every contra(;! it enters, which relics upon COBG
monies for funding. a non-appropriation clause that will protect itself; and the County from any
liability or responsibility or any suit which might result from the discontinuance of CDBG funding
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for any reason. Because this SubGrantee Agn:ement involves funds from a federal grant, to the •
extent there 1s a conflict the funding provisions of this SubGrantce Agreement, the federal grant and
the federal statutes control rather thnn the provisions of Section 24-91-103.6, C.R.S. with regard to
any public work projects.
C. Exp enditure Res tr ictions
All CDBG funds that nrc approved by 'HUD for expenduurc under the County's grant agreement,
including those that arc identified for the SubGruntee's Projects and activities, shall be allocated lo
the sp;.,-cific projects and activities described and listed in U1e grant agrcemc111s. The alloculed funds
shall be used and expended only for the projects and activities for which the funds arc identified.
D. Agree ment Ch1111 ges
No projects or ac1iv111cs, nor the amount allocated the hanged withJut approval by
the County and acccpt:mcc of the revised Final Stnlcrncnt •·• Jnsolidatcd rJnn by HUD, if
required . Changes must be requ~tcd in wnting and mny not ll~ein unti l a mod1ficulion to this
Agr~'Clllcnt is fully executed.
E. Direct Proj ect Supervision and Administration
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11,c SubGrantcc shall be respons ible for the direct supctv1sion and admimstrntion of its respective pn~ects or activities. 1 nis tnsk shall be accomplished through the use of the SubGruntce's stafT, agency and employees. The SubGrantee shall be responsible for 1111y injury to persons or damage to property resu lting from the negligent acts or errors and omissions of its stalT, ngcnts and employees, Because the SubGrantee is responsible for the direct supervision 1111d administration of its projects or octi,1ties, the County shall not be hable or responsible for cost ovemms by the SubGrantee on any projects or nctivitics. The County shall have no duty or obligation to provide any additional funding to the SubGrantcc if its projects or activities cannot be comp lued with the funds allocated by the County to the SubGrantcc. Any cost overruns shall be the sole responsibility of the
SubGrantec.
I. The SubGrantcc agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes.
2. The SubGrantcc agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding.
F. Indemni ty
To the extent allowed by law, the SubGrantce shall indemnify and hold harmless the County and its
elected and appointed officials , officers, employees and agents from and against any 1111d all losses,
damages, liabilities, claims, suits, actions or costs, inc,uding attorneys fees, made, assmed or
incurred as a result of 1111y damage or alleged damage to pc:,~n or property occasioned by the acts
or omi ssions of SubGrnntcc, its offic<.'l'S, employees, agents, con1mctors or subcontruciors, arising
out of or in any way connected with the Projec1 or the ;,erfon"lance of !his contract.
G. Bonding nnd Insurance
If the SubGmntcc's projects involve construction activities, any Contractor it uses for said activities
sh~II be required to provide and maintain, un1il final acceptance by the SubGrnntcc of all work by
such Contractor, the kinds and minimum amounts of insurance as follo ws :
I. Comprehensive General Llabtlity: In the amount of not less than $1,000,000 combined
single limit. Coverage to include:
a. Premises Operations
b. Product,;/Complctcd Opcrutmns
c. 13roud Fon11 Contractual Liability
d. ln<kpcndent Contractors
c. Broad Form Property Damage
f. Employees as Addilionlll Insured
g. Personal Injury
h. Arapahoe County and the SubGrantec as Add111onal Named Insured
1. Waiver of Subrogation
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2. Comprehensive Aulomobile Liubility: In lhe amounl of nul !css lhan Sl,v00,000 combined single limil for bodily inJwy and property damngr. Coverage to include: a. Arapahoe Counly and the SubGrnnlce as addilional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation lnsurarx:c that will protect it against any and oll claims resu lting ftom injuries to and death of workers engaged
in work under any conlract funded pursuant to lhis agrecmenL Coverage to include
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject to
the following stipulations:
a. Underwri ters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee; it being the intent of the parties that the insurance
policies so effected shall protect lhc parties and be primary coverage for any
and all losses covered by the des.:ribed insurunce.
b. The clause entitled "Other Insurance Provisions" contained in any policy
including Arapahoe County as an additional named insured shall not apply
to Arapahoe County, or the SubGrantce.
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County, or the SubGrantee for 1>3yrnent of any
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premiums due or for any assessments under any fonn of any policy. •
d. Any and all deducublcs contained in any insuranc.: policy shall be assumed
by and at the sole risk of the Contractor.
