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HomeMy WebLinkAbout2004-03-15 (Regular) Meeting Agenda PacketI I .••• ·, J. t .. ;: . ·. ·. ~-••. Regular City Council Meeting Ordinance I 11:Z//'::: 19 • 2 P, 21 olu<ion I ~~ "11, ,.., ~. 51, 52, 53, 54, 55 I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Regular Session March IS, 2004 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:30 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledae of Allepance The Pledge of Allegiance was led by Mayor Garrett . 4 . RollCaU Present : Absent: A quorum was present. Also present: 5. Minutes Council Memben Tomasso, Moore, Barrentine, Garrett. Bradshaw. Wolosyn. Yurchick None City Manaaer Sean City Attorney Brouman Assistant City Mana,er Aabeny Deputy City Clerk White Di=tor ln1le, Information Technology Di=tor Obon, Safety Services Di=tor Ross, Public Works Di=tor.Gryglewicz. Finance & Administrative Services a) COUNCIL MEMBER WOLmYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 1, a.. Mayor Garrett asked if there was any discussion or corrections . Council Member Bradshaw said Ruth Steel's name was spelled wrong. There i no "e" at lhe end of Steel. Mayor Garrett thanked Ms . Bradshaw. Vote l'ftlllts: Ayes: Nays : Moti on carried. 6. Stbeduled Vllllon There \\Cl'C no scheduled v, itor Council Members Barrentine , Moore . Bradshaw . Garrett. Wolo6yn. Yurchick. Tomasso None Englewood City Council March 15, 2004 Page2 7. Unscheduled Visitors a) Richard K . Brown, 2170 W . Warren Avenue, said , in January we moved into our home and there have been numerous situations with loud music coming from cars. I confronted a neighbor, trying to be civil , and the person pulled a knife on me, to later find out he is a gang member. We have been in communication with Englewood Housing because he was staying in a house he was not supposed to be living in . He has since left . I have noticed other gang members in the area . When I went for a walk one night, I was accosted and was followed for silt blocks before I could gel lo the Shell Station, at Evans. This issue needs 10 be brought 10 City Council's allention, that is why I am here tonight . I don't know what else to do. Mayor Garrell thanked Mr. Brown for bringing that to Council . He said Director Olson is our Director of Safety Services. I don't know whether you have had an opportunity to contact the Safety Services Department and work with them but they arc usually very responsive to those types of issues. Mr. Brown said we have talked to the Community Relations Officer and she suggested to get a community watch going ... Council Member Bradshaw said Neighborhood Watch ... hc said yes , Neighborhood Watch, thank you . Mr. Brown stated , since we arc so new in the neighborhood. it is kind of hard to figure out our neighbors. I had another incident with the children of a ne ighbor, about their loud music. They live ncltt door to my uncle , and he said they arc calm, reasonable people, so I went to talk to them . They corralled me in the street, wanting to attack me . I don't know how old these kids arc, but I am assuming they arc over eighteen. Mr. Brown said my dad was raised in the home I bought from my Grandma . I had been lead to believe that it is a civil neighborhood. but am coming to find out it is not. He said there isn't a sense of community there . I don't know if it is because it is bordering Denver on multiple sides, since it is just a lillle island of Englewood. or what . I really do n't know. My lady and I feel like our hands arc tied . She has a hard time walking out in the street aftu dark . That is not a neighborhood to me . Mayor Garrell said thank you for bringing it to our allcntion. We will make a note of that address . There were no communications. proclamations, or appointments. 9 . Publk Hearin& No public hearing wa.\ scheduled before Co uncil. IO. Consent Acenda CO UNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a ) (I), 10 (b ) (I) AND 10 (c) (I). al Appro, al of Ordinances o n First Reading i) COUNC IL BILL NO. 16 . INTRODUCED BY COUNCIL MEMBER BRADSHAW BILL FOR AN ORDI NANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT PE RT IN I G TO IN FORMATION TEC HNOLOOY PROCUREMENT AND SUPPORT SF,~VICES BETWEE CHERR Y III LLS IU AG E AND THE CITY OF ENGLEWOOD. bl pprm al of Ordinances o n Second Reading 1) ORDI NANCE NO. 13. SERI ES OF 2004 (COUNOL BILL NO . I. INTRODUCED BY CO IL ME ~B ER BRAD II AW) t Englewood City Coundl Man:h 1S, 2004 Page3 AN ORDINANCE AUTHORIZING ACCEPTANCE OF A TRANSPORTATION/UTILITY EASEMENT ALONG SOUTH BANNOCK STREET BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND DILLON REAL ESTATE COMPANY. INC. c) Resolutions and Motions i) APPROVAL TO AWARD A CONTRACT TO RN CIVIL CONSTRUCTION IN THE AMOUNT OF $201.173.00 FOR TANK REPAIRS TO THE TWO CLARKSON STREET 3-MILLION-GALLON RESERVOIRS . Vote results: Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None 11. Replar Agenda a) Approval of Ordinances on First Reading i) Director Olson presented a recommendation from the Department of Safety Services to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City and County of Denver's Depanment of Safety regarding the Urban Area Security Initiative. He said this is an item we discussed in Study Session and by approving this, it allows us to supply needed information to the Federal government for the Depanrnent of Homeland Security and ultimately to free up the funds for the City of Englewood. specifically for 2003, for the general overhaul to our radio communication systems and public safety. So. I am requesting the approval of this ordinance. Mayor Gam:tt asked if there were any questions for Director Olson. There were none. Mayor Garrett said there is a request by Council Member Bradshaw. as well as the City Manager. to thank you for your efforts on behalf of the City of Englewood and all that you have done for us. Thank you . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 17. COUNCIL BILL NO. 17. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUTHORIZING AN .INTERGOVERNMENTAL AGREEMENT (URBAN AREA SECURITY INITIATIVE) BETWEEN THE CITY OF DENVER. COLORADO AND THE CITY OF ENGLEWOOD. COLORADO. Mayor Garrett asked if there was any discussion. There wa none . Vote results: Ayes: Council Members Barrentine . Moon:. Bradshaw. Ganen. Wolosyn. Yurchick. Tomasso Nays: None Motion ca.rried . 11) D1re.:1or R prese111ed a re.:omrnendaoon from the Depanmcnt of l'llbhc Works to adopt a bill for an ordinance approvma an Encroachmc:111 Aa,eernent at 3560 S . Bannock SUecc. lhe Skerrin I-louse. I-le said the original~ was built in ISM and lhe property 111 qua11on was plaled 1n 1926. Mr. Rou said the house ·..as there before the nah1-of-1uy but when 11 "' dcdiclled. 1 portlOD oflhe houac w 111 lhe South Bannocl treet riah1-of-way. The owner ""ishes IO labthzc and rehabtlitatc this buikhftl. It hu been damaged o,er ume due 10 the elements and ne11«1. liO. lhe f'ronl orlhe budd1111 encroaches 11110 lhe C11y nahl· Enalewood City Council March 15, 2004 Paae4 of-way and only City Council can approve this encroachment agreement. Mr. Ross said I am here before you tonight asking you to do that. Mayor Garren asked if there were any questions for Director Ross . There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II)· COUNCIL BILL NO. 14. COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN ENCROACHMENT INTO THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR STABILIZATION AND REHABILITATION OF THE THOMAS SKERRITT HOUSE 3560 SOUTH BANNOCK STREET, ENGLEWOOD, COLORADO. Mayor Garren asked if there was any discussion . There was none. Vote raults: Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn, Yurchick, Tomasso Nays : None b) Approval of Ordinances on Second Reading i) Council Bill No. 10, amending sections of the Englewood Municipal Code pcnaining to Outdoor Storage in Residential, Business, and Industrial Zoned Districts was considered. COUNCIL MEMBER WOLOSYN Movm, AND IT wAS SECONDm, TO APPROVE AGENDA ITEM 11 (b) (I) -ORDINANCE NO. 14. ORDINANCE NO. 14, SERIES OF 2004 (COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING AMENDING TITLE 15, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW SECTION 4, RELATING TO OUTIX)()R STORAGE IN RESIDENTIAL. BUSINESS AND INDUSTRIAL ZONED DISTRICTS IN THE CITY OF ENGLEWOOD. Mayor Garren asked if there was any discussion . There was none. Vole results: Motion carried. Ayes : Council Members Barrentine, Moore. Bradshaw, Garrett. Wolosyn , Yurchick, Tomasso Nays : None ii) Council Bill No . 11 . amending sections of the Englewood Municipal Code pertaining to Inoperable Vehicles. Off-Road Vehicles, and Trailers was considered. COUNCIL MEMBER WOLOSYN Movm, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II) -ORDINANCE NO. 15. ORDINANCE NO. 15 . SERIES OF 2004 (COUNCIL BILL NO. I I. INTRODUCED BY COUNCIL MEMBER WOLOSYN) Englewood City Council March 15, 2004 Pages 0 AN ORDINANCE AMENDING TITLE 15, CHAPTER I, SECTION 2, DEFINITIONS ; TITLE 15 , CHAPTER 9, SECTION I, PERTAINING TO INOPERABLE MOTOR VEHICLES; AND ADDING A NEW TITLE 15 , CHAPTER 9 , SECTION 2, PERTAlNING TO OFF-ROAD (ORV) VEHICLES AND TRAILERS, OF THE ENGLEWOOD MUNICIPAL CODE 2000. Mayor Garrett asked if there was any discussion . There was none. Vote results: Motion carried. Ayes: Council Members Barrentine. Moore. Bradshaw, Garrett, Wolosyn, Yurchick. Tomasso Nays : None iii) Council Bill 12, amending sections of the Englewood Municipal Code pertaining to gopcds/motorized scooters was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (Ill) -ORDINANCE NO. 16. ORDINANCE NO. 16, SERIES OF 2004 (COUNCIL BILL NO . 12, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 11, CHAPTER I, SECTION I, SUBSECTION B, WITH THE INSERTION OF A NEW PART 4 AND 6, AND WITH THE ADDITION OF A NEW SUBSECTION C TO TITLE 11, CHAPTER I, SECTION I, UNDER DEFINITIONS PERT AlNING TO GOPEDS/MOTORJZED SCOOTERS OF THE ENGLEWOOD MUNICIPAL CODE 2000. Mayor Garrett asked if there was any discussion . There was none .. Vote results: Ayes: Council Members Barrentine, Bradshaw, Moore, Garrett. Yurchick. Tomass0i Nays: Council Member Wolosyn Motion carried . iv) Council Bill 13 , amending the Englewood Municipal Code by adding a new subsection to the Model Traffic Code regarding helmet requirements for operators of gopcds/rnotorized scooters was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (Iv)-ORDINANCE NO. 17. ORDINANCE NO . 17 . SERIES OF 2004 (COUNCIL BILL NO. 13. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 11 , CHAPTER I , SECTION I, SUBSECTION B OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE INSERTION OF A NEW PARAGRAPH 7 , WHICH ADDS A NEW SUBSECTION (d) TO SECTION 220(1), OF THE MODEL TRAFFIC CODE 1995, PERTAINING TO HELMETS REQUIRED FOR PERSONS WITHOlIT A DRIVERS LICENSE WHILE RIDING GOPEDS/MOTORIZED SCOOTERS. Mayo r Garren asked if there was any di sc ussion . There wa s none . Vote results: Ayes : Council Members Barrentine, Bradshaw, Moore. G..rrctt, Wolosyn. Yurchick , Tomasso Englewood City Council March 15, 2004 Page6 Nays : None Motion carried. c) Resolutions and Motions i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a transfer of funds from the Surplus and Deficiency Fund and the Capital Equipment Replacement Fund, and supplemental appropriations for Art in Public Places One-Percent for Arts) and the Library Services Department. He said this resolution transfers $20,862.00 from the Surplus and Deficiency Fund to the General Fund. These funds are not required by Charter to be held in that fund so we are moving them to the General Fund for general use. The transfer from the Capital Equipment Replacement Fund is $12,000.00 so the total transfer to the General Fund is $32,862.00. You are also making a supplemental appropriation for the Library of $12,000.00 and a separate one percent for the Arts, in the amount of $5,525 .00. It is a requirement of a resolution passed a few years ago and it was not included in the 2004 budget, but will be in future budgets. Mayor Garrett asked if there were any questions for Mr. Gryglewicz. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RFSOLUTION NO. 46, SERIES OF 2004. RESOLUTION NO. 46, SERIES OF 2004 A RESOLUTION APPROVING THE TRANSFER AND SUPPLEMENTAL APPROPRIATIONS OF FUNDS TO THE 2004 BUDGET. Mayor Garrett asked if there was any discussion. There was none. Vote results: Motion carried. Ayes: Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None ii) Director Ross presented a recommendation from the Department of Public Works to adopt a resolution authorizing negotiation of a contract with Bituminous Asphalt Sealing Specialists (BASS) in an amount not to exceed $395,000 for the 2004 micro surfacing program. He said each year our Street Maintenance Division reviews 119 miles of the streets of the City of Englewood and evaluates which streets need maintenance efforts. The design life of an asphalt road is 20 years and in order to coax those 20 years of life out of our roads in Colorado, with the tough freeze-thaw cycle. studded snow tires, challenging and constantly c hanging subsurface conditions, trucks and buses, we need to perform resurfacing treatments periodically. BASS has satisfactorily participated in a partnership type of arrangement with the City for the last 1hineen years to construct our micro surfacing program . Mr. Ross said we have placed over 2 .67 million square yard o f our design product, which is about 142 miles of roadway . We believe the recommended course of acti on represents superior value to our ci1izens . So. I ask that you allow us to again do this in 2004. Mayo r Garre n asked if 1here were any questions for Mr. Ross . There were none . CO NCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I l (c) (11)-RFSOLUTION NO. 47, SERIES OF 2004. RE OLUT IO 0 . 47. SERIES OF2004 A RESOLUTION AUTHORIZING THE NEGOTIATION AND AW ARD OF A CONTRACT FOR E GLEWOOD'S 2004 MICRO-SURFACING PROGRAM INSTEAD OF THE COMPI!;fITIVE BID Englewood City Council March 15, 2004 Page7 PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE 2000. Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes: Nays: Motion carried. 12. General Discussion a) Mayor's Choice Council Members Barrentine, Bradshaw, Moore, Garrett, Wolosyn, Yurchick, Tomasso None Mayor Garrett did not have any matters to bring before Council. b) Council Members' Choice i) Council Member Barrentine: I . She said I want to thank Community Development Senior Planner Mark Graham and Director Mary Roberts with Littleton Community Development, for their presentation I attended on Tuesday. 2 . She said I want to thank Code Enforcement Sergeant Sanchez for taking me on a tour in the City. We then spent about two hours, mostly, in District One. I was very impressed by the amount of contact he has with the community and the efforts he has made up there. 3. She said I want to thank Officer O'Connor for taking me on a ride-along on Friday night. I lcarncd an awful lot and appreciate him taking the time. ii) Council Member Yurchick: I . He said I would like to talk to Sue and probably go to part of the CML Conference this year. I will come bac k with some numbers next Council meeting. 2. He said I would like to acknowledge a couple of Director Olson's officers. We had a break in this weekend at my business. Officer Castillo was the investigating officer and very enthusiastic aboul her job. would like to thank Officer Saldivar for coming o~t and taking fingerprints. 13 . City Manager's Report C ity Manager Scars did not ha ve any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did no t have any matters to bring before Council . 15 . Adjournment ADJOURN. The meeting adjourned at 7 :45 p.m. t 1. 2. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 15, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. 1: 30 (Yi'1 Invocation.~ 3. Pledge of Allegiance.-~ 4. RollCall. ~ 7~ 5. Minutes. J.. J-{)a . Minutes from the Regular City Council meeting of March 1, 2004. 6. Scheduled Visitors. (Please limit your presentation to ten minutes .) 8-- 7. Unscheduled Visitors . (Please limit your ~re1entation to five minutes.) a.. /6~ 6~ -.J::I~ 8 . Communications, Proclamations, and Appointments. c9- 9. Public Hearing. (No Public Hearing Scheduled) c) 0. 10. ?5J.~h1~ar-~ii"~~~tJTJA.rr~~ ,ocl,. ,pp!. 7-D a. Approval of Ordinances on First Reading. ID b1 + lb<!..I i. Cou ncil Bill No. 16 -Recommendation from the Information Technology Department to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Cherry Hills Village to provide Information Technology Procurement and Support Services. STAFF SOURCE: Don Ingle, Director of lnfomYtion Technology. Please note: If you have a d1sab1hty and need auxiliary aids or services. please notify the Oty of Englewood (303- 62 -2 405 ) at least 48 hours in advance of when services are needed. Thank you. · t 0 Eng lewood C ity Council Agenda March 15, 2004 Page 3 c. Resolutions and Motions. Recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a transfer of funds from the Surplus and Deficiency Fund and the Capital Equipment Replacement Fund, and supplemental appropriations for Art in Public Places (One-Percent for Arts) and th: Libraryt5e,vjc~~ 9t_2a~~:~t STAFF SOURCE: Frank Gryglewicz, Finance Director. '-"l{J ~,..__ Recommendation from the Department of Public Works to adopt a resolution authorizing negotiation of a contract with Bituminous Asphalt Sealing Specialists BASS) in an amount not to exceed $395,000 for the 2004 microsurfa.zf.8 ,; ~ / _ program. STAFF SOURCE: Ken Ross, Director of Public Works.~ 12 . General Discussion. a. Mayor's Choice. b . Council Members' Choice. 13 . C i ty Manager's Report. 14. City Attorney's Report. Adjournment. The following minutes were transmitted to City Council between February 27 and March 11 , 2004: Englewood Police Officers Pension Board meeting of November 13, 2003 Englewood Firefighters Pension Board meeting of November 13, 2004 Englewood Housing Authority annual meeting of January 7, 2004 Englewood Housing Authority meeting of January 7, 2004 Englewood Parks and Re c.•eation meeting of January 8, 2004 Englewood Board of Adjustment and Appeals meeting of January 14, 2004 Englewood Off-Leash Task Force meeting of January 27, 2004 Englewood Cultural Arts Commission meeting of February 4, 2004 Keep Englewood Beautiful meeting of February 10, 2004 Englewood Public Library Board meeting of Febru ary 10, 2004 Eng lewood Liquor Licensing Authority meeting of February 18 , 2004 Please no te: If you have a disability and need auxiliary aids or services, please notify the City of Eng l ewood 303--62·2 405) at le as t 48 hours in advance of when services are needed . Thank you. t CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROF/LMED TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. 0 AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 15, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 1: 30 fYYJ 2. Invocation. 3. Pledge of Allegiance.-~ 4. Roll Call. c1.ll. 7 ~ 5. Minutes. J.. 7-{>. Minutes from the Regular City Council meeting of March 1, 2004. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) --- e-- 7. Unscheduled Visitors . (Please limit your ~re1entation to five minutes.) i.. R,~ '?,~ -.J::J~ 8. Communications, Proclamations, and Appointments. 9. Public Hearing. (No Public Hearing Scheduled) ~ v . 10 . ~nt~enda . ._c ... ./-1:.-~~~NTJA.rT~MS tb.l,, ". J 7D ,/_j,f_,td,d. i.aa ·~ .UJ4 IT --Db·+ ll>c.-1fr""' -a. Approval of Ordinances on First Reading . I I i. Council Bill No. 16 • Recommendation from the Information Technology Department to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Cherry Hills Village to provide Information Technology Procurement and Support Services . STAFF SOURCE: Don Ingle, Director of lnform~tion Technology. Please note : If yoi.rha e a d1 ab1hty nd need auxiliary aids or services. plelll.' notify the Oty of Englewood ()OJ. 62-2405 ) at least ~8 hours in dvance of when servtces are needed. Thank you. Englewood City Council Agenda March 15, 2004 Page 2 Approval of Ordinances on Second Reading. i. Council Bill No. 1, accepting the dedication of an 8 foot wide Transportation/ Utility Easement along South Bannock Street adjacent to the King Soopers Store. c. Re solutions and Motions , i. Recommendation from the Utilities Department to approve, by motion, tank repairs to the two Clarkson Street 3-million-gallon reservoirs. Staff recommends awarding the contract to the lowest bidder, RN Civil Construction, in the amount of $201,173.00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11. Regular Agenda . a. Approval of Ordinances on First Reading. 1-0 i. Council Bill No. 17 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City and County of Denver's Department of Safety regarding the Urban ~JJ.,,u. 1-0 Security Initiative. STAFF SOURCE: Chris Olson, Director of Safety Servicesl,{)~~ ii. Council Bill No. 14 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Encroachment Agreement at 3560 S. Bannock Street, the_»~rritt 1-jousj!. STAFF SOURCE: Ken Ross, Director of PublicWorks. ~ b. Approval of Ordinances on Second Reading. Cf).AJ_:# I I i. appci ,-0 Council Bill No. 10, amending sections of the Englewood Municipal Code pertaining t~ ppt~ow St?rage in Residential, Business, and Industrial Zoned Districts. u_; ~rn-- J).)_J._ d=. I£:" ii. CJ.fl.pd. 7-0 a-,.. Ji # / ~ iii. Council Bill No. 12, amending sections of the E.!)81f~oodJv1_urycipal Code 0 (d-'. cllittaJ~~)orizedscooters. ~..tLLQ-' Council Bill No. 11 , amending sections of the Englewood MunicipalJ:.od,'1"1_! ~ , n.. pertaining to Inoperable Vehicles, Off-Road Vehicles, and Trailers. ~~ • '- Irl ,v . Council Bill No. 13 , amending the Englewood Municipal Code by adding a new fl ~ )., 0 subsec tion to the Model Traffic Code regardin elmet requirements for ~· j. l opera tors of gopeds/motorized scooters. Clfr I f'leJ e nole· If\ ou h,l\ e a d1sJb1hty and need au~1hary aid or services, please nohfy the City of Englewood I JO).-h:!-:!-1 05 ,11 IPa t -18 hour~ ,n advance of when sel"\1ces are needed. Thank you. t 0 J Englewood City Council Agen da M arch 15, 2004 Page 3 c. Reso lutions and Motions. Recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a transfer of funds from the Surplus and Deficiency Fund and the Capital Equipment Replacement Fund, and supplemental appropriations for Art in Public Places (One-Percent for Arts) and th: Library(S:,VjCf!~ 9f!a~~~~t. STAFF SOURCE: Frank Gryglewicz, Finance Director. "'IAJ~,- Recommendation from the Department of Public Works to adopt a resolution authorizing negotiation of a contract with Bituminous Asphalt Sealing Specialists BASS) in an amount not to exceed $395,000 for the 2004 microsurfa~g ~ ~ / _ . program . STAFF SOURCE: Ken Ross, Director of Public Works.~ 12 . General Discussion. a. Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment. The following minutes were transmitted to City c;:ouncil between February 27 and March 11 , 2004: Englewood Police Officers Pension Board meeting of November 13 , 2003 Englewood Firefighters Pension Board meeting of November 13 , 2004 Englewood Housing Authority annual meeting of January 7, 2004 Englewood Housing Authority meeting of January 7, 2004 Englewood Parks and Recreation meeting of January 8, 2004 • Engl ewood Board of Adjustment and Appeals meeting of January 14, 2004 Englewood Off-Leash Task Force meeting of January 27, 2004 Englewood Cultural Arts Commission meeting of February 4, 2004 Kee p Englewood Beautiful meeting of February 10, 2004 En glewood Public Library Board meeting of February 10, 2004 Englewood Liquor Licensing Au thority meeting of February 18, 2004 Pie e note: If you ha,e a d1sab1hty and need auxiliary aids or serv1ces . pita e notify thl! City of Englewood 303--6:!-~405\ at lea t 48 hours 111 advance of when seMces arl! nel!ded. Thank vou. I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Session March 1, 2004 0 The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:31 p.m. Sa Mayor Garren said after the invocation we will have a moment of silence. Unfortunately, we have had three long time residents of the community pass away in the last week or so ... Ruth Steele and Dr. cl Mn. Milligan. 2. Invocation The invocation was given by Council Member Barrentine . There was a moment of silence for Ruth Steele and Dr . cl Mrs. Milligan . 3 . Pledge or Allegiance The Pledge of Allegiance was led by Mayor Garrett. 4. Roll Call Presem: Absent : A quorum was present . Also present : 5 . Minutes Council Members Tomasso, Moore. Barrentine. Garrett. Bnidshaw. Wolosyn , Yurchick None City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Olson. Safety Services , Coun Administrator Wolfe Munic ipal Judge Atencio Director Ross, Public Works Manager of Open Space Lee. Parks and Recreation Lieutenant Collins , Safety Services Manager Stowe. Wastewater Treatment Plant Operations Division Manager Tallent. Wastewater Treatment Plant al COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 17, 2004. Mayor Garren asked 1f there were any co mments or discussion. There were none . Vote results: Englewood City Council March l, 2004 Page2 Ayes : Nays : Morion carried. 6 . Scheduled Visitors Council Members Barrentine, Moore. Bradshaw. Garrett,. Wolosyn. Yurchick, Tomasso None a) Bill Clayton, 958 East Cornell. said I am here this evening with some other folks representing the House of Hope Homeless Shelter. I can't help but observe as I was driving down here tonight. it is kind of chilly. we still have winter and when the evening ends, we will all go home . My Dad was a realtor and I remember the Board of Realtors always told America that the American dream was home ownership. And I think it is, but for some of the folks in our country, the dream is not homeownership. it is finding a place that is warm to sleep at night. So. one of the reasons we are here tonight is we want to celebrate the fact that for three years. the House. of Hope Homeless Shelter in Englewood has been open and providing, maybe not the American Dream. but the dream of a safe. secure shelter for women and children who are working towards becoming self suffic1enr. I think we can all be ve ry proud of this . This would not have happened without the assistance from the City of Englewood. so you can be very proud and so can the rest of the citizens of Englewood . We are celebrating these three years and we are excited 10 be here to just thank you for your tremendous support ... for the City of Englewood 's tremendous s upport . As one of the original collaborative groups that got together in a grassroots effort and founded the Western Arapahoe County Homeless Alliance . it is exciting to be here . And so . l am goi ng 10 turn th1> over to Tina Podolak who is the President of the Western Arapahoe County Homeless Alliance . Tina Podolak said thank you for giving us a few minutes. Some of yo u arc very familiar with the House of Hope. some of yo u arc not. I ha ve drafted a letter that I shared with Mr . Scars. We would like to use the support that yo u ha ve given the House of Hope over the years and take that to the other municipalities in Arapahoe County and ask for their s upport . Just because the House of Hope is situated in Englewood doesn't mean that it is JUSt an Englewood responsibility or an Englewood problem . It is an Arapahoe County homeless issue . We would like 10 sec the o ther municipalities support it as well . So. we are asking you. because you have done so much fo r us. 10 sort of help give us that introduction. We will do the work . We will go meet with them and give them stallstics and talk with them. but we do need yo ur help in maybe opening that door a little bir. We arc here to ask yo u if yo u would be willing 10 do thar. Then I would like to also just take a few minutes and tell you that three years ago . when we opened up the House of Hope. we looked at several organizations to run it. .. Salvation Army . Catholic Chanties. Colorado Coalition for the Homeless and Family Tree. We selected the o rganization called Family Tree . because we thought their philosophy was the most aligned with ours and that is trying to build self suffi cient families . givi ng people the resources and tool s they needed to be successful and ro move fro m ,1 homeless posiuon into a more stable environment for their children and their families . I wanted 10 rake a second tonig ht and just introduce yo u to rhe Family Tree leaders. because o ur hope is that the y will be rran 111 oni ng 1nro the program and raking full respons1b1liry for ir. The Western Arapahoe County Ho mele ss Alhance Board " a ,olunteer gro up . None of us work for the orgamzauo n. We ha ve no paid staff. I wanr 10 introdu,e Ruth Ann Russell and Don Mosley. Ruth Ann Russell said hell o and thank yo u for hsrenmg to us thi s e vening and again thank you fo r all yo ur s upport . I am the Pres1denr of Famil y Tree. It 1s a not-for-profit th.al has been in business for 27 years. We pet·iahze in serv1 e to families in cns1s. We run a banered women 's sheller. a youth sheller and we have a homele»ne,s program where \\C help 600 families a )Ca r tind housmg and we have a counseling program for 1 ·um, <lf d1,on:e. separauon and domestic v1olen.:c . We are cxcucd about pnwiding services 10 En&lewood and Arapaho.:. Thi, 1, the tirst u me we ha ve had a program si te existing nghr here :ind we arc finding it very arm. vcr) \\tlco ming and \\Care excued 10 be 1n this partnership. We want to rcll yo u a story about a House of Ho pe rc '1denr. Dun ;\I , le) sa id I \\.lnt to thanl )OU fOf having me here 1o n1 gh1 and th.Ink the Cuy for all the s upport 11 has gl\c:n 1he House uf Hope I \\111 g1,e) u a ,'Ou ple of quick uus . Last year "e served 20'1 women and ,h1ldrcn at the Ho u,e o f Hope \\ht1 \\Crc ho mele~ and .:ame_to our pro1ram. The .ivera,c age of women who came through 5}'1 ,,f the ",imen "ere be t,.een 36 anJ ~S . the ne I lar11c t percentage was 16 ro 35. but we have~ i • • Englewood City Council March l, 2004 PageJ 1.,_J women as old as 65 who were grandmothers taking care of their grandchildren that had ended up homeless. We have had moms as young as 18 in the shelter. The one thing is that to come into the shelter you have to be a woman and yo u have to have children. So everyone who comes into the House of Hope is a family. The statistics give you a son of broad range of who we sec. but I wanted to tell you a couple of stories about some of the women who have come through the House of Hope. and a little bit about what we try to get them to do while they arc there. This woman we will call Betty. She had been homeless si nee June of 2003 and she had come out of a very severe domestic violence situation. Her husband had literally kept her locked in an apanment for about two years. not allowing her to go o ut unless he went o ut with her. That was bad enough, but she had two children. her oldest was in 5th grade and doing really, actually pretty well considering everything else going on . Her you ngest was three years o ld . She was 90% bli nd. she was unable to walk or talk and had a severe hearing impairment. She couldn 't even take her daughter out to the hospital or doctor without her husband accompanying her. He wouldn't allow it . She finally was able to get out and get to the police. She got a restraining order and ended up filing for divorce. That is when she ended up coming into the House of Hope. Her youngest daughter didn 't have a wheelchair, so she used a stroller and basically carried her upstairs to get her in and out. Her oldest daughter helped a lot to try to take care of her. Betty had an 8,. grade education. She really didn 't have any job skills because. again, she had son of been not allowed to work . We helped her find daycare for her three year old so she could work. We stancd helping her look for housing and helped her go back to get her GED. Thi s way s he could get a high school education and she wouldn't be in the situation where she could only take work that someone without a high school degree needed . And, he said, an interesting thing happened . At the same time . we had a private Jonor come to the House of Hope who wanted to do something for o ne o f the women here. He said I want to sponsor maybe some kind o f scholarship program. We said what we need is at Family Tree we have another program where we can give case management to women for two years in apartments and help them find jobs, keep things going , because the reason people end up back homeless is not just because they lose a job. but because they don 't have the skills 10 manage a budget. to take care of kids. to get 10 work on time ... all those kind of things . Betty was one of those who didn't have those skills. So we thought 18 months to 2 years with a case manager would be great. but we couldn 't find subsidized housing . This private individual from the community said. I will pay her rent for the next two years. as long as she will agree to come in yo ur program. She has now been in our housing program for four months. She is doing great o n her GED program. Her o ldest is in sc hool and her yo ungest is in a s pecialized day care for kids with her kind of disabilities . It 1s a great e~amplc. I think . of someone in the pri vate sector who has some means to step up and help so mebody. otjust give them a handout, but help them so that they can become self-sufficient . In 18 mo nths his ub s ,d y e nds. By then we arc e~pccting her 10 ha ve her GED and hopefully some job skills so s he can get a job and a n apartment o n her own. Another woman who recentl y came through was S:U ly . She has been homele ss for about three years. She came o ut of another domestic violence situation. but she had a different issue in that she was addicted to methamphetamines. What got her 10 stop her meth use. was. she found out she "'as pregnant. So she went into treatment and stopped using meth . When she c ame to the House of Hope ,he was recommended by one of the treatment providers. She c ame in to the House of Hope. had her baby while she was at the House of Ho pe. continued goi ng to drug treatment outside. continued going to NA mee11ngs . She was someone who had grown up in the Englewood area. she had gone to Englewood schools and her famil y had been in thi s area. She had an 11 '" grade educati on. so it didn't take much fo r us to help her get a GED. By the ume she left the House of Hope s he had found s ubsidized housing and was employed. and had found day care for her baby who had just been born . She i still off mcth . It 1s a daily battle for her and will be for a long time . She is going to her meet ings. She is suit in drug treatment and she keeps in touch "'uh us . The reason wo men end up in the House of Ho pe is not just because the y Jon't have money. or just because they don't have ~Job. There are a lot of different iss ue s . So me o f the wome n don't make it through our program. bcc:ausc 11 ,s Jn 1ntens1ve program a nd ,f you don 't work. we ask yo u 10 leave . We ha ve a list of women 11,,ho want to get in there ~nd do .ome1hmg . Yo u can be there 90 da ys and we will drug te,t o n ite . If someone want to come ,n and use drugs. the y Jre not goi ng to s ta y at the House of Hope. but ,f the y do 1unt to make some chanacs ,n their life. we w,11 give them the opponunit y and o ur s taff is great Jt 11 . I think 111 a wonderful thins that Enalewood has helped us ,o mu ch with 1h1s . Aga in . I think someumes we think the homeless come fro m ocher are:as . Currentl y. ~bout 60"', of o ur clients come from this area of Arapahoe: Count .. They have toes of problem .ind I think our taff ,s rcJll doing a good job . The City's support has been tcmfi,: .. from the Po h,e Dq,anmcnt to the Fire Department who come o ut o n our burnt toast and thing,. ,o thank )OU very much . 