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HomeMy WebLinkAboutCouncil Packet 04/27/2009 6:30 p.m. Pre-Meeting ~\~':'l'l~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 27. 2009 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF April 13, 2009 PROCLAMATIONS AND CEREMONIES Proclamation -April 27-May 3, 2009 -Celebrate Business in Wheat Ridge Week Proclamation -May 1, 2009 Arbor Day & Tree City U.S.A. Proclamation -April 26-May 2, 2009 -National Crime Victims' Rights Week Proclamation -Building Safety Week Proclamation -Mental Health Month Proclamation -Public Service Recognition Week -May 4-10,2009 CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA CITY COUNCIL AGENDA: April 27, 2009 Page -2-DECISIONS. RESOLUTIONS, AND MOTIONS 1.. Approval of Award ITB-09-12 Leisure Pool and Spa Refinish to Atlantis Pool Plastering Inc., in the total amount of $105,763.00. 2. Resolution 24-2009 -A Resolution amending the fiscal year 2009 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $14,988.00 for the purpose of meeting the requirements of the Virginia Graham Baker Act to retrofit the Outdoor Pool Drains. 3. Resolution 25-2009 -A Resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the City and County of Denver concerning Urban Area Security Initiative Grants that allow for the cooperation of local governments to prepare for and enhance the Denver urban areas capacity to prevent, mitigate, respond and recover from Terrorist attacks. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO April 13, 2009 Mayor DiTullio called the Regular City Council Meeting to order at 7:04 p.m. Council members present: Karen Adams, Karen Berry, Tracy Langworthy, Lena Rotola, Wanda Sang, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; City Treasurer, Larry Schulz; Director of Community Development, Kenneth Johnstone; Director of Public Works, Tim Paranto; Planner, Jeff Hirt; staff; and interested citizens. Council Member Dean Gokey was absent. APPROVAL OF MINUTES OF March 23, 2009 Motion by Mrs. Sang for approval of the Minutes of March 23, 2009; seconded by Mr. Stites; carried 6-0 with Mrs. Rotola abstaining due to her absence. PROCLAMATIONS AND CEREMONIES • Broadridge -6th Grade Essay Contest Presentation Mayor DiTullio introduced David Holland from Broadridge Financial Solutions, a local Wheat Ridge Business, who presented awards to the winners of this year's Essay Contest contest. Mrs. Pfeifer from from US Congressman Ed Perlmutter's Office and State Representative Sue Schafer were present to honor and congratulate the winners. • WR2020 Planning Academy Graduation Denise Balkas of Wheat Ridge 2020 and Mayor DiTullio presented awards to the following graduates of this year's Wheat Ridge 2020 Planning Academy: Reef Abbott Yvonne Boyle Amy Tindle Susan Dyck Chad Harr Carole Hughes Ralph Hughes Joyce Jay Thomas Meiers Betty Jo Page Janette Ray Francisco Reina Carol Rolland Dave Schroeder Floyd Sekiya Bobby Verenna Jennifer Walter James Williams Lynn Wodell Julie Pezze CITY COUNCIL MINUTES: April 13, 2009 CITIZENS' RIGHT TO SPEAK Page -2-Lisa Foust, representing Enterprise Wheat Ridge, announced the First Annual Wheat Ridge Spring Green Business Expo taking place on Tuesday, April 2Sth from 7:00am-1 0:30am at the Wheat Ridge Recreation Center. The event will highlight numerous Wheat Ridge Businesses and their services, including green products, home weatherization services, pet care, food services and many others. Door prizes will be given. For more information, visit the Enterprise Wheat Ridge website at www.ewheatridge.com . the City of Wheat Ridge website, or watch WRTVS government access cable channel S. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 10-2009 -An Ordinance providing for the approval of a change of zoning from Commercial One (C-1) and Residential Two (R-2) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan for property located at 10403 West 44th Avenue. (Case No. WZ-OS-07I1rpinia) Mayor DiTullio opened the public hearing and gave oath to all those testifying. Council Bill 10-2009 was introduced on second reading by Council Member Rotola. City Clerk Michael Snow assigned Ordinance No. 1439. Jeff Hirt presented the staff report. No citizens were present to speak on this item. The applicant declined to make any comments. Mayor DiTullio closed the public hearing. Motion by Mrs. Rotola to approve Council Bill 10-2009 (Ordinance 1439) on second reading for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the Fruitdale Subarea Plan. 2. The proposed zone change is compatible with the surrounding area as a low impact non-residential use. 3. The proposed zone change will not adversely impact the public health, safety, or welfare. With the following conditions: 1. The applicant must receive certificate of occupancy for a commercial use to operate the business, which may include application for an additional building permit and interior modifications. 2. The applicant must receive a business license to operate the business. Seconded by Mrs. Sang; carried 7-0. CITY COUNCIL MINUTES: April 13, 2009 Page -3-2. Council Bill 11-2009 -An Ordinance amending the Wheat Ridge Code of Laws, Article III of Chapter 26 Density in Planned Development Districts. (Case No. ZOA-09-10) Mayor DiTullio opened the public hearing. Council Bill 11-2009 was introduced on second reading by Council Member Adams. City Clerk Michael Snow assigned Ordinance No. 1440. Jeff Hirt presented the staff report. Thomas Slattery of Wheat Ridge spoke in opposition to staffs recommendation for zoning code amendments that remove consideration of commercial building space in calculating the residential density on Planned Mixed Use Development zone districts. Mr. Dahl stated that the Charter language on residential density does not in any way mention commercial development therefore it would not be against Charter regulations to remove the commercial factor in PMUD residential calculations. Mayor DiTullio closed the public hearing. Motion by Mrs. Adams to adopt Council Bill 11-2009 (Ordinance 1440) for the the following reasons: 1. The amendment aligns the zoning code with the City's Charter relative to residential density in planned development districts. 