5. Certificate of Insurance: 1l1e Contractor shall not commence work under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantec, received approval !hereof, certificates of insurance showing that he has
complied wilh the foregoing insurance requirements. The SubGrantee shall also
submit a copy of the Contractor's certificates of insur. ,cc to the County.
6. Notwithstanding the provisions contained in this paragraph (H) set fonh
hereinabove, the County reserves the right to modify or waivo said provisions for
projects or activities for which these provisions would prove prohibitive. The
SubGrantcc understands, however, that the decision to waive or modify those
provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85, the following bonding rtquirer.icnts shall apply to .ill
projects exceeding the simplified acquisition threshold (currently $100,000):
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3.
A bid gu=tee ftom each bidder equivaltnt to 5% of the bid pncc;
A performance bond on the part of the contractor for I 00¾ of the contract price; and
A payment bond on the pan of the contractor for I 00% of lhc contract price.
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H . llcco rds The SubGrantee shill! mamtam a complete set of books and records doanncnnng its use of COBG funds and its supervision and admimstrat1on of the Pr,~L'l:t. R.:cords 11re to include dt,cumentntion verifying Project eligibility and national objective compliance, as well as finnncial and other administrative aspects involved ,n pcrfonning the Project. The SubGrantcc shall provide full access to these books and records to the County, the Secretary of HUD or his designce, the Office of Inspector General, and the General A.:counting Office so that eomplinnce with Federal laws and
regulations may be confirmed. TI1c SubGrantce further agrees to provide to the County upon
request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the
tcnn of this Agreement. All records pertaining to the ProJecl are to be maintained for a minimum
of five years following close-ou: of the Project.
I. Re porting
The SubGrantcc shall file all reports and other informntion necessary to compl y with applicable
Federal laws and regulauons as required by the County and HUD. This shall include providing to
the County the information nccessar; 10 complete annual Performance Reports in a timely fashion.
J. Timel.iness
The SubGrantee shall comply with the quarterly performance standards established in Stx.tton U-C
of this Agreement The SubGramee understands that fai lure to comply with the established
standards may lead to a cancellation of the ProJca and a loss of all une.~pended funds.
K. Reimbursement for Expense~
The SubGrantee agrees that before the County can distribute any COBO funds t.> it, the SubGrantee
must submit to the County"s Housing and Community Development Services Division
documentation in the form required by that Division whi-:h properly and fully identifies the amount
which the SubGrantcc is requesting at that time. The County shall have ten (10) working days to
review the request. Urnn approval of the request. the County will distnbutc the requested funds to
the SubGrantee as soon ns possible.
L. P rogr am Income
All prob'fhm income directly derived from the Arapr,hu~ County Comm un ity Dcvel.ipment Block
Gnu Program received by the SubGrantcc will be retained by tl1e SubGrantce and will be
dispersed for its approved CDBO Project activities before additional COBO funds are requested
from the County. following completion of the SubGrantec's Arapahoe County COBO Projects, all
program income directl y generated from the use of COBO funds will be remitted lo the County.
M. Renl Property
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Real propcny acquired rn whole or m pan w,:n CDBG funds shall be uulized m accordance with the scope and goals 1dcmificJ in Sections · ·ud JJ of this Agrccmcm Should the property in question be sold or otherwise disposed of, or the ~pprovcd propeny usab'C ctiscontinucd the SubGrantce shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and d1s;,ost1ion of real propeny. N. SIBie and Coun ty Law Complian ce All responsibiliues of the SubGmntee enumerated herein shall be subJect to applicable State
statutes and County ordinances, resolutions, rules, h!ld regulations.
0 . S ubcontracts
If subcontracts arc used on the Pro 'd, the SubGmnlee agi .lCS that the provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Termination
This Agreement may be immed iately suspended or terminated upon written notification from the
County if the SubGron1ee materially fails to comply with any term of this Agreement. This
Agreement may also be lem1inn1ed for convenience by mutual a~cement of the County and the
SubGran1ee.
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Q. In the event that the Unit of General Local Government should withdraw from the Junty's •
"Urban Couniy" designmion, this Ab'Tcement shall 1cnninate as of the 1ennina1ion date of the
County's CDBG grant Agrcem:-!:t \\ ith HUD.
