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Home My WebLink About2009-09-21 (Regular) Meeting Agenda PacketAgenda for the Regular Meeting of the Englewood City Coun cil Monday, September 21 , 2009 7:3 0 pm Engle-,ood Cl\te Cen1er -Council Chamber, 1000 Englewood Parl:-.,a\ Engle-,ood, CO 80110 I , Call to Order 2. lnvocalion. 3. Pledge of Allegiance. 4. Roll Call. 5. Consideration of Mlnules of Previous Session. a. Minutes from the Regular City Council Meeting of September 8, 2009. 6. Recognition ol Scheduled Public Comment (Please limit your presentation to ten minutes.) a. Englewood resident Jerry Furman will be present to speak oo fallen soldier memorials. 7. Recognn,on ol Unscheduled Public Comment (Please limit 1•our presentation 10 fi, e minutes. Tome for unscheduled public comment ma\ be fimited to 45 minutes, and ii limned. shall be continued to General Discussion.) 8. Communlcauoos, Proclamations, and Appointments. 9. Consent Agenda Items. a. Appro, al of Ordinances on First Reading. Council BIii No. 3 7 -Recommendation from the Utilities Departmenl 10 adopl a bill for an ordinance authorizing a License for lhe City Ditch crossing agreement and a Temporary Construction Easemen1 for th e installati on of a garden bridge crossing th e City Dllch al 3700 Sou th Ogden S1ree1. STAFF SOURCE: Stewa rt H. Fonda, Director of Utilities. Pleisl' no1e. I( y0\I ha'lt a d11.1bllny .uid need auxll1a') aub or sel'\'k"es pt.ease nolit\• the C,tv o ( Engle\\ood 1303-762-2◄05l >1 le•SI ◄B hours 1n amaoc• ol when "'"ices are nel'Ot'<I Englf"., ood Cm Council Agendi1 Se,pi~tnbe, 11 .2009 P.agf>:2 11. Council 81II No. 39 -Recommenda 1ion rrom the U11hties Department to adopt a bill fo r an ordinance approving the License -(abln Meadow Transmo umain Di,·ersion Pipe Crossing Agreement STAFF SOURCE: Stewart H. Fouda, Director of Uti li ties. b. App<O\ al oi Ordinances on Second Reading. I. Council Bill No. 36, amei:dlng 4-4-4•7C of the Englewood Municipal Code, penaining to license for retailer and vendor fees. Ii. Council 8111 No. 38, authorizing the acceptance ol 1he Community Oriented Policing Services Hiring Recoveri Program Grant No. 2009RKWXO181 . iii. Council Bill No. 40, authorizing a State ol Colorado Depanment of Local Affairs Community Developmenl Block Granl Neighborhood Stabllizabon Program Grant Agreemen t iv. Council Bill No. 41, authorizing the acceptance ot a Colorado Auto Theft Prevention Authority grant c. Resolutions and Motions. 1 O. Public Hearing It ems. a. Public Hearing to gather input on the City's proposed Budge! for 2010. 11. Ordinances, Resolutions and Motions a. Appro, al of Ordinances on First Reading. Council BIii No. 42 -Recommendation from th e Fina nce and Administrative Services Department 10 adopt a bill for an ordinance amending Tide 5 IBuslness and License Regulations) of the Englewood Municipal Code by the addition of a new Chapter 22 pertaining 10 Medical Marijuana Primary Care-Givers. STAFF SOU RCE: Frank Gryglrwicz, Dirtttor of f ina nce and Admini.stralive Services. Ii. Council Bill No. 43 -Recommendation from the Police Depanment to adopt a bill for an ordinance amending Tide 7, Chapter 60, Secuon 12 of the Englewood Municipal Co de enlitled Possession of Marijuana Prohi bited penaimng to enforcement STAFF SOURCE: Tom Vandermtt, Chief of Police. b. Approval of Ordinances on Second Read in g. c. Resolutions and Motions. ~~ no10: ff 1ou hJve • drsabil) 1nd nttd ou\ilw; •Id• o, •••""' ik.., nooh ~ Cm oi Englov,ood 130)-762-2405 1 iu ltl.isi 48 hours m o\dvance or wh~ sNVkes ilfP nttded Engl(l\.,ood On Council ,°',ge-od.1 Septembe, 11 :!009 P•~• 3 11. General Discussion. a. Mayor's Choice. b. Council Members' Ch0tee. A mo1ion to set a Public Hearing for October 5, 2009 10 ga1her public inpul on a proposal 10 reco mmend 10 the CII) Manager lhe selling of specific off-leash hours for dogs for Jason, Centennial. Duncan. and the Northwesl Greenbelt parks to be effecti\.e January 1, 2010. Specificall\~ March 1 through Oc1ober 31 -off~eash hours irom 6:00 am 10 9:00 am and i:30 pm to 11 :00 pm; and November I 1hrough February 28 or 19 -oif~eash hours irom 6:00 am 10 11 :00 am and 4:00 pm 10 11 :00 pm. 13. Cil\ Manager's Report 14. Cil)• Allorney's Report 15. AdjoummenL P1,e,ne note. 11 \'OU hil\lP ;a dis.lbtllt\ .Jind nttd ;wxili;al'\ atds Of sen·w::es plp.u,, not1f.. d'le-Ot; of EnilN.·ood llQJ.762•2405 ) at least 48 hours In ~dvince of \\hen Sf'l'\ICl'S are need~ • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD , ARAPAHOE COUNTY , COLORADO Regular Session September B, 2009 The regular meeting of the Englewood City Council was called to order by Mayor Woodward at 7 4-4 p.m. 2 lnvoc1tlon The lnvocat1011 was given by Council Member McCaslln . 3. Pledge ol Allegiance The Pledge of Alldg lance was led by Council Member McCas lln . 4, Roll Call Present: Council Memben; Jefferson , Moore. 1-<m ,. Oakley, Mccaslin , Wilson , Woodward !ill Absent: • A quorum was present. None • Also present. City Manager Sean; Ass istant City Attorney Reid Deputy City Manager Flaherty City Cieri< Ellis Director Gryglewic:z , F'111ance amt Administra tive Services Director Kahm, Public Works Director Whtte , Community Development Economic Development Coordinator HotlingsWOflh, Communtty Development Housing Finance Spedaflst Grimmett. Community Development Sen ior Planner Stitt. Convnunity Development Police Chief Vandennee Fire Chief Pattarozzl Police Commander Condreay Deputy Chief or Police CoHins Deputy City Cieri< Bush 5 Con1tderallon ol MlnulH of Prevlou1 SeHlon (a) COUNCIL MEMBER PENN MOVED, ANO COUNCIL MEMBER McCASLIN SECONDED, TO APP ROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 17, 2009 . Mayor Woodward asked If lhere any corrections or modifications . There were none . Voternultt: Ayes : Nays : Mo llon carried Counc il Members Penn, McC asll n, Moore , Woodward , Jefferson , Wilson . Oakley None . ] 1 Englewood City Council September 8, 2009 Pago 2 6 Recognition o f Scheduled Public Comment (a) Mayor Woodward said F1re Chief Mike Pa:tarou1 and Public Works D1rector Riek Kahm w,II present Robert Kavinsky, Ron Norden, Rex Templeman, and Gerald Wier with life-saving awards Fire Ch lei Pattarozzl said Mr. Mayor, City Council members, It Is my privi lege tonight to present the F,re Department Life-saving awards to four members of the Public Works Department If we could have them come forward and stand, I will read the Citation for you ·on July 8, 2009, four members of the Englew~ Public Works Department were working on an asphalt project at the intersection of Delaware and Union A Clllzen had pulled over and was underneath his vehlcJe doing some repair work when the vehicle fell upon him The Public Works employees Robert Kavinsky, and Gerald Wier from the Streets DiviSion and Ron Norden and Rex Templeman from the Traffic Div1s10n acied qulcl(Jy to remO\/e the man from under h,s vehicle by l1fbng the car by brute strength alone One of the members of the c.-ew contacted dispatch and i1111Jated the eme,gency response Due to the extraonfonary act10ns of these indMduals, which may h• e passibly made the d1tterence between hie and death for ttus citizen , fre crews were able to quickly transp<Y •:,e patient I'> Swedlsh Hospital For representing the City of Englewood and for their incredible hie saving er • Robert Kavlnsky, Gerald 'Mer. Ron Norden and Rex Templeman are hereby awarded the Fire Departmer ; .re-;:,.••1ng Award." He said thank you gentlemen. There was applause . The award was presented to each individual. There was apolause. City Manager Sears said congratulat'ons and various Cou ncil members also r.,•.•g,a• ,lated them, Mayor Woodward said prior to our Recogn.lllon of Unscheduled Public Comment .. nollcing that a number of the people are here to discuss Centennial and Jason Pdrk., Mayor Pro Tem John Moore would like to say a few words about what we will be doing and the process that has come from our Study Session. Mayor Pro Tern Moore said Your Honor, before I get onto that part. aB through our Study Session, we discussed that we would continue the Study Session, after this regular meeliog, for the sake of catching some ttems that we ran OU\ ol Urne for, After talking with the City Manager, he agreed we can just deler those subjects to our next gath61 .. ,g so we will, •inhke what we satd belore, w• will not be resuming the Study Session tonight after this Now t .rthe sake of the 1nd1v1duals who are here about ... or want to speak about the dog issue, I just want to make sure that everyone understands what we agre'!d to ,n Study Session tonight. because Council ' as ag reed to a course of action. On September 21 •, In here, we will have a motion in front of us I will go tnrough the details of that motion In a moment. But Included in that motion, Is that we will !hen have a Public Hearing on October s'" to get feed back from the Public on that motion and then, if all goes well, we will presumably proceed to a vote on October 19"'. To key provisions of the motio~ that will Ix! brought In here ior discussion, which may change during the proce',s, of course, but just for a starting point, Council has ag·,ed that we get to look at having separate limes for the summer and the winter Summer will be d•fined as March through October and Winter Is November through February There w,11 be morning and evening limes I'm sorry, these bmes are for when the parks, the existing off-leash parks, wiU have off-leash pnv,leges. So, off-leash prrvtl8\jes w,q have morrung and evening times The morning bmes du, .ng the summer win be 6 CO a m to 9 00 a m The evening limes In the summer win be 7 30 p m to 11 00 p m , pan 'lose. In the winter U.ose bme1> would change to be 6 to 11 In the mom,ng and 4 to 11 in the evening And then tne motion will suggest that this goes into effect January 1, 2010. That 1s kind of the hmeline we are working 1/1111 and the startJng point tl,at we will formally present next week to then be solic1bng your react,ons to any or the components of that motion I Just wanted to make sure that everyone that w.sn·t at the Study Session had !he benefit of that information So, thank you Mayor WOOdWard said thank you John Recognition o f Unscheduled Publi c L ont (a) Maril Kucharski, an Englewood re. ~nt. said we understand that the property at 601 We~t Dartmouth , which has been taken over , more or less. by a group that 1s a private organization. Urban Garden Associat,on And the first nollCe that the residents got that this was happening was on July 7" when they had • • • • • Englewood City Council September 8, 2009 Page 3 two 111t1e signs out on the propeny We looked 1nto Kand cafted about rt, but then we didn"t hear anything more abOut the pro,ect unlj later when rt was accepted by the C,ty Coul1CII that they were go,ng to let them go wad w11h this garden This property was des,gnaled, I think, as a par1c This ,s going 1010 agnculture and I think you have lo have a zone change on that, to begin wth. which hasn't been done I asked Mr Jefferson d he could c:lleck that oul lhe deslgnall<>n.. whether ,twas park or open space But anyhow, we went to the PlaM,ng and Zoning ,n approximately 1998, when 1he1 were g01n9 to tear out aff the northwest Englewood area here to bu1id high rises and thongs The depo' had been moved 1n there In 1992 A house was sllll standtng there and ,t was In 1ernble, lemble shape and t am the one that wenl lo the C,ty aulhonl1es and got the old house tom down that left the property. It was under weeds clear over your head al the tme. It was a mess We went over, my husband and I would c;lean as much as we could over there unUI we got the City to tum l tnto an open space and a park, Which 11 is now T alk,ng to some of the men that worl< on it from the City of Englewood , the IOlal cost to dlange thal onto an open space wrth a spnnkle( system, lrees and grass was pretty close lo $20,000 00. Now you are turning this over to a group that is going to lear It out and, by the head guy's own adm,ss,on, these gardens only last for about a year to two years and then they are finished You have a garden ?n the cocner ol Elab and Eastman. whlCh IS a community garden Iha! is in 1ernble shape nght now and ii has ,nly been going for ~No years. I want to know why the placement... was allowed to do lhis ... and also to look at ,ne future cost to do th,s, because ~ th!S doesn't w lfk, the C,ty ,s going to end up paying almo5t 50% more than they did in 1998 lo gel this done. That IS pretty expensive. Especially with our budget and you've got now ... you've got Shendan com,ng up that they may have to come to us for pofice, fire and 111scue help ,n here. So, I think my suggesbon to the gwts I went down to the meellnQ there Is another lot on the opposde end ol Gatapago and Cornell that Is the same sae and owned by the Cny as a property that they are going to tear oul that IS under weeds al the lime. that has come to our attention since this has come out Whef1 we started out, I called Mt. Jefferson and talked lo him about It and then I talked to a few of the neighbors and they called and , so far, Ne qurt hav,ng them can Mr Jefferson, beeause I have r-,ved over 300 cans on this, against this, thal they don't want this done to this piece of property Many of them have come up With pieces of property that the City owns ,n other areas, where they could do this and rt would be welcome The man that lives next to the property en Comel in the 3000 ~ on West Galapago, would be thrilled to death, because he says he has to caQ the City au the time to get you to come and pul the weeds over there .. and then you don't pock up the trash and he has to pick up the trash 11 has two .. I think there was a duplex on d at one t,me, so you have two water malllS ccmlng in and a sewer Irle there And we can't understand why they can1 move this garden and leave what 1S there. I hve across the street almost from tt and that garden Is used a lol There are a lot of youny children playing there. because they cani play m the park. because the bog luds pd< on them and cause them trouble. so they go over there. There are a lot of mothers who bnng the~ babies over there and they run and play in the park. I had one woman come and can and she said rt became her place of prayer after her husband was executed on a power line on Aurora. She could see Mount Evi,ns and she would srt on my property. 0< on the property Lyle Bentner owned al that lime, and she could meditate and pray So, ii means a lo( to a lol ol people on there. And I w,sh you would go back and reconsider your deasoon and take a look at 11 Consider Wlial we've said with the cosl wlllcll is bad at this time If lhls was not a private organ,zabon. and I understlnd trey have applied for a grant, which ,s good, I work with a group that IS working lo save the old R,versrda Cemelery In Denver and we applied fof a grant We had every I-dotted, every t.oossed, everything and 11. has been two years We we,e accepted for the grant. l>ul we haveni rece1Ved the granl yet In talking to these girls. they plan to have yard sales at the Depot They plan to have a farme<s markel which changes the whole thrng, because now you are go,ng into a busl1ess That property was condemned a Ion'.) bme ago you could not use 11. Thal nobody would plant a garden on rt Ounn,g the northwest Englewood tear out here , I did a soil sample all over It came up condemned and contammated the same as the General Iron Works had the same thmg, as K was used to park the semi's there In the SO's and the so·s. So. I don'I see how they could pass FDA to be able to sell vegetibtes there and I don1 think anybody tS going to want a farmers marllet right there aP the time dunng the summer So. d you will please, go back anti :-cons,der this. We would greaUy 891)reaate It Thank you very muc:ll Mayor WOOdward said thank you Several Council members sa,d thank you (b) Ccleen Mc:Manus, an Eng1ewood resident, said Your Hano:-and C,ty Counal. I thank you le< the opportumty lo speak I Just wanted In regard to selling hours at Jason and Centennial Parks and flO'N you are cons.denng al olf.Jeash areas to please consder an idea 0< an opl101'1 of odd and even days. wrth always considering sporting events firsL Also. on a side note, th, 7 complaints that Code Enle<cement has had.., lhe last 2 years, to my understanding, have not come from E.. .0 .ewoocfs sportmg assoc,at,ons So. you know. we Englewood City Council Septembe r 8, 2009 Page 4 really haven't had a problem with the sporting, It has been more the pavilions and the playground at Jason Park So. maybe. 10< example, having off-leash on odd days or the month and on-leash on even days of the month and maybe rotate that between Jason and Centennial and Duncan. so then. everybody has an opportunity to go somewhere that Is off-leash or Is on-leash that day . It 1s just an Idea that we had. We know that this works on certa., hlki,g llalts '"certam areas Nso, t wanted to ask you and confirm with you that will all parks remain on-leash at all times? I mean, we are not consldenng no dogs allowed, IS the question that I am posing as weu And then. so In the conversations. we havenl .. lt has never really been clear that, you know. at Jason and Centennial that you wit still be able to have your dog on leash al all times We are just talkmg about hours for off-leash . I Just wanted to cfanry that that was what we were discussing . that on-leash IS stm going to be acceptable in all City parks in Englewood. She said okay And then I'm thinking that Duncan Park maybe should be left as ~ is, unW the new Master Plan Is ro!led out a couple of years down the road, which ,t could be II Is actually built and up and running and being used as a multi-use pane, because by adding hours, you might actually cause issues with the park users today That Is av I had to say and thank you for your time. Mayo r Woodward said thank you. (c) Dorothy Haefeti, an Englewood residen~ said and I am sure you've heard au I have to say severa l Umes over and I •ust heard what was said previously about the hours. And I would like to say that if we have to have~ .. 10< me, I would say it would be safer 10< children and young and old If we have dogs on- leashes. But, If we have to have hours, let's don't have them on Saturdays a.nd Sundays with dogs off-leashes, because the families really participate on Saturdays and Su ndays ... all of the picnicking, fishing ar,d sporting, all those th ngs. and we don't need dogs ruMing wild amongst them So, let's ... I'm sure we will hear au ol lhls again on October 5" and we will go through it. And you know where I stand on It, so I'll just say thank you and sit down tonight . Thank you. Several Council members thanked Ms. Haefeh (d) Martha Gnego, an Englewood resident, said after twas at the Study Sessi' .; listening to you an talk about the hours and I feel pretty good that you guys were looking at both sides. Mayor Woodward said we need your address for the record Ms. Griego said you guys don't have It by heart? She the n oave her address But r was listening to you guys. .. does my time start now°' did it get Interrupted? She was told ft starts now. She said t agree with you guys on some of those hours that you did give out and the 6 to 9, I think works really weft, because this gives a chance fOf the elders to be out there and walking their dogs when they want to walk their dogs on leash, It protects them. But the 7.30 to 11 o'clock, I have a sman problem with that I would i ke to see it at 8 o'clock In the evening and the reason Is because of the T •ball. They are out there until after 7 o'clock And so you are going to be running Into the T-batl, because I have been there where they finished playing T - ball, the families have KC or whatever and they are at the pavilions and they are there eat,ng white tile kids are playing. t Just don't want to rush these families because I think, you know, fam ily ties are the bonding and you should realty take the time out and be w~ your family Instead of saying, we got to get out of here at 7:30, the dogs are going to be let IOose. To me, what kind of f•Jn is that fOf a child to know that they can't eal they have to hurry up and eat and ii they want to play, they've got 6 minutes and then they've got to leave the park. So. t would suggest that if It can go unbl 8 o'clock. I mean to me, t think, the people that wanted the dogs to be on- leash at all limes .. I believe we are compromising and you know, to me, It 1s JUSI a hall an hour to have the families to be together t think that wou ld work out great The winter hours, 6 to 11 and 4 to 11 p.m., I thin k is good hours f0< the winter. Bui, I do have to dosagree with the weekends On 7 days a week. again the parks are for the peop le and their fa milies to be together . t have been out there on the south side of the park at 8 o'clock In the m0<ning Just to gel a place to play volleyball with some family members and things like that So to me. you know, we are out there and I'm sure a lot of you guys have had barteques, p,cnlcs where you are out there chitchatting with each other and by the time you know it, the sun has gone down. And you are like. oh wow. ii Is already, yoo know. after 8 o'ci" :;, 8 30 °' what have you. I don't th ink that the families, again, should be rushed dunng the weekends and you know, we have to remember that there Is still Canine Corral and the Littleton dog park for the people that want to use other pa rks. We aren't telling them not to bring their dogs, we are just saying, put the dog on a leash T~at Is alt we are asking So, t don't think that Is a whole lot to ask You guys kept on talking about the socc.er 3ames. Can we move the soccer games up and this and Iha~ welt you know, we've got the families and you need to remember that there are other sports that are being played there And I was Just gell-,g the feel from Jla: meebng, is that you guys were trying to move alt the spoos around Just to accommodate, you know, a, hour here and there for the dogs And to me, we've got two other • • • • • • Englewood City Council September 8, 2009 Page 5 parks nght ctose by In range for them to go ol 11 ,s not su,1able for them. but we have to remember that this IS a peop le's park And 11 ,s hke J,11 stated. that you know, II is l,ke dog and people lh,ng, to soc,ahze at these parks and lo gel together Well, I understand that . but there Is also these other two dog parks lhat people can go and soaahze and be one w,th each other, JUSI hke we want to be one with our families and get together and enjoy the days So. I have a problem with that one The olher thing Is. oh yes, there were some people that came up to me In the community of Jason Park and ha,e come to me and have said that they don 1 want to come here anymore , because they have lost beher in you guys. They are very frustrated with lhe decisions and how long this ,s going and how they have been here and how 1t has been going with their speeches regarding the dogs and they are leelmg like you guys are more out for the dogs than for the people They are really frustrated with that. I mean. I am frustrated too, but I'm sbU here and I'll conbnue to be here until I am satisfied. The same w:lh people from C.entennial Park . So. I would iust appreciate 11 If you guys would really start hstening to th~ peon'e and the families and the children. because this Is really what counts. I mean, we are the ones that are raising these kids to know society, to come to City Council, you know. And like they say , you can't fight City Ha!I. Well, ycu know, If h comes down to you guys vobng with the dogs and having all these hours and this and •~lt we WIii undersland that you can't fight Coty Han that you guys are more or less for the cnH~rs. you know, ~ ,IC'h is really kind of sad . And as Colleen had expressed that having odd and even days ... that is just more ,JHfusi1,g There is no way that we can, okay we can go to lhe park on a Monday or Wednesday or odd days or even days, lhat to me, is you know. you are looking at the weekends again and so you are telling people, well you can·t come to the park on this day, because of this. because of that I don1 see as WOfking. And as far as Duncan Park. lo leave that alone. you are going lo have the domlnos alfect When you put these hours into effect at Jason and Centennial Parks, you can have Northwest Greenbelt and you are going to have Duncan Park and you are going to have the same problems that you have now You may not think so. but look how long It took us to come here and we've been doing this every two weeks since the beginning of summer I did go :o Northwest Greenbelt today to see what that park was like II is a beautiful smaU park There was a couple there and I happened to, you know, ask them are you guys from here and the guy said yes, I'm :,om here and he says I work right down the street So. I asked him what his thoughts were about dogs being off IPesh compared to being on-leash an<' he said he can 't stand it. .. l can't stand It, he says, you know, It bothers -:-e th,· •'Iese dogs are here and this and that So, I told him what was going on tonight and I told him ii h" did, ~ke ,t. I told him to come over here and represent Northwest Park and then that way, they can have, you knr. JI• ,, ·you. I said because there Is no activities here at this park. So. he was fearfu l, he had two lillle kids MIil I,,.,1 ... probably around three and five and he was not happy about that Idea He said that he would go with the set hours that we have, that the other parks will have, but he says that he wants to have set hOUrs or else have the dogs on leash al all times So. you know. we know that is not 901ng to happen, but you know. : think, Iha, If you do the hours and if we have to come back, I would say put the dogs on leash 2417 So that Is my opinion there. Thank you Mayo, Woodward said thank you. Martha Council Member Wilson said thank you (e) Tracy Jones. a Highlands Rancll resldeol said I JUSI have a few notes that I want to say The hours, I agree mostly on the hours, except lo, I don't think it should be seven days a week I think It should iust be Monday through Friday, because th ere are so many activities done on the weekends , not rust the soccer and T-baU but with Just families out there trying to have fun with barbeques. There are a lo t of people who have barbeques and play a p,ckup game of baskelbal o, footban at night and ,t a .,lly last· over an hour Some of you might be thinking that lods shouldn't be al the park past dark o, whale, but there Is a street light 1n the center of Jason Park, so the kids do have light to play In. So . I just th,nk that 8 o'rlock Issue, should go until at least 8 In the evening, Monday through Friday. And I don't think the dogs shoulu .A off the leash on the weekends Your winier hours are fllle I am line with lhal I even mentioned lo a couple of Councilmen that I wouldn't even care If the dogs had the whole park during the winter every day II doesn I bother me because lhere are going to be warm days where we can lake the kids out there, but It ,s Just a few, Just a few days. I lhlnk the hours shou ld go for every park, lncludrng Duncan and Northwest. Jus t because you are going to run Into that problem of people using Duncan Pa rk and then a year frorr now. then they are going to have to do the hours and you are going to have to the fuU wam,ng leeway thong lo, two weeks or a month however long you guys are going to do 11 And ,t Is iust going to be more of a headaclle This way you can get them an done and over with al one time instead of people havmg to come back ond fight th is issue again An~ you guys, I am sure are sick of f1ghlmg ,t I think lhe signs are a great ,dea and I think they should be big ~Igns and when you Englewood City Council September 8, 2009 Pago 6 do pul them up, JUSI lrke the new stop signs lhat are on corne rs wi•h the htl le red flags on them , because 11 deflmlely catches peoples anent10n and they are go.,g lo walk over read 4 and see what the new news 1s also believe that lhe hours should be from 8 al nlghl weekdays and lhe WP.ekends, not 1ust for the lrtUe kids, but for the older kids the teenagers and roi,ng teens who don't have sehool I know some people might think that kids cause problems al parks , but they are a lot better off at the parks than they are al home dorng IIOUung, because that Is when they come up with the worst Ideas anJ decide l o oo worse things Trust me, I knew a lot or them and I know a lot of stuff thal they have done ... 1t rs not good But I think that we are gelling there and hopefully we can all agree on the hours I really hOpe that you guys do a Monday through Friday, nol seven days a week, because 1t is not gorng lo WOfk oul very well Like we said before, we are not saying that no dogs should go to the park, ii Is JUSt when you do go to the park between the hours, for us th at you jusl put your dogs on a leash If you want your dog$ to run off the leash then you could take them to the Canine Corral until Jason Park or whatever hours open up or you could lake them to the next nearest pa rk that you can run your dogs And I think lhat IS rt Thank you very much Mayor Woodward said thank you (f) Kim Love. a l.Jltlelon resident said good evening City Counctl and Honorable Mayor, thank you for your I• ne this evening He sa,d I am also President of Englewood Unleashed and thank you for your time and liste~ing this evenl.ng I would really like to tha nk City Council and the Parks and Recreation Commission for the lime they took to llslen to both sides of lhe issue coocern.~ Ja:.on and Centennial P We respecl the vigorous sland that our worthy opponenls have brought forth and we 3re happy lhal we htve reached a mlleslone of comprorn1Se with lh1s group. I would like lo reiterate that whatever hours we come up wllh in the end , basically hours equal off-leash, so we want to make sure that those are enforced and I think some of the Ideas have come up lonlght In Study Sess,on are good. I lhink you do need to have that public • hme, so I am glad thal you guys are having time for public commenl, so we can all have some Input on the • hours. We would hke the City Council to also consider lhat Englewood Unleashed has org anized cleanups lwice a month during some of lhe bmes that you have scheduled .. or suggeslmg Be,ng off-leash, of course. we come in ... for example ... at this time of the year, we slart al 10:00 am. with a cleanup and thal world be righl In lhe middle of being an on-leash lime So, when we are there cleaning up the park on behatt of Jason or Centen nial, you know, we want lo make sure rlghl now we are only doing It at Jason, lhat we are cleaning up lhe park we start at 10. And 1n the winier IIIT\8, we move ~ lo 12, because mosl of the lime in lhe winier we are lhe only group thal Is there al all .. is famines wilh dogs. So we move It to 12 noon specifically, because as you know, ,11s way too cold 1n the Winier lo have a brunch and cleanup si nce as you are probably aw~re, the dog parts stick lo the ground and they are difficult to get up anyway since they are frozen ... so lhat is why we move rt to noon So, we would hke that lo be a part of your consideral:0.1 We also strongly suggest that Council consid er winter hours, which would be basically Novemter through February, as being on-teash, because often we are the only groups lhal are In the park. Ou r families are also there in the park both on weekdays and weekends. Our famihes like to use the park as well with dogs and especially on weekends, so winter hours are unportant to us as well. Because. again, we are probably the only ones lhere, II is very rare to see children on lhe playground equ1pmen1 because, you know, usually too cold to be s,tt,ng on. We respectfully disagree with Martha When T-ba ll slops al 7'00 p.m., we walch and I've been there, I've watched many times, lhe cluldren so do the paren~. so we think thal 7 00 or 7 30 pm i s really a fair compromise Because we would like to have at least some daylight hours to b1• ablJ to be there. The best in summer, we are 1atkmg about 8 30 and n starts to get dark. so 1t gives us basicall) ,~ 11.:•Jr less lime lo have hghl to use 11,e dog park Mosl dog pork users don't stay past dark There are a few excepbons, but most of them don't stay past dark Englewood UnleaShed understands that government leglslatl•~ takes bme We commend tho City Council for liste ning to both sides and scheduling pubric cornmenl This .., the way represenlatrve government should work, so we commend all of you for doing thal I arpreclale yo~· lime this even,ng Thank you Mayor Woodward said thank " (g) Mallhew Crabtree, an Englewood res,denl, said good evening You know, I have been lrsten,ng • 10 1h1s conversation about the dogs and made my commenls lasl time aboul let's nnd a permanent solul10n for this problem It seems al th,s poml, the other side Is 1n1erested In seU,ng limes and specific hours I go with Joe and John. lhat this 1s probably not go,ng to be a permanenl solut10n, but we hope II is The l hlng 10 consider here !hough , Is let's not keep mov,ng the limes Whal you have Is you've got t 1 hours or proposed 1.<ne. you have 11 hours for dogs and 5 hours for people I think there is a concess ion bemg made he re by the other side • • • Englewood City Council September B, 2009 Page 7 Lei's not keep squeezing that down or pretty soon hke at noon, and then you are going to have what, 3 hours, 4 hours? Lei's rl"I do that These parks are for equal use. Let's not make one particular group feel that they can't use the park and then enforce specoroc times But I U.nk this time thing will work oot well for another reason The core problem here, I think with Jason Park, Is that these parl<s are getting over used I don't think that any point when the park was first elf-leash that ii was a problem. unlit II started getting out there ... this park started getting used and used and used, more people showed up, more people showed up, more people showed up. The one thing that this will do, If you enforce this ac,oss the table al every park with this time, It WIii limit people and ... I shouldn't say hrn1t... but It will discourage people from gomg lo one specoroc park and~ win discourage people from usi ng this one spec,fic pa rk for dog use. I think II has an opportunity lo even It out across the board and I think that will fix the problem But don't leave one park totally elf-leash I don't think that is going to fllC the problem Now as for the other comments, yoo know, I have been sitting here attending these meetings for quite some time and I don't think at any point anybody has ever said , no dogs allowed in the park. Lei 's make that really clear right now. I think that wou ld be a terrible Idea and one more thing. You know, Kirn, I have to commend yoo for. and Englewood Unleashed ... ! have to commend you guys for your dedication and your passion for this issue. We may have different views on this, but I commend yoo lo, thaL Bel!eve me, I've been passionate about a few things over the last coople of years before Council...just a dilferenl perspective Bu t let's come to a compromise that both sides can really agree on. Thank you for your time . Mayor WoodWard said thank yoo (h) Jackie Edwards, an Englewood resident, said I have nothing prepared. I thought Doug Cohn was going to be here. I am part of the Englewood Days Committee and I would just like to really thar,k all or yoo for yoor support, for helping us do our car show, and spotlight on Englewood and the whole extravaganza. I th ink it turned out very nlce1y and you helped us make that possible So thank you very much . Several Couoot members said thank you There was applause. 8. Communications, Proclarnatlon1 and Appolntrnenl1 There were no cornmunicatJons. proclamations or appointments. 9. Consent Ag enda (a) Approval or Ordinances on First Ruding There were no additional items submitted for approval on first reading. (See Agenda Item 11) (b) Approval of Ordinances on Second Reading Th ere were no items submitted fo r approval on second reading . (c) Resolut10ns and Mollons There were no addillona l resolutions or motions submitted for approval. (See Agenda Item 11) 10. Public Hea ring Items No public hearing was scheduled before Council. t 1. Ordinanc11, Resol ution and Motio ns (a) Approval of Ordinances on First Reading (1) D•ector of Fonance and AdrnImstrabve Services Gryglewocz presenled a recommendation lrom the Finance and Administrative Services Department to approve the proposed amended bill for an ordinance amending 4-4-4-7C ol the Eng lewood Mun icipal Code , pertaining to license for retailer and vendor fees He said. as yoo wd l recall. this Issue was actuafly passed on first reading at the last rneetl,g , but Eng lewood City Councll September 8, 2009 Page 8 unfortunately the effect,ve date, whoch was discussed w,th Councd at Study Session was not included ,n the ordinance So. this Is coming back 10 Council effective January 1. 20 10. The vendor fee for the collect1on or sates tax will go from .5% to 25% The reason for lh1s ,s we estimate that this w,U save about S48,000 00, which will help maintain the services and staff that the citizens of Englewood have come 10 rely on Mayor Woodward asked if there were any questions for Frank There were none COU NCIL MEM BER McCA SLI N MOVED, AND COUNCIL MEMBER PENN SECONDED , TO APPROVE AGENDA ITEM 11 (•I (I)-AMENDED COUNCIL BILL NO. 36. COUNCI L BILL NO. 36. INTRODUCED BY COUNCIL MEMBER WILSON/McCASLIN AN AMENDED BILL FOR AN ORDINANCE AMENDING TITLE 4. CHAPTER 4, SECTION 4, SUBSECTION 7(C), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAI NING TO RETAILER ANO VENDOR FEES FOR SALES TAX LICENSES Mayor Woodward asked if there were any comments Mayor Woodward said with this change. thi s goes back to first reading. Vote results: Motlon carried Ayes. Nays, Council Membelli Penn, Mccaslin, Moore, Woodwa1d, Jefferson , Wilson, Oakley None (II) Deputy Chief or Police Collins pres ented a recommendation from the Police Oepartn ,' to adopt a bill for an ordnance au1horiztng th acceptance of the Community Oriented Policing Services Hiring Recovery Program Grant No 2009RKWX0181. He said the Police Department Is requestmg that you adopt this bin tor an ordinance which win anow the Police Department to accept the COPS grant award In the amount of $697,1 46 .00. The grant In and of it self provides for salary and benefits of three entry level porice officers over a period of three years The Police Oepanment w,Q be required to maintain those positions In the fourlh year, That Is a prereq uisite of the grant Also, we are required to maintain our staffing levels that we had at the time the grant was sent inlo the feds. The Police Department inlends to use this award as a springboa rd, if you will, to re-establish the Impact team, which was a significant community policing tool that we had In years past Wi1h that befl9 said, If you have any questions. Mayor Woodward asked rf there we1e any questions The1e were none Councd Member Moore said Mayor k would be my t\onor to move Council Bill No 38 forward I was on Council years ago when we, unfortunalely, had to lel go of the impact team and ,t has been something that many of us have advocated for every year since, but just have never had the funding. Although there are strings attached. the opportunrty to get nearly $700 ,000.00 from the federal government to remstate this, I think, Is just a tremendous opportumty for the community I never guessed that I would actually see It happen before I got off of Counci l With that, I would be very hcnored to move this forward COU NCIL MEMBER MOORE MOVED, AN D COUNCIL MEMBER WILSON SE CONDED, TO APPROVE AGENDA ITEM 11 (1) (It)· COUNCIL BILL NO. 38 , COUNCIL BILL NO 38, INTRODUCED BY COUNCIL MEMBER MOORE • • A BILL FOR AN ORDINANCE AUTHORIZI NG THE ACCEPTANCE OF COPS HIRI NG RECOVERY • PROGRAM (CHRP) 2009 GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE. OFFICE OF COMMUNITY ORIENTED POLICING SERVICES #2009RKWX0181. Mayor \l'/oodward asked ,f there were any comments • • Englewood City Council September 8, 2009 Page 9 Mayor Woodward said I would li ke 10 second what John sa id YoJ had mentioned that there riad be et a number oJ us that... Jor me sinc e be,ng on Council .. and my firs\ bl i3e\ retreat... trymg to work out~ .,:urc out how to get the Impact team back and finally that opportunity is there And I just wanted to po int out t<.J. Jod ask the question you point out here that the re were 103 law enforcement agencies in Colorado tha t app li e,, ror this grant and how many in Co lorado d•d receive it? Deputy Chier Colli"• replied 13. Mayor Woodward sa id ·i~ I recall, \he City of Englewood and you r program for \he im pact team w ,,. :anked number one in the Stale . Deputy Ch ief Coll ins said yes . num ber one in the State So , Mayor Woodward sa id congratulations ... th ~• ;ays someth ing about that program I thank there is a big impact \hat :~at will have on the commun ity again Mayor Woodward asked if there were any other comments Counc il Member Oakley sa,d I wd l be voting yes with reservations, because of the stipulation that we cannot layoff any police officers du ring that time frame . If we get to the point where we have to layoff employees , in all other departments , it is going to make them exempt , but I understand that it is In !he proposa l and it's either lake 1t or leave it. so I will be voling for it •.;io yo r Woodward asked anyone else . There were no addit iona l comme nts . Vote results : Motion carried . Ayes : Council Memhers Penn , McCa~hn , Moore , Woodward , Jefferson, Wilson , Oakley Nays : None (iii) Housing Finance Specialist Grlm'Tlelt presented a recommendation from the Commun ity Development Department to approve a bill for an ordlnaoce authorizing a Sta:~ -,f Colorado Oepartmenl of Local Affairs Community Deve lopmen t Block Grant Ne ighborhood Stabilizaliun Program Granl Agreement. She said I'm here this evening to ask Council lo consider entering inlo an agreement for a grant agreement with lhe State of Co lorado , to receive $1 ,253,37 9.00 as part of 11·.e Hous ing and Economic Recove ry Act , otherwise known as Nallonal Stabilization Program . The particular program was an app li cation lhat we submitted to the Slate ,n March. It was approved by the Hous ing Board at that particular lime in July . The fund in g thal we will be receiving is specifica lly deemed to purchase a minimum, Ini tia lly , of 6 housP.s that we will then leverage into 40 houses that are foreclosed prope rties owned by lenders that are scattered throughcul the City of Eng lewood . The areas lhat we will be working In are specified as 10 of the 13 census tracks that were ident ified as high areas with foreclosure problems in those particular jurisdictions . The program also has a limited time with which we can spend the fund ing . The monoy Is a lime clock starting at the llme the State received the funding in March, so we must commil all funds by September 2010 The households that we will be serving are meeting Income requ iremen ts stipulated in the program of 120% of the area median Income as sel by HUD and a minimum 25% of those must serve fam ilies that are at 50% or tower. We are requ ired that. .. of the 1 O houses lhat are in our agreement thal 3 of lhose houses will be sold to families that are in that 50% area med ian category We will be giving priority to fam ilies that are servlng ... are partic ipating with fa mily self-sufficiency programs , such as the one with the Englewood Hous in g Authority . Min imum pu !c hase prices will be at a 1% discount of the appraised va lue , as we purchase them from lenders There is an ~d m1mst1ative fee of up lo 2% that we will be able 10 retain , as we ll ~s a developer fee . The project is working 1owards getting underway , We have existing staff lhat has the expertise to be able to initiate and operate this particu lar program . It is in te nded that Fund 46 . the Housing Rehabllitahon Fund. will cover all of the initial costs of the part ic ular prog ram . We will use leve raging that we have with our existing partne r banks, as well as be &b le lo try to leverage with add itiona l banks , so that we can acquire the full 10 that we need to , lo meet our goals of th is particular program The proceeds must be completely spent with all properties sold by March of 2013, which is the conclusion of our grant agreement IJ we do not have the properties sold by that particular time, we may be required for a time being to hold them as rentals until such time as we can get them sold , after the fact. The Intent Is lhat the funding be retuned to the State , so lhat other communities in the State , that have experienced foreclosure . can have that money recycled to them ,t does not preclude that Englewood at that time could not reapply and depending on what the program Is at thal point , we may do so So , we ask Council's approval of this grant agreement. so that we may be able to rece ive the funds and start the program Any questions? Mayor Woodward asked 1f there were any questions Englewood City Council September B, 2009 Page 10 Mayor Woodward sard I have one maybe two I noticed in lhe ordinance it says 25% of all funds shall be used to serve fam,IJeS whose income does not exceed 50% of AMI, However, In Exhibit B, page t of 7, 1 1. a says 30% of these funds will serve households with incomes al or below 50% of AMI Which is there a It says 30% and 25%. Is there ... am I missing somelhilg there? Houslng Finance Specialist Gnmmell replied no you are nol The m,n,mum federal requirement was a minimum 25% and that Is also stated 1f yo11 look at the sam£ exhibit, It's on page 6 of Exhibit B of the agreement, in paragraph 8 4 Eligible Households. rt restates the 25% So, that's what we're referencing It ,s a minimum the Slate has opted that 25% .. because they designed and d<> lgnated three households, It comes out to two and one-half and they just rounded up, making tt three Three being 30'4 of the total ten, It's not a discrepancy, It's iust the way they decided to state It. Mayor Woodward said okay. Mayor Woodward said and the other question. Going back to ... rt was months ago when we initially did this .. it seemed to me that we had to purchase the properties al a reduced rate from the banks or from the mortgage companies. Has that been lifted, that requirement? Ms. Grimmett replied It has not been Hfted, bl~.\••! ken modified. The initial requirement was that we were to purchase at a minimum 5% dlscounl averaging 10 to 15%, I think the Congress re-thought that and in later le!,!•latJoo, that I believe was passed with the ERA, the percentage was decreased down to 1% of the current appraised value , so that Is what is In effect at ttus time Mayor Woodward said okay, That's great. So we buy them for less ... 1% less and sell them Ms Gmvnett stated that we sell It for cost, acquisition and rehab oosl Mayor Woodward said that's au the q1..,stions I had. COUNCIL MEMBEI{ WILS ON MOVED, AND COUNCIL MEMBER McCAS LIN SECO NDED, TO APPROVE AGENDA ITEM 11 {a} (Ill}· COUNCI L Bill NO. ◄O. COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER WILSON A BILL FOR AN ORDINANCE AUTHORIZING A STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG} NEIGHBORHOOD STABLIZAT ION PROGRAM (NSP) GRANT AGREEMENT, Mayor Woodward asked If there were any other r;omments. There were none. Council Member Jefferson said I would also Jus: oommenl that I think in Exhibit C, we see a lot of the maximums as far as Income and rent limits and I am Just ~opeful that many of these wiU go to folks who are weU below the medium income In our community. Mayor Woodward said I just wam lo state my appreclahon for an your wort< on working on this nelghbomood stabilization grant program. I know you have put a lot of work into It and a lol of time And a very successful 1 2 mlnoon for Englewood IS great. Mayor Woodward said if there are no other comments, please vole Vote results: Motion carried. Ayes Council Members Penn. McCaslm, Moore, Woodward, Jefferson, Wilson, Oakley Nays None (Iv) Deputy Chief of Police Collins prese nted a recommendation from the Police • • Department to adopt a bill for an ordinance authortzing the acceptance of a Colorado Auto Theft Prevention Authority grant. He said the Police Departments from Englewood, Sheridan and Littleton submitted a joint appllcallon lo the Colorado Auto Theft Prevention Aulhonty requssting funding In the amOU'\t of $199,228 00. • We recognize that there Is a fa,~y s,gmficant problem w,lh auto theft In the south end of the communities and we wanted to get together, share our thoughts, resources and cap,tat equipment and that Is the reason for the appllcaloo. The grant was awarded and approved and the City of Englewood will realize roughly $16,675 00 In overtime costs that will be provrded lo our off,eers who w111 partiCipate m some of these special ops, 1f you win And as wen as receiv,ng the automated license plate reader aod that particular piece of capital Is valued at • • Englewood City Councll September 8, 2009 Page 11 S22,000 CO Thal will enhance our abilities at identifying and local ing slolen vehicles So. wllh your approval, we will be &~le to accept the award Mayor Woodward asked 1f lhere were any quest10ns There were none COUNCIL MEMBER OAKLEY MOVEO, AND COU NCIL MEMBER JEFFERSON SECO NDED, TO APPROVE AGENDA ITEM 11 (a) (Iv)· COUNCIL BILL NO. ◄1 , COU NCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER OAKLEY A BILL FO R AN ORD INANCE AUTHORIZI NG ACCEPTANCE OF A JOINT GRANT FRO M TH E COLORADO -.uro THEFT PREVENTION AUTHORITY (CnPA) BETWEEN THE CITY OF ENGLEWOOD. COLORADO. fliE CITY OF LlffiETON, COLORADO AND fHE CITY OF SHERIDAN, COLORADO. fltayor Woodward asked ~ lhere were any comments or d1scuss10n. There were none 'Jort results: Mo· ,n carried. Ayes Council Members Penn, McCaslin, Moore, Woodward, Jefferson, Wilson, Oakley Nays. None (b) Approval of Ordinances on Second Reading Tllere were no items submitted 10< approval on second reading . (c) Resolutions and M<>tions (Q Economic Development Coordinator Hollingsworth presenled a rec0<nmendation from Community Development Department to authorize a resolution assig ni ng Englf!wood's 2009 Privale Activity Bond Cap Allocation to the Colorado Housing and Finance Authority for home ownership programs. He said this assignment represents a cap amount of $1 ,458,875,00. This matter was ,:llscussed by City Council at Its August 1711 meeting. Since 2002, Eng lewood has assigned the Private Activity Bond Cap to CHFA in support of home ownership programs If Englewood ooes not assign or use Its PAB Cap allocallon, the bonding cap would revert back to the Stale of Colorado's Department of Local Affairs, to be used for other eligible projecis around the Stale. Assigning the PAB Cap to CHFA, is an attempt to make sure these dollars are used wrttun Englewood. That concludes my comments. I'd be happy to respond to any questions. Mayor Woodward asked If there were any quesbons There were none COUNCIL MEMBER WILSON MOVED, ANO COUNCIL MEMBER McCASLIN SECO NDED, TO APPROVE AGENDA ITEM 11 (c) (If· RESOLUTION NO. 67, SERIES OF 2009. RESOLUTION NO. 67. SEI UES OF 2009 A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AU fHORITY OF A PRIVATE ACTIVITY BONO ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT Mayor Woodward asked if there were any comments • Council Member Jefferson said I'm glad to hear that some of those funds will be coming bac k lo Eng lewood. Vote results: Ayes Council Members Penn . McCashn. Moore , Woodward, Jeffe~on. Wilson, Oakley Nays None Englewood City Council September 8, 2009 Pagt 12 Motion carried Mayor Woodward said thank you Darren (II) Director of Finance and Administra~ve Services Gryglewicz presented a recommendation from the Finance and Administrative Services Department to approve a resolution transferring funds from various funds to the General Fund. He said these were discussed during the budgetary discussions that we·ve had w,th Council during 2C09. t don1 think I need to remind Councn that revenues have been Ught this year. We have looked for ways to shore up some of those losses. These transfers w,11 help do that and they were included In the budget discussions. I'll go through those briefly. From the Public Improvement Fund. $115 ,000.00 transferred to the General t=und ; from the Golf Course Fund, S100,000 .00 transferred lo the General Fund; and from the Donors Fund, S30,000.00 to the General Fund. Those will all go lo the Urweservedll/ndeslgnaled Fund Balance. Mayor Woodward asked if there were any questions. There were none. COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESO LUTION NO. 61, SERIES OF 2009. RESOLUTION NO 68, SERIES OF 2009 A RESOLUTION TRANSFERRI NG FUNDS FROM VAR IOUS FUNDS TO THE GENERAL FUND. Maye>( Woodward asked ff there were any comments There were none. Vote reaulta: Ayes: Nays Motion carried. Council Members Penn, McCashn, Moore, Woodward, Jefferson, Wilson, Oakley None (Ill) Director of Community Development White presented a recommendation from the • • r-..ommunity Development Department to approve a resolution authorizing the transfer of ownership of various pan:els of land from the Englewood Urban Renewal Authority to the City of EngleNOOd. He said this is essenliaRy a ciean-up Item. We discussed chis several times last year and I'm fmally gelling lll'OUnd to finahzing action on this particular Item. What the resolution does Is have the City accept ownership of several parcels of property that were acquired by the EURA in the mid 80's as part of the urban renewal projects that were Initiated In the City. Referring to the map and the chart that was Included In your packet... the parcels Included In this transfer of ownership are colOred In yellow and they're numbered as · 16, 19, 20, 21 , 38, 39, 40, 41 , 46, 47 , 51, and 53. These are an currently parcels that are either used for street purposes , drainage way purposes, 0< in ooe Instance, part of a parking lot that the City maintains. An of these parcels have been maintained by either Public Works Department or the Parks and Recrea tion Department as open space, or drainage ways or right-of- ways, throughout the years So, there really Is no additional burden that the City Is taking on by accepting the ownership of these parcels from EURA The parcels not included in this Include, again referring to the map: pareels 18, which Is localed at the comer of Elati and Floyd Avenue: 24 , 25, 26, and 27, known as the Acoma property; and parcel 29, which Is a small parcel at...l hat fronls on Broadway, at about Englewood Parkway We did seek a recommendation from the Urban Renewal Authority for this transfer of ownership and they did recommend that these parcels be transferred to the City. We also sought a recommendation from the Parks and Recreation Commission, baci< In November of last year, for those parcell that the Parks and Recteatlon Oepartm-.nt would be concerned with. the drainaue way and the open space parcels, and they did recommend that the City accept the ownership of those parcels. Staff Is rec:>mmending chat Council adopt the reSOlutlon that Is being presented and I'd be happy to answer any questions that you may have. • Mayor Woodward asked if there are any questions. There were none. COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMB ER PENN SECONDED, TO AP PROVE AGENDA ITEM 11 (c) (Ill) • RESOLUTION NO. 69, SERIES OF 2009. • • • Englewood City Council September 8, 2009 Paga 13 RESOLUTION NO. 69, SERIES OF 2009 A RESOLUTION AUTHORIZING THE TRANSFER OF OWNERSH IP OF VARIOUS PARCELS OF LAND FROM THE. ENGLEWOOD URBAN RENEWAL AUTHORITY (EURA) TO THE CITY OF ENGLEWOOD, COLORADO. Mayor Woodward asked if there ,s any d,scuss,on , There was none Vote results: Motion carrii,d, Ayes· Council Members Pe:•n , Mccaslin, Moore, Woodward, Jefferson, Wilson, Oakley Nays· None 12. General Discussion {a) Mayofs Choice (I) Mayor Woodward smd Jaclcle, I would fike to congratulate you, Randy, the Englewood Days commi ttee of Doug Cohn, and Chns Duis ... the Greater Englewood Chamber of Commerce, and an of the people that were lnvotved. Englewood Unleashed, the City, and all kinds of people ... for Englewood Days It was .. .