7. nscheduled isiton I Englewood City Council Man:b I, 2004 Page4 0 . a) Gerry West. 2890 South Ogden Street. said l just wanted to bring something to your attention . I don "t know if you paid attention lately, but western Douglas County is fighting a tr1111Sfer station. They don't have a transfer station for their garbage in Douglas County , whatsoever . They are all in Arapahoe County ... the only two in the south area. One of them happens to be right down off of Santa Fe. They are complaining about the vermin and disease that spreads within a five-mile radius of that transfer station, plus the traffic . Now l think if they are so proud of their fast growing county they ought to take care of their own garbage. That is my complaint. l think Englewood ought to talk to them about it. or talk to somebody, because we don 't need the traffic jam down on Santa Fe, which you know there is. Mayor Garrett thanked Mr . West. b) Anne Purkey said I go to Englewood High School. I am here toni&ht to ask the Council if they would be willing to give me a donation . because this summer I am looking to attend the National Student Leadership Conference in Washington. D.C. I think the skills I could acquire there would really help out my class and some of the student government classes in Englewood . I am currently class president and have been in student government for both years of high school. . .I am a sophomore . I think that this conference would really help me learn leadership skills that I could bring back to the community , so I could help our students become more involved . It feels that a lot of times, the st udents at the high school don't take much interest in politics and whatnot. I think that if I could come back with new information about politics and all of these kinds of things, it would really help the community. The total cost of the trip is $1,895 .00. I have just been trying to get as many different donations as l can and I reall y hope that you can help me out . Thank you . Mayo r Garrett said l told Ms. Purkey that we usually deal with these things during Council Members Choice. 8. Communications, Proclaamdoas and Appoia'-011 a) A resolution appointing Valerie Passerini to the Keep Englewood Beautiful Commission was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (a) -RF.sOLUTION NO . .&3, SERIES OF 2804. RESOLUTION NO . 43 . SERIES OF 2004 A RESOL UT ION APPOINTING VALER!E PASSERINI TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSI ON FOR THE CITY OF ENGLEWOOD. COLORADO . Vote results : Ayes : Nays : Motio n carried. Counc il Members Barrenti ne . Moore, Brads ha w. Garrett . Wolosy n. Yurch ic k. Tomasso No ne Mayor Ga rr en presented Ms . Passe rin i with a cenilicate and a City pin . b) A reso luu on appo in ting David A. Sprec:ice as an Associ :ue Judae for the En ale wood Mun ici pal Co un was consi dered . CO UNC IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (b ) -RF.sOLUTION NO. 44, SERIES OF lOIM. RESOLUTION NO . .W, SE RI ES OF ~004 Englewood City Council March 1, 2004 Page S 0 A RESOLUTION FOR THE APPOINTMENT OF DAVID A. SPRECACE AS AN ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD. COLORADO. Mayor Garrell asked if there was any discussion. There was none. Vote results: Ayes : Nays : Council Members Barrentine. Moore, Bradshaw. Garrell. Wolosyn. Yurchick. Tomasso None Motion carried . c ) Associate Municipal Judge David A. Sprecace was sworn in by Municipal Judge Vincent Atencio. There was applause Judge Atencio said David will be serving as an Associate Judge in the En&lewood Municipal Court. We have a pool of maybe a half dozen judges. we use during the time when I am not available . We really appreciate the job that our associate judges do and really look forward to having David come on board and help us out. Mayor Garrell and others congratulated Mr. Sprecace. 9 . Pubik Hearing No public hearing was scheduled before Council . IO . Consent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I) AND 10 (c) (I), (Ii), and (Iii), a) Approval of Ordinances on First Reading i) COUNCIL BILL NO. I. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A TRANSPORTATION/UTILITY EASEMENT ALONG SOUTH BANNOCK STREET BETWEEN THE CITY OF ENGLEWOOD. COLOR ADO AND DILLON REAL ESTATE COMPANY. INC. b) Appro val o f Ordinances o n Second Reading il ORDIN ANCE NO. IO . SERIES OF 2004 (COUNCIL BILL NO . 7. INTRODUCED BY COUNCIL MEM BER BRADSHAW) AN ORDI NANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINlNG TO THE GIS PILOT STUDY PROJECT ON SEWER SYSTEM MAPPlNG BETWEEN CHERRY HILLS SAN ITATIO N DI STRICT AND THE CITY OF ENGLEWOOD cl Resoluuons and Motions 1) APPRO ALOF JUN E 11. 20IW AS TiiE DATE FOR A CITY-WIDE PUBLIC SIDEWALK SALES E\'ENT. 11 ) 1 STALLATIO OF ART FOR THE MUSEUM OF OUTDOOR ARTS' 2004 DESIG BUILD PROGRAM . f Englewood City Council March 1, 2004 Page6 iii ) PURCHASE OF A LOADER BACKHOE FROM UNIVERSAL TRACTOR COMPANY. FOR THE PARKS DIVISION. IN THE AMOUNT OF $40,823.00. Vote results: Ayes: Nays : Motion carried. Council Members Barrentine. Moore. Bradshaw. Garrett. Wolosyn. Yurchick. Tomasso None 11 . Regular Agenda a) Approval of Ordinances on First Reading i) Lieutenant John Collins presented a recommendation from the Depanment of Safety Services to adopt a bill for an ordinance amending sections of the Englewood Municipal Code pertaining to Inoperable Vehicles. Off-Road Vehicles. and Trailers. He said the Code Enforcement Advisory Committee has previously sent these recommended changes and additions to City Council for review. City Council has taken quite a bit of time in deliberation of these changes. The bill. as written. has the suppon of the Depanment of Safety Services Police Division. Mayor Garrett asked if there were any questions for Lieutenant Collins. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 11. COUNCIL BILL NO. 11. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 15. CHAPTER I. SECTION 2. DEFINmONS; TITLE 15. CHAPTER 9, SECTION l. PERTAINING TO INOPERABLE MOTOR VEHICLES; AND ADDING ANEW TITLE 15. CHAPTER 9, SECTION 2. PERT AlNING TO OFF-ROAD (ORV) VEHICLES AND TRAILERS . OF THE ENGLEWOOD MUNICIPAL CODE 2000 . Mayor Garrett asked if there was any discussion. Council Member Bradshaw said I just want to thank the Code Enforcement Advisorv Committee for their work on this and John. you in particular for your input and patience. Lieutenant Collins ~id thank you. Vote results: Motion carried. Ayes : Nays : Council Members Barrentine. Moore. Bradshaw. Garrett. Wolosyn. Yurchick. Tomasso None ii ) Lieutenant Collins presented a recommendation from the Depanment of Safety Services to adopt a bill for an o rdinance amending sections of the Englewood Municipal Code pertaining to Outdoor Storage m Re sidential. Business. and Industrial Zoned Distncts. He said all Olher ordinances or poruons of. .. that arc inconsistent or m conllict with this ordinance. an: repealed. This bill for an ordinance c ulminated mo nths of review and recommendations by the Code Enforcement Advisory Committee to members of the City Council. This bill also has the support of the Depanmen1 of Safety Services Police Division. Mayor Garren asked if there were any questions for Lieutenant Collins. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II)· COUNCIL BILL NO. 10. t Englewood City Council March 1, 2004 Page7 COUNCIL BILL NO. 10. INTRODUCED BY COUNCIL MEMBER WOLOSYN 0 A BILL FOR AN ORDINANCE AMENDING TmE 15 , CHAPTER 7. OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW SECTION 4, RELATING TO OUTDOOR STORAGE IN RESIDENTIAL. BUSINESS AND INDUSTRIAL ZONED DISTRICTS IN THE CITY OF ENGLEWOOD . Mayor Garrett asked if there was any discussion . There was none. Vote resulls: Motion carried. Ayes: Nays: Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None iii) Director Ross presented a recommendation from the Department of Public Works to adopt a bill for an ordinance amending Title 11, Chapter l of the Englewood Municipal Code penaining to the use of gopeds/motorized scooters in the public right-of-way. He said we recommend two ordinances. Currently these types of vehicles fall into the category of toy vehicles and under the Model Traffic Code they arc prohibited to be used on the streets and can only be used on private propeny or on sidewalks. These vehicles arc capable of traveling about 30 miles per hour and the Public Works Dcpanment discussed this issue with the Englewood Transponation Advisory Committee. ETAC concurred with Public Works that three foot wide sidewalks designed to be used by pedestrians, bordered with parked cars on one side and landscaping on the other. and with the ever present danger of cars backing out of driveways. that this was not the suitable location for gopeds to be operated. Now the City could have prohibited the use of these vehicles like Douglas County. Thornton and Westminster, but the use of gopeds and motorized scooters has increased in popularity in the last five years. Responsible use of gopcds provides an alternate mode of transponation for our community. So we believe that we should take the course that Lafayette and Ft. Collins has taken and approve the use of gopeds on public streets. subject to ccnain provisions and restrictions. The provisions and reslrictions deal with OperalOrs being subject to the same duties and penalties appli cable to the drivers of vehicles under the Englewood Municipal Code. No person shall operate a gopcd or motorized scooter on the street that has a posted speed limit of greater than 30 miles per hour . All operators of these vehicles. that do not have valid drivers liccn,;c, must wear protective helmets and that helmet shall be secured in a safe manner . Now the helmet provision is not covered as part of Council Bill No. 12. It is addressed in Council Bill No. 13, which is the next item on the Agenda. If the City Council has any questions. I would be happy to try to address them. Mayor Garrett asked if there were any questions. There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 12. COUNCIL BILL NO . 12 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 11 CHAPTER I. SECTION I, SUBSECTION B. WITH THE INSERTION OF A NEW PART 4 AND PART 6. AND WITH THE ADDITION OF A NEW SUB :;ECTION C TO TITLE l l , CHAPTER I. SECTION l . UNDER DEFINITIONS PERTAINING TO GOPEDS/MOTORIZED SCOOTERS OF THE ENGLEWOOD MUNICIPAL CODE 2000. Mayor Garrett .1sked if there was any discussion . Council Member Wo losyn said I would like to say that. although I am in perfect agreement that these vehicles do not bc:l ong on sidewalks . and I think that ETAC staff and Council did a good Job of writing this ball. I. myself. don ·1 feel that co mfonable that this is the solution to the nuisance and safety issues . So. she said. I will be voung against 11 . Englewood City Council March 1, 2004 Page8 Well said , Council Member Bradshaw said . Vote results: D Ayes : Council Members Barrcn1 ine. Moore, Bradshaw, Garrett, Yurchick. Tomasso Nay s: Council Member Wolosyn Mo1ion carried . iv) A bill for an ordinance amending 1he Englewood Municipal Code by adding a new subsec1ion 10 1he Model Traffic Code regarding helmel rcquiremenlS for opera1ors of gopeds/motorizcd scooters was considered . Mayor Garrett said I believe Mr . Ross has made his presentation for Council Bill No . 13 . Do you have any questions specifically for him on Council Bill No . 13 . wh ich is the helmet regulation? There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv) • COUNCIL BILL NO. 13. COUNCIL BILL NO . 13 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 11. CHAPTER I. SECTION I, SUBSECTION B OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE INSERTION OF A NEW PARAGRAPH 7, WHICH ADDS A NEW SUBSECTION (d) TO SECTION 220 (I), OF THE MODEL TRAFFIC CODE 1995 , PERTAINING TO HELMETS REQUIRED FOR PERSONS WITHOUT A DRIVERS LICENSE WHil.E RIDING GOPEDS/MOTORIZED SCOOTERS . Mayor Garren asked if lhere was any discuss ion. There was none . Vote results: Mo1i on carried . Ayes : Council Members Barrcn1ine. Moore . Bradshaw, Garrett. Wolosyn. Yurchick. Tomasso Nays: None b) Appro val of Ordinances on Second Reading i) Council Bill No . 8, a bill for an emergency ordinance approving an Amendment 10 the Agre emenl Regard ing De sig n and Co nslruction of Drainage and Flood Conuol lmprovemenlS for Marc y Gulch a1Eng lewood Di1c h was co nside red . Ma yo r Garrell said 1hi s 1s an emergenc y ordi nance. whic h means ii goes in10 effec t immed iatel y if we pass i11his eveni ng. CO UNC IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA IT EM 11 (b) (1)-0RDINANCE NO. 11. ORDI NANCE NO . 11. SE RI ES OF 2004 (COUNC IL BILL NO. 8. INTRODUCED BY COUNCIL MEMBER BRADSHAW ) AN EMERGENCY ORD INANCE AlITHORIZI NG AN AMEN DMENT TO THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN URB AN DRAIN AGE AND FLOOD CONTROL DISTRICT. THE CITY OF ENGLEWOOD . COLO RADO. ANO CENTENNIAL W ATER ANO SANITATION DISTRICT FOR DESIG AND CONSTR UCT ION OF DR AINAGE AND FLOO D CONTROL IMPROVEMENTS FOR MAR CY GU LCH TE GLEWooo ·s CITY DITC H. Englewood City Council March l, 2004 Page9 Mayor Garrell asked if there was any discussion. There was none. 0 Vote results: Ayes : Council Members Barrentine. Moore, Bradshaw. Garren. Wolosyn, Yurchick, Tomasso Nays : None Motion carried. ii) Council Bill No. 9. a bill for an ordinance repealing the Title 4, Chapter 6 of the Englewood Municipal Code pertaining to Admissions Tax . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II) -ORDINANCE NO. 12. ORDINANCE NO . 12. SERlES OF 2004 (COUNCll. Bll.L NO. 9. INTRODUCED BY COUNCll. MEMBER WOLOSYN) AN ORDINANCE REPEALING TITLE 4. CHAPTER 6. "ADMISSIONS TAX' OF THE ENGLEWOOD MUNICIPAL CODE 2000. Council Member Bradshaw said I will be voting against this . I voted for it and I don't know why ... it was a lapse. In our issues with budget . this would cenainly be a good way for us to increase our revenues, so I will be voting against this. Mayor Garrett asked if there was any discussion. There was none. Vote results: Motion camed. Ayes: Nays : Council Members Barrentine. Moore. Garren. Wolosyn. Yurchick. Tomasso Council Member Bradshaw cl Resolutions and Motions i) Manager Stowe presented a recommendation from the Littleton/Englewood Wastewater Plant Supervisory Committee to approve. by motion, the lease of four new over-the-road tractors with AIM NationaLease. in the amount of S416.400.00. He said we arc here to present a long term lease agreement for over-thc,road tractors that arc in our beneficial use program . They haul the trailers that take the bio,solids. otherwise known as sludge. from the Treatment Plant out to our wheat fields . It is a five year lease and it is replacing the lease that we have had in place with Ryder for quite some time . We negotiated a new lease through the bidding process and recommend approval. Mayor Garrell asked if there were any questions for Mr . Stowe. There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) • THE LEASE OF FOUR NEW OVER· THE-ROAD TRACTORS WITH AIM NA TIONALEASE. IN THE AMOUNT OF $416,~.00. Ma yor Garren asked if there was any discussion . There was none . Vote results : Ayes : Nays : Monon camed. Council Members Barrentine , Moore . Bradshaw. Garrett. Wolosyn. Yurchick. Tomasso None t t • • Eqlewood City Council March 1, 2004 Page 10 0 ii) Director Ross presented a recommendation from the Public Works Depanment 10 approve, by motion. the Big Dry Creek Trail Improvements {Phase I) Project. He said Englewood, Littleton, and South Suburban Parks Foundation have been working together for a number of years toward completing Big Dry Creek Trail. That work has taken us from the Plane River to Progress Park and this Phase would gel us from Progress Park to Lebow Avenue. We have obtained funding from DRCOG and Federal TEA-21 funds to the tune of $600,000.00 and this will make a pretty nice dent toward the estimated cost of I.S million dollars . The eight bids were received and they were opened on February 1~. The engineers' estimate was $655,000.00 and Wycon Construction Company came in with a low bid of $399,000.00, so we are recommending that City Council authorize us to award this contract. Mayor Garrett asked if there were any questions for Mr. Ross . Council Member Y urchick said what happens to the rest of the money? Mr. Ross said that will go towards Phase U which will take us from Lebow Avenue to Broadway. So that money will roll over into Phase II as soon as that design and the right-of-way has been completed. Council Member Bradshaw said l will have to abstain from this, since I am the Chair of the Foundation. But kudos to Ken and the City staff ... couldn't have done it without you guys ... panicularly Dave Henderson who l understand has been incredible. So please pass that along to him. Mr . Ross said thank you. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {c) {11) -THE BIG DRY CREEK TRAIL IMPROVEMENTS {PHASE I) PROJECT. Mayor Garrett asked if there was any discussion. There was none . Vote results: Ayes : Nays: Abstain: Motion carried. 12. General Discussion a) Mayor's Choice Council Members Barrentine. Moore, Garrett. Wolosyn. Yurchick. Tomasso None Council Member Bradshaw i) Mayor Garrett said we have two things that were brought up during scheduled and unscheduled visitors. The House of Hope is asking that we draft a letter. which is a suppon letter. I would like to ask Council's tcelings on whether we want to do such a letter. Council Member Bradshaw said absolutely and others agreed. City Manager Sears said we can prepare that for your signature. Mayor Garren asked 1f all of Council would like to sign this one. Ms . Bradshaw said l think that would be nice. Mr. Garren said 1 think it would be a nice thing to do, if we all signed it. Mayor Garren sa,p next. Ms . Purkey has requested some funds to attend the Student l.e;idcrship Conference in Washington. D .C . 1 guess the fi rst thing we sho uld ask for is our budget report. Mr. Yurchick said we haven't spent anything. Ms . Bradshaw said could we do $200.00 for her? Is that fair? Mr . Yurchick said S2SO.OO maybe. Mayor Garren said didn't we do this last ycv'? Ms. Bradshaw said we did it with Up Close. that is a group. S he 1s goinii as an individual. Ms. Wolosyn said S2SO .OO is a lot, do we want to preface this or qualify it ? We don't have that kind of budget to help everyone ... I don't mind doing it, but I just feel like should we say ... ma ybe one student a year. Mr. Yurch1ck said I thought it was intended to be "first come. first served." Ms . Bradshaw s",J chat is how I thought we handled it and when we arc out. we arc out. Ms. Wolosyn said o kay . that 's good. 0 Englewood City Council March 1, 2004 Page 11 0 COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE CONTRIBUTING $250.00 TO ANNE PURKEY TO ATTEND THE STUDENT LEADERSHIP CONFERENCE IN WASHINGTON D.C. Mayor Garren asked if there was any discussion . There was none. Vote results: Ayes : Nays: Motion carried. Council Members Barrentine. Moore, Bradshaw, Garren, Wolosyn, Yurchick, Tomasso None Mayor Garrett said Ms . Purkey was going to give Lou Ellis her phone number. City Clerk Ellis said I have it. City Manager Sears said we will give her a call tomorrow morning. b) Council Members ' Choice i) Council Member Barrentine said usually I lead off with the Police Department. but you arc going to have to take second fiddle to Ken Ross this time. who did an excellent job in responding to a constituent of mine who lives right across from the high school and was having a lot of concerns. Not only did he address this from his own department. but did a fantaStic job of getting everybody involved. together rather quickl y and they met with her within a week . So I would like to recognize everybody who panicipated in addressing thi s with her. That was Ken Ross. Ladd Vostry with Public Works. Sgt. Jeff Sanchez with Safety Services. along with Marilyn Lamb and Nancy Wilson from Safety Services. And then of course. the Police Department comes in with Officer Don McLennan who panicipated and then we had Teresa Baldwin with the Englewood High School . I understand she is the Dean of Students over there . She was very happy with a lot of the solutions that came up and very positive in trying to move forward on addressing some of those community issues. It was just impressive and thank you very much for doing that. ii ) Co uncil Member Bradshaw said Council usually makes a contribution in flowers or something. Fo r the Milligan 's there are s ix different charities that they have rccommendcd ... one is Englewood United Methodist Church Memorial Fund , Englewood United Methodist Church Scholarship Fund, the Tom Murphy Scholars hip Fund . Malley Center Trust Fund, University of Colorado Student Loan Fund for medical sc hool or the Englewood Rotary Sc holarship Fund. City Manager Scars said I think the Tom Murphy Sc ho lars hip Fund is related to the s wimming program at CU. Ms. Bradshaw asked if anyone had a preference. D isc uss io n e ns ued . Ms . Bradshaw sa id I kind o f lean towards the Englewood Rotary S.:holarship Fund. because he staned the Ro tary. Ms. Wo los yn said th a t is the o ne I was going for. City Manager Scars said yes. he was a fo unding me m ber. It was Jccided th at th ey wo uld mak e a contributio n to the Englewood Rotary Scholarship Fu nd . mstead of tlowers . iii) Counci l Member Wo losyn said I would like to mo ve the resoluti o n I di sc ussed in Study Session. I wo ul d like to a mend it to read 80% o f the estimated value of revenues . in place of 90%. Clerk·s note : T his was li sted o n th e Agenda as Item 12 (bl (i).] CO NC IL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. -IS . S ERIES OF 2004 AS AMENDED TO READ 10~ OF THE ESTIMATED VALUE OF REVENUES", IN PL.ACE O.' 90 %. RESOL UT ION 0 . -'5 , SE RI ES OF '.!00-I A RESOLUTION IN SUPPORT OF AN EQU ITABLE AL LOCATION OF STATE AN D FEDERAL TRANSPORT TION DO LLARS TO THE METROPOLITAN DE NVER REGION . t J Englewood City Coundl March 1, 2004 Pagel2 Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes : Nays : Motion carried. Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn. Yurchick, Tomasso None iv) Council Member Yurchick said I may not be here the s• and the 15"'. The continuing saga of the vacation of Pecos goes on. When it was vacated five yean ago, it came down to who would blink first. Englewood would vacate their half first or Denver would vacate their lwf. Well Englewood vacated their half ... Denver dropped the ball . So it is coming up for first reading on the 8"' and second reading on the 15"' and l want to make sure to be there and make sure that it doesn't get dropped again . v) Council Member Tomasso said I would like to thank the Council for approving my attendance at the Second Annual "Building Livable Communities in Colorado." I will try to have a report to you next week. They didn't review the material they gave us and there is quite a bit. They just said we could read it later. 13 . City Manqer's Report a} City Manager Sears said I would like to say thanks to Chris Olson and to the Fire Division in panicular. It was after the Council meeting that they had given me a call to head up there. Dr . Milligan and his wife had been participants in the Rotary Program. which I am President of and participating in. It kind of made my hean stop for a minute, when l came to the top of that hill up there. I know that they really did everything to try to save his life . Mr. Sears said Council Member Yun:hick said he apprecillled the way they had handled this ... very professional. The staff. in conjunction with Swedish. really did e\·erything possible to save his life. It was just really unfortunate. The responsiveness by that depanment. is reflective. I think, of the employees in thi & organization. I, as the Manager. just wanted to say thanks . b) City Manager Sears said I want to note that Mike Aaheny has been involved with the Centennial project ... this is the Swedish Centennial project ... and there is a meeting Thursday morning at 8 o'clock here . Next year is the Swedish Centennial and if there is a Council member that would like to participate on that, it would be good. Council Member Wolosyn said I would like to because Cultural Arts is participating in it 14 . City Attorney's Report City Allorney Bro1zman did not have any mancrs 10 bnng before Council. 15 . Adjournment t PLEASE PRINT NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: March 15, 2004 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS t TOPIC 0 Date: March 15, 2004 Initiated By: Information Technolo 0 C_J . COUNCIL COMMUNICATION Agenda Item: 10 a i Subject: Intergovernmental Agreement (IGA) with City of Cherry Hills Village for IT Procurement and Su ort Services Staff Source: Don In le, Director of Information Technolo COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On August 8, 2003, Council approved an Intergovernmental Agreement (IGA) with the City of Cherry Hills Village authorizing Information Technology staff to perform a compensated analysis of network technology needs. RECOMMENDED ACTION Approval of an Ordinance to enter into an agreement with the City of Cherry Hills Village to provide ongoing Information Technology Procurement and Support Services as a supplement to the previously approved Intergovernmental Agreement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Englewood Information Technology Department staff recently completed a project to develop recommendations for the City of Cherry Hills Village outlining recommendations for expanding and improving their computer network. As a result of this successful engagement, Cherry Hills Village wishes to continue the relationship with the Englewood IT Department by seeking assistance with procurements for information technology systems and services , as well as providing time and materials support for the new Cherry Hills Village computer network. Per the terms of the proposed agreement, any procurement assistance engagement must be accompanied by a "letter of engagement" approved by both parties listing the tasks, estimated hours and compensation to th e City of Englewood based on hourly rates included in the IGA. The support services element of the IG A calls for Engl ewood IT staff to provide ad hoc support for the new Cherry Hills Village computer n etwork and a5 oc iated users . Given the small nature of the Cherry Hills Village computer operation a pproxi mat ely 18 PC s) and the use of new, stable and state-of-the art technologies recommended by En glewood staff, it is felt that providing these ad hoc services will not detrimentally impact other IT support services w h ile provi ding a n ew source of revenue . FINANCIAL IMPACT Hourly rates for IT se rvi ces are outlined in the prOf~osed IGA. These rates were developed using the same genera l me th odology applied by the Public Works Department in providing fleet maintenance services for Ch erry Hills (staff h o uri w ages, plus benefits and general overhead, plus a 20% margin \. Because the use of Engle\ ood IT se rvices under the IGA are accrued on an •as needed· basis, income from the IGA will depend on the ac tua l consumptio n of services by Cherry HiHs Village . No additional equipment, software or m erhead are req uired b th e City in o rder prov ide the outlined support services. LIST OF ATTA<!HMENTS Proposed Ordinance 0 ORDINANCE NO. SERIES OF 2004 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO INFORMATION TECHNOLOGY PROCUREMENT AND SUPPORT SERVICES BETWEEN CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD. WHEREAS, the City Council of the City of Englewood approved an IGA with Cherry Hills Village authorizing the Englewood Information Technology Department to perform a compensated analysis of network technology needs of Cherry Hills Village by the passage of Ordinance No. 54, Series of 2003; and WHEREAS, the Englewood Information Technology· Department recently completed the analysis for Cherry Hills Village outlining recommendations for expanding and improving their computer network; and WHEREAS, Cherry Hills Village wishes to continue the relationship with the Englewood IT Department by seeking assistance with procurements for information technology systems and services, as well as providing time and materials support for the new Cherry Hills Village computer network; and WHEREAS, the small nature of the Cherry Hills Village computer operation and use of new, stable and state-of-the art technologies recommended by Englewood IT Department, will not detrimentally impact other Englewood IT Departmental support; and WHEREAS, the passage of this Ordinance authorizes entering into an intergovernmental agreement with Cherry Hills Village for the Information Technology Procurement and Support Services NOW, THEREFORE, BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OFENGLEWOOD,COLORADO,ASFOLLO Section I . The Intergovernmental Agreement pertaining to Information Technology Procurement and Support Services between Cherry Hills Village and the City of Englewood, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the intergovernmental agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on fi rst reading on the 15th day of March, 2004. 1- Published as a Bill for an Ordinance on the 19th day of March, 2004 . Douglas Garrett, Mayor ATTEST : Loucrisbia A. Ellis, City Cleric I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colondo, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 1Sth day of March , 2004. Loucrishia A. Ellis 2- t 0 ~--- l_J INTERGOVERNMENTAL AGREEMENT (IGA)-FOR INFORMATION TECHNOLOGY PROCUREMENT AND SUPPORT SERVICES THIS AGREEMENT, entered into this Zi10 day of £YJ4(© . 2004 by and betWeen the City of Englewood , whose address is 1000 Englewood Parkway, Englewood , ColoradO 80110, and the City of Cherry Hills Village , whose address is 2450 E. Quincy Avenue, Cherry Hills Village, CO 80113. TERMS OF AGREEMENT NOW THEREFORE. IT IS AGREED by and between the City of Englewood and the City of Cherry Hills Village that 1. The City of Englewood shall provide the following services : a) System Procurement Assistance, including but not limited to the following services : Determining system functional requirements Developing baseline technical speciftcations Consulting with Cherry Hills Village on development of RFP's Coordinating the bid process . including evaluating and scoring bids Assisting with contract negotiations with the successful bidder b) Ongoing Technical Support, including but not limited to the following services: Hardware maintenance and repair Providing end-user technical support The following additional attachments are made a part of this Agreement Exhibit A -"Fee Schedule"; Exhibit B -"Statement of Work." 2. The City of Englewood will proceed with the perfom,ance of the services called for herein on the date of Agreement execution and shall terminate on December 31, 2005 .. The City manager or his/her designee may negotiate three additional one (1) y..-periods at updated pricing. 3. The City of Englewood shall repair systems idenlitied in this Agreement in a good, workmanlike manner. 4. The City of Englewood and the City of Cherry HIils Village agree not to : refuse to hire, discharge, promote , demote or discriminate in any manner of compensation ; performance , services or otherwise , against any person otherwise qualified solely because of race . creed , MX, color, national origin or ancestry . 5. The Agreement may not be modified , amended or otherwiM altered unless mutually agreed upon in writing by both parties . 6 . The City of Englewood by and through its employNI and agents shall be contidered far all purposes of the Agreement to be independent contractorl and not employNI of the City of Cherry Hills Village . I • I , T A t 7 . The City of Cheny Hills Village by and through its employees and agents shall be considered for the purposes of this Agreement to be Independent contJactDrs and not employees of the City of Englewood . 8. The City of Englewood shall not assign or transfer its interest in this Agreement without the written consent of the City of Cherry Hills Village, Which consent may be withheld or denied for any or no reason . Any unauthorized assignment or transfer shall render the Agreement null, void and no effect as to the City of Cherry Hills Village. 9. The City of Cherry Hills village shall not assign or transfer its interest in the Agreement without ' the written consent of the City of Englewood, which consent may be withheld or denied for any or no reason . Any unauthorized assignment or transfer shall render the Agreement null, void and of no effect as to the City of Englewood . .· .. ,, 10. The City of Englewood shall be responsible for the professional quality, technical accuracy , timely completion and the coordination of the services to be provided under this Agreement The City of Englewood shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its services related to the Agreement. 11 . Either party of the Agreement may terminate the Agreement by giving to the other party 30 days notice in writing with or without good cause shown . Upon delivery of such notice by the City of Cherry Hills Village or the City of Englewood and upon expiration of the 3Q.day period, the City of Englewood shall submit a statement, showing in detail the services performed under the Agreement to the date of termination . The City of Cherry Hills Village shall then pay the City of Englewood promptly that proportion of the prescribed charges which the services actually performed under the Agreement bear to the total services called for under the Agreement, less such payments on account of the charges as have been previously made. 12 . All notices and communications under the Agreement to be mailed or delivered to the City of Englewood shall be to the following address : IT Operations Manager City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 All notices and communications pertaining to the Agreement shall be mailed or delivered to the City of Cherry Hills Village at the following address: City Clerk City of Cherry Hills Village 2450 E. Quincy Avenue Cherry Hills Village , CO 80113 13. The terms and conditions of the Agreement shall be binding upon each City , its successors and ass igns . 14 . Nothing herein shall be construed as creating any penonal liability on the part of any offlcer or agent of any public body that may be party hereto , nor shall it be ~ • giving any rtgt,1a or f 0 . benefits hereunder to anyone other than the City ol Cherry Hila Village and the City <:A Englewood . • • IN 'MTNESS 'MiEREOF, the parties hereto have eJC9CUlld 111i1 ~Itthe day and yw wr1llln above . ATTEST: APPROVED AS TO FORM: CITY OF ENGLEWOOD, COLORADO Douglas Garrett, Mayor ATTEST: City Clerk or Deputy City Clerk Exhibit A -Fee lc:hedule Aa further specified in this Agreement and Exhibit B altached hnlo, the City of Englewood shall perfonn the services called for at the piaf111iorlal servtca ,.... autllnld below, baled on the actual staff MIVic:ea provided . lf In addition, where It may be mutually determined that the City of Englewood shall provide any par1s or outside vendor MMCeS, the City of Englewood's com plus• twenty percent (20%) handling r.e shall apply . l \ ' . 1 _ __). EXHIBIT B -STATEMENT OF WORK 1. GENERAL This document represents the general Statement of Work (SOW) for performing the S81Vices generally ouUined in the "Intergovernmental Agreement -Information Technology Procurement and Support Services· between the City of Englewood, Colorado ("Englewood•) and the City of Cherry Hills Village , Colorado ("Cherry Hills Village") dated 2004. 