2. The amendment implements recommendations from the Neighborhood Revitalization Strategy, which has been adopted as an amendment to the City's Comprehensive Plan. 3. The amendment may assist in making desirable projects more economically viable in the City; With the following condition: 1. Residential density shall be calculated based on overall lot area in the Planned Mixed Use District just as it is calculated in other planned development districts, thus eliminating the last three sentences of Section 26-306.S.E. in accordance with Attachment 4 of this staff report for Council Bill 11-2009. Seconded by Mrs. Sang; carried 6-1 with Mr. Womble voting No. CITY COUNCIL MINUTES: April 13, 2009 Page -4-DECISIONS, RESOLUTIONS, AND MOTIONS 3. Resolution 22-2009 -A Resolution declaring that Tract A of the Resubdivision of a portion of Fruitdale Valley Subdivision shall be used for street purposes. Resolution 22-2009 was introduced by Mrs. Langworthy who read the Executive Summary. Motion by Mrs. Langworthy to approve Resolution 22-2009; seconded by Mrs. Rotola; carried 7-0. 4. Resolution 23-2009 -A Resolution in support of the Regional Transportation District (RTD) Board of Directors proceeding with the Eagle P3 (Public Private Partnership) Project. Resolution 23-2009 was introduced by Mrs. Adams who read the Executive Summary. Motion by Mrs. Adams to approve Resolution 23-2009; seconded by Mrs. Sang; carried 7-0. ELECTED OFFICIALS' MATTERS City Clerk Michael Snow invited comments and input from citizens, staff and Council Members in preparation for his attendance at the National League of Cities Green Cities Conference taking place April 18-22 in Portland, Oregon. Motion by Mrs. Sang to direct that the Police Department submit grant application documents to Community Oriented Policing Services requesting competitive grant funding for two sworn officers, a School Resource Officer and a Vice Intelligence Officer; seconded by Mr. Womble; carried 7-0. Mrs. Sang announced her resignation from the Wheat Ridge Business District, effective immediately, due to a scheduling conflict with District's voting calendar. Mayor DiTullio announced the deployment of live and on-demand video web-streaming of Council and other City meetings on the City's website, www.cLwheatridge.co.us. The Mayor encouraged all Wheat Ridge citizens interested in serving as an At-Large appointee on the Wheat Ridge Business District to contact the City Clerk's Office. CITY COUNCIL MINUTES: April 13, 2009 Page -5-Meeting adjourned at 7:57p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON APRIL 27, 2009 BY A VOTE OF to Wanda Sang, Mayor pro tem The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. Celebrate Business in Wheat Ridge Week April 27th -May 3, 2009 WHEREAS, the City of Wheat Ridge works as a partner with the Wheat Ridge Business Community including the Wheat Ridge Business District, Enterprise Wheat Ridge and the Applewood Business Association, and WHEREAS, the City of Wheat Ridge recognizes the contribution that business make to increasing the quality oflife in our community, and WHEREAS, the City of Wheat Ridge helps to promote the business community to the public at large, and WHEREAS, the City of Wheat Ridge, Enterprise Wheat Ridge, and Applewood Business Association will host the Wheat Ridge Spring Green Business Showcase on April 28th at the Wheat Ridge Recreation Center from 7:30 to 10:00 a.m., and WHEREAS, the public is invited to attend the Wheat Ridge Spring Green event to learn more about Wheat Ridge's dynamic business climate and to help celebrate business in WheatRidge,and WHEREAS, it is most appropriate that we recognize the accomplishments of Wheat Ridge business community. Now, Therefore, I, Jerry DiTullio, Mayor of The City of Wheat Ridge, do recognize the week of Apri12ih through May 3,2009, as Celebrate Business in Wheat Ridge Week, and further extend appreciation to our Business Community for the services they perform and their dedication to the community. IN WITNESS WHEREOF, I do hereby set my hand and Seal ofthe City of Wheat Ridge this 27th day of April, 2009. Jerry DiTullio, Mayor Michael Snow, City Clerk PROCLAMATION ARBOR DAY & TREE CITY U.S.A. MAY 1, 2009 WHEREAS, trees have always been regarded as an important asset to the citizens of the Community of Wheat Ridge, providing one of the first business opportunities in the 1860's; and WHEREAS, trees continue to be respected as an important part of the quality oflife to the citizens of the City of Wheat Ridge and visitors, enhancing property values and community spirit; and WHEREAS, our mature trees are suffering from the devastation of environmental stresses including insect and disease, winter drought and severe temperatures; and WHEREAS, citizens, businesses, green industry, elected officials and staff continue to work together to maintain and provide for tree covered streets, parks and properties as part of a comprehensive Community Forestry program; and WHEREAS, the City of Wheat Ridge has been awarded "Tree City U.S.A" by the National Arbor Day Foundation, NOW therefore, I, Jerry DiTullio, Mayor ofthe City of Wheat Ridge, do hereby declare Saturday, May 1, 2009 as "CITY OF WHEAT RIDGE ARBOR DAY CELEBRATION" a tree or shrub. Michael Snow, City Clerk PROCLAMATION NATIONAL CRIME VICTIMS' RIGHTS WEEK APRIL 26-MAY 2, 2009 WHEREAS, 33 million Americans are victims of crime each year; WHEREAS, victims may suffer emotional, physical, psychological, and financial harm as a result of crime; WHEREAS, victim assistance and compensation programs across the country provide vital and supportive services for victims that help individuals, families, and communities cope with the impact of crime; WHEREAS, the Victims of Crime Act (VOCA), passed by Congress in 1984, affirmed a national commitment to helping victims rebuild their lives by establishing the Crime Victims Fund, a major source of funding for services and compensation to victims of crime throughout the United States; WHEREAS, the Fund comprises fines and penalties levied on offenders and affirms the principle that those who commit crimes should be held accountable for their actions; WHEREAS, the Crime Victims Fund provides support to states for victim assistance and victim compensation programs, as well as support for federal victims of crime, child abuse prosecution, emergency reserve to assist victims of terrorism, and training .and technical assistance for the victim services field: WHEREAS, the Crime Victims Fund supports more than 4,400 state and local victim assistance programs, including rape crises centers, domestic violence shelters, victim assistants in law enforcement and prosecutor offices, and other district