>f the three that I have been around for, it was, by far I think, the most successful I know l spent the day, up until around 4:00, on the west side with the census and saw a lot of people. But in driving by the east side , on my scooter a couple of Umes, I noticed there were a lot more people on the east side So, It was probably one of the biggest events we've had ,n town and I though' a was ·1ery successful I have heard nothing but positive things about IL So congratulations and tha,1k you . (II) Mayor Woodward said ne,d I'd lik• :o mention that last Thursday, I did attend the open house for the ea~y chddhood development at 'Aaddor what used to be Maddox Elementary They are now open and have been open since July. But it Is a new facility. The~ have moved over from Lowen and I believe, from Clayton. ,att into one building I think there are some real good things that can happen there, In that, I'm sure that their enrollment Is going to increase over the years with their ear ly childhood program. (Ill) Mayor Woodward said also Thursday night I attendej the disaster house event In Emerson Park. I didn't know what to expect. i f people don't know what the disaster house Is, It Is a house that has gone through disasters all summer long. That is, elephants have clogged thtl plumbing. roller derby people have gone through and broken the walls, they dropped a ear from 70 feet In the air onto the driveway and this has all been filmed for a program on DYi -TV and I believe It Is for October 6". I think ,t Is a three part series I know, certainly, Gan; Sears, the City Manager, has a number of stories that he could tell about desires of lhe producers such as jet engines, rock and roll bands, and some things like thal Golf balls floMng out of helicopters. City Manager Sears saJd h would be like hail Mayor Woodward said, In any event, the event at the park, at Emerson Park, was qt1fte pos1t1Ve The community people that were around the neignbofhood, and I know that some were very up,,et especlaUy next door neighbors .. that part of their landscaping was scorched when they pulled out blow torches ... but there were a number of community members that really got engaged on ii ;,nd built relationships with the crews there. So, they showed us a couple of the actual shaws, including lhe car dropping ... first, from 50 feet, and all h dod was crack the sidewalk, so they decided they had to bring k up higher to do the damage that was needed to show the repi:ir. It was pretty amazing. Throwing things Jo,;n the stairs 1n that house was something efse too. They got luggage carriers from the airport to throw, starUng With suitcases, which did nothing but bounce, and moved to all kinds of things ... ending with an anvil that It look three people to swing and throw down these stairs And then lhis crew dld all of these reoairs You may have seen It last Tuesday or Wednesday evening, on 9News It was the house that had the dump truck s1ll1ng on il upside down, and then rt crashed down By, I th,nk rt was 10 00 the next mom!ng, the sne was demoll5™;d and cleared So, there is going to be a new house going up there (t,) Council Members' Choice Enolewood City Council September 8 , 2009 Page 1◄ (I) Council Member Penn 1 He said again, congralu lat1ons to the four gentlemen on the life savmg award I happen to know almost all of them . .I know them all What a great thmg that they did It was Just amazmg that they cou ld do that Congrats to them again 2 He said the Englewood Days Jackie Is to be commended, I think we started In January and have been working on It. Gary, if you would pass on lo everybody from the City of Englewood , ihal all of the help that you guys gave us and arranged for us .. , got us through this. I t oo, like the Mayor .. th in k It was an excellent thing for Englewood Hopefully, we brought 5,000 lo 8,000 people dowr. lo Eng lewood and that was something Unf011unately, we'I start talking about ~ in January again So, we'll get ~ gouig We welcome any, any suggesbOns because the committee Is meebng again. I know we want to make ft better and lhe only way we can, Is d we have your Input. I know that I lalke'.1 to Joe today and he has already got his survey from us. Please fill them out and be critical, so that we can make it better and we can get that going That's really all that I have It has been a great week . So, thank you . (H) Council Merrl,er McCaslln 1, He sald I would also like to commend Englewood Days. It was great It started at 7 on lhe mom,ng with breakfast with the Mayor, which I enJoyed, kind of. There was laughter, I enJoyed all of the vendors. I have a few suggestions , so I'd like to be on lhat list. rle said Wednesday night I attended the School Board Meeting, They were so Impressed by Englewood Days They loved It, I can't tell you ... the positive comments ... from all of the principals, to the superintendent that attended the Englewood Foundation ... they couldn 't talk enough about it. It was so pos,bve. In facl. I walked -Y from Iha! School Board Meeting feeling we are headed In a • new direction, especially with the school district They couldn't say enough positJve thi ngs about Englewood • Days, so if you would please p~ ,s 1t on II was a great day. 2. He said, again, spea king about the school, I th ink we've come a long way to build that relationship back with the school district and I definitely belleve ... iust by listening to the supenntendent on down, that we are headed in the right direction Mayor Woodward said thank you Bob (Iii) Cou ncil Member Oak ley : 1. He said I loo anended Englewood Days. I spent most of the bme over on the east side, since I am a classic car buff I did notice that the parking lot on Acoma was completely full. The Masonic Temple lot was completely full, Ca11 were loned up and down the streets aft around there. I've attended all of them and that was by far the biggest crowd I've seen there. I especially enjoye~ the noon dedication to our coun try and to our servicemen and women. That went off rea l well. 2. He said .. movong on to the ladles that appeared •. who were !dlkmg about the garden I too asked thal question when we first started to do thal 11 we couldn't find sometr.ng lhat was needed that needed more Improvement and move it there, but we didn't come up with this at that bme So, if there ,s anolher lo! close by that we can take a look at, I don't th ink thal wou ld hurt anything. 3. He said on lhe question of have we ever considered not allowing unleashed dogs In the parks. my answer is no, I've never considered th111 and I don1 think anybody else has edhe r. The other thing we haven't considered os weekends and I'm sure lhat will come up In ou1 future doscuss,ons, so I'll let that go unlil that tme Mayor Woodward said thank you Wayne (Iv) Council Meml ar Wilson· She sad wngratulabons to lhe staff In help,ng that gentleman Thats huge I hope they are there 1f something happens 10 me • • • Englewood City Council September 8, 2009 Page 15 2. She said congratulat,ons to Englewood Days Tha1 ·s grand She said lo lh e peop le around the dog park sItua11on thank you all fer coming ag~,n Good to see you 4. She said to Mart,, wit h the garden , it did go th rough all 01 the proper cha nnels and ,t did go lo P & Z. It 1s not a private group it's the Cultural Arts Commission , whic h Is citizens ... a group of c,tizens working and partnering with Denver Urban Gardens . They have the grant money that we will be using They are working on lhe ir 90" garden . There won 't be a Farmer's Markel there , or if there was , II was misimerpreted . But whal we w,11 have is plots for homeless shelters . So. lhey always need food and so we will have plots that will just be spec ifically for them , and the food banks that are in Englewood . I will try lo get In touch with Mart i aml also connect her with some or the people that may have certa in ques tions that she needs answered and we can go forward with that . That's It . Mayor Woodward sa id thank you Jill M Council Member Jetterson : 1. He said I too had a ~Iost at Eng lewood Days , I was on the east side hand in g out free samples from the Twin Dragon . I wil , o~;ee · l wild success it was for the whole community . Just kudos to everybody who worked on thal 2. He said I also just wanted to than k the gentlemen who rece ived the award ror their seivice to our C,ty tonighl We talk about a lot of things , but none of them are lifo and death So , when something lik e that comes up , it ,s really nice to see the se,v ice to the commun ity in a rea l li fe or death situation . 3. He said ... just some comments on the dlsas1er house . I did nol anend the ir party there , but I just hope that in the future maybe we will be a little more considerate of some of the neighborhoods . I hea rd a lot of complaints from a tot of the neighbcrs there and ii wo uld be ditterent, I th ink , if there was some ben efit to our community, but I didn 't see rea ll y any benefit besides ... I actua ll y didn 't really see any benefit and just thought It was a little bit disruptive to ~ome of our res identia l areas there . I just hope that. from a pol icy pt-,spective in the future , we wi ll be a little more conservative about •vhat we appro11e In the res idential areas . Mayor Woodward sa id just lo add to thal , I think a lillle :nore ir'-,rmation next time too . Counc d Member Jefferson said agreed , agreed I think we all sort of learned c,:, 1~sson I'll say cand idly that I was caught off guard , as were the rest of us, ,n not know ing what lo expect and nol knowing what was go in g to happen . I thought that we had a reasonab le amount of information going from the beg inning , but I realized about ha lf way th rough ii lhal we didn 't... we were knee deep by that po int and we didn't really know what to expect Again , I'll just say lhat In the future , I JUSI would lik e for us to be a t,ttte bit more conseivative about what we app rove in residential areas , adm ini stralive ly. 4. He said to Linda and Mart i, I wanted to tha nk them for coming down and express ing the ir concerns aboul the community garden I will echo J,tr s comments lhat . yes I agree that it did go through the orope; ~hannels ... an~ nolices ... and I was actually surprised that I probably recei ved abo ut frve calls from c,tizens on the issue . who cla imed that they had no notice and they didn 't know what was going on and they had lots of questions and concerns about the gardens . And so I'm hopeful that I can . we can . put her In contact with the ri ght people , address some of these concerns and see if th is alleviates a lol of the ir conc erns or if ii is somethin g that lhe rest of Council would be will ing to consider. I'm open-minded to the idea of takin g I to a different locat,on Council Member Wilson said also ... can send those people my way ? Council Member Jeffe rson sa id I certa inly will ... thank you for rhat , beca use I wasn't able lo answer all of !hei r quest ions . Ms W,lson said that wou ld be fine and If I can ·t answer quest ions, 1·11 find out about ii Mr Jeffe rson said I suggested lhey come down and 1ust be ab le to all ta lk about ii.. and meet...and whatnot I thought that perhaps th ey wou ld slick around , ~u l i certa inl y understand why they didn 't But I w,II pass along th eir conta ct in fo rmatio n to you Englewood City Council September 8, 2009 Page 16 5. He said thank you rolks .. talking about the ott-leash issue . for your comments I am sure we will see you at the Publ,c Hearing and we will have plenty of opportunity for addthonal comments I think you win be able to hear a IOI more •bout what we have to say as well 13. City Mani.ger's Report (a) City MJnager Sears said I 1ust wanted lo lel Council know that the reason why we had the IWO budgetary issues in the packet was, one. to let you know that we are pnnung the budgeL You should have the budget by next Monday nlghl The budget reffects the changes that Frank Gryglewicz put N1to that The budgets are moving targets . there are things that are happening lrom one week to the next and so we've Incorporated these changes Into the budgel I think the spreadsheet that Frank included will provide e summary of where those amounts are But as we talked about... especially with potential transfers from the L TAR Fund .. the nu1nbers are changed per what's In the packet Information that you got (b) City Manager Sears said part of the reason for the health Insurance discussion tonight w2s lo lel Council know that we have gone for a zero percent Increase. We were able to work with Kaiser to come up with an opportunity for a zero increase into our budgel. which means lhal there Is an additional St23,000 00 transfer back into the General Fund meanN1g less of a transfer needed from the L TAR Fund. Part of that to achieve that.. is a change of some of our amounls ... or contributions by emplOyees that require Memorandums of Agreements with our unions We have met with the unions. Mike and Sue have been involved with doing that. And we have also sent a letter out to employees rega rding this proposed change. And, so far, ii has been very posiUvely accepted The preliminary with the unions has been very posiUve. They have some more meetings for later this week, but this is really to notify you of the change that we are proposing , again. 1n the budget, as a final piece. (c) City Manager Sears said I w,11 be gone on vacation and also at a conrerence over the next week and a half. Mike will be here next Monday night and Mike, Sue and Frank can answer any questions lhal Council may have. I can try to address those, if Council has any. Thal was the primary reason why those two Items were on tt.e agenda Just really a nollficalion as you get your budget document this next week 11'.al those changes will be In effect. Unless there are any questions, that is all that I have Council Member Jefferson said, before we adJOUm, l would JUSI like to go bacl< to our s,gn code discussion I know we don't want to get too deep into this, because we decided no1 to continue the Study Session after lhis meeting. ~o I will try nol lo belabor It too much here. But I guess l would Just ask other Council people if any of therri feel comrortable, al this time, wilh directing staff to wilhhold enforcement until we are able to gel our arms around the Issue. Or ,f this needs lo have further discussion before or 1ust no. Ma;:,: Woodward said, speaking for mysett, the idea was to bnog it back next Monday on the Agenda for lhe Study Session So, we would be in no d1flerenl place than we would be lon,ght. Council Member Jefferson said so there aren't any businesses who are under a t,me restraint \o come Into compliance before further enforcement aeuon will take place? c,ty Manager Sears said ii is my understanding that we have given wam,ngs to the Individuals Tom. would you speak to that Police Chier Vandermee said yes. all have received warnings and so far, all have voluntarily come lnlo compliance for lhe hme being, Council Member Jef ,.,.son said okay So, d there was an addrhonal v,olation. we would again go through the p1ocess of gMng them notice and an opportunity to come back into compliance. Correct? Pol,ce Chief • • Vandemnee said a first complain! would reqwe a notice of violation that gives them 7 days to correct ,1 and • lhen we would give them a warning beyond that. Mayor Woodward said I think 11 also gives us the opportunity Joe. to have ACE's input. which meets this wP.ek And I think that would be of value • Englewood City Council September 8, 2009 Page 17 Council Membt • Jeffers:>n said agreed okay Now that I have a little better understanding ol where we are at on the enf01cerr, nt process, I am happy to defer it to next Monday. 14 Clcy Altomey'1 Report City Attomey Brotzman did not have any matters to bnng bef01e Councll 15 AdJoumment ow,_ .. Z"i.[" The meeting adjourned at 9 07 p m PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT September 21 , 2009 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT Come join in the Engleu,oorl Hi gh School Homecomin g Euents! Wednesday, September 30th Powder Puff Football In the stadium 6:30 p.m. Spirit Rally EHS Field Ho use 7:30 p.m. Bonfire Lower Practice Fields 8:00 p.m. Friday , October 2nd Home coming Parade Start at EMS , North on Delaware, East on Tufts , North on Logan , end at EHS 1:30 p.m. Alumni Tailgate Party - EHS Student Parking Lot Catering by Lenny's Sub Shop 4:00 p.m. -6:00p.m. Football Game vs Ridge View Academy 7:00 p.m. Saturday, October 2nd Homecom ing Dance EHS Commons 8:00 p.m . -12 :00 p.m . • • • COUNCIL COMM UNICATION Date: Agenda llem: Subject: September 11 . W 09 9 a i License Agreement 1or Cit\ Ditch Garden Bridge Cross,ng at 3;00 Sooth Ogden Street Initiated Bis I Staff Source: Uliht,es Depanment Ste" an H Fonda, D,rect0< o, Utiliues COUNCIL GOAL AND PREVIOUS COUNC IL ACTION None RECOMMENDED ACTION The Englewood \II ater and Sewer Board, al their Augusl 17, 1009 meetinp, recommended Coun cil appro1 al oi the License -City Ditch Crossing Agreement and Temp0<a') Construction Easement tor a garden bndge at 3 700 Sooth Ogden Street . BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIFI ED Ms. Jill Hu ner submitted a Li cense -Cit\ Ditch Crossing Agreement an,i a Temporari· Construction Easement to cross an E.ngle-.,ood Clrv Ditch easement "ith a garden bridge at 3700 South Ogden Street The Englewood Utilities Department will main ta in its easement and the right 10 Install, repair, remove. or relocate the Cil\ Ditch at an)• t1me deemed necessary. The License 1\111 allow Ms. Huner to install a bridge in the e~1sring easement 10 prov,de access to a small portion oi her propert)· \\1thout trespassing through adjoining pr0pert1 . The Licensee e,press!) assumes tull and st• :t habilit\• tor an1 and all dam~ges 01 e1 eri• nature 10 person or proper11• caused bv the point or points where th e Licensee p~rforms a111• won-in connection with tl1e crossing provided bv the Licensee. The Cill reserves the right to make 1ull use of the proper!) necessa" In the operation oi the 01\ Ouch. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Water and Se\\ er Boa rd n11nutes 1rom the meeting of August 1 i, ~C09 Bill ior Ordinance • \\"ATER AND SEWER BOARD PHONE VOTE August 17. 2009 A phone ,·ote was taken from the members of the Englewood Water and Sewer Board for lh~ July 14. 2009 minutes and the License Agreement for the City l>itch Pedestrian Bndge at 3 700 s. Ogden St Mr. Bums moved: Mr. Habenicht seconded: Ayes: Members not reached : Nays : Mouon earned Mr. Habemcht mo,ed: Mr. Bums seconded : Ayes: Members not reached: Nuys : To recommend approval of the Ju ly 14. 2009 Water and Sewer Board minutes. Wiggins, Habenicht, Bums, Higday, Clark. Moore, Cassidy. Oaklc)', Woodward None Nooe To recommend Council approval oflhe License -City Ditch Crossing Agreement and Temporary Cooslruction Easement for a pedestrian bridge at 3700 S. Ogden St. Wiggins, Habenicht, Bums. Higday, Clark. Moore, Cassidy, Oakley. '-'" oodwnrd None None The next meeting will be held September 8. 2009 a1 5:00 p.m. an lhe Public Works Conference Room. Respectfully submi11ed. ~ &~'tr Cathy Burrage Recording Secretary • • ORDIKMCE NO . SERIES OF 200 9 BY AUTH •. H.ITY COUNCIL BILL NO . 3 7 INTRODUC ED BY COUNCll 1EMBER ____ _ A BILL FOR AN ORDINANCE AIITHORIZING A "LICENSE -CIT\' DITCH CROSSING AGREEMENT " AND A "TEMPORARY CONSTR UCTIOJ\' EASEME IT" TO JILL HUTTER FOR THE INSTALLATION OF A GARD BR.IDGE CROSSING TH E Cm' DITCH . WHEREAS. Jill Hu11er wishes 10 install a garden bridge cross ing 1he Ci1y of Englewood 's Right-of.Way forthe City Ditch at lhe approximate loca tion of 3700 South Ogden: and WHEREAS. the License Agreemen1 will allow Ms . Huner to install a garden bridge in the ex.isting easement to provide access 10 a smal l ponion of her property withou1 tre spassing through adjoining property: and WHEREAS, the City will maintain the Ci1y·s easemen1 and the righ1 to ins1all. repair. remove or reloca1e t.,e City Ditch at any time deemed necessary: and WHEREAS, Ms. Hutter assumes full and stric1 liatili1y for any and all damages of fvery nature 10 persons c,r propcny caused in connect ion with the bridge crossing provided by Ms . Huner: and WHEREAS , the City reserves the right 10 make full use of the propen y in the opera1ion of the City Di1ch: and WHEREAS, the En!'lewood Wa ter and Sewer Board re,i ewed and recommended City Council approval of the License-City Di1ch Crossing Agrecrnen1 and Temporary Construction Easerrent at their August 11. 2009 meeting: NOW, THEREFORE . BE IT ORDAINED BY THE CIT\' COUNCIL OF THE CITY OF ENGLEWOOD. COLORADv , AS FO LL )WS : Section I . The License-City Ditch Crossing Agreernenc and Ternporruy Construct ion Easemen1 between Ms . Hu ner and the City of Eng lewood , Colorado for a garden bridge crossing over the City Ditch , attached herelo as "Exhibit !," is hereby accep1cd and approved by the Eng lewood City Council. Section !. The Director of tilitie s and Chaim.an of the Englewood Water and Sewer Board are authori zed to execute and the Cit)' Clerk to auest and seal the Licc11se-Ci1y Ditch Crossing Agreement and Teni pu rary Constru c!ion Easemer t fr,r and on behal f of the City of Englewood. Co lorado . Introduced, read in full , and pa ssed on firsc rcadir.f ,n the 21st da y ofScp1ernber. 2009 . Published as a Bill for an Ordinance in the City's offic.al newspaper on the 25 '" day ofSep1ember . 20()9, Published as a 8111 for an OrdiDAnce on thr Cu) ·s official websue ~Mmg on t~ 13rd da) of September. 1009 for lhtn)' (30) days. ATTEST James K. Woodward. Mayor Loncrish11 A. Ellis. Cuy Clerk I. Loucrishia A. Ellis. Cit)' Clerk of 1he City of Englewood, Colorado, hereby cenify 1ha11hc above and foregoing is a 11\le copy of a Bill for an Ordinance, in1roduced, read in full. a.nd pused on first reading on the 21 SI day of Sep1ember, 2009 Loucrishia A. Ellis • • • F!\Y. HC. 303783Cf!94 1,JCRN56 • CITY DlTM QRQSSiNQ 4GREGMENT THIS LICENSC AGR!l!IIMl!NT•. made •nd onte,ed Into •• of thl,---2[!!!__ da,.v o! .liJLY 1 ?00 '1 ;;:t't; hy ind b11wooo L\1 CITV OP ENGLEWOOD, • a,uni:ipal co,para!lon o! "~ of Colorado, hmln roforn~ to•• •City', ond . ,?lLJ, 1,1. ~ . heroin ro(lr1'ed IO u 'Llem110•. WlTNESSETH: Tho Ol~y wilbou\ L'W warranty el lti tltlo or ln1'm•• whnooovor, horobf nuth•mu Llco nooe, Ito 1uco111or. ••oig,11, to inaWJ • GA@l?l;N ~@SSl/'G fortho City Dltoh, deacrlbod u a plll'CC! of land ■ltuntedin the _ o! Section _~2~-~ Rnnro 68 W&( 0£\he P .M.. Co\lllty o! A:a,ahoe, Stlto of Colorado d1saloed Al !oD-1: 1llr. ~ ~ OF iii£ WeSr ~OF-lilt V,J6S'f Ji Of lJli; ~~GIST ~ OF 'lllE ~nlWeST ¼,OflHE. NOtltllW~Y4-0F$E:Cf1~ 2 , l'bNfllSU(P 5 So.m{ ~E. 68 WeS'\' Of -nit; 6Ttl f"l.!lNCWAL ~tt:>I.Ar-t1 cnit{'TYOP.Ar.APAHO£,CO., .AW~•3f!OO sa.m(OGl>&lStem'.ENGt'!:W@ CO 6)113 Tho a'bovto-dcscnoed prJcol OOIIW'lll _,..! • ..,'2,.S:.,Acecu,c"""'<:"-----"'Dlw.Qxt:...,.Q._r],.•=•• l, Any CON1tr11otiou comemplai.d or porfozmod under thie Lloonao •ball comply with and mntorm to ,tandatda !onnwnted by tha DlN<Jtor ofUtilitiH of t.ho City end ouch coNt:uct. n ohlll be p.,.ii,m,ed end co,oplele4 ocardini: to tho plane, oon1i1tin~ of one •heet, • copy of 1¥hloh ia nttooholl ho1·1to 1U1d modo n po,~ h arooi !. The Ucan1oe oholl notify th e Oily"• Dlnctor afUttlllio1 •l l,a1t throo (8) cloys mo, Lo the !uni of comnW>01mon1 of lh• co111uucilon of. or 11\Y ropalr■ made to, U.en•'• Rl>fill! BR.1 DG.& GF:OSSU\K', .,,..---,-----,--,,-----------••that tho Oil,)' mar, in l!t d!anrotion, lnapoot s uch oporolion,. 3. Within thirl,y (30) doyo from th■ dalO o/tha coml!lonc,ment of conet:w:tlan of aald __ G,A.&p'fN 13fi!ID6E ~,...8.,.tm~.._1N,.,C,._ ___________ _ the L!cona•• 1btll compl,te auoh 00111tructlon, place llnd maintain permt.nent, vi>iblt m&rl<.ore, of • IT?• and •t IU<h looaliotllU doeipalOd by th• Cicy'a Diroetor or Ut.illtl ... rof1rrin; IO lho cent..)!~• oClh, !oatallot lon and ah.U ol,or the <1·oeatn1 oroa of aU conatru<:t!on dtblit and tulOnl the &l'Ol IO it■ pm,joua coadition u llelt as n,ay be 19UOMble. In th• , .. nt tb1 pinning of tho oontorlino mt ·:kou and tho cloorh,r and r"'tor•\ion.o.!tho croaolnu oroe i■ not complotod wllhln the time 1pad111cl. the City me.i· complete th• work 11 Iha aol1 oxp,n .. o!ll>o Llcen111. 4. The City oh.Ill han th• right to malntoln, ln■tQJI, ropari, n,movo or ralocata tht City Dilth or any other of !to faa!litle, or lnat.allatlont wi thin the City'• rlrhti-o!-way. ot IU\Y ll!ne end In ■u<h manner a■ Iha Oity d=• neceauy a: col'.lvtmiant. The Cley NNtYoo the i.: ,. '1, l B I JU>:3-200£ l!~N 10:46 A11 UT ILl71ES FAX NJ, 303783689~ P. 03 oxch11ive rirht to control all eooon1cnta nnd in>tallation,. 1D tha even\ tho GAF?J>W B!?ID~t:, CIDSSLNC'? chould iJlte1o/ore with an)' t'uturo un of tho City's richte,cf-w•y by the Oit.y , the Licenu e aholl, upon l'fl(lUCl'lt nnd nt it~ aola GX])!)nU, reloc:n-:.o, rco.rrc.niO, or TemovD its. inetallo.tiona $0 68 not tc interforo with any D\1~h u111 . 6. Any· 1·opnir m· ropUlcl!JUCnt. o! c~• Chy in11caU.atlon ma de nece1m~ry1 in the opinion of the City'• Diraetor of UtWtl., beeou8' of the conotruction of tho &ARl?itN. Ef I RG-E C£QSStNC, or other appurtenant in0Mllnilo11 thoraof, ,hnll be made at the eol• oxpenao of the Licon•••· 6. Tho ,t.ipulation and concllUona of this Lic&nae ebell be !ncorporatGd into contuc\ epeci.ficntious i£ the construction he1ein &\1thorh:ed ia to bt:1 dona on t contract bar;ic. 1. 1'he rights nnd privil•Ko • granted in thi.o lkbnae shell bo subject to prior agreement,, liooo,es ond/or ~ronto, recorded or un.recordod, and it ,boll be tho Licon••••• oolo ro,po .. lbility to deto1•mino tho exiolonce of sold dornmsnt.o or conlllctin1 u..,, 01• inat:allatlon,. 8, The Ll00nso• ahnll contact end fully eoopo1·nto with tho City'• pM•eonnol a.nd the conetruction shall be complotod without inter!orenco with any lawful, ue~al or ordinarl' llow of wnto1 •brouKh tho Cit)' Ditoh. LI=•• ehall •••IUD• all rlak, incident to tho poaoible preoon00 ol ouch Wotan, or of etorm wot.ore, or of 1urfa00 waters ln tho City Dltoh, 9. All tronchH or hclti within th! City'■ rightt-of-woy ,liall be baolc6llod. ond tamped to tho original lfO~nd line In layera not to"'"'"' elx (0) inchaa looee meABIU'I to a compaction c,£ ninety pmont (00%) Ston dn,d Prootor Maximum 'Don ■lty. 10. UconGOo, by acceptance of :hi, Lioonao, cxpr4eaelr o,,urne1 full end ,tt!ct linbility for ony nnd nil cbim•t•• of every Mtllre to poraon or property oauud by wo1er fr om tho ditch looking through tho ditch bonka or pipoUno ••·tho point or point•"·hore tho License• po1•torm, any work in connootion ,,ith tbo 'oro,eint provided b)' thi• Liton,e, The Licon••• na,umo, oll roapon,ibility ior moinuinanco of th• inat.Uotion. 11 . Liconaoo ehall indomnify and ,ovo hannlJIIB tho City, 118 offioeu ond employee,, •colnet any and •ll ol1ima, domagt,1, aocdon, or cauaeo of action o.nd ox~••• to which it or tuoy mny bo 1ubjacted by naaon of ,ald G:A&Pl:lN "!3Rl~ __ L5X;INC., boing within ond aoroes ond under tho pnml,ee of tho Oity or by reaoon oCany work c!Dns 01· omlaelon mode by Licon1aa, lto ogonte or omployaea, in conne~tion 1vith \ha conotruotion, ••~lacoment, malnto~•nca or top•lr of aolci !nBt!lllllUon, 12 , !tis l!ltpreaacy agreed t.hot b, uu ofLicon,oo'a broach of any of tho within promiooo, tho City may, ot ill option. hove apociSc pe,'l'ormn11ce thereof, or ti\• fo1• damugo, resultln~ !rom such broach. 13 . Upun sbandomneni of Olly rl~ht or p:ivll~g• heroin 1ranted, the rirht orLiconoco to that exton\ ,hall torminote, but it, obli~•tlon to indemni4Y and save hormlo11 the City, it, 0!60,n and employea,1 ahDll not terminato in ~~y evont. In g:·antin~ the nbovo authcnz,tlon, the Oliy rnerYeo tho right t<) moko full uoo or tho proper~y involved as m.ay be nocosnry or convenient i.n the opcro.Llon of tho wet.er workl plont ond 1y1tem undor the control of the Oil)'. -2- • •• • JLIL-i~-2009 )1J; i0:46 Al". tr.!Llil:S ?~J N~. 3037836894 In granting the above authorization, the City reserves the right 10 make full use of the property involved as may be necessBrY or convenii:n1 in the operation of the waler wodcs plant and system ender control of the City. IN WITNESS WHEREOF thls instrumcm has bc.."11 e.xecuttd as of Lbc day and year first above written. CITY OF ENGLEWOOD By: __ S1_owart _ _,.H,.._-.-Fonda _______ _ Dil'llttor of Utilities City of Englewood B}~ --=--,-----------Chaimlm lioglcwood W lier and Sewer Bomd The undwigned officer of _____________ has read the foregoing License und agrees for an on behalf of uid ------:---:c--,-,.,...-:,--..,,...,----,---,.--------tha.! it\\111 accept and will abide by all the terms and conditions lbczcof. Now,•:, P. 04 ..... '...d...<....l..LL..,_,,_/-l-...lL.Wl,,.lrvJ Adws.:_ .u..,~~~i=~~::::1.. __ °Cj. I I 0113 Phone: 120 .-'169 . 0 CINDY EVANS Notary Publlc Stole of Colorado JU~-l;·200S ~ 10:~f t\tl UTILITIES FAY. 00, 303783689~ TEMPORARY CONSTRUCTION EASEMENT This Temporary Consl!Ucdon Eucment (lbe Tempora.,y l!as:oent) is e.,tcr:d into Ibis ,28. day of~ 200lt by 811d between tbc City of Englewood, C.,lorudo, a municipal corpo111tion of tbo ,1a1e of Qilortdo, acting by tho throu1b its Watcund Sewer Boar(J (Grantor) and J'IU. ft! HUT'lE& ________________ (Grantee), WH!!REAS, Th• City of EoglewOl>d owos a right-of-way for the City Ditcb, a carrier ditch (City Ditch ROW) wbicb is loeated u described.on Exhibit A. WHEREAS, J)u Ol. UUTT~ desires to in.s11U a GAgpl;t:! Bl2lt'6E __,cg,""""""SSWC-illl>ll:z.'1_-,-_...,.._-,-____ within the City Ditch ROW pursuw 10 o license between the pani~. NOW, THERl?FORE, In coll!idcration of the mutual covenants of the puti~, 11101e particularly bae!naftcr sot forth, the ldcquaoy and sufficiency ofwhicb ore hereby 1cknowlcdged, It Ii epd u follows: l. Ttmoorerv Cgnsmmjgn Easement. Englewood (as 0l'lllll0f) hereby grants to 7Tu /\1 1 Hl1JTE:t (ai Gro111ce), Its successors, assign,, contractors, &nd sub-conltaoton, a non-exclusive temporary c:onstn1ction wement through. over, under tllld across the City Dittb ROW for tbe imtallalion ofo {M@FJ\( C?i81 PGE Ci?OSSLNI'-, ..,------,---,-.,....--------Pursuant to a lie:nsr agreement (t!ie Projccti 2. I.mn..2.fr.JWD,gQ!, The Project will beein no sooncrthon 8IJG!l$1?M and wUJ be ompleted no later than MA~, 2,010 . Completion of the Proj•ct will be de med to have occurred upon inspection and tpproval of the rrojcct by Gr111tor and this Tcmpomy Euemcnt will be deemed to bavc ierminatcd upon such oompletion. 3. &Sil· Onmtec shall bvo the temporary non-exclusive rii:bt to enter the Ciry Ditch ROW for 1111y n:uonablc purposo necemry or prudllllf for th• conStnlcrion of the Project subject to the followi ng restrictions: I) normal working hour, shall bo cooslstcnt with COOT con11r11crion hourt, Monday tbrougb Friday and 2) tho opontlon of equipment ond heavy ttuclcs will be permitted oo the Englewood City Ditch ROW only during nomial woddng boUD. P. OS _ JUL-1_3-2009 HOO i3:~S Ar. UTILI TIES ffi ); NO. 3C378368 a4 4. ~-Upon completion of tbe Project, Grantee will perform sucb resroruuon nnd regrading as is necessary or prudent to restore lhe surfuce area oftbc City Ditch ROW ro itS original condition. S. iu4emnificuion. Granu:e, to rhe exu:nt pcnnined by rhc laws and constitution or the State of Colorado, hereby agrees to be liable and hold hannless the City of Englewood, itS employees, tenants, and gums nm 1111y and all claims, cau.scs of action, and liability whicb may occur as a result of me negligent or wrongful acu ofGt111tee ill lhe conStruction of the Projec~ including the cost of defending Dpmst sueh claiau. 6. ~-Grantee hereby acknowledges dJA! it undCl'!ltnnds chat there is water now in the City Ditch from April l ro November I of mil year Md that it will assume liability for any damage ro adjoining propeny caused by water flow resulting from damage to the City Ditch csused by rhe Gnotee's eonsll'IIClion activilill$. 7. ~-Gro.ntce shall maintain in 11111 force and effect a valid policy of insurance for the Project in the amount of S600,000.00 property covarajje and S600,000.00 lillbilicy coverage. Gcantee further agrees tbet all its einployees, eonuactors and sub-c:ollll'IICtOrs working on the Project shall be covered by adCijllate Workers Compensation insurance. 8. Assignment Ttus Temporary Construction E:i.scment is assignable only with the written permis&ion of Englewood, which p:llllUsioo will .o.ot wveosowly withheld, conditioned or delayed. IN WITNESS WHEREOF, the panics hereto bave executed this temporary const?Uction Easemenr on the date o.nd day first written above. F. oe • I 1 I • FAX NJ. 3037~3689-: In granting the above ambori2ati011, the Chy reserves the right to make Ml Ille oflhe property involved IIS may be necessary or convenient in the operation of !he wall:r works plant and aystem under cootrol oflho City. TN WITNESS WHEREOF Ibis insu,uneot has been exeemed as oflhe dny and yenr 6rs1 above written. · CITY OF ENGLEWOOD By. ____________ _ Stewart H. Fonde Director of Utilities Clty of Englewood By. ____________ _ Chainnm Englewood W atcr anJ Sewer Baud The U11dcrsigned officer of_.,,-----,-,.....,,,--,-----,-,-------has read the foregoing License and agrees for an on behalf of said ______________________ t!tatit will accept and will abide by all the IClmS and conditions thereof. Title: ___________ _ Address, 3@ S. ?!fn St1ecf ~f_f H,ff f lf:fl°'f I tJJ %dll3 Phone: -J).a Af38 · lf)1- Now-v: l ,,u:-41(, r va Ct? My C011llllissfo:,cx.pires: JO/a, 11 • I CINDY EVANS Notary Public State or Colorado • 1.-.10 r • ~--, :-., ~ :== ·:1, >;.,., , . . . I .. OJ L= .·t; '-,' i _.. ' , \ I • t"J • ~ 'j O • : ' \ • I C? ~ • v: ,• .. I • GAS i·:.:~; , nn n !i \ . ; : ! . ', f !v"~.; M:JF 1-, •. 1!:!!J'I I• •' I "1,: , t·/.: . I? ~t 1 ·. -:·••.··. 1 -· r~ : · \C,••:f....~f• J,. ... ).·"' I .. ,-'.r, ~ I '" ,,-, /• . • t • , /· <-' ,.,•;;"">'";,~ ,. .. ,-·. '"'. ,,,;, . 1· ~~:;f~ il'!!I r. ,,·:, · ,e;: ;.-,.>,:.,:1-; " ~ 1::,3 ':• £J: ;-.ft;,,.f:i<•>l "' ... ~ ,..,. . ;'J". .. ·, ,,.,. ""' ... , .. ,,, ' <.' f•jiL!n ·f);;'i:; :/ " < ,): :, ,O,i-' • _._,:,! •!• -►_;,--• • ••,••••'• .C _<•• I 11 2' .Q; • , .. :/ , ,·-?Cr '•"":~•• y ·· .as' • , , ·./ · ,,· ··; f ~~1·~3 llll'lllr• ·-" , ,-.,::., .,.,:.i ~UII° . !ii~ii~ ... n ; f•••tj'.·~~-·11 49 J' _, o, I • . . . ., --·= -).I~~) ·-'i-= ~ I ~--.. ~, PROPERTY LOCADON: "" J700 S. OGDEN ST. '-J I VICINI;;:~ co sollJ VJ .. l •-:.:..- YN..£ __ / • ~I ~I ~ •· I 1 -~ -. ~§j~t~~ . • ::;1 ·;~ " PN~•·•·1 . _ .. __ ..... , 1 i """ , I I ti~~-.... / :···};::-.,ttf1~:;)'~ / FOUMD J15 "-""'" ;·,1,.7~·;, -;,;'~ _• .. _:f ,1 / t -" ~ . ' -..... ~, . 'l I I FOJND REBAR WITH PLAS11C CAP IJARKfll "t..S33202" o...)_ / "OUND 3•~ BRA.<;: ,' f\.-';JIJ' MARKED "DM / ?R0° UN: LS71 1965' TEMPORARY CONST. £AS£J,f£NT EXTENT ~~ ~o ii ~15 ~15 11 ~~ Oo 5~1~ ~c, ~z~ c~ I wm; NO CAP \5 ~•>" '·'"-"1 ! C •1/ , ry;, ltf;1 ! ; ~ ~ fi;d''•' ~~ ! ,. ._;. ~ ~ E,,4 ... ,.,,... : . I ,/ il<.,. \ •. ~,.,.., .. -,1 ... .. ,,. p • ~ I r . -~ ~,, -6_!1.59'{A1i) I b<~_~l)iJ ·-.... • _! / \ p ·/" '-J U I ----• _;-;y.)~~ ·•r,66' ... \II/) y/,. / )" .~. -+-_J -r :: """ n I h I I !f ~:;ij_ ~-~ --:--.~--~:_:;-.:~:-',~ -~· :-..Li.·~~-~16·~ si'.:.4i<oi'i'(~~~~)~:t)'3n~v,1~/::,,.=:::-::;-;::jb{j ino I /2 NE1/4 SY/1 ~ij i S(CTION 2. 155. ~ ~ ; iii~ : WEST 1 / 4 CORNER OF "LS270 11 ' ,,."'!J'•.''7:, /. -,L ~: · •. ,~·•-•.-c St{ CORNER OF / -H I J l!:~1f •J -:1" 1<1/• ,:,y.2 Wl/2 . +i --' ,.d~ !?1 •. '4 COON 2 TSS R6 lfl/1/" L-'-t:> o:: ,i·~ · , frfl k :~~r;: •~; ~~9 I 0 I GARDEN CROSSING LOCATION NOTE: , t • • 20'-0 I,. D<HIBf{ A. IS Ni D<CEIIPT' OF Tl/£ #IPROVEJIENr StllM'Y PIAr AS REr:ORO£D ON JUNt •• 200.f, RE:CfFTION NO. 0277J, A.r 71-f• NIA.PM« COUllT'r Cl.£RK, ST'A.TF: Of COLORADO. NO VfRIFICATION Of Tl/£ R£COROED /JAP WA.S DONE:. 12. SINCE NO ~ RECOROINO Of TIIE: crrr Of ENGLEWOOD'S Ofrr:H R.O.W. IS FOUND A.r TIit AIW'AH<)£ COUHTY Cl.ERK, TH£ D<TOO" SHOWN IS A.Pf'ROXJW,T£D WITII INF'ORIIA.'TION SUPPU£0 f1Y CA'THY BURRAG£ OF TH£ umm£S 0£PARTIJENr, 0,17n, JULY 22. zoog, PHYSK'.AL ~ OF PROPERTY: JlOO S. OCO£N ST11£ET', tNCl.£WOOD CO BOIIJ. 'J . / SECTION 2, ms, R6BW, FOUND ALUM. CAP MARKED ~-,/---------...i.f. PROP£RTY OWl/£R: JILL HIITT£R -~ ~ -~ --- :,::• J ~ .. H • <:~ § !! l!!!)t ~= ~i t ~i 58 • ii . •• 0 I ••• g .... ~ 2X RAILS 0 12 · o.c. 4X4 POSTS 0 4 •-0· o.c. 2-2X12 BO.I,/ ~ TYP. OF J 0 GARDEN CROSSING SEC~~~ 1 __ 0 DaSTM; L 75•-o· CIWINEJ.. I CENTER TO CENT'ER ~ OF PIER t-----76 '-0" CARDO{ CROSS/HG LENGTH ------i 16"6 IC J '-0 " CONCR£TE: PIER ~ 6 TOT. 1'-6 ° 0 GARDEN CROSSING ELEVATION 114 • • 1'-o •iro OICS«Jlt CCIJll t. IUltt l1C, l:IQ.(IIOOO,CO 10112 _,, ■ ■ ■ ■ HUTTER RESIDENCE, CITY OF CHERRY HILLS VILLAGE ■ ■ ■ GARDEN CROSSING OVER CITY OF ENGLEWOOO DITCH •:~~~ro,..-~.u.~v~.~.,,.,,.,.,~n--=-------,.~----------1 •••• ••• •• • SI/JPSON STRONG Tl£ OCC-U CAP 1ll B£ CAST If PIER CONC. W/ 1-/J x 4 '-0" BENT 7HRU BOLr HOLE AS SHOWN N PROVIDc 4-5/B"B x J " I.AC BOt.'/S' 1ll BEAMS GARDEN CROSSING CONNECTION DETAIL l'IIO,ICll CONCRETE: PIO/ ro BE R£1NFORCED WITH ON£ I.A~ OF 6.\'6-11'2.0xtl'2.0 W.W.F. J/4" -,·-o ll](Blla lqin■erlnc le SW"f■,tq, W: ■■ ■■ HUTTER RESIDENCE, CITY OF CHERRY HILLS VILLAGE •=■.•i-,.,=G~AR~D~E~N;,.;,CR~O~S~~~N_G_O~VER~_a;;.;..;.,TY.,..:,~,,,....EN ...... G~L.E~W0---00......;D_IT_CH __ ~ DAlll ,M,Y lll, ZDOI 11'1 C'IC ~ t)10 IC'MSIQl,I COUit, 51,,lt( ,JICI OICl[90(J:I. CO J,11112 '"°""-(XUI 1U•II~ l------------=-,.....----...._---------------1 '"'-'""' ,,..,.,., ,.. NO. -.oo 9IIET NO. EXHIB IT C • COUNCIL COMMUN ICATION Date: Age nda llem: Subject: Septembe< 21 2009 9au license -Cabin Mead01, Transmountain Diversion P,pe Cross111~ Agreement Initiated By: Staff Source: Uti lit ies Department Stewart H. Fonda, Director of Utili ties COUNCIL GOAL ANO PREVIOUS CO UNCIL ACTION None. RE COMMENDED ACTION The Englewood Wa ter and Sewer Board, at their July 14, 2009 meeting, recommended Council approval of the License -Cab in Meadow Transmountaln Diversion Pipe Crossi1.g Agreement. BACKGROUND, ANALYSIS, AND ALTERNATI VES IDENTIFI ED • David and Judlth Hueter submitted a license agreement to install a driv1 • ,ay over the Gty of Englewood's right-of-way for the Cabin Meadow Transmountaln Diversion Projeci which is located In Grand County across from the Winter Parle Ski area. In order to accomplish this, a license agreement is required. A legal description is induded In the crossing agreement and a map of the project is attached. • O ur pipe is in a county road, and th e adjacent owner's proposed road will cross the right-of-way but will not actually cross th e existing pipe. The pipe is used as the outlet for Meadow Creek Reservoir, which 1s part of Englewood's raw water rights. The licensee exf)fessly assumes full and strid liahil1ty for any and all damages of every Mlure to person or property caused by the point or points where the licensee periorms any work in connedion with the encroachment into th'-Cabin Meadow Creek Transmountain Diversion pipe right-of-way provided by th e Licensee. The City reserves th e right to make full use of the property necessary in th e operation of th e Cabin Meadow Transmountain Diversion pipe or any o ther of its facilities or installation wllhin the City's rights-of-way. FINANCIAL IM PACT None. UST OF ATTACHMENTS Water & Sewer Boa rd minu tes from the meeting of July 14, 2009 BIii for an Ordina nce • • WAT ER AND SEWER BOARD Ml UTES July 14 . 2009 The meeting was cnlled lo order at 5:05 p.m. Members present: Bums, Moore, Cassidy, Wiggins, Woodward, Oakle y, Habenicht Members absent: Al so present: Clark, Higday Stewart Fonda, Director of Utilities John Bock, Utilities Administration Manager I. MINUTES OF THE JUNE 9, 2009 MEETING . The Englewood Water and Sewer Board received a copy oft.he minutes of the June 9, 2009 meeting. Mr. Habenicht moved ; Mr. Wiggins seconded : Ayes : Nays : Members ab cnt : Motion carried. To recommend Water and Sewer Board approval of the minutes of the June 9, 2009 Water and Sewer Board meeting . Bums , Moore, Cassidy, Wiggins, Woodward, Oakley, Habenicht None Clark, Higday 2. LICENSE CAB!N MEADOW TRANSMOUNTAIN DIVERSION PIPE CROSSING AGREEME:-IT. Dlvid and Judilh Hue1cr suhmiued :n license agreemcnl lo install a dnvcway over lhc C'ily ofEnglcwood's right-or-way ror the Cabin Meadow Transmounlllin Diversion Project, which is located in Grand County across from the Winier Park Ski area. In order 10 accomplish this, a license agrccmcnl is required. A legal description is included in the crossing agreement and a map or the projecl is allllched. Our pipe is in a coun1y road nnd 1he adjaccn1 owner's proposed road will cross 1hc righ1- or-way, bul not the cxis1ing pipe. The pipe is used as an outlet for Meadow Creek Res ervoir, which is part or Englewood's raw waler rights. The City reserves the 1igh1 10 make full use of the property necessary in the operalion o f 1he Cabin Meadow Transmoun1ain Diversion pipe or any other of its fncili1ics or inslu ll ution within the Cily' s right-of-way. Mr. Woodward suggested modifying paragraph #2 in future license agreements lo clarify that three business days notice is required prior 10 commencemen1 of construction. Mr. Woodward also rcquesled that the lime frame for future contracts be clarified. Mr. Woodward moved; Mr. Habenicht seconded: Ayes: Nays: Members abscnl: Molion carried . To recommend Council approval of the License -Cabin Meadow Transmounlllin Diversion Pipe Crossing. Bums. Moore, Cassidy, Wiggins, Woodward, Oakley, Habenicht None Clark. Higday 3. 92'' STORM SEWER COLLAPSE AT OXFORD ANDS. PLATTE RIVER DR . Tom Brennan, Utilit ies Engineer. appeared before the Board to dis·••ss the 92" stoim sewer collapse , On May 26 ii was discovered I hat the bollom of the dom1 sewer pipe a! • • • • • W. Oxford Ave. and 1he S. Plauc R1\'er wns cmdcd and !here was a 12" hole in the side of the pipe. On June 6, 2(){)9 initial repairs were made and u 4 • section of pipe was repa ired. A second failure occurred the evening of June 25. approximately 40 feet downstream of the first repair, causing a large sinkhole and the pipe 10 collapse. On July 10, 2009 another major storm occurred (2" in 20 minutes). This cuuscd lhe sinkhole to double in size, necessitating closing two lanes of traffic in W. Oxford Ave. Aficr investigation, it is believed that the failure was due to the eanh supporting the pipe being disturbed oner the inilial washout occurred. Discussion ensued regarding inilial design inadequacies. Due to the urgency of the situation, American Civil Constructors was mobilized on June 26 to open the drainage path, remove the damaged pipe and sl3bilize the hole. The initial emergency work was completed June 26. The immediate problem has been fixed, but infrastrocture improvements will be ongoing. The Utilities Department is continuing to work with American Civil Constructors and several other suppliers on pipe availability and replacem ent options. Preliminary estimates for the total project range from Sl00,000 to $300,000. The project should be completed by the week of Jul y 20. 4 . LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PERMIT. Ms. Mary Gardner, Regulatory Programs Administrator, appeared before the Board 10 discuss the Colorado Discharge Permit System draft permit for discharge from the Liulcton/Englewood Wastewater Treatment Plant. As requested. the Water Quality Conirol Division granted an extension of the public comment period until July 6, 2009. Comments and requests were documented and submilled by the dead line. Mary reviewed key issues and comments of the draft permit. It was noted that the tiered permit limits based on discharge now were approved. The Commission approved the seasonal temperature shin and temporary modifications through 2014. A compliance schedule is provided for alternate disinfection with a favorable effiuent limi•.ation for fecnl coliform . A compliance schedule for ammonia is also needed 11J1d was omitted by the Division. Also, effiuent limits for copper, silver and lindane were removed from the draft permit. Mary noted thnt permit challenges to be addressed arc, I) the maximum daily limit for total inorganic nitrogen, 2) some permit limits are lower thw1 the preliminary effiuent limits that were used in the design process, 3) the iron limit is lower than is :neasurcd in the effluent and 4) the plant received a cyanide permit limit . The Board also received a memo that gives an overview of the basic statutory and regulatory framework of the Colorndo dischal')l~ permit system. 5. WATER RJGH'i'S UPDATE DATED JUNE 5, 2009 FROM DAVID HILL. The Board received from David Hill, Englewood's Water Attorney, a water rights update dated June 5. 2009. Stu discussed developments in water litigation cases in which Englewood is invo lved. 6. DELINQUENT WATER BILLS AT ENGLEWOOD POSTAL FACILITIES (USPS). The Board received an update from Englewood's City Attorney, Dan Brotzman, regarding the past-due bills for the USPS facilities at 3330 S. Broadway and 915 W. Lehigh Ave. As of July 2, 2009 the USPS has agreed to pay the past due water, sewer and concrete bills, but will be opting out of the concrete program on fu ture bills. The USPS will not be responsible for past or future storm water charges, and the City is waiving these charges. A draft of an agreement has been submitted to the City Attorney's office for approval. 7. LETTER RESPONDING TO INQUIRY FROM ROBERT RODEFELD AT 7713 GRAPE CT. Mr. Rodefeld, of77l3 S. Grape Ct., sent a letter on July 5, 2009 requesting an explanation of rate increases since 2004. The Board received a copy of Mr. Back's reply, which noted that rate increases have been necessary to fund major construction p,ojects at the Littleton/Englewood Wastewater Treatment Plant and the mandated processes that were added to comply with the Federal Clean Water Act. The reply also discussed the rate increases that were approved by the Englewood Water and Sewer Board, the Englewood City Council and the Littleton/Englewood Wastewater Treatment Plant Board of Directors . • • • • • • 8. ANNUAL BOARD AND COMMISSION APPRECIATION NIGHT AUGUST. 10. 2009. The Board received an invitation to the Annual Board and Commission Apprecia1ion Night on August I 0, 2009 a1 Pirates Cove beginning at 6:30 p.m. Board members were direcled to call in their reservations to Calhy in the Utilities DepartmcnL The meeting adjourned at 6:40 p.m. The next Englewood Water and Sewer Board will be held Tuesday, August 11, 2009 al 5:00 p.m. at the Community Development Conference Room . Respectfully submitted, C~&~ Cathy BUJT8ge Recording Secretary • • • ORDINANCE NO SERIES OF 2009 BY AUTHORm' COUNCIL BILL NO 39 L'ITROOUCED BY COUNCIi MEM'1ER ____ _ A BILL FOR AN ORDINANCE AUTimRJZING A "LICENSE -CABIN MEADOW TRANSMOUNT A1N DfVERSJON PIPE CROSSING AGREEMENT" TO DAVID AND JUDfrH HUETER FOR THE INSTALLATION OF A DRIVEWAY OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY. WHEREAS. the City ofEnglewooll's Righ1-0f-Way for the Cabin Meadow Transmounlllin Diversion Project is located in Grand County across from the Winier Park Ski area; and WHEREAS, the City's pipe is used as the outlet for the Meadow Creek Reservoir, which is pan of Englewood's raw waler; and WHEREAS, David and Judith Hueter subrnittec! a request for a Liccnsr Agreement to install a driveway over the City ofEnglewood's Right-of-Way for the Cabin Meadow Transmountain Diversion Project; and WHEREAS, the City's pipe is located in a CoWlty road and the adjacent owner's proposed road will cross the Right-of-Way but will not actually ct-oss the ex.isling pipe; and WHEREAS, the City reserves the righl to make full use of the propeny necessary in lhe operalion oflhc Cabin Meadow Trnnsmountain Diversion pipe or any 01her of its facilities or installalion wilhin the City's Right-of-Way: and WHEREAS, the Hucter's (Licensee) ex.pressly assume full and strict liability for any and all damages of every nature lo person or propeny caused by the point or points where the Licensee perform., any work in connection with the crossing of the Cabin Meadow Creek Transmoumain Diversion pipe Right-of-Way; and WH EREAS, the Englewood Water and Sewer Board reviewed and recommended City Council approval of the "License-Cabin Meadow Transmountam Divers1or Pipe Crossing Agreement" at their July I 4, 2009 meeting; NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCILOFTIIECITY Of ENGLEWOOD, COWRADO. AS FOLWWS : ~-The "LicensC.Cnbin Meadow Trnnsmountoin Di version Pipe Crossing Agreement" between the lluetcr's and the City of Englewood. Colorado to install a driveway over the Ci ty of Englewood's Right-of-Way for the Cabin Meadow Transmountain Diversion Project located in Grand County, attochcd hereto us "Ex.hibil A," is hereby accepted and approved by the Englewood Ci1y Council . Section 2. The Director ofUul111cs and Cha1nnan of the Eng,,,.'<lOd Water and s~cr Buard arc authorized 10 execute the L1ccnse•C11y Ditch Cmssmg Agrccm~,11 cn111led "License-Cabin Meadow Transmountain Diversion Pipe Crossmg Agreement" for nnd on bchnM of the City of Englewood, Colorado. Introduced, read m full. and passed on first reading on the 21st day of September, 2009. Published as n 8111 for an Ordinance in the City's official ncwspnl)<:r on the 25"' day of September, 2009, Published as a Bill for an Ordinance on the City's official website beginning on the 23rd day of September, 2009 for thiny (30) da)'S, 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 a Sill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of September, 2009, Loucrislua A. Ellis • • • • L(C(!NS!l -CADiN MEADOW TRANSMOUNTAIN QI VI!RSIOI\ Pll~P, C,:ROSSINU AURt;;EMf.NT THIS 1.lc:P.NSF. Al"iRP.F.MF.NT, mnrle nnrl entered into M ofthi~ 1 f'' dny of Ji-+-:--' 2009, by and between 1ho CITY Of, ENGLEWOOD, 1 municipal oorpnrntinn 111 the State of Colorado, herein rcfcm,d lo as "City" 1md L>avid & Judith Huctcr, herein rclemxl to as 0 Liccnsce''. WITNIISSIITH : The City wilhnlll any waminty of iL~ title or inte~ whalsoevcr, hereby aulhori:oci Lict:ll)'l>C, ilS ~=sur, lll>':ligns, to iuslllll a driv,,w1y acctSs over Ille City's rights-of-wny for the Cnbin Mendow Tnuismounlnin L>ivcrsion ~rojcct, dcscnllcd as H pan:d of land situated in the NWl/4 SWJ/4 of Section 24, Township IS. Range 75W of Ilic Sixth l'.M, CountyofGnlnd, Stille ofColonido. I. Any oonl'lnJCtion contemplated or pemmned under this UCCllSC sb&I.I ooi.1ply with and confurm tu :rtaodm'ds furmullllell by Grand County and the !itrector of Utilities of the City nn<I such oonstrudion shall be performed 1111d eotnplel~ aa:ordiog to these standards. ?. The licensee shall notify !he City's Olrcdor of Utilltict al lea&t Ihm: (3) dM~ prior to the time of commencement of the construction of, or any repairs mode to, Li~'s drlvowll)' •=~ so ll1lll 1110 City maty, in hw discn,tlon, inspect such nperations. ·n,e U-.ec ~umes all reoponsibility for malotcna:icc of lhc lmlallalion. J. The City ah11II h11vc die right 10 mnin~ln, install, repair, rcmo,. or ruloc>1le the Cabin Meadow Transmounlllln Diver..ion Pipe or any other of its facilities or io,tallations wilhlo !he Cit y'• rigbls-of-way, al any lime and in ¥ucb IIIIII\Dcr as the C:ily deems n~llOI')' or oonvenienL The City reaerve,, the exclusive right to conlrol all easemmlS llnd inslllllulions . In lhe oven1 the drivcwoy =., ~hould interfere wilh any future use of the City's ri,:ht1-of•WIIY by Jhc Cily, lhc Liew= shall, upon request and at its sole expense, reloca11:, reanangc, or remove ito< ln1tnllations so as not to interfere with -nny such use. 4. Only Colorado Depenment nf Motor Vehicles lcgaJ motor vehicle lnads llfC •llowal to c:ron or tra•cmi t!M. Cily'v righw-ur-wuy. 5 . Any n,poir nr reploument of nny C:ity in~llation mode ncceanry, in the opinion of the Cily's Dit1:<:lor of Utilil)CII, bt:CllUStl of the construction of lhe driveway 11CCe$8 o, Olhcr DJlPtlr1CnMI ill3fnllntion thereof shall be made al tile solo ~pcnse of the Ucensce. 