R. 1be SubGran1ee certifies that to the best of its knowledge and belief:
I . No Fed~-ra! approprioted funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or allempting t, influence an officer or employee of
any agency, a Member of Congrcs.;, an off ..<T or employee of Congress, or an
employee of a Member ~fC:ongrcss m conncc1 '" wilh the awarding of uny Federal
contract, the making 01 an) Federal pl, tl,c making of any Federal 101111, the
entering into ol any coupera1i ve agreement, and th1• extension, continuation,
renewal. amendment, or modification of any Fcdcm -ontmct, grant, loan, or
cooperative ug,ecment; and,
2. ff any funds 001, r ihun Fcdcrul appropriutcJ funds h~,c been paid or will be paid to
any person for mnucncing or ntwmpung to mflucncc an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, t1r an 1.,nploycc
of n Member of Congress m connccuon with this Federal contract, grant, loan, or
cooperative agr1.'<:111cn1, 11 will complete and submi t S1nndnrd Fom1-LLL,
"Disclosure Fonn 10 Repon Lobbymg, • m acconlancc with us instructions.
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JV. $. Disallo" ancc rr 1l 1s dctennincd by HUD or other foder:.1 agency that the e.~pendirurc, in whole or in part, for the SubGrantcc's Projccl or activity was improper, inapproprialc or ineligible for rcimburscmt'Tlt, then U1e SubGrantcc shall reimburse the County to the full extent of the disallowancc. RESPO NS IBILITIES OFT II E COUi\TY A. Administ rative Co ntro l
The Parties recognize and widerstand that lhe County will be the governmental entity required lo
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds. Accordingly, the SubGrantee agrees that as ti' its projects or activities perfonned or
conducted under any CDBG agreement, the County shall have the necessary administrative control
required to meet HUD requirements.
8 . Performance an d Co mplla oce Monitori ng
The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be
limited to the perfonnance of the administrative tasks necessary lo make CDBG funds available to
the SubGranlee and lo provide I lousing and Community Development Services staff whose job it
will be to monitor the various projects funded with CDBG monies to monitor compliance with
applicable Federal laws and regulations.
C. Reportin g to HUD
The County will be responsible for seeing that all necessary reports and infonnation required of the
County are filed with HUD and other applicable FCC!crnl agencies in o timely fashion.
V. EXTENTOFTllEACREEMENT
This agreement, including any documents attached as cxhibils which are hereby incorporated herein
by reference, n:;,rcsents the entire and integrated agreement between the County, and SubGrantee
and supersedes all prior negotiations, reprcsenllltions or agreements, either wrincn or oral. Any
amendments to this agreement must be in writing and signed by both the County, and SubGrantee.
If any portion of this agreement is found by a court of CQmpctcnl jurisdiction to be void and/or
unenforceable, it is the intent of the parties that the remaining pn>tions of this agreement shall be of
full fon:e and effect
VI. NOTI C ES
Notices to be provided under this Agreement shall be given in w,iting and either delivered by hand
or deposited in the United States mail with sufficient postage to the addresses set forth:
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To lhc County: Arapahoe County Attorney 5334 S. Prince Street Littleton, CO 80166 and Arapahoe County Housing and Community Development Services 1690 W. Littleton Blvd., #300 Littleton, CO 80120-2069
To lhe SubGrantec: City ofEnglcwood
l000 Englewood Parkway
Englewood, CO 80110
Family Tree, Inc.
3805 Marshall Street
Wheat Ridge, CO 80033
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l.1 Wiw.ss Whereof, the Parties have caused dus Agrwnent to be duly executed this _____ day • of 2009. -----------~ SubGrantce: City ofEnglewood
Signature
Title
SubGrantee: Family Tree, Inc . .. w
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Chief Executive Officer
Title
Boan! ofCowtty Commissioners
A111pahoe County, Colorado
Don Klemme on behnlfofthe Board of Count-; Commissioners
Pursuant to Resolution #090191
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• PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Pr1Jtt1 A.cthftitt E11l mattd Tottl eo,1 or CDBC f ud1 Otkr fundi Commluflf
(,p<dfy by lW ""•J Adl.-lty -U2U9l00 m.000.00 $l00,S9l.OO
<lpau,aam Sl22,SSl,00 so sm.m.oo
TOTAL: Sl<S,l 7<.00 m.000.00 Slll,174.00
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• COUNCIL CO MMUN ICATION Dale: Agenda Item: Subject: May 18, W09 11 cl A Resolution Approving FY2008-R Comn1tml1y Deve lopment Block GrJnt Appllca1lon Initiated By: Staff Source:
Community Development Departmenl Janel Grimmett Housing Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Cily Council has approved resolutions to file Community Development Block Grant (CDBG)
applications almost annually since 1977. Participation in the Arapahoe County en1itlement
program began in 1991 . Participation Is authorized in three-year increments. Ordinance 13, Series
of 2006, approved an Intergovernmental Agreement to participate in th e Arapahoe County
Community Development Block Grant and HOME Investment Partnership Programs for federal
fisca l yea rs 2007 th rough 2009.