2. PURPOSE FOR STATEMENT OF WORK The purpose of the governing Intergovernmental Agreement (IGA) is to authorize staff from the City of Englewood to provide information technology professional services to the City of Cherry Hills Village in the general areas of System Procurement Assistance and Ongoing Technical Support. The referenced IGA and the Exhibits attached thereto establish the general terms, conditions and guidelines to be applied in the execution and actual provision of said services. as further described below : system Procurement Assistance·: From time to time , the Cherry Hills Village may engage Englewood to assist with technology-related information system procurements and implementations as further outlined in Paragraph 1 of the IGA. Before each engagement, a formal "Letter of Engagemenr shall be developed and signed by authorized officials of both parties outlining the engagement's purpose , tasks to be performed . deliverables, timelines, and the estimated hours and associated costs required to complete the engagement in accordance with the rates included in Exhibit A of the IGA. ongoing Technical Supporr: Pursuant to the terms and conditions of the governing IGA, Englewood will supply Cherry Hills Village with hardware maintenance and repair assiatance and end- user technical support for network infrastructure, PC clients. networked peripherals (e .g. printers. scanners, etc.) and associated operating systems . Cherry Hills Village shall be solely responsible for the execution and maintenance of system backups and management of related backup media, as well as the acquisition and maintenance of outside support agreements with providers of proprietary computer systems used by Cherry Hills Village . As necessary to assist with troubleshooting requests , Cherry Hills Village agrees to make outside support providers avaihable to Englewood staff as necessary to successfully remediate the issues in question . In the event that system repairs or system enhancements authorized by Cherry Hills Village require the purchase of hardware, software or outside professional se,vices, said purchases shall generally be made directly by Cherry Hills Village with advice and assistance from Englewood staff. Englewood will advise Cherry Hills Village on potential intergovernmental purchasing agreements or other procurement alternatives available to it for hardware and software , and shall assist in the development of specifications and requirements for other third-party deliverables required to address the targeted needs. Cherry Hills Village shall be responsible for ensuring that all internal approval requirements are addressed before authorizing Englewood staff to assist in the execution of third-party purchaes. Both parties may from time to time determine the need for Cherry Hills Village to purchase and stock spare hardware at their facility in order to ensure more timely resolution of possible system interruptions. Both parties agree to the use of a remote access and troubleshooting product llcenled to the City of Englewood called "Remotely Anywhere •. 'M1ere warranted , this method may rNUlt in more effec:tive and timely correction of system issues and avoidance of unnec:euary trllvel COits and on-lite troubleshooting time . The product will allow Englewood staff to gain remote acces1 to Cherry Hill Vdlage PC clients and/or servers via a secure Internet connection to both sitn. Application of lhia product during troubleshooting events w ill only take place via remote granting of session acces1 by Cherry Hill Village staff per the security features of the software. Cherry Hills Vdlage is not required to purchaM additional software or services from the City of Englewood or the software developer tr 1tilize thil option . I • ' • The following Cherry Hills Village positions n authorized to place requests for service with the City of Englewood : City Clerk, Records Clerk. Dnctor of Flnanc:e and Adninistration, City Manager. Service requests should be placed to the assigned Englewood PC Support Technician at 720 .989.6843 cell) or 303 .783 .6839; or, the Englewood IT Operations Manager at 303 .762 .2387 (desk) or 303 .nS.1762 (cell), during the support hours of 7:30 A.M. to 4:00 P.M., Monday through Friday , excluding the holidays observed by each City . Englewood shall use its beat efforts to resolve emergency and urgent requests for service upon niceipt of such a request In all other non-emergency situations, Englewood guarantees a response to a request for services within four (4) business hours (as noted above) of its receipt of the request This guaranteed response time is not a representation that the requested services will be fully performed and completed in the four (4) business hours . Normal support activities by Englewood staff shaU first take place via the services of an assigned Englewood PC Support Technician . If, baaed on triage activities , the Englewood IT Operations Manager determines that additional staff expertise ls required to ef'llcienUy and effectively address a service request. prior authorization will be sought from the Cherry HIiis Village . Likewise, IOlic:itatlon of outside services by Englewood staff to assist with service requests shall require the prior authorization of the Cherry Hills Village . 3. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY ENGLEWOOD Mth the exception of the "Remotely Anywhere " access too l ouUined in Section 2 above , or such incidental software utilities or testing equipment the City may apply in the course of addressing a service request , the City of Englewood shall not be responsible for independenUy supplying other equipment, parts or software to perform maintenance and support services. Baaed on the general list of supportad systems included in Section 2 above, it ii ITMU8lly acknowledged that programming and configuration work to be performed by Englewood staff lhal rwnain within the general realm of quoted staff expertise, including : CISC or Intel-baled ....,.,.., client PCa and related peripherals; IMndows-baaed client and network operating systems; and lnduatry standard data communication devices and operating systems, including such specitlc sylteml • Englewood may recommend and support as a result of an official System Procurement Aaaiatance engagement 4. LOCATION OF WORK FACILmES Substantially all of the work will be conducted by Englewood either at Cherry Hilla City Hall locallld at 2450 E. Quincy Avenue , Cherry Hills Village, Colorado , or at the Englewood Civic Center locatlld at 1000 Englewood Parkway, Englewood , Colorado. · CRerry Hills Village will provide the Cherry Hilla Village office space and support as it agrees may be appropri ate , at its City Hall facility . J' ORDINANCE NO. SERIES OF 2004 BY AUTHORITY 0 . COUNCIL BILL NO . I INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING ACCEPrANCE OF A TRANSPORTATION/UTILITY EASEMENT ALONG SOUTH BANNOCK STREET BETWEEN THE CITY Of ENGLEWOOD , COLORADO AND DILLON REAL ESTATE COMPANY, lNC. WHEREAS, the City Council of the City of Englewood, Colorado approved the vacation of the Trolley Square Planned Development by the passage of Ordinance No. 86, Series of 2003; and WHEREAS , Ordinance No . 86, 2003 repealed the 1996 Planned Development overlay district regulations : and WHEREAS, a Development Agreement between the City and Dillon Real Estate Company, perlaining to land dedication for future West Floyd A venue roadway improvements and a Bannock Street Transponation and Utility Easement was a condition of Ordinance No . 86, 2003; and WHEREAS. the passage of this Ordinance authorizes the acce()Wlce of the Transportation/Utility Easement along South Bannock to capwrc the exiting sidewalk and utilities built along South Bannock Street ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY Of ENGLEWOOD. COLORADO, AS FOLLOWS : The_ Dedication Of Easement between Dillon Real EslalC company, Inc . and the City of Englewood, Colorado, IUaChed hereto II Attacbment I , is hereby accepled and approved by the Englewood City Council. Ss:!aiwl.l . The Mayor is aU1hori7.ed to execure and the City Clerk to aaest and seal the Dedication Of Easement for and on behalf of the City of Enp:wood, Colorado . Introduced, read in full, and passed OD first reading on the 1st day of March, 2004. Published as a Bill for an Ordinance on the 5th day of March, 2004. Read by title and passed on ftnal reading on the 15th day of March, 2004 . Published by ti tle as Ordinance No. __, Series e f 2004, OD the 19'k day of March, 2004 . Doualu Garrett. Mayor ATTEST : Loucrishia A . Ellis, City Clerk 1- 10 bi I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title u Ordinance No. _, Series of 2004. Loucrishia A. Ellis 2- DEDICATION OF EASEMENT 0 J THIS DEDICATION OF AN EIGHT FOOT (8') WIDE TRANSPORTATION/UTILITY EASEMENT ALONG SOUTH BANNOCK ST~T to caj>turc the exiting sidewalk and utilities built along Bannock Street, made this !!::'day of _f __ -_b_~---t-t------- 2004, by and between the DILLON REAL EST ATE co.,iRc. a Kansas Corporation (Grantor) and the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, Englewood (Grantee); WHEREAS, Dillon Real Estate Co ., Inc . is, by warranty deed, fee owner of real propeny located in the County of Arapahoe, State of Colorado, as described in Exhibit A; and WHEREAS, it is essential that Englewood have continuous and uninterrupted use of the eight foot (8') wide Transportation/ Utility Easement along South Bannock Street to capture the elliting sidewalk and utilities built along South Bannock Street without interference from any other pany; and WHEREAS , any damage or interruption to the eight foot (8') wide Transportation/ Utility Easement along South Bannock Street to capture the exiting sidewalk and utilities built along South Bannock Street would result in significant actual and consequential damages ; and NOW, THEREFORE, for and in consideration of the sum of Ten Dollars (SIO) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Dillon Real Estate Co., Inc ., for itself, its successors and assigns, hereby GRANTS , BARGAINS, SELLS AND CONVEYS TO GRANTEE (CITY), ITS SUCCESSORS AND ASSIGNS, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. AS FOLLOWS : An eight-foot (8 ') wide Transportation/ Utility Easement along South Bannock Street to capture the ex.iting sidewalk and utilities built along South Bannock Street describc:d in fahibit A attached hereto, "THE EASEMENT AREA"; I . Grantor shall construct no pennanent improvements in the Easement Area but shall maintain, repair and renew its landscaping in the Easement Area at its own ellpense and shall make no substantive changes except with prior approval of Grantee . Grantor shall maintain the curb, gutter and·sidewalk pursuant to the requirements of the Englewood Municipal Code. 2. The construction of any improvements by Grantee in the Easement area shall be constructed, operated, maintained. repaired. extended, renewed and/or reconstructed , in conformity with plans. specifications and method of construction prepared by Grantee . 3 . Grantee shall bear the entire cost and .:xpense incurred in coMection with the con struction , maintenance, repair , and renewal and any and :ill modification, revis ion . extension . relocation . removal , or reconstruction of Grantee's improve ments, now or hereafter made in the Easement Area Cll CCJ>t for the A t t a C 1 m e n t l 4 . 0 . existing curb/gutter and sidewalk. Grantee shall return all of Grantor's improvements to the condition existing prior to Grantee's work upon completion of Grantee's work. Grantee shall repair any damage to the curb, gutter and sidewalk resulting from Grantee 's wor!c. Grantor shall indemnify and bold harmless Englewood from and against any and all liability , loss, damage, claim, demand, cost, expense of whatsoever nature, including coun costs and attorney fees which may result from injury to or death of persons whomsoever, or damage to or loss of or destruction of property whatsoever, including damage to pipelines, equipment or other property of Grantee caused by the existence of improvements of Grantor, or the operation, construction, maintenance, repair, extension, renewal, modification, reconstruction, revision, relocation, or removal of improvements of Grantor or any part thereof. S. Grantor warrants that it is the fee simple owner of the property described in Exhibit A and that Grantor bas full right. title, and authority to grant the easement and right of way to Grantee. Grantee acknowledges Grantor bas a fee simple interest that property described in Exhibit A and further acknowledges that Grantee bas no rights to any portion of the property described in Exhibit A other than as described herein. Grantor reserves the right to use the Easement Area for purposes not inconsistent with the grant herein . 6 . Grantee shall not impair subjacent and lateral support of Grantor's property. 7 . Each and every one of the benefits and burdens of this grant of easement shall inure to and be binding upon the parties hereto and their legal representatives. successon, and assigns. 8. Grantee does not relinquish any authority, rights, or privileges it may exercise as a Colorado home rule city. 9 . This agreemem supersedes any and all agreements, written or oral. heretofore entered into between the parties or their predecessors. IN WITNESS WHEREOF, the parties hereto have executed this Dedication of Easement the day and year first above written. STATE OF 01,410 ) ss COUNTY OF KAM1t,;p,J } GRANTOR: DU:cREAL !/TATE CO .• INC.,...._ The foregoing instrument was acknowledged before me this~ day of ~ .. y. .,. 1 ___ ,, 2004 by ,-.aw· tteCd"'--, as Vic.&. £!esident of Dillon Real Estate Co., Inc., a Kansas corporation. ,. Witness my hand and official seal. vty Commission expires : SYLVIA H. COOK fi t!bmifiN\lbfl _,JI M HMP 12 2005 ATTEST Loucrishia A. Ellis , City Clerk Notary GRANTEE: CITY OF ENGLEWOOD, COLORADO a municipal corporation Douglas Garrett, Mayor 0 J EXHIBIT A PAGE 1 Of 2 LEGAL DESCRIPTION Transportation/Utility Easement, 3400 Block of South Bannock St. AJ.\I 3.00 FOOT WIDE PARCEL OF L.\J.'ID LOCATED IN THE SOCTHWEST QliARTER OF SECTION 34. TOIDi'SHIP 4 SOCTH, RANGE 68 W OF THE SLTIH PRINCIPAL MERIDIAN, COUNTY OF AR.-\.PAHOE. STATE OF COLORADO, MORE PA.RTICliL..\RL Y DESCRIBED . .\S FOLLOWS : COMNlENCING . .\ T THE :-iORTHE.-\ST COR.\iER OF THE SOL 'THEAST QUARTER OF THE SOL"THWEST QC ARTER OF SAID SECTION 34; THENCE S89°53'0l "W, ALONG THE NORTH LINE OF THE SOL"THE .-\ST QCA.RTER OF THE SOUTHWEST QCARTER OF SAID SECTION 34. A DIST.~\iCE OF 50 FEET TO THE \VEST RIGHT-OF-W . .\ Y LINE OF SOL"TH BROADW . .\ Y; THENCE S00°0i'53''W, ALONG SAID WEST RIGHT-OF-WAY L~c. A DISTANCE OF 199.49 FEET TO THE SOL.TH RlGH:-OF-W.\Y LINE OF \VEST FLOYD .WE~l.:E; THE:,..iCE S89°53'0l W, . .\LONG SAID SOL.TH RIGHT-OF-'N.W LINE .. .\ 0£ST . .\NCE OF 594.6 l FEET TO THE E . .\ST RIGHT-OF-W . .\ Y LINE OF SOL'TH BA.\i>iOCK STREET A.'IJD THE ?Or-T OF BEGl'~iNTNG : THENCE S39°53'01 "E .. .\l.Oi:'iG SAID SOL'TH RIGHT-OF-W . .\ Y OF WEST FLOYD AVE~1.'E. ,.\ DIST . .\..'iCE OF S.00 FEET: THE:SCE S00°01' 10E , PAR..\LLEL WITH SAID EAST RIGHT-OF-W . .\ Y OF SOL'TH BA:-.~OCK STREET. A DIST . .\..'iCE OF 341.37 FEET TO THE NORTH RlGHT-OF-W .W LINE OF E~GLEWOOD P . .\.RKWXY ; THENCE WESTERLY .. .\LONG SAID :,.jORTH RIGHT-OF-WAY LINE i"O . .\LONG A NON-T .-.\,'iGENT Ct'RVE. CONC..\VE TO THE SOL'TH. HAVJ:,..;G RADl'l·s OF 331.50 FEET. A CENTR..\L . .\:SGLE OF 1)1 °:5 ·35 .... .\..\ID . .\ CHORD BE .~G N75°47'32"W .. .\..\i . .\RC DIST . .\:SCE OF S . .:5 FEET TO THE SAID EAST RlGHT-OF-W . .\Y OF SOL.TH BA.'4~0CK STREET: THE'.'iCE '.'1100°0l '10"W. ALO NG S . .\ID E . .\ST RIGHT-OF-WA Y L~E .. .\ DISTA~CE OF 339 .~~ FEET ,TO THE PODiT OF BEGlN~iNG. CONT . .\D<~G '1.72i SQL'ARE FEET ~!ORE OR LESS Survevor's St:uement Da vid L Henderson . l registered ?roti:ssional Lmd Sur,:eyor in the State <>iC.:ilor:ido. do hereby state that this Legal Description :md Exhibit were prepared under my direct supervision md on the basis of my knowledge. inform:uion. llld :ieliet: :ire .:orrect. The attached Exhibit does not represent l monumented land iw,,ey. and is onl y to Jepic: this L:gli Descrig.\i,Q,llu,1111,,,,,., ii.CO iif,.. ''•,,. ~~ ~ Q ........ "''iJ""• ·l---··. ~~ " ... :,• I.. Hq~•, .-:;,," I L ·. • : . : 2113a : ! David L'°%. derson. PrQlt&tfon al LlnJ Sur:evor D:ucd fanuar: 6. :OOJ ~ • .,:, L___~ •' .. Color:ido ,· :"fa .• ~-.... :· I.,,,,,~( !A~~ ~\l:,,,,,,,, 11.un'''\ • t I p i • • P.O.L IXIIIBIT BROADWAY S .KO!l(A ST. I/Dml6DI i.,wo• EXHIBIT A PAGE 2 of 2 u 0 . COUNCIL COMMUNICATION Date Agenda Item March 15, 2004 INITIATED BY Utilities Department 10 Ci STAFF SOURCE Subject Tank repairs to the two Clarkson St. 3-Million-Gallon Reservoirs Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the roof rehabilitation of the of the 6-million-gallon reservoir on August 21, 2000 in the amount of $77,325.00 to ABCO Contracting. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended Council approval, by motion, of the bid award for the tank repairs of the two Clarkson Street 3-million-gallon reservoirs to RN Civil Construction in the amount of $201,173.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The two Clarkson Street 3-million gallon covered reservoirs, located two blocks east of the intersection of Clarkson and Sunset Ridge in the City of Greenwood Village, were originally constructed in 1952 and 1956 as a water storage facility for treated water for the City of Englewood. The tanks provide fire protection and back-up water during power outages for Englewood's Zone 1, which encompasses 2/3 of the City. The east storage reservoir was overhauled in 1993. Part of storage reservoir maintenance requires a thorough inspection every five years. In January, 2003 COM did an extensive inspection of the two 3- million-gallon tanks, and some additional repairs were completed on the east tank roof slab. COM Is recommending that the concrete roof and venting be repaired on the west tank and the valves and hatches be replaced on both tanks . The concrete on these tanks have been deteriorating. and if left unrepaired, will become more extensive. The SO.year old valves must be replaced to isolate the tanks and hatches replaced for access before other repairs can be made.- Requests for Bid were received from fi e vendors for the Clarkson Street Reservoir Roof and Valve Modifications . Fi e responses were received : Glacier Construction Premier Spec . Cont. COM Constructors Lillard & Clark Construction R C i ii Construction 318,020.00 265,243.00 247,061 .12 227,915.00 201,173.00 Steve Price from COM reviewed the bids and recommends RN Civil Construction be awarded the contract in the amount of $201,173 . FINANCIAL IMPACT The original 2004 budgeted amount was $150,000.00 before the engineer's new design estimate of 250,000 was received. A bid opening was held on March 1, 2004 and RN Civil Construction was the lowest, acceptable bidder in the amount of $201,173.00. In the 2004 Budget, this money was allocated under #40-1603-61251 . Extra funds are available in the Utilities' fund balance. LIST OF ATTACHMENTS Bid Tabulation Sheet Letter from Steve Price of COM 411 .. City of Englewood Bid Tabuldon ShM Bid Opening Data: llllrch 1, 10:00 a.m. Bid n.m: Clarbon StrNt Ruarvolr Roof a Valve llodlflcatloM 111d llond Venclar YIN 11111n' Total Bid l!l CIPflaN: IUMnr•-r 1 I 1G.4o'0.00 ---._ 1Wn1-.m.J110 • • 111.0DD.OO 13771 s "-er • I 11.0DD.OO o.mw,co.,. .. • 1,100.00 • I 31,000.00 • • 1,180.00 , • 1,31111.00 • I 2UIIO.OO • • -. 100.00 ..., • ........ r f • 5,7111.00 ---• • .... 11.00 m 111ft sr SUMI uoo • I 31.2111.00 Olmlr,COalllll .. I 10,922.17 • • •• 007.32 • I 10.a.111 , • ...... • I 31,714.13 • I 11,257.11 111111 • 117,111.11 - r 1 • 1UIII.OO _ ..... ..... ,..__ ....... • I a.aao.ao r.lllf SAIIDn ...,, SUMI ff • • ll,III0.00 .. cod, COIOffl .. • um.oo I • 3D.ICIO.IIO • • 5.100.00 , I 5,720.00 • • 4UOO.CIO • • 111,SOO.IIO 111111 I ......... ,-.-- r f • s.aa.ao --Kac....-.,,.., • • IO.CIOQ.OO Or • • 77.IIM.CIO o.mw,co.a, .. I 1., ... 00 • I 30,000.00 • I ,.-.ao , I a.•ao • • --. 00 • I ....00 111111 I ----- r 1 • ..-.00 I 11.,aao IM7•0illalr• • I 11.-. co,n11 .. I I.OM.GO • I ..... • I &.a.GI , I -· • I auaa • I ...... - I ..171.11 0 f i l !i ffi ~i 111: iii~( llf i I f§jf: ! f N t J H •g z / i uf::: ~ : f j f ~ f J Rl f ff i ff n ~ IUi i l i tl h if 11 I ! J I Hi . i fI · Ila: . i ' 1- nnr 'i np I f ~ i Hi i ~ ' 1;' i 'tf l ''=· f f r f lti : If i' 1 11 E rt r,1 " It t,11 I ~ l '•~ , I ! l l u, 1 . 1 g lai I ! r-,,~P C'.",:'1 c , • I , l ~ f fR~ r r ~, [ 1,l t • ti ! .] aj ,7c1 ,,:;. ' • -• I I' fh: ! i I' . I ; . o., . • t I ~ -'I' I f ft I " I i ~ ft f .. ! . t-~51· L~-J I I P I 11~ i 1! I ~ l l_J I t I I . . l' ; i I i I I c..;n ..l ~~: ~ • ,. • [~·. ~:t(} r',l. :?2 . • . -· .. ' ~ I CDII Mr. liil ?,,kConmck March2,20M Pagel T-441 P .1111111 P.T'N n. profact1 ,eflllelC*i wese all~ on alChedu 1D tlla Owllel'I alllfac:tlo,1, AD tm..Ownenwoald me 1hl _..olaNClvil ~or tblirpdndpeJI api11. M part of dlia nahlatklll. COM c , pl_. It. atllldlacl ad hahudlm CMddlat ad alOIIICl the llllinl tllat are app1k:a1,lil ID dlll Jlftlject. Bald on Ibis overall evaluadorl. CDM,........-m tllat:JN CMl ~ii~ the contnict to complelll the abaft unraad pratect. Plwe call if yoalwft -,~ Sincaely, L T-441 P .1141111 ,-111 Bid Evaluation Cheddlst t>m: Jwch 2. 21XN,, __ _ Project: CalbollSII.« ~ Roaf and Vatn ~ PzojectNo.: rrB 04-111, ______ _ Bidder. RNClvil~·----- Snluator. Stlffe'Prb,_ _____ _ 1. Bid Farm {Section 00300): L AcJmowledgmwnt of Addenda: Did tba bidder acmowladp iecaptol an addmda? Y• b. 5c:Mdu af Pace,: 1' die SchadWe of Prices cmnplabl? Y• b die ui.ttlJDltic correct? Y• Ase thee my qua]ifkaticml ID tlw bid? Nam ftOtllll c. E,rac:ution of lid Form: Ia~ 'Bid Form complelll? Y• Ale the propu llptmll ml ..i, illl:ladad? Y• (/at foam recatMdl,y tbtOlJ) 2. lid load: L la the Bid '8oad com,ctly filW Old and llpld7 Y-. 3. Que,tiomlaire: L s.tisfac;iory Completkm: NA Aze all questimll c:ompW satllfpctcdJy? If ,:iot, list c:lefldm:iel by~ numbs b. Ha, the bidder bNrl nquestad to nbmit ffidera ol lica11. e,cpadsa. lM fimncial sta1m118Dt7 NA c. If IUhmiltlld. is it •tisfadmy? NA I CJ Ill Zlllffl T-441 ,.1111111 ,_,. cl Wamces: Were wfaenc• conmcted (nqmnd for low bidder)? Y• Wy daaibe refaerics Raferaa No. 1: Town at 5i1t. co (M.2 nmon w_... Tzeatment Plant). Project is ,ubsUll\lially COD!pletll.. V.y poatm refcence. RlfeNrO No. 2: Cazdar Concre• ($6.0 miDion Calder So1lth Plant;. o.nvet, CO). Pmject WU completed 'by the prindplll with RN CM1 CoNtn,c:tlan WMll tbq wen employed by motbar local contrlding mm. Referelv;:e No. 3: City ci 15roomfiekl. CO (S25.0 Jlli1lion Wasmw am plant p!Ojlct). Projeet WU completed by 1M pmiapa1s wilh RN Clvtl ~ wbm tMy were employed by ano1luir local camracling flmL Schedule of Suppliers: a. Did the bidder circle a suppU. fot nch iteDl lilted? NA 5. AltcMte Suppliers: a. An the alternate suppliers pzoposeci? NA 6. Sc:hedula ol Cott for Major Structmes and/ m AJeU ofWork: a. Did the bidder submit scbadale with die bid package? NA b. Unot. bas the lnfor.ma1ioD been requeamcl? NA c. U submitbld. is the sdwcmla compJem? Is IN addiliDn comet? NA 7. Schedule of Cost for CJ\IIJlgeS in Qaantitias: a. Did the bidder submit the~ with INbid pecbge? Includad inli6d foan. b. lf not;, hat the illformation i,..i requnad? NA c. Aze unit priceS rusonabla and acceptable? Ya d. If not. wbich ~ l'IOt acaptabla? NA 8. Nonc:ollu9ive Affidavit: a. Is the affidavit complete: signed and aotmized? NA 9. Corporate Authority l'O 'Execatlt Bid: O a. Is a certified copy of the redutlon appzowd by INboud ol clireclDII Feb I b'I the ol&cu m quastioa to em:ulll lbe bid and ag,Nlllmlt QI\ bahlJf of 111a c.o:pcadall provided? NA 10. Other OmcicldlS m CcmilllG\tl: NCllW nollld. ·-- COUNCIL COMMUNICATION Date: Agenda Item: Subject: Urban Area Security Initiative March 15, 2004 11 a i Intergovernmental Agreement Initiated By: Staff Source: Safety Services Director Chris Olson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Intergovernmental cooperation and joint regional initiatives. Council has approved numerous similar IGAs in the past. This would be the first for this particular cooperative effort. RECOMMENDED ACTION Approval of an intergovernmental agreement with the City of Denver for the purpose of becoming a participative partner in the Urban Area Security Initiative as required by the United States Department of Homeland Security and the State of Colorado Office of Preparedness, Security, and Fire Safety .. BACKGROUND, ANALYSIS, ANO ALTHNATMS IDENTIFIED The Denver Urban Area Security Initiative grant process began in August of 2003, and wil continue, at least, through the year 2004. The City of Denver, through the State of Colorado, has cooperatively worked to identify and include those jurisdictions and public safety and health agencies contiguous to De nver that should be Included in a joint effort to prepare and plan for potential terrorist and weapons of mass destruction events. Approximately $1 SMilion was awarded to this regional effort in 2003, and approximately .$8Million in 2004. Engle wood has b een a very a c tiv~ partic ipant in this process, having helped develop the strategic plan, th e communications plan, and is preparing to c oordinate the public information efforts . To da te, En glewood h as a lso been identifi e d to receive over $700,000 for an upgrade to our Safety Servic es communications systems. FINANCIAL IMPACT O th e r th an taff time, no ign1tkant outlays are anticipated On the revenue side, however, the pote nt ia l fo r nt i·terrori t and WMD a is tance could be significant. especially in th e a rea o f e quip ml'nt, train ing nd public education. LIST OF ATTACHMENTS Proposed 8111 fo r n Ordinance Int r O\ernm nt I A re ment · Urban Al~a urity lnitl,jtive t j • ORDINANCE NO. SERJES OF 2004 BY AUTHORJTY A BILL FOR COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AUTHORJZING AN INTERGOVERNMENTAL AGREEMENT URBAN AREA SECURJTY INITIATIVE) BETWEEN THE CITY OF DENVER, COLORADO AND THE CITY OF ENGLEWOOD COLORADO. WHEREAS, the Denver Urban Security Initiative grant process began August, 2003 and will continue, at least, through the year 2004; and WHEREAS, the City of Denver, through the State of Colorado, bas cooperatively worked to identify and include those jurisdictions and public safety and health agencies contiguous of Denver that should be included in a joint effort to prepare and plan for potential terrorist and weapons of mass destruction events; and WHEREAS, approximately SIS Million wu awarded to this regional effon in 2003 and approximately $8 Million in 2004; and WHEREAS, Englewood bas been a very active participant in this process, having helped develop the strategic plan, and the communications plan, and is preparing to coordinate the public information etTons; and WHEREAS, to date, Enalcwood bas abo been identified to receive over $700,000 for an upgrade to our Safety Services cOIIIIIIIIDicali systems; and WHEREAS, by the approval of this Ordinance lbc City Council of the City of Englewood authorizes an intcraovcmmcacaJ apcclDCDt with the City of Denver for the purpose of becoming a puticipalina parlDer ill the Urblo Arca Security Initiative as required by the United Staacs Dq,utmcDt of Homeland Security and lbc Sate of Colorado Office of Preparedness, Security 111d Fire Safety; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The lntcrao,·muncotal Agreement (Urblo Area Security Initiative), attached hereto Exhibit A, i hereby accepted and approved by the Englewood City Council. Section 2. Pursuant 10 n1Cle V, Section 40 of the Englewood Home Rule Chaner, the iry Council bas determined that this Ordinance shall be published by title bccau e of 11 ,olumc. A copy is available in the Office of the Englewood City Clerk . 3 The M )Of and City Clcrlt arc authorized to execute and attest said Agreement for nd beh If of the City of Englewood . lntrodu.: rtad ,n ull, and passed on first reading on the 15th day of March, 2004. 1- Published as a Bill for an Ordinance on the 191b day of March, 2004. Douglas Garrett, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of March, 2004. Loucrishia A . Ellis 2- INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative) TIIlS INTERGOVERNMENTAL AGREEMENT (this "Agreement") dated a, of 2004 among TIIE CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado ("Denver"), and a The City of Englewood ("Subgrantee"). Denver and Subgrantee are sometimes hereinafter collectively referred to as the "Parties". WITNESSETH WHEREAS, the United States Department of Homeland Security, Office of Domestic Preparedness ("U .S.0.D.P.") awarded Denver an Urban Area Security Initiative Grant by a pass- through grant awarded to the State of Colorado, Department of Public Safety, Office of Preparedness, Security, and Fire Safety ("State"), by Grant Award dated A~gust 11, 2003 and accepted by the State on August 18, 2003. WHEREAS, the State passed the grant through to Denver pursuant to the Master Contract dated May 7, 2003 and the Statement of Grant Award dated September 26, 2003 (the grant awarded to Denver by U.S .O .D.P. and the State shall be referred to as the "UASI Grantj; WHEREAS, the purpose ofthe VASI Grant is to allow the Denver urban area to prepare for and to enhance its capacity to prevent. mitigate, respond and recover from terrorist attacks involving chemical, biological, radiological, nuclear or explosive ("CBRNEj devices as well as improve the ability of state and local emergency personnel to respond to such incidents if they do occur; and . WHEREAS , the UASI Grant contemplates that Denver and local governments will cooperate in the purchase of emergency respon~er equipment. planning, conducting and evaluating CBRNE exercises, establishing CBRNE-related training, planning associated with the completion of the Urban Area Homeland Security Strategy, and management and administration associated with the implementation of the overall Urban Area Security Initiative to the benefit ofthe entire urban area; and J WHEREAS, Denver and jurisdictions contiguous to Denver's boundaries have formed the Urban Area Leadership Group and the Urban Area Working Group; and WHEREAS, Denver will be responsible for acquiring equipment and procuring necessary training for the needs identified by the Urban Arca Working Group; and WHEREAS, Denver will contract with other jurisdictions participating in the Urban Area Working Group to provide them equipment and resources necessary for training as identified by the Urban Area Working Group; and WHEREAS, the intent of the Urban Arca Security Initiative is to allow cooperation and coordination among all jurisdictions in the urban area, to enhance the preparedness of the entire urban area, and to procure equipment and supplies that may be needed by the urban area but arc not needed or required by each jurisdiction in the urban area. NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, the parties agree as follows: 1. PURPOSE. The purpose ofthis Agreement is to partially implement the Scope of Work outlined in the Statement of Grant Award from the State of Colorado to Denver dated September 26, 2003 ("SOGA") (Exhibit A). As the recipient of the UASI Grant, Denver has undertaken responsibility for administering the UASI Grant, and for procuring equipment, supplies and training in accordance with a budget and priorities established by the Urban Arca Working Group , approved by the Urban Area Leadership Group and concurred in by Denver as the Core City and County. The Parties agree that they arc entering into this Agreement to accomplish the purposes of the UASI Grant, and that the availability of funds and the terms of this Agreement arc subject to the ODP Grant to the State of Colorado awarded August 11 , 2003 and accepted by the State on August 18 , 2003 (Exhibit B), to the ODP Grant awarded for 2004, to the Statement of Grant Award from the State of Colorado to Denver dated September 26, 2003 (Exhibit A), to the terms of the Master Contract between the State and Denver dated May 7, 2003 (Exhibit C), and to the applicable federal and state laws, rules and regulations governing those grants. The exhibits are incorporated and made a part of this Agreement by this reference. In the event of any conflict between the terms and conditions contained herein and those of any Exhibit such that the full effect cannot be given to 2 t both or all provisions, then the terms and conditions contained herein shall control. 2. Definitions. a. Core City is defined by the UASI Grant as the City and County of Denver. b. Core County is defined by the UASI Grant as the City and County o£Denver. c. State Administrative Agency Point o/Contact shall be Carmen Velasquez from the Colorado Department of Public Safety, Office of Preparedness, Security and Fire Safety. d. Urban Area, for purposes of the UASI Grant, shall be defined as the City and Collllty of Denver and the governmental or quasi-governmental jurisdictions contiguous to Denver that provide law enforcement, emergency medical services, emergency management, fire service, haz.ardous materials response, public works services, or public health services, consisting of these jurisdictions: Adams County, Commerce City, Arapahoe County, Cunningham Fire District, Arvada Fire District, Jefferson County, Cherry Hills Village, Littleton Fire District, City of Arvada, Greenwood Village, City of Aurora, Greater Brighton Fire District, City of Englewood, North Washington Fire District, City of Glendale, South Adams County Fire District, City of Lakewood. South Metro Fire Rescue, City Of Littleton, Southwest Adams Fire District, City of Sheridan, West Metro Fire Rescue, City And County of Denver, and City of Wheat Ridge. c. Urban Area leaMrship Group shall consist of a representative of each . jurisdiction that comprises the Urban Area and actively participates in the Urban Area Security Initiative. Members of the Urban Area Leadership Group generally shall be the elected or appointed leader of the jurisdiction or its designee . Each jurisdiction shall also designate an alternate . d. Urban Area Working Group shall consist of one representative from each member jurisdiction of the urban area. Each jurisdiction shall also designate an alternate member. The Working Group shall be responsible for coordinating development and implementation of all program elements including the urban 3 t 0 area assessment, strategy development, and any direct services that arc delivered by U.S.0.D.P. 3. ROLES AND RESPONSIBILITIES. a. The Urban Area Le ad ership Group shall be governed by the Bylaws of the Urban Area Leadership Group and the Urban Area Working Group Bylawsj, which arc attached as Exhibit D and incorporated herein. In the event of any conflict between the terms and conditions of this Agreement and the Bylaws such that the full effect cannot be given to both, then the terms and conditions contained berci.n shall control. The Leadership Group shall approve a budget for expenditure offunds awarded under the UASI Grant by a majority vote of the members present and voting at a meeting scheduled in accordance with the Bylaws. The Leadership Group shall have authority to remove a member jurisdiction that does not actively participate in the Urban Area Security Initiative by sending representatives to the Working Group or by failing to fulfill the jurisdictions' responsibilities under this agreement. A member jurisdiction may only be removed by a vote of a majority of all voting members of the Urban Area Leadership Group. b. The Urban Area Working Group shall perform security surveys; needs assessments; and shall prioritize supply, equipment, training and exercise needs; and shall develop a budget and recommend it for approval to the Urban Area Leadership Group._ c. Core City and County. l. Denver shall have responsibility for applying for and securing the UASI Grant, for participating as both a city and a county in the Urban Area Leadership Group and Urban Area Working Group, and for concurring in the budgets prepared and approved by those groups. 2 . Denver may use UASI Grant funds for purchasing response- related supplies and equipment; management and 4 t administration ofthe grant; executing terrorism/weapons of mass destruction exercises and training, including reimbursement of baclcfill persoMel costs; planning (risk assessment and strategy development); reimbursement for operational expenses associated with increased security measures during designated heightened threat alert levels, including overtime costs for personnel and those costs; and for manaaement and admioistrative functions for the Denver Urban Area. The designated heightened threat levels through December 3, 2003 include the Orange threat alert levels on the followina dates: Februuy 7 to 27, 2003, March 17, 2003 to April 16, 2003,aodMay20to 30,2003 . During the term of this agreement, other dates may be approved by the United States and budgeted by the Leadership Group and concurred in by the Core City and County. 