6. '1110 ri3hts and privileJlCS gn1111cd it1 this LiCCJISO shall bo ~ubjtct lo prior ogreement.\ lioen.~e.<: and/nr gronL'I, recorded or unrecorded, nnd ii shall bo Ille Lit=ste's solo ~ibilily lo dtt<.nnine Ilic txislmce of Sllid docwncnt, nr conflicting uses or instllllntioni . !l 7. Llc:<:n.see 'ihall indemnify •nd tiMYC hmnks,, lhc Cily, its uniu:rs 11.J L"rnpluyccs, ni:ainst nny and nil cl aim", dnmngcs, IIC!inns or ciu1ses of octinn nnrl expen!le! In which ii or they may be ~ubjcc1cd by n:uson uhuid driveway 11ccci.s b;;in!l whhin 11,c riclus-of-woy of 1hc City or by rcnson of ftny work done or nmissinn 11111de by r .iceMee, its agents nr omployco~. in connection with the construction, rcplu~mml, maintenance ur rL;,air ul'snid installatiou. 8. It Is expressly ngrecd IJ111t in co.se of I .icenMe's hreach of any of the within promises, the City may, al Its updon, huve spwilic pcrfonnanro, thc:n:or, ur sue for damages rcsnltilljl from such breach. 9. Upon abandonment uf any right ur privilege hen:in ~tt:d, the right uf Li= tu that c,.tait shall tcnniMtc, but its obU{:atioo to indemnify Md S8VO lwmlca the City, illt oflicern nnd employee!, will not tenninatc in any evmL ln crantlnn the nbovc 8lllhori7.nlinn, the <:ity i_.-ves the righl to make ful l ,.,e of the property involved as may be oo,:wsvy or uunvcniwl in the upcratiun of tho, Caebin Meadow Transmountain Uivmion System under the oontml nflhe City. IN WITNESS WHEREOF this imllrumc111 luis bcc11 cxccutod as of tile day BIid ycnr fii-st nhovc written . CITY OF J:!NOl.,t::WOOD By:_~--=-=--=---,--- Stewon H. Fonda By: DiRcior ufUtilitie.s C.~ty of P.nglewond Choinnan Englewood Water •nd Scwa-Bonni The undmil!llcd luls l'Clld the forugui1111 Llcc,ll!C 1111d ftJ:l'CCS Lllal 1hcy will a<»..-,,t ~nJ will a.bide by nil thetenn~ and conditions thlll"eOf. DAVID St JUDITH RUETER M◄ COUNTYROAD8#S02 BOX 1450 FRASER, CO S0HZ.1460 JACQUELINE ERICKSON NOTARY PUBLIC STATE OF COLORADO My Commission Explrea :i.,11:, ·-'-'..;;.:::;,t..::.::.:..!: • • ,:':.g<ra-::,;, '!-•~JJ Denver Water Board Road ;~, and Pipeline ~ {1~ / Fraser River Diversion ~ ffl / ProjectD-027914 ~-...... ~~-~ ""~:::-..;~• -~, Exception 66 ' R.o .w. FS Rel. ,-~"---~... -,~, 81c. ◄52, P9-5' c;1 y o r En glewood R.o.w. ~ -t~ _ 2· Alum. Elle. ◄58. Pg. 051 I I ~ Colorodo 011 ◄1 5 ~ :.llr ~ ~~.~ rili t -• r.3• W 1J&U4 . ~ 23 I 24 26 I 25 ,.~ .... "'<) .... . .__···--. ....... Denver Water Board Exception 2' D'----. --~~V 1t Denver Water Board Int. Re£# 970125 • Amended David C . 60' Easement Rec. Rec. No. 99005811 Exception l\l 1 '\. ' '"-u S'l Cor. ~ 2◄ ~•USQ.0 Bnm j;Gp '-1933 "C ' ',,,,~y -.... , ' • • • OROINI\J'<CENO SERIES OF 2009 BY AUTHORITY COUNCIL BILL NO. 36 INl"RODUCED BY COUNCIL MEMBER WILSON AN ORDINANCE AMENDING Tn'LE 4. CHAPTER 4. SECTION 4, SUBSECTION 7(C), 0F 11-IE ENGLEWOOD MUN1CIP AL CODE 2000, f-ERTAINING TO RET All.ER AND VENDOR FEES FOR SALES TAX LICENSES. WHEREAS, the Englewood City Council authorized the establishment of a vendor fee which provided a live percent vendor fee to cover the vendor's expense In the collection and remittance of sales tax by the passage of Ordinance No. 32, Series of 1961; and WHEREAS, the passage of Ordinance No. 32, Series of 1968 reduced the fee from the initial 111te of live percent to 2.S percent; and WHEREAS, the passage of Ordinance No. 27, Series of 1970 reduced the fee to 1.6 percent; and WHEREAS, the passage of Ordinan.:e No. 58, Series of 2002 reduced the fee to .5 percent; and WHEREAS, the passage of this Ordinance will reduce the Vcodor fee from .5 to .25 percent in order to preserve City funds that can be used 10 maintain staffing llnd provide necessary services to the community: NOW, 11-IER.EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TifE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colo111tto hereby authorized amending Title 4, Chapter 4, Section 4, Subsection 7(C), of the Englewood M,micipal Code 2000, entitled "Sales Tax Returns'' to read as follows: 4-4-4-7: SalC$ 'Y'l£ llcturos. A. i.;verv i"'"•l'.m requited 10 obtain a sales Wt license pursuant 10 the provisions of Section 4-44-4, shall file a sales tax return, with payment of tax owed, if any, upon the standard Mumcipal sales and use tax reporung form as adopted by the Executive Director of the Colorado Department of Revenue, not Inter than tl1e twentieth day of each month for the precedinq calendar month: provided, however, that if the accounting methods regularly employed by the licensed retailer in the transaction of his/her business, or other conditions, arc such that repor1S of sa.les made on a calendar monthly basis will impose unnecessary hardship, the Director may, upon request of said retailer, accept reports at such intervals as will, in his/her opmion, better suit the convenience of the taxpayer, and will nol jeopardize the collection of the tax • 1 B. The returns so filed shall contain suc h mfonnall(\11 as fll:I) cn.1blc che D1m:1or to accurnccl) deccrnune chc amounc of cox collccced by Che person filing lhe rccum. hue in nil cases shall concam lhc follow ing infonnacion: I. The amounc of gross caxablc sales made by che rccniler during the perioo for which Che return is filed ; 2. The t<>1al sales price of all property returned by the purchAser as a result of a return of goods sold by chc rccailcr: pmvidr.rl, 1he original sale was a taxable crnnsacuon; 3. The total fnir markcc value of any property received by !he rccailer as a result of an exchange of propeny; provided the property so received is held by the retailer 10 be sold or leased to a user or consumer in the regular course of his/her business; 4. The total amount of retail sales which are exempt from the tax imposed by Section 4- 4-4-2 by reason of the provisions of Section 4-4-4-3; S. ~ total amount of sales made on cmlit, the obligation for which is not secured by• conditional sales contract, chattel mortgage or 01her security ins1rumcn1 entitling the retailer to rcpossc:ss the item sold. which are found 10 be worthless and which may be deducted as bad debts on lhe rct.ailer's Federal income tax return . C. The rccurn shall be accompanied by U1 amount equal to the sales taX required to be collected by the retailer but which, in no case. shall be less than the amount actually collected. nor less than three and onc>balf percent (3.5%) of the figure derived by subtracting from the gross taxable sales, as reflected on the return, the total sales described in subsection B2, 3, 4 and 5 above, as reflected on the return; provided, however. the retailer may deduct from the total lllX due 11;, amount equal to -.MIi' ~ percent (4MQ )~of the sales tax required to l,r collected, which may be rccained by the rc1ailer as a fee for collecting said tax. If the return or the tax remiltUlCc is filed later than lhc twentielh day of each month or as prescribed by the Director, the llflH8l.f ~ percent(~~ vendor's fee allowance shall be forfeited and added to !he amount of the deficiency. D. All other persons sha II pay lo the Director !he amounc of any tax due under the provisions of this Sec1ion 4-44-7, 001 later than fifteen (1 S) days nflcr the date thnl said lnx becomes due. ~ Safety Clauses. The C11y Council hereby finds, de1crmines, snd declares thal this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for lhe health, safety, and welfare of lhe public, and that this Ordinance is necessary for the preservation of health and safety and, for the protection of public convenience and welfare. The City Council further determines that the Ordinance bents a rational relation to the p1 ,>per legislative object sought to be obtain<:d. ~ Seyerabjlhy. If any clause, sentence, paragraph. or pan of thi~ Ordinance or 01e application thereof lo any penon or circumstances shall for any reason be adjudged by a coun of competent jurisdiction invalid, such judgment shall nol affect, impair or invalidate the remainder of this Ordinance or it application to other ~ns or cin.-unstanccs. 2 • • • • • ~ lnconsis1c111 ~ /\II other Ordinance, or ponions thereof incons1stcn1 or con01c11ng with this Ordi nance or any ponion hereof are hereby rcpc.1lcd to 1he extent of such incMsistency or conflict. Section 5 EfTccl of rcoeal or mndiflcat1on. The rcpe.,J or mad1fica11on of any provision of the Code of the City or Englewood by this Oromancc shall not release, extinguish. alter. modify. or change m whole or m pan any penalty, forfeiture. or liab,hty, either civil or criminal, wtuch shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as fo r the purpose of sustaining any judgment, decree, or order which con or may be rendered, entered, or mode in such act ions, suits, proceedings, or prosecutions. ~ ~ The Penalty Provision of Section 1-4-1 EMC shall npply 10 each and every violation of this Oroinance. ~ The change in Vendor fees shall be effective Jamwy I, 2010. Introduced, read in full, and passed on first reading on the 17th day of August, 2009. Published as a Bill for an Ordinance in the City's official newspaper on the 21• day or August, 2009 . Published as a Bill for an Ordinance on ti,e City's official website beginning on the 19th day of Augus~ 2009 for thirty (30) days. Amended and reintroduced, read in full, and passed as amended on the 8th day of September, 2009. Published as an amended Bi.II for an Ordinance in the City's official newspaper on the 11th dny of September, 2009. Published as an amended Bill for nn Ordinance on the City's official website beginning on the 9• day of September, 2009 for thirty (30) days. Read by title and passed as amended on final reading on the 21st day of September, 2009. Published by title as ameodcd in the City's official newspaper ns Ordinance No._, Series of 200Q, on the 2s• day of September, 2009. Published by til lt as amended on the City's official website beginning on the 23rd d11y of September, 2009 for thirty (30) days. James K. Woodward, Mayor Loucnshia /\. Ellis, City Clerk 3 I. Loucrislun A. Ellis. Cit) Clerk of the Cny of Englewood, Colon,do, hereby ccn1fy that the above and foregoing is a true eory of the Ordinance passed as amended on final reading and published by titl e as Ordinance No,_, Serie~ of 2009. Loucrishia A. Ell, 4 • • • • • • ORDINANCE NO. SERIES OF 2009 BY AUTIIORITY COUNCIL lllLL NO. 38 lNTRODllCED BY COUNCIi. MEMBER MOORE AN ORDINANCF AUTHORIZING THE ACCEPTANCE OF COPS HIRING RECOVERY PROGRAM (CHRP) 200'J GRANT FROM THE UNITED ST A TES DEPARTMENT OF JUSTICE, OFFICE OF COM MUNITY ORIENTED POLICING SERVICES #2009RK WXO I 81. WHEREAS, lhe Englewood Ci1y Council rev,cwed and authorized the City to submil npplication for lhc COPS Hiring Recovery Program 2009 Grant rcquc-sting four entry level police officer.;; nod WHEREAS, 1he purpose of this Gmnt is to preserve and create jobs and 10 increase a police agency's capacity in II 's community policing nod crime prevention efforts by re-establishing the Impact Team; and WH EREAS, the U.S. Department of Justice -Office Of Community Oriented Policing Services has awarded Englewood Police Department the COPS Hiring Recovery Program 2009 Grant in the amount of $697,146; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCfL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the COPS Hiring Recovery Program 2009 Gran1, a copy of wlucb is marked as "Exhibi1 A" and auachcd herc:10. Section 2. The Chief of Police is hereby authorized to sign lhe COPS Hiring Recovery Program 2009 Grant on behalf of the City of Englewood. Introduced, re.ad in full, and passed on first reading on lhe s~ day of September. 2009. Published as a Bill for an Ordinance in the City's officia l newspaper on the 11th day of September, 2009. Published as a Bill fo r an Ordinance on the City's official website beginnintt on the 9th day of September. 2009 for thirty (30) days. Rend by 1itle and passed on final rending on the 21st day of September, 2009. Published by title in the City's official ncwspapc:t as Ordinance No._. Series of2009. on the 25" day of September, 2009 . Pub!' shed by ulle oo the Coy's official wd>si1c bqimning on the 23'" day of September, 2009 for thiny (30) days. James K. Woodward. Mayor ATTEST; Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Ciak of the Cily of Englewood, Colorado, hereby certify that the above and foregoing is o true copy of I.he Ordinance passed on final reading and published by title as Ordinance No._, Series of 2009. Loucrishia A. EltiJ • • • • (i ...., -w U.S. Department of Justice Olf1ee of Community Orionlod Policing Servica (COPS) 0/fo q/1/r, Dt,wo, II//Or.,.,.,,1w-NJI' War~'"""' DC 20SJO Chief of Police Thomas Vandorrnee En&\cW110Cf Polito Depmmant 36\SS.ElatiSir.et Entilowood, CO !0110 July 28, 2009 Re: COPS Hiring Iu,cove,:y Program Oranl # 2009RKWX0181 ORI#: C000301 OW ChlG! of Police Vmdennco: Once epln, I would Ilk< to oongratulam you on =!ving a COPS Hiring Rocovcry Progr11!11 (CHRP) aWl!ti Your award is for 3 officer positions and S697, 146 in fede:al funds aver • lhree-ycar grant period. Your ,gcocy may now begin hiring or r,,hlring officers to fiU CHRP gn,rn-fundcd posltlons. Bnolo,ed In this package is your JINIIII awani The Awan! Do:waenl must bt slr,ned and rctnrnod to the COPS Office within 90 days to offlcWly accept your crant Tbe Fr,,quCDtly Atl:ed Qu,:$11om (FAQ) documtlll iucluded in this pa:k.oge sJ>ould be bdpful in mswering 1111)1 questiOlll you 1111)' bm about ecupting your award, ur requ-..sting addi!i01181 time to do so. Beglnnia& oa th• -side of your A wml DocumOlll, you will iind a lDtal of throe pages of CHRP Grmtl Terms and Conditions. You should !<ad and familiari2o youi,elf with all 16 tenn! and condillom that apply to your CHRP a-:-1- A supplemcnlll onlioe awmd package for CFIRP gnmt= CID be found 11 lt!!P;/lwww.cops p,dol gqy,'Default.up?)tqp=Zl7). We stroag)y encoungo you to vish this si1a lmmedlmly to -1 varioty of importalll and hclpi\d documel!IS as,ociated vmh your ■WIid, lncludin& Ille CHRP O!lnt Owner's Manual, which specifies the 1taDS, cmlffiOIIS, mid n,quir,,ments of your lll1nl-Also, wffblll a few weeks yoo should receive an lmp011BD1 package from 1he Office of · tho ChlefF"maneial Olli<lel', Office of Justice Prognms. which wlU C0lllain the forms and inslJUclions ncceasar)' to bell,ln dnwing down funds for your gram. AJ mentioned at the dme of 111Ul0untem•nl, each CHRP application was subject lo a lhorough n,vlew, and 10me of ywr application information may have been updated or comewl from the original version submitted to COPS. If you have not yet done so, please access )'0111 appliention Ill bllR;/lwww cops,Vldoi ooy!Defau1La,,p7ltom"'464, nnd print and mairftain • final copy for your rocords (If you are un4ble to print a COPY of your application, please contact the COPS Office ot 800.421.6770). The Financial Clearance Memonllldum (PCM) and Final Funding Memor•ndum (F'J'M) Included In this package n,fleet allowable cosls and amounts under your award. The FCM specifies U1e amount of COPS Hiring Recovery Program funds awarded to your ogenoy f01 officer salarles 11nd approved boncfitt, while the FFM contains the final officer sa,ary end fringe benefit cntegorles and • X H I • . T A nmount fo, winch yes• •S•M> was npprovd. Please reYiow bolh documenu carefully, as your n(\Nl<) mo) n11ly h, ,.,mbur$ed for the nmounts •nd approved cost categones indicated. M a r!>minder, unde: CHRP all position, aW!!ded (or an equal numberof\letol'ID officers) mull 111al11r 01 onhan"" r.ommunlty policmg in occordnnce with die communily policing plan as do ;nhod withi n SecUon S of your application If for any reason your agency finds tha! your C11mm1mh) Jl')ll•lng p,aN hm 1ignificantly changed from those oudinod ln yotr application (e.g., brr.110t,• you n><;elvod few0.1 offi cers U,an orlgin•lly requested and thus must BilCI the scope of your cor,munlly J1<>hNO£ p ans). please n,vt,. !ho plan aocordlngly and submit 11 to the COPS Office for n-1•1nw and np1>rovnl, Yo• should abo conl!Cl dte COPS Office if, for any reason, you need to modify you, RJIIII award Thb lnl'ludu any r&llocation of your awarded positions ocross U1e li1rce primary hlrina cauoaones (t.t., new hires, mhlres of officers laid ofl'pn:-appllcllion, and rehires of Clfficers lald ofT or 11ehodulod lo be laid ofl' post-application). As Cl(l)lainod It the lim• of grant application, th= are signilitant reporting rcc:'JircmcnlS on the use of CHRP funds. In odd I ti on to quarterly financial and programmatic progress report, submlnod to tho OOl'S Office, CHRP granttes are also requirod lo submit quartr.rly Recovery Act reporu wilhln IO days aflet lhe end of each calendar quarter lo www.FedertlReportjng gov. These Recovery Aot repons wlll be mAde avellable to the public on www,Recovery gov. All grm,tecs must be ~Stertd u aulhoriz,,d men prior lo submitting reports to www.FederalRoportlng,gov. The roglstrotion :function 011 www.FederalRcpor!ing.goy will be available no later th1111 August 26, 2009. Please note 1h11 registration with tbls website also ffilUires users to be regl,tere d with the Centrsl Co!ltrador Jtocistmiai (CCR) IDd have a Dun cl Bradslreet Dall Universal Numbering Sys,cm (DUNS) number. Registering with CCR and obtaining a DUNS number tm additional processing time, so your agcacy should take lmmodlllt steps to meet these roqulmnantl ill advmce of negllll'Mioo with www.FederaJRprortjng.ggv. For addltional information 011 CCR and DUNS. pleas< refer to lhe CHRP Grant Owner's Manual at http;//www,cops.usdol,gowDefault.asp?)lem~2270. Finally, plwe remember !hat grantees must main all sworn officer positions awarded under the CHRP grant for a minimum of 12 months following tho 36-monli1 federal funding period. The l'Cllincd CHRP-fundod posltion(s) should be added to your law enforocmcnt btq;ot wilh state and/or local funds, ovs and above the number of locally-funded po.,itions tbl1 would hive mtist,d in the absenc, of the granl In your CHRP grant npplie!llon, your agency was ,,quired to affirm that It pinna to n::ala the addttlonal officer position: awarded following the expiration of the i;rant, and to Identify the planned sources of retention funding, If, durint the life of the grant, you h8"" questions ~ing the retention n.quin:ment or your retention funding sourecs, please contact 111• COPS Office for assistance. • Once again. ~llllions on your CHRP award. If you have any questions nbout your grnn~ please do no1 h<Sitate lo call the COPS Offu Response Centor Bl 801U21.6770. Slnccidy, ~ David M Buchanan Acting Director • • • U. S. P cporm,ent of Ju,tlc, Office of Communiry Oriented Pollcm, Stlr~lcCJ. COJ •S H1rmc Rec.ovU)' Procram Granl Terms ind Londtllon, Br 1ip,01 the Awanl -,. _pc lhi. COPS HlrtOC ReaM:·y Pror-(CHRP) ,,..,. "".,.,, ... .,,. ..... tl,,d< \y the rollo,,ing CBnt tc:rn: and conditions: I, l\e ;rantoc agrees tt1 coffl4)ly with lhe term, and cond1tion1 1n ch11 COPS Hmn, Rtco11ery Pr0cr1m Onn11 Owner•, Manual: COPS """'" (42 U.S.C. I, l7il6od, Cl 1cq,), 21 C.F.R. Pon 66 m 21 C.F.R., Pan 70 os opplieablo (I0Y<mlnG admlni,mmvc roqulrcmcn~ for g11nu 1nd coopct1tiYC ,g,...mcnt1): 2 C.F.R Pon 225 (0MB ClrculGI A-&7), 2 C.P.I\. Pon 220(0M8 Circular A·ll), 2 C.F.R Pan 2l0 (0MB Cifculor A-122),nd 48 C,F,I\. Pan l 1.000 cl 11<C1 (FAR l 1.2) &S ll'Plicoblc (ao•ornlng cost prmciplcl), 0MB C,rcul•· A· Ill (aovcn,ln& 1ud111~ Amoricon RecoYOI)' ond Rcliwe1tmcnl Act (Roco"'Y Act) of 20119, P.L.111-S: r.prcsent11ion, midt in th< COPS H•-ina lleoo"'Y P-g, .. opplloobon; Ind all olhO" opplicobl< prvpm "'l""'"""ti, low,, Offltl, ,.aul■tlON, 0t wculots. z, n. granl<C •an:a to corTI!llr with the ,_,.._ and ConlflCAtlon& h>rml that wett IUbmlltcd II part of 111 COPS H111n1 R~ Pro111m oppllcotlon. J. The rundln; u'ldcr 1h1' projcet ID ror the peymcnt or npproYed full-time cn1ry-levd 1wnm omccr cnlerles 11nd frinec bcnoncs over three yt1t1 (for a to11I orJ6 months orrundml) for new or rchlnid addl1ion1I. career low cnrarccmont offictt po,it10111, hired on or 11ncr the ,wllld 111n d11t. Th• Fillll!1ciol Clcar1noc Momorondum Included In )IOUr awoml pookOI apccln" the co.,, tho! lhc 1nntc, '• allowed to fund with yourCHRP 1wwd. it will allodercrib,ony-wltlo!t haYObccn dlaRowod 1ftcr1cYlew of)ltlurpropoaoc. .J1c1. The pantu .. y not uc CHR.P runtll for 1n)'lhms not id<ntlfoed as allowable In the Finad■I a..n.ce Mcmorand..._ C, CHR.P .... l'und, moy oot be u,ed to rcpl■oc ml<« local fund! (or, Cor oibol --9,,_ of llldion A!fain runda) tllal would, In the at.n"" or lcdml 1id. be moda aY&lloblt for hiring ■ndlo, rehl:laa full.tin,,..,., low ,.r.,,...mcnt officll' posirion,. s, ~ tho tlmo or I""" ,ppllcatioo, the arantoc ccmmlued to rit1lnln1 111 CHR.P officor po,ltlona aw1rdod with ,mtc 1ndlor local runds ror , minimum or I Z months 11 the conclusion or lG mootl,1 or rod,nl fundin1 ror Old, pos~lon , over and obovc the number of localty-fundod po1ition1 1h11 would h1Ya C1l1ted In the absenBC-or the pnt. Yau cannot 111iafy lhe retention rcqui~anl by using CHRP po■ltlona 10 ftll v1cmics 111,m 1ttMtlon. 6. TK "'°''° .. y r;qucst u a.t:Nioto of lhc pn1 1wm,I period ID ""°'"" odditiooll time to i""4>l<mcal the lfllll prvpom. Sod, Cllcntiona • ""'pmido odd!tional flmdill&. Only lhoieptc;s thal-prvvidc1.....,..t,lcj11tifatioo lorckloy, will bc...,tcd ·-utmt .... Rwoublt )IIStlf ........ may IUIUdt dally■ " hlrina CXlf'S.lundcd paoltio ... •If-MnOffl, .. other , ... mo11nca Iha! Interrupt the l6-monlh gnnt fundm1 period. Ao exmosion ■llDWl tt,, snnmo lo -• for IUd, dci,ys by pmYldlna addi1lon1I umc lO oomplctc the full 36 month1 ·or rundlna (or each position awarded &lcuto11 'fPHCIU mw:r be cm/YU' naec w Jhc! end datr oflhc neat ;t u:,1n1«za rruzuw,, cwlYtrtf eO«c an ewaf Ml wrlrctl MU b« 9aaroffli nabi w1dgr Vftl' ll11rt1,t1 cJrcu,nvancu 7. During the CHR.P grant r.nnl period, 11 may bco,o,,. ncoesu,y r .. an agency to modtry lo CHIU' 11mnt •Wini due,. ch11tgc1 in .. .,...er•• lllCII or law o,fon:cmcnt sltUllioo. For IJCalCc, motllf"'""°" """""' Jloould be sulmluotl to th, COPS Olf,cc "11ca n ■pcy d"""""" 11w 11 ,.,,i need to snlft oflicu 'JDSlri..,. IWlrded ., one hlrin& al'I"')' WD a different hlnn1 c:ot<py o, nduce the tow number of po,wom IWlld,d. Onnt moG!fiClbOftl undor OflU' art <YllaalOd oo I cue-o,,._. blSi■. All modiflCllion roques• ""'" b< oppn,""1, m wrldn&, by the COPS Office prio, to th,u 1n.,itme:1wlon. In lll<ltlon, pl<ut bt aworc th11 the OOPS Office wl\l not appn,,c any modlfico11on n:qu,~ 1lo11 rcsul11 In 1n mcn■sc or rcdml ruod<. 8, Tht COPS Office ml)' conduel rnonllorin:g or iSlp0050t' llllllonal CYlluo.tlon, ofthecorz Hlrlnn Rcco'YGry Program. Th, sninlcc •arces to cooponto wilh the moniton and 0Y1lu11or1. 9, To ■-ill th• COPS Office ia the monltorin1 of your a.,,rd, lhc cnntGC qrecs to aubmll qut111'111y p,ogrlfflmllic prosrc11 report, and quono,1y finandal _,. io addolloo to any rq,oru ru ultal by the lleoovory Al:t The ~ ,1., .,,... to submit all reqo:si<d ,_ta in• dmely-,.cr !G, llot COPS Offi« pcrfom11 YlnOU> ~ ID CDIU't _,,_ with all ,:.. roqul,.,...tr, to ,..... the ffl'l'lcme,,lllloo of oommunlty pollcins In ■wonlcd Juriodlctiona, and to p1t11id• technical 11,lruncc: to.,.._ Orant tronltoiing octivkl11 .,. routine durin1 tho pont l"rlcd ,n<i may occur up to three y,an r, llowlna the of!ici,I clD8u"' of th• ;nnt ■wan!. Theoc function~ and oll\m, oft.en require the pn,ductio11 or sran1 .. rcliued documen1ati1 n and other materials. tu• COVS CKRP grantee. you agree to coop!:nltt wlth any ,uct, roquem for h1form1tlon. I t. The 111'1\leO llfOC' to """"'1 with th< fotlonl rep,lllloo■ p,nainlng to the devclopno,nl and ift'!,lcmcnlltioo or,. Equal en.,loym,nt Opponunky Piao (21 c.F .R. Pin 42 J11bpon E). Few _,...., pteer lhould oonauJr die ar,co of JUJ!ice Pn>cnm<. orr ... for llvll RI.,.. welloltc II ,.,.,.ojg yadoj toy/lbopl/pq/eopp b 111- IZ. lloo snntce "'"' ID ~clc ,nd UCfl .. file, u 'l'l"'O.irillZ, I BUl'CIU ofCotizonlhip Ind lmniption S<mCCI e.ym,nt Eligibility Verificllion Ferm 0·9), Thie fonn i■ to be u,ed b) rioiplcnts of rcdml funds to •crUy tbat pcriDIII are t lialble IC -t in the Untied StatCL ll, All newly hired, llddltionll officcn (or 1n equal numbor OI rotlcploycd •Clcrln offit:en) fu,dcd undc, CHRP mull cnpg, In community policing ■cth1tlu. Conminlty poli<ina ICIIYI ics to b< initiated '" cnhlnco,j by tho grm,tco we1< Identified en<i d"<ribrd m )'OW OIJU> ann1 flPPllouon, with ,.r.,.,,.. ID ud, of th: followlnc ,lcmcnu of oonmmlty pollc1na: 1) ......,.ky Page I ofl t: S :Jepanm~n· of Ju:a~f' Office fJ ICommu•un Or1om,1d /'1,/Jc.mr Scr!,)t rt!J COPS U1nn, Recove11 Pru:rem C:1:111 Term· nnd Cnnd1Uom J)tt:no.•,t11pi and ;t.1pr0r1, b) rel1ted gov~m::nal and commtlnltY 1nit11uvcs u.a, compt:mcnt Ule ~·• pirupo:..:d w.-o! ::-1 ru i\toding. a,id t) hnw lhe pnntr.: will usr th" funds lo rconcnt Its m1uion 01 cnbnnce Its commllmen.1 If! community pt-heint 14 °'1:'lte:c:s lh.11 prov1or 14w cnron:cmcnl scmCC$ 10 anoui,r pm.schct"1:II lhroa:t,. 1 c:ontrld mm! taSllft tba off"n.n ~ una~ this CHRP GffWI do MC Jlervlet lht olher juru;d1ction, bul will nnly bt 1nvnlvctf in acclv1t1c.7 or perform RUViCC!I that cx.ch1s1vcl) benc:ic lht ptu'J OWP Jurisd~ Grantees Cl inn! ta C:tRP funds 10 pl) lof' • COlltrld UI teee!Yt law cnfnrct!tflClrt ICMCtS from anolhm •Cen<:J' JS. Fabe Sllllcmcnts or claITTtS 1ndr Jn conncctaon w1tll COPS JrlDt& mciy rC$UII in nnc.s. impnaonnu:nl, ot clcbll!'fflcnt froru p1rtic1pnt.lng 1• l:dcnl c,.u c, ..,._ aadlor any olhcr n:maf7 a,uloblc by lcw JG, The grantee unden:umdJI thlt cbe COPS Hiring Itceovuy Program is funded through lhc Amuk:an Rccovuy ~d Rc.inveslment Act (Rco~ AGl) at 2009 Md •i:rees to comply w1tl the cxtcm:lvc IW>Wle®ml)' md ln1nsp.irca0)' requirements on the use or n.cove,y Act funds; CA) neeovon Ad IaPc:tioru Listed In Schcdutr ofExnrndlturc~ nCfedcrn~ Awo,rds aml BeciricOI Ilc..mooslhlllhes ror 1nformloc Slllm!mml ( I) To mnxlmiu: the transparency and account:ibilil)' of funds authorit.ed under lhc Amcrafl Recovery nnd Reinvc.."1mc:nt Act af 2009 (l'ubli<: L,w 111•5) ~"l' h4) u requ:red by Concrw and In occonlaocc with 2B CF.R. 70 ·'Uniform Admlnlsuadvc R.q1m==n, ror 0.-.,. ~ Cot lnstlmtiau oJHlst,c, !:ducaw>o. H._,lmls and Odllr Noo-l'rlllit Orpoimiou" ellll 28 C,f.R. 66 "Untfonn Adminiltn~vc. R.cqulrcmcntl for Or■nta and Agrecmentr for State ,nd Loc,J Oovemmcau., .. lnc m:ipi~nt •pees "'oomt&lo r«ollU 1h11 id::nd~• &dO'lllalOly the soun,c and 1ppllooti011 ofl\tcovcry Ac< fond.I. (2) For I roc!plent.cx,,a-od b) the SlnsJe Audd /td. -Q or 1996 aod 0MB Cm:ular A•l33, "A,,a!I.. oJ Stale,, :-t Government,, ond Non-Profil OrpnlzaUon,," the J<clplent qrees to sepo1>1ely Identify the c.,pendltures Int le~n· awanls und:r tho Jucoyc,y A.doo thoSdiedi:leofl\xpendltuca ofFedtnl Awards (SEP,\) lfld thtOIIIIColleotion~orm(SF·SAC) r"!uirtd by 0MB Clrador A•IJl. This ,ull bt ■-a,plisbcd by idcallfyiog e,q,enmtwc, /« rcdcnll ·-DIido oder th<lla:o>o; A11,cpamolym, tho SEPA, 11111 es ,cpaM row, undtr Item 9 of PIii ill 011 thc Sf-SAC by CPDA number, 1nd ineltt1lcu af U.t ,-,,fut *AJlR..\,." in ldo11lifyloa 1hr nmnc of lhc lcdenl pro.,... on the Slil' A and as the ~rsl chL-ctcn In Item 9d af Pul Pt Ull the SF-SAC, (3) The ieo\pacnt Ill""' to o,p,na:ly jdendly "'etda JUl>.recipkn: (If IIIJ') md clo:wru:m II the bmt o' --ml II 11>• ume of dllburscm:nt of fund" the federal award number, CFDA number, and nmount or Reco\lery A:t f,,,,11.1..1 ~ uon • recipient ewurd:11 l\='la)' Ad !undo lo: a exlJting pn,gram, tho inilltlnllion ,uml,htd to sub-reoip1cnts shill JJJ' ,, ,,,. L1' sub-•~11.-ds or ,ncrememll &:o,uy A,:, !lm!IJ mml"'IVl■r ,..JHW>rd, Ulidor the cxblto1,...,..,, (4) Tho rcolplon1 ,gr.., to requlr< theit 1ub-reciplcnu (I!" 1J1Y) to ln:tud, on theu SEFA 1nformution to spc~flaoll)' iden~!)' Rocov.ry Act fundq IIIDilllr to th< fflJIIPUl""' f..-the Rt,pja,l S!:FA d=ibcd ....,_ Th~ lnlonnatioo " n..:dcd to allow tht r<dp:c:nt to property monitor sµlweapi:nt cxpendtn1ro of R.tcoY:Q' Ar:t funds l:!'i WClll £: ovcriisht b) Che De~ of Jus:u:c. Office o!' rhc lmp:r.tor Gen:ral ind Oovcmment Accoun1n.billty Ofii« (8) Rmri:;u Report; ,od Cznttal Contll';\2! ltmt!UD (I} The ~!pknt nsrecs to complete: proJccts or aolivlllc:s which arc funOCld under die Recovery Act ,nnd to report on utt ofRe=ow., A<I fund, ptOl'idcd 11,,oop lhiJ 1wsd. l11(onnatu11 lram tht:oc rcpo:ts will be mad• ovailablo to Ibo publi~ (2) TIit rcporb "" d;ic no latci thin ten calcnda, d4y, a&r coch .. 1mdor 1J111!1<r in whicl, the n:cfpi... n:coivc the -- fonded i,, wllole or in part bJ 1he 1\ccovery Act. (3) 'lbt """"""and lbclr fu,t-licr n:dplcm, (1( .,,r, ll1IIJl n,aiinaia cunall ~ io Ike °'"'1a1 Cmu.ctor ~ (www.ccr.aov} al all tlrnc:i during which they ,hove ICU\c federal 11wtml1t ftmdc:d with {t.ccovery Aa !unds. A Dun and Dtadstreet Dita Uni,,,.,al Nllllbcring s,-(DUNS) Numbtt (www.Job_cx,mJ b one of tbe roqulrm=ill fur rogl11nltioo in (ho Coot1111 Contnu:lar Rqbltllloo. (4) Tho 1cclplen1 ,h,ll 1q,ori tho mfonm1l1CM1 described in o:otloo ll12(c) of lhc Recovery Act usin& ll" 1<ponlng in'11110tions and dllll -thol will be plOVded oollne II www.l'ala11lllq,ortinu•• IN! cmuu that 1117 in!annlliM thll u pr,-filled I, cofffi!lod or updated a, 11:cdcd (C) Pail Ejqpls o(Rcoipi,-<11.llre!,ni lnac<Ofr!Meowi!h.,.... m2(c) of the Re<o'"')' Ad, the roapicnt 111<csthll not ID1ct lhao IOda)'lal., lbocnd or...., alondor !JWM'lcr, each 1tcipiCJt1 lllllt rctcl\'cd Recovery Act f1111t1J from a fedc.,I nr,tnc:, shall submit a rapor1 lo 1h11t 1g.cncy thot contolhs- (1) Oic tohl __,.I ot,...,.,,. runmrocc,•ed tiam lllal-, (2) the ■mount of recovery fonds rccc!vccl thnt w0re expended ur obligated ta projcct.c or ectivltics; llnd P) • ddlil<d at or ID proje:Uor activilrcs fo, -rc:ovay ftmd,-. cxpcndod orobllpltd. ineludio&- (1) the: n11mt of Ille proJeci or bctiv11y; , (b) 1 daa1Plioo or1bo pwlc<t or •ctMty; • • • • L S Der,L'°ffll"nt of Ju~1ct ,:Ji« a(Comnumlr; (Moued fo/1;,·1"-' Sr"'P1;;a COPS Hlr1nc Reco11crr Procram Gnuu Term~ •nd CoDdJuotu (c) UI CIYlltilllDft of the complcllon llGlUI or the. pl'CJCtt or 11.:\JVlt)', (d} 1n c111matt of Uni numhcr of Job,oreeted and the numbc• orjobHeuunet! by U1c. prop:l or oot1v1~y, ind (0) for 1nfr11tn.iNurt irweJ.tmenu mldr by s1atc 1nU Jr,cel governmcnLS, thr purpose, tolal CO$\, und m1lon11lc of UMI 11i;oncy fo1 Cundlnc. ttic 1n!nar.ructure uwcscmcnt vAtll funds made a"nl.loble under lhtt Act, aa.d n1C1¥ of the pcrsoo 10 c.onu1e111 lhc 1t£,cney Ir there 1rt. con.t:anu; Wltb the 1nftu1rudurt investmcnl. (4) Dcllllcd lnrom11 .... on JllbconttlGU « ilUbpnlS (If on)') lwa:dcd by Ill< IOClplUI ., ,neiudc Cho ..,. cl,-i, r,qulred 10 comply wllh Ille Fodera I Funding Aeeoun11hnity and Tran1p1r<ney ACI of 2006 (Pablk IA" 1119-Ztl), 111°"1°' •~=!!lie rq,on;"C on ewonb below S:25,000 or to md1vldual.1i, u prcsctlbcd by the OlrcctOf or the OITtcc or Management and Dudge:L TilelC-reporu lr-G In 1ddition to o!lu1: Jinl)®jaJ uncf procremmo.lk re.ions rcqlllrcd by lhe COPS Offict1. The ""!lictll ogrcc: 11,ai lhc Deponmcnl or JIIJlic, (DOI) and I~ rcp!OSCOIIIIIVU C,nelud'"& COrS ind tho Office or lhc lnlflctlor 0cncnl (010)) ond lho 0o,cmmcnt Aaoounll!>llily Office (0A0) moll hlvt _,. 10 .. d the rii:h< ID mmin< oil !CCOTIU (i,,elud1n1, but not limlled to, booQ. papers, 11nd documc:.nw} related to 1h11 Rcoovery Acl award, The. n:cipionl nlso avw Cho.t DOJ end lh~ OAO ,,. authorized IO lnlUVlow any omcor or employee of Ii, riclplw "'i•rdlnt tt1nu<llw relo1ed IO this R>t••"l' Att •wtrd. (E} Rs;P9din: Poteniol FP WW, I® Ahles end Snnfl1r tr«m,dug Th, rcclplanl 11fCC,1 IO prompUy rofcr IO !ho Office or tbc i..-0cnu■l (010) Ill)' ctcdlblo cvldcnce 1h11 , , •sen~ controetnr, 1ub-cr1n1ec, 1ubcontt1Ctot1 or 01her .,eraon hu aubmltted I t1l1e olalm under the Ftlse Claims A a criminal or olvll vlol,don or law, ptrlJllnlng IO h ud, con0lct of lnlCfcs, bllbery, QIIOJII}', or ■lm llar , R.oovel)' ACI fllndL The 010 m■y be oon11dcd 11 OIQ hpjljno@vidp\ m wwusdoj.govlol&II 100.869.«99 ('P) fmt;;tJn,: Smo 1M yp1 Gn!RDmcnt Ind Contrwctar WhilrtJebk,wm '1cipll, C1Dplo1",1 1r ha~ commllt~ .A111due1 lnYolvlna • ••. ·,cJ11m. and The recipient ogRC:Jl lbl! the Jleeove.ry Act proY1d ·.s ccrt:ain prolCCUons agaJnst. reprlalr for employee:: or no .... :-• 1 empl· yen (1t1tc ind lo:al gnvcrnmcou or priva1c conttacton) who disclos.c lnf'ormaUon to fcdct1I officl1ls rea,onaDl)I bctll.evcd.., I • ev;:ir :c of gross manogcmco~ '""' wurc. rubsW1tlol and opccir,c danj:or to publ~ hcnllh o, ,afcty, abu1e or 1uthodt1 , o, ,1o1,11,..,. ·I :,w rol11od 10 con= or pv11S uw,g Rcco""f "" fund&. {O) Semrtk Imam, p! BenortJru; ofRe;am Ad Fvaoc IM Qm;om;:j The rc:cip1~t llQrccs to meintain ac:ountins Sy.stems o..nd recor<b thllt adequ111lCly lllck, 1ccour.t for, and report on 1H runds rrorn chls llccovc,y Act ow,rd (Including officer, hln:d, ,.1,rio, ond [rln10 bcnofill paid, and Ibo numhct of jobs crcl!lcd nnd job, pmcrvcd) 1cpon11oly rnini All other fllnds (intludln1 olhc, COPS •nd /cdor■I ;ranlS owordod for Cho Hmo or simllor purposes) (II) M/'1191111 R,qyjrgncng 11111 Cjyppco Th< ,..;picnt ocrccs 10 oor,.>y wllh ony mcc!lficolioos or oddltiOOII "'!'lftfflCllll 1bot n,oy be hnpoted by low and (Ul\ltc COPS (including gnvommcnt•widti:, :""Jido.nce anti cl1rificntion:. ofRo:ovt11 Act rcqulrc:ntntt. • r .) JIODJl,,..,,,OltlA~N-,, Wdnl'IM. DC. 2QJJ0 MEMORANDUM U.S. Department of Justice Commumry Orianrcd Policing Services (COPS) Grants Administration Dil•ision COl'S Hiring Recovery Program T· Chief of Police Thomas Vandermee Englewood Police Department From: Andrew A. Dorr, Assistant Director for Grants Administration Re: COPS Hiring Recovery Program (CHRP) Final Funding Memo!111ldum The COPS Office has completed the financial analysis of your agency's buc'geted costs. This Final Funding Memorandum (FFM) reflecu your agency's fiDaJ iyproved officer salary and fringe benefit categories and approved salary and benefits amounts. Plt:ase note that the salary 6ud benefit costS requested in your original application may have bel2I updated or co=ted from th• original ve:sion submitted to COPS based on communication with )IIJUT agency. Thmfore, r'J should carefully review this FFM, as your agency will only be reimbursed for the approved cost categories that MC shown within this document OJP Vendor#: 846000583 ORI#: C00030 J Grant#: 2009RICWX0!81 DUNS#/: 144258444 Full-Time Sworn Officer Information Current First Year Entry-Level Bue Sal~ry for One Sworu Officer Pus i!Jon: $49754.00 Fringe Benefits Cost Additional Information Socinl Security: $0.00 Exempt: J Fixed Rate: 0 Medicare: $721.00 Exempt: 0 Fixed Rate: 0 Hcaltb Insurance: $12704.00 Life i nsurance: $9100 ' ' ( ) Vacation: SJ 196 .00 Number of Hours Annunlly: l 46 Sick Leave: S0.00 Number o(Rour5 Annually: 347 Retirement: $497 5.00 Worker's Comp: $1605.00 Exempt: 0 Unemployment Ins: $13.00 Exempt: 0 Other. Disability Insurance. $647.00 Describe: Disability lnsunnce Other. tloliday Pay • SI 196.00 Describe: Holiday Pay Other: -Describe: Total CUrrent First Year Entry-Level BeoefifJ for One Sworn Officer Position • $23150.00 Total Year! Salary s+ Total Year 1 Benefits= $72904.~ Total Year 2 entry-level salary for one sworn officer position: $529 1 S .00 Total Year 2 entry-level benefits for one sworn officer position: $23706.00 Total Year 3 entry-lave! salary for one swor •. of!icar position: $58219 .00 Total Year 3 entry-level beocfitl for one sworn officer position: $2463 8.00 Memorandum U.S. Department of Justice CommwtlO' Orlenretl Policing Sr.r1J1ccs Grants Administration Division COPS Hlrine Recover)' Proertm To: Chief of Poli co Thomll5 E. Vandonnee Englewood Police !)epartment Fro,o: And,ew A. Dorr, AsslSIUt Dircolnr for Grw,11 Adminlstnbon Re: COPS ffiriQ& Rocowry Program Financial Clolmce Memo OJP Vendor#: 846000583 ORI#: CO00J0I DUNS#: 14425844-4 Grant#: 2009RKWX0181 Total Nwnbor of Pull Time Officers Funded new Hlros: J ., ltc!u,os-Pre-Applitllloo Llyoffs: 0 ( 1 -.chi,,s-P .. •Applicalllll Ll)'offs: 0 B•Jtet Category Proe....i Budpl Full Time om ... Selary S214,482.00 Full Time Of!iw Fring, $4C2,664.00 Benefit; Officer Salary and Fringe Bezu:fill for Tbrce Yw, $697,146.00 Total CHRI' Fundlo& for 3 Ollicel's $697,146.00 Total CHRP Funding for 3 Officers ~ 6129/2009 QvmU Comrontt Cosu Por Officer: $232,382.00 Total Cost $697,146.00 Aeeroved Budset Adjustmenu Dinllowed/Adjus1.ed • ReasollllComm•n~ $214,482.00 $0.00 $462,664.00 $0.00 $697,1.6.00 $0.00 $697,146.00 S0.00 Federal Shue: $697,146.00 A financial anal)'lb of budgelod coats bas t,e.., ~znplotod, and this F'inancial Cleannce Memorandum reflecu the lllllOWlt of COPS lliriug Jlj!coYOty Procrn funds awanled zn your agC<IC)I for officer alams and ap;nvod benefll&. Pleate note that the aluy and bool:61 COSII zeqaomd ie your oripal applieatiott ffll)' ha-.e ..., updu,d er com:cu:d from the original version submittod ID COPS. You should comillly miew your F'uw Fundin& Memo (l'FM). "bicll Is enclosed"' your IIWlnl padcage. 'Jbc FFM conllilll the flllll officer nlary and fringe benofg catogorlos and amoun11 fi>rwbich your ageocy wu appn,ved. You wlU note that 10ll'IOOOS11 may hl-.e been adjusted orremO\llld. You, 11oncyroay only be reimbur,od forth• ■pproved cost ee~orlcs tho,I ara rl "llmen18<1 within the.PPM, • ·:,, to the •~unts IIJ)CCifled in this Fineneial Clearance Memorandum. . ! • • • nv AI.JlllORITY ORDINANCE NO. SERIES OF 2009 COUNCIL l NO . ~O INTRODUC-IJ BY COUNCIL MEMDER WILSON AN ORDINANCE AUTHORIZING A STATE OF COLOR>\00 DF.PARThlENT OF LOCAL AFFAlRS COMMUNITY DEVELOPMENT BLOCK GRANT (COBG) NEIGHBORHOOD STAB ILIZAT ION PROGRAM (NS P) GRANT AGREEMENT. WHEREAS. the Housing and Economic Recovery Act (HERA) appropna1ed $3 .92 billion for 1hc Neighborhood S1abilii.ation Program (NSP !) 10 support the acquisition, rchabilita1ion. or demolition of foreclosed and abandoned properties; and WHEREAS, the Ci1y Council of the Ci1y of Englewood, Colorado aulhorized the Chy's appli cation for Federal funding 1hrough 1hc Neighborhood Stabilization Program (NSP I) by the passage of Resolution 34, Series of 2009; and WHEREAS, the Colorado S1a1e Housing Board approved the Project Rebuil d NSPI applie-01ion on July 14. 2009 and awarded the City of Englewood $1,253.379 ; and WHEREAS, P, :,ect Rebuild will purchase and rehabilitate abandoned or foreclosed single• family properties in Englewood's ten eligible census t.racts; and WHEREAS. the key NSP rcqu1rcmen1s include: • "ISP Funds musl be eApcnded wi1hin 18 months of the date the S1a1c received funding (Man:h 2009). • A mull i-year reinvestmc m period with a 1en11 ending Murch 10, 2013. • I louseholds pun:hasing properties must undergo a minimum of 8 hours of HUD-approved homeownership counseling. • I 00'/4 of all funds shall be used to serve families whose income does 001 exceed 120'/4 of Arca Mediao Income (AMI). • 25% of all funds shall be used 10 serve families whose income docs 1\0I exceed 50"/4 of AM I. • Rehabilitation S1andards must be established {minimum of Housing Quality Standards and local codes, wi1h green building and energy and wa1er efficiency encouraged). • Sale prices of abandoned or foreclosed homes ~L••:l145ed or redeveloped and sold to individuals, as a primary residenc:e, shall be equal 10 or less thnn 1he cost 10 ncqu,rc and redevelop the home. • Purchase prices of homes can mcludc ~losin~ cosls. • Appraisals are required on all acqu1S111ons using NSPI funds. • Foreclosed homes shnll be purchased u1 o di~coun1 of 01 lcns1 J ',o from 1he currcnl marke1-approised value. • Admmisuuuve fees up 10 2% for non-D1rec1 and reasonable developer fees 10 opera1e the NSPI program arc allo"·c:d. NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OP ENGLEWOOD, COLORADO. AS FOLLOWS: Section I. The Mayor IS aulhonzc:d 10 execu1e !he lntergovcmmcntal Gram Agrccmem anached as• Altachment I" for and on behalf of the City of Englewood, Colorado. Section 2, Pursuant to Article V, Section 40, of 1he Englewood Home Rule Chaner, 1he City Council has dctennined 1ha1 Attachmcnl I. attached lo this Ordinance, shall 001 be published because of its size. A copy 1s avitilable in the Office of the Englewood Ci1y Clerk. Introduced, read in full. and passed on first reading on 1he 8th day of September, 2009. Published as a Bill for an Ordinonce in the City's official newspaper on the 11 • day of September, 2009. Publi shed as a Bill for an Ordinance on the City's official website beginning on 1he 9th day of Sep1cmber, 2009 for thirty (30) days. Read by 1itlc and passed on finol reading on the 21st day of September, 2009 . Published by title in 1he City's official ncw,Jllper as Onl1nance No.__, ScriClo of 2009, on the 2s• day ofSep1cmbcr. 2009. Pu blished by litlc on the Ci1y's official website beginning on the 23 •• day of September. 2009 for Lhiny (30) days. James K. Woodward. Mayor A,rEST: Loucrishia A Ellis. City Clerk I, Loucrishia A. Ellis, Chy Clerk of the Ci1y of Englewood, Colorndo, hereby cc11ify that the above :u1d foregoing is a true copy of 1he Ordinance passed on final reading and published by title as Ordinance No._. Series of 2009. Loucrishia A. Ellis • • • NS!' CilJ' of5nr,lrwood / BONSP09J08 Horne•, wnci ,h1p Cata lo: of Federal Domtsti, Asslsu ucr (CFDA) # ~ Contract RouUn: 1 _ NAA __ Encumbroner • HONSP<l'll08 Acro unt Code(•): ___________ _ STATE OF COLORADO DEPARTMENT OF LO CAL AFFAIRS COMMUNITY DEVELO:PMENT BLOCK GRANT (CDB G) NE IGIIBORHOOD STABILIZATION PROGRAM (NSP) GRANT AGREEMENT with City of Engl ewood TABLE OF CONTENTS J, PAR.TIES ,.,H1••• ..... • .. ••1t1tfN•uu1111,., ................. ,.111ttttn, .. ••,... ........ , ____ ..................... ,.,. '""""""'"'"""""'"""',."''"• ~ 2. EFFECTIVE DA TE AND NOTICE OF NONLIABilJTY _____ ....................... , ..................... -............... 2 l.RECITALS ◄.OEFlNlllONS _______________ _ S. 'IERM AND EARLY TERMINATION __________________ __, £ STATEM'&TOFPROIECf------------· ........ __ ........ ______ ..., 7 MATCBINGFUNDS .............. -............. -------·· .. ····· .. ··· ................. _ ••••. -------' I. GRAmEEFINANCIAL MANAGEMEl-.'f _______ ........................... ______ _ 9. PAYMEN!"S TOGRA!«BE ......................................................................................................... , ........................................... 4 10. REPORTING AND NOTIFICATION ............................... , ...................................................................... , ............................ 5 11. GRANJ'EE RECORDS ............................................................................................................................................................ 5 12 CONFIDENTIAl. INFO.-:MATION•STATE REOORDS. ................................ . ........................................................... ~ IlCONFUCTOF!NTL "T ............... ____ ----······•·• ... · ........................................ 7 I◄ REPRESENTATIONS AND WARRAN!lES............... --------_____ 7 IS.INSURANCE__________________ ------··8 16.DEFAUL'J'.BREACll------------------------J 17 REMEDJl!S___ --------------------10 18 NOTICESaod REl'RESENl'ATIVEL ......... _ .. _________ _ ______ II 19. GOVERNMBITAL IMMUNITY .................. -.. ··------.......................... ·-----·· .. ·· 12 20. LEGAL RESIDENT ......................................................................... ___ .............. _ ............................................... 12 21. SOLE SOURCE GOVERNMENT COITTRACl'S, AS DEFINED IN COLORADO CONS1TIVl10N ARTICLE xxvm.. ____ .... , ............................................................................................................................................................ 12 22. STATEWIDE CONTRA CJ" MANAGEMENT SYSTEM ...................................................................... ____ 13 23. GENERALPROVJS!ONS ......... ---------·······--·· .. ······· ........ -........ ------'3 24. COLORADO SPECIAL PROVISIONS ____________ ....... -.• ·······--............... 16 25. SJGNAIURE PAGE-----------------______ ........... 18 EXHJBIT A-APPUCABLELAWS------------·•-···· ................ ____ 1 EXHIBITB-STATEMl!NTOFPROJECT(SOP) ... _____ . _____ .......... -.... -......... _____ J EJO-IIBIT C-INCOME & REN!' UMIT ....................... ·--·------·· ..... _ ........................................ -•... 1 FORM 1 -AFFIDAVIT OF LEGAL RESIDENCY ....... ---.................................................................................... I Pagr I of!B for-:. Revised 0.112(1(1Q " 1' T C H M E li ·r l I, l'AllTIBS THIS GRANT AGREEMENT ("Granl'') is entcn:d into by and botwcca City of Entlcwoo<! ("Grantee"), and the STA TE OF COLORADO (the "State") 1c1,ng by and chrough the Color.odo Dcparlllcnt of Local Air.us (the "DepMlmcol") for the benefit oflhe Division ofHousmi;("CDOH") l. EFFECTIVE OATE AND NOTICE OF NONLIABTLITY This Grant shall not be effective or cnfon:cable until approved and signed by tl,c Co lorado State Controller or authorized delegate ("Effective Date'?, but shall be effective and cnfo=ble thcrcafler ,n accorcl&nce with ill provwons The Department shall nlll bc obligated to pay or reimburse Graottc for any performance horcundc,, including, but not limited lo costs or expcns= incurred, or be bound by any prov,sion of th,s Grant prior to (ice dr~d options below) A. 2Pllon U The Effective Date n. 2Pllon ~ The later to occur ofth<: l!fl'cdive Date or !he date nf I sepal'llc leUcr i.~ued by the Department ("Release of Fund. Leucr") notifying Grantee of lbc completion of a l&li,,f>CIOry environmental review and authorizing Grantee to obligate or use Grant Funds. C. g_pti on ~ March I 0, 2009 for aulhoriwl pre-contract cosis, as defined in §4(F) below and §2.8 of Exh ibit D, Such costs may be submitted for reimbursement as if incurred after !he Bffcdivc Date. 3,RECITAJ.'l A. AuU.orley, ,.pproprlallo n, And Approv al Authority for this Grant arises from CRS §24-32-705. Authority cx.isll in !ho law and funds have been budgeted, appropriated •nd otherwise made available and a sufficient unencumbered balance thereof remains available for p1ymcn1 and the rcquized approval, clearance and coon!ination hav e bCCll accomplished from and with appropriate agencies. B. Gnmlee GrMtee is an eligible recipient of Grant Funds made available by the Pr>gram, as defined below, and awarded by this Grant Grantee is 1watt of, willing and able to comp!:• with all provisions specific to the Program, as set forth in Exhibit A and to complete the Project descn'bcd in Exhibit B. C. Purpose and Dopa.-tm enrs Role The Department administers funds made available to the Department for the purpose of Improving the fon:closwe crisis in Colorado and mal:e available affordable housing opportllllitics for low nnd modC111 tt- income fnmilies .. 4. DEFINITJONS Toe following terms as used herein shall be construed and interpreted os follows: A. Effective Dil e Effective Dale means the date Ibis Gran! is effective and enforceable in accordonec with §2 above. a Exhlblts and Other Att1chment1 Exhibit mea111 the fo llowing are attached hereto and incorporated by reference herein: Exhibit A (Applic1blc Law), Exhibit B (Stai.men! of Projeot), Exhibit C (Income & Pont Limit), and Fonn I (Affidavit of Legal Residency). C. Goodr Good.s means any physical ilcrn produced or l'IUUlUfilctured and acquired by 0 rantco cihcr •cparately or in conjuoctioo with the Services rendered hereunder that are rcquiffil by the pn,visions bcrcof. D, Grant Fund.I Grant Funda means the funds available for dislributioo by the Dcpartmcn.t to Grantee Cot use in connection with the Project, as ,cl forth In the Recital! and Statement of Project sections hereof. E. Party or Parties Party or Parties means one or both of the Department and Grantee. P•a• 2 ofl8 • • • F'. Pn-•con1rac1 cruu Prt•contract eos 4 art the co:ns mcurred on or after the date Iii apr.:1fied LR §~(C) a.'1<tvie and thr Effcr.t:vt Do1e of 1h15 Gr> 5ud cosi. shall lave been detailed m Grantct ·, NSP groat application and a, specifically aulhonwl by !he S!Blr and tocorporalc,I hcrc mto E1hibfl B G. P ro~rom Prowam mean,; the redcral Communil)' Development Block Grani, Neighhorhnod S!Bbihzation Program, which provides runding for this Grant. H . Projecl ProJecl muns the Projccl described in !he Rcctu.ls a:ad Exhibit 8 I. Project Bud~el ProJCCI Budge! means the Projccl Budget described m Exhibit B J, Services Service, mean• service, performed or tangible ma1crial produced or delivered in completing the Project and m performancr of Grantee's other obligations bcnunder K. Termlullon Oat• Terminati on Date me•nl the da le this Granr tcrminata as dcaeribcd in §S(A) below. L. Work Product Work Prodiu:I mean, software, research, reports, ;tudic., data, photographs, ne gatives or other finished or unfinished doeumcnrs, drtwinas, model,, ,urvey1, maps. lllllel:ials. or work product of any type, includinc drafts, JftP1ffi1 by Granree in COnlpleti!lg the Project and in perfo1m anee ofGraolcc'a other obhgatiolli hereunder. S. TERM AND EARLY TERMINATION A. Initial Term -Work Comme11cem eot The tcnn o! lhls Grtnl shall commence on the Effective Dare and rernunatc on M•reh )0 20)3. u,,,_ terminaled earlier II provid:,d below. Granree's obligations under this Gran! shall be undertaken and performed in the acquonce and rnanncr set forth in Exhibit n. Performance of this Grant shall commence as 1000 u practicable aft er (set chrcked option below), l. 0 the Effeclive Dale; or ii ~ the larcr ro occur of the Effective Date and the date sat forth in a R.eleasc of Funds Letter. B. Dep ■rtiu cnl's Option 10 Ex\end Th• Department, 11 ,rs sole disc:n:tion and upon written notice lo Grantee, may unilaterally exrcnd the tcmJ ofrru. Grant for a p,riod of up lo three mon lhs under the same provisions ns the original Grant 1f the Parties arc negotiating , replacement contn.cl (and noc mcnly seeking a tcrm extension) II or near the end of any initial term or n extension lhereot This extension shall rcnninatc al th e earlier of either the end of the lhrcc month pcrlo,J or when a rcp lnc cmcnt Grant is signed by the Partica and approved by the State Con1rollcr or autborfaed designce. Any other extcmioo of the term of Ibis Grant rcqulrc.s an amendment made in accordance with the Modification •ubsoction or the General Provisions b elow, C. Early Te r mina tion This Grant is subject lo wty termination in ICCClrd&ncc with the general rerncdie, provisions or §17 below and u specifically otherwise provided for herein. 6. STATEMENT OF l'ROJECT Grantee sha ll eomplcre the Project nnd pennnn its olhcr obligations u desail,cd herein and in Exhibit B. G.-.ntce shaU prwccure ill obligllions hereunder and in Exhibit B with due diligence lo complelion. The Department, u, its sole discretion, but in accordance with limitalions imposed by lhe Office of lhc Stale Conlrollcr, may change budgelll}' lines in the Project Budget acciion nf Exhibit B. The Department shall acnd notice of such changca within 60 da)'I in accordanco wi th §18 below. 7. MATCHIN G FUNDS This sr:ction O shell, or ,hall not 181 apply to lhis OrtnL If applicable. Page 3 oflS A. Amounl Granto, shall provide mntching funds" provided m Ilx hibl! B. Grantee shall rai se the full amount of matching funds durin g the term of this Grant and shall rcporl to the Oepartrnen t rega · · mg the <tatus of ,uch funds as required in Exhibit B. B. Breach Grantee's failure to rai se matchin g funds, to keep records, and/nr to repon may affect its con tim.1r.d participation in the Program under which this Grant operJLcs. In addition , the Depar tment may terminate this Grant under the Termination for Cause subsec tion of §J 7 bel ow if the Department has reasona ble evidence th•t Grantee will be unable to rais e such matchin g fund s during the terr,1 hereof. 8. GRANTEE FINANCIAL MANAGEMENT A. Accounts Grantee shal! maintain properly segregated accounts of Grant funds, matching funds, and other funds ass:,ciated with the Project and make those records availab le to the Department on request. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner , in acoo nlance with the Project Budget set 'forth in Exhibit B. B. Project Bud got Linc Item Adjustments Rc ,_;..;('.ing budget lines within the Project Budge~ Gnntce may: 8) 1101 adjust individual budget line amounts without approval of the DepartmcnL Such approval !b.:11 be in the form of: a) a notice issu ed by the Department in accordance with §18 below; or b) an amendment in accordance with the Modifi cation subsection of the General Provisions below. u. ~ ,djust individual'budgct line amounts without the Department's approval if: •) there are no transfers to or between administration budJll't lines; and b) the cumulative budgetary line item clwigcs do not er.coed th e leoscroffiftcen percent of the total bu dge ted amount or $20.000. 9. PAYMENl'b ro GRANTEE Grantee ah al'be pa;d in the following umounts and manners , subject to return of any unc,pcnded Grant Funds : A.. M•"mum Amount The maximum amo un t payable under this Grant to Grantee oy the Department shall be $1,253,37 9.00, as determined by the Department from available funds. The Depnrtment shall re imburse Grantee for e.oets approved in the Grant budget, sci forth in Exhibit B. Sati sfactory performance under the terms of thi , Grant shall be a condition precedent to the Department's obligation to reimburse Grantee. The maximum amount of Gr"nt Fw,ds payabl e as reimbursement unde r this Grant, and any extension hereof, shall inclv~e all Grantee's fees, costs and expenses. B. Payment AU payments ore subje ct to the§! 7 below. I. Method and Time Grantee periodically shall submit invoices to the Deparbnent in the fonn and manner set fortb in Ex11ibit n, and attach timeshects, receipts and other requested documentation in the fonn and manner approved by the DepartmenL Grantee shall subm it request for rcimbunements/invoiccs within 30 day s after the end of the period for which payment is requested, and final billing, under this Grant sha ll be received by the Dcpertmcnt within 45 days after tem,inotion hereof. Untimely requests for payment mny be accepted at the sole discretion of the Dcpart,nenL il. FJectronic Funds Transfer Payments shall be made t y one of the following methods: a) by mutually agreeable method including in-person pickup, b) electronic funds transfer (EFT) ifGnntec provides written EFT instructions to the Department on • fonn acceptable to the Department, or c) vi a the U.S. Postal Service or other deliYery service addressed us specified by Grantee in the remitloncc address section of Exhibit B. Pnge4 ofl~ • • • Hi. ErrooeOU\ Paym~nts, l 'nexpcnth:d ond 'E.tces, Funds Gnan1ee shall refund povmenlS made by the S1a1e m emir for any reason. including, but nOI hm11cd to overpayments or 1mprnper pnymcnu:, within 1 ~ dayli of disco1,1cring or reccivmg notice of such error Any funds paid 10 Gnntcc hereunder not expended to coMceti011 with this Grant by the tennination date shall he refunded by Grtntcc w1th1n IS d&ys of such da1c. Any funch not required Lo eomplelc GranleC's obligations hereunder shall be de-obligated by the S1010 ti Grantee receives funds hereunder durmg any fiscal year in cxccsc or it& spending hmit /or sueb fJSCal yw, Gran!Oo shall refund nll excess funds 10 the Stale within IS day, of the Inter of of disc, •rm11 or rcc,:ivmg nollcc of such excess. Erroneous, unexpcn~• , and cxoeu funds rceeiYCd by Grantcc under lbu Grant shall not be refunded or pud lo any p:uty other than the State Iv. A nllablc Funds-ConUngcncy-Termin otlon The Oepartmcn1 ii prohib11cd by l,w from making fiscal commillncnls beyond the u:nn of the SIDte's current fiscal year. Thc:rofore, Grantee's oomperuiation II contingent upon the continuing a\'ailability of Sl11e appmpriJtion, as provided in §2 or the Colorado Special Provisions, SCI forth below. tr federal funds arc used with this Grant in whole or in part, lhe Department's pcrfonnancc hereunder is conhngeot upon the continuing availability of sunb funds. Payments pursuant to this Grant shall be made only Crom available ftmds encumbered for !his Gnnt and the Dcpastmcnt'a liability for such payments shall be limited 10 the amount remalning of such encumbered funds. C. Addltlonal F11n dr Gran tee shall provide any additional or matchina funds necessary to perform its obligations in aecon!anec with the budget in Exhibit R D. R emedies If state or federal funds are not approprialcd, or otherwise become unavailsblc Lo fund this G=~ the State may immediately ltrnllMte the Gnni in whole or in port without fur11,., liability in accordance with §17(B) below. JJ odd.itional funds under §9(q are unavailoble in whole or part, the State may, in its sole discretion, reduce ,ts total fundin& commitment hereunder in proportion to lbc reduction in odditional funds. If Grantee fails 10 refund paymcnll as sci forth m §9(B)(IJJ) above, the Stale may offset the amount not J1'twnod against any otbcr unpaid funds the Stale owes Grantee under any other grant, agreement, or obligation between the Panics. IO.REPORTING AND NOTlFJCATION Reports and analyses required undet lhu scctJon shall be made in aceord.-,,-,e with proccdUJcs and in <Uch form u prescribed by the Deportmcn" A. Performance, Prop-us, Pcnoonel, ud Funds Gronlce shall comply with all reporting requirements set forth in Exhibit B. B. LIUgatioo Within IO days aner being served wnh any pleading 11'l ated to thts Grant nr the Project, in a legal action filed with a court or administrative agcuoy, Grantee shall notify the Department of such action and d<olivcr copies of such plcadingt to the Department's principal representative in accordance with §18 below !fa Department principol rep1<:.aentativc is not then ~•rving, 1ucb notioe ond copies •hall be delivel'cd to the Eleeuti vc Dim:tor of the Otpart,ncnl C. Noncompllancc Grantee '1 failure to provide report, and notify lhc Department in a timely manner in ao ·ordanoc with Otis section may resell 111 the delay of p■ymenl of funds aod/or 1emunation under§ 17 below. 11. GRANTE.E RECORDS Grantee shnll make, keep, maintain and allow inspection and monitoring or the following records: A. Maintenance Grantee 1hall maintain , complete file of aU n,cords, documcnll, communications, notes and other wnlteo materials, electronic media files, aud communications, pertaining in ony msnner 10 the Project or the dehvery of Services (includmg. but nol limiled to the operation of pro&tlllll) or Goods hereunder Grantee 3hall maintain such l'Ccon!s (the Record Retention Period) until lhe 1111 to occur of the following; L a period or~ ycm afttr the dote this Grant is complelcd or lcrmin11ed , or H. finnl puymcm is ma-de hereunder, whichever is later, or Pagd of! 8 Hi. for such further period as mo.y be neccr:sary to resolve ar.. pcndmg matter!, or Iv. if an 1udJ1 i, oc<umni;. or Granta: has rccc,vcd nouu Iha! 11n 1udi1 Ii pending. lhen un1il iuch audH has been complc1ed and iis findings have been resolved 8. ln,r,rcLio u Granlct sbaU pcmiil Ille Sute, lhc federal f>Vcmmenl .,. any olhel duly outhorizcd unenl of a govcmmenul agOllC)' IO audit, lll$J>CCt, cuminc, ex~ copy and/or lnn$Cnbe Gmitcc's record, rclued 10 lhis Gran! during the Records Retention Period IO assure compliance with the term s hereof or 10 evaluate Grantee's performance The Department reserves the right IO inspecl the Project at all reasonable nmes and pl&ccs dtring the tam or lhu Grant, includll\l any cxtcnsioa The proviS1ons §1 4(E), §16, and.lo, §17 hclow shall apply if pmJec1 performance docs not conrorm 10 Graot requirements. C. Monitoring Grantee also &hall pcrmlt lhc Slale, the federal govcn,n.Clll ix any other dul} authoritcd agent of a governmental agency, in the sole discretion of ruch govemmen1al agency, 10 monilOr all activi~cs conducted by Grantee pursuant IO this Grant, using uny reasonable procedure, at the discretion or such govcmmenul agency, mcluding, but not limited to: internal evaluation procedures, examination of program data, special anal)scs, on-site chc,clting, and f01rnal audit cumin&tillllS. All such monitoring shall be performed in I manner which will not unduly lr,lerfere with Granloc'a pcrfonnance hereunder. D. Final .~adlt Report If an audit ii perfonncd on Grantee's record, for any liJcal year covering a portion of the it:rm of ·hil Grant, Grantee shall submit ono copy of the final audit report II> the Department's principal represeutativc at the addn:u apecilied in §18 below . 12. C ONFIDENTIAL lNFORMATION-STATE RECORDS Grantee acknowledges that it may become privy to confidential information in connection with its performance hereunder, including bo1 DOt limited to State records, personnel records, and information concerning individuals ("Confid,:nlial Informatica"). The following applies If Grantee receives coulidcntial information: A. Conlitlentiallty Gl"llllec shall keep all Coniidennal !nforr1ation confie\cntial at all times and comply with all laws and regulations conccming confidtntiallty of ioformation t~ the same ..:t"'J applicable to the Dcplrlment. Any request or demand for infOl'fflation in lhe possession or Grcntcc wade by a third party shall be forward<d immediately 10 lhe Department's principal reprea,:ntallvc for resolution 8. Noflficatioo Grantee shall notify each of 11S agents, employees, •-ub-J!ftut.,....:, subconuaciors and assigns (each a "Related Pany"') who m.1y come into contact with Confi(,:ntial Information !hut such party is ,ubject to tho confidentiality roquimncots set fonh herein, and shall provide eacu Related Pany with a wriuco explanation of ,ucb requirement! before pcrrru tt ing such party to &eCC$S any lllf'ormatioo of the Department C. ll1e1 Security, and RettaUoa Confidential lnfonnauon of any kind shall not be diltnbu1ed or 10!d IO any tlurd party or used by Grantee or a Rcllted Party in any way, ..:cept as authorized by this Grant and u approved by the DeportmenL Grantee shall proY!~ and maintain a sc.::u,e environment that ensures confidentiality of all State records and other Con6dential Information wherever located. Confidential lnforrnatioo sh·11 not be retaillC1d in any files or 0U1erwisr \,y Gron1ee or a Relnled Party, except as set forth in lhil Grant and opproved by the DepartrtenL D. Difclosar•-Ll1bility Disclosure of State records or other Confidentiol lnfo1mation by Grantee or a Related Party for any reason may be caw,e for legal action against Grantee or such Related Party by the Slate or third part;es and defOIIIC of any IIICb actico ahall be Grante,:'1 sole reaponsibility, E. RMllh Insurance Portability & Accountability Act or 1996 ("lf!PAA") Thit section O shall. or ,haU not ® apply to this Grant Federal law Lad ,.gulations governing the p. ivacy or certain health information requires a "Business Associate Contract• between the Dcpanroent an~ Grnntce. 4S C.F.R. Section 164 504(e). Attnchcd and incOIJ!Oratcd herein by reference and agreed to by the P1rtie1 It a HIPAA Busines, Associale Addendum for HIPAA compliance. Tenns of the Pale 6 or JS • • • ----------------------------------Adclcndwn shall be cons1dcrrd bonding upon acevtoon of thos Grant and sJ.,11 rcrn,tn on enec.1 dunng the term of this Gra,,t, mclud1nr any c<1cns1on. 13. CONFLICT or INTEREST A-Definition and Appearance Granttc. shall nr1t cngngc in any business or personal 3ct 1vitic.~ or practices or maintain any rclntionsh1ps which conflict in any wny with the full perfonnanct or Ornntcc'g obligntions hereunder. Grantee acknowledges that with rc.specl lo ibis Grant, even lhe appearance of a conflict of interest 1s hannfU: to the Dq,Allmtnt's intcre<ts Absent the De,,artment's prior written approval, Grant:eshall ref ram from any practices, ai:tivilic., or rel. bonships which ,ascnably appear to be in conOtct with the full perfonnancc of Grantee's obli,ations ro the Depl11ment hereunder. Gratntce &hall comply with the provislonsofCRS §18-8-308 nnd 124-18-101-109. 11. Spccmc rrohlbitions Oranlcc', ond sub-grantee's rc,;pcclivc officers, employees, or agents sha ll neither solicit nor accept gratuiucs, favors, or anything of moncw-y value lrom Oratntce's potential subgran:CCS, or parties to ,ub- contraets Gratntce's employees, officc,g, agents 01 any permitted sub-grantees shall not panic1pate in the selection. award, or administration of this Grant c.-my sub-gnnt or sub-«>ntract, if an actual or apparent con•licl of lntcn:st would occur. Such a conflict would arise when any of the followmg has a financial or other iatcrcsl "' the firm selected for award; L 111 employee, o[ficer, agent or board member, il. any 111C1Dbcr of tho employee', imm edi ate family; iii 111 employee's partner; or Iv, an org&oization, which employs, 01 ii aboul to employ, any of the Lforcmentioned. C. Dctermll11Uon by D epartment • Dcu ult U Grantee iJ uncertain u 10 the txlstencc of a conO,ct of interest, Granlcc shall submit to the Department 1 dliclosUlC statement scning for,b the relcvaru detlw f01 the Department'• consideration. Failure to promptly submit a disclosure statement or to follow lhe Deportment's direction in regard to the appo.rent conflict shall be cons,dered a materinl default of this Orant and ground• for termination under the Tcnoination for C.i.ose subsection of §17 below. D. Code of Performance Grantee, Ind sub-grantccS and subcontracton, if my, shall llllintain a written code of standards governing the perfomwice of their rcspccti•e crn;,loyca, agents, and contractors engaged in tho award 111d adrniniJuation of this Grunt, or subcontract or subgnnt, if any Gratntec shall provide a copy of such code to the Dcp1rtrnent within IO days of the Dcpnrtmcnl's wrluon request tbcreforc. 14. REPRESENTATION S AND WARRANTIES The Parties me tho following specific representations ar.d w·,rratntics to each other, upon which each is .lying in cl1ICring into tbil Cmit A. St1ad1rd and M anner or Performauc, Grantee shall perfonn its obligations hereunder, icc!uding in accordaoce with the highest professional 1t1ndard of care, skill and diligence. Grantee shall pcrfonn its obligations hereunder in the sequence lllld llllMcr sci forth in Exhibit D, 8. l nspecUon und Vedfic nliu n The Dcpa1tmcnt reserves the right to inspect lllld monilor Grantee's performance bcrcundLr at nil l'CUCl\lble times and places to verify that they conf011D to the requirements of Exhibit B. The provisiOTIS §1 ◄(£), §16, and/01 §17 below shall apply ifGrank'o'1 performance docs not confonn to Gratnl rcquirtmcnll.. C. Ltgal Authority-Gran tee and Gn nteer Slgn11ory Orantec warrants that it possesses tho legal authority to enter into this Grant and has tsken all notions rC<Juired by its procedures, by-laws, lllld/or applicable law, to exercise thnl authority, and to lawfully authorize ill unde~igned signatory to c«cute this Grant 111:l to bind Grantee to ill terms. The pcnoon ,igning and executing this Grant on behalf of Grantee hereby rcprcscnll and warrants and guarantees that they hive full authorizr.tioo to do so. If requested by lbc Department, Grantee shall pro•ide the rage 7 oflS Depanment the b.asu ror Gran1e<'s aU!honl)' lo enter mlo 1h01 Gran, w1th1n IS days of rea'1V1ng ,ueh request D. Liccnscs1 Pcrmlrs , Elc Grantee represents and w•rrants 1h11 a; of the Effective Date it has, and that •tall time, dunng the term hereof ti will have, at ils l'>lt e.xpensc, all licenses, cc:-ufioations, i!pprovat, insurance, pcrmits, and other authorization required by law lo perform its obligaboos hereunder Add1t10111lly, all employees of G11nlc: performing service, under this Grant shall hold the rcquirul licenses or ccrtific11ions, tf any, lo pcrfarm their duties, Grantee, if a foreign corporation or other entity tromacling buslncas io the Stale of Colorado , further certifies that il cum:ntiy hu obtained and shJJl mainwn any applicable certJCicalc of aulhonty lo lranS&el busincas io the State of Colorado and 1w dcsigtal<d a registcrecl apn in Colorado to acccpl service of proces&. Any revocation, withdrawal nr non-renewal of licenses, certifications, approvals, insurance, pcnnits or nny such similar requirements necessary for Grantee ID properly pcrfonn this Grant, sh4ll be deemed lo be a dcfaull by Grantee and grounds for termination unda Grant §I 7(A) below. £. Breach If the Grantee breaches any of its representations or warranties, the Deparlment may require Grantee lO promptly perform It. obligations again in confonnity w ith Grant requirements , at no additional cost lo the DepartmcnL If such breaches cannot be, or are not cured, the Department ir.:,y, in addition lo any otha Jelllcdies provided for in this Gran~ rcqun Granlctl to b.ke necessary acbou to = llut future performance confonms lo !he proviaioas of this Orant; and equitably reduce die payment due lo Grantee to reflect the reduced vnlue of the Project, Any reduction, delay or denial of paymenl under thfo provi,ion sh4ll nol constitute a breach of G11nl or default by the Department. IS. INSURANCE Grantee and its aub-gi , and 1ubcontrac1ors shall obtain and maintain inluranct as specified in this ...:tion at Ill times during the term of this Grant: All policies evidencing the insurancr coverages required hereunder shall be issued by insurance companies ulisfactory to Orantec and !he Stale. A. Grantee i. Public EnUUer If Grantee is a 'public entity" within the mconi:ng of the Colorado Governmental Immunity Act , CRS §24-10-101, el seq., u amended (the Governmental lmmunll)' Act"), then Oranteeshall maintain II all hmw dunng the tam ofthia Gnnl such liability msuracc, by commcn:ill polity or sclf-insuram:, as is ncceswy 10 meet it• liabilities under SllCh AcL Grantee shill show proof of such insurance satisfactor; lo th e Deportm ent, ifrcqucsled by the OeplltlllenL Grantee shall require carh grant or conlraet wit, a sub-gi'llltee or subcontraclor wbieb is a publ c entity, providing Goods or Scmoes in ronnection with this Gnn~ io include the insunnce rcqummcnts nccc..a,y 10 meet sub-grant= liabilities ur r the AcL ii. Non-Public Entitles If Grantee is not a 'public cnlily" within the mcnnlng of the Governmental Immunity Act Grantee shall obtain and mainwn dunng the tern, of this Grant in:nnnc;e COYC111ge and policies mc:ting the same requirements IOI forth in subs<ction B of this section with respect to sub-gnntees and sub- contrnctors which are not 'public entities", n. Sub-gr•nlecs and S ubcon trnctort Granlcc 1haU requirc each contract with a sub-grantee or subcontractor, othct tha:n those that ate public entities, providing Goods or Services in connection with tbls Orant lo include insuruce requirements substantially similar to the following: i. Workcr'r Compensatlon Worker's Compcnsatioo lnaurance u required by State statute, and Employer's Liability Insurance covering all of aub-grantec or subcontractor employees acting within the courae and scope of their employ,nent. il, Generel Ll•bllll)' Commcn:11! General Liability Insurance writteo on ISO occurrence form CG 00 01 I 0/93 or equivalent. covenng prerni,es operations, fire damage, independent contractors, products and • completed ope ration s, blo.nkct contractua l liabi lity, personal injury , and advenis mg liability with minimum li mit:. as fo ll ow& 11) $1,000,000 c11ch occurrence; b) $1 ,000 ,000 general •ggregalc ; c) $1,000,000 products and completed operations ag gregate ; and d) $50,000 any one lire. lf any aggregate limit i, re duced below $1,000,000 bccauso of cl•im s made or paid, sub-grantee or srbcontraclor shall immediately ob tain additional insurance to restore the full aggresate limit and fomish lo Grantee a certifi ca te or other document satir;faclory to Grant::c showinc compliance with L",fa provision. iii. Auton,obile Liability Automobile Liability Insuran ce covering any auto (including owned, hired and non-owned auto s) with a minimum limit of S 1,000 ,000 each accident combined single limit iv, Arldilional Insured Grantee and the Slate shall be named as additional insured on lhc Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage forcom?letcd operations on erdoncments CG 2010 I 1/85, CG 2037, or equivalent). v. Primaci• or Coverage Coverage roquired of the su b-grantee or subcontractorshall be primary over any insurance orself- insurance program carried by Grantee or the State. vi Concellation The above itsurance policies shall include provisions preventing cancellation or non-renewal without al least 45 days prior notice to the Grantee and the Stale by certified mail. vii. Subrogation Waiv er All insurance policies in any way related to the Grant and secured an~ maintained by Grantee's sub-grantee s or subcontrac tors as required herein shall include clauses stating that eaoh carrier shall waive all rigbu of recovery, under subrogation or otherwise, against Grantee or lhe Stale, iu agencies, institutions t organizations , officers, agents, employces 1 and volunteers. C. Certificates Elch of Grantee's subconlntcton and subgrantecs shall ~rov,dc certificates ,~owing insurance coverage required herewider to Grantee within seven bu siness days of the Effective Date, but in no event later than the commencement of the Services or delivery of the GJods under the subcontract or subgrant. No later tha, 15 days pmr to the expiration date of any such cove rage, each subco ntractor or subgrantce shall deliver 10 Gran Ice certificates of insurance evidencing renewals thereof upon request by the Department or at nny othe, time during the tcnn of a subcontract or subgrintcc, Grantee may request in writing, and the subco ntractor 01· subgrantce shall thereupon within 10 days supply to Gra,ntec, evidence satisfactory to Grantee and the Department or compliance with the provision s ~f this section. 16. DEFAULT-DREACB A. Defined ln ndditi on to any brcacbC$ or defaults specified in other sections of this Grant, in cluding , but not limited to O,c Colorado Special Provisions below, lhe failure of either Party to perform any of its material obli gations hereunder in whol e or in part or in n timeli or Gatisfactory manner, constitutes n default or brea ch. TI,e institution of proceedings under any bankruptcy, insolvency, rce>rga ni 7.ll tion or simi lar lcgislntion, by or agains t Grantee, or the appointm ent of a receiver or similar officer for Grantee or any of its property, which is not vaca ted or fully stayed within 20 days after the institution or occ urre nce thereof, shall also constitute a dofaull n. Noti ce and Cure Period lo the ever I of n default or breach, notice of such shall be given in writing by th e aggrieved Party to the other Part: in the manner prov ;ded in §18 below . lf such default or breach is not cured within 30 days of r,,ceipl of written notice or, if a cure cannot be completed within 30 days, cu~ of the default or breach has not begun within sa id period and pursu ed with due diligence, the aggrieved Porty mny tenninate this Gr.int by prov id ing written nolioe thereof, as prov ided for in §18 below, speci fying the efTective <' • of Page 9 of! 8 1hc termination Nnt'\lltth5tandmg anything 10 the con1rncy herc:in, lhc Dc:pnrtni cnl, m 1t£ solo discretion, fieed oat provide adva.nce notice or a cure period and may 1mmcd111.ely terminate this Grant 1n whole o.r m ran if.•• son>bl)' nei:essary to p~er,,< pui,hc .. re1y 01 to prevenl 1mmed1atc pubhc cnsis 17. REMEDIES If Grantee i,., def,ult or bl'cnch under any provLsion of this Gran~ the Department shall h•vc all of the rcmcdic.s listed :n t111, section m addition to all other remedies set forth in other sections of lhis Grant. The Departmenl may exercise any or all oflhe remedies available to it, in 1u sole <hscrction, coacurrently or eon1ecutrwcly. A. Termination for Cn u,e and/or Default lf Gran tee fails lo perfonn nay of its ob ligations hereunder with such diligence os is required lo ensure iu completion in accordance with the previsions cf this Grant and in a timely manner, the Department may notify Grantee ofsuch non-pcrfonnmu in accordance with the §16 above and §18 below. If Grantee thc,uftcr iails to promptly cun: such non-perfomwice within the cure period. the Depmmcn~ Ill its op1ion. may temnnate this entire Grant or such part of this Grant as to which lhcre has been delay or a failure le properly pcrfonn. Exercise by the Department cf this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of Ihle Grant ta tho extent net lenninatcd, if any L Obligations and Rights To the ex11:n1 specified in the termination notice, Grantee shall not incur further obligatioDJ or render further performance hereunder put the effective d&te of such notice, and shall also terminate outstandin& orders and subcontncts with Utird parties. However, Gnntoe •hall complete and deliver to the Department all St.-viccs ml Gooc!s not cancelled by the termination notice and may incur obligations as are necessary to do ao within the Gmit terms. In the 10le discretion of the Oeplllmen~ Grantee shall assign to the Oepal1mcnt all of Grantee's right, title, and in1ere1t under such tenninnted orders or subcontracts, Upon lcnnination, Grantee .~,11 tnlce timely, reasonable and ncceswy action 10 protecl and p~crve property in the possession ot Jrantec in which the Oepuuncnt has an interest. AU materials owned by •l,e Dcpartmenl in the possession of Grantee shall be immediately rctu."l'.lcd le the Department Nork Product, 11 the option of the Oepanmen~ shall be dcli\'cred by Grantee IO the Depanmcnt and shall become the De;,artment's property. il. Payments The Department shall pa y" 3JUC only fcr 1e<:cp1cd pc:tfonnance rcce,vcd up to the dall: of termination. JC, oiler tc,, • ·ion by the Oepartmcn~ it le dc11:nnined that Gran1ee wu not in defa,~t or that Grantee's a • un or inaction wu excusable, such 1cnnina1ion shall be treated as• termination in the public interest and the rights and obliJ•tions of the Parties shall be lhe same as if this Grant hod been 1erminatcd in the public lntm,st, as s.acribcd in §17(B) below. iii, Damages and Withholding Notwithstanding any other remedial action by the Department, Grantee nlao sbaU remain hable 10 the Deportment for nny dnmagcs s ·stained by the Depanmcnt by vinuc of nny default under this 1cction by Grantee and the Department may withhold ,ny payment to Gnrntcc for lhe purpose of miligaung the Ocpartmcnl's damages, until 111Ch time u the cxaci amount of damages due to the Dcpar1men1 from Grantee ia determined. Furthtt, the Dcpartmen1 may w1tbhold amounta due lo Grantee u ihe Deportrncnl deems ocecssary to protect the Dcpartmcnl against loss beeau,c of ouMnnding liens or claim~ of former lien holders ond to rcitnburse the Department for the excess cost, incurred in procuring similar goodl or 1cr,,ice1. Orantcc shall be liuble for excess cost.I UlCUm:d by the Dcpanmcnl m procuring from lhitd parucs replaccmcnl Services or substitute Goods II cover. 8. E•rly Termination for the P ublic IDierest The Department is entering in!~ lni• Grant fo, Ute purpose cf carrying oul the public policy of the Sia le of Colorado. as dc1cnnincd bv ;u Governor, General Assembly, and Courts. lf this Gran t ceases to further Ille pub!:; pobey of lhc S1,11e, the Dcpar1mcn1, in its sole discretion. may 1cnninale this Grant in whole or in pan. EAcrt 1Je by the Departmcnl oflhis risht shall DOI be deemed a breach of the Dcpartmcnl'a l'•a• 10 or1& • • • ahhgations hCJeundc1 Th1' subsccbon shaJl not apply 10 a tenmnauon ofth11 Graw t,y tht Ocparuncnl ro, cause or deraull by Grantee, which ahall b< governed by § I 7(A) above I. ~1 clhod and Conle.,1 The Dcpanmeni shall nobfy GJ'lllle< oflhc lermmauon m aocordmocwith §16 above tnd §18 below 1pCC1fymg lhc cJfedlve dll< of the le!TliMtion and whether II affects ,11 or a port,on or thu GranL iL ObUg1tlon1 and Righi. Upon n:ccipl or a 1am1nauon ooboc, Granlee shall be subj eel 10 and comply with §I 7(A)(i) aboYC. iil. Paymcnis If lhis Grant "1emuna1cd by lhe Departmenl in furtherance of lhe public inlcl'C$t or lhe State or Colorado, Gr1111tec shall be paid for talisfaclory performance up lo lhc dale or temunalion lcu paymenta previously made C. Remedies Not Involving Termln1Uon The l)cpartmenl, ita sole discretion, may exercise one or more of lhe following remcdit1 in addition 10 olhcr remedies ava1lable lo the Department: I. Su,pend Performance SUlpcnd Orantee'a performance w,lh respccl lo all or any portion oflhis Granl pending necessary corrective action 11,1 specified by lhe Departmen1 without entitling Grantee 10 an adjustment in price/cost or performance schedule , Grantee shall promptly cease performance and lncurrina cosls in accordance with the Dcpartmen1 '1 di=tive and the Departmeol shall not be liable for cost& incurred by Oran1ee after the suspension or pcrfonnance under lhi, provision, U. Withhold Payment Withhold p•yment to Grantee until corrections in services are satisfactorily ecmplet«I and lo: 11.cccptablo goods arc provided. iU. 0 eny Payment Deny p •ymcnt fo, those Services not performed and/or Goods nol pmrided and which due lO cit';umJIAnCOJ caused by lhe Grantee canno, be performed or provided or, if performed or pmv,doo, would be of no value lo lhe Deparunent; provided, that any denial of p1yment musl be reasonably related to lhe value of work, performance or G ,ods lost to fbe DepartmenL h '. Removal Demand removal v, .ny of Grtntee ·, employees, agents, or subcontractors whom the Department deems lncompetcn~ eareless, inlubonlinate, unsuitable, or otherwise 111acccptab le, or whose continued rclatiou to this Gnnt is deemed to be conlrary to lhe public intcreal or not in !be Department's beat inu:ral. Rtplaoe:ment of any key personnel bcmmdcr shall be done in accord.Ince with lhe relCV1Dt provmons of Exhibit B. 18. /'IOTJCES a.n d REPRESENTATIVES Each individua! idat!lJicd below is tho principal representatives of the designating Party. All notices required lo h ~iv·n hereunder shall be hand delivered with reeeipl required or sent by ccrtif"led or registered tr.ail to such Party's principal representative at tho address SCI forth below. In addition to, but DOI in lieu o~ hard-copy notice, ootice also moy be senl bye-mall 10 the e-mail addresses, if any, set forth below. Ether Party may from time to time designate by writt ~ notice substitute addrCSSCI or penons to whom such notices shall be sent Unless other••ise provided herein, all notices shall be effective upon reccipL A. Department: n. Grn nlco: Pal Coyle, Duecm< Color1<lo llepa11m,nt of Local Affairs 1313 Shemun Strec~ Room 518 O.nver, CO 80203 ~--E_m_all· r ,le@s1a1o.co.us Jomes K. Woodward, Mayor City ofEnglewood 1000 Englewood Parr.way Englewt>Od, CXJ .SO 110 Page II ofl8 19. GOVERNMENTAL lMMUNITY NorwiU1slunding any othc:-pronsion to th e co ntrary. nothing herein sha.ll consututea waiver, upress or implied , of any of the 1mmuniti~. rights, benefits, prote-ction, or other provi sions of the Color-ado Governmental Immunity Act, §CRS 24-10-101, cl se q., as amended. Liability for claims for injuries lo persons or property arising from the negligence of the Stale nf Colorado, its departments, institutions , asencics, boards, offic1als, and employees is controlled and limi tod by the provisions of the Governmental Immunity Act and th e risk manngcmcnt statutes, CRS !24-30-1501, Cl seq., as amended . 20. LEGAL RESIDENT This section [2SI shall, or shall not D apply to th is Granl Grantee must confirm tha t any individual natura l person eighteen year.i of age or older is lawfully pre.sent in the United Stales pur.iuant to CRS §24-76.5-1 01 el seq . when such individual opplics for public ben efits provided under this Grant by requiring the following: A. ld en tifi eation: The applica nt shall produec one of the following personal identifications: i. A valid Colorado drive r's license or a Co lorado identification card, issued pu rsuant to article 2 of title 42 , C.R.S .; or ii. A United Stales military card or • military dependent's identification car d; or iii. A United Sillies Coast Guard Merchant Mariner card; or iv. A Native American tribal documcnl B . Affidavit The appli cant shall exeeute an affidavi t herein attached as Form 1, Affidavit of Lega l Reside ncy, stating: i. That !h ey are Unitod States citizen or le gal pennancn l resident; or ii. Tha t th ey are otherwise lawfully present in th e Uniteci Sillies pursuant to federal law . 21. SOLE SOURCE GO VERNMENT CO TRACTS, AS DEFINED IN COLORADO CONS TITUT ION AR TICLE XXVJII. This section D shall, or shall not !81 app ly to this Grant. Th.is provision ap plies only to sole source government contracts and docs not apply to contract betwcco governmeollll entities or any contract which llSed a public and competitive bi dding process in which the State agency or institution of higher education solicited at least three bids prior to awarding the contract. Contractor certifics, warrants, and agrees that it has complied and will comply wit h Colorado Constitution Article XXVlil , including but not necessarily limited to the following prohibitions ond obligat ions: A. If during th e term of the contract. contractor bolds sole source governme nt contrac ts with the State of Colorado and any of its political subdivisions cumulative ly totaling morc than $ I 00,000 in a calendor year, then for the dura ti on of this contract an d for two years after, contractor will not make, cause to be mnde, or induce by any means a contribution, direcUy or indirectly , on behalf of contractor or contractor's immediate family mernbcr(s) for the benefit of any po li tical party or for the bent fit of any candidate any elected office of the State or any of iLS political subdivisions; and n. Contractor re presents that contractor bas no t previously made or cou,ed to be made, an d wi ll not in the future make or cause to be made, any contribution inten ded to promote or influence the resu lt of a ball ot is.,ue elec tion re lated to the subject ma tter of this co ntract; and C. Contracto r will satisfy contractor's obligations to promptly report to the Colorado Department of Personnel & Adminis tration information included in the Government Contr~cl Summary and the Contrnct Holder lnlormation ,: L,;ortling thi s contract and any other so le source govemmcnl contracts to which co ntrac tor it a party; and D . Contractor understand, that any breach of this section or of Contractor's responsibilities under Co lorado Cons titution Article XXVIII may result in either co ntractual or constitutionally mandated penalties and 1emcdics; nnd E. A Contractor that intentionally violates Colorado Constitu lion Article XXVW, Section 15 or 17(2), shall be ineligible to hold any sole source government contract, or pub li c empl oymen t with the st ale or •ny of its political subdiv isions for three yMrs ; and F. By execution of this contract, Contractor hereby confirms it is qualified and eligilJlc un der st1ch provisions to enler in to Uiis contract Page 12 ofl8 • for purpos~ or this: clause. the tenn •1co:uractor" shall include persons that c:ontrol ten percent o:-more slw-cl 01 interelt m contractor. as well as contractor's officcn, dtrcctors, and trustees. The term 111mmcd1atc family member" ,hall include a spouse, eh1lrl, r.11nuse's child, ,on-in-law, d•ughter-m-law, parent, •ibling, i:nndparent, grandchild, stepbrother, stepsister, s1epparenl, p•rent-in-law, brother-in-low, sisler•U1-law, tun~ niece, nephew guardian, or domestic partner, 22.STATEWIDE CONTRACT MANAGEMENT SYSTEM {1'1,/J ,w,o• shall apply when tho E.flectn•e Date/Jon or ajlcr July I, 2009 and tht rnarlmum umou•t payable to Grantee hereunder" S/00,000 or Aighar] By entuing mlO this Grant, lhe Gran1ccagreC1 lo be governed, and IO abide, by the provisions ofCRS §24-102· 205, §24-102-206, §24-103-601, §24-103.5-J0I and §24-105-102 cooccrning lhe monhorin&ofvendo:- perfonmnce on stale contracts and inclusion of contraCI performance information •• a 1ta1cwidc contraCI managomcot system. The Gtantcc's pcrfornwtcc shall be evaluated an acccnlancc wilh the terms and conditions of lhis Grant, Sllltc law, includil>& CRS §24-103 .5-101, and Stale Fllcal Rules, Policies and Guidance. Ev&lu.ation of lhe Grantee's performance shall be part of lhe nonnal con!BCI adminiitration process and lhc Grantee's performance will be ryttcmatically recorded in lhe statewide Contraol Management System. Areas of review aha!J include, but mall nol be limitod IO quality, cost and timeliness. Colloodon of information relevant lo the pcrform1nce of Grantee's obligations under this Grant shall be detenninod by lhe specific requirements of such obligations and 1h1ll lnolude C.etors tailo~ to match the requlrcmenlS or the Statoroent of Project of this Grant Such performance Information shall be entered into lhe statewide Contract Management System at intervals established in the Sutement of Project and • final review and rating shall be rende~ within 30 days of the end of the Grual lcrm. Tho Orantcc shall be notified following uch performance and shall ad~ or correct any Identified problem in a timely mamcr aod mainlain work proaresa. Should the final performance evaluation de1cnnine WI the Grantee demonstrated • grou failure to meet lhc pcrf'omw,cc measures established under lhe Sw=cnt of ProJcct, the Executive Director of the Colorado Deparuncu.t of PCl100Del and Admirustration (Executive D: :cu,,), upon requc,;t by the DOLA, and sbowiJ>& of good cause, 1111y debar lhe Granlcc and prolu'bit the Grantu fnm. b1ddinj; on future contraclll. The Grantee may con,,.., the final evaluation and result by: (i) filmg rebuttal 1tatemcn1S, which may rosull in either removal or colJtC!ion of the evalUAtion (CRS §24-105-102(6)); or (ii) under CRS §24-105-102(6), exeroising the debanncot pro1es1 and appeal rights provided in CRS §§24-100· 106, J07, 201 or 202, which may rcsuh in the reversal of tho debarment aod reinsmtement of the Grontcc, by lhe Executive Director, up,:n ,bowing nf y,ood caus e. 23. GENERAL PROVISIONS A. Assignmenl Except as otherwise specifica ll y provided ic Exhibit 8 , Granlcc's rights nnd obligations hereunder a11: pc110cal and may not be transferred, o.ssianed or 1ubcontrac1ed, without the prior, written consent of the Sta le. Any attempt at assignmenl, transfer, aubcontraeting without such consent shall be void. All wignmcnts, subcoctracts/subcootractort approved by Grantee or lhe State shall be subject lo the provisions bcn:of. Grantee shall be solely 1-:sponsiblc for all aspects of subcJntrecting amngcmcnts and performance. II. Binding Effect Unless othc,wise provided herein, all provisi0111 fflin conlaincd, including lbe bcne611 and burdens, shall Ollcnd lo and be binding upoo tho Parties' n:spcctive heirs, legal representatives, succeuors, and wigns. r Captions The captions and hcadinga in lhi1 Agreement nrc for convenience of reference only, and shall not be used to intcrprc~ define, or limit its provisions. D, Counterparl! This Agreement may be cxeo1t1ed in multip le identical original cour " ~r which 1hnll constit111e one agreement. E. Entlrt Understanding Thi, Agreement represents the coanplcle in1cgra11oc of au understana:ngs I><; n the PartJcs and all prior rcpresc:ntatlons and unde.r11a.nd1ngs, oral or wnntn, are merged herein. Prior or contcmporancow- Pege 13 of IS addition, delclion, or other 11mendmen1 hereto shnll not have ~ny force or affcc.1 whatsoever, unless embodied herein F. lndemnlncatlon i. In tcrgovernmcm ■I Grants If 1h15 1s an mLergovcmmcntal Grant. the provs11>ns hcn:of shall not bcconsll1Jed or intc,preta! u a waiver. cxpreu or 1mpbcd, of any of lhc 1mmunit1e&. ngbls, benefits. p,otccuon, or other provisions, of lh• Colorado Governmental Immunity Act, CRS §24-10-101 er seq., or the Fedcrai Tort Clai m, Act, 28 U.S C. 2671 ct seq., u applicable, as now or hciwler amended. ii. No n-lntcrgovcrnmenlal Grant, Grantee thall indemnify, save, and hold harmlc.,s the Stale, ils employ••• and agents, agamst any and all claims, damages, liability and court awards including cosls, expenses , and attorney fees and relaU:d co~ts, incurred as a result of any act or omission by Grnnlee, or ita employees, agents, ,ubcontractorc, or assignees pursuant to the terms of this GnnL G. Jorisdic tion ■nd Venue All suits, actions, or proceedings ~i.ti:d to this Ai1C=cnt shall be held in tho State of Colorado and the Parties bcrby agn:c tlw YCDUC shall be proper Ill lhe City tnd Coimty of Dcn- H. List of Selected Applicable Lam Grantee at all times during the perlormanee of 1h11 Grant shall comply with all applicable Federal and State laws and their implementing regulations, currently in existence and u hcrcaf\cr am ended, including without limitation those set forth on Exhlbll A, Applicab le Laws, attached hciclo, which laws and regul ationa are lncorporaled hcicin and made part hereof. Grantee also shall require compliance with such laws and regulatiotli by sub-contn.cton under sub-contracts permitted by this GranL L Modificatlon i By the Partles Except u specifically provided in this Aar=cnt. modifications oflhis Agreement shall not be effective unless agreed to in wribng by bod, pll:tles in an amendment lo tlw Agreement. properly executed and approved in accordance with Colorado Sta« law and Sratt FiJc&l Rules. ii. By OpernUon or Law This Agreement Is subject to such modification, as may be required by chonges in Federal or Colorado Stole law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Agreement on U • effective dote of such du.nge, u if fully set forth herein. J. Order of Pris:edence The provisions of this Agr=nenl shall goYOrD the relationship of the Srale aod Grantee. In the evau of conflicts or inconsistencies bet......, this Agr=ment and its exhibit< and auachmcnts, such conflicts or inconsislencies ,ball be resolved by rcfereice to the documents in ~~• follo•ving order of priority; i §24, Colorado Special Provisions ii. §§1-23 of this Grant Agreement iil. E xhibit A, Applicable Lo ws iv. Exhibit n, Statement of Project K. Scvtrabillty Provided thiJ Agu:cmenl can be executed and pcrfoun:wce of the obligatiOIIS of tbe Parties accomphshed within its mlcnt, the provisions haeof ttt acvcrablc and any proviJion tlwt II declared invalid or becomes inopcnble for any reason shall not affect the validity of any other provision hcrcot I.. Survival of Certain Agreemen t Ttrm1 Notwithstanding nnything hereio ,.._ the contruy, provisions of this Agreement requiring continued pcrfonnnnce, compliance, or effecl after tem,ination hereof, shall survive such tennination nnd shnll bo enforceable by the Stnte if Grantee foils 10 perform or comp ly as required. M. Third ,'arty BcneCicl11rles Enforcement of this Agreement aod all righls and obh~•uons hereunder ore reserved solely to 1b, Part ies, and not to any third party Any services or bcnefils which third parties rcccivo II a reault of this Agreement are incidental to the Agn,emen~ and do not crc.11te any righll for such tlurd p1111,-s Pag• 14 ofl~ • • • N. Waiver Waiver of any breach of• ie,m, provi,ioi,, or requin,mCIII oflh,s Agrtemenl or any naht or remedy hereunder, whether explicidy or by lack of enfon,c:rnCJJI, shall not be coll5truod or deemed •• a w•iver of any sub.1cqucnt breach of such tenn, provision or requirement, or of any OthCJ term, provision. <>r requireme:nL THE REST OF THIS PAGE TS INTENTIONALLY LEF'r BLANK Paa• IS ofl8 24. COLO~DO SP~CIAL PRO\'ISJ0'.'1S These Spec,al P,ovisions apply to all State contracts except wht1t noted 1n llalzcs A. 1. CONTROLLrn·s APPR OVAL CRS §H-3(1..202 (I). Th11 Gnnt shall not be deemed valid unul ;, 1w been •P?•••ed by the Colorado Sutc Controllc:r a, designe,. B. 2. FUll'D AVAILABILITY. CRS §2◄-30-t02{5.S). FinA11Cial obligation, of the State payable after the m'TCllt fiscal )'Car are eonllngent upon funds for that purpose being appropriated, budgeted, and othcrw,se made av"ilable. C. 3. GOVERNMENTAL IMMUNITY. No 1= or condition of Ibis Grant shall be conslnled or interpreted u a waher, cxprcu or implied, or any or the imrounaies, right&, benefits, protections, o, other provisions, of the Colorado Covcrnmenlal lmn1111ity ACI, CRS §24•10.J OJ et seq., or the Fedcnl Ton Claimt Ace, 28 U .S.C. §§1346(b) and 2671 ct seq., ,. applicable now or hcrc&fter amended D. 4. INDEPENDENT CONTRACTOR. Gnntoe shall perform ill duties hereunder as on u,dcpendenl contnclor and not as an cmployec Neither "'ani:c nor ••Y agent or employee of Grantee ,hall be or 1hall be deemed to be an aaenr or employee of the su~ Grantee shall pay when due all required employment taxes and income tucs and local head WICI OD any monies paid by the stBle pumanl IO tbi, Gtanl Grantee acknowledges thal Granru and ill employees are not entitled lo unemployment insunance benefits unless Grantee or a lhlrd party provides suob oovc.'lge and th&t the stale does not pay for or otherwiae provide such coverage. Grantee shall have no aulborizalion, express or implied, to bind the .Ute ro any ag,=ncn~ liability or undc:standin&, mopt aa expressly 1e1 forth herein. Grantee &ball provide and keep in force worken' compcn.11lion (and provicle proof of such insurance when requested by rbc state) and uncmplo)ltncnt compensation insurance in rbe amounts roqui: .d by law and shall be solely rapollSIOle for its acts and those of its employees lllld a.,oUttl E. 5. COMPLIANCE 'WJTB LAW. GMtte shall strictly comply with all applicable fcdo:-al and Stale laws, n,les, and reaulatioos in effect or hc,ealtm eatabl,.hed, including, without lunitalion, laws lflPli::able to discrimination and unfair employment practices. F. 6. CHOICE OF LAW. Colorado law, and "1lea and regulations issue<! pursuant thereto, shall be appli ed in !he wtcrprctation, cxceution, and enforccmenl of this Gront Any provision included or 111corporoled herein by reference which eonllicta with said Jaws, rules, and regulations shall be null and void Any proviJion incorponited her<m by rcfcrcn<:e which purporu to negate (1111 or any olbcr Special Provision in whole or in part shall nor be valid or enforceable or available in any action ar law, wherber by way of complaint, defense, or alhcnrisc. Ally provision rendered null and void by the opcnlion of this provision shall ool invalidate the remainder of thia Grant, to the extenl capable of QOCution. G. 7. OINDINC ARBITRATI ON 1·ROUUlITP n. The State of Colorado docs oOI agree to binding ut,ilralioo by any extn-judicial body or ptr1()(l Any provision to the contrary in thi1 Omni or incocpor11:d horcin by reference shall be null and void. B. 8. SOFTWARE PIRACY PROHIBITION. Governor's l!xecutlvc Order D 002 00. Sblte or olhtr public funds payable under Ibis Gr1n1 sbaU nc1 be used for the acquisition, operation, or malmenanoo of compurcr soUwnre in violation of federal oopyrighr lnws or applicable licensing ralrictions. Granrcc hereby certifies and warrants Iha~ durin& the IC"ID of this Grant and any extension,. Grantee bas and shall maintain in place •Pl,ropiale systems and controls to prevent auch unproper use of public funds. If lhc Stnte determines tho I OraBtee is in violalioo of this provi1ion, the Stale may cxen:isc Illy remedy available at law or in equity or Wider this 0..0~ including. without limii.lion, immediate tcnninstion of this Gt ant and any n:M·..dy consistent wirh f:Jcral copyright laws or applicable licensing reatrictlons, Pagr 16 ofl8 l 9, E!II I'LOYEE FlNANCl,ll INTERLSTICOJ'\fLlCT OF 11\TEREST CR~ §t24-lb-~0I ind 24• so-so ·. The sip1atorie, aver that 10 the:: kl,owled~e. no employee of the Staie hu any pe,.onal or beneficial ,nterest whn~~ocver in the ,crv,cc or property described in this Gro nt. Grantee ha,. nn lnterer.t nnd shall nol acquire any interest. d1rcc1 or indirect, that would eonf. _cl in any manner or deg.rte with the performance of Grantee's &crvicct. and Grantee shall nol omploy any person having such known interests. J, JO. VEl','DOR OFFSET. CRS §;2,-30-202 (I) nnd 24-30-202.4, {Not Appl/cu/lie to intcrgo1•crnmontal agrccmc.nts} Subject to CRS §24-30-202 4 (3 S), the State Con~ollcr may wiL'ihold paymcot under the State's vendor offset intercept system for debl.l owod to State aw,ncies for. (a) unpud child lUJ>port debts or child ,upport anearages; (b) unpaid balances of tu, t '11:0 i• tcres~ or other thatgca specified m CRS §39-21- 101, et seq.; (c) unpud loana due to the Studc&I Loan Divuion of the Department ofl',6'ier Education; (cl) amounts required to be pllll to !he Unemployme.:it Compensation Fund; and (c) other unpud debts owing to the Stale as I n:suh ~f rlllll agency di:lomunalion or judlciAI 1cti011. K. lJ, PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-JOJ. {Not Appl/cab/, ttJ agrumuus rclilU/f.g ta tne. offer, issun.nce_ or 1"1t of suuriti'cs, in,•e.stmcnt adPisor, scr,lcu or fund management suvi.cts, sponsored projecu, lnur,owcrnmt.11.ta/ ar,eemcnts, or informatlo11. ~ch11oloz, services or products and services/ Grantee eertifico, wnrranl.l, and agrees thoi II docs nol knowingly cinploy or contract with an illegal alien who will perform work under this Gm.I and will confirm :he employment eligibility of all employees who arc newly hired !or cmploymont Ill the United State& to pcrfonn work under this QonL through pll!ieipation in the B-Verify Prognm or the Department program cstabliahedp=uant to CRS §8-17.S- 102(5Xc), Granlcc shall not knowingly employ or contract with an illegal alien to pgfonn work WJdq !hiuil!!!l or enter into • conlflCI willi • IUbccntractor that fails to certify to On.nu., that the subtontra<>tor shall not knowingly c ·loy or con:ract with an illegal &lien 10 rcrform work tmd;r thj, Qm!!. Grantu (a) ahall not we E-Vcr,/y Program or Dq,anmcnt propm pn>cedUtC& to uodcnake ~ cmployrnclll s=ing of job applicants while this Grant is being performed, (b) shLII notif:· the subcorunctor aod th• eonttactinc S111e •&CDC)' witlun three da·IS if Grantee hu aetuAI lm~wledge lha1 a subcomnctor is employing or contrattmg with an illegAI alien fn, wcrlt undc, this Gran~ (c) shall lcrmin&te U•: :ubcontract if I subconttaetor doa not •top employing or con\r1Ctini: with the illegal alien w,tlnn ~ days of receiving the nobec, and (d) shaU c.:,mply with tc1Son1blc requesu made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), >Y tht Colorado Deportment of Labot and EmploymeuL If Gruntce participates in the Department program, Grantee shall deliver to U,e contracting State agency, institution orhighct education or political subdivision a written, notarized affirmation, affirming that Gr111tee has CJClllllined the legal work starus of ,ucb employee, and corrsly with all or tho other rcquircmenu of the Department program. If Grantee fail, to comply with any requirement of this provision or CRS §8-17.S-I OJ ct seq., the contracting Stoic agency, institution of higher edacation or polirical subdivision may lctminate lhi• Grant for breach ind, if so terminated, Grantee shill be liable for damages. L 12.l'UBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.S-101. Grantee, tr a natural person c,~teen (18) )'CllS of age or older, bcteby swcan nd affinns undct pcllllty of perjury thaJ he or she (a) is a citizen 0< othmrise lawfuUy present in the Uo1ll"d Stalc:s punuaol lo fcdml law, (b) shall <:<,mp:y with the provisions ofCRS §24-76.S-JOI ti IC()., and (c) has produeed one form of idcntifiC11tion required by CRS §24-76.S-103 prior to the effective ➔ate of this Grant Rev~ l/lAl9 TRE REST OF TlllS PACE IS lNTENTIONALLY LEFT BLANK r,,, 11 or 1s __ 'J--:3-20Q.9 NOii 10:40 l\t: Ui '-!TIES F~X llC. 303783Eg9~ F. 0: • • • JJCµ~NS& · CIT\'. DJTO!i CROSSING AGBEEMEl\'l' Tl-lJS LTCllNSC AOR.llWMENT, ,uade ond onte,ad into u of thJ1 ~ di!¥ o! .Jul'{ 1 ?Q09 ii="':½ •v ond botw .. o th& ClT\" OJ? ENGLEWOOD,• muni:jpal c,n11oratlo~f"~ of(?olorado, hmlnroforrod IC" "City', And . ::nu._M.~ ht.rain to(tned to as "Ltcanne•. WITNESS&TH: Tho City wilhou• any warront)• of Its t!t.14 or !ntoroot .,h,1eoov01·, hon~y au1hori>01 Lloonoee, !ta suo<Gloor, oui1n1, to !n1tall • GA@PW:J ~.s::EilS5JI(; ove tho City Ditch, domlboe., a porccl of land altuated in tho_ ofSactlon g , Ron1e 6S W&f oftha .M., CoUllty o! An,ahoe, 61.t.te of Colorado doocnotd 01 foll•"" 111~ ~ 1/~ OF 'Ill!: W& ~ OF-1{(t WEST' ~ OF-li(i; ~~l:JsT ~ Or life ~nlWEST' \4,0F-l!le Not/..UIVV~~OFS'EC:fc/,1\12, ~tJSl!(P 5 so.ml ~1:. 68 wes-r or ,m; 6111 f'l2(t<C(l>AL M~1t>1At-1, crul'ttY oi:> ~AWE, co. At>!>~ 1"31lo0 S<UnlOGl>l:N S!Em, ~L'EWro? CO 6:>ll3 Tho abov.. .iC1C:11oed poreo! contoina _,..1,~z .. ~!.,./lcel;o,,,..;$;,_ ___ ~JlJJD"1Qil!IUQ1L• .u:le=•· I . Any conatrUoticn con1tmpahd or performed undo, tliia UCG1110 ahall comply wilh and conform to 11aJ>dord1 {onnulotod b7 tht Dir..tor o! Utllitiu 4£tha City md ouch co111lnlctlon oball be porianlled orul cmnplatAMI accardlnq IC I.ho pltn■, oon■i■lin~ of ono ,h11t, a oopy o! which i■ nttoohotl hei·oto R11d mado • pa1t hereof. 2. The 1.4.,.,,.., ahall notil)t lhc Olly'~ Dl11ctor ofUtlllt.!01 ot leeat throo (S) dayo '&),.or'° the time of cOIIUIW>Clman~• co111uuc'.lon o!. O'I' 11\Y rapaln mada lo, lictnllOO'a Rl:IF.!I BR.I DG,£ CROSS -::--.,-...,...