RECOMMENDED ACTION
• Staff recommends that Council approve a resolution authorizing staff to apply to Arapahoe c-.unly
for additional Community Development Block Grant (CDBG) funding through the American
Recovery and Reinvestment Act (ARRA) known as 2008-R CDBG funds.
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BACICGROUNO, ANALYSIS, ANO ALTERNATIVES IOENTlflEO
Due to the passage of th e American Recovery and Reinvestment Act (ARRA), Arapahoe County will
receive a one time allocation of $274,862 In Community Development Block Grant (CDBG)
program funding from the U.S. Depal'lment of HousinP, ~~~ '_'rba n Developmen t (HUD) known as
2008-R CDBG.
Community Developm en t Block Gr~nl (C DBG) funds are provided by HUD in order to Improve
local communities by pro\'iding decent housing. improved infras•ructure, public facilities and
services, and improved ecnnomic opportunities. Funds may also be used for activities that help
prevent or eliminate slum, o, bligh~ or for projects that meet urgent community needs. A.~RA has
placed priOfity on projects that can award con tracts based on bids \\ithin 120 days of the grant
agreemenl Pri ority wilt be given to the following types of projects:
• Activities for infrastructure 1nvestments or related projects
• Activities that create )obs
• Activities that promote energy efficiency
Projects must be able 10 demonstrate the abdll)• 1,, maximize job creation and economic benefit (ex., number of construction days Jnd wu1~~15 needed, creation of green jobs, utility cost savings, a reduction In carbon emissions, eh;,), The County "111 give priority to larger projects above $50,000. All projects applying for Arapahoe County's gran t must .ssist low or moderate Income residents of Arapahoe County, exc luding th e City of Aurora. Funding is expected to be available once HUD has approved the County's amendment to the Consolidated Plan. All projects shou ld be designed to begin Immediately and be completed no later than May 31, 2010.
There Is no limit to the number of applications an agency may submit but ead1 project should be
submitted as Its own application. No matchlnp funds are required to receive C DBG funds, although
projects are very strongly encouraged 10 have other sources of additional fundmg. Applications
selected for funding may receive less than the requested amount depending on the number of
applications received and available funds. Funding Is not guaranteed 10 any agency or project
The City of Englewood must submit an application no later than May 22, 2009 In order to apply for
2008-R CDBG funding from Arapahoe County. Two applications will be made totaling
S 175,000.00. These two projects continue to meet current housing and neighborhood needs
benefittlng low and moderate income famllles. All projects are subject to additional review by City
staff, Arapahoe County CDBG administrators and the County Commissioners. The listed projects
and funding levels m~y change based on those rev iews. The 2008-R CDBG funds will be req uested
for the following projects:
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1) $65,000 for a neighborhood revitali za tion •paint-up/fix-up• project designed to Improve
the streetscape appearance of low-income owner-occupied resldendal properties within •
the City;
2) S 110,000 for an energy efficiency home improvements project focusing on
improvements that qualify for the Federal Tax Credits for energy efficiency as well as
other applicable state, local and private rebates.
FI NANCI AL IMPACT
Existing Community Developmen t staff wi ll admin ister the proposed projects Staff salaries and
benefits represent the City's participation In the projects.
LIST Of ATTAC HMENTS
Proposed Resolution
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RESOLUTION NO. SERIES OF 2009 A RESOLUTION AUTI IORIZING THE cm' OF ENGLEWOOD, COLORADO, TO FLLE AN APPLICATION WITH ARAPAHOE COUNTY FOR ADDITTONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG} FUNDING FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) KNOWN AS 2008 CDBG-R FUNDS.
WHEREAS, the Englewood City Council has approved CDBG applications si111.-c 1977 and
approved the execuuon of an Intergovernmental Agreement with the passage or Ordinance No.
3 7, Series of 1991, covering the City's panicipation in the Arapahoe County CDBG Entitlement
Program for funding years 1992 through 1994; and
Wt IEREAS, the Englewood City Council approved passage or Ordinance No. 13, Series of
2006, authorizing the execution of an Intergovernmental Agreement between the City of
Englewood and Arapahoe County covering panicipation in the Arapahoe County CDBG
Entitlement Program for funding years 2007 through 2009; and
WHEREAS, the Arapahoe County Community Development Bloc c Grant Program provides
grants to participating munlcipolities 10 meet housing and community development needs; nnd
WHEREAS, 10 compete In the Arapahoe County Community Development Block Grant
Program, local governments must submit an application; and
WHEREAS, the City of Englewood has received a notice of fund availability: and
WHEREAS, the Lity of Englewood, CC'lorado, desires to apply for these funds through the
Arapahoe County 2008 CDBG-R allocation 10 fund the Homeowner Fix-Up Project, and the
Enerlfl Efficient Englewood project
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~ The Ctty of Englewood, Colorado, is hereby authorized 10 lite an application to
Arapahoe County for CDBG funding from the American Recovery and Reinvestment Act
(ARRA) known as 2008 CDBG-R Funds •
~-The Ma)'Or and City Clc:rk arc authorizA:d 10 sign and allest all ncccssa,y fonns, • documents, assurances and cenifications for 1he 2008-R Community De\'elopmcn1 Block Grant application for and on behalf of the City Council and the City of Englewood. ADOPTED Al'<D APPROVED this Is• day of May, 2009.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
l, Loucrishio A. Ellis, Chy Clerk for the City of Englewood, Colorado, hereby ccnify the
above is o lr\le copy of Resolution No._, Series of 2009.