3. The Parties agree tbal UASI Grant funds will be spent in accordanc:c with a bwfaet prepared by the Urban Area Working Group. approved by the Urban Area Leadership Group and concurred in by the Core City and ~ounty. The Budget may be amended from time to time in accordance with the Bylaws with the concurrence of the Core City and County. A copy of the initial budget is attached and incorporated in this A~t as Exhibit E. The Parties agree to accept and be bound by the budget and the uses of 4 . the funds designated by the Urban Area Working Group. In accordance with the budget and Denver 's own procurement laws, regulations and policies, Denver will om time-to-time procure, or cause to be procured, s supplies, equipment and services deemed necessary to enhance the security and preparedness of the Urban Arca. Denver agrees to grant or provide supplies, equipment, exercises and training, or to reimburse operational expenses for designated heightened threat alert levels (including the Orange threat alert levels on the following dates: February 7 to 27, 2003, March 17, 2003 to April 16, 2003 and May 20 to 30, 2003), all as budgeted and approved by the Urban Arca Working Group, to member jurisdictions of the Urban Arca as subgrantecs, subject to funds being received under the UASI Grant and appropriated by City Council. The Parties agree that exercise and training costs may include personnel expenses to backfill positions during such training and exercises. d. Subgrantee agrees: 1. to participate actively in the Urban Arca Working Group; 2. to make its personnel, and any supplies or equipment procured with UASI Grant funds, reasonably available to other participants in the Urban Arca Working Group for training and response to CBRNE incidents; 3. to accept title to and to maintain all supplies and equipment received pursuant to this Agreement in good working order for the reasonably expected life-cycle of the supplies and equipment, ordinary use , wear and tear excepted; 4 . to submit requests for reimbursement of exercise, training and operational expenses, including overtime costs for personnel, and those costs associated with increased security measures during designated heightened threat alert levels (includina the Orange threat alert levels on the followin& cbles: February 7 to 6 27, 2003, March 17, 2003 to April 16, 2003 and May 20 to 30, 2003 ), on fonns required by Denver and in accordance with the budget approved by the Urban Area Working Group. 5. to provide all supplemental documentation that may be required by Denver; 6. to maintain all records that may be required by the terms of the UASI Grant and state and federal laws, rules and regulations or by Denver; 7. that this Agreement does not warrant or guarantee that Subgrantee will receive any specific amount of supplies, equipment, training or reimbursement, and Subgrantee understands that it may receive more or less supplies, equipment, training or reimbursement depending upon the approved budget and Subgrantee' s ability to take advantage of the training in a timely manner. 4. TERM OF AGREEMENT: The term ofthe Agreement shall commence on January I , 20 04, and terminate on December 31, 2008, provided that the Agreement may be renewed by agreement of the parties . 5. COORDINATION AND LIAISON: Denver's point of contact for the UASI Grant shall be the Manager of Safety, who shall serve as Denver's representative to the Urban Area Leadership Group. The Urban Working Group has designated Denver's Manager of Safety as the Authorized Officer under the UASI Grant . Subgrantee agrees that during the term of this Agreement it shall fully coordinate performance of this Agreement with Denver, including the Denver Manager of Safety or his dcsignee, or as otherwise directed by Denver . 6. AGREEMENT AS COMPLETE INTEGRATION-AMENDMENTS : This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion or other amendment shall have any force or effect, unless embodied herein in writing . Amendments to this Agreement will become effective when approved by both parties and executed in the same manner as this Agrecment. 7 r. ~~ 7. TERMINATION OF AGREEMENT: Denver may terminate this Agreement, or any part thereof, for the reasons and in the manner provided in Section 15 of Exhibit C. 8. ST ATUS OF PARTIES: The parties agree that the status of each party shall be that of an independent contractor to the other, and it is not intended, nor shall it be construed, that one party or any officer, employee, agent or contractor of such party is an employee, officer, or agent of the other party for purposes of unemployment compensation, workers' compensation, or for any purpose whatsoever. 9. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any performance by a party hereunder constitute or be construed to be a waiver by that party of any breach of term, covenant, or condition or any default which may then exist on the part of the other party, and the tender of any such performance when any such breach or default shall exist shall not impair or prejudice any right or remedy available to a party with respect to such breach or default; and no assent, expressed or implied, to any breach of any one or more terms, covenants, or conditions of the Agreement shall be construed as a waiver of any succeeding _or other breach. l 0. EXAMINATION OF RECORDS: Any duly authorized representative of the federal government, state government or Denver, including Denver's Auditor or his representative, shall, until the expiration of seven (7) years after the end of the State of Colorado fiscal year that includes the end of the UAS1 Grant, have access to and the ri&ht to examine any dim:tly pertinent books, documents, papers and records of Subgrantec, involving transactions related to this Agreement . 11. RECORDS RETENTION. Subgrantee shall retain for at least~ (7) years after the expiration of this Agreement all records required for the UASI Grant including documentation and records of all expenditures incWTCd under this agreement. Retention for longer than the seven years may be deemed necessary to resolve any matter that may be pending . lbis retention is for review by Denver, the State, federal government or their authorized representatives. 12. ASSIGNMENT AND SUBCONTRACTING: Denver is not oblipted or liable under this Agreement to any party other than Subgrantee. Subgnu).tcc agrees that it shall not assian or subcontract with respect to any of its rights. benefits, obligations or duties under this Agreement except upon prior written consent and approval of Denver and the State of Colorado, which shall DOI 8 j • 0 be unreasonably withheld. If any such assignment or subcontracting shall occur, such action shall not be construed to create any contractual relationship between Denver and such assignee or subcontractor, and Subgrantee shall remain fully responsible to Denver according to the terms ofthis Agreement. 13 . INDEMNITY: To the extent authoriz.ed by law, Subgrantee shall indemnify, defend and hold Denver harmless against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as aresult of any act or omission by Subgrantee, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Agreement Nothing herein shall be deemed to be a waiver of the rights, immunities, limitations and defenses afforded the Parties by the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq. as it may be a."llended from time to time . 14. CONFLICT OF INTEREST: The Parties agree that no employee of either party shall have any personal or beneficial interest whatsoever in the services or property described herein and Subgrantee further agrees not to hire, or contract for services with, any employee or officer of Denver which would be in violation of the Denver Revised Municipal Code, Chapter 2, Article IV, Code of Ethics, 9r Denver City Charter provisions CS.13 and CS.14. 15. APPROPRIATIONS: The obligations of the Parties under this Agreement or any renewal shall extend only to monies appropriated for the purpose of this Agreement by Denver's Board of Councilmen, paid into Denver Treasury, and encumbered for the purposes of this Agreement. The Parties acknowledge that (i) they do not by this Agreement inevocably pledae present cash reserves for payments in future fiscal years, and (ii) this Agreement is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of the Parties . The Parties agree that Denver 's obligations under this A~ent are limited to the funds made available pursuant to the UASI Grant for fulfilling the purposes of this Agreement. 16 . TAXES. CHARGES, AND PENAL TIES: Denver shall not pay or be liable for any cl aimed interest, late charges , fees , taxes or penalties of any nature , except u required by Denver's Rev ised Municipal Code . 17. GOVERNING LAW; VENUE : Each and every term, provision, condition, of this Agree ment is subject to th e provis ions of Colorado law, the Charter of the City and County of 9 o 0 Denver and the ordinances, and regulations enacted pursuant thereto. Venue for any action arising hereunder shall be in the City and County of Denver, Colorado. 18. NO THIRD PARTY BENEFICIARY: The parties expressly agree that enforcement of the tenns and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any such claim or right ofaction by any other or third person on such Agreements, including but not limited to subcontractors, subconsultants, and suppliers. The Parties expressly intend that any person other than the Parties who receives services or benefits under this Agreement shall be deemed to be an incidental benefici~ only . 19. SEVERABILITY: The parties expressly agree that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 20. LEGAL AUTHORITY: The parties represent and assure that they possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action necessary, to enter into this Agreement The person or persons signing and executing this Agreement on behalf of both parties, represent that he/she has been fully authorized to execute this Agreement on behalf of their jurisdiction and to validly and legally bind their jurisdiction to all the terms, performances and provisions herein set forth. Denver shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement, if there is a dispute as to the legal authority of either Subgrantee or the person signing the Agreement to enter into this Agreement. Denver shall not be obligated to perform any of the provisions of this Agreement after Denver has suspe nd ed or terminated this Agreement as provided in this Agreement. 2 1. PARAGRAPH HEADINGS : The captions and headings set forth in this Agreement are fo r con ve nience of reference only and shall not be construed so as to define or limit its terms and pro visi ons . 22 . COUNTERPARTS. This Agreement may be executed in any number of co unterparts and by the different parties hereto on separale counterparts, each of which when so 10 executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be duly executed and delivered as of the date first above written. ATTEST : WAYNE E. VADEN, Clerk and Recorder , Ex-Officio Clerk of the City and Co~ty of Denver APPROVED AS TO FORM: COLE FINEGAN, Attorney for the City and County of Denver By :--------- Assistant City Attorney II DENVER: THE CITY AND COUNTY OF DENVER, a municipal corporation ofthe State ofColorado By. _____________ _ Mayor RECOMMENDED AND APPROVED: By: __________ _ Manager of Safety REGISTERED AND COUNTERSIGNED: By.~-----------~ Auditor Contrllet ContlOI No.----- ENGLEWOOD: The City of Englewood., Colorado By: t ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk 12 0 r----(_J . COLOR-<\DO DEPARTMENT OF PUBLIC SAFETY STATE:MENT OF GRANT AWARD (SOGA) FEDERAL PROGRAM INFORMATION CFDA Number: 16.011 Federal .qeucy: U.S. Department o!Homeland Security Federal Award Name & Number: Urban Area Security Initiative Grant Program Il 2003-EU-TI-OOl 7 PO# OP0040000037 ou# Denver Urban Area Counties of Denver, A Sub-p-ant Award Number: Sub-grant Lead A&ency Name: ub-grallt Lead A&ency Director: Sub-grant Financial Agency Address: Gnmt Period: Date Issued: QPS03EUT317 City and County of Denver aLvin La Cabe 1331 Cherokee Street, Suite 302 Denver, CO 80204 October O1. 2003 to June 30. 200S September 26, 2003 The Office of Prepmedness, Security, md Fire Safety hereby awards a grant to the above-mmed sub-grant lead agency pursuant to terms of the Master Comract entered into by the parties on Septl;mber 26, 2003, identified UDder routing number . The attached grant application ( as posst"bly modified by the State) is inco~rated herein as part of this document. AI'I'I<.OVW .l:IUl>GET Project Denver Urban Area Securi Initiative TOTAL BUDGET Office of Preparedness, Security, & F~ Safety 1Jc:wL L• ~ Signarun: IX H fllt A Page 1 of 1 Signatwe Total Federal Funds Awarded 1 2 454 779 12,454,779 Th.is Statement of Grant Award is issued pursuant to a Master Contract with the State of Colorado's Department of Public Safety, Office of Preparedness, Security, and Fire Safety dated May 7, 2003, City Clerk Filing No . 03-735; contract control no. XC-35034. EN, and Recorder, Ex-Officio Cleric e City and c;ounty of Denver APPROVED AS TO FORM: COLE FINEGAN, Attorney for the City and of Denver REGISTERED AND COUNTERSIGNED: CITY" t Statement of Grant Award (SOGA) INSTRUCTIONS , 1. Grant adivillas must be based on the approved budget ahown on page one at this StaMl1*1t at Grant Awwd, and 1he delded budget(s) wlll*1 the attached app1ica1on • modllled aid approved by the Slata. The ~ ITalllt-=ure prior wrtbn approval from OPSFS I lher9 ls ID be a change In ary builQlll catego,y. 2. The sub-grantee w11 gtv. the Financial Olllc:er at lie .piojec:t a copy ot this document In order ID adequatllly prwpant the ._y 1mndal rwpo,IL 3. The IUb-grantN agr.-that the alfached gm api:A:albi. and masllr conlrad. Is herwby lncoiporatld by "'9nll,ce -pat ol .. fillWll Nad. 4. Ravlaw car.ruly the endoNd letl9r-for NI grllll pn,gran. I lncludea pn,c:edurw ragad,g this clcJameN, maw-down at gm funds,~~ and~ grant moclllcalo,,a. 5. This grant _.-ct ahall be llfflldlve upon the inlandecl 11a1t c1a111 <• Rt out In Iha gm period shown an page 1 ot thia SOGA); i-&a appuval by lie Slala Conwler 91" dlaigMe. Is l9qlftd. 6. . This gm award may be c:in:.a.cs In whole wltlCllt fu9--by the Office at ~ Securly, and Fn Safety wllhln_ .20 days at the dm atlssuanca. ADOf1JONAL OPSfS REgUREIIENJS 1) Al sub-9"ants .. a111dilo11ed on lhl alllly ID rapo,t ID h Ollce ot Pl91J81-*-. Seturlty. and Fir9 Safety .. the intJcmalon con1lllned on 119 OPSFS quMllly llnadll f9P0'1nll and .-nl- amual ~ report fonna, which .. piovldad will .. SOGA. Technlcal 11 ·1· ..:e la available upon niquest. . 2) TheN funds camot be gtawilaed beyond 119 end elm ot .. gm palod on page 1 al '* SOGA. IJnupended funds IWllllllnng at the and al the grant period 111U1t be llllumed ID the Oftb of Prep;ndrwa, Security, and Fire Safety. t Deoartment of Homeland Security Fiscal Year 2003 Urban Area Security Initiative -Part II Application for Funds Jurisdiction/State Agency: City and County of Denver Primary Point of Contact: Alvin J . .l..aCabe, Jr. Position Title: Manager of Safety Address: 1331 Cherokee Street , Room 302 Denver, CO 80204 Telephone: 720-913-6020 Fax: 720-913-7028 E-Ma;". alvlnJacabe@ci.~~ 1 onzed s,PP3 ·. / Requesting fu:::g in the amount of: $12.454,n9.00 Scope of Work: 1. The City and County of Denver, along with its partners; will continue building an enhanced and sustainable capacity to prevent, respond to , and recover from threats or acts of terrorism . 2 . Requirements of this grant, which will be met include: a . Create an l)rban Area Wori<ing Group to oversee this program . b . Complete and submit a threat and risk assessment to the Colorado Department of Public Safety, Office of Preparedness , Security, and Fire Safety no later than September 30.· 2003. - c Write and submit a Homeland Security Strategy to the Colorado Department of Public Safety, Office of Preparedness, Security , and Fire Safety d . In stitutionalize the National Incident Management System by the end of the grant period . e . L im it Management and Administrative costs to 3% of the grant award for the core City and County of Denver. f . Su bm it a plan to the Colorado Department of Public Safety for the initial 25% of the enbre gra nt that will support this project. The Office for Domestic Preparedness will release the rema ining 75% upon the submission and acceptance of the threat and risk asse s sment an d the Homeland Security strategy. 3 ese funds w ill be used for purchasing of response-related equipment, executing terrors':'1.-'weapons of m ass destruction exercises , training , planning (risk assessment and strategy develop e, t), and m anagement/admini strative functions . If the need arises , these ncs i;'lay be se1 to ra imbu rse for operational expenses , including overtime costs for ar son °1 and .ose costs associ ated with in creased seCtJ ri ty measures during des ignated e ,g.'i ta;ied mrea aie, levels a . Equipment purchases will be from the approved list as provided in the federal grant announcement b. The conduct of terrorism/weapons of mass destruction exercises will meet the requirements outlined in the federal announcement c. Training. The intent for these training resources is to develop and deliver classes to a broad range of first responders as well as other key partners. This is based on a collaborative approach that brings together public safety disciplines, public health, education, and public works in a new era of homeland seoJrity education and training. These training courses will be focused at the awareness level for Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) devices. Courses will also include training on the Incident Command System. d . Other responsibilities: An Urban Area Working Group must be established The state must select a central Point of Contact who works in concert with the local entities and is a member of the Denver Urban Area Wortcing Group The Urban Area Wooong Group must be multkisciplinary and consist of representatives from law enforcement. emergency medical, emergency management. tire service, hazardous materi als, public works , governmental adminislrallon, public safety communications, health care, and public health as well as members from appropriate state agencies Uust wor1t in concert with the state Point of Contact Uust define the urt>an area Uust wortt to identify local elected officials who will serve on the Urban Area Wo'1dng Group Uust provide written concurrence with the distrtbution of the 25'11. Uust provide written concurrence with the distribution of the remaining 75,i, t COLOR.\DO GRANT REQlJIREMENTS Colorado Office of Preparedness Security and Fire Safety OPSFS) Toe Sttu umually and/or periodically reeeives funding from the following federal agencies: the Federal Emergency Management Agency (FEMA) -under the Departtnent ofY eterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000, Public Law 106-74; Robert T. Stalford Disaster Relief and EmerJency Alsisimce Act, as amended, Public Law 93-288, as amended; 42 U.S.C . 5121 et seq .; 42 U.S.C. 5195 et seq.; Omm""bus Consolidaled App-opriuions Act of 1997, 1ublic Law I04-208; and Department ofDefense AU1hormtion Act of 1986, Public Law 99-145 as amended; U. S. Depanment ofTransponatioo (DOT) -under the Hazardous Mau:rials Uniform Trmsporla!ion Safety Act 1990, Public Law 101- 615, 49 U.S .C. 5101 et seq., and the U.S. Department of Justice (DOJ)-U.S. Depanmmt ofCommen:e, Justice, and Stare, the Judjciay and Related Agencies App-opriuions Act of 1999, Public Law I 05-119, and similm-flmdioa whicb will be distnl,llled throup the Homeland Security Act of2002, Public Law No. 107-296, for the purpose of supportina emergency mmagancot and prepandlless activities to include adminislnlion, homeland security, anti-tarorism, emergency planning, training, exercising, hazllld mitigation, and procurement of facilities and equipnmt. t. . FINANCIAL & ADMJNISTRATIVE MANAGEMENT a. The Subgrantec assures that fund aceoimtiog, auditing. monitoring, evaluuioa procedures and such records as necessary will be maintained to assure adequate intanal fiscal controls, proper financial managemmt, eflicient disbursement of funds received, and maintenance of required source documentation for all COSIS iDcuned. These principles must be applied for all costs incurred whether chm-god on a direct or indirect basis. b. All expenditures IDUSI be supported by appropriate source docummtuion. Only ICt1lal, appnMd. allowable cxpcoditures will be permitted. · c. The Subgrantec assw-es that it will comply with all grant management requin::men!s set forth. Ho-. the grant requinments cannot cover evay foreseeable contingency, and the Subgnmtec is ultimately respoDSIDlc for compliaDcc with applicable Stale and federal Jaws, rules and regulations. 2. PAYMENT & REPORTING a. The Office of Preparedness Security and Fire Safety will pay the Subgrantec the reasonable and allowable c:om of performance, in aa:ordance with current Colondo Swe Fiscal Rules, not to exceed the amount specilicd herein as the ToQJ Award Amount b . The Office reqwremmts for invoice, advance payma,ts. and cost rq,orting submissions .-e coataioed in lbc OPSFS Reimbursement Request Procedures, and OPSFS Finacial Report, wmcb .-e bereby incorpcnled by raamcc. c. Advance paymoots cami<ll excecd 10-day opcruiDg expeoscs. d The Subgraotec assures that it sball maintain data and informuion to provide ICQIDte propam and linmcial rcporU to tbe Office. Said rq>orts sball be provided in sucb form, • sucb limes, and comaiom& such dai:a and informllioa as the Office of Preparedness Security and Fire Safety reasonably requires to admmisu:r the propan. e . The Subgraotec assures that quarurly fiomcial, equipomt iow:omry, and oarmive repotU shall be submitted withiD 30 days of the end of each calendar q-and sbaD be current and actual t: The Subgrantee funber assures tb.K final financial reports sball be submitted to the Office of Prcpartdoess Security and Fire Safety within 45 days of the end date ofthe subgnmt g. The Office re.aves the rigbt to make and ..,lborizc modificaaoas, adjusmicnts, and/or revisions to the Gnnt Award for the pwposc of malcin& changes in budget categories, emnsioas of lflnt award dates, changes in goals and objecnves, and olber modificatiODS which do not c:hancc the tQQ) amollllt of the Grant Awaril. · h. The Office may withhold payment in the event the Subgnmtec fails to ~ with conditions and a:rti5catioos contained in this grant awvd. 3. PROCUREMENT AND CONTRACTS a. The Subgrantee assures that it will follow intcnal competitive proa.ircma,t procedures as RqUired by -, ordnance, and executive orden for all purchases under the IJ"lnl All approved equipment purchases must be recorded on quarterly equipment inventory reports. Changes in equipmmt must bave prior approval by the OfDce of P~aredoess Security and Fire Safety. (Equipmeot is defined u m individiw itcn wi1h a cost of live dlousmd dollars or more and with a usetW life of at least one yes) b . The Subgrantee >SSUrCS that no cootr¥t or agmma,t will be made for execution of project activities or provision, of services ( other than purcllase of supplies or mndard cammemal or maintenance services) th.at is not iocorponaod m the :i;,provcd 1;,pbeanon or approved in advance by the Office ofPreparedness Secunty and Fire Suety. 1 COLOR-U>O GRI\NT REQUIREMENTS I I tJ c . The Subgrantct: assures that contractors/vendors who assist the Subgrantcc to develop specifications, requirements, and statements of work and/or Request For Proposal for a proposed procur=cnt shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. d. The Subgrantec assures that where activities supported by this subgrmt produce any discovery or invention, original computer programs, writing, sound recordings, pictorial reproductions, drawing or other graphical represcutation and works of any similar nature, the following reqwremcuts apply: L The Office of Preparedness Security and Fire Safety has the right to use, duplicate and di.sclosc, the above material in whole or in part in any manner fot any pwpose whatsoever and authorize others to du so. ii. If the material or invention is copyrightable, the Subgrant= may copyrisht such, but the Office of Preparedness Security and Fire Safety reserves a pcrpctual, royalty-free, non-exclusive and irreversible liccuse to practice, reproduce, publish and use such materials in whole or in pct, and authorize others to du so. iii. When issuing statements, pn:ss releases, requests for proposals, bid solicitations, and other published docw=ts descnbing projects or programs funded in whole or in part with these grant funds, all Subgnmces must clearly: a) State the pcrcemage of the total cost of the program or project, ~ch will be financed with this grant money; b) State the dollar amount of state or fcder,aJ funds for the project or program; c) Use the pbrase-"This project was supported by grant# --J issued by lhc Colorado Office of Preparedness Security and Fire Safety." e. The Subgrmtct: may not assi111 its rights or duties under this grant without the prior written consent of the Office of Preparedness Security and Fire Safety. . 4. AUDIT, RECORD-KEEPING, AND MONITORING/INSPECTION a. The Subgrantee assures that it will procure an audit or financial n:view by a CPA or licensed public accounl2nt incorporating the subgrant. Ifthe agcucy expends mon: than SS00,000 per year in combined fcder,aJ funds, an audit nmst be conducted in accordance with 0MB Circular A-133 (Audits of S121es, Local Governments, and non-profit organizations). i. A!. such time as the audit or financial review is completed, ONE COPY OF nl£ REPORT, INCLUDING TIIE CORRESPONDING MANAGEMENT LE1TER, MUST BE FORWARDED TO nl£ OFFICE Of PREPAR.EDNESS SECURIIY AND FIRE SAFETY for cleannce. ii. The s~ w.ccplS """"'""ibilily fur tbc costs of • 6naacial prosnm audit 1D be pafunned by lhc Deparunon! ofPublic Safety in the event that the audit report or financial review: a) does not meet the applicableA-133 or OPSFS standards; b) is DOI submitted in I timdy 11111111cr: ar, c) does not provide an audit response plan with comspoadin1 comaions made sufficient to satisfy any audit findings. b . The Subgrantee assures that: i. It will retain all projea records, as will faciliwe an etfccnve audit. for seven )'ea$ a1b:r the end oflhc stm 6scal year di&! includes the end date of the pmt. (for example i! tbe Jl1llll ended 913(),'9!, 1be slale FY would be July I, 1991-June 30, 1992. The files could be destroyed aftl:r 613(),'99); excepr, ii. If m audit is in prolffSS and/or the findings of a completed l&ldit bafl DOl bea resolved s:atisfactDrily, then records must be retained beyond the seven-year period Ull!il IIICb issua an: raolved. c . The Subgnmtce assun:s thal it will keep copies of all documonu, conespoadeDce, aad required n:c:eiplS rclaud to this subgrant in a scpanre file bearing the project tide and grmt number. d. The Office may pcnodically n:quest submission of supportins fimncia1 and prosraamatic documontation, subcontnctS, general and sub-ledgen for the pwpose of monitorins coq,liancc wilh 1be pant award via deslt review, or in preparation for ID on-site mooitoring visiL Routine or special on-me YililS may be condllcled at the subgrant agcucy, and at the location of any collaboratin& cutitics, for the S&m£ purpose. Suhp111tees will be notified in advance of:lny on-site monitoring visit. e . The Subgranrce assures that the Office of Prq,an:dness Secunty and fiR Safely, Colorado Depanmont of Public Safety, shall have access for pwposes of monitoring, audit and ex.aminations to any bonds, clocumaus, papen and n:cords of the Subp-antee and to n:levant books and records of subcontrxlon of the Sub,rantec. It is the n:sponsibility of the Suhgrantce to notify any of tts project collaborators and su~ of tbae provisions. The Subgrantce amues that s,cnatorics of the application and sublfllll award and penonncl eq,loyed lbroup this subirant will appear when requested at any admimSll2tive hcarin1, mocutorina -visit. con!aaice or meet1D& conducud by the Office of Preparedness Security and FiR Safety. S. COLORADO VlCTIM R.JGBTS ACT L The S b1f111tCC wures di&! the applicanon S1p,a.'Ones , all mi! and all volumecn ampied to the !unded project have rud .ind Wldcrs".and th e nslits afforded to c,une vtcnms pumaant to§ 244 1-30~ S C.R.S ., 111d die Sf:t'.1 CCS 2 l 0 0 COLOR.\DO GR<\NT REQUIREMENTS delineated pursuant to§§ 24-4.1-303 and 24-4 .1-304 C.R.S ., commonly known u tbe Victim Risbts Act, and enabling lepslario11.. 6. TERMINATION or REDUCTION IN GRANT AW.UU> Tac Office will monitor the performance of the Subgrw,tec against goals and performance slllldards required herein. The Office will provide reuonable technical assistance ID the Subpantee conccming project coals, pemmnance standards and subgnnt requir=ts; however, substandard performance u deimnined by tbe Office will consritute noncompliance with this gram award. Substandard performance may result in termination or reduction of grant award u follows: a. Reduction In Grmt A ward Amount for Cause i. The Office may reduce the total Swemo:nt of Grant Award amount for cause, without cmq,ensation for reduction costs. ii. JI tbe state reduces tbe grmt amount for cause, it will first live ten ( I 0) days written notice ID tbe Subp-amec, 5121:ins the reasons for reduction, ,.tq,s takm to c:onec:t the problems, and the dale the subpaat award amount will be reduced in tbe event problems have -been camcfed to the satisfaction of the Office. iii In the evait this grant is reduced for came, tbe Office will only reimburse the Subpntee for acccpable worlc or delivenbla receMd up to the dale of reduction. iv. In the event this gnnt is l'1lduced for cause, bal payment ID the Subgnntee may be widlbeld • the discretion of the Office unal completioa ofbal Of!ice revi-. b. Taminal:iOD for Convenience: i. Either party may u:rmina tbe pm widi thiny daya wri1lm notice of in1mt to cancel or lmDinare. ii. The arant maybe tenninaled by tbe Office if it is in the best inra-est of lbe swe of Colorado to ll:rmimle the lflllL iii. Ifthe gnnt is terminaled for convenience by either the Subgrame or the sra, tbe Subgnntee sball be paid the necessary and allowable com incun-ed tbroupi the dale of termination, bur -exceeding a prona,d amount based on the number of days of p,,ject opcntion prior to the dale of tamimliOII.. c. Termination for Cause: i The Office may tenninau cbe pant for caU1e without coq,ensatiOD for taminltioa costs. ii. Iftbe stm taminateS the grant for c:asc, it will first p,,e Im (! 0) days writlell notice ID the Subpnm, mtins the .-euons for tamination, ~ laken ID comet the problems, and tbe dalie the subcrmt will be terminaled in the eYeDt problems have not been commd to the misfactioa ofthe Office. iii. In the evait this grant is llermnalal for cause, the Office will oaly reimburse the Subplllllle for accepa,ble wor1t or ddivaabla recciwd up to lb• dale of termiulion. iv. In the event this grant is laminated for cause, fimJ paym,cm to the Subpantee -y be wilbheld • the disaaioa of the Of!ice una1 completion offiml 01lice rm-. d Any equipmmt purchased under this gran1 would revert, at the option of the Office, ID the Of!ice of Prq,a, ednas Security and Fire Safety upon tmnination_ofthe grant for any of the above reuons. A. FEDERAL CERTIFIED ASSURANCES 1. FEDERAL PUBLIC POLICY ASSURANCES L The Subgrmtee hereby asrees !Im it will comply, md all of its contnctors wtll co,q,ly with lbe applicable provisions of i. Tide I of tbe Ommbus Crime CollD'Ol and Safe Streets Ai::t. of 1961, u amend<d; ii. The Juvenile Justice and Dclinqua,cy Pre¥altion AJ;t and/or the Victims of Crime Act, aupprnpiaa,; iii. All other applicable Federal laws, orders, cimalars, rqulations or guidelines. b . The Subgrmtee asency hereby asrea that it will comply, md Ill of its coniracton will comply with die provisions of 28 CFR applicable to grants md coopenlivc .--its includins: i. Part 18, Adminisntive Review Procedun; ii. Part 20, Criminal Justice ln!omaion S)'S1lanl; iii. Part 22, Confidt:ntialiry ofldentiliable Raearcb and Swistical Information; iv. Part ::3 , Criminal Intellipcc Systems Operain1 Policies; v . Part 30 lnterJovcrmnental Rzview ofDepa,mm! of Justice Prosnms and Activities; vi. Part 42 Nondisaiminalion/Equal Employment Opponuniry Policies and Procedure; vii . Pan 61 Procedures oflmplemcnti111 the National Environmental Policy Act; viii . Part 63 Floodplam ~ and Wetland Protection Procedllra; and, ix. Federal uws or re!ulanons applicable to Fedenl AssimDce Propams. 3 nu COLOR<\DO GR<\.NT REQUIREMENTS 2. FINANCIAL & ADMINISTRATIVE MANAGEMENT a. Subgr.mtcc assures that it will comply with appropriate fedenl cost principles and administrative requirm,ents applicable to grants as follows: i. For state, local or Indian tribal government entities; a) 0MB Circular A-87, Cost Principles for Slau, Local cl Indian Tribal Go\.'0'1lfflDtU b) 0MB Circular A-102, Common Ruh-Uniform Administrative Rcq,,inments for Grants and Cooperative Agrcancnu to Sl4lc and Local Go1'CT111M11U ii. For non-profit organizations; a) 0MB Cm:ular A-122, Cost Principia for Non-Profr1 OrrtDUZ/Jlions b) 0MB Circular A-110, Uniform AdmWstraztve Rcqvirancnts far Grants and Agrumcnu with InstiJJ,twns of Higl,er EducatiDrt, Hospit4u and OtJicr Nonprofa Organizations iii. For colleges and lllliversities; a) 0MB Circular A-2 1, Cost Principia for Edtu:alional Instwtions b) 0MB Circular A-110, Uniform Administratiw R~ for Grants and Agrumcnts wilh Institutions of Higl,er EdUCIZlilm, HospiJals and OtJicr Nonprofa Organizations iv. For each agency spending more than D00,000 per yar in federal timds lrom an sources; a) 0MB Circular A-133,Awiiu o/Sla!a. Local Go-1SIINiNanprofa Orpnizations b . The Subgrmtce assures that it will comply wilil the provisions of the Oflice of the Coq,croller, Of!ice of Juslice Programs OC financial Gujde for Gnms, CUITent edition. (Par practical parposa, the nquiRmmts pc:ninent to the llllllllgcncnt of these funds have been extracted lrom the above documen11 and are CODlllined in the cum:nt applicable Administrative Guide of the Oflice of Preparedness Security and Fire Smty, which ii baeby incorporated by reference. However, such a guide cannot cover eYery foreseeable contingency, and the Subgrmtee is ultimately responsible for complimce with applicable stale and federal laws, rules and regulations.) J. NON-SUPPLANTING OF FUNDS (Go.._,.mDllal Apn,:ia Only) a. The Subgnmtee ccnifies that my required matching funds used to pay the non-fede:ral portion of the cost of this subgrant are in addition to funds that would have otherwise been made available for the purposes oflbis project. b . The Subgnmtee ccnifies that fedcnl funds made awilable lllldcr thil gnmt i. W'tll not be used to supplant stale or local fimcls; ii. Thal the Subgnmtce's expenditures far the purpose dcscnbed in this application for the mnual period are u great as for the preceding yar plus the awrage mnual inaement in such expenditures for the past !WO, three, four or five yan; OR iii. Where the certification above (3bil1-be made, and there is a reduced or unchmsed local investment, then the Subgnmtee shall give a wriaal explmatioD demonstratiq 11w the Subp-antee's reduced or unchaoged commiunent would have hem necasitared even if fede:raJ financial support andu 1bis f<dcnl gr.mt program bad not been made available. · 4. CERTIFJCATION REGARDING LOBBYING (s,J,8J"IW«S raccillbtg SJ00,000 or mDrC ill tollllfllilralfands p, year. c 18 CFR Part 69.) Toe prospective Sub grantee a:nities, by submissioa of tbil proposal, tlia: a . No fedenl funds received through this subgnmt will be paid to any person fot influcncinl or lllemp!in1 to iD1lnace an officer or employee of any agency, a member of Congress, a, officer or employee of Congress, or a employee of a member of Congress in coMection with the making of any federal gnmt, the entering into of any coopcralive agree:mcnt, and the extension, continuation, renewal, amendmont, or modi1ication of ay federal ll'mt or coopentive agreement; and, b . If any funds other than funds through this subpmt will be paid to any person for influencin1 or anemptin1 to influence an officer or employee of any agency, a member of Consress, m officer or employee of Consress, or a, employee of a memb~ of Congress in connection with 1bis subgrmt, the pro$J)Cdive Subgrmtee shall complete and submit Standard Form-L.LI.., "Disclosure of Lobbying Activities." s. CERTIFlCATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTAllY EXO.USION (Sub grantees receiving SJ 00,000 or more ill tou,J ftdcralfands p, yur. S.. 28 CFR Pan 6.) a. The prospective Subgrantcc certifies, by submission oftbil propoAI, dw neither it nor ill principals,~ or supplim are presendy debarred, suspeoded, pcoposed for debarment, decllred inelip'ble, or YOhmlarily acluded from participation in this transaction by any Fedenl depanment or apncy. 6. CERTIFICATION REGARDING DRUG FRll WORKPLACE (Sa. 18 CFRPart 67. Subpart FJ a. The prospective Subgnntee certifies, by submission of Ibis proposal, that it will comply wi1h the Dru1 Free Worlcplace Act of 1988, as implemented at 28 CFll Part 67, Subpart F. 7. CIVIL RIGHTS COMPLIANCE (S.c, 28 CFR Part JJ.) 4 D I • • 0 .