----,,--.,---------ID that !ho Ol,:y mor, in ito di1cretion, lnepool euch op1ro1.lona. 3, Wlthh, thil:L.l' <a-: days £rou, lht doto of tho ccmmo11cam1nt o! CO?llt:uclicD of uld __ GAAPZW [Sli!ID€,E ~~ .... g..,c».:=JN1,a;<1,;;z., __________ .,.....,.,--_ the L!cen"• 1b1ll complelo ouch 00111tl'llcl.!on, pl■oo ond maintain pe,.,anenl, viaiblt ll>Uluu't, of o tn• and 11 ouch localionou daal,natod by tho Clt7'1 Director of Utilities, rot,rrlnr lo the oent.rllno of lho lnotelliitlon aud ,boll oloar the croealnr araa of all cona!N<UOJI dtblis and ra11<n Iha ma to i:. prwimla condition II nut a, may be reaoonable. In th• ovont the plon!ni of th, cenurllne morkn• and the ofoarl111 and NltOroilcn~ tho cro1.1inr •ro• la not complotod ...ithln Ibo time tpedlltcl. the Cit, m~· mmplcta Iba worlt 11 Iha aola oxp,nu ofthe 1Joon111, t The Olly •ball htn Iha rifht to maintain, lnelall. npul, ramovo or relocate the Clfy Dlt.h or any othar af ltt foo!Uti•• or lnatallotiGIII wlr.l>.ln the City'■ ri1bt,.o!,w1y, at any time and in aut'I\ mll>nor •• Iha City deeml ....,.. .. .,. o: oo:,venlenL Tho City J'INtve■ the L ,. I 1: I s I T Jlt-:3-2009 H:JN 10:46 AM IJT ILI TIES m 11 J. 303783689~ P. 03 oxchuive right to control all ense111cnta ond in,te.llations . ln tho evenl lh• GAF;Ptt/ BR\Dt,t, Cl?QS$tNl'7 oltould intel'(ere with any futuro use of tho Cit1•'• ri~h:ae•of-wey by tho City , the Llcenu ft 1hnll , upon ?equc~t. and nt iu c.ola ex~onu , ra1ocoto , rc:orrcn1i:o, or r&ruovo it-a inetnUa.Lione ,o Ile not io interforo with ~my 11m:h uaa : o. Any' 1-opfl.ir Ol' Hph1c.enien; o! cny City inst.allaUor. made n.ecee 1a:irr. in the opinion of th o C!ty'e Dlr•ctor ofUtWt!o, becoueo o(the conotruction ofbbc &Agrm.t-1 Kf.11'.ti-E C@>Slt-JC. or other appUl'tenan! inctallo.t-ion t:hereo(, ehall be made at the eole e,xpenao of lhe Lico.nsee . 6. The eUpUlation and o.ndltion, of thl, Liem•• ehall be incorporot&d into contract epacificntio111; if the consb:uctJ.01\ herein authorit::ed 1a tb b9 dona on a i;ont.l•sc: baEfl c. 7, Tho righte ond privil•IIO• gronled in tl,i., LUlllru,, •h4ll bo oul,jocl to prior ogr••roent o, licoooe1 o,ml/or i:,ont.o , rocc,<led or unreccrdod, •nd it eholl be tho Lioon••••• eolo r••••ooibllity to dato1'1nine tho oxi,tence of so.id documento or oonfilctin1 u .. , 01· inatallatlooo, 8. Tho L!con aeo ihnll cont.et and fully cooporato with tho City'• po1'8onnol o.nd the conetru<tion shall be complotod without intor!erenoe with any lawful, uaual OT ordinlly 1!ow of wator throu11h tho C!t')' Ditoh. u..,,.,. ohall aeeumo all risks incident to tho pouible pre.once of ouch waton , or of etorm w•tora, Ill" of aurfece watere ln tho Oit)' Ditth. 9. All macho• or bolo, within ih• City', rights-of-WAY ,hall be back6Jlod nud tatDped to tho oril!",UOI (N>und line ln layon not to oxcee aix (8) inohsa loo•• menauro to a ooropaction o! ninety percent (DOIi) Stood.o,-d Proctor Ma~in>um DDllaity , 10 . L!cens,o, by aooop tanco of ,lti, Licon.aG, •~11r4eealy o,s,U11et Ml nnd atrict liobillty fo1· nny nnd all dllm•t•• of evor:1 nattl?O tc poreon or property oaus11d by wn"r from tho dltoh loolting thl'ough the ditch bon ka or pipolino •t'tna pointw. points·~•hero the Lim,••• pel'form• •ny work in ccnna~on -,,th tho 'o:o•ain~ provided by thi• J.iconee. '!'he Liceneoe 011u1Doo oll reeponolbility !or u,alnt,nAnco of the irutalfotion. 11 , Lico n .. o ahall indemnify and eovo hannla,a the C!,y, !ta officer& nnd employ•••• •calnet any oud D1l claima, damagtea, acatlono or caueo, of action ond oxt:Q,eo to which lt or l11oy mey bo 1ubjectod b)' reason of aald '7AEt>f;t,\ '!3R(PGE C g:;1N/'-, boing within ond ne,•oas ond undor tho promloea of tho City or by renoon of any work done 01· om!aaion mnde by Lkonoeo, ita ogenta or oniployeea, In conneotlon with the conot::uation, rs~laeoment, mointonanca or repair of an!d !natnU..tion, 12, It!, o:q>Naal), agreed t.luit in CUI ofLicon1oe'a breoah of any of the within pl'omieoo, the City mey, at ita option, h.,.ve apociSc performonce thereof, or sue for drunoge, ro•ultln11 from •uoh brooch. 13. Upon abandonment of Ill\)' rl;ht or p:ivilfge heroin gruted, tho right ofLico!ll!Ce to that extent oholl tel'min,to, but it,, oblig•tion to indemnlll)' end sav• horml ou the City, it• ofiic.era o.nd employHl1 aholl not tetmin,ue jn ~y event, In g--4llnn~ tbs obovo authorwitlon, th• Ciiy r•••rv•• tho right to mnko NII uoo of tho ptope1 •. · involved na 111ay be neco~ary or conveniftnt 1ll tbt opr:ro.tlon or tlu1 watm-workl plont end 1y1tem un dor tho control of tho City. -2- • JUL-i3-20~3 ~Oli ;Q:46 AM tr.lL!TltS ~Al'. Ila. 3037836694 In grantillg the above autl10riuition, the City reserves the right 10 mal:e liJU use of the property involved as may be neccsslll)' or convenient in the operation of the water works planl and system 1:nder conlTOl of the City. IN WITNESS WHEREOF this instrument bas been executed as of the day and year tirst above wrinen. CITY OF ENGLEWOOD By: _S.,..-1_ewut_""'H,.... F"'onda_,,,------- Diractor of Utilities City of Englewood By:_=-,------------ Chaimlan Englewood Water and Sewer Board The undersigned offic-..r o! ____ __, ________ has read the foregoing License and agrees fo r an on behalf of said -----,,-,,,,....-:c,.,..-,-.,,....,.---.,.-...,.,..,.--,--.,.-----tbal it v.ill accept and wiU abide by all the tenns and conditions thereof. LlCENSEE: NOW)~, _,_'......,, ............... .1..4,.~...iu..:..:NJ 0 CINDY EVANS Notary Public State of Colorado • • JUL-1:-2oos 001 i0 :4r At, trm:ms FAX NO. 30 37836894 TEMPORARY CONSTRUCTION EAS~NT This Temporary Cons1111cdon Easement (the Tempcniry Easci:tent} is entered inro thi, l8_ day of~ 200q by and belwceii the City of Englewood, Colorado, a municipal corponllon of the etatc of Colondo, acting by tho throu&h Its Water and Sewer Board (Grantor) and J'IU. M l:/~ ________________ (Grantee). WHE.Rl!AS, Tbe City of Englewood own& a risht•of-way for the City Ditcb, a carrier ditch (Chy Ditch ROW) which is located as described .on Exhlblr A. WHEREAS, jjy_ jl\ IJL01i=f desires ro install a GAgp~rsl 8121De,E __,Cal;tl~SSlf:¥-~::z.'1-.,..---,---,------within the City Ditch ROW ~ursu:int to ~ license betw~cn the pani~. NOW, TBEREFORE, In consldention of the mutual covenants of the parties, ~ pUl!""1arly hercin11ftcr soc fonb, Iba adequaey 111d sufficiency of which arc he~by acknowlcdpl, ft !, agreed u follows: 1. Temporarv Consttyctjon Euwcnr. Englewood (es Gnintor) hereby pts 10 ;:!Tu (IL ~IIT(ee. (a1 Onmteo), !ts successors, assigns, contractors, ond sub-eontmolon, a non-exclusive 1cmpomy construction easement through. over, under and across the City Ditch ROW for the installation ofo GA@FIJ BRIDGE C'/?OSS£N6 _________________ plllSU!!lttol liccnsr agrccmeot (Cle Project~ 2. I!!!n.9f 1'.wmgm, The Project will bo2ln no sooncrthon 80011$1 WQhnd will be ompleted no la1er !ban MAY, 2,0((} . Complorion of tho Project will bo deemed to have oc~ upon Inspection and ipproval oftbc F.oject by G11ntor and this Temporary Eucment will be doomed 10 have tenninated upon ,uch oomplctlon. 3. fil.Wt, Oranlee shall havo the temporary non-axcluslve right to enter the City Ditch ROW for any reaaon1ble purpose necessary or prudent for tho construorlon of tho Project subject 10 the following 1cstri01ions: 1) normal working hours aholl be co~sls1cn1 with CDOT conattucrion bou<1, Monday throuah Friday and 2) the opcndon of equipment ond be1vy trucks will bo pennitted OQ tho Englewood Ciiy Ditch ROW only dwing noanal woddng bolUI • F. Oto _ JUL-13-2000 MON J0 :45 Ar. um:TIES FA>: NO. 3C378:i6894 4. ~. Upon completion oftbe Project, Gn111tce will perform such restorauon md rcarading as is necessary or prudent to restore the surfuce aren of the Cii:y Di1eh ROW to its original condition. S. Indemnification. Grantee, to the cxt.ent pcrmi1tcd by the laws &nd constin,aon of the State oiColorado, hereby agrees to be hble and hold ba.nnless the City of Englewood, its employees, 1enants, o.nd guests from any and all claims, causes of action, and liability wb.ich may occur as a result of the negligent or wrongful acts ofGIIJltCC in the conStnlCtion of the Project, including the cost of deiending ngainst sucb claims. 6. !.i!lrili!Y, Grantee hereby acknowledges that It uoder.illUlds that there is wntcr Qow in the City Ditch from April I to November I of each year nod that it will issume liabilit)' for any damage to adjoining property ca.used by wmr flow resulting from damage to the City Ditch caused by the Grantee 's coos!l"JCtion activioes. 1. ~-Grantee shall mainra!n in !1111 force 11nd effect a valid policy of insumnce for the Project in the amount of $600,000.00 property covemge and S600,000.00 liJlbllity coverage. Grantee funber agrees that all its employees, conttaet01S 1111d sub-conlnll:lors workin g on !he Proj ect .shall be covered by adequate Workers Compensation UlS11!31\ce, 8. Assjgnmem . This ·t emporary Coostnlction E:isement Is assignable only with the written pcrrnis.lion of Englewood, which permi.ssioo will 001 unreasonably withheld, conditioned or delayed. IN WITNESS WHEREOF, the paniC$ hereto have t :cuted this t:mpon,.ry cons1TUcrion Ellscmcnt on the date and day fim wril ·n obovc. F. 06 • I ~ I i • •• • ? ro: 11:i. 3031eJ6894 In granting the above authorization, the City reserves the right IO mtke full use of the p11>perty involved as may be n=sary or convenient in lhe operation of lhc water works pWll 111d system under control of the City. TN WITNESS WHEREOF this instrument has been executed as of lhe day and year first above written. · CITY OF ENGLEWOOD By. _____________ _ Stewart H. Fonda Director ~rutilities City of Englewood By. ____________ _ Chai!mm Ens)ewoocl W l1CI' anJ Sewer Board The \ll'ldersigned officer of_c----,---,-.,.,.--.,..,...------has reed the foregoing License and agrees for an on behalf of said _______________________ that it will accept and will abide by all the termS and conditions thereof. Address· . ..-~~=-""-'-'-"'f"-'-L.l."""""'.:..:...:=--- //3 Phone: . ,, • I CINDY EVANS Notory Publlc Stole of Colorodo P. 01 1W Corrrniaon-go-St, 201 1 • • I • • ., 'l::::fl f . /" ~, • • • • -, -. . ~ 1 I IO I = . .,, ' ., . ... I ,· • • N GAS M,.,,..R .,, I ~ r. ; ·, ' . . :' \ • • L•c ;., , • ' .. OlL=:·I" O ._.; •"••·' 1 ·/'J.~ ·1.7; l t'J 161 ·i '. . .. : ·• \ I : r . °c! .) t'l I!::. I • • o Ill •1 1 •· nnn!• , ·. ·•·, .... · J . en 17'·2 -.. . ~ 1 : . ; . . ·-/· ;,. . ·. ,-.. re: ----L ... ,~ r,... J. ... , ... ; ,v • -~ .. ·IS· •• n: ~ -iz. __ e_:~ €",_ ... ,,,_ I ~---t~© ;i. ,--:... ;''-/,_:-.;. ... :_:..,: ·.~.:;:,:~·:· , ~ • ,• I -.::. . k~-'t ~t~ ._._,,.,. ___ ~ ·-•·:; •,'\;,q ' , -..;.; 2.◄ 4.2 .... ~ ... ·--! ~ Ii.. ..-~ t·_;{:· .. \~.r;~ \.lt1ti~4,:.:.~--~:;.~·-·;.:/ 3: i-:·.i-·:/)/ I '·····~.,L'' ... ., •... • ,_,,, .... r p:,,".C J ! t --,---s I ~tk~~~:~:::"}:(~;;;;;y --,~t/' ~ +-~------~ I r):·.-~~b~-i,:'::t!::;, ::_:.>~::..-~-.:-~~.::~~~ PROPERTY LCX'J.'f10N: ,.,.,,..,_ :~:~;r;~<l~-;~~\. i);:.> :1'100 s. OGDEJI sr.· '-J I :·~·~.:•J;:,.:Ji~ ,1~["'! ..,, EJKUWOOD. co sow r" l . t·• .-;-•·:;1 ~Bl:" .; VICI NITY MA P ..., J i(U?Jg . "' ., I !.~.{ .;·/,~'-; v.-;.·,,f.(::;:,~ 49 ;i· I 26 9' {f [iz~~J i . . ................ '; .. > fllCTRIC j ~~•-::~1:1;-;~~~l ············ / ./ METER 1i•."·. ,: ~~(•>''" O ••• •··· / ,• ►(;'..:~ .. '\"{~ -WW ••• •···· :' / ~ ! )l'"\ ''-"''f\tlV.. •••••• .. .. FOJ ND REBAR WITH ,i}t5-kfri'"N .. -·· .... •·· / / t ~; · •.. ,.1,;..,:.n : . / PlAStlC CAP UARKED r,/;:-•• .,,l·'~"':! ; / -;... ,. °' r n202' 1'-"°' " •••~> • • • ...,.,,, ····t--.:>:.1.if,\-,.:·j .... /. -1/ ~ ·•. ~.:-4,l; Ti;! ... ... r-: . I 14 76( • · .. ,,., : i -1/ ._j!.-~ · :.,,. FOlmD IS RulAR 15.~t·"' j(?i / ........ "' /f " ~ <i]'G"'). c§. <iffe WITH NO CAP I.... ~'~:{ f .... I /;" ·~ I '), ~ I '~~~::i,.::::.~;•.;;:. ...-.... I "/ ~ -"l I ft'l.f;::·:'~;-:1··•... ./ .,/ 1/ ' I .~-~:,,;-i:: ••• ·11 ··· .u, J // . /i 1:: .... ,1/il,;'•j .... r:..' 4:2-,-.1 . , • .,.,. ""' .. ,•-::;----YALE ~· i t ~i I °x / "OUNO J'o a ,' 7'-00' MARKED 'llM / "R0° UN~ LS71 1968. TEMPORARY CONST. E'AS£M£NT £XT£NT . CORNER Or 1/2 N[l/4 SW S!CTION 2, T5S, f+-I f;<: .. '? ~Jbo' ·se-5u .:/ 001.59'(AJIJ 1:::~1:;·· ...... 1;c_ ~.~.,-, .,.,... ~. 1 ,~, v 11 , , ~ , , -----------'t"",,\ ~ ....... ,.. •, .. ' ... ~--·'•-•'-; ! i ~:~( li,l',r'~'f '•, ,." ....... , ~ -~ .. /·.~ ~~ .;-~-•~ ~ ' '.S:.'J.'ii.·,-1-~~~ I p,:.•iJ..,;·t.! -~ / I ~~:;_;if";\':.:;· SW CORNER OF Nl /2 Wl/2 r,;;;:;;)~"'."j W1/2 NEl/4 SW1/4 m/1/4 I l?:5;;~.'.f;1 SECTION 2, 15S, R6BW '-'i:i °' o:1 L· ,. .• ;i ~-~~(} :~~ :·.:1 WEST 1 / 4 CORNER OF ~ FOUND ALUM. CAP MARKED "LS270 11 ' I 0 !GARDEN CROSSING LOCA TION NOTC: , t • • 20'-0 I t. EXHIBtr A IS~ D/CERPT OF THE: /IIPRO'ISIE:NT' SU/MY Pl.AT AS Rff:OROE:D ON JUNE: 4, 2004, R£CCPT10N NO. 0277:J, AT Tli£ ARAPAHO£ COUNTY Cl.ERK. STATE: OF COLORADO. NO VE:RIFICATION OF THE: RE:COROED ltlAP ~ OONE:. 2. SINCE NO l.£tW. RE:COROfNG OF THE: CITY OF E:NGI.E.WOOO'S OfTCH R.o.w. IS FOOND AT THE: ARAPAHOE COUNTY CLERK. TH£ EXTENT SHOWN IS N'PROXJIIAT'fI) WfTH INFDRIIATION SUPPi.JO) BY CATI('( BURRAGE: OF THE: llnUTIES DE:PNmKHT, /l4Tf1J JULY 22. 2009. PHYSICAL ADDRESS OF PROPfRTY: :1700 S. OGDE:N STREIT. E:NCl.£WOOO CO BOIi J. IJ. / SECTION 2, T5S, R66W, Ol.-./~----------...14. PROPERTY OWNER: JILL HUTTCR I ~~ ~o ii ~ffi ffi~ ot ~o ~~ Bo ~() ffiz oil! -o ~5 oc II ~~i G::,~ i ::c 0 I •■■•u •.•• I,~ •• ::: t • J; !!!!l i 'i ~4 ~it Ii :. t 18 ••• I: •••• II: PIER/BtAM £ ~ 7YP. -1-J .. I 2X6 0ECKING PW/KS --- I SOI.ID BLOCKING AT TH/RO POINTS 2•-~• 2•-~• OF SPAN 5•-0· 2X RAILS 0 ,2· o.c. 4X4 POSTS 0 4•-0· o.c. 2-2Xl2 8QJI ~ TYP. OF 3 0 GARDEN CROSSING SEC~~~ ,·-o DaSTING 15•-o· CHANNEL I i------C£NrER ro CENTER ----l OF PIER ~---18'-0" GA.ROEN CROSSING UM;TH ----i 0 GARDEN CROSSING ELEVATION 1/4" -,·-o 1'1111£11 j "l •••• ••• •• • HUTTER RESIDENCE, CITY Of CHERRY HILLS VILLAGE GARDEN CROSSING OVER CITY OF ENGLEWOOD DITCH ltniiD HriDc ~ llune71D1, u.c DA!I'.: .U.T a. -ft "'40IIIC. (>Ol) '1l•tlO!li i--,,,,,.,,,,...==--+=--=---......_ ______ _ , ... (JO.II"'"'"' .a NO. Ol90WII Hn "°' EXHIBIT B •••• ••• •• • S/IIPSON ST1IONG Tl£ OCC.U CAP n, 8£ 00T W Pt£R CONC. W/ 1-/J x 4'-0" BENT 1HRU BOLT HOLE AS SHOWN N PROVID£ 4-5/B"S x J " IAC BOLTS n, BEAMS GARDEN CROSSING CONNECTION DETAIL -.mil CONCRUc Pl£R n, BE RDNfORCED wml ON£ IAYEl'i OF 6-6-W2.0ltW2.0 W.W.F. J/4" • r'-o ■■■■ HUTTER RESIDENCE, CITY OF CHERRY HILLS VILLAGE ■ ■ ■ GARDEN CROSSING OVER CITY OF ENGLEWOOD DITCH IDIIDHl'UII lo Su rn:,tnc, LLC •:~o~.m~~A~•~•,...;;;;,,-""""'~~.---~m~---,-OtcD:"""'-'"'=--"";.;...~;.;......~ tno tllCIS,o,I CO.IH, IUrt JIO OCI.CIIOOC..CO NII.J "'Oil. UOJI 71J..IIOI i-.,_,,...__........,......,....,,,-,--...... ......,....,__......, _____ _ '"-IJOll n>-m> JIit ND. DIODU.OD NET ND. EXHIBI C • COUNC IL COMMUN IC".ATI ON Date: Agenda It em: Su bj ect: September 21. 2009 q :I II License -Cabin Meadow Transmoun tah1 Diversion Pipe Crossing Agreement Initiated By: I Staff So urce: Utilities Department Stewart H. Fonda, Director of Utilities COUNOL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Waler and Sewer Board, al their July 14, 2009 meeting. recomm~nded Council approval of the License -Cab in Meadow Transmountain Divers ion Pipe Cross'ng Agreement BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • David and Judith Hueter submitted a license agreement to install a dri1•PWay over lhe City of Englewood's right-of-way for the Cabin Meadow Transmountain Diversion Project, which is located in Grand County across from the Winter Park Ski area. In order to accomplish this, a license agreement is required A legal description Is included in the crossing agreement and a map of the project is attached. • Our pipe is 1n a county road, and the adjacent owner's proposed road will cross the nght-of-way but will not actually cross the existing pipe. The pipe Is used as the outlet for Meadow Creek Reservoir, wh ich 1, part of Englewood's raw wa ter rights. The Licensee expressly assumes full and stri ct liability fo r any and ail dam ages of every na ture to person or property cause d by th e point or points where the Licensee performs any work In connection with the encroachment Into the Cabin M~• low Creek Transmoun taln Diversion pipe right-of-way provided by the Licensee. The Chy res~rves the right to make full use of the property necessary In the operation of the Cabin Meadow T ransmountain Diversion pipe or any other of its fa cilities or installation within the City's rights-of-way. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Wa ter & Sewer Board minutes from the mee rlng of July 14, 2009 Bil l for an Ordi11ance • • WAT ER AND EWER BOARD Ml UTES Jul y 14 , 2009 The meeting was called 10 order at 5:05 p.m. Mcmben; present : Bums . Moore, Cassidy, Wiggins , Woodward, Oakley, Habenicht Mcmbcn; absent : Also present : Clark, Higday Stewart Fonda, Direc tor of Uti lities John Bock, Uti lities Administration Manager I. Ml UT ESOFTHEJUNE9,2009MEETING. The Englewood Water and Sewer Board received a copy of the minutes of the June 9, 2009 mcc1ing . Mr. Habenicht moved ; Mr. Wiggins seconded : Ayes : Nays : Members ab sent: Motion carrir~. To recommend Water and Sewer Board approval of !he minutes of !he June 9, 2009 Water and Sewer Board meet ing . Burns, Moore, Cassidy, Wiggins , Woodward, Oakley, Habenichl None Clark, Higday 2. LICENSE CAB!!, MEADOW TRANSMOlf-'ITAIN DIVERS.0N PIPE CROSSING AGREF.ME\'T. David and J ud11h Hue1er submiued a license agreement to install a drh·eway over the Cll) of Englewood 's right-of-way for the Cabin Meadow Transmountam Diversion Project. which is located in Grand County across from the Wimer Parle Ski area. In order 10 accomplish lhis. a license abrreement is required. A legal description is included in the crossing agreement and a map of the project is attached. Our pipe is in a county road and the adja~enl owner's proposed road will cross the righl- of-way, bul not the existing pipe. The pipe is used as an outlet for Meadow Creek Reservoir, which is part of Englewood's raw water rights. The Cily reserves the right 10 make full use of the property necessary in the operation 01 th e Cabin Meadow Transmounlain Divers ion pipe or any othe r of its facilities or instollotion within the City's right-of-way. Mr. Woodward suggested modifying paragraph #2 in future license agreements to clarify that three business days notice is required prior to commencement of construction. Mr. Woodward also requested that the time frame for future contracts be clarified. Mr. Woodward moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried . To recommend Council approval of the License -Cabin Meadow Trnnsmountain Diversion Pipe Crossing. Bums, Moore. Cassidy, Wiggins, Woodward, Oakley, Habenicht None Clark, Higday 3. 92" STORM SEWER COLLAPSE AT OXFORD AND<' PLATTE RIVER DR. Tom Brennan, Utili ties Engineer, appeared before the Board to discuss the 92" stonn sewer collapse. On May 26 it was discovered that the bottom of the storm sewer pipe ut • • • • • • W, Oxford Ave. and lhe S. Plallc Ri,·cr wus eroded and 1hcre was a 12" hole in lhc side of the pipe. On June 6, 2009 iniual repairs were made and a 4' section of pipe was repaired. A second fai lure occurred 1he evening of June 25, approximately 40 feel downs1rcam of the firsl repair, causing a large sinkhole and lhe pipe 10 collapse. On July I 0, 2009 another major s1orm occurred (2" in 20 minu1es). This caused 1he sinkhole to double in size, neccssi1a1ing closing two lanes of traffic in W. Oxford Ave. Afier inves1iga1ion, ii is believed that 1he failure was due to the eanh supporting the pipe being disturbed afier lhc initial washout occurred . Discussion ensued regarding initial design inadequacies, Due lo lhe urgency of the situation, American Civil Constructors was mobilii,cd on June 26 10 open the drainage path, remove the damaged pipe nnd stabilize the hole. The initial emergency work was comple1ed June 26. The immediate problem has been fixed, but infrastructure improvements will be ongoing. The Utilities Department is continuing 10 work with American Civil Constructors and several other suppliers on pipe availability and replacement options. Preliminary estimates for the total project range from $ I 00,000 to $300,000. The project should be completed by the week of July 20 . 4. LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PERMIT. Ms, Mary Gardner, Regulatory Programs Administrator, appeared before the Board to discuss the Colorado Discharge Permit System drafi permit for discharge from the Littleton/Englewood Wastewater Treatment Plant. As requested, the Water Quality Control Division granted an extension of the public comment period until July 6, 2009. Comments and requests were documented and submilled by the deadline. Mary reviewed key issues and comments of the draft permit It w~ noted !hat the tiered permit limits based on discharge now were approved. The Commission ~pprovcd the seasonal temperature shill and temporary modifications through 2014. A compliance schedule is provided for alternate disinfection with a favorable effluent limitation for fecal colifom1. A compliance schedule for ammonia is also needed and was omilled by the Division, Also, cffluenl limits for copper, silver and lindane were removed from the drafi pem1it. Mary noted that perrn il challenges 10 be addressed are, I) the maximum daily limit for total inorganic nitrogen, 2) some permit limits are lower than the preliminary cffiuenl limits that were used in the design process, 3) the iron limit is lower than is :neasured in the effluent and 4) the plant received a cyanide permi1 limit The Board also received a memo 1ha1 g1\'CS an overview oflhc basic s1ntu1ory and rcgul111ory framework of the Colorado discharge permi1 system. 5. WATER RJGH't'S UPDATE DATED JUNE 5, 2009 FROM DAVID HILL. The Board received from David Hill, Englewood's Wa1er Auomey, a water rights update dated June 5, 2009. Stu discussed developments in water litigation cases in which Englewood is involved . 6. DELINQUENT WATER BILLS AT ENGLEWOOD POST AL FACILITrES (USPS). The Board received an update from Englewood's City Allomey, Dan Brotzman, regarding the past-due bills for the USPS facilities at 3330 S. Broadway and 915 W. Lehigh Ave. As of July 2, 2009 the USPS has agreed to pay the past due water, sewer and concrete bills, but will be opting out of the concrete program on future bills. The USPS will not be responsible for past or future storm water charges, and the City is waiving [hes( charges. A draft of an agreement has been submitted to the City Attorney's office for approval. 7. LETTER RESPONDING TO INQUIRY FROM ROBERT RODEFELD AT 7713 GRAPE CT. Mr. Rodefeld, of7713 S. Grape Ct., sent a lcller on July S, 2009 requesting an explanat.ion of rate increases since 2004. The Board receiverj s copy of Mr_ Sock's reply, which noted that rate increases have been necessary to fund major construction p,ojects at the Ll11leton/Englewood Wastewater Treatment Plant and the mandated processes that were added to comply with the Federal Clean Water Act. The reply also discussed the rate increases that were approved by the Englewood Water and Sewer Board, the Englewood City Council and the Lillleton/Englewood Wastewater Treatment Plant Board of Directors. • • • • • 8. A UAL BOARD AND COMMISSIO APPRECIATIO IGHT AUGU T. 10, 2009 . The Board received an invitation 10 the: Annual Board and Commission Apprcc imion igh1 on Augusl I 0, 2009 a1 Pirates Cove beginning a1 6:30 p.m. Board members were directed lo call in their reservations lo Cathy in the Utilities Department . The mcc1ing adjourned at 6:40 p.m. The nexl Englewood Water and Stwer Board will be held Tuesday, August 11, 2009 at 5:00 p.m. at the Community Development Conference Room . Respoctfully submiltcd, c~ tLM~ Cathy Burrage Recording Secretary • • ORDINANCE NO. S ERi ES OF 2009 BY AUTHORm' COUNCIL BILI. NO. J9 INTRODUCED BY COUNr'II MEMBER ____ _ A BILL FOR AN ORDINANCE AUTIIORIZING A "LICENSE -CABIN MEADOW TRANSMOUNTAIN DIVERSION PIPE CROSSING AGREEMENT" TO DAVID AND JUDITH HUETER FOR THE INST ALLATlON OF A DRJVEWA Y OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY. WHEREAS, the C11y of Englewood's Right-of-Way for the Cabin Meadow Transmountain Diversion Project is louted in Grand Coun1y across from the Winter Park Ski area; and WHEREAS, the City's pipe is used as the outlet for the Meadow Creek Reservoir, which is J)llrt of Englewood's raw water; and WHEREAS, David and Judith Hucter submiuoc! a request for a Licensr Agreement to install a driveway over the City of Englewood's Right-of-Way for the Cabin Meadow Transmountain Diversion Project; and WHEREAS, the City's pipe is located in a County road and the adjacent owner's proposed road will cross the Right-of-Way but will not actually cross the existing pipe; and WHEREAS, the City reserves the right to malce full use of the properly necessary in the operation of the Cabin Meadow Transmountain Diversion pipe or any other of its facilities or installation within the City's Right-of-Way; and \\IHEREAS, the Hucter's (Licensee) expressly assume full and strict liability for any and all damages of every nature to ~nor propcny caused by the point or points where the Licensee pcrfo= any work in connection with the crossing of the Cabin Meadow Creek Transmountain Diversion pipe Right-of-Way; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended Cny Council approval of the "License-Cabin Meadow Trnnsmountam Divcrsior Pipe Crossing Agrct.1ncnt" nt their July 14, 2009 meeting; NOW, Tl IEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : ~-The "Ltcensc.Cabin Meadow Transmountain Diversion Pipe Crossing Agreement" between the Hueter"s and the Cny of Englewood, Colorado to ins1all a driveway over 1he City of Englew(l(ld's Right-of-Way for the Cab in Meadow Transmountain Diversion Project located in Grand County, annchcd hereto us "Exhibit A," is hereby ncccpted and approved by lhc Englewood City Council. ~-TI1e D1rec1or orU11h11cs ll!ld Cluumum or 1hc Englewood Wa1er and Sewer Board nre au1honzcd to execute 1he L1ccnsc-C11y Duch Crossing Agrccmem cn11tled "License-Cabin Meadow Tronsmoun1ain Divcriion Pipe Crossing Agreement" for nnd on behalfof1hc Ci1y of Englewood, Colorado. Introduced, read m rull, and passed on fim rending on the 21st da)• orScp1embcr, 2009. Published as a Bill for an Ordinllllce in lhe Ci1y's official newspaper on lhe 25'" day ofSep1ember, 2009. Published as a Bill for an Ordinance on the Cuy's official website beginning on the 23rd day or Scp1cmber, 2009 for lhiny (30) days. James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis, Ci1y Clerk • I, Loucrishia A. Ellis, City Clerk of 1he City or Englewood, Colorado, hereby certi fy tha1 the • above and forcaoing is a ttue copy of a BiU for an Ordinance, introduced, read in full, and passed on fi rst reading on the 2 1st day of Scp1cmbcr , 2009. Loucrishia A. Ellis • • • UCl!NSI! -CAPJN MEADOW TRANSMOUNTA IN _Qlvt!RSIO!'< PTP.P. t:1wss1Nu AQl!.IC:t;MENT THIS 1,ICP.NS F. MiRF.F.MF.NT, mrulennrl entererl intnn.softhis 1 rdnyof J ,__ , 2009, by and between tht CITY Of ENGLEWOOD, a municipal colJlOrotion 01 the Srarc of Colorado, herein rcfcm:d to IIS "City" a1xf l>a,•id & Judith Huctcr, bcrcin n:li:m:d to as "Licensee", WITNl!SSI!TI-1 : The City without any warranty of iL, title or inte~ whatsoever, hereby aulhori:<cl Licmsoc, its s~r. assigni, tu i1i,L11l1 a dri¥CWay acCCSll over 11,c City's ri ghu-c,f-way for the Cnbin Mendow Tm11~mounfnin l)ivcrsion Pl'(!jc'Ct, dcscnl,cd 11s a parul of laod situltcd in the NW 1/4 SW 1/4 of Section 24, Township IS, Range 75W n( the Sixth P.M., Cou.nly of Grand, Stale of Colorlldo. I. Any conlllnlCMn contemplnted or perfilnned under this Ucco,c shall con,ply with llnd cunfonn to liWldilnls ronnulated by Grind County and the Director of Utilities of the City nnd such oonstmction shall be pcrfom1od and completed according to these standards. 2.. 'lbc licctl.!CC &ball notify tile City's Director of Utilities a1 least throe (3) d•~ prior Ill the time of commencement of the construction of, or any repair$ mode to, Liccn,,-,,e't drivi:wa)' access !iU that lh<> Cily may, in !U. discretion, in.spec! such operatiooa. The I iceiw:c os.sumes all rcipcmsibility for llllintcuocc or the lnstallaliun. J. The City &Judi Jmve the right to 111ointaln, install, repair, rcmovo or roloc111c I.he Cabin Meadow Transmountain Divmion Pipe or any other of iL~ focllitiei: or imtallations within the City's ri,:hu~f-way, al any lime and in ¥uch Dlllllllc:t es the City deems necMwy or convenienL The City reserves the exclusive right to control all tab'ffllt:nlll rmd iMtlllbltiuns. In the event the driveway BCCCS9 ~hould interfere with any firtore osc of1he City's rigius-of-wny by the Cily, Ilic Licoosec shall, upon requ~'I ind at its sole expense, relocate, rcwnngc, or remnve it.s h111nllations 10 N> not to Interfere with 11ny such use. 4. Only Cokndo Department of Motor Vehicles lcpl motor vehicle loads arc bllowcd lo <:Mi$ or IRV<:ne the City'• rigl111-<1r-W11y, 5. Any rt!pn.ir nr •"Ille.cement of any City in~llotion mnde ncceunry, in tile opinion of lhe Cily'i D~or of UJlillc,s, betllus;, of the coni.1ruction of the driveway DCCe$S or 01hcr appurtenant installation «hereof shall be made at lbc sole ~r.:nse of the Licensee. 6. ·111c richts and privileges gnu1lild i.11 this Licawc shill] b~ subjc;ct lo prior agreement~ liceri.~ and/or granL,, recorded or unrecorded, 111\d it wll be Ilic LiCCllScotl's &ole ~"J)Omibilily 10 delemnne the exislt:m:e of said documents or oonnictins uses or instnllnlions . ?. Licenste shall lndemnil\• •nd s•v• h•mtk'lls lhc City, its ufliccrs nm.I ~wpluy1:cs, against n11y flnd nil clnitn~, dnmnge$, nc1inns or cnu~e• nf octinn nnri expen~es tn which it or they muy be subjected by n:uron ofsuid driveway access b1:ing within Ilic righ1s--0f-,v1y of the C.:ity or by tc11son of My work done or omission made by r ,icen.~e, ils agents or cmplo)'CC.'I, in connection with the ,-ol1l>'l!Uetion, rc:placcmt:01, m•inhmm:c or repair uf .-aid iuslallaliou. 8. ll is expressly ngrced that in en.~ nf 1.icen.~ee•s hreach of any of the wi thin promises. the City may, at its option, h•w sptcilic J)IO"fonn•nct: lhm:uf, or ~-ue for dam~scs rcsuUJni: from such breach. 9. Upon abandonment of any right or privilege hon:in gnmted, lhe ril!hl of Licens~ lo that cxtc111 shall tcnninntc, but its obllt:ntlon to indemnify nod snvc banulCS$ the City, It~ nfficeri: and employees, •hall not U:rminatc in any cvcnL Jn g,uring the Above authori1J11.inn, the City rei;eives lhe righl In make full U.\e of lhe property involved u may be oecessary or wnvcniuil in lbc operation of lhe Cabin Meadow Transmountain Uivcmon System under lhe control nfthe Cicy. IN WITNESS WHEREOF this imrtrumc111 hu boco executed as oflhc day and year first nbovc written • CITY 01' t:NOl.,HWOOI> By. _______ _ By: SteWm H. FondA Dircc.:tur of Utiliti~ t ~ty ofl'.nglewond C:°hnirman Englcwuod W•tur •11d Sewer B~rd The undcrsil!llcd ha:i read tlu, lun.-goiui: Licau;c •nd agn:cs lhal Ibey will ICCCJII llllll wilt abide by all the lffln~ Md conditions thereof. DAVlO & JUDITH HUETER 644 COUNTY ROAD 8 #302 BOX 1460 FRASER. CO 80442•14o0 JACQUELINE ERICKSON NOTARY PUBLIC STATE OF COLORADO My Commission El(plres I ;z.., 1 b • • 23 24 26 25 • ... ............ ,.--• Denver Water Board Exception D t Denver Water Board Int. Re£ # 970125 Amended David C. 60' Easement Rec. Rec. No. 99005811 ... • • • BY AlTfH ORITY ORDINANCE NO. SERIES OF 2009 COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER WILSON AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTION 4, SUBSECTION 7(C). OF THE ENGLEWOOD MUNICIPAL CODE 2000, rERTAINING TO RETAILER AND VENDOR FEES FOR SALES TAX LICENSES. WHEREAS, the Englewood City Council authoriud the establishmen1 of a vendor fee which provided a five percent vendor fee 10 cover the vendor's expense in 1he collection and rcmiltance of sales lax by lhe passage of Ordinance No. 32, Series of 1961; and WI IEREAS, lhe passage of Ordinance No. 32, Series of 1968 reduced the fee from lhe initial rate of five pcn:ent to 2.S percent; and WHF.IIBAS , the passage of Ordinance No. 27, Series of 1970 reduced uie fee 10 1.6 percent; and WHEREAS, lhe passage of Ordinance No. S8, Series of 2002 reduced the fee to .S percent; and WHEREAS, the passageoflhis Ordinance will reduce the Vendor fee from .S 10 .25 percent in order to preserve City funds that can be used to maintain staffing and provide necessary services 10 the community: NOW, THEREFORE. BE IT ORDAINED BY THE en V COUNCU. OF THE CITY OF ENGLEWOOD, COWRADO, AS FOLLOWS: ~-·111e C..ity Council of lhe City of Englewood, Colorndo hereby aulhorized amending Tille'· Ch1r•tr 4. i:.:ction 4, Subsection 7(C), of the Englewood Municipal Code 2000, entitled ''S•,.:s Tax R.-.,.ms" to read as follows: 4+4-7: Sales Tu Returns. A. Every person required 10 ob1ain a sales 1ax license pursuanl 10 lhe provisions of Section 4-4-4-4, sball file a sales lax return, with paymcnl of lalt owed, if any, upon the standard Mun.,cipal sales and use tax reporting form as adopted by the Executive Director of lhe Colomdo Departmen1 of Revenue, not later than lhe twentu:th day of each moolh for the preceding calendar month; provided, however, tha1 if the accounting methods regularly employed by 1he licensed retailer in the lmnsaction of his/her business, or mher condilions, arc such tbal reports of sales made on a calendar monthly basis will impose unnecessary hardship, lhc Dircclor may, upon request of said retailer, acccpl reports at such intcrvals as wiU, in hWbcr opinion, better suit the convenience of the tax,ayer, and will not jeopardize the collection of the taJC • l 0. 11\e ,cmms so tiled shnll c~ntain such infom,n11on os may ennble the Director to nccurntcly • de1cnnine the amount of tax coll ected by the person tiling the return, but in all cn,cs shall contain the following infomution . I. The amount of gross taxable soles made by the re1ailer during the ~-nod for which the return is lilcd; 2. The totnl sa les price of al I propcn1 returned by the purchaser as a result of o re1um of goods sold by the rctai ler: provided, the original sale was I taxable transaction: 3. The total fair rruuket value of any property received by the retailer as o result or an exchange or property; provided the property so received is held by the retailer to be sold or leased to a user or consumer in the regular cowse o(his/her business; 4. The ljtaJ amount of retail sales which arc exempt from the tax imposed by Section 4- -:-4-2 by reason or the provisions of Section .µ-4.3; S. The total amount of sales made on credit, the obligation for which u not secured by a conditional sales controct:, chaucl mortgage or other security instrument entitling the retailer to repossess the item sold, which are found 10 be worthless and which may be dcduct'ld as bod debl! on the retailer's Federal income tax return. C. The re1urn shall be ac.:ompanied by an amount equal to the sales tax required to be collected by the retailer but which, in no case, wlJ be less than the amount actually collected, nor less than three and one-half percent (3.5%) of the figure derived by subtracting from the gross taxable sales, b, reflected on the return, the total sales described in subsection B2, 3, 4 and S above, as refle:ted on the return; provided, however, the retailer may deduct from the total tax due an amount equal lo eM--!ialf ~ percent (O.SO ~of the sales tax required to be collected. which may be retained by the retailer as a fee for collecting said tax. If the return or the tax remiuancc is filed later than the twentieth day of each month or as prescribed by the Director, the 9M-llelf ~ percent (~~vendor's fee allowonce shall be forfeited and added to the amount of the deficiency. 0 . All other persons shall pay to the Director the an10unl or any tax due under the provisions of this Section 4-4-4-7, not later than fifteen (IS) days after the date that said tax becomes due. ~ Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health. safety, and welfare of the public, and that this Ordinance is necessary ,or the pn:servation of health and safely and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a mtionol relation to the proper legislative object sough! to be obtained. ~ Sevcrabjlity. If any clause, sentence, paragraph, or pan of this Ordinance or the application thereof to o.ny person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such j udgment shall not affect, impair or 1nval idnle the remainder of this Ordinance or it application to other pc,,ons or circumstanea. 2 • • • • • S,-c1,c,n 4 lncons1stcnt Onhnance< All other Ordmanccs or pon,ons thereof 1ncon>1s1ent or con01ctmg with this Orduumce or nny pomon hereof arc hereby repealed 10 the cxtc·!ll of such inconsistency or conn,ct Section 5. Effect o[r<-:neu! or modification. The repeal or modification of uny provision of the Code of the City of Eni.:lcwood hy this Ordinance shall not release, extinguish. niter, modify. or change in whole or in part ony penalty, forfeiture. or liability, either civil or criminal, which sha ll hove been incurred under such provision, and each p:ovision shall be treated nnd held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture. or liability, as well as for the pwpose of sustaining any judgment, decree, or order which can or may be rendered, entered. or made in such actions, suits, proceedings. or prosecutions. Section(. Penalty. The Penalty Prov1S1on of Section 1-4-1 EMC shall apply to C3Chand every violation of this Ordinance. Section 7. The change in Vendor fees shall be effective January l, 2010. Introduced, read in full, and passed on first reading on the 17th day of August, 2009. Published as a Bill for on Ordinance in the City's official newspaper on the 21 • day of August, 2009. Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of August, 2009 for thirty (30) clays . Amended and reintroduced, read in full, and passed as amended on the 8th day of September, W09. Published as an amended Bill for an Ordinance in the City's official newspaper on the 11th day of September. 2009. Published as an amended Bill for an Ordinance on the City's official website bcgmn,ng on the 9• day of September, 2009 for thirty (30) days. Read by title and passed as amended on final reading on the 21st day of September, 2009. Published by title as amended in the City's official newspaper as Ordinance No._, Series of 2009. on the 25" day of September, 2009. Published by title as amended on the City's offtcial website bcgiMmg on the 23rd day of September. 2009 for thirty (30) days. James K. Woodward, Mayor ATTEST: Loucrishin A. Ellis. City Clerk I. Loucrishin A. Ellis. CII) Clerk of the Cuy of Englewood, Colorado, hereby certify that the above and foregoing is a true cnpy of the Ordinance passed as amended on final reading and published by tit le as Ord inance No._, Series of 2009 . Loucrishia A. Elli• 4 • • • • • • ORDINANCE NO. SERIES OF 2009 BY AtJrnORJTY COUNCIL BILL NO . 38 INTRODUCED BY COUNCIi MEMBER MOORE AN ORDINANCE AlITHORIZING THE ACCEPTANCE OF COPS HIRING RECOVERY PROGRAM (CHRl') 200\/ GRANT FROM THE UNITED STATES DEl'ARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES 112009RKWXO18 I. WHEREAS, the Englewood City Council reviewed and authorized the City to submit application for the COPS H,nng Recovery Program 2009 Grant requesung four entry level pohce officers; nnd WHEREAS. the purpose of this Grant is 10 preserve and create jobs and to increase a police agency's capacity in it's community policing and crime prevention effons by re-establishing the Impact Team; and WHEREAS, the U.S. Department of Justice -Office Of Community Oriented Policing Services has awanlcd Englewood Police Department the COPS Hiring Recovery Program 2009 Grant in the amount ofS697,1 46; NOW, Tl IEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the COPS Hiring Recovery Program 2009 Gran t, a copy of which is marked as "Exhibit A" and attached hereto. ~-The Chief of Police is hereby authorized to sign the COPS Hinng Recovery Program 2009Grant on behalf of the City of Englewood. Introduced, read in full, nnd passed on first reading on the s• day of September, 2009. Published as a Bill for an Ordinance in the City's official newspaper on the 11th day of September, 2009. Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of September, 2009 for thiny (30) days. Read by title and passed on final reading on the 21st day of Sepcen1ber, 2009. Published by title in the City's official newspaper as Ordinance No. _. Series of 2009, o .. the 2s•day of September, 2009 . Published by title on the City's official webs11c beginning on the 23'" day of September, 2009 for thirty (30) da)'S. James K. Woodward. Mayor ATTEST: I..oocrishia A. Ellis, City Clerlc I, Loucrishia A. Ellis, City Clerk of the City o f F.nglcwood, Colorado, heRby certify that the above and foregoing is a true copy of the Ordinance passed on fiMl r,ading aod published by title as Ordinance No.~ Series of 2009. Loucrishil A. Ellis • • • • I ' • (1 ..,, 0/fo ti• Dlrtdar 1/0H,,_A_NW War!Jor,.., DC 10SJO Chief of Police Thonw Vandcnnee Englowood Police Department 3615 S. lllati Stn,et Englewood, CO BOll0 U.S. Department of Justice Offioe of Community Orientod Policing Services (COPS) July:ZS, 2009 R,:: COPS Hiring Recovery Program Omit~ 2009RKWX0181 ORJ#: C00030I DwChlefofPollce Vandcrmoo: Once agaln. I would like to congratulllle you on reoelvlng • COPS Hiring Rocovery Program (CHRl') award. Your award Is for 3 officer positions and $697, 146 in federal funds over a tbrto-year grant period. Your agency lllllY now begin hiring or rebirin& officers to fill CHRP grmMunded positions. llnclosed in 1his pack,geis your gr&nl awsni Th• Award Do:ument must bui~•ed and retnmod to tbe COPS Olllce within 90 daJ" to of!iclally aceept your ;raaL Tbe l'roqutDtly Askod Questions (FAQ} documcnl !Dclude,I in Ibis pawge sjlould be helpful in answering sny questiom you 11\1)' bM abolll occepting your award, or requesting additional time ta do so. BeglnnilJi oo the m'dSt slde of your Award Doculn::111, you will iind a latal of thru pages ofCHRP Grant Tennund Conditions. Youhould read and fmniliarizeyoursolf with all 16 =ms and coadltiOllS that apply to your CHRP •~on!. A wpplcmanlll onlme award pacu&e for CflRP granites CID be found II http;{lwww CQ05.mdo) MfDe[■utt.,gp'!j1ml-2271. We stro<1gly eucoonge ycu 10 vlsh this s!1D lmmedlalely 10 -• varlet)' ofimpor11nl and helpful documents IIS30Cimed wi1ll your award, including the CHRP Oralll Owner'• Manual, which specifies the ttl1IIS, cmlitions, mid roqnin,ments of your )Villi. Also, within a few weeks )'O'I should r=eive an impor1lml pecbgo from the Office of the Chlcfrll\llt\cial Officer, Office or Justice Prog,9111S. which will conlain the farms and instl'UCtiom nocessary 10 begin drawing dowa funds for your gJ1lll. As mcntloncd II the Um• of annoUJ1CCment, eru:b CHRP application wu subjtcl to • lboroush ~!cw, and some of your appllcaUon information may have beet! updaled or conected from the orlslnlll version iubmluod ta COPS. If you have not yet done so, please access your applic,,tion Bl hUp;//www.copupdoj goy/De[BuiLasp?ltomc464. and print and maln!Ain • final COPY for \\W n,cord.s (lfyou are unable to print a COPY of your epplication, please contact th• COPS omcc at 800.421.6770). 1'he Plnanclal Clow-once Memoraodum (PCM) and Final Funding Mcmor Jndum (PFM) lncludod In this packap rofioct allowable costs and amounts under your award. The FCM specifies the amount nfCOPS Hiring Recovory Prog<Am funds awarded to your agency for officer salaries and approvod bcno71ts, while tho Ff'M contains the final officer salary and fringe benefit categories and t X M j I T A I. I •mo•,n~ for wl11d 70,· agency was approvod Please reYiow bolh documents cirefull}. u yow-ncn11<')' nmi· 011ly h, re,mburaed for tho amounu; and approved cost categories iodlcoted. Al I mmlnder, under CHRP all po.11t1ons awarded (or an e11llll number of velOrlJl offi=s) mull lnlllnte or cnhar1tt community 1oolicmg in ACcordnnce with tlte community policing plan as Clc'Uiboa w!U,m Socuon S or your appUc111on. If for any reason your 111:ency finds that your c,,mmunlt) pc,hclnn p.1ns h1vr slgn,ficantly chonged from those outlined in yoo, applicabon (e.g., IJ<,r,111\t you n<cclY<II fowcr officers Uum originally requested and thus musl alter the scope of your ,,.,mmLlltty pollt.lna I' am), ploase ,., • .,. !ht plan accordingly and submit It to the COPS Office for re1•1ow and approv•I. Yos should ol,n coniact U1e COPS Office if, for any reason, you need to modily you1 w-i•t award Thb Includes any reallocation of your awarded positions ocross lhe three primary hlrm& catcaone,; (l.,. new hires, rehln,, of offlccrs laid off pre-application, and rehires of officers laid n-ff or 110heduled 10 be laid off po!rt-appllcetion). ,\s explained II the llme of g,am IIJlPlicalian, there are significanl roporiing ,cquilemcnu; on the uscofCHRP fundt In addition to quarterly financial and programmatic progress reports submltled to the COPS Office, CHIU' granlU$ are also required to submit quarterly Recovery Act reports within IO dll)'S aflor the end of each calondM quarter to www.Fedetl!Reporting.goy. These Reccvo,y Aotreports will be made available to the public on www,Recovery.gov. All grantees mU!I be regiJlerod as ml!horiz,,d IISC/1 prior 10 submlttlo,g reports to www.FodyalReporting.gov. The roglstration function 011 www,FoderaJReporting.g?Y will be available no lal!lr lhll'l August 26, 2009. Please note Iba! registration with this website also n,qulrcs usors to be registered w\lh the Central Contractnr Registratl011 (CCR) and haw a Dun cl Bradstreet Dall UnivCIIII Numbering S)'Stclll (DUNS) number. Rogisterlng with CCR and obtaining a DUNS number take eddltional processing time, so your egonc:y mould take iJnmodillo steps to meel these requirements in advance of reglmtion with www,Fedm)Reportjng.gov. For addlllonal infannation oo CCR. and DUNS, please refer to the CHRP Grant Owner', Manual at http;/fwww.cops.usdol,goy/))efault,asp?)tem-2270. Finally, please remember thal ~ mus: rotain all swom offia:r powons award=d Ullder the CHRP grant for • minimum of 12 months following the 36-month federal funding period. The retained CHRP-fimdtd posi~on(s) should be added to your law cnforcemenl bu:l&et with stale and/or local funds, over and above the number ofloca!Jy.fimded posi1ions tbal would~ existed in 1he ebocnec of the granL In your CHRP grant application, your agency wos required to affirm that it plans t0 re1aln the additiona. officer position, ■warded following the explntion of the grant. and to identify tho ploMcd sourocs of nitention funding. l!; durins th, life of the grant, you have questions regnnling the re1ention roqulremcnt or yow-mention fundllll: source.s, please contact the COPS Office fo r wbtam:e. . Once again, coogratuhllions on your CHRP award. If you hove MY questlons nhout your gmnt, please do not hi:si1a1e 10 call the COPS Office Rnpon.,e Center at 800.◄21.6no. Slncmly, ~ Oavid M Buchnnan Acting Director \,6ll''-~ r· 121 ~~=-....-------:!..:r.D=-= P, ·· , i,fDtP·~ AftD1Ai 11AD~ ~qh~l.l'41 ,~&,....__ · ~~iollndcu~mI.n.ic.,,,af\i2""~g;.,_idto~q,.7~ tta:hed pagca: coP\' t~l i~'t" cT(tP·'~f ~fjff:=l!tiP\f !UPVLaw1!tiji, ~--t~ ~J,V· Awlld IDc /Jt 88l61 I\~ • • • U. s De?"nm•nt or Ju<t,ct :Jf)ic, of CoMmllll/JJ °'1•••"' Pol1Clllg s.,,.,cc, 001,s H1nn1 Reco"ery P~nm Cnnt Terms and tondtbons By 1l;nlng the Award Documcn1 to accept 1l'd1 COPS Hirtng Recovery Propm (CHRP) arint, the gr1n1c: 111;1c.e1 to 1b1dc: by the rollow1ng c;r1nt terms and condlHona: I. ne pntcc 1grem 10 comply w11h the,.,.,. ■nd eondittons in tlll1 COPS Hmns l!cco¥e·y Pto&mn 011n1 Owne:', Manual; COPS .... , .. 1,2 U.S.C.♦ )796dd,d s,:q,), 2' c.f.ll. Pan 6Ci Ol2' C.F.R ,an JO sappho■blc (lO¥<ming ,d..........,yt requ-ror 1..,.111od ooopcntl"' ..,..,....,~ 2 C.F.ll P■n 22S (OM& Cw<III» A-17). 2 C.P.ll. P■n 220(0MB C11a,ia' .i.-21). 2 C.Fll P1t1 llO (0MB Ciroulor A-122),nd 41 C.F.R ,., )1.0CNl ucq. (FAR 31.2) 11 IJl!lllc■bl< (lo-scot1 ll"NICipleo). 0MB Ciroul• A· Ill (govcrnlnA 1ud111): American Rc:o\lcry ind Rcinvcstmlfflt Act (Recovery Act} of2009, P.L.11 IT5 ; rcprcsenttdon, m1dc ia the COPS Hlrlng Rocovcry Program grcnl appllOCIUon; 11nd nil other opphcablc prOJtlffl rcqulrcn»nu, law., orders, regu lation,, or circular£. 1. 1lc F'n!CC IJTCOI ,. comply wllh the Allurancu and Ccfflllcalionl 1""'11 11111 wcr< •bmlucd II part 01111 COPS Hiring RawYtl)' l'n>ar■m ,ppllca- 3. 1lc lundinl uodcr th11 pn,)Od is !or l~.c payment ol 1pproYCd lull-lime entry-level,_. olT-oallric, incl (rioac bencnu ov=r lh,.. yc,11 (lor• 10111 om monthaof lund10C) ror new or rchin:d tddl1lon1I, wee: l1w cn(OROmon1 ,m.., po,, .... , hired oo or ,n., 1he 11w1rd start dlltc.. The Flnanolal Clearance Momoni.ndurn included ln your DWllrd paclce.l 1pcclfim the coats thm lhc mrnnw· r, allowed 10 lund with your CHIU' 1wm!, II will 1110 do,oribe 1ny oo•~ whlct, h1vt1 been dls,llowtd ,ner rovlew or your proposCC: .J1c1. The 11111tu m,y nOI '" CHIU' lundt for ■n)'lhln£ nol ldcntlf,od ■s 1ll0w■ble lo !he Finnel II Clo■r■nce Memorandum. ,. QIRP...,. l\r,df ny not bt UJOd ID repl■ce 11111< or loc:11 fund, (or, lor ofbel V"ltra, aw-or Indian Atr■lr■ luads) lhol would, In the absence or rdml ■Id, be rnMle 1..Ulblc r .. h.ins ■ndlor 19hirlrl& lull-rime ca"' la" cnlcrecment •IT-position,. 5, Al !he time of 111111 applloltion, the 1r■n 1oe ccmmlued 10 1tllln ln1111 CHIU' olT-posillon, iwtrded wllh 111tO ard/or loc;al '11nd1 ro, , minimum or 12 month, a1 the conclualo• or lG month, of fcdcn!I funding lor ,.ct, pooltlon, ovor and 1bov, die numbc1 or loolily.fundc,i po11tlon1 1h11 would hove c,i11cd in lh• 1blencc of lhc snn• You cannot Hll1fy lh• rotention rcquirtmeol by "Ina QIIU' po,ldon, .. nu VIClaciCS from 1nritloo. ,. 1lc lltlllt< m■y RqUCII II eu:naioa o( lho 111111 ■ward period ID .-iv. ■ddltloul time IO ifl"4'1cmcat th, put pn,gr■m. Such o,tcn,io:,i do ffOI provide ■ddllional lundlns, Only lllo,o plw 1h11 can pn,vidc, ,....Ible j1Ulific:1tion for delays will be pooled no-ODIi extcruforu. Re11011blc Justlfic■1lon1 m■y lncludt doily, In hiring COf'S.funclcd pocition■, om.,, iumovcr, or other alrcurmtanee1 th11 ln1em.1pt the 36•month gnn1 runding period. An ex ten.s:ion allows the. snntie to COfllltlMlt~ for such delays by providing eddltlonal 1imt 10 complete the full 3G month.1·or rundina for c■ch position 1w1rdcd felMIWP CfPHSltl ffll.!l' be awlmd arler ltl ,~, rad,,,., q(lbc attRrd Sri WMl!PO CIOHW,~ rplyrd sa«r 9a AMI at Mt gp/r,d trill kt qpp,pttef eolt Mntkr very lliultff CvgqntgQPre,r ,. Dvn1111 chc OIRP .,.., IWlld paiol!, II m■y *""' _,. ror ■n ogen:y t0 m,dlfy iii CHRl' -· ~ dut,. """"' • 11 1p1<y"s fiscol Df law cnlorccmcnl si1111tloa. For tns!lnCe, modlflClllon r<queas sllould be l>llrnillc,l to tht COPS Offiet w!tcn 10 aacncy den:rmines lhll it wfll need t G shin officer ">OSitions awarded in one hirmg cllcpry into a d iffcrent hirinai category or rcduc, the total number or po,ttian, awn.rded, Orant rnou.4ficationa ul\dcr CHRP are eva\uau::d on a ,esc•by.ease b11l1. All modmcatlon requc11, muo be ■ppiovcd, In wrnlng, by the COPS Omo, prior 10 their implemenllllon. lo odditltm, pl,.., be ,war, 1h11 the COPS omco will not approve uy modi5cario, n,qucst lh■l ruul~ In ■n lne:cue of fcdcr■l ll1r1c1L 1lc COPS om« .. , coodDcl montlOllnl or -oa..-1 CV11uit1ono o(ll,eCO,S H"'I Rea>very PN>p1m. The p■nloo - to coopcn!O win lbc _,.., one! enlUIIDII. 9. Tc 111IS11hc COPS omce In lhc monilorlos o!your,w;rnl, lhe 111n1ec ■grccs to 11Jbmlt quarterly l'"'Snmmatlc progms r,portt and quarterly fi nancial ~Ports in addition 10 any reporu rel uircd by lhc Reoovery Act. The grantee also aartc, 10 1ubmit ~II rcqueate:d rq,orts in a timely nwnner. U. TIie COPS Offioe petrorw ""'°"' lunodorll ID ...,... ....-.,1-with Ill i,.t n,quimnc,11, ID mcu the ffl111ernen1>110D of oorm,un{ty policuoa It, rwadul Jumdicliou. ■nd ,. pn,,idc tc:dutict! llliJuocc IO.,.,_ Orlnt monlt11m1 IClivhlc■ .. routine during the tp1lnt pctied and ny OCO\lr up to three Y'IR f< llowina the olTtcial clc111m or Ille p!I award ,,_. funclions, and othor■, obn "'I''"' !he productloo or gnm1-rel11CII documcntllti,,n and oth« mo1eri,1,, lu I COPS Q{RP s,,mtcc, you,.,.. ID -111• with any such rcqLiUII for lnform111ion . 11. The gr,ntcc agree,,. comply with the fod<rll rtJulntioo, p,nolnlna Jo lh• development and implemcnt11tion ol ,n Equal ~loymcnl Opponunity Pion (21 C F.ll ran 42 subpt,1 B). For .,.;,,noo, .,..,... lhould DDnlllh th< Office of JLllllec ProJlltffl'. Offtee ror Ovll Right,~ II.,.,.. RIP ysdoj 19YhbquJ/pg/eeopJ1m 12. TIit ....... -ID -'"" and uep Oft ntc, a ■ppn,,riuo, I s ...... or CitllC111hlp ■nd lmmlgnrion Scmcc■ l!mploymenc Ell&lblllty Vcrif1C111on Form Q-9). Thill lorm b IO be u,od by reciplen~ of fcdml fund, ID verify lbll pcr,on,"' tlig,olc IO wur1! In the United StattL 1 l, All newly hirtd, oddh1onll of!icm (or an equal number 01 redeployed vetcn,n omem) fu,dcd undtr CHIU' mut1 a,g1g, In communny pollcins ■ctMtit1. Conmmlty policing 1cdvhe1 to be lnitwcd or cnhonc,d by the gnatcc wm idcntlficd tnd dGcn"lttd it, yo,11 C!fU -,wliclllon. with n:I""""' ID uch or th, rollowlnJ cl..,_ o1 cam,unhy policlns: 1) ........,hy P■ge l of3 L S :,e,panmerr ot Ju,ucc: • V/fiot' q,~Communit) Or1omad J'ol,cm,: S,•n,1.