service providers that help millions of victims every year; WHEREAS, victim compensation programs pay for medical and counseling costs, funeral bills, crimescene cleanup, and lost wages for victims of crime; WHEREAS, National Crime Victims' Rights Week -April 26 -May 2, 2009 -provides an opportunity for our country to recognize the Victims of Crime Act as a major bedrock of support for victim services and to reaffirm out nation's commitment to addressing the needs of victims of crime; and WHEREAS, the City of Wheat Ridge is joining forces with victim service programs, criminal justice officials, officials, and concerned citizens throughout Wheat Ridge and America to observe the 25th anniversary of VOCA during National Crime Victims' Rights Week; NOW, THEREFORE BE IT RESOLVED that the Mayor and the City Council of Wheat Ridge do hereby proclaim the week of April 26 -May 2, 2009 as The City of Wheat Ridge Crime Victims' Rights Week And reaffirm the commitment of the City of Wheat Ridge to helping victims of crime rebuild their lives through supportive services and victim compensation during National Crime Victims' Rights Week and throughout the year. IN WITNESS THEREOF on this tJ. '1 CI-day of --"''9''''''''""''-----, 2009 Michael Snow, City Clerk PROCLAMATION Building Safety Week May 3 -9, 2009 Whereas, through our continuing efforts to address critical safety issues in the built environment that affect our citizens, regardless of age or occupation, both in everyday life and in times of natural disaster, we are confident that our structures are safe and sound; and, Whereas, these dedicated members of the Intemational Code Council develop and implement the highest-quality codes to protect Americans in the buildings where we live, learn, work and play; and, Whereas, the International Codes, the most widely adopted building safety and fire prevention codes in the nation, are used by most U.S. cities, counties and states; these modern building safety codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wild land fires and earthquakes; and, Whereas, Building Safety Week, sponsored by the International Code Council, reminds the public about the critical role of our communities' largely unknown guardians of public safety-our local code officials-who help prevent countless fires and accidents; and, Whereas, the theme, "Building Safety: Where You Live, Work and Play," encourages all Americans to raise awareness of the importance of building safety; green and sustainable building; pool, spa and hot tub safety; and new technologies in the construction industry; it presents appropriate steps everyone can take to ensure that the place where we live, learn, work and play are safe, and that countless lives have been saved due to the implementation of safety codes by local state agencies; and, Whereas, this year, as we observe Building Safety Week, we ask everyone to consider projects to improve building safety at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments and federal agencies in protecting lives and property; and, Whereas, the City of Wheat Ridge Community Development Department strives to ensure a safe and livable built environment for all citizens and businesses, and to do what is possible to ensure that our senior citizens and disabled persons in the community live in safe, well-built and accessible homes; and, Now, therefore, it is hereby proclaimed that May 3 through May 9, 2009, is Building Safety Week in the City of Wheat Ridge, Colorado. Accordingly, our citizens are encouraged to join communities across America to participate in building Safety Week activities. Signed and sealed, this 27th day of April, 2009. Jerry DiTullio, Mayor Michael Snow, City Clerk PROCLAMATION MENTAL HEALTH MONTH -MAY 2009 WHEREAS, The State has called for a transformed mental health system in Colorado in which Coloradoans understand that mental health is essential to overall health such that mental health care is consumer and family-driven; disparities in mental health services are eliminated; early mental health screening, assessment, and referral to services are common practice; and excellent mental health care is delivered; and WHEREAS, Mental illness is the leading cause of disability in the United States, resulting in 217 million days of work lost annually due to productivity decline, more than many other chronic conditions; and WHEREAS, Lack of access to mental health services is listed as one of the top five health threats in a 2005 Colorado Health Institute statewide survey; and good mental health is essential to the overall health and emotional well-being of Colorado's children, youth, adults, and families; and WHEREAS, Colorado citizens who have mental illnesses can recover and lead full, productive lives; and WHEREAS, Access to medically necessary medication and treatment helps prevent individuals from ending up in emergency rooms, corrections facilities, and homeless and, most importantly, prevents suicide; and WHEREAS, An estimated 80,000 children, youth, and adults in Colorado who have mental health disorders are not receiving the help they need; and that addressing their complex mental health needs is fundamental to the future of Colorado; and WHEREAS, The cost of community-based public mental health services in Colorado is less than half the cost of incarcerating people with mental health needs; and NOW, THEREFORE, The Mayor and City Council for the City of Wheat Ridge, do hereby proclaim May 2009, as Mental Health Month and call upon all citizens, government agencies, public and private institutions, businesses, and schools to recommit our communities and resources to increasing awareness and understanding of mental health, providing appropriate and accessible services services for all citizens, and making mental health a priority. Jerry DiTullio, Mayor Michael Snow, City Clerk PROCLAMATION PUBLIC SERVICE RECOGNITION WEEK May 4 -10,2009 WHEREAS, Americans are served every day by public servants at the federal, state, county and city levels, who supply continuity to our democratic society; and WHEREAS, public employees and volunteers make great contributions to their communities by serving in areas such as health, education, crime prevention, fire protection, and conservation; and WHEREAS, the public employees of the City of Wheat Ridge are committed to exhibiting the highest standards of excellence, dedication, creativity, and skills; and WHEREAS, the dedicated volunteers