Loucrishia A. Ellis, City Clerk •
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COUN CIL COMMUNICATION Date: Agenda I tern: Subject: May 18, 2009 11 Cl! Lions Club Train BIii of Sale and Notice of Termlnadon of Lease and Waiver of Notice Requirement
Initiated By: St.aff Sour~e:
Parks and Recrea tion Department Jerrell Black, Director of Parks and Recreation, and
Cary Hultberg. Manager of Recreation
COUNQL COAL AN D PREVIOUS COUNCIL ACTION
• A C11y that provides and maintains quality infras tructure.
• A City that provides diverse cultural, recreational and entertainment opportunities.
The Engl ewood Lions Club and the City of Englewood ente red Into a lease agreement for property
in Belleview Park that allowed for the operation of a miniature tra in, on October 12, t 993. At the
Apn113, 2009 Council Study Session, Couno1 reviewed the Lions Oub March 30, 2009 letter
formally offering sale of the train, alu11g with the tracks, tresd e, and all supporting facilities, to the
Oty for S 1 .00. Council approve<i movl111 forward with negotiations with the Englewood Lions Club
for purchase of the train.
RECOMMENDED ACTION
Staff recommends that Counci l approve, by motion, the Bill of Sale for the purchase of the Lions
Club Train and the Notice ofTerminadon of Lease and Waiver of Notice Requirement
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Lions Club has owned and successfully operated the Tra in In Bellevi ew Park for many years.
For numerous reasons, the Ubns have Indicated that they are unable to operate the train for the
2009 summer season. The Lions Club Initially entered Into discussions with the Parks and
Recreation Department to develop an operations agreement for the summer of 2009. At th e Club's
February 2009 meeting. members voted to sell the train and supporting faciliti es to the Oty for
St.oo.
FINANCIA L I MPACT
Parks and Recreation anticipates operating the train at a profi~ exclu ding capital expenditures, as
did the Lions Club, while maintaining the $1 .00 per ride fee for 2009. Capital maintenance
expenditures and Improvements may be required to safely operate the train. Track repair and train
maintenance has been analyzed by Parks and Recreation and will be minimal for th e ne~t several
years. The es1ima1ed expendi lures for 1he operation are projec1ed al 530,000. Projec1ed revenues • are S40,000. UST OF ATTACHMENTS Nolice ol T erminalion of Lease and Waiver of Notice Requirement Bill ol Sale
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NOTICE OF TE RMf NAT ION OF LEASE AN D WA IVE R OF NOTICE REQUIR EMENT The undersigned Pan ies, Eng lewood Li ons Club Swimming Poo l, Inc . aka Englewood Li ons Club and the City of Englewood , Colorado entered into a Lease of the follow ing
described propeny on October 12'\ 1993 :
A twenty (20) foot strip, the center line of which follow s a point
commencing at the Southwest comer of the Southeast quaner of Sec . 9,
Twns hp 5, So uth , Range 68 Wes t of the 6th Pri ncipal Meridian ; thence
orth 82 degrees 14 mi nutes 17 seconds East l ,6S9 .91 feet to the true
poin t of begin ning; thence So uth 89 degrees 43 minutes 30 seconds West
I 06.96 feet ; thence 54 .04 feet along the arc of a curve to the righ t having a
radius of 50 fee t and along chord which bears North 59 degrees 18 minutes
52 seconds West 51.44 feet ; thence North 28 degrees 21 minutes 14