~ COLORL\DO GR.\.NT REQUIREMENTS a. Upon award, each Subgrantee will be provided DO's Form 30, entitled "Ccrtificalion of Complimce with Regulations Regarding Federal Civil Rights Requirements and Equal Employment Opportunity Plans (EEOP). and will be required to do the following: i. The Project Director must submit the form to the Subgrantee agency's Authorized Official far this grant; ii. Toe Authorized Official must review the form iD conjunction with subgrant agency personnel n,spons,ble for reporting civ,1 rights findings of c:liscrimiiwion; iii. The Authorized Official must acanrely complete the required information and provide all information requested; iv. The Autborized Official must provide an original signature on tbe form as indica!M; and, v. The DCJ 30 Form with original signann must ·be returned to tbe Office with the Stmment of Grant Awvd (SOGA). b . Azly subgrant agency findings of discrimination must be reported lo tbe Office of Preparedness Security and Fiie Safety wi1hin 4S days of receipt of this grant award, and to the Office for Civil Rights, Office of Justice Programs, and U .S. Department of Justice. 8. NON-OISCRIMINATION a. The following federal non-discrimination cites apply in particular. tbe nondisc:rimimlion requirements of the Omm1ius Crime Control and Safe Streets Act of 1968, u 1111C1ded; Title VI oftbe Civil Rights Aet of 1964; Section 504 of tbe Rehabilitation Act. of 1973, as amended; Subtitle A, Trtle ll of tbe Americas wi!h Disabilities Act. of 1990, 42 U.S.C. 12101, a. SCI/· and Depanmmt of Justice Regulations on Disabilily Discrimuwioa, 28 CFR Pat 3S and Pllt 39;T'rtlc IX of the Education Amendmem of 1972; tbc Age Discrimimbon AJ:t of 197S; the~ of Justice Nondisaiminalion Regulations 28 CFR Pm:t 42, Subparts C, D, E, and G; and Executive Ordc:r 11246, u amended by Executive Order 11375, and their i,q,lcmenting regulations, 41 CFR Pm:t 60.1 a. Slit/,, as applicable to consauction con1nds. 9. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) AND NATIONAL m.sTORJC PRESERVATION ACT NBPA) COMPLIANCE (42 USC §§'321-4370and 16 USC §470) . a. The Subgrantee a~ to assist tbe Office of PrepaRdnea Security IDd Fiie Safety md the Office of Justice Programs, U.S . Departmmt of Justice, in complyin1 wi!h the National Envi1011me,1tal Policy Ar:t, die National Historic Preservation Act. (NHP A) and other rclaled federal cnvironmcnlal ~ analyses requiranmts in !he me of these p-ant funds either clircclly by tbe Subgrmtec or by a subc:cmlnclao-. >.. Ions u !he activity DCCds lo be UDdataken in order to use these grant lunds, this ·r,ia, A rcqairemmt first must be met wbctber « DOt tbe aamties listed below are bc:mg specifically fimdcd witb these gnmt fllnda. The activities covered by this special condition arc: b. New construction; o. Minor teno,'Glica or ranodclini r.f • prr,p,:ny cttlia liJt.:d oo ur ctlpl;lc r.:.r llililig uii clic Nilluiiil ~ ur Historic Places, or located within a 1 ~yes 1lood plain; d Renovation. lease or any other proposed use of a buildins or facility tbal will cirbcr result in • chanF in its basic prior IIIC, « sipificantly change i1S size. e. lmplcmcntllion of a new program involving die use of c:llemicals olhcr !ban chemicals thal are either pun:bued u an incidenial component of a funded activity and traditionally used, for eumplc, in office, household, rec:rational or educational environments. B. PROGRAM SPECIFlC REQUIREMENTS The following program specific requircmonts arc imposed by tbe Fcdenl or Swe sponsonns asencY conc:cmin& specil!l requjrcme:nts of law, program requirements, and other admimslrative requiranc:nu wbich IIIUlt be passed OIi io subgrant award recipients. These requirements are more likely to chanse from year 1o yar !ban tbe special provisions and federal cem.ticd assurmccs shown above, and usually vary across offices wi!hin tbe Office. 5 t COLOR.ADO OFF1CE OF PREPAREDNESS SEC1.JRITY AND FIRE SAFETY OPSFS REIMBURSEMENT REQUEST See detailed instructions on the back of th.is form.) SUBGR.ANrEE AGENCY: ADDRESS : State reimbursement check (warrant) will be smt to addres.! aboYe, notm. Grant Number OD chedt stub PROJECT TIILE: GRANT NUMBER: I PROJECT DURATION: FROM: PREPARED BY: Phone: ( ) SEcnON I: REIMBURSEMENT NEEDS FOR TIDS TIME PERJOD • 2. Less Mm:h available durina this time period 3. TOTAL FEDER.AUST ATE-AWARDED FUNDS NEEDED DURING THIS TIME PERIOD (LiDe 1 minus LiDe 2) SEcnON II: REIMBURSEMENT SUMMARY AND REQUEST 4. Tow Amount ofFederal/Swe Dollar Award: Fax: ( 5 . Total Amount of Federal/Swe Dollus Received to Dale: 5.$ ____ _ 6 . Tow Amount of Federal/Swe Dollan Requesled, Not Received: 6.S ____ _ 7. TOTAL AMOl.J,NI' OF THIS REQUEST (13 above): 8 . Totals ofLioes 5, 6, & 7: 9 . Federal/State Award &lance (Lme 4 minus LiDe 8): TO: i. s ____ _ 2.$ ____ _ 4.S ____ _ I.S ____ _ 9.s ____ _ A LISf OF ALL PURCHASES AND EXPENDfl'UJlES MUSI' BE ATIAgnm TO 11IE REIMBURSEMENT FORM REQUIRED PROJECT DIRECTOR S1GNA11JRE b SUBMIT lWO SIGNED FORMS WITH ORIGINAL SIGNATURE TO OPSl'S. OPSFS Use Only: O'Ycs; D No Required Quamrly Fuuzncial and Narralive Rqx,ru lia1'C b«ai lllbmitutl ro dau. D Yes ; D No Reported apouiuurrsjustify rhis REIMBURSEJ./ENTnquut _.? b:po,.ses reported rhrough an$ _________ _ Amoll!lt ~:r.iest:d on Line n above is D Approved; D Approved as IIIOdified to.._ _______ ; 0 Daied If Request was modified or denied , Reason :--------------------- t COLORADO OFFICE OF PREP~DNESS SECURITY AND FIRE SAFETY (OPSFS) OPSFS NARRATNE REPORT-QUARTERLY PROJECT TI'ILE: PREPARED BY : DATE: PHONE: QUAJtTERLY PllOGltESS REPORT. Complae Seaioas 1 & n bdow. Refer ro OPSFS Narratiw Rq,on-F&u,I for addidanal infonnalion ro M rq,omd at 1M Old cf the ,,._ dlaadon.) GRANT NUMBER: PROJECT DURATION FROM: TO: REPOR.T COVERS PltOJECT Ac.nvITY DURING 1HE FOU.OWING CALENDAR. QUAJtTEI. OF 20 __ : Oct. 1-Dec. 31 ---Ju. l • Man:1131 -- April l • ,_ 30 ---Jaly l • Sepe. 30 -- NOTE: Prepare tbis repon accordinc ID die iJISlnlCtiom on die rever,e side. Rcquesa for ftmds may be denied lllllas tbis n,pon is cmplee ml filed on time as required by die Office of PJ qwt.dwsi Securily and Fn Safety. SECTIONL QUAJtTD.LY DATAELEMENI'S: NO quanerly data is required; HOWEVER.. rmr to OPSFS Narntive Rq,on-FINAL tbr cbla dial wiD bz'le ID be rq,oned at die ml of die put duration. SECTION D. QUARTERLY NAJlRATIVE On a separaie sbeel(s), a,mplete 1be mmdve U1D11 die filrmM below. brdade 1k Gna Mnbttr, quanu bd1lf rqx,rud. 111111 t1au ;,, rlw /wodint. Niatbcr ma\,. cf,,,. lll2mlliw m:11an. R.q,ort acriYilia a aa p1 llld objectiwL 111berc WU 11D activity toward a panicular ob_jeaive duriDc die quarta', Sla1e -=ilia die ~ Bn:al IU ..-.. !Iowa by q,m11:r, • ,,_ IO -die most JttCmly appro-S eoaJa and objcaM:a. Report problems, clJaaces, ocher activilies, and impact for eacb quuU:r. 1lae IWjli)IIUllS oftbe report ue llt/l iaclmled lllldcr eacb pl lllld objective. Tbe narntivc section should he I Clllllulative mmlive (i.e .• tbr founh qaaner report will iDclude intbrmalion on aD bJr qaaners.) Format: GOAL!: Objective 1: Project Activities:Fin:t Quarter Secaad Qmrur 11,ird Qum1a" Fourtll Quarter REPE.ff THE ~FORMAT FOR~ GOAL AND OBJECITVE. COMPlEI'E THE FOU,OWINGFODIAT FOlt. E.fCB OF IBE FOU..OWING COMPONENTS: PROBl.cNS, CHANGES. OTHER AC17Vl77ES. AND INPACT. FOil ELOO'!E: Pr'-'-""obl=ems=: __ .Fin:t Quarter Secaad Qlm1er Third Qlm1er Four1h Qaarter fyped Name and Title of Project Director Sigmmre of Project Director / Date SUBJ.\1IT TWO FORMS WITH ORIGINAL SIGNATUR.ES _TO OPSFS t 0 D DETAI LED INSTRUCTIONS FOR COMPLETING OPSFS Narrative Report -QUARTER!.. Y o copies or this form, each ~th 211 oripnal sia:nature, must be submitted within 30 days after the cloaoc date of the caleodar quarter.) Cf211l~: This is the a,.oency to which the federal cr:ant award was made. mt Number. This is the v,mt number assieoed to the project by OPSFS. It cm be found oa ~ Stateoent of Grant Award. jtct Title: This is the name of the project, which is identified oa the Statement of Grmt Awanl. ject Duration: This is the period of the cnnt award indicated by tbe beponiD& aod endloc dates f._d oa tbe ~ vi Grant an!. It CUI be chanced ooly if the project requests :and receives a cnnt mmsloa as explaiDed In the AdmloilU'alhe Gaide. This is tbe name of tbe ~ wbo actoally prepand the report. ~ Tbls Is tbe date the form ls aaplelad. I!' This is the pl,-e llUIDber of the ~ who actoaUy prepand the report. PleBe iDclode tbe ana code. MXt co .. m Ptoiect Actiyity Darinr. Iaclicate tbe ,.._ aoc1 cbeck w11icb calendar quarter tbis report _.en. If roa an repan1nc ,. than a 11111 quarter, dleck die applicable qaarter, md write ia !be aact dates ~ e purpose of Ibis report is to pnmde OPSJIS witb saftldmt informaliaa to -'lw pat imp! lt4i-e and adlieacllil!n; -•: of ectbes. Refer to the Admlnistrl4be Guide or coabd OPSFS for darilladiaa of ay itaL CTION I . QUAJtTDU.Y DATA ELEMENTS NO qaarterly data is required; BOWEVEJt, reler to OPSFS Na"Tathoe Iteport-'1NAL data that will have to be repor1ed at die _. of tbe cnnt duratioll. CTION D. QUARTERLY NAltRATIVE Use as llllillY separ:ate sbeets as neass:ary and iDdude die Gnat Nlaber, qaarw beiDc oorted, and date ill the badiDc vi eKh. Number each pace ol the narrative sedloa. This MCtioa sbaald be CDallalift, f"°"1rinc tbe mat indicated .. die ~ pace. it,;t Aclimies: Report acti'ritics for w11 eoa1 w1 Gb,ledm. Ir ct.re wa ao adhity '-II a i-&-r objdft --. tbe ..-. te suda iD Ille aarratift. Break this iofarmatioll dawa by quarter. Be sure to -Ille -~ apprwed .-aad ~ 'l1le iffies ttpOl'led sbaald iDdude ti-e related lo die impl,m 4s4i-e ad impact ol tbe project. Tbls ..W iDdllde • ....,. ol-, a callected. nae ac1mt1es ....,. be repartec1 1a oarntm or ta111e f--, wbic:Mtw is 4¥upcl'4a, ........._. tbe _.. o1 tbe ieain. Acimtios must address the prop'ISI made toward meetmc pis ad Gbjec:tms. 'l1le f-* qaaur aandft .-aplcldJ te wbelhu or -each abjedive was met. If it --met, aplaia wily. jeaives r-ep'esent tbe means by wbidi maoacen ~ tbe meat lo wbic:11 project pis an beb1c • a 5 t I Wmdfr tbe - CH:ft"oct relaliaasblp between project adMties a;d pis and objedm:I. "'-olljedms relate lo lmpkm ,,.. • rtl CM project IUdl birioc st:.lf, obtainioe facilities; etc. Impact objedi-relate to tbe project impact (e.c., 1-Delmd -.ity related -a;d lleS). oblems: Describe any problems the pn,ject bas encowitered durioc tbe curnDt qaarter. IDdicate tbe mps JOD Uft ,__ lo r...a.. m, or sui::,:stioos for ways OPSFS or other aceoc:ies micbt help yon to resolve them. It Is ospecialJ ~ lo tlKim al problem inldy so that they c:m be cleaJt with aod nsohed prior to any possible nquosts for r.tm-e l\mdlDc ol tllis pro;.:t. oject Chapges; Describe any major chaoeos or modillcaticms whicll ba'ft occarnd or wbldl an Niai cmmi....S. Eaapla _.. m:-s ill principal staff positions; objecti-.s added, modified or deleted; aacl locatim clamps. Pr..,..: c:maa-ol ~ • lladslt e items must be submitted for prior appronl on the appropriate forms. lpdusiog q( fflffl ip tbe 9PM1cd! rn,rt •apt-ms-r,r hff Acthities: Briefly Sllllllllarize any other project ac:tmties which may or may IMt have hem spedflwl ill die crat un Mtw, !lat iic:h may contribute to the procress ol Ille project. · o jtct Impact; Include an analysis ol lbe project's impact on the problem st:4-' addr-.1 ill tbe appllcatla. Wlla It Is tao wly the lift o( Ille project to rq,ort clefiniti-.eJy CID impact, a stalaoent to that effect widl U apaatloe of~ ell It ... aadl Sick as CUI be oi>Rned will be suffideot. The :aoalysis sbawd idmtify the specilk waJI ill wllidl tbe ~ ... W M apad (l.a., J melaod seairity issues). If the proj ect bas a direct impact upon _. as-:1' or w:1hity it sboul be cllc,awl--. Y• may• d :any other comments. SUBGRANTEE; PROJECT TITLE 0 0 COLORADO OFFICE OF PREPAREDNESS SECURITY AND FIRE SAFETY FEDERAL/STATE AWARD. CASH MATCH, AND IN-KIND MATCH FUNDS OPSFS QUARTERLY AND FINAL SUBGRANT FINANCIAL REPORT See t he reverse s ide of this form for detai ed instructions for comoletina this form GRANT NUMBER: PROJECT DURATION TO: PREPARED BY : :.<tJ-~~:R QU ARTER OF YEAR ---DOES THIS PHONE :( I TYPE OF REPORT: July 1-Sept. 30 1. Ouonarly Pro9rtu __ : Ouaner I/ __ ; .,,d/or 2. Anal Report Oct. 1-0.C. 31 EXPENDITURES Budget Category Panonnel Suppies and Operaq Travel Equipment Consu!ta,ts and Professional Semen Con fidential Funds TOTALS Fund Source Award Cuh Mlnch 1B lr>-tindMoU:11 2 sh Mot c:11 22 T Award 2, C-Motc:112~ lr>-lund Match 29 Finoanci• Officer·s slv,ian.ore / Dete Approved Budget A Expancllbna lleglnnlnv of quster C on ,m,loua I B Expendltu,-s ThiaOuaner C Total Expenditures 10 Date (A + Bl Unpaid Obllgatlona at end of quarter i l • TAILED INSTRUCTIONS FOR COMPLETING OPSFS Financial Report leading ubgrantee: This is the agency to which the federal grant award was made. f --. (.__ j rant Number: This is the grant number assigned to the project by OPSFS. It can be found on the Statement of Grant NMd. . roject Title: This is the name of the project which is identified on the Statement of Grant Award. Juration: This is the period of the grant award. It can be found on the Statement of Grant Award, and is changed only f the project requests and receives approval for a grant extension . repared .By: This is the person who actually prepared the report. ate: This is the date this form is completed . 1one: This is the phone number of the person who actually prepared the report. Please include the area code. pe of Report: Check whether this is a quarterly progress report, and indicate which quarter number, or the final report at e end of the project. In Ylose cases where the last quanerty report is combined with the final report, check both Quarterly ogress and Fmal. The Final financial Report may be combined with the last Quarterly Financial Report only if 11 tha Narded funds and any required match have been fully expended; 21 there are no unpaid obligations remaining; and 3) the port is submitted no later than 30 days after the end of the grant award period. · llendar Quart• Which This Report Covers: Fill in the year and the quarter you are reporting on. pencfrtures: Federal/State Award, Cash Match. end ln-lC"lnd Match: eport all expenditures approved to be charged to this grant, broken down by category and source • federal/state award, 1sh, and in-kind match. If the project does not have a cash or in-kind match required, report only federal/state award penditures . each column, carry the sum of all "Fund Source• rows to the Budget Category "Total" Row. For example, in Personnel, put e sum of rows 1, 2 and 3 (in each column) in row 4. In "TOTALS" under Budget Category, enter the sum of tha Fund ource amounts from the rows above in each column. For example, Award (Row 124) would be tha sum of rows 1, 5, 9, 3, 17 and 21. To double-check your figures, Row 27, "TOTAL$" should be equal to the sum of rows 24, 25 end 26; and to ie sum of rows 4, 8, 12, 16, 20 and 23. Approved Budget: List the approved budget (federal/state award, cash match, in-kind match, end total dollars) in each Jdget category. If you have no approved budget in orie or more budget categories, leave those lines blank. pendnures Beginning of Ouaner (column labeled Al: If this is the first fiscal report of the grant award, this entire column IOuld be zeros. No expenditures are allowed before the beginning of the grant award period. this is a subsequent fiscal report, these figures should be th~, same as the column labeled C on the pn,vioua quarter's nancial report. This column indicates the total program expenditures prior to the quarter you are now l9PC)f1ing on. penditwes This Quarter (column labeled Bl: Enter all federal/state award and cash matchliin-kind match e:q,endilures made ring this quarter by budget category. tal Expenditures to Date (colwnn labeled C): Add columns A and B across and enter the total in column C. npaid Obligations: An unpaid obligation is a fiscal encumbrance which the su1>11rantee is legally obligated to pay because it 3S ordered something, or has entered into a subcontract for some service, but which has not yet been paid for at the end of e quarter. Unpaid obligations may or may not exist at the end of any given quartet' in a project. No Unpaid Obligations can charged to in-kind match. No Unpaid Obligations can remain on the Final FUlllncial Report. The following examples of unpaid obligations are not intended to be al inclusive: ersonnel: Future (beyond the end of the quarter) personnel costs are never an unpaid obligation. uppries and Operating : You have signed a purchase ord81' for office supplies, but you have not yet paid the bill. However, Jture anticipated expenses for which no legal obligation to pay exists are never unpaid obligations . ravel: A staff member submits a travel voucher for travel which occurred during the quarter you are reporting on and you ill not have an opportunity to pay the travel before completing the fiscal report. quipment: You have signed an order or contract to purchase a vehicle, but you have not yet paid the bill . Tofessional Services/Consultants: You have entered into a contract with a consultant to provide a service. The unex;,ended TIOunt of the contract at the end of the quarter is an unpaid obligation • ignatures: Both the designated Financial Officer and the Project Director must sign this report. Two original signed forms, 11.:st be submined to OPSFS . QUARTERLY REPORTS ARE DUE NO LATER THAN 30 DAYS AFT£R THE END OF THE QUARTEII. FINAL REPORTS ARE DUE NO LATER Tl-lAN 45 DAYS AFTER THE END OF THE GRANT PERIOD. COLORADO OFFICE OF PREPAREDNESS SECURITY AND FIRE SAFETY EQUIPMENT PURCHASED INVENTORY SHEET Phone: (303) 273·1851 Region / Area 15055 South Golden Road, Golden, Co. I0401 Pr.,ject Director: Fu: (303) 273-1111 SubGranlee: Address : Quarter/ Fiscal Year: INSTRUCTIONS ; Hem/Product Manufacturer SerlatNo. Ouanllly OlltePUfdwNd O ... Recelwd Cost/Each Total Coal II em/Product Certlllcallon : TNs form .. to ... complNcl by .. pllclc:ltonel paH "'conlacl Enter 119 -d .. llem/pnldlic:I pun:llaed. e ....... _,,, .. p,oduct~. Enler h part nunw d pn,dud puidlelell. Elller ......... ,,, ..... pun:laed. Elller ... -... pn,ducl---· e ............... pn,dud_ .....,.... Elller ... _.,,._ ... """"""' E-... quanlty .,_ P11ce I* Ndl pn,dud to oblalll tolel pilm. Manufacturwr SerlalNumber Telephone Number: Fax Number: E-mail Address: UIV Dale Pun:huecl Dale Received CoeVEac:h TOTAL COST Uraited States Departmeat ofHomelaad Security Office for Domestic PrepaRdnas Auaustll,2003 Ma. C. S-Mnccr Colondo l>eponrMm of Public Safety 700 KipliDc Stnoet. Suite 1000 Denvu, CO 80215-5865 I -plascd 10 iafimD you 11111 the Ofllca for Damalic P1Cjlii IIMa 1-app,,,wd die appliclliaa ftir llalilla ..... the U... Araa Security lniliaivc Grarra Propm II iD the -ofS15)61,474 for Colaado ~ ofPul,lic Sall=ly. Thia ftmdiac will llelp your -ara(a) ...,__ itl/thcir capacdY IO..--.....,._ -.b ia,,omr,a c:llemial. biolap:al, lldiolop:II, _,._ or aploam (CBllNE) clovica. • well a impnM Ibo lliility of-.,,i 1oca1 -.,.,cy ,.._i IO iflbey clooccar. Wida dlil llaldina,:,a,a-,,....,...~...,_.......-,awella pay for -relaal IO planairlc. candilcliDa lDII ffaluaiila dmaical, biolapcal, ............. -=-ad aplaoiw CBllNE) cun:illl. dalililbiDs CBRNE........S ....... ,.....-ad_. ........... oftM U..... Ala llmmllad Secwicy Sftlosy, ad_...,... lftd ........... --,d wid, ... imp! . I I of• .....ii lJnloa Sccurily laitiolift. I bope dlia iafomma ia ,afbl and will help witli die coardillllica.,.,... fidonl, -. ad local illiliaiva dill dal widl tn111JC1iCY ~ ad 111R -oftbc capobililia of~ ............ toetr.:liwly ....._ CBllNl! lanlria. c-..,... will tlad die Ocw Awad ad Special Cwitiw doW. TlliaaWlnl iullljecltoaD I · · aiwe ad a--,..,... ......... lirncly ....... ofd llawial aad1Nc+ air .............. .,, ......... tladiap;ad ... .....,....ofa........,.lnelof...._.-. ..... ,...,...._.......... ,)'llllwil lie ir, via1aioa ., ... _ o/tllis ..,_ ad IIIR awanl wiD be 11111,joa IO ........... _ ar.... airi __ _...,.__ Fimacial ~ die Offlcc ofdlc c........,u,.,. c-s.m.:. c-<CSC> a IOO) 451-4786, or,... may -die CSC • ..lkoc(iojp.alilj.p. IXHIIIT Js . I I I I U.S. DEPARTMENT OF HOMELAND SECUllITY II PA.OE I 0, 2 Grant OFFICE FOR DOMESTIC PREPAREDNESS I I I. RECIPIENT NAME AND ADDRESS (I ....... Zip Code) 4. AWAI.D NUM8D.: 200J.IE\J-Tl4117 c ...... ~..--icSdlly 700KJol ... -.-.... S. PIIOJECT PElllOD: FaOM 07/0IIZOII TO -o.wr. co IOllS-j"5 ' BUDGET l'UJOO: FaOM 0741l/20CII TO - I 6.AWAlDDATI Dllll/200l 1.ACTION .. I A. Olt.,\J'r,ITE£ IRSIVDIDOI NO. I .SUHU!MEl<TNUMJIU -. . ._.. n, t. PUVIOUS A WAIUI AMOUl<T so PllOJECT1TTU 10. AMOUNT Of 'THIS AW AIU) S 15.561.474u---·-aa.-u ll, TOTAL AWA.AD S IS.Hl.47• 12. Sl'EOAL CONDfflONS THE AIIOVE ORAHT PROJECT IS APPIIOVED SUBJECT TO SUCH CONDmONS OR UMITA TIONS AS ARE RT POaTll ON THE ATTACHID I PAOl(Si 11. ST AT\JTOI.Y AUTHOIJTY fOlt 01.ANT TW1p,Djectil..,,...._...P.L JOl,.lt a,. METHOOCWPAYMl:Jff LOCU I AGENCY APPROVAL OIIANTB MXIPTAHCSI 16. TYl'£D NAMI AND Tm.I OIi AIPI.OVING OHS OPFICIAL 111. TY"1>NAldAIIDTITUO, AUTIIOaJZIDGaANTDOl'ftCIAL T.M_... C--- A .... Onc,w.~lwOoaoac--- 11. SIGNAT\ll.E Of APNOVINO DffS OfflCIAL 1'. SIGNAT\JU OF AVTHORIZ!D UCIPIINTOff1CIAL lfA.DA1W f ~ -~ -- I ~i/,3 AOENCY USIONLY 10. ACCOUNTING CLASS1f1CATK>fil C00ES AMOUWT I ll. IUOlV-12 FISCAL FUND DUD. DIV. YEAA CODE ACT. OfC. lEG. SUB. POMS l T EU :s 00 .. J,S614l4 I 0 OJP FOAM~ (lEV. S-17) PREVIOUS ElltTl()NS Al£ 08SOl.£TE. • • OJP FOll.M 4000'1 (lEV 4-11) ei S O l; ; I " ' " " l" . • ! " , . . . , . . ~ ; ~ s 1 i I r = l i f r 11 1 · i. f > r fl l " r. Jt r Jr i i r t r i 8 r: ; iE 1t : f: ! 1: ~ 1: , , . ( . t 11 I 11 I J rt t Zf f : rt - ; : I Ii ! 1 ~ ~ ~ i1 1J r I ~ II ll rI ; l a· 1 ! 1 11 5 l ~ : il , tt f _ i l' ! H ln H d l , u fi ~ e ~ D' iJ ' t . 1' 1 · 1r l r 11 j [ 1! ti i I • t - t = I ' I : i s. l. 11 ' 1 . : ~ ~ 1 l! ta ] ~ t· 1' J i ta 3! ; ~ ll ~ l' t. · J, IJ 1 p1 1 ~ • . 2. t. . I I' l: ! lf ~ ! : : ~ I l . s. i1 r , 1 a. J . l 1 ! r : . ~ [ ~ Il l Jf l l ! 1 lh 1 f 1h ( J! JJ I J Jl i l > ~ i I: l t 1 • . . . . I . ~ l I ri f tl r Si l I I : ; I ~ : p df ! U • 1i . ' Jf i } U ~ , 1 i i i r · ! i- c m rf lJ I l = t I J ! I · · , C' l { 1) 8 j ~ - ! : 15 1 ir ~ ~ Ii r. r Jj 1 i , ! ~ ll Ii rJ ! J! rJ ! l} - I lr f f . rJ J ( f ti i 1- 1; 11 - J~ • • t ; i1 ; : lf f 1 1 I d: , i . . i f, f 111t l fl f i J · tt i , , il t ! ii ! I f· = f} rl i• · r~ i f [ lJ " " I I f ' I : n ' 11 - - il . . I GRANT MANAGER'S MEMORANDUM, PT. I: U.S. DEPARTMENT OF HOMELAND SECURITY PROJECT SUMMARY Gnat omCE FOR DOMESTIC PREPAREDNESS PaOJECT l<UMBEJI I PAGE I 0, I 2GOJ.£U .TJ.<I017 TWo,..;.oo---P.L.IOl-11 I. STA»CONTACT(I<-A ---) 2.PllOJIICTDIUCTOa __ ... ...,...._ -- CAJlMEN VELASQUEZ,USAI PROGRAM MANAGER ll02)Ul-'19l ,.~-,.;. -- 0c-... co..,,~,.., ,, '. 303-239-4449 la. TrTLE Of TH£ ,aOO&AM 1" l'OMS COIie (SU ll'llnUCTIONS u.-Ana s.c.rily llliliariff Oral,,..,_ 11 OHUVUSE) 4 . Trrl.E Of PROJECT' Urt.a Ana Senriry 1...-;.. <ital,,..,._ II l . NAME A ADDaESS Of OaANTU 6. NAME A ADUSS OF SU8GIAJrf'l'EI: c __ .,,_._ ooit...,.-.,...,000 0-., CO IOllS-"6J 1 . PllOOJlAM PERJOD I . IIUDG8T PUIOD FROM: 07/01/lOI.J TO: Oill6'20D5 ROM: I TO: -- t .AMOUNTOf AWAA.D 10. DATI 0, AWA&D SU,.561.474 Olll 11211J 11. S£C0M0 YEAl'S BUDGET 12. SECOl'OD YLU'S aUDGET AMOUNT ll T>UltD YEAJt."S BUDGET PEI.JOO 14. TIUlD Y!Al.'S 8UDGET AMOUNT IS . SUMMARY DESC1UrTION OF PROJECT (S.. ---ca,.....) Tlvw1h dw. acc:ar4. lkll* ofC... w.alrKSmpan1 naidiat ·--elSIS.S61.414,• ....... .,..._ .. '9 .................. arnafDn'WfffOftbcplftMM•f..,..,....:r,..,.._........_,.~,.._.•........_~_. ........................... ndiolop:al,1111ClcwalMilcxplos,ff(CBlNE)c.alfflMI.Maaww..acaaN1....,....., ......... .____. ............. ., .. Ur'Ma Arca Homs .... S«nnty5'ntec,,_,far~-...__...~_....--............. ef ....... U..,._S.-, ln 11lab°'I ThcOtawer..-.... w.Urec.tw•llaSJl.4),&,ffl.JO ............... OJP FORM 4000(2 (J,EV. 4-U) n.~ .... ,,... ....... _. .. __ .... ., .. _ .............. _ .. ...,.... ... ..._ ...... _ ..... . ...-. ................. -.-...... _,,..... ____ ....,....., .. ~--....... ,-. no-• ..---.--• .,--_ _. __ ,....,._ ___ ..,_.., , ......... .,.._..._........, crilicll_wMllia ....... -. ........... .....,. ,,. ........ ....-,._........._.,_. faaor., ........ ., ..................... ~ ...... .,,__ C Deoartment or Aeencv Number: RAA CLIN: FEIN: Ft-/-~t)OI) ~cf"O CFDA#: To be indicated in SOGA u auolicable MASTER CQNTRACT This Master contract, made this 7th day of May, 2003, by and between the State of Colorado for the use and benefit of the Department of Public Safety, Office of Preparedness, Security, and Fire Safety (OPSFS), 15055 S. Golden Rd., Golden, CO 80401-3971, hereinafter referred to as the State or Department, and Denver Cowity hereinafter referred to as the Contractor, RECITALS l. Authority exists in the law and funds have been budgeted, appropriated, and otherwise made available, and a sufficient \Dlcncumbcrcd balance thereof remains available for payment in Fund Number_. Contract Encwnbrancc Number~ detailed in Statement of Grant Awardfs). 2. Required approval, clearance, and coordination has been accomplished from and with appropriate agencies. 3. The State annually and/or periodically receives funding from the following federal agencies: the Federal Emergency Management Agency (FEMA) -under the Department of Vctcrans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000, Public Law 106-74; Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, Public Law 93-288, as amended; 42 U.S.C . 5121 et seq.; 42 U .S.C. 5195 et seq.; Omnibus Consolidated Appropriations Act of 1997, Public Law 104-208; and Department of Defense Authorization Act of 1986, Public Law 99-145 as amended; U.S. Department of Transportation (DOT) -under the Hazardous Materials Uniform ·Transportation Safety Act 1990, Public Law 101-615, 49 . U.S.C. 5101 et seq., and the U .S . Department of Justice (DOJ) -U.S. Department of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act of 1999, Public Law 105 -119, and similar funding which will be distnbuted through the Homeland Security Act of 2002, Public Law No. 107-296, for the purpose of supporting emergency management and preparedness activities to include administration. homeland security, anti -terrorism, emergency planning, training, exercising, hazard mitigation. and procurement of facilities and equipment 4 . Local units of government (counties, cities and towns), Councils of Government COG), and Local Emergency Planning Committees (LEPC) have been determined to be each authorized eligible Sub-Grantees under the above identified Public Laws and statutesllf•' .u1111 ___ " IXHIIIT Page 1 of 13 c rm ·-. m · mm: == well as under any present legislation that identifies all or some of the entity types specified above as eligible Sub-Grantees, and CFR 40 Part 33, CFR 44 Parts 13 and 302, CFR 49 Part 110, and CFR 28 Part 66 . 5. The State annually or periodically distributes federal funds received to existing contractors, determined to be eligible by the State using State and/or federal eligibility criteria and which are in good standing, using State developed application process, and allocation procedure. The Contractor has been included as a potential funding recipient by the State for emergency management and preparedness funding, to enter into this agreement and to undertake the services desired by the State and federal government As part of the application evaluation process, the State may or may not have modified the Contractor's application and/or funding request to conform to program requirements and/or fund's availability. 6. State fiscal rules require a State agency to enter into a contractual agreement in order to pass funds to either a local governmental entity or a quasi-governmental entity such as a COG or LEPC. 7. This Master contract is in keeping with applicable State law CRS 24-50- 504(2)(aXcXe), personal services contracts not implicating State personnel system, and CRS 24-33 .5-1604(1), duties and powers of the Office of Preparedness, Security, and Fire Safety (OPSFS) and the rules and regulations ofthe State. 8. The Contractor is capable and desires to perform the services. NOW THEREFORE, subject to the terms, conditions, provisions and limitations contained in this Master contract, the State and the Contractor agree as follows: 1. Scope of Work -The Contractor agrees to carry out the scope of work described in each of its application packages [as possibly modified by the State] for emergency management and preparedness activities, as approved by the State in its Statement of Grant Award (SOGA) (Ex]ubit A), and to do so in conformance with this Master contract and applicable federal and State laws, rules , and regulations pertaining to each specific grant At its sole discretion, the State reserves the right to modify Grant Applications and reduce requested award amounts at the time of the initial award. The State docs not guarantee the Contractor will receive an award or any minimum award amo\Dlt Upon issuance ofan award from an individual application [as possibly modified by the State], the SOGA and grant application will become a part of this Master contract Contractor agrees to accept any awards resulting from modified applications or modified funding requests. Multiple awards may be issued under this Master contract. 2. Performance Period -'This Master contract shall become effective upon the date of its proper execution by the State Controller or dcsigncc and shall contin ue for a period up to five (S) years, u Iona u the State continues to de signate the Contractor as an eligible recipient of funds . All SOGAs (Exhibit A) Page 2 of 13 rram and modified SOGAs (Exhibit B) that may be issued hereunder will identify the performance period associated with the particular grant(s) involved. 3 . Legal Authoritv · The Contractor assures and warrants that it possesses the legal authority to enter into this Master contract The person signing and executing this Master contract on behalf of the Contractor does hereby warrant and guarantee that he/she has full authorization to execute this Master contract. 4. Compensation/Maximum Pavable -All SOGAs (Exhibit A), issued by the State under this Master contract will authorize the Contractor to expend funds and initiate requests for reimbursement up to the amount of the grant award and in accordance with program policies. After the original issuance of a SOGA, the parties may amend the funding available on an award by utilizing a modified Statement of Grant Award (Modified SOGA) (Exhibit B). No SOGA (Exhibit A), or Modified SOGA (Exhibit B) shall be deemed valid until it shall have been approved by the State Controller or his designee. 5. Billlng/Pavment Procedure -Upon receipt of the supporting receipts, reports and summary documentation, the State will reimburse the Contractor for eligible costs incurred under the grant Payment and interest is subject to State Fiscal Rule 2-5 and section 24-30-202(24) C.R.S. (1999). A State wammt or Electronic Funds Transfer (EFT) will be issued for reimbursement of eligible expenses. In those cases wb~ a Contractor may have a cash flow problem verified by the State, the State may reimburse the Contractor based upon unpaid vendor invoices. In these cases, which are an exception to normal practice, the Contractor shall be responsible for payment to the vendor and providing paid vendor invoices to the State for its records. 6 . Advance of Funds • Some federal grants such as those for Homeland Security, Emergency Preparedness, Operational Planning, Anti-Terrorism, and Weapons of Mass Destruction (WMO) equipment purchases programs provide for an advance of funds. In such cases where the federal grant program allows for advances, it will be the State's (OPSFS) decision as to whether a specific Sub-Grantee's situation warrants the use of an advance. In cases where an advance of funds is authorized by the State, the Sub-Grantee wiU be responsible for maintaining expenditure records, and reconciling such expenditures with the advance of funds, based on a reporting schedule determined by the State. If the State authorizes advance payments of grant funds, such advance, will be made in accordance with the then current State program policies and in compliance with standard grant cash management practices as defined in 44 CFR Ch.I, Pan 13 .20, which require that expenses be incurred as close to the draw-down date of the funds as is practicable . 7. Current Award Period · An award shall be effective &om the first date shown in the performance period on the SOGA (Exhibit A). For grants of an annual recurring nature the performance period routinely runs &om October 1 of one year through September 30 of the next year. In cases of disaster declarations, Page 3 of 13 0 m the disaster declaration process is such that the actual funds for these programs normally do not become available to the State until after the starting date of the performance period. This results in SOGAs (Exhibit A), being issued by the State for a performance period which may have started several months previously. In this situation, the Sub-Grantee may have incurred expenses dwing this period that are e!igil>le for reimbursement under the terms and conditions of the grant program. 8. Reveniop of Excess funds l2 tbe State a. Any funds paid to the Contractor and not expended in connection with an SOGA shall be remitted to the State upon completion of the award or a determination by the State that the scope of the grant award will not be completed. All State or federal funds enc:umbered under a SOGA or Modified SOGA, but not required for completion of the award will be deobligated by the State. b. It is expressly understood that if the Contractor receives State funds from this contract in excess of its fiscal year spending limit, all such excess funds from this contract shall revert to the State. Under no c:in:umstances shall excess funds from this contract be refunded to other parties. 9. Fipandal Mapagempt -At all times, from the effective date of this Master contract until closeout of each award issued bemmc:ler and through the records retention period (paragraph 22.). the Contractor shall maintain properly segregated books of State funds, matching funds, IIDd other funds associated with each award. Contractor shall be responsible for accountina for and reporting on any required match funding as indicated in the SOGA (Exlubit A) or modified SOGA (Exhibit B). Records shall be maintained in ICCOl'dance with applicable local and Statr -.rocedures, and appropriate 0MB cin:ulan. 10. Report ... -The Sub-Grantee shall m"1 all reportiq requirements in accordance with the then current program policies and any subsequent forms and related program policies as required by the Federal Funding Agency or the State Office of Preparedness, Security, and Fire Safety (OPSFS). All c:banps of policies or forms for the OPSFS shall be tnnsmiaed to Su1H3rantee in writiq. 11 . Amegdmegts-If the State or the Contractor desires to change the level of funding and/or scope of services contained in a SOGA or Modified SOOA, it can do so via the issuance of a Modified ~A (Exhibit B). Any such modified SOGAs (Exhibit B) shall not be deemed valid until the State CoDlroller or bis dcsignee shall have approved them. All other cbanaes require a fonnal wriaen amendment to this Master Contract After the initial grant award, the State may UDiJaterally decreue (usiq a modi&ed SOGA; Exhibit 8) the amount of die grant award provided dl&I die amouDl ii Pqe 4 of 13 t uncommitted, unspent, unperformed and undisputed. Prior to the issuance of any modified SOGAs (Exhi'bit B), the State and the Contractor will have mutual discussion to determine exactly what is uncommitted, unspent, unperformed and undisputed. 