of Wheat Ridge are an integral part of improving the quality of life in our City by being responsive to the needs of citizens and supporting City services, thus making Wheat Ridge a highly-valued community; and WHEREAS, the effectiveness and efficiency of government depend in large measure on public employees and volunteers, whose task is to provide service of the quality and quantity required and expected by the the public on a daily basis; and WHEREAS, the City of Wheat Ridge recognizes the dedication and talents of public employees and volunteers, as well as the importance of the services they render at all levels of government; NOW, THEREFORE, The Mayor and City Council for the City of Wheat Ridge, do hereby proclaim May 4-10,2009, as "PUBLIC SERVICE RECOGNITION WEEK" in Wheat Ridge, and call upon all citizens to recognize and express their appreciation for the vital contributions made daily by public employees and volunteers throughout the City of Wheat Ridge. Jerry DiTullio, Mayor Michael Snow, City Clerk -... t. J.. 4' -_ Y City of ~~Wheat&"-dge ~OFFICE OF THE OlY MANAGER Memorandum TO: Mayor and City Council FROM: RandyYoung, City Manager DATE: April 27, 2009 SUBJECT: Energy Efficiency and Conservation Block Grants Application ATTACH: Memo from October 1, 2007 Study Session on Energy Conservation Staff is preparing to submit a grant application under the U. S. Department of Energy/National Energy Technology Laboratory -Recovery Act -Energy Efficiency and Conservation Block Grants (EECBG) program by June 25, 2009 as outlined below: • The purpose of the grant application is to request funding to aid in the development of an energy efficiency and conservation strategy. See the attached memorandum from October 2007; staff will use the "next steps" section outlined in this memorandum for the grant application. The goal being to secure grant funding to hire an energy firm that can assist the City of Wheat Ridge and the Environmental Stewardship Task Force in the development of an Energy Efficiency Conservation Strategy. The Energy Efficiency and Conservation Block Grants program includes the following funding category that the City will be applying for: Technical Consultant Services: Entities may retain technical consultant services to assist the eligible entity in the development of such a strategy, including formulation of energy efficiency, energy conservation, and energy usage goals; identification of strategies to achieve those goals through efforts to increase energy efficiency, reduce fossil fuel emissions or reduce energy consumption through investments or by encouraging behavioral changes. Entities may develop methods to measure progress in achieving the goals. Entities may develop and publish annual reports to the population served by the eligible entity describing the strategies and goals and the progress made in achieving them during the preceding calendar year. Energy Efficiency and Conservation Block Grants April 27, 2009 Page 2 of2 • The City may request up to $250,000 maximum for the development of an Energy Efficiency Conservation Strategy. Awarded funds would need to be used within 36 months of the effective date of the award. Staff will be pulling together a dollar amount based on similar programs that have been developed by surrounding communities. There are no matching funds required for these grants; as a result the fiscal impact to the City of Wheat Ridge will be the allocation of staff time and resources towards the preparation of the grant application as well as the procurement and management of the technical consultant. Included below are the desired outcomes of the Energy Efficiency and Conservation Block Grants program: • Increased energy efficiency, reduced energy consumption and reduced energy costs through efficiency improvements in the building, transportation and other appropriate sectors; • New jobs and increased productivity to spur economic growth and community development; • Accelerated deployment of market-ready distributed renewable energy technologies, including wind, solar, geothermal, hydropower, biomass and hydrogen technologies; • Improved air quality and related environmental and health indicators associated with the reduction offossil fuel emissions; • Improved coordination of energy-related policies and programs across jurisdictional levels of governance and with other local and community level programs in order to maximize the impact of this program on long-term local priorities; • Increased security, resilience, and reliability of energy generation and transmission infrastructure; • Leveraging of the resources of federal, state and local governments, utilities and utility regulators, private sector and ~on-profit organizations to maximize the resulting energy, economic and environmental benefits; and • Widespread use of innovative financial mechanisms that transform markets. City of Wheat Ridge Administrative Services Department Memorandum TO: THROUGH: FROM: DATE: SUBJECT: The Honorable Mayor and Members of City Council Randy Young, City Manager Patrick Goff, Deputy City Manager Heather Geyer, Assistant to the City Manager/PIO September 26, 2007 October 1, 2007 City Council Study Session on Energy Conservation Per City Council's request, staff scheduled the topic of Energy Conservation for discussion at the October 1,2007 Study Session. Included below is a summary of the Metro Mayors Memorandum of Understanding on energy conservation. Background On June 11,2007, City Council ratified the Metro Mayors Memorandum of Understanding (MOU) dated November 14, 2006, which calls for municipalities to protect and enhance the quality of life in the metro area through energy conservation. Local governments, such as Wheat Ridge, are in a unique position to provide consumer education, access to information and other resources which are crucial first steps in attaining the economic and environmental benefits of increased energy efficiency. Ratification of the MOU assigns Wheat Ridge the responsibility of upholding the principles of environmental stewardship, as defined in four major focus areas, on a voluntary basis, individually or collectively. What is energy conservation? In general terms, energy conservation is the practice of decreasing the quantity of energy used while achieving a similar outcome. From a "big picture" perspective, energy conservation is an important element of energy policy (consumption, distribution, and production) at