seco nds West 50 .28 feet ; thence 43.54 feet along the arc of a curve to th e
left, hav in g a radius of I 00 feet and a lo ng chord which bears North 40
degrees 49 minu tes 35 seconds Wes t 43 .19 feet; thence North 53 degrees
17 minutes 56 seconds West 647.0 1 feet; thence 87 .60 fert along the arc of
a curve to the right , having a radius of 54 .3 feet and a long chord whic h
bears orth 7 degrees 04 minutes 36 seconds West 78.43 fee t; thence
orth 39 degrees 08 minute s 44 seconds East 124.24 feet ; thence 94 .66
feet along the arc of a curve to the right , having a radius of 50 feet and a
long chord whi ch bears So uth 86 degrees 37 minutes 06 seconds East
81 .14 feet ; thence South 32 degrees 22 minu tes 57 seconds East 91.Q8
feet ; thence 48. 74 feet along th e arc of a curve to the left, havi ng a radius
of95 feet and a long chord which bears So uth 46 degrees 53 minutes 54
seco nds East 47.62 feet; th ence Sout h 61 degrees 24 minutes 50 seconds
East 146 .53 feet ; thence Sou th 62 degrees 13 minu tes 58 seconds East
345 . I 9 fee t; thence 44 .71 fee t along the arc of a curve to the righ t, having
a radi us of95 feet and a lo ng chord whic h bears Sou th 48
degrees 44 minutes and 58 seconds Eas t 44.30 feet ; thence Sou th 35
degrees 15 minutes 58 second , East 169 .67 feet; the nce 207 .24 feet along
the arc ofa curve to the right to the true poi nt of begi nning , sai d curve
having a radius of95 feet and a lo ng chord wh ich bears South 27 degrees
13 min utes 46 seconds Wes t 168 .5 4 fee t, the same lying and being in the
City of Eng lewood , County of Arapahoe , State of Co lorado .
The leased property is the site of the miniature train track in Bell ev iew Park .
Pursuan t to the terms of that Lease , it may be termina ted by either pany with thirty
(30) days written notice to the other party.
The panies hereby give mutual written notice to terminate said Lease and mutually waive the thirty (30) day notice of such termination as well as any other requirements • regarding said tcnnination. This Lease shall be tenninated on May I 81\ 2009. ENGLEWOOD LIONS CLUB SWIMMING POOL, INC. aka ENGLEWOOD LIONS CLUB
STATE OF COLORADO )
·--1··---· The foregoing instrument was acknowledged before me this i ~ day of f'l'io...y
__ , 2009, by &~\11.,,.A I '.cb S <.\.,),, ltg~~,h, ff•~iArnJ.
County of Colorado
) ss.
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My Commission expires \ \ -c. 4-"J..():)'\
Witness my hand and official seal.
On--n /J .~
/Notary Public
CITY OF ENGLEWOOD, COLORADO
By: __________ _
James K. Woodward , Mayor
ATTEST:
Loucrishia A. Ellis, City Cleric
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Bill OF SALE k.'JOW ALL~IEN BY 111£SEPRESENTS, 1\11 Ille ENGLEWOOD uos·s CI.IJD SWIMMlllO MOl., l!;c w ENGLEWOOD UON'SCUJDoflbeC.,,ol&aJ.-,Cooolyol Anpabot,S..,.ol Cokudo, ,Sell«\ b w1 •-o/0.. DoUtr (SI 00~ lal.lM I"'~ 11 "-b• .. _.,. or4tl.,.,,·d-pnw,l>) lbe01YOFENGI.E9o'OOD, 1000 &fl<wooolPumy,&fk-. Colcndo l-0110,ol a..c_,.or Mpllx,c, m lboSut,o(Colondo, (B-~""' 1oct9' ol-• bu,l>),..-..i1,A, ... """""""' ,old, .... ,,,,_,. _______ .., .... 81)t1,llitpul(IG&l1qi,ueatatno,111t«MOnad~,lihc~lowqproperfy,pochMllddriMttJt.• .... 1llc.Lioft•1o.t,Maa&a.mrc.TrllLtlaq-.dtt.Uas,ot&1k:dB1frold-tckiafxO\c,..t.~and furwca•~ IO 1k f~ dcsc:ribe:l lcuedprmuu lcaacdat Belle...., P11t. C,ryot~.