-:.t!I . COJ'S Hmnc Recol"tl'}' Pro::nim Grant Ttrm1 nnd Condltioh.1 pin:.nc!'ShipS and ~ui:,ron. b) :e:1111cd governmental GM commun1cy 1moattver; tt.11 camP'cmc:nr IIC paoccc:'! pf'tlp,b::d. 111 of ==•·UU f\lndmr.. and t\ hrv. Ii\~ i;,anw will use thr fund:: in rtom:nl hJ m1:.s1on or enhn.nc:r \cs commitment 10 eommunlty pt-hctne, 14 Clra:1lcd tl1at profldc. law enfon:ement ICtVtea to ariotm:r JUmdlCLOO ~ l wnt~ ffl\W tlStll'C Uiai ofii;cvt fuadtG UM!:' &lit CHRP cnnt 00 not sctYlec !ht other jurllldictmn, lmt \ ·JIJ only he 1nvnlv;d in act!Yltle!: or pcrformacr\llCC:: that o:du;1vd) henc:i~ the c,mu::e•s ow, Juri::dictian.. Grvit«s cannot we ClfllP fonds IC ,:a) fa, a cwurad to rei:G1YC". law enforr.emcnl i:CN1w from a1rnlhor agmcy JS. Fil.rt ::aicmcnu or ctillrw. ca.it In con~eaboo with COPS granu may rcNII in fines, irnpnsotuncn~ or dcbnnnttU f1om pllrt.lclpatln& I■ l:dcnl c,11111> o, --uidlor 1111)' ott,,, rm,ecfyanillble by l&w J('i, The "°an1ec. undcrsuu1ds thll thr. COPS Hirln& Reaovcry Program is fttnded thrn.1,th the Americ.an Recovery or,d Reinvcstmcn: Act (lCCO\aY Att) of 2009 aDd ac,ccs to COtnply Wllb the CJCt.enSi\lt accauntDblllty And U~CQC)' l'CQUlren\Cntl on lhe ll&C of Rcoo,cry Ad fllOds: (A) newca Ad Iow1P Wed In Schedtdn ofEw11dhutt~ oCFrai;tt1 Award:r 11nri Rr&inicn1 ResN!lsilnllt1c! rnr lnfo~mion SR1mmir.rU ( I) To tTLllXlm!u the tran~1tency ond account::i.bility of funds ■uthori?Cd uilck:" th~ Americlm R.cctivcry and R•itwG.,"tmcnt Act of"2009 (l'ul,lic Law 111-5) (Rtcovcy Act) u required by Conpw md In AW>rdanoe wllh 28 C.F.R. 70 ":Jnlforrn Admlnlstr.tlve R,qulmnecu far Gnnti Ind~ far lnstiailcoos ofHi,:b<t 1!a1auoa, lioopllali and 00.... Nao-Pl<•• ",p:uulioos" anH 21 CF.IL 66 "Uniform Admlm,trt~•• Requlrcmencs for Q,-nt, end ~•"" f« State IOcf l.oc:li Gonrnmai~ • "" ra:lplcn1 ■g=i ID ...in,,;, rW>rdl thll lclcnd(y adcq-"'toly the source ■nd appllcotion ofl\ecovOf)' Act filnd4. (2) For I n,cq,l,nt cov=d b)' the S"mgle Audtt AOC A=ndmcna of 1996 ■nd 0MB Q1Qla' A-133, "AlldtlS of Slllcl. Loco! Government.,, ■nd Non-Profi, OrJ;11 nlzatio111," the rcclpknl qrccs to ,ep,ro~ly identify lh, CJlpendt,ores f,,. fcdtrol ■WII\U und,r the R=ftt7 Adoo tbcSehedll1c ofl!xpcodiluroi o!Fadom Aw■tdi (SEPA) oodthe Oat■ C,,llecilonFl>',11 ,SF-~C) required by 0MB Clrcuhr A-131. Tbisabollbeoccornplishcd by ldcmlfyv,aa;,e,,dltt= !or fe=>f awwdJ mad< IIIO" • .1 ,...,.,,, Ac:,q,omdyan the SBFA, and" •,p1!111o rows uodu llall 9 of Part m on the Sf-SAC by CFOA number, .. d oo·lw., •' Ille pm,x "APJlA.• on ldcallfyb,a thtnamc oftbc r.t,nl prognun on the SEPA and as the lint charl."tm In !tom 9d ofhJ< Cl o, "' SF-SAC. (3) Th• ru1pl=nt ,g,= ,. Jep,nldy id!nllf)' to eoclt mb-rmpleo: flf Ill)') Ill! -...,. al tho tr,,: of ,.....wan! ■od II tit< umc of disbursement of funds, the federal award nwnba, CFDA number, and 11tn0unt of Recovery Aet fonds, When I rdpiant awards Retoffl) Aal fuodt {o, • oxiatln& prosrom, lht mlonu■!lon !u.-ulshod ID sub-n:ciplcJlt, aU dl,Ungulsh th, sub .. words of ,....,.cnll! ll=o'"'l' M. fmtdl flam n:gullt 1111>-tnd, un&:: tb: cxisua& pror::llffl. (4) The rccipit.il agrt:es u, r:qUU'e their suh-rccipic.ne (if any) to Include 011 their SE.FA infonnallm l0 ,pccifieDII)' identtfy Rc~ry Act {m,dmc llmllar to th, _.,,,11, fo, tht ,....,,,.... S!:FA doa:ibc:d abo•e. Thi> infmmatloo is nctdod to allow the tccip:c, • pmpcrly """'llor ,pb-mtpa:lll Olp".ndtOJ,. o! R...,.,,, Ad lundl c well • 0""'11ht lry tbt lloJl'WD"" of Jus:1co, O!!"ttt o! "' lmpoctor Gcnenl amt O.,e,nmcut Account1blhty 01Tt1:c (Bl Rtcirlmt &mom1D4 Csml ContrJFt?t Bm111b!:11 (1) n1c recipient nnrw to ct1mplcte projcctt or ttctiv1:tcs which arc fundi,d under lhe Rcco"Ycry Act,11nd IO rcpon on us:c. of Rr:!:ovtry A<1 fund> pnll'aded lhtoup thi, •wan!. lofonnutial 1rvm thc:lo rr.pc,:u wiU b, m■d, ••llil■blo ID Ibo publlt. (2) Th• n:po111 otedue no l11crth1n 1a, c■lcndm days 1nor<llt!I cnh:ndarquaner,in whocll the ""'"lent rcc,f,., th< IISSIStlln« owanl funded lo whole or in part by tllo 1\=,ery Act (3) Th• l<Clp,ctll ■nd lhclr [Ull-cior m:lpltnts (If '"'1) IIIIIJ1 ...... in canait ·~ in IIIC Ceot:11 ConU'Otlal Rqulnlioo (www.ccr.gn,) at ell tune, dur1111 which they.hove 0<'11ve fcdcrnl aw,nl, funded with ltc<ovcry Aa !und~ A Dan and Dnubtroct 0.11 Uol•<n■I Nlllllbc:rin& S)'M&'ll (DUNS) Nuonbcr (www.dob.com) ii 00< of tbt rcquln:mcni, for iq;ulnltlt., !n Ute C<ntrnl Contnictur a..,-,... (4) The ,ccjpient :aholl 1cpo,1 u" lnformutmn de,orlbed In ,cation I ll2(c) of the Rc<0very Allt usin& "" n:ponlnc instructions ood dlll tk:maoslbll will bo: pn,•,dod oollnc Id www.Fcdaall\qtortl1¥-t<" and....,. thal 101 labmalion 11111 is pr,-G[l,d ii comclCd Dtupdol<d Ull:Cdcd (C) ~i, oCR.ccilncn1 Rmxw In -w,tlt IOOt.on at2(c) oftht R.....,, A'1, thucc1p<111 .,_ tlal not Iota tbar I0tlaJslll .. tbc tnd uf tllCh calendar qua,tcr1 each reelplent lhnl reeclvcd llewYery Act fundl from o !cduld •ce.ney shclll 1t1bntit a rnpon 10 thiat 11cnay lhtll contufns- (l) tht t<llll -cl1-, fu11t1J r=:,nd f-lhol .,,,.,r, (2) lht amount of recover)' Ci Jt rcoclved lhnt were t-xrended or obligated to project.~ or activities; and (3) , dmikd 1111 of ■II pn,)c:cu ar aatl.tbr:s for wb;oli """"''>' fvodr ...,. e,,pt:>dod or obllp1od. fnclodlllC- (1) 1hc namo of the proj~or or 11cllY1ty; (b) • dCJffiptio• of tbc p,0)c<l or 11C1!vlty; Png,t "of3 • • • • U S :Jcportmen\ of Just,cr "'ffi" a(Comm111t~ OrM:nlec' foltJnr ~,;;c COPS Hmn.c Rtt:ovcry Proe:nira Gront Term• and ConJltioru lC) 11 ev•luatton o! Che. complotaon ,uitus or lbe project or 1ct1vtq,-, (d) 11.n C1t1mn11: of lhc number or Jobs m:atod and the numbti1 or Job:: rct,unet tty Che proJCCl or nct1•ll)', ind (a) for in rrmructurc 1nvc.stmcnu: made b)' state 11nd loon1 ,tovc.rnments, the putpolft, tolnf casl, a11d r11tlonn1, or lltc 1,:a.11cy fo1 fundin, rit.e 1nf111mrucwrc lnvcs1mcnc wttb funds made 0:1,;ailablc under lhb, Ad. 1111d name aflhc f)Ctlon ta c:orm1et t lh-: 1cency Ir u,crc 1tt ooncoms wtth the m frutrucuuc investment. (4) Dcllfiecl lnformaboo on 111i,co111rurs or DJbgmlr Of any) ■wvdcd by lh< -• ilclud< d~ dllJ cl:n,a;u n:qullcd lo comrly with Ilic Fedettl Funding Accountlhillly and T11R1pa1Qlty Act of2006 (Public Law 1~2tli ollowmg ■w"..pl< rcportinc on 11w11rds below ru,000 or lo lndlvldu11.I~, as prescribed by IM D(reclor of lhe Off10c of Mnnaccmcnl 1nd Dud;e:t.. Tiltlt. report: 11'6 ln ■ddltion t1> otilnr rincmcial and prt,gt1mmotlc rnr,ons fCQUll'Cd by rhe OOPS OrflCt, CO) At'£'3! m Rr,;aak and 'nmunn The rec,plCI\I IO"'" that th, Dcp1nmcnl of Justice (DOI) and lrs ...,._,.,,..., (lnclud'"" COPS and 11,. Office or tile IMf!Cctor General (OICJ)) 1110 the Go,cmm..,l AoooUJ111!>lllly Offico (OAO) shall 1 .. ,. occca lO ond !ht rl;ht lO «amine oll r,,:ocd1 (lncludlnc. but not limited to, boolcJ, pcpe,s, ond doeumcnt£) rolotod 10 th!■ Recovery Acl award. Tho n:aip lont ol,o 01rw 1 ,1 [J()J nod lhc (JAO .,. authon"'d to lnwviow any ornou"' omploycc or lhc reclplcn1 "'i>rdin; lrWIICtions reloted"' lhb Roco,c -\d ,w&NI (E) Rnndbc Pmartiol fmud WIUC:: and Atagg. o,4 Sitnflv Mlso,duct The rcoiplen, ...... ID pn,mptly .. ror ID tho Office, or tho ltllpCOl0c Ocnenl (010) any cndlblo OYfdllnClt 1 ,i , p<IIIClf, , Cfflploycc. agcnti oan1raetor, 1ub-(;rtl'ltec,, subcontractor, or other pcr,on hu aubm.itlt.d I falle o.lalm under the False i..·• ~s A~ M lte.:i cominlued a. criminal or a.Ml vlol1Uon of lawl pertalnlng to lrlud, cunfHct of lntefeJI, bdberv, graiutcy, or 1lmi!L miscond,·:l Involving RecoVOCJ Act l\lnd1. The 010 m•i be con1atl0d II om bmllnt@11ml !Pl ww.usdoj.pvlo' ., ~'.Vl1oll',c.h1m, and 100.869 .. 99. (F) Pmre;tloc tce md JP Gtlmomgtt nl Comrw;ta,r Whilkefcrwm The rw.:,ient 9CC# th11 the R.ecovcry Act provide ccmln proltctiom against~ fot mployect ')( noa•fedml employen (ltlte and lo.::11 e:rw~nmcinlS or prinle contractors) who disclose lnfonnation to fcdr.n.l offlcl11ils rewn11bly bel ieved to~ evldc11oc orwo,s mllllltcmc:nt, ;tOSI waste, substanu1I &nd spcclfit. d1nacr to public hea.hh or 1,artty, obusc or adhorlt)·, or vlol111lollf o(\aw rcl11cd lo conuaca or gnnlJ \IJinc R=VOCJ Act fundE. (0) Se:vtmc Tmk:mr md &enorune AfBmM AR r:yndr g 0qt;orn;s The recipient 11;:ree, to m41ntaln accounung sysLtms 1tnd records thAl adcqu1lCly tl'ltk, account for, and report on Dll Cun<lti rrom th1J Recovery Act cwnrd (lnt+·dinc officers hlml, 511lnrl= 0.11d fringe bcnofh, p11id, and th:. number or Job~ created ilnd JtilJ:i; pr~rvtd) acparalcly from atl other f ls (lncludlng other COPS ar.d fcderaJ &n,'Lts nwanfod for the same or simlllU' purposes), (l-f) Addrti9DII 8&9V¢RUS;litr Ind Quidancc Th< rccip!cnt -,,us to comply wtd: an, modificotiom or addltlooal '"'Ill"''"'"" 11111 moy be lmpotcd b1 law and fllllR COPS (including GOYcmment-wido) guidance ond clarif1auions or Recovery Act requlmncnlJ. P•~• 3 of3 • ( • ) , ·MoRANDUM U.S. Department of Justice Communil) OrionJed Policing Suv,cc.s (COPS) Grants Administrlllion Division COT'S Riring Recovery Prognm To: Chief of Police Thomas Vnnd=ee Englewood Pol ice Department From: Andn:w A. Dorr, Assistant Director for Grants Administration Re: COPS Hiring Recovery Program (CHRP) Final Funding Memorandum The COPS Office bas completed the financial analysis of your agency's budgeted costs. This Fi.nal Funding Memorandum (FFM) reflects your agency's final approved c':ficer salary and Vingr benefit categories and approved salary and benefits amounts. Please note that the salary m d benefit costs requested in your original application may have b=i u¢ated or corrected from the original version submitted 10 COPS based on communication with your agency. Therefore, you should carefully review this FFM, as your agency will only be reimbursed for the approved cost categories thot 11111 shown within this docume.nL OJP Veodor#: 846000583 ORI#: 0000301 Grant #: 2009RKWX0181 DUNS#: 144258444 Full-Time Sworn Officer Information C urrcul First Year Entry-Level Jlnsc Salary !or Ooe S" om Officer Pos it ion: $4 97 54 .00 Fringe Bencfjrs Socinl Securi1y: Medicare: Hcnltl1 I111urn11cc: Life lnsurnncc: Cost $0.00 $721.00 $12704.00 $93.00 Additional Information El<cmpt: J Exempt: 0 Fixed Rate: 0 Fixed Rate: 0 I I Vocation: Sl 196.00 Number of Bou rs Annunlly: 146 Sick Leave: $0.00 Number of Hours Annually: 347 Retirement: $4975.00 Worker's Comp: $1605.00 Exempt: 0 Unemployment In.!: $13.00 Exempt: 0 Other: DilRbility ln1urance -$647.00 Describe: Disability lnsurence Other: Bolid,yPay-$1196.00 Describe:HolidayPay Other: -Describe: Total Current Finl Year Entry-Level Benefits for One Sworn Offictr Position• $23150.00 Total Ycarl Salary$+ T ta1 Year 1 Benefits= $72904.~ Total Y car 2 entry-level salary for one sworn officer position: $52915 .00 Total Y car Z entry-level benefits for one sworn officer position: $23706 .00 Total Year 3 entry-level salary for one sworn officer position: $58219 .00 Total Ycar3 entry-level benefits for one sworn officer position: :&24638.00 Memorandum U.S. Depnrtrncnt of Justice C.OmmunlJ.), Orlent<d l'oliciflg Servicer Grants Admin istration Division COPS Hirine Recovery Procr•m To: a,;.r of Police Thomas E. Vandorm"" Englewood Police nopanmcnt From: Andrew A Dorr, /,s,i'ltant Dirootor for Gnonts Administration Re: COPS lfuiog Aocovo,y Program Fmanc:w Clccll>co Moroo QJp Vendor #1 846000583 ORI II: C000301 DUNS #: 14(258444 Grant#: 2009RJCWXOl81 Tor.I Number ~f Full Tun• Offioen Funded NowH!rs: 3 ., • Rehhu-~Applieatian Layoffs; 0 ( _j Robinia-POII-Applicllion La)'ol&: 0 Cosu Par Officer: $232,382.00 Total Cost S697,l~.oo Budget Cate11orz Proe01ed Budget Aeeroved Bud11et Adjustments Dls■llowed/Adjusted -Reosoos/Commonts FuU Time Officer Sllary n14.4&2.oo t214,4S2.00 S0.00 Full Time oft' .... Fring: $4,.,664.00 $462,664.00 S0.00 Benefiu -.. - Officer Sallt)' 111d Fringe Benefits for Thn,c Yem $691,146.00 $697,1 ◄6 .00 S0.00 Total CHIU' Funding $0.00 for 3 Officers S6S7,J46.00 $697,l 46.00 Total CHRP Funding for 3 Officcr1 Fedentl Share: $697,146.00 ~ 6/29{}.009 Qverelt c,mmrn11: A fmnncio l analysb cf budgeted ooai, h111 bcctl completed, and this Financial Clcanonoo Momorandum reflects the omounl of COPS Hirin& Rocovcry Prognm funds awardod to 10ur a,gency for officar salarit1 imd 1pprovod benefit>. Please note !hot tl1e '"lltY and bcoelit COSII n,qvest..s in your oci&lllll applicatiaa m,y have ..., updatod er com:<tOd hn the original vmion submiued to COPS. You ahould Cll'OMly miow )'OIII' FlnaJ FundJn& Memo (PFM), -.blcll is enclosed bi )'OIII' rwwd pocbg ne Fl'M ·antains lbc: fmal of!icersallry 11111 fiinp bcnoft ca1egori .. and IIIIOUllts for which yourqcocy-approved. You wil le 1h11 aoinecom may have bteil adjusted ar romo-...!. Your agoncy may only be reimbuned for lhe ■pproved <OIi Cl!OgOries ~ IIR dO<"· ,neot8d wilhio Che PPM, • up to the •~ounll l))CCificd In this Flnanclt.1 Cloaronu Momonindum. ' J • • • BY Atm IORITY ORDINANCE NO. SERIES OF 2009 COUNCLL BILL NO. 40 MRODUCED BY COUNC IL MEMBER WILSON AN ORDINANCE AUTIWRJZINO A ST ATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS COMMUNITY DEVELOPMENT BLOCK ORAN r (CDBG) NElGHBORHOOD STABfLIZATION PROGRAM (NSP) GRANT AGREEMENT. WHEREAS. the Housin g and Economic Recovery Act (HERA) appropnaied $3.92 billion for the Neighborhood Stabili1.ation Program (NSPI) to suppon 1hc acq uisition, rchabilitntion, or demolition of foreclosed and abandoned propcnics; and WHEREAS, the City Council of the City of Englewood, Colorado authorized :!lo City's application for Federal funding through the Neighborhood Stabilization Program (NSP I) by the passage of Resolution 34, Series of 2009; and WHEREAS, he Colorado State Housing Board approved the Project Rebuild NSP I npplication on July 14. 2009 :111d awarded the City of Englewood SI ,253.379; and WHEREAS, Project Rebuild will purchase and rehabilitate abandoned or foreclosed single- family propenics in Engl ewood's ten eligible census tracts: and WHEREAS. the key NSP requirements include: • "ISP Funds must be expended within 18 months of the dote the State received funding (March 2009). • I\ muhi-ycnr re investment period with a tenn ending March I 0, 2013. • Households purchasing properties must undergo a minimum of 8 houn of HUD-approved homeownership counseling. • 100% of all funds shall be used to serve famihcs whore income docs not exceed 120¾ of Aiea Median Income {AMI). • 25" of all funds shall be used 10 serve families whose income does not exceed SO% of AMI . • Rehabilitation Standards must be established (mini mum of Housing Quality Standards and local codes. with grcc.1 huil,hng and energy and water efficiency encouraged). • Sale prices of abandoned or foreclosed homes p:.r.:based or mleveloped and sold to individuals, as a primary residence, shall be equal 10 or less 1hnn 1he cost 10 ncquirc nnd redevelop the home. • Purchase prices of homes can 1...:ludc closing costs. ppmtsnl arr n."lu1rcd on oil cqu1s111ons using 'SPI funds • Forcc;loscd homes shall bc pun:ha ed at a discount of at lea. 1 I', from the cwrcm matkct-appmiscd ,,aluc. • Adnun,s1rn11ve fees up 10 2~, for non -D 1rer1 and reasonable dc,·eloper fees 10 operate the: NSPI program are allowed. OW. TI IEREFORE. BE IT ORDAJNED BY THE CITY CO ClL OF THE CITY OF GLEWOOD. COLORADO. AS FOLLOWS : ~ The Moyo r is authorized 10 execute the Intergovernmental Grant Agrccmenl onachcd o "'Anacbment I"' for and on behalf of the Ci ty of Englewood, Colorado ~ Pursuant t,, Article V, Section 40, of the Englewood Home Ruic Charter, the City Co un cil has determined that Attachment I , atlachcd 10 this Ordinance , sha ll not be publi shed becnusc of its si1,c , A copy is available in the Office of the Englewood City Clerk, Introdu ced, rcad In fu ll , and passed on first reading on the 8th day of September, 2009 . Published as a Bill for nn Ordinnnce in the City's officia l newspaper on the 11,. day of September, 2009 , Publi shed as a Bill for an Ordinance on the City's official website bcginnin on the 9th day of September. 2009 for thiny (30) days. Read by title and passed on final reading on the 21st day of September, 2009 , Published by title in the it)'S official newspaper as Ordmancc o. __, Series of 2009. on the 25• day of September. 2009 . Published by title on the ny's official web ite bcgiruung on th e 23,. day of September. 2009 for dun y (301 days . James K. Wood ward , Moyor Loucn. hia A, Ellis, C11y Cleric I. Loucrishlo A. Elias, Cny lcrk of the City of Englewood. Colorado. hereby certify 1h01 the above nnd foregoing is n lruc copy of the Ordinance passed on final read mg end publi shed by title as Ordinance No ,_. Series of 2009. Loucri shio A. Ellis • • • NSP C11y of E.ntlcwood I HONS!'OOJOS Homeowner,h1r Cllaloe of Federal Oornulic /\s<l <tnn tt (CFDA) # .lilli C1111truct Routlr•~ # _ NA A __ Encumbrance# HONSP09108 Acco unt Code(s): ___________ _ STATE OF COLORAD O DEPARTMENT OF LOCAL AFFAIRS COMMUNITY DE VELOPMENT BLOCK GRANf (CDBG) NEJGHBORHOOD STABILIZA TION PROGRAM. (NSP) GRANT AGREEMENT with C ity of Englewood TABLE OF CONTENTS l. PARTIES ...................... -..................... -------· ............................................... _____ , l EFFECT!VEDAic AND NOTICE OFNONl.lABIUTY ... _ .. ___ ... _ ....... -.... ------~' J. ROCITALS----------------4.DEFOOTIQNS________________ , 5. '!ERM AND EARLY TERMINATION__________ > 6. STATEMENT Of PROJECT .......... ·--------.. ··-· .. ·-·· .............................. ____ .. J 7. MATCl!INO FUNDS ................................ ____ ......................................................................................................... J 8. GRANl'EE FJNANCIAl MANAOI!MEN'f .............................................................................................................................. 4 9.PAYMENTSTOGRAhi'EE .................... _____ ......................... ____ ................ ◄ 10.REPORTINOAND!, ·.1FlCATION____________ < ll GRANl'EEP.ECORDS ... -........... ------------< llCONFIDEJfflAL INFORW.TION•STATE. REroRDS '- ll CX>NFLIC'T Of lh'TEREST ........... -..... ___________ ------...... i 14. REPRESENTATIONS AND W ARRANflES ...................................................................................... ----.. 7 15.INSURANCE ............................................................................................................................................... ____ ... 8 16. DEFAULT•BREACH ............................................ ____ ..................................................... ----.. 9 17 REMEDIJ!S ................................... --------................................................... -.......................... 10 18.NOTICl!Sand REPRESENTAT!\/ES___________ _ ___ .............. 11 l9.GOVERNMENTALIMMUNI1Y------------------12 20.Ll!GALRESIDENT ..... -... -.... ·---------------------12 21. SOLE SOURCE GOVERNMENT CONTRACTS, AS DEFINl!D IN COLORADO CONSTmmON All.TICU! xxvm. ___ ..................................... ______ .. ____ ----................... 12 22. STATEWIDE CONTRACT MANAOEMEm' SYSTEM .................................................................................. -............. 13 23. GENERAL l'ROVISIONS .................................................................................................................................................... 13 24. COLORADO srECIAL PROVISIONS-·-----.................. _ .............................................. 16 25.SIGNATURl!PAGE __ ............. ___________ .................... ------18 EXHIBrr A-APl'UCABLELAWS .. -·------------------1 EXHIBrrB-STATEMENTOPPROJl?CT(SOP) ___________________ .. J EXHIBrrC-INCOME &RENTUMrl' ...... _ ... ____ _____ -------1 FORM I -AFFIDAVIT OF LEGAL RESIDENCY ................ ____ ....................................................................... ! Page I ofi8 Form Rcv,scd 051200'1 " T ·r C fl .., E II ·r l t. PARTIES THIS GRANT AGREEMENT ("Gran!") u cn!Cl'Cd mco by and between City of En~lewood ("Grantee"), and the STA TE OF COLORADO (the "State") 1e11ng by ond through the Colorado Departmr.nt of Local Affairs (the "Dciwtmenl") for the benefit of the Div1Sioo of Housing ("CDOH'') l. EFFECTIVE DA TE AND NOTICEOF NONLIABIL ITY This Grant shall not be effecuve or enforceable until approved and 1ian<d by the Colorado State Controller or authorized delegate ("Effective Datc'1, but shall be effective and enforceable thcrc4\e, m accordance with its provisions. The Dcpanmcnt shall not bc obligated lo pay or reimburse Grantee for any pt ~~rmance hereunder, including, but not limited to 00$ls or expenses mc11rred, or be bound by any provis,on of this Grant prior to (su cJrccud options bclow) A, Qptlon U The Effective Dale n. Qptlon ~ The Loter to occur of the Effedive Date or the date of I separalc lettu issued by the Department C'Releasc of Funds Leuc:r'') notifying Granite of the completion of a aatisfa.-Ory environmental rcv,cw and aut.bonzin g Grantee to obliaatc or use Grant Funds. C. Optlor• ~I ,Ila,.~ ',. 2009 for authoriz<d pre-contract costa, u defined in §4(F) below and §2.8 of .Elcltlbit n. Such <:<>Sta may be submitted f<>r n,imburscmcnl as ifineum:d after the Effoc:uve Datc. 3.RECITALS A. Authority, Appropriation, And Approval Authority for thiJ Grant anus from CRS §24-32-705. Authority wsta in the law and funds have been budgeted, appropriated and olhecwise m.adc available and a sufficient unenc1111bered balance thereof rcma.ins available for paymclll and the required appl'llval, clearance and coon!ination have been accomplished from and with appropriate agencies. B. Grantee Grantee" an eligible recipient ofGrant Funds made available by the Prognm, as defined below, and awarded by this GranL Orani.c is awatt o~ willing and able 10 comply with all provisions specific 10 the Program, us set forth in E~hibll A and to complete the Project descn'bed in Exhibit R C. Purpose and Department', Roi, The Deportment administer, (unds mad, available to the Dcparunent for the purpose of improv111g the foreclosure crisis in Colorado and m11:e available affordable housing opportunities for low and moderate- income families .. ◄. DEFlNlTIONS The following terms os used herein shall be construed and interpreted as follows: A, Effective Dale Effective Dote means the date this Gr•nl is eITcctlvc and enforceable in ac.,ordancc with §2 above. 8. El'hiblts and O t her Altachments Exhibit means the following are attached hereto and incorporated by reference herein: Exhibit A (Applicable Law), Exhibit 8 (Statement of Project), Exhibit C (Income & Rent Limit), and Fonn I (Afildavit or Legal Residency). C. Coods Goods means any pby,ical item produced or mllllufacturcd and acquired by Grantee ei:her separately or in conjunction with the Scrvicca rendered hereunder that arc required by the provisions hcrcot 0 . Cran! Fundt Grant Funds mcana the funds available for distribution by the Department 10 Grantee for use in connection with the Project, as set forth in the Recitals and Statement of Project sections hereof. E. Party or Partier Party or Parties muns one or both of the Dcparlrncn1 and Oran tee. Page 2 ofJ 8 • • • F. Pn•cnn1ract costs Prc-contnc: :os · ar< II>< ·osu meurred on or after the cLlte LI opc:1flcd m §l(C) ubnv< ,nd the EITecuve D•te of !Im Gr, 5uch cnr.ts sha ll bnve been detniled 1n Granttt ·s NSP graal npphca uon and a.• q,ee,fically outhom cd b)· lhe St1t< and lncorpora.tcd bcrcuuo E1hlblt B G. Program Program meam lhc federal Community Development Blook Grant, Ne,shborhnod Stabihzaoon l'rogram, which provides funding for th,s GranL B. Project Project means the Project described in the Rec,tol, and Exhib!I n. l. Project Budget Project Budget melJIS the Project Budget d=ribcd io Exhibit II. J. Services Services means mv1ccs performed or tangible material produced or delivcml in completing the Project and in pcrform1111tt ofGrtn1ec's other obligatioDI hcrcuodcr. J(. Tcrmlutlon Date Termination Date me•ns lhe date this Grant terminates IS described in §S(A) below. I.. Work Pro<lucl Work Product mca0S soflware, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, ffllll', materials, or worlt product of any type, including drafla, ptq>Sred by Grantee in completing the Project and in perfonno.nce of Grantee's olher obligations hereunder. S. TERM AND EARLY TERMINATION A. Initial Term-Work Commen cem ent The term of thiJ Grant shall commence on the Et:recUve Date and tenninatc oo March )0, 20B. , '••• tc,miiwed earlier u provided below. Grantee•, oblig1tion1 under thl! Grant shall be undertaken and performed ill the sequence and manner set forth m Exhibit B. Performanec of this Grant shall commence u soon IS praelieabloafter (st• checlced option below): I. 0 the Effcotivc Date; or ii. 1:8! the later to occur o: the Effective Da1e and the elate set forth in a R.clease of Fwids Letter B. Dtp•rtm•nt', Option 10 E,r,nd The DcparUDen~ ic its sole Jiscretion and upon wrinen notice to Grantee, may unilatcnUy extend the term of this Grant for a pdod of up to three months under the same: pro~isions as the original Grant ;r the Parl!cs are negotiating a replacement conlrllct (and nol merely aeekin& a term extcnsio11) at or near the end of any initial term or u Clltcnsion lbcreot This extension shall terminate al the earlier of either the end of the three month pcrio,J or when a replacement Grlllt ls signed by lhe Partics and approved by the State ConlJOller or 1ulhori""'1 dc$igoec. Any other extCD1ion of the term of this Gn.nt requires an amendment made in accordance with Ute Modification subscotion of the Gcnml Provi&iCJD.1 below. C. £orly 'rcrmluatlon This Grant,. l\lbjcct lo early tcrminatiou in accordance with the general remedies provisions of §17 below and u specifically otherwise provided for herein, 6. STA TEM.ENT OF PROJECT Grantee shall complele the Project and pcrfonn its other obligations u dcscn'bcd herein and in Exhibit B. G1'911tee shall prosecute its obligations bcrewidcr and in Exhibit D with due diliNcocc 10 oo mplction. The Dcpanmcnt, In itr sole dlscrction. but lo uccord11nce with hmitations imposed by lhe Office of the State Controller, may change budgemry Jines in the Projctl Budget aeetlon of E1hlbil IL The Department shall send uotk:c of such changes within 60 days in accordance with §18 below. 7. MATCHING FUNDS This scc1ion O shall, or shall nol 181 apply to this Grant If applicable. Pagel oft8 A Amount Granu:,: chill pra,•1dc matching funl · u pn,v,de<l III Exhibit B G:111lte< shall l'l!Jse tl1c full amount of m11ch1ns funds durmt; the tcnn of Llus Grant and shall rcJ'0'1 to the Depnrtma, 1 regarding !he status of such funds II requued 111 8rbibll JJ. B. Breau GrantJ:<'I failure to raise matching funds, to keep rte«ds, and/or to ~n ouy affect ns continued parU01pation in U1c Program under which thu Granl OJ,CflllC$. In addition. !he Department may 1i:muna1< this Gmll under the T crm1nation for Cause ,ubsccliDll of §17 below If the l>cpartmccl bu rcuonable evidence that Grantee will be unable to raise such m1tth1ng funds during the term hcrco( 8. GRANTEE FINANCIAL MANAGEMENT A. Accounts Grantee shall mainta.in properly segregated accounts of Grant funds, matching funds, and other funds associ&tcd with the Project and make those records available to the Department on rtqucsl All receipts ,,.i rxpcndilurcs associated with the Project shall be documented in • deta.lcd nnd 1pCCific manner, in . ,,-,.,.:.nee with the Project Budget set forth in Exhibit B. II. P,c1eel Dud&el Line Jtem Adjustmcnu Reg.at ting budaet lines within the Project Budge~ Grantee may: ,. C!;: not adjust individulll budget line amounu without approvlll of the D:partmcnt Such approv•I •.i:.U be In the fonn of: a) a notice issued by the Department in acoordance with §1 8 below; or b) M amendment in ncoordance with the Modification subsection of the General Provisions below. U, ;J adjust individual budget line amo\lllts without the Department's •pproval if: a) there arc no trnnsfcn1 to or bciwccn administrabon budgl't liocs; and h1 !he cumulative budgetary line item changes d<> not exceed the 1 .. scr of fifteen percent of the tol&I budgeted amount or lli.Q2Q. 9 'l'A YM:ENTS TO GRANTEE Gnnttc shal' he paid in the following amounts and manncn, subject to return of a.1y unexpended Grant Funds: A, M111mam Amount The mn,mum amaunt payabk under this Grant to Grantu by the Depanmcnt shall be Sl,2S3 379 00, u determined by the Department from available fuuds. The Department shall reimburse Grantee for oo!'U approffll m the Grant budge!, set forth in Exhibit B. Satisfactory pcrl'ormancc under !he h:nnS of this Gnnt shall be a conditioo prccedcnl to the Dcparuneul', obligation to reirobune Gnntoe, The maximum lmOOlll of Grant Funds payable u reimburacmcnt wider thia Gmn~ and any er tension hereof, ahall incllldt 1U Grantee's fees, costs and erpcnses. 8. Paym,nl AU payments are subJccl to the §I 7 below. L Method and Time Granlcc periodically shall submit invoices i:, the Department in the form and mnnncr set forth in Exltlblt D, and attach timcshccts, rcccipu and other requested documel\llltion in the form and manner approved by the DepartmcnL Grantee aball submit request for reimbursements/invoices within 30 days oner the md of the period for which payment is requested, 3Jld lin&I billings under this Oran! shall be received by the Department within 45 days ofter termination hcrco[ Untimely rtqucsta for payment may be acocpled at the ■olc discretion of the Department ii. Eloctronlc Funds Tron1for Payments shaU be made by one of the following methods: •) by mutunlly ngrceable method includlng in-person pickup, b) clectronlo fund• tronsfer(EFT) if Grantee prov ides written EFT instructions to Iha OcparUMnl on • fonn acceptable lo the Department, or c) via the U.S. Postal Service or other delivery serv,oe addressed as specified by Grantee in the rem111ance oddreas section of Exhibit 0, • • • Ui. Erroneoui P:tymenll, U11expendcd und Et"CP.J: FunclJ; Grantee shall refund p,vmcnt:; made by the Stnte 1n erro, for any reason, mclucmg, but no, hmlled to overpayments or unprnpci payments, w1th1n IS days of d1scovenng or rec.e1vmg nou~ of ,uch error. Any funds pa,d 10 Grantee hereunder not expended m conneotioa wiU ;, Gran! by th, tcnninalion date shall b, refunclcd by Grar, "' wnhin I 5 days of such date An) funds no, ~uired to complc!c Gnintec's obligations hercundor shall be de-obligated by the Slnte If Grantee reocivcs funds hereunder during any lisal year in excess of its spending hmit for sucli fiscal yw, Grantee shall refund all excess funds 10 the Siale within IS days of the l11er of of discovcnng or rcce1vu,g notice of such excess. Em>neous, unexpended, Ind excess funds reocivcd by Grantee under th11 Gnint shall not be refunded or paid lo any party other than the Stale. l", Available F und•-Co ntin£<ncy•Termin ntlo n The Department is prolnb,led by law from making 65QJ commitments beyond lhc term of lhe State's current fiscal year. The,cfore, Grantee's compcruation Is contingent upon the continuing availability of Stale approprilliont a, provided in §2 of the Colorado Special Provisions, set forth below. If federal funds ll1C used w11h this Grant tn whole or in part, !he Department's performance hereunder ii contingent upon the continuing availability of such funds. Payments pursuant to lhi& Gran! shall be made only from available funds encumbered for 1h11 Gnni and the Department'• liability for such payments shall be limited 10 the amount rcmoining of such encumbered funds. C. A ddllloul F11ndr Grantee shall provide any additional or m11cbing funds necessary lo perform its obligations in accordanoc with the budget in Exhibit B. D. R emedies If stat,: or federal funds arc not appropriaa:d, or otherwise become unavoilablc to fund this Grant, the State may immedial<:ly tmninaa: thc Gnni in whole or in pan without fur1lu:, liability in accordance with §I 7(B) bel ow. If additional fuods under §9(C) are unavtilable in whole or part. the Slate may, in ,ts sole discretion, ~ce its tow fundini: commitment hereunder in F •oertion lo lhe reduction in additiooal funds. If Granto, fails 10 rcfund paymcnll as sci forth in §9(B)\:u1 above, the Stale may ofuct the amount not rctwncd against any other unpaid funds the State owes Granluc: under any other grant, agreement, or obligation between thc Parties. 10. RE PORTING AND NOTIFICATION Rcpor1S and analyses rcquu~d undo, this scclJoft diall be made in accord.mcc wilh procedures and in cuch fo,m as prescribed by the Dcpnrtmen~ A, Performance, Pro:ress, Ptl'$0DDd, and Funds Grunlce ahall comply with all repo<1ing requirements set forth in Exhibit B. B. LIUiation Within IO days ancr beu,g served with any pleading related to this Gt1111 or !he Project, in a legal action filed with a court or admini:tratl\/e agency, Grantee shall notify the Dcpw-lmcnl of such action and deliver copies of auch plcadinga lo the Department's principal representative in accordanoc with §18 below. If a Depa,·tmcnt principal repres entative is not then serving, such notice and copies sh&ll be delivered Ill the Executive Director of the OcpartmcoL C. No 11com pliance Grantee's failure to provide rcporll and notify the Dcpartmcnl in • timely manner in accordance with Uu, scc1ion may resull in the delay or payment of funds and/or termination wxler §I 7 below. I I. GRANTEE RECORDS Orunlcc shall make, keep, mamllin and allow inspection and monitonng of the following records: A. Malnl en a nee Grantee shall mainllin : complete file of all records, documcntl, communicattonJ, notes aod other wnllen materials, electronic. media files, and communications, pertaining in any manner to the Project or the delivc,y of Services (including. but ool limilcd to the opcnttion of proa,ams) or Goods hereunder Gnintce shall mnintain such reconls (tho Record Retention Period) until the lul to occur of the following: l. • period of fu:i ycm after the date this Grant ii completed or lennu,Jted , or ii. finol payment 1s mide hereunder, whichever is later, or Page~ of IS iii. for such further period as ma) bo nete<Ul')' to n:solve any J=dmc matters, or iv. 1rllfl aud11 "occumn£,. or Grantee has received noucc th1t an audu upend.int then until suth audi1 has been completed and its finding, have been resolved 8. JnspccUoa Grantee alull permit the SU!te, the federal g,vcmmenl or any other duly authorized agent of a govcmm.ental agency to audit.. Inspect. exa mine, ex:eerpt, copy and/or trnnacribe Grantee's records related to this Gn.nt durin, the Records Retcnllon Period to assure comphance with the !emu hereof o, 1o evaluate Grantee's performance. The Department reserves the ns),1 to insp,,ct the ProJecl at all reasonable umcs and places dudng the term of this Grant, including any extension. The provis,ons §14(£), §16, and.'or fl 7 below shall apply tf proJcct performance docs not conform 10 Ollllt requirements. C. Monitoring Grantee aao shall permit the Slate, the fcderol gov=:enl or any othe, duly authorized agent of a aovcmmcolll agency, m the sole discretion of such go,cmmenlll agency, 1o monitor all activities oonductcd by Grantee pumiant to this Giant, using 1111:, reasonable pn,cc:dure, at the d,scretioo of such govcmmenl&I agency, including. but not limited to: internal evoluatioa procedures, examination of program dall, specw lil11•1SCS, co-site chcclang. and formal audit euminalioos. All such monitoring sh all b• perfonnod io a mamer which will not unduly interfon: witb 0111nlce'1 pcrformaocc horeuoda. D. Final AadJI Report If an mlit is performed oo Grutec 's records for any fiJtll year covering a portion of lhe tenn of this Grant, Grantee stall submit one copy oflhe final audit r'J'Orl to the Dcpartmenrs principal rcprcs,nt&tivc at the addreu specified in §18 below. 12. CONFIDENTIAL INFORMATJOl,-sTATE RECORDS Grantee acknowledgC> that it may become privy to confidential infonnation in connection with its performance be=des, including but not limited lo State r=rds, pcrsonr.cl :=ids, and information concerning individuals ("Confidential lnformatioo"). The following applies If Grantee l'wcives confidontial information: A. ConDdtntiallly Grant.. shall keep aU Coolidc:iual Information confidcntitl at all lime$ and comply wilb all Jaws and n,gulations concerning confidenti•lit) of infonnation 10 tl•c same extent appltcablc 10 lhe Dcpartmcnl Any request or demand for information in the posscssio : ;,f Grantee '.1111le by a third party shall be ronvaio:d =ediately to the Department's principal represmtstivc ,or resolution. B. NotlncatJon Grantee shall notify each or its agents, cmployCC$, ,'llb-pntees, aubcootraetors and assigns (each a "Related Party") whu may come ic1u conw:I with Confidential lnf01ID1tion that such party is 1ubjcc1 lo the confidentiality requirements sot forth herein, and shall provide each Related Party with a written explanation of such requirement, bcfott permitting such party to acc:est any information of the DcpartmciL C. u~., Security, and Retention Confidedl!al lnformat:ao of any kind shall not be distnbuted or sold II> any lhlrd party or usod by Grantee or a Rellted Party rn any way, cxccp• u authorized by !hill Grant and a appn,vcd by the Depa, bncoL Gronteeshall provide and tru1intain n se.;ur. environment that ensures confidentiality ofnll SU.le records and othes Confidential loformatioo wherever located. Confidential lnfonnatioo sh• 11 001 be retained in any files or otherwise by Gnintee or a Related Porty, except as ICl forth in Ibis Grant 111d approved by the Ocpartmcnl D . Dlsdor•r•-Ll•blUty Disclosure of State records or other Confidential Information by Oniotee or I Related Party for any reason may be cause for legal action against Grontcc or such Related Pariy by the State or third parties ond defense of my such action stall be Gnntcc', sole responsibility. E. fle•lth lnsurnnc• Portability & Accountability Act or 1996 ("HLPAA") 1nis section O stall, or shall not ~ apply to this GraoL federal llw ud regulations governing the p. 1vacy or certain health information requires • "Busincsa Associatt. COllttlCI" between th, Department an..: Grnntoc. 45 C.F.R. Section 164.504(c). Annched and incorporated herein by reference and agreed to by the Parties••• HIPAA Busincs, Associate Addendum for HlPAA COf'laioancc. Tcnns of the P1ae 6 ofl8 • • • AddcndUrD •hall be cnn.s,dcrrd bmdmg llj>OCl c>CCllllon of 11u, G111nt and shall :cm,,n m effect dum,, lh• 1am of llu• Grar~ mcludm£ ony CJCtCIISlon 13. l.ONFLICT OF INTEREST A. oennltion ano Appcnrnncr Gruntec: shill not cngasc in any business or personal aet1vit.ics or practices or me.1ntain any rch1tlon:h1ps whichconnict in any way w1lh lhc full performance ofGnmtcc's obli&ntion• hereunder. Gronlee aclu,owledgcs lhat with respect lo lhit Gran~ even the appcarance of a cannict of interest is hannf.d lo the Department·• inlercsta. Absent lhe Dcpartmenl •, pnor wntten approval, Orant:e ,hall refrain from >JY pricuccs, activities or relauonshipl which reasonably appear lO be in conflict w11h lhe full pcrfonnance or Grantee's obligations ID lhe Department hereunder. Grunll:e shall comply w11h lhc provia,onsoFCRS §18-8-308 and §24-18-101-109. n. SpcclHc Prohibitions Gran1.cc'1 and sub-grantee's respective officer&, employees, or agcnlS shall neil:her ,olicil nor occept gralUibcs, favora, or anything o[monelM}' value fmn Grantee's potential subwa.utees, or partieg b) ,ub- contraets Grantee's cmployCCl, officers, agents or any pcnnittcd sub-grantees shall not participate in lhe aelcotion. award, or administration of this Grant ot any rub-graru or sub-coouac~ if m actual or apparent coc•licl of intcn:st would occur. Such a coolbct would arise when any of lhe follow,nghas a financial or other iotereat ,o the finr sclceled for award: L an employee, officer, •Rcnl or board member; ii, any n.cmbcr of the employee'• immediate family; lil. an employee's partner; ~r iv. 111 organization, which =ploys. or it about lo employ, any or the aforementioned. C. Dctm111ll 1tlon by Deparbntnl • Dcfaull If Gnt,!cc is uncertain u to the existence of a caolliet of interest, Grantee &hall rubmil lo the Department a diicloaure statcmcnl senin11 forth the relcvanl detail, for the Department's consideration. Failure to prompUy aubrnil , Jisciosure statement nr lo follow the Department's direction in regard tn the apparcn1 conlliCI shall be considered a mBlcrial default of ll.ia Grant and grounds for termination under the Termination for Cause sub•eetion of §17 below. D. Code or Perfonnance Corantot, and sub-gnmtces and 1uboontr1CI0!1, if my, shall mllllwn a writt1:11 code of standJrds sovaning the pot[ormaotc of their rcspccttvc employees, agcn11, and eon1J11cton engaged in the award and 1dministr1ti~n of this Grant, or subcontract orsubgnint, ifar,y. Grantee shall provide a copy of such code to lhc Department within IO days of lhc Department's written request therefore. 14, REPRESENTATIONS AND WARRANTIES Th• Parties mah the foUowing ,pccific rep,...sentstions and wamntics ro each other, upon which each is relying in entering !OIQ this GranL A. Sl.lodard and Manner of Performllllee Grantee shall perform its obligations hereunder, tnc:udiog in accordance with the highest professional standard of care, skiU and diligence. Grantee shall perform its obligations hereunder in the sequence and manner set forth in Exhibit B. B. InspccUon ond Vcrifichllon The Department reserves the right lo inspect and moniror Gruntcc's performance hereunder a1 all n:uonahlc times and places to verify that Ibey canfotm to lhc requirements of Exhibit B. The provisions §14(£), §16, and/or §17 below shall apply ifGran1ce'1 pcrformonec docs not c:cr..!:rm ro Grant requimne,,t.. C. L<gal Authority-Grantee and Grantees Signatory G111ntee warrants that it poucsscs lite legal authority to enter into this Grant and has taken all actions required by ils procedures, by-laws, and/or applicable law, to exercise that outhori ty, and to lawfully authorize its under.:igned slg11alo1y lo execute th1' Grant and to bind Grantee to its term,. Tho peraon signinJ and executing th·• Grant oo bebalfof Grtnt= hereby rcprcscnlJ ond worronll ood guarll!lCCI lhat lhcy have full authorization lo do so . If rcqucs1cd by lhc Department, Grantee shAII provide the "•i< 7 of!8 Deparunent the baso, for GnnlOC's 1uthonty 10 entc, into I/us Gran! w1th1n IS days of rcet1vmg ouch rcquc.sL 0. Licenses, Permin1 Elc Gr.in tee reprc.scnts and warrants that IS of the Effeelivc Date it has, and th•t II all time, during the tenn hereof 11 will have, 11 its sole cxpcns,, all lieemc.s, eertiucauons, approval, 1asurance, permits, and other authorization required by law ID perform its obligalloos hereundu Add111on1Uy, •Ii employees of Grantu rerforminc 8erv1ces under this Gmnl shall hold the required licenses or certifications, If any, to perfonn their duties, Grantee, if I foreign corporation or other cnti1y tntnsacting business in the State of Colorado, further eertil",cs that It cum::nUy has obtsined and shall maintain any apphcable cerllficate or authority ID transact business in the State of Colorado and bu dcsisnau:d a rcgislerod agoot in Coloma 10 accc:pl service or process. Any revocation, withdrawal or non-r-.;new,1 of licenses. certifications, approvals, insw-ance. permits or any such similar requirements necessary for Grantee to properly perfonn th is Granl, shall be deemed lo be I default by Gran.lee and grounds for termination under Oran! §I 7(A) below. 8. Breach If the Grantee brcsche1 any of its reprcsentahoos or warranties, the Dcpllr!'l!Cllt may require Grantee IO promptly perform its obligations again in conformity with Grant rcquircn,.:nts, at no additional cos« ID the Deportmenl U such breaches cannot be, or arc not cured, the Departmcnl may, in addition to ao_y other remedies provided for in !his Grant, n,quire Gnaotec ID wee necessary action to = that fulurc performance coofonns IO the provuioos of this Orant; and equltJ.bly reduce lhe payment due to Grantee to rcf!cc , the reduced value of the Project. Any reduction, delay or denial of payment under this provision shall not constitute a brcacb of Grant or default by tbe DepmmenL 15. INSURANCE Grantee arid its 1ub-1l"'-'--s and subcontractor1 shall obtain and maintain insurance as specified in thll aection 11 all times during the of this Grant All policies evidencing the insurance coverages required hereunder shall be issued by insun.nce companies satisfactory lo Grantee and the Stale. A. Grant.t,e i. Public Entitles If Grantee is a "public entity' within the meaning or the Colorndo Govcmmcntal lmmunity Act, CRS §24-10..I O 1, et seq., IS amended (the Oovemmcntal Immunity Act"), then Grantee shall maintain 11 all hill\.. during ibc 1er:n of thiJ Grant such liability UISlltUCe, by commercial pohey or self, insuranc. u is necessary 10 meet it• liabilities under sucb Acl Gmntce shall thaw proof of such wurance satisfactory to the Department, if requested by the Department. Grantee shall require each gnnt or contraet wid1 a sub-g, 1tec or subcontractor which is a public entity, providing Ooods or Services in c :mncc:tioo •ith thll Oran~ ID include fbc insurer;,. rcquircmenUI necessuy 10 meet wb-granteea !!abilities under the Acl U. Non-Public Entities If Grantee is not • 'public entity' within the meaning of tho GovemmenW Immunity Act, Grantee ah.u obtain and maintain during the tam of Ibis Orant ins1nDCe covC111ge and policies meeting the same requirement& act forth in subsection B of thiJ section with reaped 10 oub-gnotecs and sub- conlnlclors which arc not •public entities", D. Sub-grantees and Sul,contrnctor, Grantee 1hall require each cootnct with a sub-grantee or subcontractor, other than th= that are public entities, providing Goods or Services ,n connection with this Grant ID include inslll'IIDCC requirement& substlllltially similar to the following: L Wo,·ker'r Compensetinn Worker's Con1pena,•ion lllSllt'lnCe as required by St.ate st.awte, and Empl~yer•s Llability Insurance covering all of aub-,;ran tee or subcontractor employees acting within lhe coun.e ind acope of theiI employmenL Ii. General Llobllll)' Commen:iel Ocncral Liability lnsu:-aoce written on ISO oe<:111Tern1e ronn CG 00 01 l 0/!13 or equivalcn~ covcnng premises opc,11ions, fire damage, independent eootractors, produois and Pago s or lo • comple ted operations, bl anket contractual liabihty. personal inJllf)', nnd advc:n.1sing liab ih tY with minimum li mits as follows : n) S 1,000,000 each occurrence; b) SI ,000,000 general aggregate ; c) Sl.000,000 p1odu cts and co mpleted ope.rations aggreg ate , and d) $50,000 any one fire. IJany oggrc gntc limit is reduced below $1 ,000,000 becaw:e of claims mad t or paid, sub •grnntcc or •• ~contractor shall immediat ely obtain additional in su ran ce lo restore !he full oggresate limit and fom :sh to Granlce • cer lifi ca tc or olher document satisfa ctory to Grantee showing compliance with this provision. iii. Automoblle Liability Automobile Liability ln.surance cover in g any auto (including owned, hired and non.owned autos) with a minimum limit of SI ,000,000 each ac<;ident combined sin gle limit. iv. Additional Insured Grantee and the State shall be named as additio~al insured on the Comme rcial General Liability and Automobile Liobility l11surance policies (l"ases and constructio n contracts require additional insured coverage for completed operations on endorsements CG 2010 I 1/85, CG 2037, or equivalent), v. Primacy of Corerage Coverage requirod of the sub• grantee or subconll'aclor shall be primary over any insurance or self - insurance program carried by Grantee or the Slate. vi. Cancellation Tbe above insurance policies shall include prov is ions preventing cancelktion or non-renewal without at le.nsl 4S dJlys prior notice to tho Grantee and the Stale by certified mail. vii. Subrogation Waiver All insurance policies in any way related to the Grant and secured and maintained by Grantee's sub-grantees or subcontractors as requ ired herein shall include clauses stating that each carrier sha ll waive all rights of recovery, under subrogation or otherwise, against Grantee or lhe State, its agencies, institutions , organizations, officers, agent!, employees , and volunteers. C. Certificates Each of Grantee's subcontractors and subgrantees shal! provide certificates showing ins uran ce coverage re1uired hereunder lo Gran tee wilhin seven bu.smess days of the Effective Date, but in no event Inter than the commencement of the Services or delivery of the Goods under the subco ntract or subgnmt. No later than IS days prur lo the expiration date of any such covera~e, e.ncb subcontractor or subgrantee shall deliver to Grantee certificates of insurance evidencing renewals thereof upon request by the Dopartmcnl or al any other time during tlte tenn of a subcontrac t or subgrnntee, Grantee may requesl in writing, and lhe subcontractor or subgranlcc shall thereupon within IO dJlys supply to Grantee, evidence satisfactory to Grantee and lhe Department of compliance with the provisions of this section. 16. DEFAULT-BREACH A. Defined In addition to any breaches or defaults specified in oUtcr sections oflhis Grant, including, bul not limi ted to the Colorado Special Provisions below, the failure of either Party to pcrfonn any of its material obligations hereunder in whole or in port or in a timely or satis fa ctory rnanocr, constitutes n default or b~Mh. The institution of proceedings under any bankruptcy, insolvency, reoiga.nizntion or similar lcgislolion, by or agnins1 Grantee, or lhe appointment of a reoeiver or similar officer for Gra ntee or ony of its property, which is nol vacated or folly slByc d within 20 days after the institution or occurrcnco thereof, shall also constitute , defaulL B. Notlcr 01 ,d Cure Period lo the event of a default or breach , notice of such shall be given in writing by the aggrieved Party to the other Party in the meMer provided in §18 below . lf such def,ull or breach is not cured within 30 dnys of re ceip t or written noti ce or , if • cure cannot be completed within 30 days, cu~ of the dcfoull or I-1'h has not begun within soid period and pursued with due diligence, the ag grieved P,rty may termin ate ln tS Gran! by prov id in g written notice thereof, as provided for in §1 ~ ~e low , specifying the cffeclive da le of Pag e q of! 8 th• tc..•,·nat1oc No:wnhstanding anything lO the coollll)' hcrtm, U,r Ocpanmen~ 1r. 1ts sole discretion, need no. provide advance noucc or ■ cure period and may 1mmedJa.t.ely :cnnm.atc this Gran1 m whole or u:. pan 1 ~ rcuonnbly nece11sary to prc,crv-: pubhc nfety or to prt'vcnl immediate public. critis 17. R.EMEDIE., If Gr.a,tcc ii ,n default or breach under Ill)' provision of 1111, Gnu~ the !ftpartmcnt shaU have all of <h• remedies listed in thJS section m addition to all other remedies set forth in other sections of tlus Grant Tne Department moy exercise any ~r all of the remedies availnble to it, ,n 11.< sole d1scrcti on, concurrently er conaccutively. A, TumlnaUon for Cause and/or Defnll U Gr,aot<e fails to perfonn any of ,u obligations hercundcr with such diligence as is required to cmurc its completion In aceordru,ce with the provisions of this Grant and in a timely ma.nncr, tho Department may notify Grnntce of such non-perfonnancc in aeeordJinee with U1e §l 6 above and §18 below. [f Grantee thcreafta wls 10 prompdy cun: such non-pcrfonnanee wilhin the cure period. the ucpartment. at it> option. may lcmtinale thi• entire Gnllll or such pll1 of this Omit u to which there bas been delay or a failure to properly perfonn. Exercise by the Department of this right shall not be deemed a breach of its obligatioN hereunder. Omntcc shall continue perfonnance of this Oronl to the extent net lem1iDated, if any. L Obllcations and Right. To the extent specified in the tennination notice, Grantee shall not incur further obligations or render tbrthcr performance hCJ eunder put the effective date of such notice, and ah all also term inate ouutanding ordcn and subcontracts with third parties. However, Gr111tce shall complete and deliver to the Department all Services and Goods not caneclled by the tc..'1Dinati011 notice and may incur obligations as are ncccawy to do 10 within the Gmnl terms In the sole diacretion of the Department, Orontee shall usign to tho Department all of Grantee's right, tide, and interest under ,ucb tcnninatcd orders or subcontracts. UJ)Oll ='•ation, Gr111ter shaU take timely, =enable and necessary action to pMtocl and preserve pn.,. . in the possess,,; ~r Onotce in wbicb Ibo Department has an in~..st All materials owned by the Department 1n the possess100 of Gl'llltee sholl be ,mmediately retu·ned to the Department All Work Product, at the option of the Department, shal1 be de~v,. ,:d by Gr.nice to the Department and shall become the Department's property ii. Paymtntt The Department shall pa, ,ronlee only for accepted perfonnaoce received up 10 the date of termination. If, aflcr tc=inatioo by the Department, it i, determined that Granlee was not in default or that Orant;,c's action or inaction was cxcw.ab,,, such termination shall be treated II a IC11111nation in th~ p 1blie interest and lhe riaJ,ls and ol,ligations of the Parties shall be the same u if lhi1 Grant had been tcrminnted in th• public inlcn:st, u described in §17 (BJ below. iii. D•m•ecs aod WIUl11olding NO!w11hstanding any other ~edial action by d,c Dcpaitment, Grantee also shaU remain liable to lhe Department for any damages susuined by the Dcparuncnt by virtue of any deliult under thla aeotion by Grantee ond the Department may withhold any payment to Onmtce for die purpose of mitigahng the Dcpnrtmenl'1 damages, until such time as the exact amount of damages due to the Oq,artmont from Grantee is dCICmiined. flurthcr, the Dcpartmenl may witbb<>ld amoun:S due to Grantee as the Department deems occcssary to protect the Dcp.crtmcol against loss became of outstanding liens or claim, of Conner lien holdora and to reimburse the Department for the e•ccss coslJ incurred in procuring similar gooda or se1vices Ontntee sbull be liable for excess costs incurred by the Deportment in procuring &om third par.ties replacement Servicca or aubstitutc Goods u cover. Jl. Euly TtrmlnaUon for lite Public Interest The D~i,ortmenl is entering into lhia Grant for lh e purpose of carrying out the pub'ic policy of the State of Colorado, u detcnnincd by i•s Gove-nor, General Auembly, and Courts. [f this Gnni CCUC$ to further the pablic pobcy or the Stale, the Deportment, in ill 10le dactctiou, may tennmale th11 Gr.ant in whole or m part. Exercise by the Dcpartmert o 1•.is right shall not be deemed• breach of the Dcpnrtmcnt'a Pai:e 10 of18 • • • oo,1g11ioru hereunder This subsccuon shall no! apply 10 • tenninauon of !his Grant hy the Department fo, cause or default b, Grantee, wluch shill be ~ovcmcd by §J 7{A) above I. Method and Conltol The Depanmcnt shall not,fy Gr&11lt< of the termmation m accordanccwtlh §16 above and §18 below apec,fying the elTceuve dale of the lcinination and whether n affcc,. all or a poruon of this Gtanl ii. Obligations and RJeh11 Upon r<ce1pt of a tcmunatioo noucc. Grontec shall be subject to and comply with §17(A)(I) obovc. iii. Payments If this Grant is 1erm1naled by lhe Department in furtherance of the public intcresl of the Slfte of Colorado, Grantee wll be paid for satisfactory perfo= up to the date or tcrmiMtion less payments previously made. C. Remedies Not Involving TcrmlnaUon The Departmen~ ill sole dilcrction, may m:tt:ise one or more or the follo wing remedies in addition to othot remedies available to lhe Department: L Susp end Performance Suspend Ornnlee's performance with re~t to all or any portion ofllus Grant p:ndina necessary corrcotive actlon as specified by lhe Department without entitling Gn.ntoe to 1111 adjustment in price/cost or performance scbedulc. Grantee shall promptly =se perfonnance and incurring coats in accordance with the Department's directive and the Department shall not be liable forco911 inou.rred by Grll!ltee oller the suspension of perfonnaoce under this provision, U. Withhold Payment Withhold µayment lo Onnlec llnlil corrections in services are satl,factorlly completed ond /or llCcept:ble Koodl arc provided. IU. Dtny r•aymonl Deny paymenl for those Services nOI pctfonned and/or Goods not provided and which due to "~um1tances caused by the Oranlu cannot be p,,rformcd or provided or, if performed or provide.:, would be of no value to the Department; ptoYided, that any denial of paymcru m111t be reasonably rcl11ea ,. the valuc of work, performance or Goods loo lo the Department iv. Rcmov•I Demand removal of any of Granite's employees, agents, o· subcontmtors whom the Department deenu incompctcn, careless, insubordinate, WISllimblc, or otherwise Ullllcceplfble, or whose continued relatioa to this Onnt is deemed to be contrary to the public in1cres1 or not in the Depanment's belt itm:iat. Rcplacomcnt of any key pCl10nnel bcmmdcr sball be done in acccrdance with the relevanl provisiona of Exhibit B. 18. NOTICES and REPR!:S£NTATIVES Each individual identified below is the principal rep=lalives of the designating Party. All notices required to be given hereunder shall be haod delivered with RCCipt required or scot by certified or regiJtered mail to such Party's principal repn. 