all levels of government, including local. In global terms, energy conservation can reduce overall energy consumption and energy demand per capita, and thus offset the growth in energy supply needed to keep up with population growth worldwide. This result reduces the rise in energy costs and can reduce the need for new power plants, and energy imports. The reduced energy demand can provide more flexibility in choosing the most preferred methods of energy production. For example, by reducing emissions created by motor vehicles, energy conservation plays an important role in lessening climate change. Energy conservation facilitates the replacement of non-renewable resources with renewable sources of energy. For discussion purposes, staff has outlined the four major areas of the MOU that can be referred to as environmental stewardship principals, and drafted responses for what the City does today. Following the outline below, staff has included recommendations for what possible "next steps" could look like. ;",( October 1,2007, City Council Study Session on Energy Conservation September 26, 2007 Page 2 of6 1. "To Improve Our Municipal Operations ... " a. Assessing energy efficiency opportunities in municipal operations and in the community, setting energy efficiency targets and creating an action plan; • The City currently does not have an environmental action plan. b. Retrofitting municipal facilities with energy efficient technologies and urging employees to practice energy conservation; • City employees are encouraged to recycle paper products which Jefferson County picks up at City Hall on a regular basis. More could be done to better promote this service in addition to making it easier for employees to recycle paper in addition to looking at recycling other materials such as glass and aluminum. • The new AC system at City Hall incorporates the most efficient equipment to cool the building, using outside air directly when possible and using an apparatus called a "flat plate". The flat plate uses the cooling tower water to cool the building instead of the compressors. • The City is in the process of converting traffic signal lights from incandescent lights to LEDs (light emitting diodes). The project will be completed next year. c. Purchasing Energy Star equipment and appliances for municipal use, and encouraging our citizens to do the same; d. Evaluating oppOltunities to increase pump efficiency in water and wastewater systems and recovering wastewater treatmcnt methane for energy production; e. Recovering landfill methane for energy production; f. Increasing precycling and recycling rates in municipal operations and in the community; • As noted above, more could be done to better promote this service in addition to making it easier for employees to recycle paper in addition to looking at recycling other materials such as glass and aluminum. Additionally, future articles in the "City Connections" Newsletter could aid in building more of awareness of the importance of recycling with particular emphasis placed on recycling services available to residents if they choose to participate. g. Incorporating energy efficiency in municipal operations wherever feasible and cost effective, including but not limited to the following: • The City of Wheat Ridge Building Division requires that any new government buildings that are constructed will be compliant with energy efficiency requirements set forth in the International Energy Conservation Code and other adopted building codes (a) in the retrofit of existing buildings, include improvements in design, lighting, and heating/cooling systems; (b) replacement of traditional street lighting and traffic signals with more efficient light fixtures and traffic signal synchronization; (c) incorporation of energy efficiency features in new government buildings; October 1,2007, City Council Study Session on Energy Conservation September 26, 2007 Page 3 of 6 h. Implementing altematives wherever feasible and cost effective, that will reduce fuel consumption in municipal operations, including but not limited to the following: increasing average fuel economy of municipal fleet vehicles; launching an employee education program, including anti-idling messages; converting diesel vehicles to altemate fuels; and exploring early adoption of emerging technologies such as plug-in hybrids and alternatively fueled vehicles. • The fleet includes many fuel conserving vehicles such as Hondas. Staff is directed to minimize idling of City vehicles. 2. "To Educate Our Citizen ... " a. Leading or assisting citizen, school, institutional, professional, business and industry educational campaigns about the benefits of energy einciency and conservation; • Currently the City does not "lead" any type of educational campaign promoting the benefits of energy efficiency and conservation. We do, when possible, promote regional programs and benefits in the "City Connections" newsletter, but this is limited. There is more the City can do, however, we have limited staffing resources. b. Facilitating dissemination of information on the availability and cost-effectiveness of energy efficient products and services, and how businesses and individuals may participate in energy efficiency programs; • See response above. c. Coordinating programs and services that connect individuals and businesses to energy efficiency resources at the national, state and local levels; • See response above. d. Promoting altemative transpOJ1ation options such as walking and cycling, and use of transit; • The City participates annually in the Denver Regional Council of Governments Bike to Work Day program. 