12. ~- a. Discretionary Audit -The State and the federal government, or any of their duly authorized representatives shall have the right to inspect, examine and audit the Contractor's and any subcontractor's records. books, accounts and other relevant documents. For the purposes of a discretionary audit, the State spec::ifically reser'\'es the right to hire an independent Certified Public Accountant of the State's choosing. A discretionary audit may be requested at any time and for any reason from the effective date of this Master contract or any SOGA issued thereunder until five (5) years after the date of each grant's official closeout, provided that the audit is performed during normal business hours. b. Mandatory Audit -Whether or not the State or the federal government calls for a discretionary audit as provided above, the Contractor shall include the Project in its annual audit report as required by 0MB Cin:ular A-133, and/ or the Colorado Local Government Audit Law, 29-1-601, et seq, C.R.S., and State implementing rules and regulations. Such audit repons shall be submitted to the Department Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor or applicable federal agency related to the relevant audit report If the audit reveals evidence of non-compliance with applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwidlstuding any other judicial or administrative actions filed pumumt to 29-1-S17 or 29-1-608, C.R.S. 13 . CopQict of lptenst • a. No employee of the Contractor shall perform or provide part-time services for compensation, monetary or otherwise, to a consultant or consultant firm that has been retained by the Contractor under the authority of this Master contract. b . The Contractor agrees that no person at any time exercising any function of responsibility in connection with this project on behalf of the Contractor shall have or acquire any personal financial or economic interest, direct or indirect, which will be materially affected by this Master c:mtract, except to the extent that he may receive compensation for his performaoc:c pursuant to this Master contract. c. A personal financial or economic iDterelt includes, but ii not limited to: I) any business entity in which the person bu a direct or indirect monetary iDterat; any real property in wbicb the person bu a direct or indirect monetary interest; t 0 CJ 3) any source of income, loans, or gifts received by or promised to the person within t'-Nelve (12) months prior to the execution date of this Master contract; 4) any business entity in which the person is a director, officer, general or limited partner, trustee, employee, or holds any position ofmanagement For pwposes of this subsection, indirect investment or interest means any investment or interest owned by the spouse, parent, brother, sister, son, daughter, rather-in-law, mother-in-law, . brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the person by an agent or his/her bchal( by a general, limited or silent partner of the person, by any business entity controlled by said person, or by a trust in which he/she bas substantial interest. A business entity is controlled by a person if that person, his/her agent, or a relative as defined above possesses more than fifty percent (50%) of the ownership interest Said person has a substantial economic interest in a trust when the person or an above-defined relative bas a present or future interest worth more than one thousand dollan 1,000.00). d. 1n the event a conflict of interest, as described in this Paragraph, cannot be avoided without fiustrating the pwposes of this Master contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure Statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves the right to terminate the Master caatract for cause. Failure to file a disclosure Statement required by this Paragraph shall constitute grounds for termination of this Master contract for cause by the State. 14. Contract Saspeujop -H the Contractor fails to comply with any contractual provision, the State may, after notice to the Coatnctor suspend the Master contract or any and all SOGAs or Modified SOGAs and witbbold further payment or prohibit the Contractor from incurring additional obliption of contractual funds, pending corrective action by the Contractor or a decision by the State to terminate in accordance with Contract Termination (paragraph 15). The State may determine to allow such necessary and proper costs, which the Contractor could not reasonably avoid during the period of suspension. 15 . Cogtract Jermipadop. This Master contract (and/or any resulting SOGAs or modified SOGAs) may be terminated u follows: a. Termination Due to Loss of fnwliPI -The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided by the federal government to the State for the purpose of contracting for the services provided for herein. md therefore, the Contractm' expressly understands and agrees that all its rigbts, dernmds and claims to Pa,e 6 of 13 t J a -------===--- compensation arising under this Contract are contingent 11pon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Master contract. b . Termination for Cause/Default • If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Master contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Master contract, the State shall thereupon have the right to terminate this Master contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least ten (10) days before the effe\:livo:: date of such tcrminntion. In that event, all fi.ni!lhed or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Master contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Master contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of offset until such time as the exact amount of damages due the State from the Contractor is determined. c. Termination for Convenience • The State may terminate this Master contract or any and all SOGAs or Modified SOGAs at any time the State determines that the purposes ofthe distribution of State moneys under the Master contract or any and all SOGAs or Modified SOGAs would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Master contract shall, at the option cf the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory services and supplies delivered. lf the Master contract or any SOGA or Modified SOGA is terminated by the State as provided in this subparagraph c, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services satisfactorily performed bear to the total services of the Contractor covered by this Master contract or the SOGA or Modified SOGA, !ess payments of compensation previously made , provided, however, that if less than sixty percent (6()0/o) of the services covered by this Master contract or the SOGA or Modified SOGA have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Master contract or the SOGA or Modified SOGA) incurred by the Contractor during the Master 0 r ·m liiii contract or the SOGA or Modified SOGA period which are directly attnbutable to the uncompleted portion of the services covered by this Master contract or the SOGA or Modified SOGA. In no event shall reimbursement under this clause exceed the Master contract or the SOGA or Modified SOGA amount. 16. Integration -This Master contract as written with attachments and references, is intended as the complete integration of all understandings between the parties at this time and no prior or contemporaneous additions, deletion, or amendment hereto shall have any force or effect whatsoever, unless embodied in a SOGA, modified SOGA or a Master contract amendment incorporating such changes, executed and approved pursuant to applicable law. 17. Severabilitv -To the extent that this Master contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Master contract, the terms of the Master contract are severable, and should any term or provision hereofbe declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. 18. Recapture Provisions -In the event that the Contractor fails to expend funds under this Master contract in accordance with State laws and/or the provisions of this Master contract, the Department reserves the right to recapture State funds in an amount equivalent to the extent of the noncompliance. Such rights of recapture shall exist for a period not to exceed five (5) years following contract termination. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand, if the Contractor's failure is undisputed, or within 30 days of final judicial determination, as appropriate. 19. Assignment -Neither party, nor any subcontractor hereto, may assign its rights or duties under this Master contract without the prior written consent of the other party. 20 . Survival of Cerwp Contract Terms -Notwithstanding anything herein . to the contrary, the parties understand and agree that all terms and conditions of this Master contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the Master contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. ' 21. , opdiscrimipation - a. The Contractor shall comply with all applicable State and federal laws, rules , and regulauons and Executive Orden . Contnetor may utilize the expertise Page 8 of 13 0 0 of the State Minority Business Office within the Office of the Governor, for assistance in complying with the nondiscrimination and affirmative action requirements of this Master contract and applicable statutes. b. The Americans with Disabilities Act of 1990, Public Law 101-336. also refeued to as the "ADA 28 CFR Part 35. The Contractor must comply with ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. 22. Records Retention -The Contractor shall retain for at least five (5) years after the State's closcoul uf each grant all records required for the i;rant including documentation and records of all expenditures incurred under the grant being closed. Retention for longer than the five years may be deemed necessary to resolve any matter which may be pending. This retention is for the purpose of review and audit by the State, federal government or their authorized representative. 23. Compliance with Federal Agreemept/Cogtnct Terms and Conditions, Federal and State Law and Program Rules and Regulatiom -At all times during the performance ofthis Master contract, the Contractor shall strictly adhere to all applicable .Federal and State laws that have been or may hereafter be established. The Contractor shall also comply with all terms and conditions that the State has entered into with the federal government as a part of the grant application. process and as spelled out in grant contracts/agreements, and all applicable federal and State laws, rules, and regulations related to grant awards under this Master contract. These include, but are not limited to, compliance with the following: a b . c . d e. f. g. h. Americans with Disabilities Act including Title II, Subtitle A/24, U.S.C. Sec. 12101 ct seq. and implementing regulations. 0MB Circulars A21, A87, AllO, Al24, and Al33 as applicable 31 U.S .C. Section 1352 -Prohibition Against use of Federal Funds for Lobbying. Privacy Act of 1974, 5 U.S .C. Section 55:!a and Regulations adopted there under. Certification required by 49 CFR Part 29, "Government Debarment and Suspension". Drug Free Workplace . Title VII of the Civil Rights Act 42 U .S.C. Section 2000 d-1 et seq., and its implementing regulation in 44 CFR. Others as may be included in the SOGA (Exlllbit A), for a specific grant. Unless otherwise agreed by the parties, the Contractor assumes and will discharp the obligations of the State :is grantee and recipient under the Federal Terms md Page 9 of 13 CZ Conditions, including the specific and general assurances as may be covered in Appendices thereto, concerning compliance of specific federal statutes such as those addressing the Civil Rights Act of 1964. 24. Special Conditions and SOGAs -Beyond those conditions contained in this Master contract, special conditions may be incorporated into a SOGA Exhibit A) or modifit:d SOGA (Exhibit B), in the Scope and/or Grant Considerations paragraph(s) of the individual award or in an attachment to the SOGA/modified SOGA. These conditions, upon Contractor's receipt of the grant or any modifications thereto, become a part of this Master contract, and legally binding under it 25 . Third Party Beneficiarv -This Agreement is intended solely to fund the Project(s) proposed by Contractor and to define the rights and responsibilities between the parties with respect to such funding. This Agreement is not intended to create any third party rights, nor are third parties entitled to rely upon any provisions herein stated. 26. Waiver -The waiver of any breach of a term, provision, or requirement of this Master contract shall not be construed or deemed as waiver of .any subsequent breach of such term, provision, or requirement, or of any other term, provision, or requirement 27. Software Piracy Prohibltioa -No State or other public funds payable under this sub-grant shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions . The Sub-Grantee hereby certifies that, for the term of this sub-grant and any extensions, the Sub-Grantee has in place appropriate systems and controls to prevent such improper use ofpublic funds. If the State determines that the Sub-Grantee is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this sub-grant, including, without limitation, immediate termination of the Sub-grant and any remedy consistent with United States copyright laws or applicable licensing restrictions. 28 . Governmental Immunitv -Notwithstanding any other provision of this Master contract to the contrary, no term or condition of this Master contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, etscq., CRS, as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies , boards, officials and employees is controlled and limited by the provisions of Section 24-10-101, ct seq., CRS, as now or hereafter amended and the risk management statutes, Section 24-30-1501, et. seq., CRS, as now or hereafter · ended. Page 10 of 13 TX7 === -=··· =--· ===- 29. Attachments -The following items are considered to be attachments to and part of this Master contract: a. Specific grant application paclcages [as possibly modified by the State] from the jurisdiction (Attachment 1 to Exhibit A). b . State SOGA (Exlubit A), or modified SOGA (Exhibit B) with all attachments (including specific grant terms and conditions), for each specific grant funded. 30. Order of Precedepce -In the event of conflicts or inconsistencies between this Master contract and its exlnbits or attachments, such conflicts or inconsistencies shall be resolved by reference to the document in the following order ofpriority: a. Colorado Special Provisions, pages _ll_ and -1.L_ b . Master contract, pages l to J.l_. c. Modified Statement ofGrant Award (SOGA), Exlubit B. d. Statement of Grant Award (SOGA), Exhibit A. e. Contractor's Application (Attachment 1 to Exhibit A) 31 . Federal Fqpcllpg -This Master contract is subject to and contingent upon the continuing availability ofFederal funds for the purposes hereof. 32. Purpose of Contract apd R,eleue or Llablltt! -The State is acting as a conduit to facilitate the "passing through" of Federal Funds from the Federal Government to ~ Contractor. The State is not liable for any use or misuse of any the products or services acquired by the Contractor (or any Sub-Oran~) ~ under the terms of this Master contract and any resulting grant award(s). e 4v'"' Contractor will defend and hold the State harmless in any ensuing lepl om ..i. f involving products or services acquired under this . Master contract. ""j; &_ v 7.u,. tlJl.11,..,,,~e./ l.,y /Uj 33 . Vepue -The exclusive venue for all actions arising under this contract shall be District Court, City and County ofDenver, Colorado. 1• t SPECIAL PROVISIONS For Use Only with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL CRS 24-30-202 (1) This contract sh all not be deemed valid until it has been approved by the Controller of the State ofColorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the Slate of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Indemnity: To the extent wthorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incUITCd as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition ofthis contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, Section 24-10-101 et seq. C.R.S. or rhe Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 181-2 THE CONTllACTOR SHALL PERFORM rTS DlITlES HEllUNDEll AS All INDEl'ENDENT CC>tnltACTOll AND NOT AS AN EMPLOYEE. NEITHER Tl!E CONTilACTOll NOil ANY AGENT OR EMPLOYEE OF Tl!E CON'nACTOll SHAU. BE Oil SHALL BE DEEMED TO BE AN AGENT Oil EMPLOYEE OF TIIE STATE. CON'TllACTOll SliAU. PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX ANO LOCAL HEAD TAX ON ANY MONIES PAID BY THE STA TE PURSlJANTTO THIS CON'TllACT. CONTaACTOll ACQIOWLEOOES THATTIIE CONnACTOll ANO ITS EMPLO'Ya!S AU NOT ENTITLED TO UNEMPLOYMENT INSURANa BENEFITS UNLESS THE CONnACTOa OR 1Hla0 PAI.TY PllOVlDES SUCHCOVEllAGE ANDTl!ATTHE STATE DOES NOT PAY FOaORcmtEllWISE PllOVIDESUCH COVBAOE. CONlllAcro. SHALL HA VE NO AUTltOIUZATION. EXPUSS OR IMPLIED, TO BIND TIIE ST ATE TO ANY AGallMENTS. LIABILITY, OR lJNDEllST ANDING EXCEPT AS l!XPUSSL Y SET FOllTH HEIEIN . CON'1RAcToll SHALL PllOVJDI! AND KEU IN FORCE WORXEllS' COMPENSA T10N (AHO PROVIDE nOOF OF SUCH INSURANCE WHEN llEQUESTU> BY 1HE STAn) AND UNEMPLOYMENT COMPENSATION INSURANCE INTIIE AMOUNTS UQUlllED BY lAW, AND SHALL BE SOLELY RESPONSIBLE FOil THE ACTS OF THE CONnAC"TOft, ITS EMPLOYEES AND AGENTS . 5. NON-DISCRIMINATION. The contractor agrees to comply with lhc leacr and die spirit of all applicable state and federal laws respectin1 discriminanon and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract Any provision of rhis contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules , and regulations shall be consi dered null and void. Nothing contained in any provision incorporated herein by reference which purports 10 negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way ofcomplaint, defense, or otherwise. Any provisiOD rendered null and void by the operation ofthis provision will not invalidate the remainder of this co ntrac t 10 the extent that the contract is capable of execution. At all times during the performance of this co ntract, the Contractor shall strictly adhere to all appl icable federal and state laws. rules, and regulations that have been or may hereafter be esub lished . · 7. EMPLOYEE FINA:-.C IAL 1:-ITEREST . CRS :4-11-211 & CRS 24-50-!07 The s1iinarones a, er that 10 the ir knowlcdae. no employee of the Swe of Colorado hat,. y personal or bcne ficull interest "'tutsoe ver in the service or property described herein. 0 . SPECIAL PROVISIONS THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT CONTRACTOR: CITY & COONIT OF DENVER Legal Name of Contracting Entity Social Security Number or FEIN See attached signature page Signature of Authorized Officer Print Name & Title of Authorized Officer CORPORATIONS: A corporale seal or attestation is required.) Attest(Seal)By Corporal£ Secretary or Equivalent, or Town/City/County Clerk) L~ FOR C. UDMe Mcneer, Executive Director Deputment of Public Safety LEGAL REVIEW: Ken Salazar, ATTORNEY GENERAL SEAL) ALLCONTRACTSMUSTBEAPPROVEDBYTBESTATECONTROLLER CRS 24-30.202 requires tbat die State Coatroller approve all stah CHtrada. Tllla coacnct ii aot valld udl tbe State Controller, or sucll auistaat u Ile -y delepte, llu lisMd It. TH CHb'actor la aot Hdlertaad ta bqin performance uadl tbe coatract ii liped ud dated belew. If pert.rmuce bealu prior to dae da .. below, tbe State or Colorado may not be obllsated to pay for die aoeda ud/er senica provided. ST ATE CONTROLU:R: Anhur L . Bamhart APPROVED AS TO FORM: kJi!-.... [,;)0.«..or ()A-A'~ Attorney for the City and County Assistant City A omey RECOMMENDED AND APPROVED: By~~-Q er of Safety REGISTERED AND COUNTERSIGNED: By~~ Contrac.t Control No. )(C-$ 503 4 CITY" t j • . :,.; 0 mer::~----·---· --srm -·· -.. .. ·mr = COLORADO DEPARTMENT OF PUBLIC SAFETY STATEMENT OF GRANT AWARD (SOGA) FEDERAL PROGRAM INFORMATION CFDA Nwnber: Federal .-gency: Federal Award Name & Number: PO# Ill Sub-grant Award Nurriber: Sub-grant Lead Agency Name: Sub-grant Lead Agency Director: Sub-grant Financial Agency Address: Grant Period: Date Issued: EXHIBIT A cr:rn ij j t t • i i j 'I 4 j i • j j ' ' I i 1 l '11' j j I 11 i I I I 11 I J I , i '' •• I f I I I I I 11 , I t I I , Ii 'I I I I i , ' I I 111 j I j The Offlce of PreparajnN1, Sec:wlly, and Fire Safllly lw9by ~ a grant ID .. abcJv9.named Sib.grant lead agency pu1suar4 to lhe lllfflll c:l lhe Mlltlll' Car*ad enl8r9d Imo by .. pata an ,,...,..._...._,__, idenlffled under roullng numblr · . The allached grant appllcallon (a poaibly modllled by the Stale) is ii ICDl1)QI aled henlin as part c:I 1h11 docunanl APPROVED BUDGET Project TOTAL BUDGET Office of Preparedness. Security, A rire Santy Prinicd amc S1pwutt Pap l of2 Total Federal Funds s s R.EVIEWEJl Sipalln APPllOVED Siparure Awarded t EXlllBIT B COLORADO DEPARTMENT OF PUBLIC SAFETY MODIFIED STATEMENT OF GRANT AWARD (MODIFIED SOGA) FEDERAL PROGRAM INFORMATION CFOA Number: Federal Agency: Federal Award Name & Number: PO# Aamnn# Sub-grant Award Number. Sub-grant Lead Agency Name: original number) -X (for number of modiflcalion) Sub-grant Lead Agency Director. Sub-grant Financial Agency Address: Grant Period: Date Issued: e i o · .. , 1 111 Ii ·, 1 i i I I, E i i i I; I , 11 I, Io I, 1 11111 J JI II,-: Is II #• Jo I' I Mi II ii Ci, 1 ii I I, i It\· APPROVED BUDGET Project TOTAL BUDGET Office of Preparedness, Security, & Fire Safety Pnnted Name Sipiature Original Total Federal Funds s s Pap l of2 Awarded ' REVIEWER Sipallln APPROVED Sipa111n Modified Total Federal Funds Awarded s s r -u Statement of Grant Award (SOGA) INSTRUCTIONS 1. Grant activitin must be based on the approved budget shown on page one of lhia Staament of Grant Award. and the detaled budget(s) within the attached application • modllled and approved by the State. The s~rantN must secure prior writl8n approval from OPSFS If there II ID be 1 change in any budget catego,y. 2. The sub-grantee will give the Financial Ollar of Ille project a copy of this documlnt in order ID adequately inpare the ,-sary ftnancial reports. 3. The IUl>-glanlN agrees that the allaehed grant applcatlon. and ~ c:onlrad. II hereby ll'IClll'P(ll'lt by ref-,ce u part of this grant .-.1. 4 . Raview carafuly the encioMd leu.r for 1h11 grant prog,wn. It lrdlllll pracedl,N regarding this doclrnent. draw-down of grant funds. repar1lng ~ and ~ grant rnoclllcatlolia. 5. This grant ~ shall be lffec:tMt upon the lntanded mrt dala <• Nl out In the grant period shown on page 1 of tin SOGA); '-tlnal approval by the 811a Conlroler or dellgMe, II required. 6. Thia grant~ may be cancelled in whole wllhw W. caae by the Ofllce of Prepaiedl-. Seariy, and F"n Safety within 20 days of the date of llluanee. 6PP!IJ9NAL 9'VI nee rm 1) M IUb-grarltl -c1111dlll1111ed on the ablly Ill repmt Ill the oac. al P,11••-. Security, and Fire Slfllly al ._ iibmlllan c:anlaslld an tll OPSFS ~ ._... ......-0 111d _.. arn,al progrw rel)llf1 bma. whidl -pruvidld will 1111 SOGA. Tednl:al I •nm ii available upon requnt. 2) n-funda cannat be ~ beyond the end ma al the s,ant periad on page 1 °' '* SOGA. Unexpended funcls rwnanng at .. end of .. grant periad fflllll be ,.,,_ Ill .. Ollca af ~. Security, and Fire Sallty. Plp2of2 Modified Statement of Grant Award (SOGA) IN§JRYCTJQNS 1. Grant activitln must be based on the approved budget shown on page one of this Statement of Grant Award, and lhe detailed budgel(s) within the attached appllcatlon as modl1led and approved by the Stata. The sub-granlN must sacunt prior writl8n approval from OPSFS if there ii to be I change in any budget categary. 2. The sub-grantee will give the F1nancial Officer of the project a copy of lhil ,doalment in order ID adequately prepare the ,-y flnanclal 19p0111. 3. The sub-grantae ag.-thllt the alllc:hed grant applcatlon, and rnaelllr conlrad. la henlby inc:olporallld by '*9nca as part r:J 1h11 grant ...-cl. 4 . R8'<liew C8l'9fuly the encloMd letlal' tor 1h11 grant program. tt lncludel procedurel regarding Ihle document. ~ of grant finis, repcll1ing ~ and requNtlng grant modlllcalal .. 5. This grant ~ shall be effacllve upon lhe lnlanded start date <• Ml out in lhe grant period shown on page 1 of lhis SOGA); 1--1lnal approval by the Stale Controller or dellgnee, ii required. 8. Thia grant Nard may be cancaled in whole wllhout ful1her cai.. by the Office of ~. Security. and ,,..,. Safaty within 20 days of the Ii.-of Issuance. 1) All lllb-grantl -c:oudllloued on the abaty ID report ID the Offlce d Pl~ Security, and Fire Safaly al the ilbmllllon canlained on the OPSFS Cll*""Y ~ reporting 111d _. progrw report bm1. which -pruvided with Ilia SOGA. Tec:tri:11 I 9 "* la available upon l'9qlalt. . 2) l'-fundl c:anno1 be guaranlNd ~ the and dale d the grant period on page 1 d thla SOGA. Unupeillled funds l9Minng II the end d the grant period must be rWlumed ID the Offlce of F'reparecna. Security, and F"n Safaty. Paac2 of2 BY-LAWS OF DENVER URBAN AREA LEADERSHIP GROUP AND DENVER URBAN AREA WORKING GROUP Preamble The U. S. Department of Homeland Security Office for Domestic Preparedness (CDP) has initiated an Urban Area Security Initiative (UASI) Grant Program the purpose of which is to facilitate planning, equipment acquisition, training, exercise support, and administrative support for initiatives, programs and interagency coordination associated with the delivery of emergency services to prevent, manage and mitigate disasters and other emergencies. The programs and services which will emerge under the UASI initiative will apply to the City and County of Denver and to the twenty-three (23) contiguous cities, counties and fire districts to the City and County of Denver. Denver and the twenty-three contiguous jurisdictions and organizations collectively will be referred to as the Participating Entities or Entities. The City and County of Denver, as the core city recipient of the UASI grant funds, will fulfill the following core roles in order to achieve the goals of the UASI grant: Work with the Colorado Department of Public Safety Office of Preparedness, Security, and Fire Safety Point of Contact to implement the UASI grant. Define the urban area. Identify the contiguous ·clties, counties and fire districts that comprise the participating entities. Identify elected officials to serve on a leadership group, to be called the Urban Area Leadership Group, for the UASI grant initiative. Work with the members of the Urban Area Leadership Group to identify representatives to an Urban Area Working Group. Achieve concurrence on grant budgets to be submitted to ODP. Artlcle 1 Purpou A. The Urban Area Leadership Group will serve the following purposes and functions : 1. to identify a primary voting member and one altemate voting member to represent their participating entity on the Urban Area Working Group. 2. To review and approve the Strategic Plan and revisions developed for UASI grants by the Working Group . · t J • • 3. To review and approve UASI grants for submission to ODP. 4. To assure the UASI Grant program's reporting and evaluation requirements are met. 5. To issue any policies and business rules required to achieve the goals, objectives, and tasks of the UASI grant. . 6. To assure that required agreements among the participating entities are fully executed. 7. To assure multi-disciplinary participation in the UASI Grant process to include law enforcement, emergency medical services, emergency management, fire services, hazardous materials, public works, governmental administration, public safety communications, health care, and public health. 8. Ratify amendments to these bylaws. B. The Urban Area Werking Group will serve the following purposes and functions: 1. To be responsible for the proper development of all Urban Areas Security Initiative grant elements and reports. 2. To maktit funding, policy and program recommendations to the Urban Area Leadership Group. 3. To conduct and update, when necessary, the urban area risk assessments. 4. To develop and update, when necessary, the Urban Area Homeland Security Strategy. 5. To address planning, equipment, training, exercise needs and operational activities of law enforcement. emergency medical services, emergency management, fire service, public works, governmental administration, public safety communications, health care, and public health of the contiguous jurisdictions and fire districts of the UAWG, using available grant funds. 6. To determine the distribution of grant funds across the six funding areas as defined in the Urban Areas Securities Initiative Grant Program. 7 . To promote the coordination and integration of plans, training, equipment acquisition, exercises and operational activities with the State and the North Central Region. 8. To incorporate the Incident Command System within all first responder operations during the grant period and to implement the National Incident Management System (NIMS) when it becomes available. 9 . To accomplish any other UASI grant initiative related task defined by the Urban Area Leadership group. 0. .. 2 Article 2 Membership CJ The participating entities on both the Urban Area Leadership Group and the Urban Area Working Group are: Adams Countv Commerce Citv Arapahoe Countv Cunninaham Fire District Arvada Fire Protection District Greater Brighton Fire District Citv Of Aurora Jefferson County Citv Of Arvada Littleton Fire Protection District City of Cherrv Hills Villaae North Washinaton Fire District City And County Of Denver (2} South Adams County Fire District Citv Of Enalewood South Metro Fire Rescue Citv Of Glendale Southwest Adams Fire District Citv of Greenwood Villaae State of Colorado Citv Of Lakewood West Metro Fire Rescue Citv Of Littleton WheatRidae Citv Of Sheridan A . Voting Members: The City and County of Denver, as the core area for the Urban Area Security Initiative, will invite leaders from the participating entities to join the Urban Area Leadership Group, in accordance with the UASI program guidelines. Invited leaders shall be either elected or appointed officials, representing the jurisdictions, or executive managers representing organizations such as a fire districts contiguous to the City and County of Denver. Each participating entity shall have one vote on the leadership group. The invited participating entity shall identify a primary voting member to the Leadership Group. The participating entity may identify one alternate member of the Leadership Group to represent the entity when the primary member is absent from meetings. The members will serve without compensation. Each Participating entity on the Urban Area Leadership Group shall appoint a voting member as a primary member to the Urban Area Working Group. Each participating entity shall have one vote on the Working group. In addition, the Leadership Group primary member may identify one alternate member to the Working Group to represent the entity when the Working Group primary member is absent from meetings. The members will serve without compensation. Voting members to the Urban Area Working Group can be selected by members of the Urban Area Leadership Group from law enforcement, emergency medical serv ices , emergency management, fire services, hazardous materials, public works , governmental admin istration, public safety communications, health care, and public 3 0 fl ,____). health . The selected Working Group voting member for a participating entity will represent all the responder agencies and organizations in that participating entity once appointed to the Working Group. In addition, The UASI Grant Program Point of Contact from the Colorado Department of Public Safety Office of Preparedness, Security, and Fire Safety also shall be a voting member of the Leadership and Working Groups. B. Non-Voting Members: Non-Voting members to the Urban Area Working Group may be invited by members of the Leadership Group or Working Group to participate in the UASI process from law enforcement, emergency medical services, emergency management, fire services, hazardous materials, public works, governmental administration, public safety communications, health care, public health, transportation, private industry or any other organization deemed to have resources, expertise, or capabilities relevant to enhancing the urban area preparedness. Article Ill Powel'II and Duties of the Urban Area Leadership Group The Urban Area Leadership Group shall be responsible for the following: 1. To review and approve budgets to be submitted to ODP. 2. To review and approve the Strategic Plan developed for the UASI grant. 3. To review and approve UASI ~rants for submission to ODP. 4 . To assure the UASI Grant program, reporting and evaluation requirements are being met. 5. To issue any policies and business rules required to achieve the goals, objectives , and tasks of the UASI grant. 6 . Ratify ing amendments to these bylaws . Article IV Powers and Dutin of the Urban Area Working Group A. Th e Urban Area Working Group shall be responsible for the following : 1. Program Management Recommen dations -The Voting Membera shall conduct. 4 r-'i j manage, and control the affairs and activities of the Denver Urban Area Working Group and make recommendations to the Leadership Group in matters pertaining to the administration, programmatic direction and operational direction of the Urban Areas Security Initiative grant program in accordance with the Strategic Plan. 2 . Program Definition and Planning -The Urban Area Working Group Voting Members, or subcommittees thereof, shall be responsible for defining the Urban Area Risk Assessment; developing the Urban Area Strategic Plan; developing the Resource Capability and Needs Assessment; assuring the National Incident Management System (NIMS) implementation; identifying other training and exercise needs; equipment acquisition; identifying and addressing legal considerations; defining required communications/information technology; and overall initiative management and administration. 3. Budget Preparation -The Urban Area Working Group Voting Members, or subcommittees thereof, shall be responsible for preparing grant budgets that will include line items for program administration and management staffing, purchases, training, exercises and program evaluation. 4. Equipment, supplies and materials Purchases -The Urban Area Working Group Voting Members, or subcommittees thereof shall be responsible for determining the equipment, materials and supply purchases to be made with the UASI grant funds, based on its priorities as determined by the risk scenarios, risk assessments, capability gaps, and strategic plan. 5. Publicizing the Program -The Urban Area Working Group, or a subcommittee thereof, shall determine the methods and type of publicity used to inform the public about the Urban Area Working Group's processes and progress and to make the initiative familiar to the general public. 