'Oltative 11 the address set forth below. In addition to, but not in lieu o( bard-copy notice, notice also may be amt by ••mail to the c-m>il addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addn:sses or persons to whom such notices shall be sent. Unless otherwise provided he,cin, all notices ,hall be effective upon receipt A. Department: R. Granlee: Pat Coyle, Director Colo11dn n "l"'rtmcnl ofLoail Affairs 1 l I' awn Slrect, Room 5 I 8 Den,.., CO 80203 Email: PnLCoyli:@otate.oo.us Jall\CI K. Woodward, Mayor City ofEnglewoud I 000 Englewood Parkwn y Englewood, CO 80110 JO, GOVERNMENTAL IM 1UNIT) Notwith!.tanding any other provision to the contrary, nothing herein sh all consutute a waiver, express or implicd 1 of any of the immunities , n~hts, benefits, protect ion , or other provisions of the Colorado Governmental Immunity Ac~ §CRS 24-10-101, cl seq., as amended. Liabllity for claims for 1njur,e$ to persons or property arising from the negligen ce of the State of Colorado, its departmcnts 1 institutions, agencies, boards , officials. and employee:; ,s controlled and limited by the provisions of the Go•emmenla l Immunity Acl and the risk management slatutcs . CRS §24-30-1S01, et seq .. as amended . 20. LEGAL RESIDENT Th.is sect i ·,n 181 shall, or shall not D apply to th is Granl Grantee must confinn thal any individual natural person eighteen years of age or older is lawfully present in the United States pursuwtt to CRS §24-76 .5-101 el seq. when such indiv idual npplie.< for public bcnc!its provided under this Grant by n:quiring the following: A. Id entifi catio n: The applicant shall produce one of the following personal identifications: i. A valid Colorado drivers licen se or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.; or ii, A United States military card or a military dcpendenr, idontification card; or iii. A United Stales Coast Guard Merchant Mariner card; or iv. A Native American lribol doeumcnL B. Affidavit The applicant shall execute an affidavit herein attached as Form 1, AffidavitofLegal Re sidency, stating: l. That they are United States citizen or legal penmancnl iuident; or ii. Thal they arc otherwise lawfully present in the Unite6 States pursuant to federal law , 21. SOLE SOtmCE GOVERNMENT CONTRACTS, AS DEFINED IN COLORADO CONST ITUTION ARTICLE xxvm. This section D shall, or shall not 181 apply to this GranL This provision applies only to sole source government contracts and docs nol apply lo contract between governmental entities or any contract which wed a public and competitive bidding pro cess in which the State agency or institution of higher education solici ted at lea~t three bids prior to awarding the contract. Contractor certifies, warrants, and agrees that it has complied and will comply wi th Colo rado Const iMion Article XXVIII, including bui not neccssnrily limited to the following prohibitions nod obligations: A. If during the tenn of the co ntract. contractor bolds sole source government contracts with the State of Colorado and any of ita political subdivisions cumulatively totaling more thi!ll $100,000 in a calendar year, then for the duration of this contract and for two years after, contrac tor will not make, cause to be made, or induce by any means a contribution, directly or indirectly, on behalf of contrac tor or conlnlctor's immed ia te fami ly member{,) for the benefit of any political party or for lbe benc!it of any candidate any elected office of the State or any of its political subdivisions; and B. Contractor represent., that contractor has not previously made or caused to be made, and will not in the future make or cause to be n,ade, any contribution imended to promote or influence the resu lt of a ballot issue election related to th e subject matter of this con tra ct, and C. Contractor will satisfy contractor's obligations to promptly report to the Colorado Department of Penonncl & Adminislrat iln infonnatioa in cl uded in the Go vernment Contract Summary and the Conlnlct Holder 111fonnotion, :.,;arding this contract and any other sole source government contracts to which conlnlclor is a party ; and D. Contractor understands that any breach of this section or of Conb·actor'a responsibilities under Co lorado Co nstitution Article XXVID may result in either contractual or constitutionally ma ndated penalties and remedies; 11.nd F. A Contractor that inlentionolly violates Colorado Constitution Article XXVIII, Section l5 or 17{2), shall be ineligible to ho ld any sole source government contract, or public employment with the state or any of its poli tica l subdiv isions for three years; and F. By execution of this contract, Contractor hereby confimis it is qualified an d eligible under su ch provisions to enler in to this contrl!ct. Page 12 of 18 • • f , purpo,es of !his clau.,e, the tcnn "contractor" shall include pers<>ns ~>,at control ten percent nr more slu= or in1ercs1 in c.ontractor, as well as contractor's officcra, d1recto~, and trust=:cs The term ''1mmcdi1tc f.amily memb<r" ,hall mcludc • spouse, child, ,pou><'s oh,ld, ,nn•in-law, daughtcr•m•lnw, parent, sibling, cr•ndpnrcnt, grandchild, stepbrother, stepsister, stepparent, parcnt•m•law, bmlhcr•in•law, s1!ilCr•10•law, aunt., niece, nephew, guardian, or domestic partner. 22, STATEWIDE CONTRACT MANAGEMENT SYSTEM {Tlils stet/on shall apply when the Efloc11w, Daro Is on or afior July I, 2009 and thr maximum amount poyablt 10 Granlec hertundu u SJ00,000 or higher) By entering u,to this Grnnt, the GMntee agrees 10 be governed, and to abide, by the provisions of CRS §24• I 02· 205, §24-102-206, §24-103-601, §14-103.S-101 and §24-105-102 concerning the moniloringofvcndor performance on state contrllets and inclu:ion of conlrlct perfom,ance infonnllion ic I statewide contract management sysu:m. The Grantee's performance shall be evaluated in accordance with the tcnns and conditioos of this Gnn~ State l&w, including CRS §24-103.S-101, and Stale FIICII Rules, Policies and Guidance. Bvaluation of the Grantee'• performance shall be part of tl:e normal contnct a.lministntion process and the Gnntce'1 pcrformaocc will be systematically recorded in the statewide Contract Management System. A1US of review 1hall include, but ,h!II not be limited to quality, coot and tlmeline11. Collecnon of information relevant to the performance of Gnntee's obligation, under Iha Grant shall be detcnnined by the specific req,,ircmcnts of such obligations and shall lnolude factors tailored to match the requirements of the Statement of Project of thls Onnl Such performance Information shall be entered into the statewide Contract Management System at intervalJ established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Grant term The Grantee shall be notified following each performance and shall address or corroct any identified problem in a timely !JllllQCI' and maintain work proiJ'eSI. Should lhe final pc:fomumce evaluation determine that lhe Grantee demonstrated I aross failure to meet the pcrfomw,cc mwurcs established under the St&tcment of Prajec~ the Executive D11cctor of the Colorado Department of Personnel and Administration (Exccutivt Du,:c:tor), upon request by the DOI.A, and 1bowU1l) of good cause, may debar the Gnntcc and prohibit the Grantee from bidding on l'llture contracts. The Grantee may contest the final evaluation and ~suit by (i) fillng rebuttal statcmaJ,., which mey result in either mnoval or correction of the evaluation (CRS §24-IOS-102(6)); or (ii) under CRS §24-105-102(6), exercising the debanncnl prolCl1 and appeal rights provided in CRS §§24-109-106, 107,201 or 202, which may result Ill the reversal of the debarment and reinstatement of the Grantee, by the Executive Director, upon showing of good cause. 23. GENERAL PROVISIONS A. Anlgnmcnl Bxcept as otborwise specifically provided in Eihlhh B, Grantee's rights und obligations ltercw,dcr arc pcnonal and may not be transferred, naslgned or subcontracted, withoul the prior, written consent of the State. Any attempt at ossignment, trunsrc: subcontracting with~ut such consent shall be void. All a.,aignmcnl!', subcontrncts/subcootrocton approved by Grantee or the Stale shall be subject lo the provisions bcrco( Gruntec shall be solely n:!!>(lNible for all aspetls of subcontracting amngcments and pc:fomuocc. n. Binding E!Tecl Unlcu othciwist proV1dcd herein, all provisiON herein contained, including the benefits 111d burdens, ahall cst<:nd lo and be bindins upon tho Parties' n:spcctive heirs, legal 1eprcsco111ivcs, sue<:esaors, and wigns, C. CapUoru The captions and bcadinss in this Agreement ore for convenience o' .•ce only, nnd 1hall nol be used 10 inlClpre, define, or limit it , provision&, D, Cou111crpal'ts This Agreement may be executed in multiple identical original cou1,te1>n1 .... . which shall cnnstilule one agreement. E. Entlr, Understanding Thtr Agreement represents the complete integrallon of nil understandings be:wecn the Parties and all prior reprnentahons and undcrst1nd1ng1, orill or written 1 art merged herein. Prior or conlcmporancous Paa, 13 ofl8 add1lion. deletion, or other amendment herc1 0 shall not ha\'c any force or 1ffoc1 wlutsocvcr, unless embodied hercin. F. l ndtmnlflcalioo i. tnLcrgovernmen1al G~nu If th1• is an intergovemmcnlal Grant, the provi11ons hereof shall not he construed or interpreted as a waiver , express or Implied, of any of the immunities , rights, bcncfill, protection, or nthcr prnvisions, of tho Colorodo Govemmcnlll Immunity Act, CRS §24-10-101 et seq., or the Fcdcrai Tort Claims Ac~ 28 U.S C Ui71 et seq., as appucablc, as now or hcn:aftcr amended ii. Non•fntergovcrnmenl■I Cn.nta Grantee shall rndcmnrfy, ave, and hold lwmlcsa the Stale, its employee, and agents, •£&inst any and all clauns, damagca, lirrhilily and court awards ineluding costs, cxpcoses, and attorney feea and related costs, incu1Tcd as a result of any aol or omission by Grantee, or iu employees, agents, subcontractors, or assignees pursuant to the t~nns of U1is GranL G. Junsotctloo and Venue All sui1&, actions, or proceedings rt!.Jt,d lo this Agreement shall be held In the State of Colorado and the Parties bcrby •~ that venue shall be proper in the City .. d County of Denver H. List of Selected Appllcable L,,is Grantee at all times during the penOlllllllcc of u,,. Gnint shall comply with aD applicable Fedenil lllld St1.le laws and their iroplementlng regulations, currcnUy in existence and as hercaller amended, inoluding without limitation those set forth on Exhibit A, Appllcable Laws, attaohed hereto, which laws and regulations are incorporated herein and made part hereof. Grantee also shall require compliance with sucb law, and regulations by RU!J.contrlcio11 under sub-contracts permitted by thl1 GrLllL L Modlflcadoa l Cy the Parties Except u specifically provided in tins Agre..-ment, modifications of tlw Agreemen1 shall not be c!fcctive unless agreed to in writing by both parucs lll an amendment lo thi, Agreement, properly exeouted and approved in accordance with Colorado State lnw nnd Stale Fiscal Rules. il. By Operation of Law This Agrc,:ment i., subjec1 LO such modifications as ,nay be required by cbaages in Federal or Colonido State law, or their implcmr:nung regulations. Any such required modification automatically shall be incorpoiat..i into and be part of this Agro:ment on the effective datc of such change, as if fully set follb h=m. J. Order of Precodence The provisions of thi.t Agreemen t shall govern the relationship of the ~llll e and Grantee. In U1e rvcnl of conaicts or inconsistencies belween lhi, Agreement nnd Its exhib its a!!d nttachrncnts , such conllie" or inconsistencies shall be resolved by rcferonce to the documents in the foll<'"Ning order of priority: L §24, Colorado Special Provisions ii. §§1-23 uf this Grant Agreement iii. Ex hibit A, Applicable Law, iv. E xhibit B, Statement of Project IC. Seve1·oblllty Provided this Agreement can bo executed and pcrfo1m1111ce of the obligatio111 of the Parties accomplished within its intent, the provisions heroof are seveniblc and any provision that II declared invalid or becomes inoperable for any reason 1hall •.U1 affect the validity of any other provi.tion hereof: L ~umval or Certain Agreement Term, Notwllhstandmg anything herein to the contnry, prov.sions of !hi., Agreement requ.uing contrnued perforn,nncc, compliance, or effeot 1f\cr tcnnination hereof, shaU aurvive 1Ueh termination and shall be enforceable by the Sme If Oranlee falls to perform or comply ns required. M. T hird !'arty Dcnefi clarles Enforcement of this Agreement and all rights and obhgauom hereunder are roscnoed solely to tbt Pnr,1cs, and not tc, any third pany. Any servlcea or benefits which third parucs reco!veu a result oi thu Agreement arc incid<.ntal to the Acrcemen~ and do not cn,ate any righll for such third parties Page 14 or IS • • • N. Waiver Waiver of any brcacl of• lerm, prov1S1on, or requirement oflhis Agreement or ant nght or remedy hereunder, whether explicilly or by laolc or cnforccmcn~ shall nol be con&trucd or deemed as a waiver or any subsequent breach or such tcnn, provision or requirement1 or of any other term. provision, or requircmcnL THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK Paa• IS ort8 24, COLORADO SPECIAL PRO\l SIONS These Spec,&! Prov11ions apply to oil State contnicts cm:J1l whet, noted m ,1alrc:r. A. 1. CONTROLLill'S APPROVAL CRS §24-30-202 (I). Th,. Grant ,hall not be deemed valid un:il II hu bc:cn approved l>y !he Colorado Stair Con1rollcr or des,gnee . B. 2. FUl"ID A \IAILABILITY. C RS §24-30-202(5.5). Financ1&! oblipt1ons of the State payable afla the cum:nt rucal ~ are contingent upon funds for that pt11p0Ct being 1ppropriated, budget.d, and otherwise made ovrilable. C. J. GOVERNMENTAL IMMUNITY. No lalll or condttion of this Grant sh,JI be con.trued or in!ap elOd aa a WllYer, express or impbed, of any of the unrnun.ities , rights, benefits, protections, or other prov1S1on,, ,t the Co lorado Oovernmen141 laununity Aet,CRS §24-10-101 et ffi!, or the Federal Ton Claims Act, 2ll U,S.C. §§ll4{,(b) and 267 1 d • ,q., 1s applicable now or berea!ter amended. D. 4. l'.NDEPENOE.NT CONTRACTOR. Grantoe shall perform its dutie; hereunder u an indcpendc:nl contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be « sh,JI be deemed to be an agent or employee of the 1111c. Grantee shall pay when due aU required employment taxes and income tue1 and locsl head tuca on my mooie.s paid by the state pumiant to this Gr&lll. Grantee acla,o,1Jedges that Gnantee and its employees are not entitled to unemployment insurance benefits unless Grantoc or a thltd party provides such COYt:t&e and that the state docs not p•y for or otherwise provide such covorago. Grantee 1haU have no atn!torizal, n, expr= or implied, to bind the state to any agr=cnt, liobility or undmtanding. except as expressly aot fo rth herein. Ornntee ihall provide and keep in force worken' compcniation (and provide proof of such insurance when requcrud by the ,11te) and unemployment compensation insurance in the amounts requirrd by law and shall be solely rcspotWole for iu acts md lbosc of iu employees and agents . .I!. 5. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable fede:al all'! Sta•e lawa, rules, and reau!atiom in effect or b,:reafu:r establisho<I. including, without luniution, laws applicable to Ji•crmunati!III llld unf111r employment practices. F. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuaut tbmto, sh:ill be applied in the interpretation, execution, and cnfo1-cement of U,is GranL Any provision included or incorporated herein by relcn:n.:e which conlbcts with S41d laws. rules, and regubbons shall be null and void. Any prov111on incorporated hen:in by 1<fcrcnce whi ch purports to neaate this or any other Special Provision in whole or in part shall not be vslid or enforceabl e or ••~:!able in any , ·Uon at law, whether by way of complaint, defense, or olhen,ise. Any provisioo rendered null and vow! by the openlion of this provision shall nol invs!idate the n:moioder of thil IJnint, to the extent copable of execution. G. 7. BINDING ARBITRATION PR OflllllTED. The Stale of Colorado docs not agree b binding ubitratioo by any extr1-judici•J body ur per100. Any provision to the ccntrnry in this Grant or incorporated herein by reference sha ll be null and void H. 8. SOFTWARE PIRACY PROHIBITION. Governor', Exoc11tlve Order 'D 002 00. Slllte or other public funds pa)'llble under !hil Grant shaU not be used for the acquisition, openition, or maintenance of computer software in vlolution of federal copyright lows or applicable licensing restrictions. Gnntec hcrcby certifies and warnnts Iha~ du1lng the te'lll of thu Grant and any cilensior.s, Grantee has and 1hal! mainlllin in place appropriate syster,s and con!rols to prevCDI such unpropcr use .,r public funds. If the State detcrnrines that Gra ntee iJ in ·, · .. ,lion ~f thl1 proviai on, the State may exe rcise any n:medy available 11 law or in equity or under this Gna• • including. without limit.lion, immediate termination of tbu Grant and any remedy eonsiJtent with '·, •rat copyright laws or applicoble licensing restrielions. Pag< 16 oflS I 9, El\H'LOYEE rINANCIAI INTERESTICOl'-f"LICT 01' INTEREST CRS §§2 4-18-201 and 2◄· so-so;. Th< s1tnatones aver that to their knowledge, no employee of the State bu any pen;onal or benefic1al interest whnlsoevcr 1n the mvke or property descnbed in th,s Grnnl. Grantee ho, no intcn:AI and shall not 11 cquirc any 1nlrrcsl, d1rce1 nt md1reet, that would conf1;cl in any manner or degree with the performance of Grantee's service~ and Grantee .st..all not ;mploy nny person hnvins such known 1rh:rcsts. J . 10. VENDOR OFFSET. CRS §§14-30-202 (11 nnd 24-30-202.4. {Nor App/icu/,/e to intorgovcrnmen ral agrt:emturtsj · SubJccl to CRS §24-30-202 ◄ (3.5), the State ControUer may withhold payme111 undc.; lhc Su,te's vendor offset U1lcrccpl system for dcbta owed lo StJ.e agencies for (a) unpaid child 1uppon dcbl.s or child support mearages; {b) unpaid balan= of Ill, accrued inlcres~ or other chartea spcci6od in CRS §39-21- 101, el seq.; (c) unpajd loans due to lhe Student Loon D1vi<ion of the Dcpanmcnl of Higbor Education; (d) amounts 1equired to be paid lo the Unemployment Compensation Fund; ud (e) othor unpaid debts owing to the State u a result of final aicncy dclcn:lination or judicial action. X 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. {Not Applicable to 11grUJne11LS rdating to cht! offer, issuance., 01 sale of stcurit:J'4, uz .. esma1:11t advisory senlccs or fund m.41'1.agtmtnl ,uvices, sponsor~d prujects, lnttrrolltl'nme,,,t,J agn~ments, or information t echn oloo s6rvices or produas tt11d servic ,s] Grantee certifies, warrants, and agmca tha! ii docs nol knowmgly s'llploy or contract with an Wr.gal alien who will perform work under lhi1 Onu,l and will confirm the employmeol eligibility of aU empluyecs who arc newly hued for rmploymcnt m the United Stales to perfonn work under this Grant. through participation in the B-Verify Progn or the Department program esu,blisbed punw.nt to CRS ~S-17 .5- l 02(5Xc), Grantee shall not lcnowine,J employ or cootr11Cl with an illegal alion to perform work Ul)dcr 1hi!.Qrull or enter into a cootr1C1 wtlh a subcontractor tbsl fails to certify lo Gnntce that the subcontractor shall uot knowingly employ or contract with an illegal alien lo pcrfoan "'911< undtt thjs s:i!!!l!-Grantee {a) shall not use B-Verify Program or Oq;artnent program procedure. to undertake pre- employment scr-..ening of job applicants while this Grant is being pcrfo:mecl, (b) sbaU OOllfy the subcotr.ractor and lhc contrutin1 Stat< aacncy within tluee da·JS if Grantee has actual lcn'>wlcdge th,t a 1ubcontnc1or is employing or eontr1Clirlg with an illegal alien f,,, woi. undc: thiJ Gnu,~ (c) shall tc:minate the sub.:onlrlct if a 1ubcontr1Ctor do:$ ool stop employing or contracting with the illegal alien within :lucc days of rcccivina lb, noucc, and (d) shall co:nply w,th n:asonable requests made in lbe course of an investigation, undertaken pur1uant lo CRS §S-17 .S-102(5), by the Colorado Departr 'lnl of Labo, and Employment. If Gnintcc partioipales in the Dep:irtmenl program, Omntce shaU dclivc. ,o the contracting State ugenoy, iruilitubon of higher educotioo or political subdivision• wrillco, ootariu:d affinnation, affinning that Gnintcc h11 examined the legal work status of such employee, nnd compl7 with all of the other n:quircments of the Department program. If Grantee foil, t o comply with nny rc~uirc:n enl cf this provi,ion or CRS §8-17.5-101 el seq., the contracting Stale agency. institution of blghor education or political aubdivision may tcrmioale this Gnni for breach t nd. if so terminated, Grantee shall be liable for damages. I.. 12. PUBLIC COl"TRACTS Wl1'B NATURAL PERSONS. CRS §24-76S-10 1. Onntee, if a ll!ltunl pcnon n'lhleal (18) yem of age or older, bacby swean ond a.Clinna under penalty of perjury tblll be or sh: (a) is a citiu:n or othrrwisc lawfully pn:scnl in the United Sillies pumant to federal law. {b) shall comply wilb the provisiOlll ofCRS §24-76.5-101 et aeq., and (c) hu produced one fonn of identification rcqu1r<>d by CRS ,. ,76.5-I03 prior to the effective date of thiJ Grant. Revised 1/11'9 THE REST OFTIIIS !'AGE lS INTENTIONALLY LE7f BLANK 25. SIGNATURE PAGE THE PARIT~S HERETO HA VE EXECUTED THIS GRANT ~ Persons slgnint for Grantee hereby swcAr nnd n ffirm that they are. authorized to net on Grontec's bchnlf and acknowl•d~e thot lh• State ls rolJln~ on their rcprc,cntatJons to Uoat crrecL GRANlllE City of En:kwood STAU: OF COLORADO BW Rltter,Jr, GOVERNOR DEPAR'IMENT OF LOCAL AFFAIRS By: James K. wooc1wan1 N,moof Au!horizcd Individual By:._-c--c,--c=c--,--:,-----,---,,-.,..--- Susan E. Kiitpatnclt, Executive Dindor Titlo:Ml't2! Official Title of Au!hori7.cd lndividull Datc: ___________ _ PRE-APPROVED FORM CONTRACT REVIEWER Datc: ___________ _ By:. ___ ...,....,.....,.,-,-=---,.-,--- AullllllD Gol Housin11 Propms M111111er DI~------------ ALL GRANTS REOJJIRE APPi\QV AL by the STATE CONTROLLER CRS §2~·30.202 n,quires the Sut, Controller to oi,prove all State Grant,. This Grant Is not valid until slened and doted below by the Stale Controller or de legate. Grantee is not nuthorlicd to be2io pcrformonce until ,uch lime. tr Granlee begi ns performiJJ.g prior therelo. th, State of Colorado I! not oblieatod to P•l' Grantee for such performance or ror any goods and/or ,ervlces provl~od her eu nd er. ~---------------------------------, STATE CONTROLLER David J Mct>amott, CPA lly:. ______________ _ Rose Mol'ic Aulen, Controller Dcleptc Date: ________ _ P•&• 18 of 18 • • • t NSP Ct:) nf Englewood H0NSP~9J08 I HomeownerSh1p EXIIIBIT A -APPLICABLE LAWS La\l·,. rtg1>laaons, and 1uthonimuvc guidance incorporated uuo t?u.s Grant mclude. withoul hmtlDillon (. ~ C.F.R 220, Cost Pnne,~lcs for Educauou lnsutuuons 2. 2 Cr It lli, Cost Pnnc,ple. for Swe, Loc.11 and Indian Tr.iral Govemmcnu 3. 2 C.F R. 230, Cost Pnne,plcs for Non-Proli1 Organizations 4. 2 U.S.C Chapter 26, et seq., -amended, Disclosure of Lobbymg Acbvities s. s U.S.C SS2a, u amended, Pnvacy Act ort974 6. 8 u.sc 1101, lmm11l11'IIOO and Nationahry Act 7. 1: U.S C. f§l70l• 1701~• 15, ct ocq ., u amended, National Housing Act 8. IS U.S.C. Chapter 49, et seq., u amended, Fire Prcvenbon rnd Control 9. 16 U.S C Chapiat 1-83, el seq., Ill amended, Coose,vation 10. 20 U.S.C. 1681-1688, Title IX. u amended, Education Amendment of 1972 11, 24 C.F R. Subtitle A, Parts ~82, et seq, u amended, Housing and Urban Dc•clopmenl 12. 24 C.F.R. Subutle B, Chaple: l -XXV, et seq, u amended, Housing and Urban Development 13. 24 C.F.R. Part SB, EnvironmenW Review Procedures For Entities Assuming HUD Environmental Responribllities 14. 24 C.F.R. Part S10, Community Development Block Grant IS, 29 U.S.C. Chapter 8, §§201, 206, et seq., as a,nended, Laber J6. 29 U.S.C. Chapter 14, H62J-634, et seq., as amended, Age Discrimination in Employment 17. 29 U.S.C. Chapter 16, i§793-794, ct seq., as amended, Vocational Rehabilitation end Other Rehabilitation Service, 18. 31 U.S.C. Subtit le I -VI, ct acq., u amended, Money and Finance 19. 40 U.S.C. Subtitle I, et seq., u amended, Federal Prop-..rty and Administrative SorYiccs 20. 4V U.S.C. SubtiUe Il, et seq., u amended, Public Buildings and Worn 21. 40 U.S.C. 276a-276a-5, Da11i1 Bacon Act. u amended 22. 40 C.F.R. 1500-1S08, u llmendcd, Council on Environmental Quality Rcgul1tions lmplementin& NEPA 23. 41 C.F.R. Chapter 60, as omended, Executive Order 11246 24. 41 U.S .C. 35 et seq., Walsh-Healey Public Contncu Act 25. 41 U.S.C. 701, el seq., Drug Free Worl:plau Act of 1988 26. 42 U.SC. Cbaptor21, Cl seq., as amended, Civil Righi> 27. 42 U.S C. Chapter 45, et seq., u amended. Fair Housing 28. 4l U.S.C. Chapter SO, et seq., u amended. National Flood IDSUrtUJ<C 29. 42 U.S C. Chapter SS, ct seq,, as ami=ndcd, N1tional Enviroom:ntal Policy 30. 42 U.S.C. Chapter 63, et seq., u amended, Le,.d-Based Paint Poisoning P=tion 31, 42 U.S C. Chapter 69, cl soq., u amended, Community Develllpment 32, 42 U.S.C. Chaptc:r 6A, el seq., u amended, Public Health Services 33. 42 U.S C. Chapter 76, el seq .. u amended, Ago Discrimination in Federally Assislcd Pro~ 34. 42 U.S.C. Chapter 89, et seq., u amended, Cougn:gato Housing Services 35. 42 U.S C. Chapter BS, et seq .. u amend.,(!, Air Pollution Prevention and Control 36. 42 U.S.C. Chaptc:r 126, ct 11:q., u amcnckt Equal Opportunity for Individuals with Diaabilities 37. 42 U.S.C. Chapter 130, et seq., u amended, ~ational AfTordJble Houaing 38. 42 U.S.C. S301·S321, Housing and CommurJI)' DcYelopmentAcl of 1974,"" amended 39. 49 C.F.R. Part 24, as amended, Uniform R,locotion Assistanee and Real Property Acquisition Policie, Act or 1970 40. C.R.S. 24-34-SOI • 510, ct seq., as amc:,ded, Colorado Housing Act of 1970, 41, C.R.S. 24-7S-601 et seq., as amended, 1.,cgal Investment of Public Funds 42. Executive Order I 1063, HUD Equal Opportunity in Housing. as amended by Executive Order 122S9, Lcadmhip and Coordination of Fair Houaing in Federal Programs 43. Ilxecutive Order I !S93, Protcetion and Enhancement of the Cultural Environment 44 . E,ecu1ive Order 11988, Floodplain Mana8emenl 45. 0MB Circular A·l33, Audits of Stales, Local Oovernmenlt, and Non-Profit Organizations 46, Public Law 110-289, Housing and Economic Recovery Act 0(2008 47. Community Development Block Grnnt (CDBG) Guidebook, ·d Program Income Guidelines for lhe Neighborhood StGbihlllllion Program.. &lh documents are localed al DOLA website. P ■ge I or! -Exhibil A -AppLicable Laws NSP Cny of Enilcwoocl HONSP00)08 / Homco~ncrshlJl EXHIBIT B-STATCMCNT OF rROJECT (SOP) 1. CCNERAL DESCRJl'TION 01' TB£ l'ROJECTlSJ. I.I. l'ro ject Dc5crlpllon The City o( Englewood ha., been awarded an NSP gnnt 1n the amount of $1,253,379 to purchase, rehabilitate, and resale JO homeownerahip units These units will be sold to howcholds with ineomca al or below 120% of Alu Median lneomo (AMI). This Project will benc(it the Stale by stabilizing commumlies through the purchase, rehabilj1ation and sale or abandoned or foreclostd properties. The units wiU be loelled within a Division of Housing (DOH) designated census block croup(s) 1crving one or the areas of greatest need within the Swc. 30% nf these fwids will 1C1Ve howeholds with incomes al or below 50% of AMI. The properties will be purchased for an average discount of at lout 1% from the appraised vllue. Homes will be rehabilitated to meet cumnt local code and will use Energy Star apphances and upgrades and will be aold for no more than !he cost of the purch.ase and rehabilitntion. A minimum of eight (8) hours of home buyer counseling will be provided to the polCDtial home buyers !hrough this activity. The City of Englewood may need to leave a portion or the NSP funding in the property u • soft second for the home buyer. II instaaces where NSP funding remains lo the home after sale to the homeowner, the appropriata lffordabUity period and rec,,pture provisions will be included in tbc loan documents. This aetivlty qualifit1 under 24 CFR 570202 and 570.201(a). 1.2. Respo nslblllties . Grantu 1hall be responsible for the completion of the Project and to provide required documentation to CDOH as apccilied herein. Grantee shall manage the oompletcd project and cmy out lhe proposed project aetivitit1. t.3. Recapture of Funds. To maximize the use ofNSP grant fu nds, the State shall evlluate Grantee's ability to expend the NSP funds in a tim:ly ml!lllcr. CDOH reaerves the right to recapture NSP funds when Gnntee is not expendlllg the funds in a satisfactorily manner. A cletconinatioo of what constihlte satisfactorily is at the sole dsorelion of lile Stales. l. DEFlNITIONS 2.1. Aba ndoned. A home is abandoned when mortgage or tax foreclosure proceeding, have been initiated for that property, no mortgaie or tu paymenu have been made by the property owner for at lca.,t 90 days, AND the property has bocn vacant for al least 90 days. 2.2. llllght Area. Blighted area, per CRS §31-25-103, means an ares that, in its present condition and use and, by reason or the prcscnee of Bl lcas1 four of the following factors, substantially impairs or arn::LI the ,ound growth of the municipalny, roards the provision of housing accammodations, or consti1111es an economic or sociol liability, and is a menace to tbe public health, safety, morals, or welfare: (1) Shun, delcrionled, or deteriorating struelures; (b) Pn:dominance of defective or inadequate 11rect layout; (c) Fau lty tot layout in relation to size, adequney, aocesoibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvc,nenta; (f) Unusual topography or inadequate public improvements or utilities; W Defective or unusual conditiom or lltle rendering the tide nonmarlcetable; (h) The ex.istcnce or conditions that endanger life or property by fire or olhtr causes; (I) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, detcrioratioft, dercclive dClign, physical consllUCtlon, or faulty or inadequate facihtics; (j) Eovironmenlal contamination or building, or propc1ty; {k.S) The oxisteooc of health, safety, or wclfore factors requiring high levels of municipll aervieca or aubslantial physical underutilization or vacancy or sites, building,, or other improvement&; or (I) If there is no objection by the property owner or owners and the tenant or tenant, or such owner or owners, ir any, to lhe inclusioo of 1ucb J)<1Jpcr1)' man urban renewal area, 'blighted area' llso means an area that, in its present condninn and u,e and, ty reHon of the presence of any one of the factors specified in paragraphs (a) to (k.5) or this 1ub1ection 2.2, substantially impairs or arrests the sound Page I oli-Exhib11 B-S101cmentof PmJCCI growth o: the munJc1pahty. retards the prov11ion of housing a:commod.uJOns 1 or cons1uu1es an economic or social hab1l11y, and 1$ a mcnao, to the public health, ufcl}, morals, 01 welfare. For purpose, of this paragraph 0), the fa:1 tl18t an owner of an interest m suth property docs nut obJccl to the inclusion of such property m the urban rcncwnl area does not mean thit the owner has waived any right.,: of suoh owner in connection with laws govcmmg condemnation 2.J. Bligh ted Struct ure. A btigntcd structure hn, one or more of the following conditions:(•) l'hysical deterioration of buildings or nnprovcments; (b) Abandonment: (c) Chronic hii;h occupancy turnover rates or chronic high vacancy rntcs 1n commercial or mduslrial buildings, (d) Significant declines in property values or abnormally tow property values relative to other•= m the comm·1nity; or (e) Known or suspected cnvironmcnlal contamination, (f) The public improvcmenti throughout the area tre in a general state of d<tcrioralion The Stole also acccpt, local determioabons. 2,4. Current Markel Appraised V1luc. The current maricct oppraised value 111cans the value of a foreclosed upon home or residential property that is established through u appraual made in conformity with the approsal rcquucmcnti oflhe URA at 49CPR 24.103 and eompbted within 60 days prior to an offtt made for the property by I grantee, subrccipien~ dc'ICIOpcr, or individual homebuye,, 2.5. Dlsast« Recovery Grant Reportlo& (DRGR) Sys tem. The Dcpllltmeot of Housing and Urban Development'• (HUD) intcmet based on-line reporting system wbicb to ensure that HUD gets sufficient 111A11J1gcmnl information lo follow up prompUy if there is a lags in implementation and rlskl recapture of the funds. !I will be configured to capture perf01mancc measures, anomalies, performance protlems, budgets, obligations, fund draws , cxpenditllrcs, administration costs and overall benefit to low moderate and middle income household!. 2,6, Foreclosed. A foreclosed property ia one lhlll is •t the poin~ as defined by state or local law, where the mortgage or the tu foreclosure is complete and the title for the property bu been transfcned under a foreclosure proccoding or a transfer in lieu of foreclosuno. 2.7. Land Bank. A land bani: u I governmental or nongovcmmeotal aonpr,,fu entity CSl&blillbcd, 11 lcast i, part, to assemble, temporarily lllllllge nnd dispose of vacant land far th• purpose ofmbUizing neighborhoods and e.ncouraguia re-use or redevelopment of urban propeity. For the purposes of NSP, 1 land bank wm 0pen1tc in a specific, delincd geographic area. It will pll!Chasc properties that h.,.c been foreclosed upon and maintain, aasemble, facilitate m!ovclopmcnt or, marlte1, 11nd dispose of the land-banked properties. If the land bank II a governmental entity, it may also maintain foreclosed property that it does not own, pr,,vidcd 11 chorges the owner of the pro))<!1)' the full cost of the service or places a lien on the the property for the full cost of the service. Propcrtlcs that ore purchased cannot be held longer than ten yean, 2.8. !'re-contract costs. These cost, shall not be included. 2.9. Sl um Arca. Slum nrta, per CRS §31-25-103, means an area in which there is u predominance of buildings or improvements, whether residential or nonresidential, and which, by tCAson of dilapidation, detc rioration, age or obsolesce11cc, inadcquntc provision for ventilation, light, air, aanltetion, or open sp•ccs, high density of population and overcrowding or the existence of condltiona which endanger life or property by lire or other causes, or 11ny combination of such factors, is conducive to ill health, transmission of disc.ue, infant mortality, juvenile delinquency, or crime lDII is dclrimcntal to the public health, safety, morals, or wclfan:. 3. DELIVERABLES 3, l. Outcome. The final outcomo of thi1 project is 10 provide emergency assistance for tlte rodcvclopmcnt of abandoned or foreclosed homes and residential properties in accordance with Grantee's NSP grant application and the specific Slate authorized ae•ivitics as described herein, 3.l. Service Arca. The performance of the services dc.sc,ibcd within this Grant shall be localed in QlY..!!f Englewood. 3.3. Nntlo nal Objective, The requirements at 42 U.S.C. 530l(c) arc superseded nnd 24 CFR 570.208(•) and 570.483 arc waived to the extent neoessa,y to allow the following altemotive requirements: For purposes of the Neighborhood Stnblli::ation Program (NSP) only, the term 'low• nnd modernte-income person" sh•II be defined a, 'low-modern!<• nnd middle-income household (LMM!),' LMMI shall be defined as households havin& an in<0rne equal 10 or less than I 20 pcn:cnl of tl1e ore• median income. Pace 2 of7 l:.J.hihn B-S1a1<mcntofPro1oct • • defined as households having an inc ome equa l to or less lhnn 120 per cent af th e area median ic1co mt As dctcnn ined by the State, Grnntce shall present doc umentation to demons trate complian ce with th e Nau onol Objective iden(1fied below dur ing the term of thi s Gront : 3.3.1. 0 Area Benefit ActivitJc,. 1 he project will benefit all the re sid ents of a primarily residential area in which at least 51 % of the rcsidr.nts have incomes nl or below I 20°/. of area median income . 3.3.2. 181 l:lou,ing Activiti es . This project is being deve loped for the PUl'J'Osc of providing or improving permanent abandoned or foreclosed and res idential properties that will be occupi ed !!l households whose income is al or below 120¾ of the area mediao income . 3.3.3. U Limited CUentele . The project will benefit limited clienlcle activities in which at Jell.St 51 ¼ of those served arc LMMI households . Limited Clientele 'persumed benefit" arc abused childn:n , battered spouses , elderly pernons, severely di,ablcd adults , homeless persons, illiterate adults, pernon with AIDS and migrant farm workers . Emergency sheltern and group homes also fall within this definition. 3.4. Project Performance Plan (PPP). The Parties shall comply with the milestones, performance goals and timolines ouUine d in the PPP, which is issued separately by CDOH and is e part of the State's ongoing monitoring of this Project. 4. PERSONNEL 4.1 . Responsible Admlolstrotor. Grantee's performance hereunder .;hall be under the direct supervision of Janet Grimmett, an employee or agent of Grantee, who i, hereby design ated as the responsible administrator of this project 4.Z , Other Key Personnel. NONE. 4.3. Repl•cemont Grantee shall immediately notify CDOH if any key personnel cease to serve. Provided there is• good-faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify CDOH and seek is approval, which shall be at CDOH's sole discretion, as CDOH iss ued this Grant in part reliance on Grantee's representations regarding its key personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what their qualification are, and when the change will take effect. Anytime key persorn1el cease to serve, COOR, in its sole discretion, may direct Grantee lo suspend work on the Project until such time as their replacements arc approved All notices sent under this subsection shall be sent in accordance with §18 of the Grant. 5. PAYMENT Paymen ts shall be made in accordance with the provisions set forth in §9 of the Grant. 5.1. Payment Schedule, Grantee shall disburne Grant Funds received from the State wiU1in fifteen days of rcceipl Excess funds shall be returned lo the Deparbncnl ,Pavmcnt i&'.~\"i.W 11'::'1,,~'..Amoilili""/;P';~{!'. ~,i,r,~ .. ,,,.~~:1~T'tJ:~;,;/i~~t'.t;.:r;i~t.~~~~,?~~};-\. Inte rim ~,yment(s) Sl,252,379.00 Paid upon receipt or actua.l expense documentation and written requests from the Grantee for rcimbursemcnl of eligible approved program activities. Finni Puyment Sl,000.00 Paid upon substantial completion of the Project, provided that the Grantee has submitted, and the Dcuartmcnt bM acccoled all required rcnorts . Total $ 1 253 379.00 5.2. Remittance Address. If mailed, payments shall b, remilled lo the following address unless changed in accordance with §18 or the Grant City of Englewood IOOO Englewood Parkway Englewood, CO 80110 S.3. ln1arcs1. Grnntec o, suh~rnntce may keep 1111ercst earned frum federal fund, up 10 $1 00 per yeai for admmos1ra1 iv• e xpema Exres< 1n1crcst income ,hall br returned IO DOH 6. Al)MrNrSTRATJVE REQlffltCMENTS Tor following subsections of this section are applicable lo this Grant f8I all s11bsectio11s; or O §§insert onlI apphcublc subsection nu.'llbe:s 6.1. Reporting. Grantee shaH submit the follow1ng reports lo the Department using the state-pro\"ided fonn,. The Department may withhold paymen t(•) if such report& are not ,11bmitlcd timely 6.1.1 , l'rnanclal S!Atus ltcporu. One copy of the monthly Financial Status Rcpor1 shaH be submitted within IO calendar days of the end of die month. 6.1 .2. Performance Report<. One copy or the r .. onlh ly Performance Report shall be submitted within I O calendar days or the end of the month. 6.1.3. Project Completion Report. Withm 30 days after the completion of the ProJCCI or tru: fuw draw, whichever is later, Grantce •hall submit one copy of the Project Completion Report, ond two copies of the final Financial SIAha Report. 6.l. Monitoring. The Dcpartmait shaU monil« 1hil Grant in acconlencc wilb iu NSP Morutoring PoLicy and §§l l(B)-(C) and U(B) of Grant Agreement. Fin&I evaluation of the Project will be ac,:ornplished when tho Department approves lhe Project Completion Report. 6.3. Performance Bon,1<. If this Agreement funds construction. rchabilillltion/renovation, or demolition work costing fifty tholl!and doUan or more per single family dwelling or affordable housing developrnent, Grantee shall ensure that it< subcontractor(s) have performance bond 11nd labor 11nd material bond covcraaca v;lued at• minimwu of fiJly percent (50%) of such work. 6.◄. Procurement S tandards. Selection of contractors, COIUUILlnts, arclutccb, engineers and purchase of materia1s to accomplish the Project shall follow appropriate procurement &tandards a, outlined in lbe State', L'DBO Guidebook, Financial Maoagement Section. 6.5. Affirmative Marketin: Pl.tn. If S or mort housing units -funded in lbe Projec~ Grantee ,ball provide an Affirmabvc Morketing Plan for the Project in accord4ncc with of this Grant The Release of Funds under this Grant shall be oonditioncd upon the llpproval or such plan by lhe S(Jlte. 6.6. Davis-Bacon AcL (40 USC 2761 -2761-S u amended) requiring Iha~ on all contractJ and subcontracts which exceed $2,000 for federally-assisted construction, altetation or rehabilitation, laborers und mechanics employed by contractors or subcontractors shall be paid wngcs at rnte, not less than those prevailing on similar enmtruclion in the locality as dete:muocd by the Secretary of Labor. (This rcquirnncnt applies to lhc rchabilitatioa of residential property only if such property is desii:ned for u.se of eight or more units.) Tho require·ncnts set forth in thil subparagraph arc inapplicable IO individua.ls who volunteer their services under circumstances set forth in 24 CFR Pllr1 70. If applicable, the lead age:ocy rcsponsl,le for compliance shall be dcsicnated in the PPP. 6,7. Envlronmcntnl Requirements. Grantee shall compl,Y with all HUD environmental requirements and 1ball not obligate Grant funds prior to rocc;pl of Ute written release of funds from the State. 6.8. SecUon 3 of the B'1JI) Acl of 1968. lfS200,000 or more in NSP funds an. :,rovidcd to this Project. Grantee and aubgranlec shall to the greatest extent feuible, provide opportunities for training and employment that arise through HUD-financed p1"ojecl1 will be given to lower-income persons in the Project area, Lnd thal contracts be 1wardcd to business.,. located in the Project area or to bll!inCUC$ owned in substnntinl part, by residents of the Project ar<·a. 6.9. Uniform Rclocullon Ar.I (U RA). Grantee~ required lo follow a URA Residential Antid isplnccment and Relocation Assisllnc:c Plan when dcsiJrung their p1 Jgnuns in that obligations rel•tcd lo volunwy and involunlary propcr1y acquistu1on activit,cs for vacant and abllllCOocd property apply. HUD is providing an •ltcmative requirement for r=idcnlial dwelling units thnl arc demolished or converted in that Uie one-for-one replacement requirement will b: w1ived. Page ◄ of7 -Exluou 8 -Stolen,enl of ProJccl • • • 7. PROJECT BUDGET .. l'rojcct A~tivttlei.:_., ~·otal '-,_Oil :1, .. ,NS!' Fund_s.~ · • ,9thcr f und1 'f.',;..·Otber Fund Sourct:;; Propeny Acqu1S1t1on ll,!09,000.00 1909,000.00 $600,000.«I Pnftltllw AppBuals Sl,S00.00 Sl,S00.00 Sales Proceed, Propeny lnspect10n / Est1m11'l U,000.00 tl,000.IO Develop,, Buildi"ll Pemuts 1111 Fea SIS,000.00 Sll,000.00 US Bank Rehabilharion 1)00,000.00 D00.000.£0 1/SBanlt Rehabt1111tionCcalinccncy Sl0,000.00 Sl0,000.lll USBllli Pre-Pun:hase Coumcling 12,500.00 Sl,500.00 Sale, Proceeds Propony Cmryina Ccoll l ll,000.00 Sll,000.lll Sales Proceed.I Financing Fees SSS,000.00 m,000.00 Sales Pniceodl Maiblina m.soo.oo S92JOO.ID Sales Proceeda Legal $10.,000.00 SI0,000.00 Sales Proc,,ds ~F<e m◄.000.00 Sll ◄.000.00 Project Doli,ery Cosll S.S,319.00 SS,379.00 140,000.lll Salci Procetdr S1111upCom S◄,500.00 S◄,SOO.lll SalcsProcew Other Project Activity Cosu 1100,000.00 1100,000.IXl Sales Proceeda NSP AdmllliMtioo Ul,000.00 n◄.000.00 S◄l,000.00 Salcs Proc<ed5 CDOH Final Payment 11,000.00 Sl,00000 Tobi Sl,567.379.00 Sl,lSl,Jl,,JO Sl,ll ◄,000.IO 8. PROJECT REQUIREMENTS: The following subsections of !his section arc applicnble to this Grant. ~ aU subsections: or O §insert only applical.,le subsection numben. 8.1. AfiordabUity RcqulreJ11cnt.s. 8.1.J. NSP A.ulstcd Unit Identllicntlon. Gruntec shall designate JO und(f) 8§ NSP-ossisted units, The units shall be mdc up of: ,rn.threc bedroom. As tbcso units will be floating units over the period of n{fordabilily, as de:son'bcd in §8.1.3 below, Grantee shall coswe that the designated units will be comparable lo t-.:rm1 of size, foal:W'OS, and number of bedrooms to the originally designated NSP units. 8.1.2. Rent Re1tricUont. To insure the rental units in the Project are afl01dnble to LMMl households, all or tho rcnlal units shall have the HUD AMI rents, less the HUD approved utility allowance listed below: :~0:C~S!'~W. ~:.t1i~~~~~r Jt~!i.s:f.M8~~ lf.j-~.Bfft\'~Yc.•3/200~ 0 0:iiedroom ·:, 1-13ewoo'm' '2-Bedroomt ·;·J-Bel!foorii'-<4-Bcanioin' Fair Markel Rent $617 $704 $891 $1265 $1475 50%AMJ Renl $665 $712 $855 $988 $1102 120 % AMI Rent $1 596 S1710 $2052 $2371 $2646 8.1.3. AfTordabtllty Teno. Grantee ahall CD3Ure that all affordable unill identified shall continue to be used to provide housing for low, moderate, and middle-income pono111 or families for ll )'Cll'I from tho date of project closcoul 8.1.◄. 010 Covcnaol Grantee &haU record• use covenant for each Projce1 property in tho land records in the counly in which such iProjcct properly is located. using a fonn substantially similar to Wlblt ll A oopy ol the recorded U$C covcnanl shall hr provided to the Depanmcnl 11 th< ume of rea,id1ng. and in • cond1uon for payment 8.1.5. TraDJrrr of Uit CoHn■nL The U$C covCN...~ mi} tcrmuuttt upon Forcdo~utt or tranlfci m !1:.u of foreclosure, unless the 0\'1lcr of record, before thr fortclo:;urc, or .inyonc with b~mCSI or family hd In the owner, obtains on ownership interest in the pr"l)crty, X.l .i>, Nonco 111plin11cc with ll,e Covo 11111·1 If U,c Project is not ur.ed for l\ousing the ohov, described beneficiaries, DI O,c above described rents dunng the affordability ttnn, Grnntee or its ,ucecs.son and ar.signccs, heirs, gmntccs, or lessees, shall be required to repa) to the State, withm 1111)' days of the State's mque,~ the full amount of the Gran< funds distributed for we on the Project. lo heu of rq,aymen~ the DeparUucol may authonie the Grantee, or 11, 1ue<:c.sso11 and wigncc:s, heirs, grantee,, or IC3SC<S, to repay the: funds to one o:r more public housing entities or private non-profit corpontinns. 8.1. Appraisal. Grantee •hall ensure that an apprsisal will be done on all acquisitions using NSP funds , includingtbe purch"'e of forec losedlab111doncd homes, residentia l propcrt;es an d voluntary acquistions. Foreclosed homes shall be purchased at a discount or II least 1 % or more below the cu.-rcn! llllrlceHppraise<I value. The appraisal shall be used ID detmninc lhe purchue discount 8.J. Chani• ofUse. For a minimuro of fifteen (IS) )Uts followin& the date of Pl",jccl closc,out by tl,e SI.II~ Grantee may not change the use or planned use or the property acqllircd or improved unless. I) the State determines thr new use meets one of the national objectivCJ or lhe NSP program, and 2) the Grantee provic!e, affected citizens with reuonable noticc and an opporturu ty ID comment on any proJ)Oscd change,, If Grantee decides to change the use of the property and the State deems such use as not meeting, NSP national objective, the Grantee &ball rcimbune to the Stale an amount equal to the cwrenl ftir morket value of the property, less any portion of the value attribuuble to c.tpcndilurcs of non-NSP funda Car acquisition or and improvements to, lhe propc,ty. A£ta the fifteen (IS) year period followin& the Project closeout date, no S1.111t reslriclions on use o· ihe propcny shall be in effect unless spcelficd differently in §8.1.3 above. 8.4. Eligible Households All households being acrved mu,t have I gmss income that does not exceed 120% of the area median income. The Stole is also required to ensure tlint 25% of the NSP fu nds serve households at 50¾ of the area median income. A hsung of the incomes fo r all household sizes is attached ai Exblblt C and ns updated annually on DOLA •• website. 8.5, Rental Project Elielble Bene(jciaries. Grantee shall msure that 11! housing units shall be occupied by LMMI housdiolds wbosc income does OOI exceed the following. 1 ·•-.t,}~t· ;, ..;,. , ~;.~.:{1:~/ Number:: ,. ... ..,, .. .,._..... '•, : . l\ ·."· • , .,· • . ·.;o,.\!!PJ oftJn(~ ,t•l;;";:fi.' · of llnlir • ;"-,••~mum Incom e for • fo~~;pmon ~~m.lly/_ NSP-A.,sistcd Unjts (3) single family units (7) single r.mily units To!.illlnUl 10 ~SO% AMl ($38,000) :-;120% AMJ (S91,200) •income listed ore in cffoc t nt tl,e time the G,ant is executed Income for other frunily sizco nrc detailed in Exhibit C. The State shall conduct an aiwual review of rents and bouschokl incomes to ensure compliance 8.6. Homeownership Counseli ng. Grantee shall insure that tJ,e purehuing household will undergo a minimum or 8 houri of• HUD approved' homeownership counseling. 8.7, In come Eligibility Dulermlnation. I 8.7.l. Initial Determlnntion. Grantee shall determine nnnual income of the Project beneficiaries using "AMual Income", ns defined under the public housing and Section 8 programs in 24 CFR Part 5, Subpart F Pog< 6 of7 -Eith1h11 B-St11:mcnt ofPR>JN • • • 8. -.?. Subsc:quenl Oetcrmloatloru Grantct shall (a) conunut lo use Ult nhcwc spec:fied income quahfy,ng method for subscqucnl income dctcnmnatlons dunng lhe f'C"od of affordablih1y, or (b) use "adJusled groni; income",•• defined fo, purpose> ofrcportmu unde1 lnlcmal Revenue Service (JR.SJ Form 1040 ,e,,ea. The melhod ofdelcrmmation selected by the Gran1ee, after lhc initial delcrmination, •.hall be used for all subsequent income delcnninations for all households during the affordability period. 8.8. Progrnm lncome Orantce,i shall follow lhc State's Progroin Income Ciu,delines for NSP grant for the tncting, accounting, and we of program income. U. rrope!!>' Standnrds. 8.9.1, ~ AcquisJUon Only. Propcrtics/ProjrelS which receive fund,: under U1is Grant shall meet loe&I housing standards or codes 11 lhc time of initial occupancy. If no slandards «ist, ProjcclS shall conform lo HUD Section 8 Housin& Quality Standards (HQS). 8.9.l. ® Construction and Rebabllilalion Projects. Con>INctinn and rehabihution projects shall mc:et all applicable local codes and ordinaua:s at the time or p, oject completion. If no standards cxis~ Projccll shall eoofonn Ill BUD Section 8 Housing Quality Sl&lldard! for Elisting Housing. 8.9.3. 