Colotldo.Nlpe,RCoiaicy.Cobado, Tilas t.1lt ISClll •"n isbaills'" 111-1dllN Nf ....... IC, UptUMd Of
-,Id
A-(20)1'ooc""P,doe"""'haco(wiudllollowl, _ __,.,...., Soo-
cotca ollbe S-'I"'"" o/5«. 9, T•ui., l, Souolt, ltoqe" W"' o/ .. ldo
PhnCi;i,11 Mcridlu; dlcilCC Nord! fl ckpeu 14 au:aUJ 11 NCOldl &it U'9.9l fotl 10 Iha
._powoC~ lbcoceSau&hl9dq:rta4l mimw:,lOlt¢0MIWa1106.H fee,;
~I: 54.04 rcc1 aloQJ 121e: IIC or• tw"VO to die n,lM Pvin, 1 rad,1,11 of SO f«I and a1oot
chont .,,tucbibwtNor!ll.59 dcarw II mi:rmrca5l ucoadt WatSl,4◄ fr,,t;lbmc1Nof1h21
dq,reull lnlnulCS 14 ICCor,daWeit50.21 feet; lbcac&◄J,S. rai1 •k11111hoa«of 1cum10
the left. hlVUl11111!111,1 of 100 feet lad I lam1 chord •tikb bean N'ri 40 des,e,e, 49 adnuia
)5tcccmds Wsst ◄J.19 fw; lhe,,ceNonh$l dt.pwi J7minutuS6i--. Wut"47.0I
far.t. thence l"i',60fuc aJooa; lhean:of1 airve tolAlripl. bavlq • rldJ1,11of .S4,l (latrnd 1
lon1 chotd ~ch bun Nonh 7 dc.&ne:1 04 mlnutu lS •ecrwlt Wu1 71,4) (ecc; ihcnce Nonb
ltdepw 1Jlff\1Ducu4◄ 1econdJ Eaa1124.24 feel; thcnc4JU6(tet 1lonf lboiwot1 clln'1
co the rilht. bavi111 • rad.iw1 o(SO feet 11\d a 1001 chord wfuth bem Sowtlt 16 dccrw 37
mlnu1u061ccondJ EIH l l .1 ◄ rccc; lhfficoSoudiJ2dea,u122 mmutea $7 tOCOlld&Eu1
91.PI ftct; tlunoe 41.74 (ee-1 I I011J die llrt: of IWl'\'e l0 \M left. havfna; 1 rad.lw, or,s reo11.1W
1 ~Ill chfl.rd wtikb be111 Soalh 46 d.r.J™& S) mimll« $4 IOC,OndJ e.,141.61 feet; thcnca
s,11111 II d,s, ... 24 "'"""" lO 1000"41 WI I ◄6,ll r«i UlCl1<o s .. ,h 61 "'""' II •u.
,a 1ocondt Eu1 l0,19 feet; lMll(;e 44.71 foct a.Jona b vc. or , cwvt to tha riahc. twrvi..1 •
rtdl\11 o(9S ftcl * 1 l0t1J chord ,...'Ni:h bun South 41 dt11w 4◄ -nlnut• and ,SI INICOUJt
1!&&144,lO leei; the""' Soo"' ll de .... IS llllou1e1 ll -1!&&1 169.11 lod; ,.._
107.21 feet Lloac th,aicof1Q11V010then1hl10dlC1Nopoi1tofbci1lllQffll. t1kla1M
ha\l\nf I radAII of9S fc.ct 1d I Jona tho.rd which bwt South 27 dei,t1111 1 J ~ 4d
~ Wut l&I.S 4 fcict.lheamol)in, &ad btll!.1.inlhm Ci()'of&11twoocl_O..f)'o(
Au~SlateofCokndo.
TO HAIII! AND TO HOLD lhe...,. _ lhewd BU)«, IO ...-,J ,q,,_...._-. ...s
uaqm. fom·e,, n. llld Sc.lier cow:ca:a. ud 1pe, ro ud -.ldti 11,e; 8uyet, ft, pcnoa.al r~vee,
_, oo4 oul..., 10 WAJtR.ANT AND DEFDID""' Mio o/..W _.,,, ,-oodahoool,, ,a...i o11...i.....,,_.,.,.._.........,, Wlom.....S-lheuoc,,lulboll-0.plwollhe
·-· toll lbo-o1..,,...., _ ... ...,,,..,, .... "' ....
IN wm.'ESS WHEREOF, mc Sdkr _,_Im BiD of S.i. dm O 4,yolM,y, 2009.
'fllc,~1Joo•10Ji$_....,_,..,AXA
Eqlcwuid ....... cw,
Wt1Dt.U my luJld IWld official INI,
~~ A.~ N Public
Lou Ellis From : Leigh Ann Hoffhines Sent: Wednesday May 27 2009 8 16 AM To: Lou Ellis Subject: RE quesbon Cody Edie and Hannah Goettsch
: )
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From: Lou Ellis
Sent: Tuesday, May 26, 2009 5:33 PM
To: Leigh Ann Hoffhines
Subject: question
Leigh Ann
Oo you happen co have Che correcl spelling for the 2 51udents Jim was lallung about ?