6 . Program Liaison -The Urban Area Working Group Voting Members will maintain proper communications between the grant program and the leadership within the local jurisdictions, county jurisdictions and fire districts contiguous to Denver other metropolitan area jurisdictions and organizations , the Stat, and ODP. B. Terms of Voting Members -A Voting member will maintain his/her position on the Urban Area Working Group , once appointed by the voting representatives on the Urban Area Leadership Group, until that appointment is terminated or changed by the Urban Area Leadership Group representative . C . Vacancies on the Urban Area Working Group-Upon determining that a Voting Member has been absent from three consecutive meetings, the Urban Area Working Group Chair shall inquire or cause inquiry to be made to determine whether said Voting Member intends to retain his or her seat or whether the jurisdiction that the Voting Member represents intends to continue participation on the Urban Area 0 I \ L ' ·~ 1,_J . Working Group. If the Voting Member fails to respond or if the Chair deems the Voting Members' response to be inadequate, the Chair shall cause written notice to be made to the Voting Member's representative on the Urban Area Leadership Group, stating a vacancy has occurred in that organization's participation on the Working Group. A vacancy that occurs on the Urban Area Working Group shall be filled by an appointment made by the Voting Member of the Urban Area Leadership Group for that jurisdiction or organization. Article V Role of the Chair A. Urban Area Leadership and Working Group Chair -The Urban Area Leadership and Working Groups shall be chaired by the Manager of the Denver Department of Safety or his/her designee. B. Duties of the Chair -The Chair shall preside at each meeting of the Urban Area Leadership and Working Group, cause the agenda for the meetings to be set, carry out general executive responsibilities, appoint committees as deemed necessary, and represent the views of the two Urban Area Groups. C. Committees -The Chair at his/her discretion may appoint committees to study and report on any matter of concern, to draft proposed policies, or to develop and propose any position. or for any other purpose. The chair shall appoint committee chairs of the Urban Area Working Group. Any report or proposed position developed by any committee shall be presented to the entire Urban Area Working Group for its approval at any regular or special meeting. Article VI Procedures A. Regular Meetings -The Urban Area Leadership Group shall meet at least twice a year with the Urban Area Work-ing Group for the purpose of presenting recommendations regarding federal funding requests and budgets, the Urban Area Working Group's Strategic Plan, or for such other purposes as the Chair shall determine. The Urban Area Working Group shall hold as many meetings as it deems necessary. which shall be held at such times and places as the Members of the Urban Area Working Group may determine. B. Special Meetings -Special meetings of the Urban Area Leadership Group may be called by the Manager of Safety. Special meetings of the Urban Area Working Group may be called at the request of the Urban Area Leadem\ip Group or by the Chair of the Working Group . Special meetings shall be at such place u the Chair 6 0 of the Urban Area Leadership Group or Chair of the Working Group, as is appropriate, may determine. C. Regular Meeting Notice -The time and place of regular Leadership and Working Group meetings shall be communicated to at least 7 days prior to the regular meetings. Notice shall include agenda materials and will be deemed to be given when said material is sent via facsimile, personal delivery or electronic mail to the Group members. D. Special Meeting Notice -The time and place of special meetings shall be communicated to Urban Leadership Group members or to Urban Area Working Group members, as the case may be, at least 14 days prior to the special meeting. Notice shall include agenda materials and will be deemed to be given when said material is sent via facsimile, personal delivery or electronic mail to the Group members. E. Quorum -A quorum, for the purposes of conducting Urban Area Leadership Group business, shall consist of thirteen (13) voting Urban Area Leadership Group members or their alternates present at a meeting. A quorum, for the purposes of conducting Urban Area Working Group business, shall consist of thirteen (13) voting Urban Area Working Group members or their alternates present at a meeting For the purpose of determining a quorum, the participating entity alternate representatives will be counted only when the primary voting member is absent. All acts of either the Urban Area Leadership Group or the Urban Area Working Group shall be by vote when at a regular or special meeting. F. Voting -All acts of the Urban Area Leadership Group shall be by vote when at a regular or special meeting. Only Urban Area Leadership Group Voting Members shall vote on Urban Area Leadership Group issues. Each Urban Area Leadership Group participating entity shall have one vote . Absent members are encouraged to send their alternates, but proxy votes (defined as one entity voting on behalf of another entity) shall not be allowed. Motions shall pass upon a majority vote of the members present, however, the Chair shall retain the prerogative at any time to poll absent members for controversial issues. In such instances of polling absent members , the chair will call for a vote of the members present at the meeting but will suspend the outcome of the vote until the polling of the absent members has been completed . Upon completion of the polling, the chair will combine the vote totals and then declare the outcome to the Leadership Group membership . All acts of the Urban Area Working Group shall be by vote when at a regular or special meeting . Only Urban Area Working Group Voting Members shall vote on Urban Area Working Group issues. Each Urban Area Working Group participating entity shall have one vote . Absent members are encouraged to send their alternates , but proxy votes (defined as one entity voting on behalf of another entity) shall not be allowed . Motions shall pass upon a majority vote of the members present, however, the Chair shall retain the prerogative at any time to poll absent t • • 7 members for controversial issues. In such instances of polling absent members, the chair will call for a vote of the members present at the meeting but will suspend the outcome of the vote until the polling of the absent members has been completed. Upon completion of the polling, the chair will combine the vote totals and then declare the outcome to the Working Group membership. G. Agenda for Meetings -Agendas shall be distributed by mail or sent by facsimile, personal delivery or electronic mail to all Urban Area Leader:shlp Group Members or to all Urban Area Working Group Members for meetings of their respective groups. Members of each group shall have the right to have Items plated on meeting agendas for their respective groups. It shall be the responsibility of any Group Member, desiring to have an item placed on an agenda, to present it to the Chair or administrative staff person within a reasonable time to allow inclusion of the item on the agenda prior to distribution. The agenda may be changed by majority vote of the members present. H. Minutes and Records -Minutes shall be recorded and transcribed of all regular and special meetings of the both the Urban Area Leadership Group and the Urban Area Working Group and shall be approved by the members of their respective groups at their next regular meetings. Copies of the minutes shall be forwarded to Group Members prior to their next scheduled meeting. I. Robert's Rules of Order -All matters not covered by these By-Laws shall be governed by Robert's Rules of Order. Article VII Amendment of By-Laws These By-Laws may be amended by a minimum of 18 affirmative votes of the twenty- four (24) participating entities after a proposed amendment has received one reading at a regular Urban Area Working Group meeting. Any amendment to the By-Laws must be ratified by the Urban Area Leadership Group by a minimum of 18 affirmatives votes. Proposed amendments shall be distributed to Urban Area Working Group and Leadersh ip Group members at least ten (7) days preceding the meetings at which the respect ive readings will take place . Adopted This Day of ------· 2003 Approved : Name :------------ City of Denver , Urban Area Leadersh ip Group , Chair I Name:------------ County of Denver, Urban Area Leadership Group Name:------------,.- Adams County, Urban Area Leadership Group Name:------------ Arapahoe County, Urban Area Leadership Group Name:------------ Arvada Fire Protection District, Urban Area Leadership Group Name:------------ City Of Aurora, Urban Area Leadership Group Name:------------ City of Arvada, Urban Area Leadership Group Name:------------ City of Cherry Hills Village, Urban Area Leadership Group Name:------------ City of Englewood, Urban Area Leadership Group Name:------------ City of Glendale, Urban Area Leadership Group Name:------------ City of Greenwood Village, Urban Area leadership Group Name :------------ City of Lakewood, Urban Area Leadership Group Name:---------~-- City of Littleton, Urban Area Leadership Group Name :------------ City Of Sheridan, Urban Area Leadership Group Name :------------ Commerce City, Urban Area Leadership Group Name :------------ Cunningham Fire District, Urban Area Leadership Group t • • • 9 Name:-------...,,.,..----.,....--,-,.- Greater Brighton Fire District. Urban Area Leadership Group Name: ......,.,,---,,----.,..,-,----,,--,----,- Jefferson County, Urban Area Leadership Group Name: --------,--.,.-..,,,.,..--,-..,..,...~ Littleton Fire Protection District, Urban Area Leaderlhip Group Name: _-,-..,...,..,.,......,..,...---,,,,..-=e-.,...,...-.,.,,-,-- North Washington Fire Olatrtct. Urban Area Leadership Group Name: ________ .,_. __ South Adams County Fire District, Urban Area Leadership Group Name:-----------,-,---- South Metro Fire Rescue, Urban Area Leadership Group Name: _________ .,_.....,....-- Southwest Adams Fire District, Urban Area Leadership Group Name: --..,..-----.,,,......---,,.,..,...-,-- West Metro Fire Rescue, Urban Area Leaderlhlp Group Name: ....,,..-..,,,.,..,--....,.,...,...---,--.,...-....,....~ Wheat Ridge, Urban Area Leadership Group 0 l lj l 9 . . ,,. i. .. . . . . . . .. : \, tr. ........ 7. ·~ .. •40". w· :• " . ___ .;...._..:....._,__ __ ...;__ ___ _ 2003 URBAN AREA SECURITY INITIATIVE BUDGET DETAIL SHEET law Enformement (LE), Emergency Medlclll a.vlaee (EMI). Elw'gelicy .............. (EMA), FIN 8ervlae (Fl), HuMat (HZ). PIMc Woru (PW) Public HNlth (PH), Govwnmmtal Admlnletrdve (GA). Pubic lllf9tr CClmmunlcatloM (PICI, HNlth C.. (HC) PIIIII Wprww,t ror PklPt ertwn Al fm*1mrrt Englawood 8ublcrlber Equ..-i Join CCNC to be on a trunked 800 Equlpmlnt 110 $4,IIOO $4815,000 Ef9IWOOd Safety 8erYlcN Equipment 35 $4,000 1140,000 lewood Safely 8ervlcN .. 312 117521 Safety 8ervlcN 3 070 18210 Englewood Safety Servlc:ee T~ 152 l300 $45,800 Englewood Safety .. ServlCN oommunlcallona network ol Colorado Equipment (iaerfN) 152 125 13,800 Englewood Safety Servlc:ee AooaNorlla. MalDralll Radio ....... Englewood Safety Servlc:ee Englewood Safety Servlc:N Anllrlll8 s. ~· 1 Tl oat.: 2/24"2004 11211 LE· $247,500 FS-$247500 FS-170,000 LE-70000 LE-117 528 LE-118210 FS-122.800 LE-800 FS-11,IIOO LE-1 IIOO LE-15 2t50 LE-1290 LE-181188 Oeta:2/24/2004 0 CJ I • •• '• t, .. · .:·.· ... 2003 URBAN ME.A SECURITY INITIATI\IE BUDOET DETAIL SHEET 2121 000 LE-1125000 Equipment t • •• , ">,,..,. .. 2003 URBAN AREA SECURITY INITIATIVE IUDGET DETAIL aEET i 111700 1121,0001--------~1-ooo=t LE-131.420 EMll-131.420 EMA-131.420 FS-131,420 HZ-Al.GD PW-131.GD PH-131.GD GA-131.GD Pe-131.GD HC-GD EMll-12.290.00 PW-.. 921.00 LE -112.IIOO l!MS-112.IIOO EMA· 112.IIOO Fa -112.IIOO HZ-112.IIOO PW -112.IIOO PH-112,IOO QA-112,IOO N-112.IOO HC · 1 IOO • Equipment Equipment Equll)ITleN Equipment Equipment Equipment Equlpmenl 0-:~ I 0 0 2003 URBAN AREA SECURITY INITIATIVE BUDGET DETAIL SHEET CEC" lrarfaoe Equipment Radio 1 8wllch yam Ervnw'ilra 1 11111111111on C0111 tor Radio s,-m 1 800 MHz MIA-Com Primary .. Controller Equipment for Radio 800 MHz MIA-Com Remote Site COl*olllr Equipment for Radio IOOMhz MIA-Com Nllworlc Conlrolllr for Radio IOOMhz 1 WA-Com 4/31 J . 427,8!50 $427,8!50 F8 -1213,925 EMS -1108,883 HZ-1108883 IG,350 M2,350 FS-131,175 EMS-115,518 HZ-115 5111 141,915 141,915 FS-124,4&1 EMS-112.229 HZ-1 229 42,130 $42,130 F8 • 121,11115 EMS-110,533 HZ-110533 184,780 Fl-'42,31111 EM&· 121, 1111 HZ-1211111 121.221 125,221 Fl-112,113 EMl-18,308 HZ-18308 21,130 121.130 Fl-114,086 EMS-17,033 HZ-7033 114,IIO Fl-132,448 • EMa-111.223 HZ-111.223 WNt Metro Fire Equipment Equipment Equipment 1 Equipment Equipment Equipment Equipment Equipment Equipment J .. I .. ... . ~ .. . . . .,. . . ,; . v-. . .~. ·· ... ~ . .~ . .. ,'• 4 ~ .. • I'' •. •• o • • • • • J\ • • ,. • -• • k __ __,_:·-=---__ ...__ _____ _ 2003 URBAN NtEA IECllllTY INITIATIVE BUDGET DETAIL IHEET rower Ampllller for Radio u. 1 IIOOMHz MIA-Com Lloenlq ,._ for IOO Wtz F~ 1 forRadlo 1 IOO ..,_ MIA-Com T-MIIIIII • EliglnNrilig for Radio .... 1 180' TCMS wit! Foundlllon Pade- Coll for Radio,_ 1 CClmmunlalllDne ..... (A bu111rV to .... ndoequlpmenl) 1 HVAC -Coo11r11J 111d HNllng to Radio Equipment ( .......... .. , 1 fn8lippl .... , 1 ProlN1on for IOOlilll radio ... Up ... forfladloa.11111 1 30,140 50,711 1111.121 111.• 1171.700 NO.Ill 11<'871 121,1411 111.1111 30,140 FS-115,07~ EM8 -17,5311 HZ-175311 M0,7815 FS-125.391 EMS-112.• HZ-11,1111111: 111,125 F8 -134,11113 EMS -117,281 HZ-117.281 111.• Fe-15,1211 IEMl-12,113 HZ-flllllll 1171,700 Fl-111,IIICI EMe-"'4,1211 HZ-.,..- pc,,1115 Fl -115,2113 EMl-17,MI HZ-17.MII 114,171 Fl-17,4311 IEMl-13,711 HZ-n111 121,1411 F1-11a.cm Ea-II.All HZ-MUI l11,0l51 Fl-II.al aa.14.191 HZ -MM! WNl Metro File Equipment Equlpmanl Equlpmlnt Equipment Equipment Equlpmlnt Equipment Equlpffllnt 0 0 0 I I .. : •• : .. ~ • I . . . : 2003 URBAN AREA SECURITY INITIATIVE BUDGET DETAIL SHEET ElCtemll Oroundlng • Elec:lrlcal 1 Fenaq for Towar U. Pnucaol'I 1 Grading • Aedlo TOMI' U. Mel!Mnanoe 1 lay Conneallon. Power ..... Radlo~loua. 1 Equipment· NfM#e Radio Voice 8larlge 1 C--. llaalcplane, ~ phwalall ~Olga ... radio equipment) 1 Emeigenoy o.n.ator .... Up Poww b Radio .. 1 Prajlal. ............ cei....-. w Aadlo Equlplwl) 1 t/21 17,1115 $17,1115 FS-'8,948 EMS -14,474 HZ -14474 110,371 $10,371 F8·SS,1• EM8·12.IMM HZ-., filM 13,11116 $13,11116 FS-18,8811 EM8·'3,411 HZ-'3• ll.071 N,07& Fl-12.131 EM8-S1,2111 HZ-11._ 171,IN 171.-FS-'37,MI EMS-111.874 HZ-111.174 80,1N 11e1.1• Fl-'40,0IIII EMS· 1211,047 HZ.n,041 111 ,121 111,121 fl8-l30,1113 EMI • $11,211 HZ-11531 122.M 122.M Fa-111,GII EMl-18.71G HZ -lll71C • s WNIMetroFn Equipment Equipment t.~ · ... 0 0 . 2003 URBAN AREA 8ECUAlTY INITIATIVE BUDGET DETAIL IHEET Radio Conlole Modlllclllal• I lnteroonneall for Dllpadi CMllr 1 Radio Moblll Rap ...... lo PnMde Radio eow.,age In .... 1 TOTAL J 84,715 '84,715 FS-132,3811 EMS-118,11111 HZ-118.11111 11.2715 11,2715 FB-... ,83' EMS-12.311 HZ-12.311 11,171,GOO 2003 UA8AN AREA IIECUAl1Y INITIATIVE IIUDCJET DETAI. a&T t Package V•Nt9rm Mobile D11111 T•mlnale To ovlde mobile data c:ommunlcallon J ' • f ........ I J J 2003 URBAN AREA SECURITY INITIATIVE BUDGET DETAIL SHEET LE-125000 LE-$30000 LE-120000 LE-115000 LE-1120000 Cttv/Countv Denver Eault:11118nt ,_ 1----l ----& Oft ·- 1----•----& Oft - E........._,, ,_ ft Eaularnanl E.........._. P-.~---~ -.. E.........._. Eaulllmant E~ l I t_.. . , ,~.-- 2003 URBAN AREA SECURITY INITIATIVE BUDGET DETAIL SHEET lr..RI.- NCIC T.....cllon Malnlel- NCIC Trai..allon Malnlenance Tool 1 CBI Mak GeneralorlReformlllar/Admkl Tralnlnrl Admkl Tmlnm Tll RMS NCIC Lklk Querta . ~ - P9l9DII au.n, 1 Vlhlole Ct** fQV) 1 CBI Remoll l,..,..IHM I TMttnn CBI IIF ..... ._. ·---- RMS PelNl'I I Vlhlole Querv IIF 1 Remoll .... lllllon I Telllnl RlfflClla CloN ._ 111-~ ··-- n..lan T,..._. Colna I Manual TralnnlOulda n.o.T--, Tralnlnrl COflCMt MDT Tmlnlna Flnal lnltallfTralnlnrl Relllld Tll --~- Mobile -~-T,_ Pr-, Moblle-l=nllv T,..._. MAE Trainnai Aallled Tll On-Ille T,..._. .._,.,, o--5 T.......,,.,_Tll 10/21 J 130000 130000 LE-130000 17000 LE-17000 UOOO LE-14000 12000 HOOO L£.&?(N)O 12.000 12000 L£.l?(N)O 114000 LE-114000 121000 LE-121000 110000 110000 LE-110000 12800 LE.&? 8CIO 17.000 LE-17000 117D.200 LE-1170200 111800 LE-1118CIO uooo LE-15000 U800 LE-U8CJO H800 LE .u 100 uooo L£.U(N)O uooo LE-15000 U2CJO L£.U200 0700 L£.n700 IA2llill LE· 112tl0 u300 L£.U3CJO 0.-- 2003 URBAN /tREA 8ECURITY NTIATNE BUDGET DETAIL atEET On-1111 · ... ~Tll. On,8111-tar Cu&-Ovar lo Pnlduallan UN On.Ma .._.~TIL. ----- Prnlaal - Flllld Pllol ClaN" ._. PMOn,,lla......_ PM......_. lllllillid TIL a,,a-, u--.~, ........... ...... ,-- AalllilllldT&L I tvrAL 11,a t M2.000 LE-U2.000 110200 LE-110200 17000 LE-17000 MOOO LE-UOOO 110tl.2l!M! LE-1103250 11111.000 LE-00000 aa.ooo LE-l30.000 1111 'Mii LE-115750 111100 LE-M100 U2111 LE-M.DJ UMIII lE---'1400 2003 URBAN MiEA IECUAITY INITIATIVE BUDGET DETAIL 8HEET r '.I'\ ... · ;· ,-.. .. . . . City & County of Denwr County Cly of WhNtl1dge. Cly of Arvada, Cly of lMNood. W9II Mmu FIN) Equlpmlnl Equlpmerll 2003 URBAN ME.A SECUAllY INITIATIVE BUDGET DETAIL 81-EET MMR8 Equlpmant 1 MMR8 Equlpmant 1 25,000 121,000 . 125,000 121,GDCI LE·l2,l500 EM8-12,l500 EMA-12,ISOO FS-12,500 HZ-12,500 PW-12,500 PH-12,500 QA.12,IOO PIC-12,500 HC-12.500 LE-12,500 EMl-12,500 EMA-12,500 Fe-12,500 HZ-12,500 PW-12,500 PH-12,500 CM-12;500 PIC-12,500 HC-HIICIO City of Commercl City, a,..., 8rW*1n Fn dlllrlcl, "'°'1hw...._... Fn Olllrlcl. 8oulh Adam Fn DlmtClt, 8oulh WIit Adam9 Fn DlllrtGI) Arapahoe COlny City ol A&nra, City ol Cherly .... CUn,lllpnfn Dlllrld, City ol EnglNood. City of Glendale. City of GINrMOOd Vlllge, City ol LllllltDn, City of Shertdan, 8oulh Men Fire Dlllrlct l • .. I i' • • ' .. ~ • .. . . , .. -~ . .. I,. -•• ~· ., :. 2003 URBAN AREA 8ECURl1Y NTIATIVE BUDOET DETAI. mEET MMRS Equipment 1 1 101'AL M/21 Incident equipment trallera 4 trallelw wllh WMD lncldlnt r 0 Iii • . , · r, .• • .. 0 0 2003 URBAN AREA SECURllY INITIATIVE BUDGET DETAIL SHEET Doff-It Klla • Adult (20/box • l500 total) Doff-It 1<111-Clllldren (20/box • 100 Pllllent Clalq (2tilbalc • l500 total) CPF-2 SI* (121box • 480 lcUI) Yellow BoollN Nllrtle 8urglcll OlcMa 100lbcll-2 NCtl I , M, L, XL) 11121 5 20 40 l500 S31t $7,975 319 11,151115 37 1740 1127 15,0IO 11,025 117 1133 Dale : 2124/2004 2003 URBAN AREA SECURITY INITIATIVE BUOOET DETAIL SHEET Nllrlll GloYN ( 18/balc -540 tolal) 40 24 N-i5 MMlca (210f'box • 830 teal) 3 Bianka (ll/pllck -IIOO taall) 100 1'7 S11 IAdeml County EqulpMnl Cly of eornm.. Cly, o,..., arwmn Fn cMtce. NediWeltli_. Fn Dl*lcit, 8oultl Adlm Fn Dl*lcit, ... w.. Adlnll Fn Olllrlc:I) I t ·' • . ,. - 2003 lRIAN AREA SECURITY INITIATIVE BUDGET DETAIL SHEET Traller-18foot 1 Don-I KIii • Adult (20/box • 500 total) 25 Don-I KIii • Chlkhn (20lboll • 100 total 5 Pllllent aaeq (2Mlox • 500 total) 20 CPF-2 8ulll ( 121box • 480 total) 40 Yellow BoollN 500 8UlglCIIII ..-( 1~ • 2 NCtl 8, M, L. XL) I Nllrlle GlovN (111/box -840 total) 40 17/28 J .. 100 se,100 LE· $1,S2l F8-$1,52f EMS-11.~ F8-l1D 1318 17,875 LE· 11,118,1 FS-11,N, EMS-11,118,1 FS-11 aa. 1318 11,1185 LE•I0,381 FS-I0,3811 EMs-l0,31111 F8-I03'1111 137 1740 LE-I0,11Mi FS-I0,111! EM8-I0, 11M1 FS-IO 11111 1127 M,OIO LE-11,27CI F8-l1,27CI EM8-l1,27CI F8-1127C 12 11,025 LE•I0,2111 FS-I0,2111 EM8-I0,2IMI F8-I.D2M 117 1133 LE-so.cm F8-IO,CW EM&-IO,CW FS-IO~ 147 11.177 LE-SO.• FS-IO.• EM8-IO,• • FS-1.D- i ··~··· .. ,. I ,. .. . ., ~ i,r •. • .. . . , . .-. . .. . .... ·· .. . .. : .. . Chemloll Tape (roll) eoo.-, IArllDallc:Mt County Equipment I i • r · ...... , ..... • • I .·: I.:~·~ ·, 2003 URBAN MEA SECURITY INITIATIVE BUDGET DETAIL SHEET Traller • 18 foot 11,100 ... ,oo City of Aurora, City of F8-t1, Cherly Hlll9, EMS. t1, Cunningham Finl FS. $1 Dletrlc:t, City of Doff-It Klla • Adult (2CWbmc • 8001111111) .7,875 LE-$1, Engtewood, City of FS. 11, ~ vi:.~ City EMS.11, of Uttleton, City or t-------t=-::~=--=:-:-:-""""'.'.:::":"-":'"::::"'."""."-t----:t---~~----~~--~F~S.~S~113 Shertdan, South Metro Doff.ft Kb· Chlldren (2MNII -100 ,1,NIS LE• SO, Fire Dlltrlct) FS. SO, CPF-2 8ulll (1211m • 4IO lllllt ,121 100t'llclr • 2 Ndl S. II, L. JCL.l 117 Nlrtle Ololla ,.._·MO 11111t '41 Date:2124/2004 11121 t740 N,CIIO cm 133 1.111 EM8-SO, Fa.SO LE-S0,1 FS.S0,1 EMS.S0,1 FS.S01 LE-11,27 FS.11,27 EMa.11,27 FS. 127 J 2003 UR8AN MIA 8ECURl1Y INITIATIVE BUDGET DETAIL aEET Chemlclll Tape (roll) 24 N-815 MallCII (21Mlaac • 830 IDIIII) 3 5'pack. IOIJ lalal) 100 20 121 111 1258 LE·IO,OIM FB-IO,OIM EMB-IO,OIM F&-IOm. 12,,tO 1720 LE•I0,11[ FB-I0,18( EMB-I0,18( FB-I0181: l20 11,111 LE-I0,411 FB-I0,4111 EMB-I0,4111 ,~ FB-I0,481i Jeff.-.on County City of WhNlrldge, City I I II ' • '•: ' ' · .. :: .· ... t , . ... .·.. . . . ' . ' ), . 2003 I.IRBAN AREA 8ECURl1Y INITIATIVE BUOOET DETAIL aEET Traller-18fool 1 18,100 18,100 of Arvada, City of ..... --------tf-----------+---+----+--------tf-----:..:;;.:::.:.i::::a Lakawood, w .. Me1ro Don-It Kb· Adult (2CWbclc • 500 toll!) 215 1318 S7,175 Fire) Don-It Kb • Chllcnn (2CWbclc • 100 1318 20 137 1740 CPF-2 lull (12'bol • 480 lalll) 40 1127 18,CIIO 11,cm 1~ • 2 NCh 8, M, L, >CL) I S17 S133 Nllrlle Olcwel (18lbclc • 840 toll!) 40 '47 11,177 Data : 2/24/2004 21 /21 Dall: 2/24/2004 f.~·/ .. ·~ .... ~: .. ~~:· . 2003 UA8AN MBA IECUAITY INITIATIVE aJDGET DETAIL IHEET Tape(rall) 24 N-85 Mala (210lbmc-l30 tall!) 3 Bler1kalll (lilpa-500 kal) 100 22/211 J .. 111 1251 LE-IO,OIM FB-IO,OIM EMB-IO,OIM F8-IQIIIIM S240 1720 LE·I0,11K FS-I0,11K EMB-S0,1• FS-I01111 l20 11,8115 LE-I0,41111 FS-I0,41111 EMB-I0,41111 FS-I0,41111 1-.- Adame County Equipment Soultt Welt Adami Equipment County Commerce City Equipment Arapahoe County Equipment Jeffereon County Equipment i" 'J .. .. . , . . . t ., • .. 2003 URBAN NtEA 8ECURl1Y NTIATNE IUDOET DETAIL SHEET PPE Flllt Aelpolldlr lllfl9 11 PPE Flllt Aelpolldlr Elegl 4 PPE All Aelpolldlr .... PPE Flllt Aelpolldlr 11111 100 PPE F .. Reapondlr Elegl 100 TOJAL 23/21 PW-$8125 PW-125 PW-$8125 PW-$8125 LE-112,833 FS-112,833 HZ-1 I!!, M,180 LE-12,1153 FS-12,1153 HZ· 1153 11,MO LE-I0,1513 FS-I0.1513 HZ-1113 l30.IOO LE-110,217 Fa.110.217 HZ-110217 131,ISOO LE-112,833 Fa.112,833 HZ-11 C33 131,ISOO LE-112.833 ' Fa.112,833 HZ-11 833 ·-- I Hoeplllll Equlp.-t for Four CountlN C of Denver E Jefferaon 2003 URBAN AREA ~ITV INITIATIVE BUDGET DETAIL SHEET L..ewl "C" PPE lo Include: 3M PAPR BrNlhe e. 10 8lllyl rubber hood wllh ltilm llllllry, lnlltq tube , bUlyl hood, turbo uni. 3 FR-57 F .... bllt, flow melar, duffel big, nlcad biliary w/ charger, Coldura wit peok, waterproof llllllry pouch, I FR- 57 cai1rldgle. 12 tEPA ll'llnq cartrldgle. Kappler CPH 8ul wl hood, Kappler,..... OOIMrll w/ hood for lame llahnlllle 1158 Law! "C" PPE lo lnaludl: 3M PAPR BrNlhe e. 10 8lllyl rubber hood wllh lltlkln bllllly, lnllq tube , bUlyl llood, turbo uni. 3 FIM57 Rtal9, bllt. 11111w ...... duffel big. nlolld llllllry w/ chaglr, Coldura wit peok, --ploof bllllly pouch. • FR- 57 cai1rldgle. 12 tEPA ll'llnq antclgN. Kappler CPH 8ul w/ hood. Kappler ,..... OOIMrll w/ hood for lame lec:hnllrtle L..ewl "C" PPE 1D Include: 3M PAPR BrNlhe e. 10 EMyt rubber hood wllh lltlkln llllllry, lnlltq tube , bUlyl hood, turbo uni, 3 FR-57 Rtels. bllt. 11111w melar, duffel big, nlcad llllllry w/ chaglr, Coldura wit peak, Walllproof llllllry pouch, I FR- 57 cai1rldgle. 12 tEPA ~ antclgN. Kappler CPH 8ul w/ hood, Kappler,..... OOIMrll w/ hood ta, lame ...... J .. 132() IIIO HC -l208 580 1321 223 HC-113223 13%& Ol4 HC-129084 Dall: 2/24'2004 2003 URBAN MEA 8ECURITY NTIATNE IUDOET DETAIL SHEET 3 21/21 14802 HC-111921 14 803 AH AH All All All All Trakq Tralrq Training I .. : : NIMSIICS t •••• f::, ..•.. ~: ,. •.· 2003 URBAN AREA 8ECURl1Y INITIATI\IE BUDGET DETAIL SHEET LE·'533,713 EMS • 12118,1158 EMA· '33,357 FS • $200,142 PW-1133,428 GA,$33,357 PaC-118,714 HC·N33,713 PH-11 421 LE-'20,014 Elle -'20,014 FS-aN,1111 PW-113343 GA-137500 GA-Al911 GA -134000 t 2003 URBAN M.EA 8ECURITY INITIATIVE BUDOET DETAIL a&T 2003 URBAN /IREA 8ECURf1Y NTIATNE BUDOET DETAIL 8HEET l12,4N,711 112,414.711 so COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 15, 2004 11 a ii Encroachment Agreement -3560 South Bannock Street, Thomas Skerritt House Initiated By: IStaff Source: Public Works Ken Ross Director of Public Works COUNCIL GOAL AND PRMOUS COUNCIL ACTION There has been no previous Council action on this request. RECOMMENDED ACTION Staff recommends that City Council approve the attached Encroachment Agreement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The original house was built in 1864. The property in question is located on Lots 16 and 17 of the Subdivision, which was platted in 1926. The east 30 feet of Bannock Street was dedicated as part of the Skerritts Addition Filing No . 3. The right-of-way dedicated captures the front of the building. The owner wishes to stabilize and rehabilitate the building that been damaged over time due to the elements and neglect. Because the front of the building encroaches into city right-of-way, only City Council can approve the required encroachment agreement The 60 feet of right-of-way that exists for Bannock Street is sufficient There is approximately 3 feet of right-of-way available behind the back of walk. and at the dosest point the building sits 2.6 feet from the sidewalk. Staff does not foresee any improvements, projects, or programs ~t would necessitate removing or modifying this residence if it is allowed to be improved and stabilized. FINANCIAL IMPACT It wi ll cost approximately $40 to record the Encroachment Agreement and the Ordinance. LIST OF ATTACHMENTS Encroachment Agreement Site Plan Proposed Ordinance t ORDINANCE NO. SERIES OF 2004 BY AUTHORITY A BILL FOR 0 . . 0 COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE AUTHORIZING AN ENCROACHMENT INTO THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR STABILIZATION AND REHABILITATION OF THE THOMAS SKERRITT HOUSE 3560 SOUTH BANNOCK STREET, ENGLEWOOD, COLORADO. WHEREAS, the Owner of the Skerritt House located at 3560 South Bannock Street bas requested an encroachment into the City's Right-Of-Way for purposes of stabilization and rehabilitation of the house on the property; and WHEREAS, the Owner requests approval of the encroachment as described in Exhibit A, by the Englewood City Council pursuant to 11-3-4(0) EMC; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectjon I. The City Council finds sufficient cause to approve the encroachment into the City's Right-of-Way, subject to the conditions set forth in the Encroachment Permit And Indemnity Agreement attached u Exhibit A. Introduced, read in full, and pused on first reading on the 1s•b day of March, 2004. Published as a Bill for an Ordinance on the 19th day of March, 2004. Douglu Garrett, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and pused on first reading on the 15th day of March, 2004. Loucriabia A . Ellis 1 - t • • r~ i._j ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT THIS AGREEMENT, made this day of March, 2004, between the City of Englewood, Colorado, a municipal corporation, and Colorado Preservation Incorporated, the owner of a certain parcel of real property legally described as : Lots 16 and 17 ofSkerritts Addition Filing No. 3 Subdivision and commonly known as: 3560 South Bannock Street The City of Englewood, Colorado, hereby grants to said owner of the property at the above described location permission to : Stabilize and rehabilitate the Thomas Skerritt House, which is to entail installing a perimeter drainage system, removing and replacing ponions of the private entry sidewalk. installing new downspouts and gutters , installing new asphalt shingle roof, installing a new crawl space ventilation grille, and rehabilitating wood windows, scraping, priming and painting the wood siding, and where needed performing epoxy repairs. and replacing entire siding boards where needed on the west side of the Thomas Skerritt House , which construction and stabilization will encroach approximately two feet (2') into the South Bannock Street right- of-way. The aforesaid property owner and his heirs and assigns understands and agrees that : I . That the property owner/contractor shall obtain all necessary permits and satisfy all conditions required for the proposed construction, rehabilitation and stabilization of the Thomas Skerritt House . 2. All maintenance of the Thomas Skerritt House and improvements is the responsibility of the property owner. And that all normal maintenance on the Thomas Skerritt House and improvements can be done without permits to do work in the public right-of-way, except when public improvements need to be disturbed, or the public way occupied in such a way as to necessitate detouring cars or pedestrians around the work area. 3. That if the City determines at an~ time that the improvements are not being maintained in a good and sound state of repair. then the City will provide written notice that these concerns must be addressed in accordance with The Secretary of the Interior ·s Standards f or Rehabilitation. The C ity Manager may give written notice to the owner that maintenance must be performed or repairs made within a specified period of time, not less than ninety (90) days , unless the maintenance in question presents a safety concern to the general public in which a shoner period may be determined for compliance. lf such repairs or maintenance are not performed within the swed time, the City Manaaer may order such repairs or maintenance to be performed by the City and the expenses connected therewith shall be a lien upon the property adjacent to the improvements until the cost thereof is full y paid. lf the assessment is not paid within thirty (30) days thereafter, the City shall cenify such assessment to the COWlty Treasurer who shall place the same upon the tax list for current year, to be collected in the same manner u other ta..,es are coll ec ted . with a ten percent ( 1 ~'..) penalty thereon to defray collecnon costs. X .. I • I T A 4. That said property owncr(s) arc estoppcd to deny the right of the City of Englewood. Colorado, to revoke the Encroachment Permit or to deny the property ripes of said City . 5. That said the property owner(s) agrees to reimbunc and indemnify the City of Englewood. Colorado, for all ncccssary expenses of whatever nalUrC that may be incurred in revoking this Permit, removing the structure placed in the public right-of-way, or any other expense as a result ofgranting the Encroachment PermiL 6. That the property owners shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment Permit and Indemnity Agreement, and the City of Englewood shall be held harmless from any and all liabilities arising from this action. 7. That this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assigns, and successors ofthe respective parties. IN WITNESS WHEREOF , the parties have set their bands the day and year first written above. CITY OF ENGLEWOOD, a municipal corporation By: _______________ _ AITEST : Douglas Ganeu, Mayor By : _________________ _ Loucrishia A. Ellis, City Clerk PROPERTY OWNER STATE OF COLORADO ss . COUNTY OF ) ntgrcgoing instrument was acknowledged before me_ tlusjfi daG of t.t,ic:,( • 2004, by t,,CJ . · (E£N of Colorado Preservation, Inc. as the property owner of 3560 ' South Bannock Street, Englewood, Colorado 80110 . My Commission expires : J-J-1"-.".] 1 t 0 ORDINANCE NO. SERIES OF 2004 BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE 15, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW SECTION 4, RELATING TO OUTDOOR STORAGE IN RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONED DISTRICTS IN THE CITY OF ENGLEWOOD . WHEREAS, the storage of "junk" is regulated by 15-7-2 EMC; and WHEREAS, there is currently no provision regulating storage of other personal property in the public view in Residential Districts; and WHEREAS, the City Council, through its police powers, finds that it is necessary for the health safety and welfare of the citizens of Englewood to regulate the storage of personal property outdoors; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section L Title 15, Chapter 7, Englewood Municipal Code 2000, is hereby amended by the addition of a new Section 4, to read as follows: 15-7 -4 : Outdoor Storage of Personal Property : A. AU Residential Districts . 1 It shall be unlawful for any person to store any personaJ property in the front yard. as defined in tH:rncX2} EMC as amended, front porch. or area visible from the street of any residentially zoned property in the City, except as provided by subsection 3 of this section. Personal property is defined as items such as, but not limjted to, camper tops household appliances. household furniture household fixtures building materials landscape materials and machinery . i The following exceptions sball not violate this provision · Pcrmaoently installed facilities . Bicycles and similar vehicles not powmd by a motor 1- 11 bi t r::--. t_J Goods offered in a non-commercial yard sale may be stored for a period not to exceed forty-eight C48} hours. g, Lawn furniture including. but not limited to tables chairs umbrellas and benches commonly associated with garden/lawn furniture . Furniture and other household goods, associated with moving into or out of any residential structure, may be stored for a period not to exceed seven (7} days Ka Landscaping materials to be installed on the same lotls} that they are stored upon may be stored for a period not to exceed fifteen OS> days . Fencing materials to be used for the construction of fences on the same Jo1Cs} that they are stored upon may be stored for a period not to exceed thirty <JO} days. I!, Building materials to be used for construction of structures or facilities on the same lot<s} that they are stored upon may be stored for a period not to exceed ninety (90} days Responsible Party. The owner of the personal property as well as the occupant and owner of the property where such personal property is stored shall be responsible for the maintenance of such property in compliance with this Chapter . Section 2. Safety Clauses, The City Council hereby finds, detennines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and 1afcty and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 3. Severabiljty . If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances . Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict . 2 - Section 5. Effect of repeal or modjfication The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in pan any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings , or prosecutions. Section 6 . .lma1n'.. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 111 day of March, 2004. Published as a Bill for an Ordinance on the 5th day of March, 2004. Read by title and passed on final reading on the I5th day of March, 2004 . Published by title as Ordinance No . __, Series of 2004, on the 19•h day of March, 2004 . Douglas Garrett, Mayor ATTEST : Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Cleric of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 2004. Loucrishia A . Ellis 3- t o 0 BY AUTHORITY ORDINANCE NO . SERIES OF 2004 COUNCIL BILL NO . 11 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE 15, CHAPTER I, SECTION 2, DEFINITIONS; TITLE 15, CHAPTER 9, SECTION I, PERTAINING TO INOPERABLE MOTOR VEHICLES; AND ADDING A NEW TITLE 15, CHAPTER 9, SECTION 2, PERTAINING TO OFF-ROAD (ORV) VEHICLES AND TRAILERS, OF THE ENGLEWOOD MUNICIPAL CODE 2000 . WHEREAS, Englewood City Council wishes to address the issue of storage of inoperable motor vehicles, off road vehicles and trailers in the front, side, and back yards in the City; and WHEREAS, the City Council, through its police powers, finds that it is necessary for the health, safety, and welfare ofthe citizens of Englewood to regulate the storage ofsuch vehicles. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section I . Title I5, Chapter I, Section 2, Definitions, is hereby amended by adding new definitions for Inoperable Motor Vehicle, Off-Road Vehicle (ORV), and Trailers to read as follows : fclrtt:le Inqqer:qble Mqtqr Vebide: means any IWUl2[ vehicle that I) is incapable of moving in a lawful manner under its own power, or 2) lacks a current license plate, or 3) is wrecked, damaged, dismantled or incompletely assembled . Off Road~ (ORV): includes, but is not limited to , ID all-terrain vehicle ATV), mini-bike, din bike , hovercraft, dune buggy, go-cart, boat, personal watercraft, race car or other vehicles that arc not street legal in the State ofColorado, experimental vehicle, aircraft, and trailers for any of the foregoing even if properly licensed. For purposc;s of thjs definition one or more "ORY's" ston;d on attails shall he cogaidggt u gpc ORY Carport : as dcfiped io 16-11-2@ EMC front Yard · See "Yard front'' as 4efios4 in 16-11-2@) EMC, Hard Surface : a surface !hat is "8Yed wilh 119phel1, ee11e11111 er llriek "8'Jer!I as defjped jn 16-11-2@} EMC Scceenet/· YisuallY ghscyrecl by SCRSPiPB Mskfipgi YI 16-11-2@) EMC S6!iti .i.enee: llle8118 a fe11ee • dettned i11 I Ii 4 I ii({;)(~) iMC, • -4ed. aIrailq or Utilirv Jqi)q u 4cfipqi in the 1995 MAfkl Jpffic C94c M l4emF4 11 b ii Section 2. Title 15, Chapter 9, Section I, Englewood Municipal Code 2000 , is hereby amended to read as follows : Chapter 9 INOPERABLE MOTOR VEHICLES ~IOPERA8bE OFF-ROAD VEHICLES AND TRAILERS 15-9-1 : Inoperable Motor Vehicles; lnepereele. This Chapter is intended to address the proper storage of inoperable motor ychjcles. 1186 off-road vehicles and qajlers. It shall be unlawful and considered a nuisance for any person 10 store, maintain or keep any inoperable moto,r vehicle off-road yehjcle or qajler in violation of this Chapter . The owner of an inoperable moto,r vehicle, e, off-road vehicle 9U@iler as well as the occupant and owner of the property where such a vehicle 9LS@jler is stored, shall be responsible for the maintenance of such vehicle in compliance with this Chapter. A. Inoperable moto,r Vehicles in All Rqjdentjql Zone Districts. 1. No inoperable moto,r vehicle shall be stored within the front yard . 