3. "To Collaborate with Others ... " a. Working with agencies such as the Regional Transportation District and the Denver Regional Council of Governments to promote commuter trip reduction programs, and incentives for car pooling and use of tTansit; • City promotes altemative modes of transportation programs sponsored by RTD and DRCOG when space is available in the "City Connections" Newsletter. b. Working with others to establish educational programs, web sites and other methods for providing information on energy efficiency, permit requirements, incentives, rebates and servICes; • Adopted energy code and permit information is available on the City's Web site. October 1, 2007, City Council Study Session on Energy Conservation September 26, 2007 Page 4 of6 c. Encouraging government agencies, utilities, developers and others to implement programs that offer opportunities and incentives for the efficient use of energy, such as (a) efficient lighting, (b) energy-saving design and construction of new buildings and homes, (c) analysis and renovation of existing buildings and homes to optimize perfomlllilce and reduce energy requirements, and (d) replacement on an as needed basis of energy inefficient equipment and lighting; d. Encouraging utilities to establish rate structures and incentives that encourage energy effi ci en cy; e. Working in cooperation with other jurisdictions to promote the concept of sustainability in multijurisdictional projects and initiatives; 4. "To Establish Programs and Policies ... " a. Making energy efficiency a priority within the comlll1mity through building code improvements; • The City recently adopted and began enforcement of the 2003 International Energy Conservation Code b. SuppOliing the use of waste-to-energy technology; c. Providing free or low-cost services, such as free lighting assessment or design assistllilce for individuals or small businesses; • The City does not currently have the resources to provide this resource/service to citizens. Citizens would be referred to non-profit orglli1izations lli1d other agencies that provide this type of service. d. Promoting the use of life-cycle cost llilalysis in development and landscaping practices, including mitigating malket impediments; • Parks lli1d Open Space does consider "life-cycle" cost lli1alysis in City landscaping projects lli1d practices. e. Promoting sustainable residential, commerciallli1d industrial building practices using recognized standalds and certification progrmns; • The City Community Development Building Division requires complilli1ce with ilie 2003 Intemational Energy Conservation Code or RES-Check, COM-Check or E-Star Energy compliance certificates. f. Amending regulations, fee structures, permitting procedures lli1d planning decisions to promote energy efficient technologies lli1d stlli1dalds; • The City Community Development Building Division plans to adopt the 2006 Intemational Codes in 2008, and will exmnine ilie feasibility of incorporating fee incentives into the permit fee rate structure for certain energy efficient projects such as solar-based projects October 1,2007, City Council Study Session on Energy Conservation September 26, 2007 Page 5 of6 g. Supporting efforts to pass or strengthen legislation that (I) promotes energy efficiency and conservation, and (2) provides incentives for investment in efficient and clean energy teclmologies. Recommended Next Steps "Environmental responsibility" and "sustainable development" are words we hear more and more today in local govemment. Based on the outline ofthe MOU focus areas above, and the City's current limited energy conservation activities, staff recommends the City Council consider the question of what environmental planning might look like for Wheat Ridge? Environmental planning can consist of the creation of a comprehensive environmental plan that identifies environmental issues facing our community in addition to developing a plan of where we would want to go with our planning through the development of measurable goals and outcomes. For example, a possible measurable goal could be to reduce the amount amount of energy used at City Hall by 5 percent in 2009. This is a goal that could be measured through a possible reduction in electric bill at City Hall. Generally speaking, this goal would be accomplished by encouraging employees to tum off lights off in conference rooms and offices when not in use and at the end of the day. In order to move in the direction of developing an environmental plan, there are many resources available to cities, in particular small communities like Wheat Ridge (as compared to the City and County of Denver for the purposes of comparison). Resources from the Environmental Protection Agency, the U.S. Conference of Mayors, etc., exist to aid in the development of environmental planning at the local level. Comprehensive environmental planning at the local level can be described in the following six steps: I. Put together a pi arming team. 2. Develop a vision for the future. 3. Define your community's needs. 4. IdentifY feasible solutions and bndgetary impacts. 5. Set priorities for action (with schedule). 6. Implement your plan. A possible next step for City Council's consideration is the creation of citizen based environmental task force made up of elected officials, city staff, business and community partners. The purpose of the task force would be to create the foundation for the creation of an environmental plan that will build the foundation to create and further integrate sustainable practices into the city's programs and policies. The key to development of a citizen task force would be to outreach to those members of our community that have experience in environmental management such as: • Managers or operators of environmental facilities (such as water and wastewater systems), who are knowledgeable about environmental issues and the condition of existing facilities. • Elected officials or board members, who are already involved in managing local communities and are familiar with the issues that affect the area's environment. ., October 1, 2007, City Council Study Session on Energy Conservation September 26, 2007 Page 6 of6 • Local physicians, engineers, and scientists, who can provide technical infoDnation about environmental health issues, links between pollution and health, and other key data. • County and state health agencies, which can provide local, state, and national health statistics so that local conditions can be compared with state and national averages. • Emergency response personnel, usually the community's fire department(s), who often know about environmental accidents, the location of underground storage tanks, and potential sites and types of community exposure or risk. • Community residents, who represent specific interests or the "general public." • Business owners, who represent important views in the community and can help detennine future trend. Staff recommends making an open invitation to the community to identifY those citizens in Wheat Ridge that have the expertise to help in developing an environmental plan. Local Best Practices Example The City and County of Denver is a leader in stewardship planning with the, "Greenprint Denver Plan." A copy of