0 Fair Housing Acl (◄2 USC 3601-20), and Section SO◄ (29 USC 793), u amended. ConslNction must meet lhe acecssibility standard.I or lhe Fair Bowin& Acl and Section 504. For housing projects which Include any now oonslruction or substantial rehabilitation of multi- family houains units, Scetion S04 l'C<luircs selected units lo be made aocea!ble to per,ons with disabilities, and Ill the maximum cx1enl feasible, these units arc lO be evenly distributed through,,ut the Projtlll 1!te and be sufficient in range or size when compared to other units. Specific rcquiremcnl.s Include: 1.9.3. l. Handicap Ac tstlble. __ units shall be dccignated to meet the rcquin:mcot that at least 5% o! loll ! projecl units shaU be made handicap accessible according to lhe Unifonn Federal Accessibility Sllndards. 1.9.3.2. Persons with Roarlnc or Visaal Jmpairmenll. urulS shall be dcs1gnaled to meot the rcquircmcnl that al leas! 2% or the u,taJ project units shd be accessible 10 persons wilh hearing or visual 1mpairmco1S 1.9.3.3. A vaila.bllity or UnllS. The owner or manager or the housina units musl make available to the general public infonnation regarding the availability or handicap accessible units for eligible individuals. 8.10. Purchasing Rou,ehold . Orantce shaU ensure that lhe purch.,ing household musl have the required income at the lime when lhe contracl is sigoed lo purchaae the home . Tho purchasing household must occupy the property ns • principal residence and the deed and the loan document& between the Granlec and the household must incorporale lhi, rcquiremenL TI,e abandoned or foreclosed home purchased sale price, shall be equal to or less than the NSP cost to acquiro and redevelop lhc home. P11c 1 of1 -Exhibd 8 -Slalcmcnl of Project 1!.XHIBIT C -INCOME & RENT LIMIT • County Anpanoe 120'11, Anpahoe 10(1'11, Arapahoe 80'11, JUWpahoe 65'11, Arapahoe 60'11, Arapahoe 55'!1. Araoahoe 50'11, Arapahoe 45'11, A,_D■hoe 40'11, Anap■hoe 30'11, MAX'.l:MUM RENTS • EXHIBITC COLORADO DIVISION OF HOUSING 2009 INCOME ANO RENT LIMIT HUD Release Data: Manti 19, 2009 • INCOMI! UMIT'S D BDRM :l BDRM 2 BDRM 3 BDRM 4 BDRM :l PERSON 2 Pl!RSON 3 Pl!RSON 4 Pl!IISO N 5 PERSON 15 PERSON 7 PERSON B PERSON 1,:.96 l 710 2 052 2 371 2 64! 63 840 72 960 82,080 91,<00 98520 105 840 113,040 U0,360 1330 l,◄25 1,710 1976 2,20! 53,200 60,800 . 68,400 76 000 82,100 88,200 94,200 1 00,300 1063 11 ◄0 1,367 1,S80 1,76:? ◄2 ,,,. .... ,.,,-:.4,, u, ov,uuu 0-=ii,0.:,0 70,n• t:.,~uu 80,.,- 864 926 1-,1.11 11284 1,-4.s.: 34,580 39520 4◄,460 ◄9 ◄00 53,365 57,330 61,230 SS,195 798 855 1,026 1185 1,-3.L.: 31920 36 ◄80 41,0◄0 ◄5 600 ◄9UO 52920 56,520 60,180 731 783 9◄0 1086 l 21 29 250 33 ◄◄O 37,620 41800 45,155 ◄8 510 51,810 55,165 665 712 855 988 110 .... ~ ,u,~uu -.~ J",= 'H,w~• 4◄,•~ 47,lus ,u,1,0 598 641 769 889 992 239◄0 27 360 30780 3◄ 200 36 945 39 690 42 390 451 13S :,32 570 684 790 8!!2 21 280 Z..320 27 360 30 ◄00 32 8◄0 35 280 37 680 ◄O 120 398 ◄27 512 592 661 :l!>,~~-'" ,~u ..<u,~u• ~.t,uu\J .L4,uu, 26,u, 28,,,, JU,lUl • FORM I -AFFIDA V(T OF LEGAL RES IDENCY 1, --:-'.:-::----::-:::--:----;--::---;-,:--:--~• swear or affinu under penalty of perjury under the laws of th e State of Colorado that (check one): 0 I am a United StalCS citizen, or D J om a Permanent Resident of th e United States, or 0 I am lawfu.lly ;,resent in the United Slates porsuant to Federal law. I understand that this swom statement is required by law because I have applied for a public benefit or I am a sole proprietor entering into a contract or purchase order wi th the Sime of Colorado. I understand that state law requires me to provide proof that I am lawfully present in the United States prior lo receipt of this public benefit or prior to entering into a contract with the Slate. I further acknowledge that making a false , fictitious, or fraudulent statement or rq,resentation in Ibis swom affidavit is punishable under the criminal laws ol Colorado as perjury in the second degree undcr CRS § l 8-8-503 and it shall constitute a separate criminnl offense each time a public benefit is fraudulently received. Signature Date Page I of! -Form I -Affidovil of Legal Residency • • • ORDINANCE NO . SERIES OF 2009 BY AUTHORITY COUNCIL UILL NO. 41 INTRODUCFD BY COUNCIL MEMBER OAKLEY AN ORDINANCE AUTHORIZING ACCEPTANCE OF A JOINT GRANT FROM THE COLORADO AUTO THEFT PREVENTION AUTHORITY (CATPA) BETWEEN THE CITY OF ENGLEWOOD, COLORADO: THE CITY OF LITTLETON, COLORADO AND ntE CITY OF SHERIDAN. COLORADO. WHEREAS. the Cities of Englewood. Llnle1on and Shendan submmed a joint grant opplicauon 10 the Colorado Auto Theft Prevention Authority (CA TP A); and WHEU!AS, the joint grant application requested funding that would enable the ag~ncies to work together in an effor1 10 investigate auto thefts in the south metropolitan area: and WHEREAS, the Colondo Auto Theft Prevention Authority (CA TP A) awarded the cities a joint grant in the amount of$199,220; and WHEREAS, the projcet has led to the development of a proposed South Arca Auto Theft Task Foree: and WHEREAS. the pnmary component of this project is that the agencies will utilize mcmben of each agency, on an as needed basis, to jointly investigate auto theft cvenis that affect the three agencies: and WHEREAS, 1hc passage of this Ordinance authorizes an ln1ergovemmental Agreement belwecn the Cities of Linlcton, Englewood, and Sheridan creating the South Arca Auto Theft Task Force under the Colorado Automobile Theft Prevention Authority Grant and accepts the City's ponion of grant funding; NOW, 1llEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-The Ci ty Council of the City of Englewood, Colorado hereby authorizes the accepUlncc of the CATPA Grant and a<:companying in1ergovcmmental agrccmcn1, a copy of which is marlted as .. Exhibit A" and attached here10. Sectjon 2. The Mayor and the City Clerk are hcrthy authorized to sign said CATPA ln1ergovenmicntal Agreement belwecn the Cities of Linleton, Englewood. and Sheridon creating the South Arca Auto 11,cn Task Force under the Colorado Automobile Then Prevention Authority Grant on behalf of 1he City of Englewood. Introduced, read in full, and passed on first reading on the 8th Jay c>fScptembcr, 2009. Published as a B111 for an Ordinance in the City's official newspaper on the 11• day of September, 2009. Published as a B111 for an Ordinance on 1hc C11y"s official wcbs11c bq?mmng on the 96 day or • Sep tember, 2009 for thiny (30) days. Read by title and passed on ftnal reading on the 11st day of September, 2009. Published by litlc in the City's c,fficial newspaper as Ordinance No._, Series or 2009, on the 2s• day of September, 2009. , Published by title on 1he Cily's official website beginning on 1he 23"' day of September, 2009 for lhirty (30) days. James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis, City Clc:rlc I, Loucrishia A. Ellis, Cily Cl erk or the City of Englewood, Colorado, hereby certify that the above and foregoing is a tn1e copy of the Ordinance passed on final reading and published by title as Ordinance No.__, Series 'lf2009. Loucrishia A. Ellis • • AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE crrms OF LTTI'LETON, ENGLEWOOD, AND SHERIDAN CREATING THE SOUTB AREA AUTO TITTFT TASK FORCE UNDER THE COLORADO AUTOMOBILE THEFT PREVENTION AUTHORITY GRA"'T This Agreement is made bctweeo the Cities of Littleton, Englewood and Sheridan, Colorado {herein after refccred to as the "PARTIES") and entered into this __ day of -.,---,........,~• 2009, regarding the 2009 Golorado Automobile Theft Prevention Alllhority (CATPAi WHEREAS, the PARTIES to this Agrecmeut have the authority pursuant to Article XX, Sec. 6 of the Colorado Constitution and Colorado Revised Statues Section 29-1-201, et seq. to enter into inteigovcmmental egreemmts fur the purpose of providil!g any SCivice or performing any function which they can perform individually; nnd, WHEREAS, the PARTIES to this Agreement desire to cooperate in developing nnd cezrying 0111 the ~oals of the Colorado Auto Theft Prevention Authority ("CA TP A"). This program provides grants to local law enforcement to reduce auto thefts; and, "WHEREAS, the PARTIES to this Agreement desire to create a project under the terms of the Grant entitled the South Ar-.,a Auto Theft Task Force in order meet the provisions of the Grant;and, WHEREAS, the intent of this Agreement is to have the CITY OF LITILETON &pply for CA TP A funds from the Colorado Automobile Theft Authority and to divide such grant funds between the PARTIES; and, WHEREAS, each governing body, in pe.rforming govemmcotal fimctions or in paying for the performance of government functions hcicunder, shall make that performaoce of those payments from current revenues legally available to that party; and, WHEREAS, each governing body finds that the performance of this Agn:cment is in the best interests of all PARTIES, that the undertaking will benefit the public, and that the division of costs fairly compensates the porforming pa.rty for the services or functions under this agreement NOW nmREFORB, in consideration of the mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the PARTIES hereby agree as foUows: SECTION I The CIT\' OF LITTLETO wiU seek ap;,roval from the Colorado Depanmcnt of Public Safety pnor to entering into any contract or agreement for project activities or prov~ion of services, other than the purchase of supplies, or standard commercial or maintenance JCJ'Vices. The PARTIES will mutually agree in advance conceming all project purchases or con!ncts for supplies services and/or equipment The cm OF LITTLETON will sce.k reimbursement from the c~Iorado Automob ile Theft Pm-cntion Authority for all costs authorized by the Grunt THE ClTY OF LITTLETON will then submit to the other PARTIES their allocations as agreed upon in this Agreemenl Said funds will be sent to the account and financial instirution provided to the Cm OF LITTLETON by the other Parties. The CITY OF LITTLETON will have fifteen business days to disburse the allocations to the Parties, after the CITY OF LJTfLBTON rece ives the fundll from the Colorado Automobile Theft Prevention Authority. SEC)JON 2 The Parties agree to allocate tJ-.e total amount of CATPA grant funds of $199,220 .00 available in State of Colorado (!I!IIlt monies to all parties in the following amounts, unless the parties mutually agree, 'll writing, to a different arrangement To the CITY OF LITI1..ETON : Police overtime hours valued at $16,674 .00 One Automated License Plate Reader (ALPR) System valued at $22,000 Server for storing data from Al.PR and wireless system to transfer data valued at $12,000.00 Unmarked vehicle equipped with standard police equipment including; Mobile D ta Terminal (MDT) compuler, mounting raclc, docking station, and modem emergency lighting and police radio valued at $35,000 .00 To the CITY OF ENGLEWOOD: Police overtime hours valued nt SI 6,673.00 One Automutcd Licell.'le Plate Reader (ALPR) System valued at $22,000 To the CITY OP SHERIDAN: 2 • • I ;e I Police overtime hours valued at $16,673.00 Part Time Crime Analyst valued at $31,200.00 Lap top Computer and software for Crime Analyst valued at $2,000.00 Software for Crime Analyst valued at $3,000.00 One Automated License Plate Render (ALPR) System valued at $22,000 SECI10N3 TbeCITY OP LrITLBTON agrees to use S&S,674.00 of the CATI'A grant funds through September 2011, the period covering the grant. The CITY OF ENGLEWOOD agrees to use $38,673.00 of the CA TP A grant funds through September 2011, the period covering the grant. The CITY OF SHBRIDAN agrees to use $74,873.00 of the CATP A grant funds through Septcmber 2011, the period covering the grant. SECTJQN4 The PARTIES agree to submit to the CITY OF LITTLETON all financial reports, performance reports, and any other reports required by the granl SECTIONS Each party understands and agrees that, for pwposes of the grant, the CITY OF LITILBTON shall DOI be considered a "pass-through entity" within the meaning of 0MB Circulm A-133 . The CITY OF LITTLBTON'S status shall be that of a fiscal agent and, as such, the CITY OF IJTTLETON shall bem no responsibility for monitoring the use of grant funds by any of the other parties to this Agicemenl Accordingly, each party to this Agreement shall be considered a co-recipient of the grant and, in that capacity, shall be directly nccountnble to the Colorado Automobile Theft Prevention Authority for all matters concerning grant compliance. SECTION6 The P ARTIBS to this Agreement do DOI intend for any third party to obtain auy rights by virtue of this Apment or to create any righls in any party not a signatory homo. SECTION? By entering into this Agreement, the PARTIES do not in1end to =te 1my obligations, express or implied, other than those set out herein. This Agreement represents the entire and integrated agreement bc1WCCD the PARTIES and supersedes all prior negotiations, representations or agreements, either wrinen or oral and may be mended only upon wrineo ewcement of all PARTIES. ' SBCTION8 Nothing hecein contained shall make or be construed to make the City of Littleton, the City of Englewood, and the City of Sheridan a partner of any other or the othm, oor is this Agreement intended to create a separate governmental entity as the term is defined in Part: 2, Article I, Title 29, C.R.S. SECTION9 This Agreement shall be deemed to be made, shall be subject to, and shall be construed in accordance with the laws oftbe State of Colorado. SECTION JO Should any one or more paragraphs or provisions of this Agreement be judicially determined invalid or unenforceable, such delcanination shall not affect, impair, or invalidate !he remaining provisions hereof, the intention being that the various provisions hereof are severable. SECTION II Any notice required or permitted by this Agreement shall be in writing and shall be deemed 10 have been sufficiently given for all pm-poses if sent by certified mail or registetl:d mail, postege and fees prepaid, addressed to the pany to whom such notice is to be given 11 the addJess set forth DD the fust page of this Agrcemcnt,(There are no addiesses OD the finrt page of the Ag=ment also should pc:llllit notice by personal service) or at such other addr= as bas been previously furnished in writing to the other party or PARTIES. Such notice shall be deemed given when deposited in the United States mail. SECTION 12 The plll'ly who take3 possession of supplies, equipment or items purchased under the terms of the grant shall be responsible for the care, maintenance, and to obtain appropriate insurance for the same. SECTION 13 This Agreoment may be executed in one or more counterparts, all of which taken togetl1cr shall constitute one and the same instrument. 4 CITY OF urn.ETON AITEST: City Clerk CITY OF ENGLEWOOD ATIBST: By:. ___________ _ Mayor By: ________ _ City Clerk-l,Oucr ishia A. Ellis Mayor -James IC Woodward CITY OF SHERIDAN ATIBST: City Clerk By.:_-------- Mayor 5 City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE : September 21 , 2009 A Public Hearing to gather Input on the City'• proposed Budget for 2010. PLEASE PRINT NAME ADDRESS City of Englewood : Lcgal /Publi,· Notices Legal /Public Notices City or Englewood, Color~da In 1n ltttmp( to reach a Wider audience, WCI pubUSh OUf lr;al Publ1Cabons and P1,,1bhc NOtt<H on the Web Sile, a.swell as in the Englewood HerJ"1 ncw1paper The legal publlcatlons are published chronolGQICIIIV trom oldctst to newest (top) end wlU rcmn1n polled for 30 days, The lln\ed files arc downloadab1~ POrs . Oat■ Publl1h•d Notice Meeting 01te Seo<. 9, 2009 c ity eou,n dl: Covool Odl No )6 • amtnctect (Vendor-Seo<. 8, 2009 F ... ) S<pt.9,2009 Cfty Co uft dl: COUQdl 0,9 N9 38 (COPS Gr'W Seo<. 8. 2009 Acceptanee) Sept. 9, 2009 City Council: Counctl BUI NA ◄A (Nel9hborhood S<pt. 8, 2009 Stabllizatlon Grant Accept1nct) Sep1. 9, 2009 City Council: Council 8111 NA 41 (Auto Theft Sepl. 8, 2009 Pre'llenuon Author1tv Gr1r\t AcceQtanctt) .wou• 26, 2009 City coundll Notkc p( 2092 Mott Publk HCldQQ Sept. 21 , 2009 August II, 2009 City Coun.dl: &ktRljml st!. ~dll!Kt lm lZ · Z!Hl! Au9<JSI 17, 2009 (Dfflvcr Mttro Auto ~ T11m Agrt-tmtnt) AuQIISI II, 2009 City COufld l: MQRS!m Q( '2a2!Ql!Kt HQ ll · ZIZ2l _17,2009 (Ackm W.W. f ffk ,~ AgrN.mtne) Au!lu>l II, 2009 City Cou ncil: adimtmJ at gm,a1m;c Ha l! · zgm August 17, 2009 (Temi,orary moratorium • 1ne<t1<-,I mar1jull'\I) August 11, 2009 City Council: Councd am No 3§ • 2002 (Vendor Aug:1st t 7. 2009 ft!r!i) List uf)daled date 9/912009 11 06 0 l AM h11p://cnglc\\oodgo,•.org/lndcx.nspx''pai;c"9 27 Page l of l 9/21/2009 PROOF OF PUBLICATION City of Englewood, Colorado Official Website www.englewoodgov.org I, Loucrishia A. Ellis, City Clerk, for the City of Englewood , do solemnly swear that the attached lega l notice (Notice of Pub lic Hearing September 21, 2009 on 2010 Proposed Budget) was published on the Official City of Englewood Website State of Colorado County of Arapahoe ss Subscri~ed and sworn to before me on th is 21" day of August 2009 . My Commission Expires: November 8, 2012 SEAL CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING September 21 , 2009 Notice is hereby given that the City Council of the City of Englewood, Colorado will hold a Public Hearing on the 2010 Proposed Budget on Monday, SEPTEMBER 21 , 2009 , at 7:30 p.m., in the City Council Chambers at Englewood Civic Center, 1000 Englewood Parkway, Englewood, Colorado. The purpose of the hearing is to receive citizen input concerning the 201 0 Proposed Budget. Interested parties may express opinions In person at the Public Hearing, or In 111riting, to be received by t11e City Clerk by 5:00 p.m. on Septembe1 21, 2009 . Anyone wishing to speak at the Public Hearing may call the City Clerk's Office, 303-762-2407, to schedule their presentation or a sign-up sheet will be available at the door. By order of the Englewood City Council. Loucrishia A. Ellis, MMC CityC lelk 1000 Englewood Palkway Englewood, Colorado 80110 PUBLISHED: August 26, :?009 Official Website of the City of Englewood, Colorado Lou Ellis From: Sent: To: Subject: Lou Enis Monday, September 21 , 2009 10 03 AM 'northlegals' Proof of Publlcatlon Would you please e-mail me a proof of publication for the Notice of Public Hearing on the 2010 Proposed Budget It was published on September 4, September 11, and September 18, 2009. The Public Hearing Is tonight and the Director must present the Pr oof of rublicatlon at the beginning of :he Hearing. Thanks! Lou AFFIDAV IT OF PUBLICAT ION S..,. of Colorado l Co11n1y of llouG,hl.,i: ) TIU!I Affidnit of Publk111on for the £NGLt:\VOOD IIEIIALD, 1 -cnly ""'>Plf"'I• pn111cd and P"bli,hcd for rh, Covnl)' or Arapohoe, Sui,, of Colorado, htttby cn11f.c1 lh111he 1111c1-'ltg1I not.kt' wu pubhshtd In Qtd ftt<o\'SplPff o. .. C '" nit• wed:. rcw _L fUtccufrc wcci (s), 1hr llllll D(\\hich publinnoo WIS -f)nOf IO <hr: 19th di)' ofSq,l,mber, )009, Ind llut «1p1a of och number or a,d p;spc, in which said Pubhc Nolice w111 r,ublishcJ vtm deh,•md b)' <llrim o, ,,_,,,tt<d by 111111 IQ ttch or,hc IUbtcnbm or ,a,d papcr, acc:ord1na to chrir accuttomtd MOdc of businc-JI In lhls offi~. ror thr: e.,1.-ood 11, .. td St11c of Calondo ) )u The above Affida\'11 and Ccntl'i«tc of Publication ..,.,, tubimbt'd and .-om 10 btrort "" by !.lie ahovt,namcd ASA COLE, rn:Mdcnt/Publishrr o, JEW1Y BANGS. M■nagt"I &!11or of Slid ncwtpapcr, ,.ho 11 pmorally kno't\-n 10 me to be 1M idcnllcal pmon in 1hc! abcwe ttnifk•lc on 1hl.; 2111dlyo(~A.D. 2009. Noury Pubfk, 125 Stephanie P1 ..... Castle Rod:, CO 80109 SARAH THOMAS NOTARY Puet.lC ITATIO,COI.OIW)O Public Nolle• NOntfDF~t4lAA4NO ........,11,8" NcUt4 ~ ~Ir-.! lhl Cl)' CU'CilltlhC/lfe/£,ig __ , ~ .... ,...Ht ..... .... ,. .. ,,.,....,l!MgMM Morel•~. IE'1!MHIII 21. JOOI, 11 ,,, •• ,IJI .. C..,CoilftOI~ ai.,.......,CMtC...,IOClt --·-Colo!lldO TlltpvipNt~ll'W~II .,__,...,...,~,. 2111,__. .... ltbfttleciplltllh~l.lp!IJM .... :::::.=:::t::.. i,,et1,a0fl........,21,IOCII N'ltfN ._,..-..;lo ..-~ .t Ille IIIM: ~~c.alhCIYCIM'IOl!lot JCG.JIWW. • ~--~• • .,_.,_. _,. .. •valWM191 '"'dQor Cit) o ffnglc"ood : Legal Public 'foticcs • Legal /Public Notices City of En9lewood, Colorado • In tn ftttmPl lO rnch I Wklt-r IUd&enc"~, we publi:sn our Lr~I Pubhc1Uons ond Public Nottte.s on the ¥tdl SU, ~ Ml a,'" tM £119 ~ H8'MJ ntwSPIOfl' The 1e9o1..-..oom.,. c>ublishod ~olly ,__to,.._ l too).,.,,.. ,_., posted tor 30 days. The 111\k~ t4'd ..re oown~ POfs AQendas and Hanutts fo, the Oty Council ffleell"95 c•n be: found OI\ the ~ Pl9eJ. Sopt. 9. 2009 M.ttlJat Oatt: City Coul\d l: Coui,cff Bdl NP ')§ • a~t'd (Ve:ndof" Sas:,t. e, 2009 Fors) Sept 2009 Oty Covndl! Cwoo! ID NP ]8 (COP'S Gt1nt 5ePt. 8 , 2009 Accf'P(-.nce) --9, 2009 City Covndl: COUl)<jl 11"1 N• 1P I Ne<ghOottlood ~ I . 2009 St.bill~tlon Grant A«tPtaACe) Soot. 9 . 2009 City Covndl: Couooi M Hg 11 IAuto Tboft Soot. I . 2009 Prcvrntlon Autnonty Gt-.nc: ActfllQMe) AuQUst Z6, 2009 Qty CMftdla Noritf pl 20Qg MAIS P'Mbffc HCIOQS ~ 21. 2009 Auoust I& 2009 aty COvndl: AQgptton p[Qamyncc N/9 12 • 2997 Au9USt 17. 2009 (Off\ver Metro Auto Theft l urn Afrttment) ~ It, 2009 CftyCou-ndl: H9pt1QQ o(Qat!'lnc:tNP ]] 20Q1 AU9USt 17, 2009 (Adlm Wllsh Tu\: force Agreement) AoouSl 18, 2009 Ctty Coun dh Adogt,n gf Ord"'l'V No H • 2009 AU9VR 17, 2009 (l~ rnorttonurn mect,u1 m.nju1n,) August 18, 2 009 City CouncH: Cevool M NO l§ 2009 t Vtndor Augu st 17, 2009 , ... , • hllp:/lcnglcwooJgo, .org1ndex .aspx?p.1gc~927 9/2 112009 • • PROOF OF PUBLICATION City of Englewood, Colorado Official Website www.englewoodgov.org I, Loucrishla A. Ellis, City Clerk, for the City of Englewood, do solemnly swear that the attached legal notice (Notice of Public Hearing September 21, 2009 on 2010 Proposed Budget) was published on the Official City of Englewood Website -~,•26.2~~-h-,:~~ v oucrishia A. Ellis, City Clerk State of Colorado County of Arapahoe ss Subscribed and sworn to before me on this 21•1 day of August 2009. My Commission Expires: November 8, 2012 SEAL • • • CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING September 21, 2009 Notice Is hereby given that the City Council of the City of Englewood, Colorado will hold a Public Hearing on the 2010 Proposed Budget on Monday, SEPTEMBER 21, 2009, at 7:30 p.m., in the City Council Chambers at Englewood Civic Center, 1000 Englewood Parkway, Englewood, Colorado. The purpose of the hearing is to receive citiz.en input concerning the 201 O Proposed Budget. Interested parties may express opinions in person at the Public Hearing , or In writing, to be received by the City Clerlt by 5:00 p.m. on September 21 , 2009 . Anyone wishing to speak at the Public Hearing may call the City Clerk's Office , 303-762-2407, to schedule their presentation or a sign-up sheet will be available at the door. By order of the Englewood City Council. Loucrishla A. Ellis, MMC City Clerk 1000 Englewood Parkway Englewood, Colorado 80110 PUBLISHED: August 26 , 2009 Official Website or the City of Englewood , Colorado Lou Ellis From: .t, Subject: Lou Elhs Monday, September 21 , 20091003AM 'northlegals' Proof of Publlcallon Would you please e•mall me a prour of publication ror the Notice or Public Hearing on the 2010 Proposed Budget. It was published on ~ptember 4, ~ptember 11, and ~ptember 18, 2009. The Public Hearing is tonight and the Di rector must present the Proof of Publication at the beginning or th~ Hearing. Thanks! Lou • • Lou Ellis From: .l: Subj ect: AIIIChmen ts: Sheree Sandell (ssandell@ccnewspapers com) Monday, September 21 , 20091202 PM Lou Ellis RE Proof of Publ,eabon 09 01 18, eng pdf Will this work for you? I.don't normally do these. but I thflk I got the Informat1on ,n sheree Sheree Sandell Colomdo Community Newspapers Creative T~am 303-663-7 l 93 Have a Great Day! Am : Lou Ellls [mailto:lellis@englewoodgov.org] ~t; Monday, September 21, 2009 10:03 AM To : ccnlegals Subject: Proof of Publlcatlon Woold you ple•se e-ma,I me a proof of publiutlon for the No1ice of Public Heanng on the 2010 Proposed Budget. It was publi shed on Sep1ember 4, September 11, and September 18. 2009. The PublK He•rlng Is trnlaht and the Director mu,i present the Proof of Publkation at the beginning of the He•" ,g • • A FFIDAV I T OF PUBLICAT I ON Saa1<orr-. l ThbAlfm\H orf\Jblc1u0ft fo, 1hc t:SGL£\\(>OU II ERALO,, .,..u,. ""''1"1"'· rnmcd ,nd pul,h,htd fo, lh< C'M<) o( Alllplhoc, Stal< orr.110,>do, htn:by mtlflC''J ihil the IIIIC'htd kp) ,MMI(( V."n pubhshtd ffl said ntWtpapCf once 1n cxh wed, ror _J_ Al«mn-c w.CTl.(t). the Ilsa of\11-luch pgbl1t1oon WHfflad<pno< IOthc 19thdayofS<pccmbn,lCIO'l,""11ho1 <"opett of tteh munbcr or s.t1d papn in winch Aid Pubhc NOCH:'t 'Vl"l'.4 publuhcd "'C'rc dchvcrnl b)' nmm Of cn.n~m~ b) null 10 taeh or lhc iub!!Cribcn o( Aid pl!ltr, IC(01d1n,11 10 their 1m11iomtd mode of bu11ncu in thb om« for the Enjlc"·ood I lcn1kl SIA« orColonodo l • i,, County or A11pohoc ) Thr lbo"c Aff"lda\ 11 ind Ccnifk1te or PubhC'111on WU subkn'bed ud Ni'Offl 10 be(~ me by lilt ....,., . .,.med ASA COI.E. """dtnt/Publ1ohcr °' /EREMY BANOS, M"'°"n1 Ed110< or JOkl nc,r.~. who iJ Pff'Ol'lllf ~'11 10 me IO bt lhc idtntal pmon kl cbt abovt ccn1fK.11c on thb 21•dayofSq,t~A D .• 2009 l'l-i,Publ1t.ll!Srq,l,ao,o r,,.., C"'k Rock, CO illlO'I SARAHTHOMM NOTARY P111!U: Sl'ATEO, COI.Ollo\00 Pobl1c NGbt1 tK)fUOf,WUCMtAAM ....... u.-~.,....,.. ......... Qr c:Oli!df/1 .. c.t,f/l~ c.... ....... ,...., ......... hJttt,,,.,._.....,...,. ~ "'1'DIIOI JI~-• 130,,-. llllhO,,e-d~ ll~CillcC....MOD ~,....,.~ c......n..,.... .......... ___ °'1911..,__,..... ... :Oto,...._.,.. loua11NIIA.£1it,MMC c,,ya., l~~Pt!'wtr ~Cob-Mtol0110 l ..:.i Ho11e• NG.I uas rint ,u,t,c:11'°": SfMtmbrf 4, 2009 U\I ~IIIIO'I Stpltfflbtl 11, 1009 PIAIW-er LA•~Hett!O • COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 2 I, 2009 11 ai 8,11 For An Ordinance Adding Chapter 22. Medteal Marijuana Primary Care-Givers to Title 5. of the Englewood Municipal Code lniliated By: Department of Finance and Administrative Services I Staff Source: Frank Gryglewicz, Director COUNCIL COAL ANO PR EVIOUS COUNCIL ACTION City Council discussed this topic al 1he s1udy session on August 3 and September l 4, 2009. Councll d irected staff to draft a bil l for an ordinance Incorporating change< agreed upon at th e study session and present ii for Council consideration. RECOMMENDED ACTION Staff recommends Council approve tne attached bill for an ordinance adding Chapter 22, Medical Marijuana Primary Care-Give rs 10 Title 5 (Business and License Regulations) of the Englewood Mun icipal Code. For the most pJr~ the license follows the Colorado Sta le Constitution regarding care-giver as It pertains 10 medical marijuana. The license adds language regarding background Investigations and recordkeeping. but other than that It follows the Stale Constitution. The fees for this license will be set by resolution FINANCIAL IMPACT The fees collected are e-pected to cover the cost of administering the license but wil! not be significant UST OF ATIACHM~"ITS Proposed Bill for an Ordinance • • DY AUTHORITY ORDINANCE NO. SERIES OF 2009 COUNCIL DILL NO . 42 INTROOUCED BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE AMENDING TITLE 5, OFTIIE ENGLEWOOD MUNICIPAL CODE 2000, DY TIIE ADDmON OF A NEW CHAPTER 22, PERTAINING TO MEDICAL MARJJUANA PRIMARY CARE-GIVERS. WHEREAS, the Colorado State Constitution was amended penaming 10 Mcdica V.arijuana paticnlS and Primary Care-Givers; and WHEREAS, the passage of this Ordinance will amend the Englewood Munk,~JJ Cooc Title S, with the addition of a new Chapter 22 , pcnaining to the licensing of Medical t,h1junna Pr,nary Care-Givers in the City of Englewood, Colorado; and WHEREAS, the new Title S, Chapter 22 follows the Colorado State Constitutnn , eg11r 1ing care-giver as it pcnains to medical marijuana; and WHEREAS, Chapter 22 covers the license adding language regarding transfer of license, bactground investigations, rccordkccping, but other than that it follows the Colorado State Constitution: NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. Thr City Council of the City of Englewood, Colorado hereby authorized amending Title 5. ·! the Englewood Municipal Code 2000, by the addition of an new Chapter 22. entitled "Medical Marijuana Primary Care-Givers'' lo read as follows : ~: DEt CNITIONS~ Al.used in Ibis Section the fQUowm@ ltnns &baH have the meanioss indicated: Mafical Madiuana · All oons or the PIMI (senusl cannabis used in tbs trcatrnem of dcbilil@tin e medifrAl condi1ions as defined m ths Cokndo Constitution Anide XYW SCCJion 14 Mrdirol Marii11aaa Pnricat A Pa1iSP1 N defined in the Colwdo Con,,titution Miele XYIU SectiPP 14 who i§ registqqt u a MMical Mariiuana Patient with the Stnte o[Cqlorado Alrdirot Atariiuanq Primacv Cacr-Giw; A PS19D ,~ dsfiost in 1hc Cotorndo Constuution Anide xvm Section 14 who is liued bx a MesliScll MariitlAM f9ll cnLH a Poro,ry Carc-Giw: on the State Mslical Mariiuw registry. &kdirnl Atnriiuana Regi31ry Card · A rcRistralion cau CWorndo Constitution Article XVlll Ssction 14· bY Lh1. and Eavironmrnt which also identifies the Pauent and t1 1 11' to a Patient os uctinod in the Jrado Pconrtmcnt of Public Hs,Hh 1tieoJ '1 Primarv Cnrs:Pivsr \fcd1cu/ AWriimJna lbr uw acg .. ·· UlSU IOP OOSSCSSIOP pcQd Willllll~ or .oaraphgpalia r;:la1cd IP !be acbrumm;ujo uc~mn.,us,; or 1ransoona1jon or Paucm s dcbiJuaung medical cond,dop R®fiocd in J; of such mc;wcal rna';iiwm,110 pddrcsu ~ "row®.Cimsmuuon Amcle xym lhDhlc fqrm ofAlaawuaa · The seeds I h and an ----exs JJds and flnwer,; r L -y nuxture. 0' ww•raiion 1bcreof winch arc a~ 0 1"" RIMI I genus) cannah,s Colomdo Cons'•nmon Article XYIP Scc11O0 14-ooroonats for mechsal use as defined in the ~:. l,ICENS& REO(IlREP~ ll shall be uola · • · CarefiJm "! deft;,cd IP acgujre possess prod wfu. 19r •ox Mcdn;al Mntjjuan• Primary ¥s<l!GDI Manma,· ··r. ro•ciivnna onrnohemaHa ucc use v:ampon 2.rr« dispense °' grow hwss fmm tbs' Jf Eovlswood• or 10 sell the above wuhout first obrniniog a ~: APP,,ICAIION FOR tJCENSE · A MsJ' .. . accordance wuh Chnmcr 1 of this Title to S ,01 Mnmua~a hcro!c shall be iHucd in a IPIG ofColorndo rcg1s1ercd Pdmao: C9Cs·Givcr ~: SPE:CJAJ« l:JCENSE B&OWBEP:JENTS· · -Inls the foHowioa mecial rco · lo add moo IP 11! 01be,-omvision r h · ------YIWDAllS IPPIY 10 this Uccru;c: -·-----■-SQ ,_,, A. Oolx a nerwo authorized hv the Colorpd · • . Buie oflhc Colorado Qcmrtment orPu;fonstnut,oo Art1cte XVII I Section 14 or bx ------IC Haith and EDVIfflOIDSPI mav be~ li, ~!iOT TRANSFERABLE· A Ljcense jssuod n h. 10 Mother RGllPP ursuant to t is Chanter shall not nmmaackwund check d' 1 P 1cauou wm be rcicc1ed 'fth --· J!;c oses nnv fclonv convictions- 1 H' ~~ VNQ JNYESTIQADON· APPHants ·1 · lll\C!tH. 11120 9§ PPP of the no r · -WI I bsi sub1ect IP @ criminal backm,und c ' · I b --·--__ p ICAllOP Process Thf an 1· · -· --- Aljcepsed Medical MQriiw,na ptjm.,ry CD:L:0 " gLC,olorado cesistratioos Available-e wee ahall have sooie ofoll n;ouired State E, ffilure ofan IRPliGAPt IP mttt the bc;d shall constitute gmynds for reyocatr:sn SJ~ards and ouolificatioms of this Chanter ~ --sumens10n. or 09P·rcnewaJ of the license. ~: Bf'.OIIJBEP ACTS: A. MediGDI MariiuaM Primary C -0· CCKU)Ations rslp(iqp to lhWC J;!,-•ma 3h3ll_ COIDPIY wi_th all IPPJicablc State laws gnd onroohcmglia-e or oossessmn of Medical Mariiuana or maciiuana M;rlical Mariiu1oa Ppmpry Corc-G iYSJ shall kcea ace v.,cs nod 01bsr records as rcouircd b h 1 . -=-_dW\ts wrds ofther mventoO'e --_y t. e ,ICCNIO B Officer, ~iedical M@diuona PriJD!HY Care-Givm sha . 11 twt three CJl xears 11 keeprcgmce;l wrds of all tmosgctions for 2 • • • D. L1c,·ns,'l!~nruu,11a..f.uwro_.Cntc-w.wL$hall onlUDj)kc salci 10. l!Cfli!ll)s \\..Ith a xaltd,Ms:d1kalhli111111i1l , 1•nug11 Rcg~tll' ~" b:,,. thc ~~t1mcll!.III lJi1!1,c Hcahh aod.Enm™1Jl. J;. LltcnscJ MedicaJ Mnnjuana Priman Carc;G,,-cu sh9ILoosm,,i1£QPY olunl~ MiPJul)OA.fauept Rcgis10: C:ml i:wl£ll bulie CrJo@dA Dcoonment pf PublicJJC!lllwl!I Ennmnmen1 for au M)t1, ~: PRQ IUBlIEP ACTS: a. No Medical MariiuaPA Pnmarv Carc:G1 \ er shall ssll or otherwise omv,ds 1DAOiu:ma 10 am;onc; other than PmPN With a valid Medical MariiWU>A Registry Card issued by the Colorado Department of Health and Eoyironment 10 rccistercd Patien1s- ~-Safety Clnuses. The City Council hereby finds, de1ennines, and declare., 1hat thi s Ordinance is promulgated under the general police power of the Ci1y of Englewood. that ii is promulgated for the health, sarc1y, and welfare of the public, and tha • this Ordin1ncc is necessary for the pres<:f''llllon of health and safeiy and for the protection or pub he convemence and welfare. The City Council further ddermincs that the Ordinance bears a rational relation 10 the proper legislative object sought to be or· med . ~-Scverabiljty, If any clause. sentence, paragraph, or part of this Ordinance or the application thereof to any person or cirewns1ances shall for any reason be adjudged by a court of competent Jurisdiction in\'alid, such judgment ,hall not affect, impair or invalidate the rcnwnder of this Ordinance or it application 10 other persons or cirCUl".slanccs. ~-lncons jstcnt Ordi nances. All other Ordinances or portions thereof'inconsis1e111 or conflic1ing with this Ordinance or nny portion hereof are hereby repented to lhe cxtcnl of such inconsislcncy or conflict ~-Effect o[ repeal or modiljcptipn. ll1e repeal or modifica1ion of any prov1s1on of the Code of the City of Englewood by this Ordinance shnll 1101 release, cxti"b'llish, al1cr, modify, or change in whole or in pan :my penally. forfeiture. or liab il ity, eilhercivil or criminal, which shall have been incurred under such provision, and each provision shall be trcmcd and held os suU remaining in force for the purposes of sustaining any and all proper aclions, su11s, proceedings, and prosccuuons for the enforcement of lhe penalty, forfeiture, or hab,lity, as well as for the purpose of sustaining any iud1,mcn1, decree:. or order wluch can or may be rendered, entered, or made in such ac1ions. suits, procccd,ngs . or prosecutions. Section 6. Penalty. The Penalty Pro,,"on of Section 1-4-1 EMC shall apply 10 each and cn.-ry '1olataon of lhis Ordinance Jn1roduct-d, read in full, and passed on first reading on the 2 l s1 day of S"'J)tcmhcr, 2009. Published os a Bill for nn Ordino ncc in the City's official ncwspaJl<'r on the 25'" day of St-plcmhcr, 2009. Published as a 8111 for an OrdtlWl("C on the Ci1y·s official website beginning on the 23" day of Scp1embcr. 2009 for thiny (30) days. James K. Woodward. Mayor ATTEST: Loucrishia A. Ellis. City Clm I, Loucrishla A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cenify that the nbove and foregoing is a true copy of a Bill for an Ordinance. introduced, read in full, and passed on lir:ot readir 3 on th~ 21st day of September, 2009. Loucrishia A. Ellis • • OIWINANCfi NO. SfRIES OF W09 1-J ()/,f!JtJf /) !J Ff!-l?/0 UY AlfTHORITY COUNCIi. BILI , NO. 41 INTRODUC''oJ)'· ~Q.Lf IL MEMBER /!.U-A BILL FOR AN ORDINANCE AMENDING TITLES. OF THE ENGLEWOOD MUNICIPAL CODE 2000. BY THE ADDITION 01' A NEW CIIAPTER 22, PFRTAINING TO MEDICAL MARIJUANA PRIMARY CARE-GIVERS. WHEREAS, the Colorado S1111e Cons111ution was amended pertaining to Medical Marijuana palicnts and Primary Care-Givers; and WHEREAS, the passage of 1his Ordinance will amend 1he Englewood Mwiicipa l Code Title 5, wilh the addi1,on of n new Chap1cr 22, pcnain ing 10 lhc licensing of Medical Marijuana Pnmary Care-Givers in the City of l.1glcwood. Colorado: and WHEREAS, the new Title S, Chaplcr 22 follows the Colorado S1a1e Cons1i1u1ion regardir.g care-giver as it penains 10 medical marijuana; and WHEREAS. Chaplcr 22 covers 1he license adding language regarding lron.~fcr ofliccn.~c. background investigations. recordkccping. bu1 Olhcr than that ii follows the Colorado Slate Constitution: NOW, THEREFORE. BE rr ORDAINED BY Tl IE CITY COUNCIL 01' THE CITY OF ~G LEWOOD. COLORADO, AS FOLLOWS : Section I The City Council of the Ci1y of Englewood, Colorado hereby au1horiz.ed amending Tille S. of the Englewood Municipal Code 2000, by 1he addition of an new Chaplcr 12, cnlilled "Medical Marijuana Primary Care-Givers" 10 read as follows: ~: DftflN ITIONS= As used io this Scctio0e the followins 1mm shall have the rnwio rs indicated: ~ Madiuaoo · All eaas oftht olam Crnusl eogahis usc;Q in tbs tn:atmFPt ofdcbilitntin~ medical cooditi®S 93 defined in tbs Colomdo Constitution Miele XYilI Section 1~. Mrdlcq/ Mcu:liuaua Patient' A Palient as defined in u~~d I Constitution Anick XYUI. Ss:£tionJ'1 ... »1lo...imwtcrcd.nu.McdicatMllriiv•n;1 r•ii®I ,.. 111 1ils siaicp(Colorado Mgdlcq/ Madhmno ea·maa Cace-Giw; A ocnon. Al defined in the Colomdo Constitution Articls xvm. Section 14 who i1 li$U;d bx@ Medical ~,atienl Di, Primary Care.Oivcr on tbs State Medical Mnriiunnn re@i§\0'. Mrdical Atariluaria n,•cfstCY Card· A re@isu, •gnaaJ issued to a Pa1icnL ps deOoed m the Colorado Constituuon Aoiclc xym scqioo 14 · by 1he Colorado Pmmuxm 0( Public HAAJth and Eonmnmcu~nlso idrntifies the Patient and 1he Paticm ·s Primary Carc.Ciixcr ,l(Wifl/ ,1/(!CUl!!llli!-kJ<'....l!J.£.iwlUl~IUOJl._l'V''~~u~ .1!I lr;,nsNl!IIIIOIU'I WiJ.tiluonn Qr pwhcamliu.clml..\! l<t 1Jlc;.i!d1wms1.wi2.lulr ~d1c11l.Jru!PJu11n.i 111 .i<lll!;ru ~ 1.'Jll.klll.) dclt.ilili!uni: m£(1ira l con1hll,•ll..!lli de lined JJI 1hc Colvr,l\[Q c,,n,1111111,111 t\rll,;lc X Y.111, s~,1~nH, ~!ILl!J IILMt!rliu.u.uu.JbtSdwc~,!>®Wlld Oo» crs of Jhtmil.11Ltl:$lll!SI c(IIUlil~ ~ 11\ix~WJlril.J!Ql)Jhcr~icJ1 ~re '!WIL.QP~ ni.,di£lll.li,".li,,il• d,lig~~I jn the Colorado ComtiJuuon Article XVIII Section 14 ~: LlCE:NS E HE:OUI BEP· It shall hs unlawful for @DY Mcdicat Mariiu?aa Pamao: Care-Gwcc as defincd. 10 acguja;. oosscss, lll'Jld~ usi;Jmgsoon . offer. dispense. or grow Medical Mnriiuana or mariiuana pJrnobemaUo or to sell the above withoul first obtainim; a license from Jbs CiJY 11( Englewood. ~: APPLICATION FOR LICENS E· A MMica l Madiuana license shall be 1nucd in accgrdwe wilh Cbontcr I or Ibis Thie to a State of Colorndo registered Primacy Cnce:Giver ~: SPECIAi, I ,ICENS E REOtrIREMENTS · Io additmn to all Alht.r nroxi:;mo& oftb1s TiJie the foHgwjgg §RC!iialmillicmwnts.ru>AIY 19 thisheejlK: ~ Only 4 PSWP authorized by Jhc; Colomdg Copsmu1jon Art1dc XYlll Sectjon 14 or by ' des oCrbe rclorndo Department pf Public He11b nnd Enximnmcnt rmx be lic£PSCd, J1. LICENSE NOT TRANSFERAj3LE · A I jcense issued pyrsuam to 1hjs CJll\ut~ be unnsrm 1° qnorhg RCWll- C' 13ACKQB9VNP lNVEspoATiqN· AppHcams »:ill be subject IP a crjmmnl backgrollllll jnycs11gatio.QJ13 pan ofJbs •00~ uaalicaijon will bcn:i~ Hiroio•I backomupd chcciuhscls,ses anv Iclom: wru:icli!mi. 12-A Hc,;nsed M,;dicpJ Marijuana Prjrum Cars-Qix•c shall haye com,l.Wll.L~~ urcoJorado rcaa1D11wns nyailabJe. E-ftulure ofau eoottcant to meet the pr,cscobed standards and guahfications 0C1b1s ChaDJcr shall cons1j1y1e groyndsfwcy_wa.1Wn,Jusllmsion.otnon-rcnm! of the license ~: REOUIRtP ACCS: a. Ml.-dtcnl Mari)yana J'ctroary Cntclli.\'..,-rulmll£.5Wll)ly wob aJl,nQph,abtc SJate lnws ond ic.i:ul!Uio.!!.Udatin.i:~ ~~ 11osmsion or Mcw.rnMill:lli•a.lm.llLJllil[iillj]jl,ij P~- B. Mcdrcal MAcilY•U• Pnmary ~IHhl!!U&w~ordu>!.thCI[ )l)YSDl90'., sal~s .. 1111d,g1hcr records awa~I$' Ljccnsing Officer. Co Mtd1cal M•muoo,, Primary C~~ s~,i_c~U.~ three rn yeam, 2 Jl. I.Jccnsed Mshcal M•mYillNI Pnrn Cgre-Gtyrn shall only make sglc, IP pgpops »ilb a xa4d Mcdi,;aJ Marijuana ruicui Rwm C'nrd issued by 1be Colorado Ps?•arnenw PybJic Healtll and EpyjrpQlllml . .ll Licensed Medjcal Marijualllll'Im ~ou;:Gm;rs shnn possess P coo1• p(A xnhd Mcdjc;I) Mqrijuapa r•iisPI RCJ!iM,.C~[<lJwlcd.b.Y the Colorado QcpanmcnLpffubljc Health pgd Enviroruncnt for all sales, ~: PROI-IIBITt:P ACTS~ ~ No Medical Mariiuaoa PrimnD' Cmrr{i,vq shell sell or Plberwise POO>?dC PMOIYAM IO anyone other than DCQQM wub, ulid Medieol Mariiuana RsiristrY Card 1uucd bx the CQlocado PePartmsu of Health AP4 Enrimnmen1 10 registered PatiC1111. ~-Safety Clauses. The City Council hereby finds. detcmuncs. nnd declares that this Ordinance IS promulgated under the general police power of the Ci1y of Englewood, 1ha1 ii is promulga1ed for the heahh, safety, and welfare of the public. and 1ha1 this Ordinance IS necessary for the preservation of health and safety and for lhe pro1ec1ion of public convenience and welfare. The City Council funher determines 1ha1 the Ordinance bears o rntionnl rcla1ion 10 1he proper legisla1ive object sought to be obto incd. ~-Scvcrabjli1y. If any clause, sentence, paragmph, or part of this Ordlnonee or the application thereof to any person or circu mstnnces shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of th,s Ordinance or it application to other persons or circumstances. Sectjon 4. lnconsi<1em Ordjnnnces. All other Ordmnnccs or port ton. hereof inconsistent or conllicliog with this Oru,,.isnce or any portion hereof arc herc:t,y repealed to the extent of such inconsistency or conflict. ~-Effect of rcpc:al or modjfjc,ujon. The rq,cal or modification or ony pmv111on of the Code of the City of Englewood by this OrdiMnce shall not release, extinguish. niter, modify. or change in whole or in part any penalty, forfeiture, or liability, eithcreivil or cmninnl. which shall have been incurred under such provision, and each provision shnll be lrcnlcd nnd held ns still remaining in force for Ute purposes of sustaining nny nnd nil proper net ions. sui ts, proceedings, and prosecutions for the cnforccmcnl of the penalty, forfeiture. or llnhlllty. os wel l as for the purpose of sustaining any judgment, decree, or order wluch cnn or mny be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. ~-Penalty. The Penalty Provision of Section 1-4-1 EMC shall uppl) to enc.. and every violation of this Ordinance. Introduced. read in full, amended and p.is5ed as arneMcd on first reading on the lilt dny of September, 2009. Published as an amended Bill for an Ordinance in the City's official newspaper on 1hc 2s• duy of Scp1embcr, 2009. 3 Published as an amended 8111 for an Ordumncc on the Cit)·, oftic,.11 "ch,11, t· ~11111111~ 111111,c 23"' day of September. 2009 for th,ny (30) days ATTEST: l<)ucrishia A. Ellis, City Cleric I, Loucrishia A. Ellis, City Clerk of the Cuy of Englewood, Colorado, hereby ccn,fy that the above and fo,cg,,ing is a true copy ofa Dill for an Ordinance. introduced, read III full. amended ond pa":d u,, f, ~: .e•1ing on Lhe 21st day of September, 2009. Loucri shi a A. Ellis 4 • • • COUNCIL COMMUNICATION Dat e: Agenda It em: Sub ject: September 21 , 21)()9 11 a II Bill For An Ordln,1nce A01endin11 Chap ler 60, P~sess,on of 1\1Jr11ua1>.1 Prohibtted in TIiie • nl the Englewood Municipal Code Initialed By: Staff Source; Police Depanmen t John Colli ns, Depu ty Chief or Police COUNCIL GOAL AND PREVIOUS COUNCI L ACTION None. RECOMMENDED ACTION The Police Department is recommending mat City Council adopt a Bill for an Ordinance amending Tide 7, Chapter 60, Section 12, of the Englewood Municipal Cude 2000. It is recommended that 7- 60-12(8) entitled Possession of Marijuana Proh ibited, be amended 10 read, "It is unlawful for any person to possess one ounce or less of marijuana, except in accordance with Section 14 of Article XVIII of the Colorado Cons titution. Secondly, the Police Department recon1mends mat Title 7-6D-12· 1 (CJ. Drug Paraphern.3lla be amended 10 read, "Possession of Drug Paraphernalia. A person commits possession of drug paraphemalia if he/she possess es drug paraphernalia and kn ows or reasonably should know that the drug para phernalia could be used under circumstances in violation of d1is Code, e,cep1 ,n accordance wim Section 1 ~ of Article XVIII of the Colorado Constitution• BACKGROUND, ANALYSI S, AND ALTERNATIVES IDENl lFIED The Colorado Consti tution has been amended relative to possession of marijuana/drug paraphernalia wh,ch legaffzes medical use of marijuana for persons suffenng from debilitating medical conditions, TI1 e proposed chan•,es 10 1he Englewoo d Municipal code align lh ~ munic,pal code wim 1he Colorado Consti lUlion. FI NAN CIAL IMPACT None . UST OF ATTACHMENTS Bill for an Ord1nan, e • • • ClR IWII \"Ill '1111 SI Rll S 01 ~1•111 11' AUTI IORITY COUNCll. BILL NO ~3 INTRODUCED BY COUNCIi MEMB ER ____ _ A BILL FOR AN llRl)I N1\Nl'lc AMl·NOL'll(i II 11 l· 7, CI-IAPTER 60. SECTION 12, OF THE El\<J LE\\'00O MUNICll'AI CODE !000. ENTITLED POSSESSION OF MARIJUANA ~RtlllllllTFO WIIICll l'l'R r AINS TO EN FORCEMENT. \\ Ill Rl.:AS 1,,c Colorado Co~1 i1ut1o n has been amended relauve to possession of nt1rt1ual\ll ,lrug rar: 1'hen1aho wh,ah legahws medical use of marijuana and paraphernalia for persons sulT~,r111~ fm n dcbih101ing mcd,cnl conduions; and WHEREAS. •I• assngc of this Ordinance will amend the Englewood Municipal Code to align ii wuh the Coh•1 ... ,, l'ons1itu11on rclnuve 10 possession of marijuana/drug paraphernalia for mcd,col ~,•· NOW, TIIEREt ORE. B~ IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS : ~lrn..J.. The City Council of 1hc C11y of Englewood, Colorado hereby authorized amend111g Title 7, Chnplrr 60. Scc11n n 12. of the Englewood Municipal Code 2000, cr.1i1lcd ··Possession of Manjuana Prohib11cd" 10 read as fol lows: 7-60.12: Pomssloo of M1,lhHH Mt[jiyaga Prohibited. A. Definitions Cons11111ptlon or U.•c of~~ Shnll be dccmcd possession thereof. Marlhuana or Man1unna All JWIS of 1hr plant c:.umabis sauva L. whrther gro\\1ng or not, the srcds thereof, the resin cx1rae1ed (lllm onJ pan of the plant, and every compound, manufacture, sah, dcri,-a1ivc, mixture, or prcparauon of the plant, us se<Js. or us resin. II does not include fiber produced from the stall.s. oil or cake made from the seeds of the plant, or slcnliud ~ of the plant which is incnpat,lc o( gcmu111111on. 1f th~c items exist npan from any other itcn, defined ns •~ lllilW.ll!llli" hrrcin. "M&RIMir!MI IIJ;IIU.\lllll§" docs not mcludc lll8fflMl&R8 lllilDllllWll concentrutc a, defined above ~ 4f.w:JiJuJJJJl C11nl'rntrt1II" I lnsh ,sh. Mmhydroeannnbiool s. or any alkaloid, sn h, dcrh·n1ivc, prcrnra1ion, compound ur nux1urc, whctht'1' nutural or synthesized, of 1e1mhydrocannubinol s. 0 . h is unlnwful for nny person 10 posseKs one ounce or less of IIWttlltfttlft WiJ.dillllllll, ~ accordance with Section 11 or Mick xvm of the Colomdo C:003titutjon. C The ma,umum punishment that can be imposed for v1olauon of1h1s Section 1s as 1s set fonh in Section 1-4-1 of this Code. However, in imposing punishment on minors for violation or this Section, the Coun is limited 10 the rcstncti ons of subsection 1-4-1 B of this Code. 7-60-1 2-1: Drug P1r1pbcro11ia. A. Definitions. As used in this Section. unless Ilic context otherwise requires: I. DT11g paraphemalia means all equipment, products, and materials of any kind which are used, intended for use, or designed for II.IC io planting. propagating, cultivating, growing. harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting. ingesting, inhaling. or otherwise introducing into the human body a controlled substance in violation of the laws of this S:atc. Drug paraphernalia includes, but is not limited to: a. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength. cffcctivenCS$, or purity of controlled substances under circurnslanees in violation of the laws of this Swe; b. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; c. Scpan,tion gins and sifters used, intended for use. or designed for II.IC in removing twigs and seeds from or in otherwise cleaning or refining mariju d Blenden, bowls, containers, spoons, and mixing devices used, intCll.led for use, or designed for use in compounding controlled substances; e. Capsules. balloons, envelopes, and other containers used, in1endcd for use, or designed for use in packaging small quantities of controlled substances; f. Containers and other objects used, in1endcd for use, or designed for use in storing or conceahng conunlled substances; or g. Objects used, intended for use, or designed for use ln ingesting, inhaling, or olhetwise introducing marijuana. cocaine, hashish, or hashish oil into the human body, such as : (1) Metal , wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, pcnnanent screens. hashish heads, or punctured metal bow!s; (2) Water pipes; (3) Carburction tubes and devices: (4) Smolclng and carl>uret.ion masks; 2 • • • • • • (5) Roach chps, meanmg objCCls used IO hold burning matcnol. such as a maniuana cigarette 1ha1 has become 100 small or 100 shon 10 be held m the hand; (6) M1nia1ure oocame spoons and cocaine ,1als; (7) Chamber papes; (8) Carburetor pipes: (9) Elc:ctnc papcs: (10) Air-driven pipes: (11) Chillums; (12) Bongs; or ( 13) Ice oipcs or chillers. 8. Oetenni.no tion; Considerations . I . In determining whether an object is drug paraphemal:a, a court, in its discretion, may con~ider, in addition lo all other relevant factors , the following: a. Statements by an owner or by anyone in control of the c.bjcct concerning ats use; b. The proximity of the object to COl'trolled substances ; c. The existence of any residue of controlled substanc:s on the object; d. Direct or circumstantial evidence cf the knowledge of an owner, or of anyone in ron trol ortl-,e objccl, or cvidciu tha1 such person n,asonably should know, that II will be delivc:Rd to persons wbo he/she knows or reasonably should know, could use the objCCI to facilitate a violation of this Section; e Instructions, oral or wntt.:n, provided with t'ic object concerning its use; f. Descrptive matenals accompanying the object which explain or dq,ict its use: g. National or local advertising concerning its use; h. The manner in which the object is displayed for sale; I. Whether the owner, or anyone in control of the object, is ~ supplier of like or rcloted ilems to the community for legal purposes, such as an authorized distributor or dealer of tobacco products; j. The existence :md scope of legal uses for the object in the community: k. Expc:n testimony concerning its use. C Possession of Drug Paraphernalia A person conuruts possession of drug l>.'lraphcmaha ,f he/she p('<SeS.ses drug p.uaphcmaha and knows or reasonably should kno"" that the dru~ paraphcmahn could he used under circumstances m vmlation of this Code, ~ occordnucc with Section 14 of Article xvm of1l1s Colorado ConstiJJJlicn. D Manufacture, Sale or 0..hvery of Drug Paraphcmaha: Penalty. Ant pcrson who sells or delivers. possesses with mtent 10 sell or deliver, or manufactures with intent to sell or deliver equipment, products, or materials knowing. or under circumstances where one reasonab ly should know. that such equipment, products or materials could be used ns drug paraphernalia COIMUts a violation of this Section SIC£W io NPrdNJCC with Sr&Sion 14 gr Anicle XYIU of 1hc Colorado Constj1u1ion. E. Advertisement of Drug Paraphernalia : Penalty. Any person who places an advertisement in any newspaper, magazine. handbill, or other publication and who intend$ Lhcrcby to promoie the sale in this City of equipment, products, or materials designed and intended for use as drug paraphernalia commits a viol!itioo ofthis Code, kXCSPl in QGGOrdPDCP Wllh Ssstioo 14 of Aaisle XYID of the Colorado CQnuitution- F. Defenses. The common law def.:nse known as the procuring agent defense is not a defense to any crime in this Section. • ~ Safety Clauses. The Ciry Council hereby finds, determines, and declares that Ibis Ordinance is promulgated under the gcnCMl p-,lice power of lhe City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is nee mry • for lhe preserv~,,QD of health and safety and (or the protection of public convenience and welfare. The City Council fUrthcr ddemw,cs that the Ordinance bears a rational relation lo the proper legislative object sought to be obtained. ~ Severability, If any clause. sentence, pruagraph, or pnrt of this Ordinance or the application then:ofto any person or circumstances shall for any reason be adjudged by a court of competent ;unsdict1on invalid, such judgment shall not affect. impair or iovahdate the remainder of this Ordinance or it application to other persons or circumstances. ~ Inconsistent Ordinances. All other Ordinances or ponions thereof inconsistent or conflicting with this Ordinance or any portion hen:of arc h~-rcby repealed to !he cxte.:t of such inconsistency or conflict. ~ Effect of repeal or moddjcation. The repeal or modification of any provision of the Code of1he City of Englewood by this Ordinnnce shall not release, exlinf;Uish, alter, modify, or change in whole or in pan any penalty, forfeiture, or liabi lity, either civil or criminal, which shall have been incum:d under such provision, and each provision sha ll be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suils, proceedings, and prosecutions for the enforcement of the penalty, forfeiture. or liability, as well as for the purpose of sustaimng any judgment, decree, .:>r order which can or mny be rendered, entered, or made in such actions, suits. proceedings, or prosecu1ions . ~ fmu.!!y, The Penalty ProVlsion of Secti.:in 1-4-1 EMC shall ap~ly to each and every violation of this Ordinance. 4 • • • • Introduced. R'3d m run. and pa.ucd on lirst reading on the 21st day of September. 2009 Published as a Bill for an Ordinance m the City's official newspaper on the 25" day ofSq,tember. 2009. Published as a Bill for an Ordinance on the City's officia l website beginning on the 23rd day of September, 2009 fo r thirty (30) days . Ja,nes K. Woodward, Mayor ATTEST: Loucrishia A. Ellis, City Clerk ,, wucrishia A. Ellis, City Clerk of the City of Er.glcwood, Colorado, hereby certify that r' e above and foregoing is a true copy of a Bill for ar, Ordinance, introduced, read in full , and passed on first reading on the 21st day ofSep1cmber, 200~ . Loucrisbia A. Ellis 5