DRAFT
l'agc I of I
(iv) Mayor Woodward said I would also hke to mention Chai the Metro Mayors and Commissioners
Youth Awards were held on Saturday and au nine counties metro counties had represenlatJVes either 3 or 4
represenlabves youth that had overcome adversity and were awarded They come from the city level, to the
county level and now to lhis final metro level Two of our Englewood kids , from Colorado's Finest Allernahve High
School, won awards Cody Henning and Hannah Rod,sh I would hke to congratulale them and I had the
opportunity of meeung them and congratulaling them there IC 1s quite an accomplishment and a lot of these kids
have realty come through very, very adverse s1tuat10n s
Sf.!7/2009
Lou Ellis From: Janel Grommet! Sent: Wednesday May 27 . 2009 9 00 AM To: Lou Ellis Subject: RE questlOll Correc1 on all green areas Energy Siar rs a reg,s1ered name and rs generally caprtalried That's my only comment
Thanks, Janel
From: Lou Ellis
Sent: Tuesday, May 26, 2009 5:34 PM
To: Janet Gnmmett
Subject: question
Can you confirm the highlighted areas
DRAFT.
Resolutrons and Motions
(1) Housing Finance Spec,.allst Gnmmett presented a recommendation the Community
Development Department to adopt a resolutron authorizing staff to apply to Arapahoe County for additional
Community Development Block Grant lundrng through the American Recovery and Reinvestment Act (2008-R
CDBG funds) She sard this evening we are requesting approval to submit two applications to Arapahoe County
for special funding that was issued as part of the American Recovery and Reinvestment Act ol 2009 There Is a
special allocatrOn of Community Development Block Grant Funds that were budgeted under the 2008 fiscal year
allocations, so they are known as the 2008 COBG-R funding The applrcatlon must be submitted by thrs Fnday ,
May 22nd, so we request the support of Council for the two applications that w~ are prepared to submit One
application wrll be to continue ou r Home Owner Fix-up Program and the other apphcatlon we have deemed as
Energy Efflc,ent Englewood . We thought that was kind of a nice sounding name The programs and these
proiects have very specific pnorities as to what !hey will fund The adminis1ra110n must provide for infrastructure
,mprovements. eteate Jobs or act,vrties that promote energy efficiency. We believe both of these projects do
that They both w,I help to retain ex,sbng J0b$ from our smaD rontractors and busrnesses that are rn the
community, that our home owners would use. in order to make the repairs necessary for both of these pro,ects
The emphas,s on the newer projecL the Energy Effrcrency Englewood Program, ,s going lo be one where we are
go,ng to allow spec,al funding grant funding for home owners to be able to utrhze and apply for tax e1ed1ts and
rebates, that are already out there 1n the community through the federal program or any state or local So !he
types of funding that will be allowed under that part1wlar project would be for energy star furnaces, upgrades In
water heaters especially the l ankless water heater,;, .. rt could even be applied towards solar, ,f there was a
home owner !hat so desired to try lo look al doing that, double pa ned windows. metal roofs. those lypes of things
are all elrg1ble currently for rebates and for tax etedrts under the federal 1ax program So. we are hop,ng !hat we
wlll be able 10 be awarded Arapahoe County does not have a large amount of money that they were allocated,
rt was just under S275.000 00 and we are requesting lo apply for $175,000 00 of that funding for these two
prOJecis And aga,n. the staff of Community Development win administer these funds Hopefully, ,f awarded. we
will know that by midsummer with funding being alloca!ed m early fall so that we might be able to begin the
proJects She asked ,f there were any queshOns
Mayor Woodward said I have a quest10n .. If less than the full $175,0G,'.) 00 Is allocated, will you use the
$65,000.00 and the $110 ,000 00 as the !Wo percentages to break out wnatever Is awarded
Ms Grimmell said It actually would depend upon what the County Comm,ssloners approve and al !hrs time, I
don't know what the staffing whal !he Arapahoe County slaff will subm11 Generally, they may do pa~ral funding
5'17f.l()()<)
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Page 2 ol'J Business Semtnar 05 19 2009 08 00 h • 09 30 h
EnglewoOd Recreatoon Center • Englewood
House
_j •
The Greater Englewood Chamber of Commerce continues to
present the Morning Commerce Seminar. The Seminar will be held
from 8:00 -9 :30 a.m . at the Englewood Recreation Center located
at 1155 W. Oxford St. The Feature speaker is Mark Crawley of the
Greenwood Village Chamber of Commerce . His topic is "2 12
Degrees". At 211 degrees w,iter is hot, at 212 degrees water boils .
One degree makes the difference .
Venue
Venue:
Street:
ZIP :
City:
State:
Count ry:
Description
Englewood Recreation Center
1155 W Oxford
80110
Englewood
Co
Sorry no de sc11pt10n available
http ://w,,w.mycnglcwoodchombcr.com/indcx.php?vicw:dctails&id ;24%3 AMork +Cro wlc ... 5/27/2009