2. No person shall store or work on any inoperable moto,r vehicle within the front yard or in or on any public property or right-of way, except that such vehicles may be temporarily maintained in the front yard, on a hard surface, for the purposes of transport, loading , unloading, or other temporary activities . Such transport, loading, unloading, or other temporary activities shall not exceed eight (8) hours per day . 3. Aft liq inoperable moto,r vehicle may Ml be stored in a carport . An inoperable moto,r vehicle may be stored in a .fully enclosed garage or similar structure. 4 . One ill inoperable moto,r vehicle may be stored in a rear or side yard MINeli if it is on a hard surface, l11hi114 • 11elill fe11ee and screened from view of adjacent properties and public rights-of-way . B. Inoperable 4:1.RJJlL Vehicles in Zone Districts Other Than Rqjdentjql fjnc{wljng TSA District and PUD,1). 1. No inoperable moto,r vehicle shall be stored unless it is on a bard surfacc, IM!hitl4-it selili k!Ree and screened from view of adjacent properties and public rights-of-way or in a fully enclosed structure . 2 . The provisions of this Section shall not apply to a p(:nnitted and/or licensed automotive use . 2 Section 3. A new section pertaining to Off-Road Vehicles and Trailers is added to read as follows : 15-9-2 : Vehicles : Off-Road (ORV) and Trajlers A . Off-Road Vehicles (ORV) and Trailers in All Residential Zone Districts. I. 2. No ORV~ shall be stored within the front yard . No person shall store or work on any ORV IIUtilikl: within the front yard or in or on any public right-of-way, except that such vehicles may be temporarily maintained in the front yard, on a hard surface, for the purposes oftransport , loading, unloading, or other temporary activities. Such transport, loading , unloading, or other temporary activities shall not exceed eight (8) hours per day . ORV ·,ehiele RIB) Ret t,e stared ill a Sllfl'B... 1-41 ORV • ehiele may 1,e stered iR a flilly eRelesed garage er sifllilar slfltelllfe . 4 J. ~ AR ORV~ may be stored in acarpon or a rear or side yard seteaelt if it is on a hard surface, 1,ehiRd a selid feRee 11116 sereeRee ff0RI view ef adjaeeRt epetlies and ptthlie Fights ef ., .. ~. Anx additiOPAI ORY or qaj]er maxbe ston.d in the rear or side vard if it is on ahard surface Md scn;eoe<J from view of adiacent properties and oublic ri2hts-of-wav B. Off-Road Vehicles (ORV) gnd Trailers in Zone Districts Other Than R~ lincludinv TS4 Districu and PUDsL I. No off-road vehicle ~ shall be stored unless it is on a hard surface,. NltitNI-& selid feRee 11116 screened from view of adjacent properties and public rights-of-way or in a fully enclosed structure . 2. The provisions of this Section shall not apply to a permined and/or licensed ORV and trails USC~. Section 5. 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 ofthe public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper leg islative object sought to be obtained . Section 6. Severability . If any clause , sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of thi s Ordinance or it application to other persons or circumstances. Section 7. Inco nsistent Ordinan ces . All ocher Ordinances or portions thereof inconsistent or co nflictin g with thi s Ord inance or an y portion hereof are hereby repealed to the extent of such inco nsistency or confli ct . 3 Section 8. Effect of repeal or modification.. The repeal or modification of any provision of the Code ofthe City ofEnglewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes ofsustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement ofthe penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 9. ~ The Penalty Provision ofSection 1-4-1 EMC shall apply to each and every violation ofthis Ordinance. · Introduced, read in full, and passed on first reading on the Ist day ofMarch, 2004. Published as a Bill for an Ordinance on the S111 day of March, 2004 . Read by title and passed on final reading on the 15th day of March, 2004 . Published by title as Ordinance No . _, Series of 2004, on the 19"' day of March, 2004. Douglas Garrett, Mayor ATIEST: Loucrishia A. Ellis, City Cleric I, Loucrishia A . Ellis, City Cleric ofthe City ofEnglewood, Colorado, hereby ccnify that the above and foregoing is a true copy ofthe Ordinance passed on final reading and published by tide as Ordinance No. _, Series of2004. Loucrishia A. Ellis 4 0 ORDINANCE NO. SERIES OF 2004 BY AUTHORITY COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 11, CHAPTER I, SECTION I, SUBSECTION B , WITH THE INSERTION OF A NEW PART 4 AND PART 6, AND WITH THE ADDITION OF A NEW SUBSECTION C TO mLE 11, CHAPTER l, SECTION l, UNDER DEFINITIONS PERTAINING TO GOPEDS/MOTORIZED SCOOTERS OF THE ENGLEWOOD MUNICIPAL CODE 2000 . WHEREAS, the use of gopeds/motorized scooters has increased in popularity for both recreation and commuting; and WHEREAS, these vehicles were not included in the 1995 Model Traffic Code as adopted by the City of Englewood; and WHEREAS, there is a need to categorize these vehicles so that the public is aware of the traffic rules which apply to them; and WHEREAS, these gopeds/motorized scooters are similar in power, speed, and use to motorized bicycles so that the rules for both should be the same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. Title 11, Chapter I, Section l, Subsection B, of the Englewood Municipal Code 2000 is hereby amended by the insertion of a new Part 4, in numerical order and renumbering of the remainder, which amends Section I09 of the Model Traffic Code 1995 . This new Part 4 shall read as follows : CHAPTER I TRAFFIC CODE 11-1-1 : ADOPTION OF THE CODE . B. =4. Pan 1. Section 109, Motorized bicycles • gopeds/motorizcd scooters. animals skis skates, toy vehicles. and all-temin recreational vehicles op highways . Every pmon tiding a motorized bicycle 9f • gopecl/motptjzcd scooter upon • roadway where motorized bicycle apd gopecl(motprize li99SF£ travel is permitted shall be granrqt all of the tjpy pd abtll be gbject to all of the duties and penalties applicable to the dtjXSJ of f yehjcl& M set fonh in Jhis Code except those 519yisigps 0[ fhia sRfk thaf by tbejr ¥SY nature. can have no appljcation Sajd tjflsp tbtll also cqmply wjgh essw rules set forth in this Section and jp Put I, Sectigp 220 P :Ol pl Ol Cs) and, when using streets and highways widlip jpcprporfffd cities pd gpwgs. 1- 11 b iii J) 0 CJ shall be subject to local ordinances regulating the operation of motorized bicycles or gopeds/motorized scooters as provided in section 42-4-111. C.R.S. Whenever the word "vehicle" is used in any of the driving rules set forth jn this article that are applicable to motorized bicycle or goped/motorized scooter riders. such tenn shall include motorized bicycles or gopeds/motorized scooters. A person riding a motorized bicycle shall not ride other than upon or astride a pennanent and regular seat attached thereto. A person shall not ride a goped/motorized scooter except on its platform. No motorized bicycle or goped/motorized scooter shall be used to carry more persons at one time than the number for which it is designed and equipped . No person riding upon any motorized bicycle. goped/motorized scooter coaster, rollerskates. sled. or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway. Every person operating a motorized bicycle or goped/motorized scooter upon a roadway shall ride as close to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. Persons riding motorized bicycles or gopeds/motorized scooters upon a roadway shall not ride more than two abreast except on lanes or parts of roadways set aside for the exclusive use of bicycles. No person shall operate a goped/motorized scooter on a street with a speed limit over thirty 00) miles per hour . For the sake of uniformity and bicycle, motorized bicycle and goped/motorized scooter safety throughout the State the Department of Revenue in cooperation with the Department of Transportation shall prepare and make available to an local jurisdictions for distribution to bicycle. motorized bicycle and gopcd/motorized scooter riders therein a digest of State Regulations txplaining and illustrating the odes of the ro&d equipment requirements. and traffic control devices that arc appHcable to such riders and their bicycles. motorized bicycles and gopcds/motorized scooters . Local authorities may supplement this digest with a leaflet 2- 0 that are applicable . f a local nature . . y additional rcgul~11ons o d&imbmg "' . j>Kisdi,uons. sd within their respecuve any highway shall ride or le animals on or along . approaching traffic . Persons riding or lea;;~gside of said highway. ~':,~!a1s along highways . h an imals on the drivjmz herds 0sue_ --t persons --- ill)) hall not applyo . skis toboggans n,,. ' """ fur rmdmg on ~, 1Q the highways or s . lawful for any pe proper autho ·h purpose . otherwise mar . . any animal-draw d. an animal or dnvmg 'ghts and shall be ·d· iz or lea _mg d all of then_ · Every person run shall be grante: vehicle by th1s fill ,.., • "'11way . 1h< driver oh . """"' conveyance h duties apphcabl~ to hjcb by their very nasubjecttoanofte . ·ons of this Code w - t those prov1s1Code. excep . have no application . trails have been h horseback trails, or other treets and highwaysblbikepat_s. · 1 traveled s_ r wborily iban <IS< .... IQ r;gobJ>Ucd """6 Mb offil;ill Iii!!! arc '° except that wnh res c R s shall apply . ~en . ns contained thereon . . 2-4-10 10<3 l. --r the mstrucuoSecuon 4 shall violate any 0dnoperson ~te_. -- 3- 0l- LW The parent of any child or guardian of any ward shall not authorize or knowingly pennit any child or ward to violate any provision of this Section . Section 2. Title 11, Chapter I, Section I, Subsection B, of the Englewood Municipal Code 2000, is hereby amended by the insertion of a new Part 6 in numerical order and the renumbering of the remainder, which amends Section 220 of the Model Traffic Code 1995. This new Part 6 shall read as follows: B. g, The reaujrements of Part 2. Section 220, of the Model Traffic Code 1995 titled "Motorized bicycles -motor-driven cycles -light equipment -department control use and operations", shall apply to gopeds/motorized scooters as defined herein . Section 3. Title 11, Chapter I, Section I, of the Englewood Municipal Code 2000, is hereby amended by the insertion of a new Subsection C. which adds a new Subsection 42)(c) to Article 11 Section 102 , of the Model Traffic Code 1995 . This new Subsection C shall read as follows : Article IL Section I02{42}{cl • Definitions . Goped/motorized scooter" means a motorized vehicle · ill Having two wheels; ill Having a cylinder capacity not exceeding 50 c.c in a vehicle not powered by electricity or has a power output not exceeding 1,000 wans in a vehicle powered by electricity: QJ Weighing not more than one hundred pounds empty weight; Having a maximum speed of thirty-five '35} miles per hour on a flat surface; ill Having a low standing platfonn not exceeding twelve inches <12"} above the ground . Having handlebars . Section 4. Safety Clauses. The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 5. SeverabHjty . If any clause, sentence, paragraph , or part of this Ordinance or the application thereof to any person or circumstances shall for any 4- reason be adjudged by a court of competent jurisdiction invalid, such judgment ~hall not affect, impair or invalidate the remainder of this Ordinance or it applicatiou to other persons or circumstances. Section 6. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflict. Section 7 . Effect of repeat or modjficatjon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability , as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits. proceedings, or prosecutions . Sectjon 8. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 1st day of March, 2004 . Published as a Bill for an Ordinance on the 5th day of March, 2004 . Read by title and passed on final reading on the 15th day of March, 2004 . Published by title as Ordinance No. __, Series of 2004 , on the 19•h day of March, 2004 . Douglas Garrett, Mayor ATTEST: Loucrish ia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . __, Series of 2004 . Loucrishia A. Ellis 5- t ORDINANCE NO . SERIES OF 2004 BY AUTHORITY COUNCIL BILL NO . 13 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 11, CHAPTER 1, SECTION 1, SUBSECTION B OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE INSERTION OF A NEW PARAGRAPH 7, WHICH ADDS A NEW SUBSECTION (d) TO SECTION 220(1), OF THE MODEL TRAFFIC CODE 1995 , PERTAINING TO HELMETS REQUIRED FOR PERSONS WITHOUT A DRIVERS LICENSE WHILE RIDING GOPEDS/MOTORIZED SCOOTERS . WHEREAS, the City Council of the City of Englewood, Colorado has a proposed Council Bill 12 , Series of2004 which would modify the Englewood Municipal Code to allow the use of gopeds/motorized scooters in the public right-of-way ; and WHEREAS , gopeds/motorized scooters are not designed to provide any protection for the operators of these vehicles; and WHEREAS , operators of gopeds/motorized scooters are not required to have driver's licenses but are required to comply with the rules of the road; and WHEREAS, operators that do not have a valid driver's license should have some additional protection that is provided by wearing a helmet when these gopeds/motorized scooters are used in the public right-of-way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section I. Title 11 , Chapter 1, Section 1, Subsection B, of the Englewood Municipal Code 2000, is hereby amendea by the insenion of a new Paragraph 7, which adds a new Subsection (d) to Section 220 {I), of the Model Traffic Code 1995. This new Paragraph 7 shall be placed in numerical order and the remainder shall be renumbered. The new Subsection shall read as follows: B . J, The requirements of Pan 2. Section 220 mfd} of the Model Traffic Code 1995, titled, "Motorized bicycles -motor-driven cycles -light equipment -department control use and operations", additional equipment required for operaton of goped/motorized scooter . Any person operating a gopedlmqtotjzed scooter oq public streets without a drivers license is required to wev a securely fastened helmet designed for use under this Section . 1- Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Scverabjlity. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall .for any reason be adjudged by a court of competent jurisdiction invalid, such judgment sball not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Scctjon 4 . lnconsjstent Ordinances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any ponion hereof arc hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance sball not release, extinguish, alter, modify, or change in whole or in pan any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. hDoJ.ty. The Penalty Provision of Section 1-4-1 EMC lball apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on tbe 1st day of March, 2004. Published as a Bill for an Ordinance on the 5th dsy of March, 2004 . Read by title ~d passed on final reading OD the 15th day of March, 2004. Published by title as Ordinance No. _, Series of 2004, OD the 19'~ dsy of March, 2004 . Douglas Garrett, Mayor ATTEST : Loucrisbia A . Ellis , City Clerk 2- t I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby cenify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2004. Loucrishia A. Ellis 3- 0 C_J COUNCIL COMMUNICATION Date Agenda Item Subject March 1 5, 2004 INITIATED BY Deoartment of Public Works 11 C ii Resolution to Negotiate and Award Contract for the 2004 Micro-surfacimi: Proriram ISTAFF SOURCE Ken Ross Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution No. 33, Series 2003, Resolution No. 46, Series 2002, Resolution No. 28, Series 2001, Resolution No. 42, Series 2000, Resolution No. 44, Series 1999, Resolution No. 51, Series 1998, Resolution No. 43, Series 1997, Resolution No. 44, Series of 1996, Resolution No. 35, Series of 1995, Resolution No. 40, Series of 1994, Resolution No. 39, Series of 1993, Resolution No. 52, Series of 1992, and Resolution No. 38, Series of 1991, approving negotiating contracts and awarding negotiated contracts for the 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996, 1995, 1994, 1993, 1992, and 1991 micro-surfacing programs, respectively. RECOMMENDED ACTION We are seeking Council approval of a Resolution allowing a negotiated contract with Bituminous Asphalt Sealing Specialists, Inc., a.k.a., BASS, Inc., in an amount not to exceed $395,000 for our 2004 Micro- surfacing Program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Each year, our Streets Maintenance Division reviews Englewood's 119 miles of streets and determines which roadways are in need of maintenance e~orts. The design life of an asphalt road is 20 years. In order to coax 20 years of life out of our roads with the tough Colorado freeze/thaw cycles, studded snow tires, the challenging and constantly changing subsurface conditions, as well as the truck and bus traffic, we need to periodically perform some resurfacing treatments. Staff introduced "Englewoodn micro-surfacing in 1991 . Our objective was to develop an alternative to address the maintenance needs of roadways subjected to excessive traffic volumes resulting in pavement rutting and lanes requiring leveling treatments along with new wearing courses and surface seals. Micro- surfacing is a cost effective maintenance alternative that provides rut filling, leveling of existing pavemen ts , a surface seal and a new wearing surface. The finished product is jet black, aesthetically pleasi ng, an d exhibi ts more traction than the original asphaltic concrete for improved safety. Modification in th e product chemistry over the years has enabled us to open streets to through traffic in 20 to 30 minutes, if required . BASS has sa ti sfac toril y participated in a partnership arrangement with the City for the last thirteen years to construct our micro-surfacing programs, having now placed a total of 2,670,537 square yards of our design product (approximately 1238 blocks, or 14 2 miles of roadway). 0 Our design continues to specify the quality custom crushed, gray granite aggregate supplied by Asphalt Paving Company, Golden, Colorado. We will continue to use the improved ERGON emulsion, as developed for our program. However, our specified ERGON emulsions are not manufactured in the Denver area. ERGON emulsions must be transported from Waco, Texas. Micro-surfacing requires highly specialized construction equipment. Based on our last thirteen years of experience, we know that the use of continuous micro-surfacing equipment produces a superior product when compared to that applied with truck-mounted type machines. Continuous equipment provides consistency of application and minimizes seams by reducing equipment stops and starts. The number of continuous micro-surfacing machines continues to grow throughout the country; BASS owns and operates two of these machines . BASS has successfully constructed micro-surfacing on selected arterials, collectors, industrial and local service streets in our 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002 and 2003 micro-surfacing programs. Throughout our thirteen-year experience with NEnglewood" micro surfacing, and BASS, Inc., citizen response continues to be positive. The workmanship of BASS, Inc. remains superior. Staff continues to monitor slurry seal and micro-surfacing activities in the metro area. This year a number of cities are exploring using this product including Arvada and Parker. Most of the cities in the Denver metro area apply either slurry seals or chip seals to help prolong the life of their roads. Slurry seal is a very thin application product Because of the thin application ( 1 /8 inch thick or less), the protection and benefits of this treatment are not significant. Chip seals rely on the rock or aggregate to provide traction and protection benefits. However, chip seals are dustier; when cars drive too fast immediately after the chip is applied, cracked windshields can occur; the streets are nosier; and, when kids fall off their bikes, their scrapes are worse. Citizen complaints are typical with chip sealing. Experience with applying our product is crucial to a successful project We prefer using the only contractor that has repeatedly demonstrated successful applications utilizing the products and mix designs that we have developed, and has consistently achieved the desired results. We are satisfied with product perform;,rnce to date and are particularly pleased with performance on our local service streets. The con tractor, BASS, Inc., is available to accomplish our 2004 project in May. Our 2004 Micro- surfaci ng Program will target local and collector streets. FINANCIAL IMPACT We expect that bids for standard slurry in the metro area, using local contractors and lower quality components than our specifications, should range from $1 .30 to $1.80 per square yard in 2004. We believe, however, that the recommended course of action represents superior value to our citizens, because : 1. The City of Englewood has developed a product that has superior workability than the standards being utilized by other jurisdictions. 2. We are utilizing a con tractor that has a 13-yea r track record with this product and our specifications, and a 13-year history for being responsive to our needs and those of our citizens. 3. Micro-surfacing has construction advantages over slurries in that micro-surfacing can be used for rut filling and leveling in addition to providing the surface seal and new wearing surface. 4 . Micro-surfacing is more customer friendly, and doesn't require large quantities of loose rock that could cause problems or concerns for our citizens. The short set time allows the roadway to be reopen ed without long delays . 5. Micro-surfacing has the capability of being applied in any required thickness that ii necessary to address o ur street maintenance needs. BASS is willing to return to Englewood in 2004 to construct our micro-surfacing project We are anticipating a unit price increase in the 2-3% range, due to increases this year in the price of petroleum based products, transportation and shipping costs, from last years contract Our products price, which is manufactured from Venezuelan crude oil, remains affected by last years oil strike in that country and transportation costs. Year Contract Square Blocks Price Amount Yards Per Sauare Yard" 1991 $280000 160000 60 $1.75 1992 $260000 185000 70 $1.41 1993 $305000 201 000 76 $1.52 1994 $315 000 207000 80 $1.50 1995 $339000 209.000 80 $1.62 1996 $358.000 223000 86 $1.61 1997 $360000 240 000 97 $1.58 1998 $361 000 214 000 90 $1.69 1999 S350 000 214 000 86 $1.63 2000 $355 000 201 000 93 $1.77 2001 $360 000 200 000 89 $1.80 2002 $352 485 191.112 75 $1.84 2003 S360 000 200534 80 $2.07 2004 Estimated $395 000 188 750 85 $2.09 680,000 is available in the Road and Bridge PIF account for 2004. The balance of funding in the 2004 Road and Bridge PIF account will be utilized for asphaltic concrete overlays by Englewood forces, and the associated maintenance program administration, testing. program studies and inspection. LIST OF ATIACHMENTS Resolution Color Coded Map• List of streets for proposed 2004 Micro-surfacing Program• List of streets for proposed 2004 Overlay Program • Due to the varying appliution ro1tes of micro-surfacing. o1nd ever changing roadway conditions, mk:Jo. urfacing is contracted by unit weight applied (tons). These h ts are merely our recommendations for the Pfoposed l)fograms and are, of course, subject ID City ounc,I review and comment t'" 0 MICROSURFACING STREETS 2004 No. of Blocks Street/Avenue From To 2 Acoma Oxford Quincv 1 Baltic Valleio Teion 0 .5 Chenanao LiD81l Ieastl Parkina Lot 1 Cherokee Lavton Union 2 .5 Dartmouth Broadway Elatl 1 Delaware Radcliff Quincv 2 Elatl Chenango Belleview 3 Fox Quincv Nassau ' 4 Galaoaao Stanford Chenango 2 Giloin Flow Dartmouth 2 Girard Clarkson Loaan 1.5 Grand Elati Huron ,• 2 Grant Chenango Bellewood Dr. 2 Humboldt Floyd Dartmouth 2 Huron Oxford Mansfield 2 Huron HWY. 285 Jefferson 1 Inca Ithaca Jefferson 4 Inca KenYoll Oxford 4 Inca Chenanao Stanford 0 .5 Jefferson Jason Inca 3.5 Kenwn Fox Windermere 2 Lafayette Dartmouth Flovd 2 .5 Lehian Huron Cherokee 3 Lincoln Chenanao Tufts 1 Loaan HWV.285 Kenyoo 1 Loaan Sta'lford Tufts 4 Loaan Yale Dartmouth 2 Loaan Girard l"IWY. 285 1 Mansfield Cherokee Acoma 1 Nassau -Bannock 1 OQden Eastman F1ovd 1.5 Oxford Cherokee Fox 1 Peart Radcliff Stanford 1 Peart CulnCY Radcliff 2 Pennsvtvania Grand Union 2 Raritan Harvard Yale 1 Sherman Union Tufts 3 Sherman Hwv.285 Girad 3 Sherman Dartmouth Amherst 3 Tufts . Huron 5 Washinaton Tufts Belleview 1 Washinaton Radcliff Quincv 85.5 0 ALTERNATE STREETS • • 7 Acoma Princeton I.,. 4 Fox 8elle¥iew Union 11 0. STREET DMSION 2004 OVERLAY LIST BLOCKS AVENUE/STREET FROM TO l Adriatic Vallejo Tejon l Baltic Zuni Vallejo 2 Bates Vallejo Raritan ' 0 .5 Chenango Lonn Pennsvlvania 14 Clarkson Hwv285 Belleview l Clarkson Amherst Bates ... .. 0 .5 Dartmouth Fox Elati l Eastman Downing Lafayette 1 Fox Union Tufts 1 Franklin Floyd Eastman I Girard Emerson Corona l Harvard Teion Raritan 1 Huron Princeton Quincv l Kalamath Oxford Nassau I Lehiizh Broadway Bannock l Lincoln Yale Amherst 2 Nassau Bannock Fox l Pearl Union Tufts l Pearl Girard Floyd 2.5 Princeton Cherokee Huron 0.5 Stanford Sherman Lincoln l.S Vassar Teion Zuni I Warren Tejon Vallejo I Washington Girard Flovd I.S Weslev Zuni Teion 4 Windennere Kenyon Oxford 45 ALTERNATE STREETS 3 Acoma Layton Belleview I Elati Lehillh Mansfield I Elati Ouincv Radcliff • • I Delaware Kenyon Lehiah 2 Galamuzo Chenanao Grand 8 CITY OF ENGLEWOOD •• PUBLIC WORKS DEPT. Proposed Mlcrosurface • overlay 2004 tiaaii ,-. --= ,__ --- Ii -~ ~ f ,lll1l1l11l1ill111 I 1 t---·-/-) IH ,_I :_ -'--- r-'-Pl rY" IH-~ I l=i -._ 1 It::/._ n - I I 1111 µnJI } "' I • I 1111 I I I ri t-- 11 \ I " 111 I .,.I ljlH;J! I -... ~ I f - fl ,... ._ -) J. -~ -' f~ - I~ -_:f _J ~ -1 111 ~ --1 - I I" tS:: \ I ---; ~ l --§Ji ---~ -:::::: -~ ~ 1 ~ ·,,,.--I / ( I r:;:::« t:J C H JllljJJ I \ •1 1 /e--I -,. __ I' J f I Mlcrosu rface Overlay RESOLUTION NO. SERIES OF 2004 0 A RESOLUTION AUTHORIZING THE NEGOTIATION AND AWARD OF A CONTRACT FOR ENGLEWOOD'S 2004 MICRO-SURFACING PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE 2000 . WHEREAS, the City ofEnglewood is responsible for maintenance ofapproximately 119 miles of public roadways in the City; and WHEREAS, the Departtnent of Public Works and Engineering and Street Maintenance Divisions have developed a system-wide maintenance program in which they have found microsurfacing to be a viable and economic preventive maintenance alternative; and WHEREAS, local contractors have not demonsttated the ability and/or knowledge to construct microsurfacing acceptable to City standards when given the opportunity on demonstration projects for other jurisdictions in the past; and WHEREAS , the staff ofthe Public Works Department has evaluated the quality of microsurfacing utilizing a specific local aggregate and a quick-set ERGON emulsion for the past 13 years ; and WHEREAS, Bituminous Asphalt Sealing Specialists, Inc . (BASS) of North Little Rock., Arkansas, has laboratory-tested and field-tested this product, and City staff has evaluated the abilities ofthis company in placing microsurfacing. and has discussed their work quality and product quality with other governmental agencies which have bad years of experience with this company; and WHEREAS, BASS, Inc . has now placed a total of2,670,S37 square yards (approximately 1238 blocks, or 142 miles ofroadway) in the City ofEnglewood over a period of 13 years; and WHEREAS , Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1 , Englewood Municipal Code 2000 , allow contracts for public works or improvements to be . negotiated, provided that contracts for which no competitive bids have been requested have been approved by resolution which shall declare the reason for exception to the competitive bidding requirement; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The Department of Public Works is hereby audlorized to nqotiate a contract for Englewood's 2004 microsurfacing propam in an -.ar not to aceed $395,000 in lieu ofthe competitive bid process as allowed by Section 116 (b) of the Eqlewood Home Rule Charter and Section 4-1-3-1, Englewood Municipal Code 2000 . The Depuunent of Public Worts is hereby authorized to eater into a contn1et for the Englewood's 2004 microsurfacing program pursuant to their invatipaions oflocal agrepte, quick-set emulsion produced by the EROON Refinery in Waco, Texas and construction of the product on Englewood streets by Bituminous Alpbalt Sealing Specialists, loc., of North Little Rock, Arkansas . ADOPTED AND APPROVED this 15th day of March, 2004 . AITEST: Douala~ Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEnpwood, Colondo, hereby certify the above is a trilc copy of Resolution No.__, Series of 2004. Louc:rilbia A. Ellis, City Clertt Date March 15, 2004 Initiated By COUNCIL COMMUNICATION Agenda Item 11 Ci De artment of Finance and Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION o .. . . CJ . Subject Transfer and Supplemental A ro riations of Funds Staff Source Director The Council approved the 2004 Budget and Appropriation on final reading November 3, 2003. Council approved a transfer of $144,916 in excess funds from this fund to the General Fund in 2003, but has not taken any action on this topic in 2004. City Council discussed the transfer from the Capital Equipment Replacement Fund (CERF) to the General Fund at the February 23, 2004 study session. Council has not discussed the appropriation of funds for Art In Public Places . · RECOMMENDED ACTION Staff recommends City Council approve the attached resolution appropriating and transferring funds as listed below. The sources and uses of funds are as follows : SURPLUS AND DEFICIENCY FUND source of Funds; Unreserved/Undesignated Fund Balance use of Funds; Tra nsfers Out to the General Fund CAPITAL EQUIPMENT REPLACEMENT FUND source of Fund s; Unreserved/Undesignated Fund Balance Use of Funds: Transfe rs Out t o the General Fun d GENERAL FUND source of Funds; 20,862 20,862 12,000 12,000 Transfers in from th e Surplus and Defici ency & CERF $32,862 use of Funds; Library D epartmen t Staffi ng/Vehicle M ai ntenance Unreserved/Undesign ated Fund Balance Total Us e of Funds 12,000 32,862 t CAPITAL PROJECTS FUND source of Funds; Unreserved/Undesignated Fund Balance use of Funds; Art in Public Places (One-Percent For Arts) 5,525 5,525 The City of Englewood is required by City Charter to ensure that expenditures are not made without proper appropriation by City Council. The attached resolution appropriates funds to ensure that the City of Englewood complies with legal restrictions governing local budgeting. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Currently, the Surplus and Deficiency Fund has a balance of $88,922.21. These funds are held as additional security for special improvement district bond issues. The only issue currently outstanding is Paving District 38, which has a principal balance of $164,000. Charter Section 109 states that the Fund Nshall continue to be maintained in the proportion that the amount on deposit in the Special Fund as of the effective date of th is Charter Amendment bears to the total amount of bonds presently outstanding for such Special Improvement Districts of the City. Any amount not required to be maintained in the Special Fund, shall be transferred to the General Fund or to any other fund of the City as may be determined by the City Council.# In 1973, the Surplus and Deficiency Fund had a cash balance of $357,892 and the total outstanding bond principal was $863,160 making the proportion 41 .5 percent This will allow a transfer of 20,862 to the General Fund, leaving $68,060 in the Surplus and Deficiency Fund as additional security for the outstanding bonds. City Council discussed and approved adding $12,000 to the Library Services Department budget to pay for additional staff hours. Resolution 42, Series of 1998 (attached), -recommends that all future Council budgets contain annual funding for an Arts In Public Places Program by allocation 1 % of the City of Englewood's Capital Improvement Budget to the Arts in Public Places Program. - FINANCIAL IMPACT The transfers will reduce the Surplus and Deficiency Fund and the CERF reserves by $20,862 and $12,000 respectively . The General Fund's unreserved/undesignated fund balance will increase a net $20,862 and the Capital Projects Fund's reserves will be reduced by $5,525. LIST OF ATTACHMENTS Proposed resolution and copy of Resolution 42, Series of 1998 t RESOLUTION NO . !Ii:::. SERIES OF 1998 0 . A RESOLUTION RECOMMENDING ANNUAL FUNDING FOR AN ARTS IN PUBLIC PLACES PROGRAM FOR THE CITY OF ENGLEWOOD. WHEREAS, at the October, 1997 meeting of the Cultural Arla Commission the Commission voted and passed a recommendation that the City Council establish annual funding for an Arts In Public Places Program; and WHEREAS, a funding option of one percent of the City's capital construction budget was offered as an example of what other metro citiell have adopted; and WHEREAS, the Englewood City Council hereby recommends the allocation of one percent (191,) of the City of Englewood's Capital Improvement Budget for the Arla In Public Places Progr1UI1; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The City Council of the City of Englewood, Colorado hereby recommenda that all future Council budgets contain annual fundmr for an Arla In Public Placea Program by allocating 191, of the City of Englewood'• Capital Improvement Budget to the Arla in Public Places ProgrlUil. ADOPTED AND APPROVED thill 2Dd clay of February, 1998. oucnshia A. Ellis, City Clerk Lou<ri,hia A. Elli,, Cily Cloris .. ,tj>, Cily "~ -... above is a true copy of Resolution No.:tc-&,riea of 1998. -' d.&o Low:riabia A. E1lia RESOLUTION NO . SERIES OF 2004 A RESOLUTION APPROVING THE TRANSFER AND SUPPLEMENT AL APPROPRIA TIONSOF RJNDS TO THE 2004 BUDGET. 0 J WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures are not made without proper appropriation by City Council; and WHEREAS, the City Council approved the 2004 Budget and Appropriation Ordinances on November 3, 2003; and WHEREAS, the Surplus and Deficiency Funds are held as additional security for special improvement district bond issues and the amount being transferred to the Ger.era) Fund are funds which are above the level of security needed; and WHEREAS, the passage of Ordinance No. 1, 2004 authorized an intergovernmental Agreement For Lease Of Bookmobile" between Douglas County and the City of Englewood; and WHEREAS, a portion of the Lease payment is being transferred to the General Fund to fund the Library to pay for additional staff houn with the remainder of the Lease payment remaining in the CERF to fund the maintenance costs for the Bookmobile; and WHEREAS, the passage of Resolution No. 42, 1998 appropriated 1% of the Capital Improvement Fund for "Art In Public Places"; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TIIA T : Section 1. The City Council of the City of Englewood, Colorado, hereby approves the following transfers and appropriations : SURPLUS AND DEFICIENCY FUND Soarc:e of Funds: Unreserved/Undesignated Fund Balance Use of Funds: Transfers Out to the General Fund CAPITAL EQUIPMENT REPLACEMENT FUND Source of Funds: 20,862 20,862 Unrescrvcd/Undcsignated Fund Balance $ 12,000 Use of Fupds: Transfer Out to the General Fund GENERAL FUND Source or f•l4•= 12,000 Transfers in from the Surplus and Deficiency & CERF $32,862 t • • Uaeo(Fupd1: Library Department Staffing/Vehicle maintenance Unreserved/Undesignated Fund Balance Total Use ofFunds CAPITAL PROJECTS FUND Source or fupda: Unreserved/Undesignated Fund Balance Useo(Faad1: Art in Public Places (one-Percent For Arts) 12,000 m..!l..§1 32,862 S,S2S S,S2S Section 2. The City Manager and the Director of Finance and Administrative Services arc hereby authorized to make the above changes to the budget ADOPTED AND APPROVED this 15th day ofMan:h, 2004. ATIEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEnglewood, Colorado, haeby certify the above is a true copy ofResolution No .___, Series of2004. Loucriahia A. Ellis, City Clerk t 1 . 2. 3 . 4. 5 . a'M 0.m. Callto~rde ~ Invocation Pledge of Allegiance Roll call Members: present 0 cc 3/, j,J m;nu1~1J.AM'tt 1-D --f;+-~moved absent I.--. ") I I LJ J--~l 0 J ro01 1~0 a/ bl Ci II~,· . 7-0 tJ-fll ti,(I