the Greenprint Denver Plan is attached. It is apparent in the Greenprint Plan how Denver has incorporated elements of the MOU to meet the needs of their organization. This plan provides a good framework for the City of Wheat Ridge when considering what types of energy conservation activities we could be doing. Within the Greenprint Plan, Denver has identified five thematic groups to provide a context for their environmental planning: 1. Energy and Emissions 2. Natural Resource Stewards 3. Materials and Waste 4. Land Use and Transportation 5. Community and Economic Development Print outs from each of these thematic groups is included with this memorandum. These groups were developed by the advisory council as focus areas to ensure that Denver is integrating sustainable practices in the city's programs and policies, convening stakeholder groups, thinking innovatively, and communicating the value of sustainable development as a core value in Denver. Please let me know if you have any questions. /hg Attachments 1. MOU 2. About Greenprint Denver 3. Greenprint Denver Plan ITEM NO: _L REQUEST FOR CITY COUNCIL ACTION r-$~ --=-~, Ilu Q/I -=-=---... COUNCIL MEETING DATE: April 27, 2009 TITLE: APPROVAL OF AWARD ITB-09-12 LEISURE POOL AND SPA REFINISH TO ATLANTIS POOL PLASTERING INC., IN THE TOTAL AMOUNT OF $105,763.00 D PUBLIC HEARING ~ BIDSIMOTIONS D RESOLUTIONS Quasi-judicial: DYES EXECUTIVE SUMMARY: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING ~ NO The Wheat Ridge Recreation Center opened in February of2000. Since that time it has experienced a great deal of success and use by the community. Swimming pool surfaces in normal leisure pool conditions have an average life span of five to eight years. The finish for the leisure pool and spa has outlived the expected lifespan and needs to be replaced. The scope of work to be completed includes; removal of the existing plaster surface and installation of an aggregate surface called DiamondBrite, with a life expectancy of 10 to 15 years. The lap pool is not included in this project because it is a larger body of water and does not have the same water movement that the leisure pool experiences. Shallow bodies of water and the activity levels in these bodies wear plaster differently. The lap pool plaster has at least two more years before it will be considered for refinishing. On March 24, 2009, three (3) bids were received. All met the initial bid requirements. The apparent low bidder for the removal and reinstall was Seewald Construction. However, their bid amount was incorrect and could not meet the required timeline. The second apparent low bidder was Atlantis Pool Plastering Inc., Texas in the total amount of $105,763.00. Based on qualifications, experience, product, schedule and pricing, staff recommends award to the apparent low bidder meeting the specifications Atlantis Pool Plastering Inc., Texas, in the total amount of$105,763.00. COMMISSIONIBOARD RECOMMENDATION: NIA STATEMENT OF THE ISSUES: The plaster pool surface in the leisure pool and spa is rough and coming up in some spots. Staff has attempted to smooth the surface and patch the existing plaster where possible, however the area "has become too large and it is no longer possible to keep the surface intact. This type of surface failure will cause guests to incur small cuts and abrasions on their feet if allowed to deteriorate further. The scope of work to be completed includes; removal of the existing surface and installation of an aggregate surface with a life expectancy of 10 to 15 years. This aggregate surface is called DiamondBrite, which unlike plaster is very durable and less likely to etch. It will be used throughout the entire leisure pool and spa. DiamondBrite stands up to the harshest pool chemicals and water movement whereas plaster etches and roughens in a short period of time. The DiamondBrite surface is also more slip resistant than plaster, which is a positive attribute to have in a zero depth entry pool. The new surface will have a positive impact on customer service and pool safety. ALTERNATIVES CONSIDERED: To not resurface the pool and spa and therefore risk the closing of the recreation center pool due to safety concerns and maintenance issues. FINANCIAL IMPACT: $120,000 was appropriated in the Recreation Center Fund budget, account # 64-602-800-812, for this project. The bid for this project is $105,763, with an additional $10,600 for contingency. The total encumbered amount is $116,363.00. RECOMMENDED MOTION: "I move to approve the award ofITB-09-12 Leisure Pool and Spa Refinish to Atlantis Pool Plastering Inc., Texas, in the total amount of $105,763.00 and a contingency amount of $10,600.00. Or, "I move to deny the approval of ITB-09-l2 Leisure Pool and Spa Refinish for the following reason( s): " Report Initiated by: Barb Kloberdanz, Aquatics Supervisor Report Prepared by: Julie Brisson, Recreation Manager Report Reviewed by: Joyce Manwaring, Parks and Recreation Director Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet ..3..>.. 3> n :z: :s: m .Z.. ..I. PROJECT: ITB-09-12 LEISURE POOL AND SPA REFINISH BID DUE DATEITIME: 03/24/2009 by 2:00 PM • , <' REQUESTED BY: RECREATION CENTE~ OPENED BY: LINDA TRIMBLE PURCHASING AGEN WITNESSED BY: BRUCE ROOME, PURCHASING ASSISTANT e> ~~ _ -City of _ ~VVhea.tRi9ge IACKNOWLEDGE ADDENDUM #1 YES YES YES CONTRACTOR QUALIFICATION YES I YES I YES ILLEGAL ALIEN CERTIFICATE YES 1 YES 1 YES NON-COLLUSION AFFADAVIT YES LIST OF SUB-CONTRACTORS YES YES YES IREMOVE FINISH AND REINSTALL DIAMOND-BRITE Page 1 of 1 '" ). j <I' -' City of pWheatRL-dge ITEM NO: REQUEST FOR CITY COUNCIL ACTION '("'$~ "';:;'\:1 c: ~, IIII UII ~ COUNCIL MEETING DATE: April 27, 2009 TITLE: RESOLUTION 24-2009 -A RESOLUTION AMENDING THE FISCAL YEAR 2009 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,988 FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THE VIRGINIA GRAHAM BAKER ACT TO RETROFIT THE OUTDOOR POOL DRAINS D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS Quasi-judicial: DYES EXECUTIVE SUMMARY: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING ~ NO Ci~~ Legislation was enacted by the Federal Government entitled the Virginia Graham Baker Act (VGB). This legislation requires all private and public swinnning pools and spas to meet a specific standard in regards to direct suction on the pool and spa drains. The City of Wheat Ridge owns and operates the outdoor pools at Anderson Park and the indoor pools and spa at the Wheat Ridge Recreation Center. This budget amendment provides funds to retrofit the outdoor pools, which includes changing the amount and direction of the suction as well as installing new drain covers at Anderson Park to meet the standard as specified in the legislation. The retrofit design for the indoor pools at the Recreation Center is in process and actions needed for compliance will occur during closure week in August. An additional appropriation from the Recreation Center Fund to complete the work is not required at this time. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: This legislation requires that all pools comply with the act and be certified by an approved vendor to receive approval from the Health Department to be in operation. The outdoor pool at Anderson Park is in the process of having warranty work completed by the same pool contractor awarded the contract for renovation of the outdoor pool in 2008, VERSAR, Inc. This firm is an approved vendor for the VGB Act. Having the contractor that is already on site complete this work is the most cost effective, time sensitive and efficient way to achieve compliance. The additional appropriation includes funds in the amount of $3,500 for the analysis of the existing drains and design for compliance. It also includes the certification of compliance for the pools after the work is completed. The balance of the additional appropriation includes the construction portion of the compliance in the amount of$II,488 for a total of$14,988. ALTERNATIVES CONSIDERED.: To not approve the additional appropriation and therefore not be in compliance with the VGB Act. . The outdoor pools will not be certified and will not open to the public in 2009. FINANCIAL IMPACT: An additional appropriation of$14,988 from the General Fund reserves balance. RECOMMENDED MOTION: "I move to approve Resolution No. 24-2009 Amending the Fiscal Year 2009 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the amount of $14,988 for the purpose of meeting the requirements of the Virginia Graham Baker Act to retrofit the outdoor pool drains." Or, "I move to deny approval of Resolution No. 24-2009 for the following reason(s) ______ _ " Report InitiatedlPrepared by: Joyce Manwaring, Parks and Recreation Director Report Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Resolution 24-2009 2. Contract for Professional Services 3. VGB Act Renovation Cost Estimate TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 24 Series of 2009 A RESOLUTION AMENDING THE FISCAL YEAR 2009 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,988 FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THE VIRGINIA GRAHAM BAKER ACT TO RETROFIT THE OUTDOOR POOL DRAINS WHEREAS, the City is required through federally mandated, unfunded legislation to comply with the Virginia Graham Baker Act; and WHEREAS, the Act requires all swimming pool and spa drains to be retrofitted to meet a specific standard of water volume and velocity; and WHEREAS, the City owns and operates swimming pool facilities and spas; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The following amendment to the 2009 General Fund budget is hereby approved: A supplemental budget appropriation from the General Fund reserve balance in the total amount of$14,988; $11,488 to account #01-623-800-812 and $3,500 to account #01-601-700-750 for the purpose of meeting the requirements of the Virginia Graham Baker Act. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS DAY April 27, 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk r Appendix B: Contract for Professional Engineering and Consulting Services CONTRACT NO: _--"0:..:.9-=-0"-'78"--__ _ Client: City of Wheat Ridge Consultant: Addross: 49110 W. 44th Ave Address: Wheat Rid.e. CO 80033 ATTN: Mr. Rick Murray Contract Type: D Time and Materials 181 Fixed Price Contract Value: S Estimated Amount if Time and Materials S 3,500 Price if Fixed Price S Estimated Reimbursable Expenses (if FP8:E) S 3,500 TOTAL ESTIMATED PROJECT COST Contract Term: From 13-March-2009 to 30-June-2oo9 (date) (date) List of Contract Documents: Tllis Contract incorporates the General Terms and Conditions and Exhibits noted below. 181 Ve",ar Proposal No. 09-078 dated March 13, 2009 t'8I Appendix A to Versar Proposal. list of Assumptions !ZI Appendix B to Versar Proposal, Contract for Professional Engineering and Consulting Services (this document) D Special Conditions for EnvironmentaL Consulting Seevjces (Locating and Identifying Hazardous Substances) D Special Conditions for Environmental Consulting Services Services (Oversfght) o Versar's Quotation No. dated , attached to this Contract. o Other IList by title): Acceptance By: VERSAR, INC. Name:....!!.!!!!!Il!!ii'-'><..t2~~~~e-Jr ____ _ Slgnature: _ -.:,,:::a:C:=~ifrI-____ _ T;tle:---!~{9Ju:..."",,:uJ!L. _______ _ Title: Prlnci al En 'neer Date: 3 /If' I ll~ Date: March 13. 2009 General Terms and Conditions 1. Scope of Work and Term. Versar shall furnish the services as described in Versar Proposal 09·078 dated March 13, 2009. during the term indicated above. 2. Constderations and Payment a. If this is a fixed price Contract, Versar shall be paid the total amount stated above in accordance with the requirements of Clause 3 below. b. If this Is a time and materials Contract. Versar's labor costs shalt be paid at the hourly rates shown in the attachments entitled -Rate schedule." I ! I I I I ....... _---_._-----CITY OF WHEAT RIDGE VGB ACT RENOVATION COST ESTIMATE VGB Act -Leisure Pool and Competition Pool A. Replace drain covers in camp pool with VGBlANSIIASME approved Increase depth of 24" x 24" sumps, 2 ea. B. Replace drain covers in leisure pool with VGBIANSIIASME approved Reduce size of main drain piping to surge pit on two (2) 12" lines C. Slide pool (suction line and pool bottom drain) -separate and included in Slide Pool Renovation budget Subcontractors Aquatic Builders $ 6.500.00 SUBTOTAL'L$~ ____ ~6~.5~0~0.~0~0~, Materials DuraGrid 1-4000 grating, Harrington Industrials Stainless steel pre-fab mounting brackets. 16 ea. Ferguson Waterworks, Pipe fittings and reducers $ $ $ 2,353.91 728.00 767.75 SUBTOTAY~.$ ______ 3~,8_4~9_.6_6~' Tools & Equipment -Other Direct Costs $ 287.50 SUBTOTAL.~'.$ _______ 2_8_7_.5_0~' Versar Design Fee@8% , $ 850.97' TOTAL VGB Act Compliance Upgradesl!..l, ;:;.$. ...., .;1~1~,4;;.88;;.•;. ; .14o..il Notes: 1 Includes shipping & handling and fuel surcharges for products and materials 2 Harrington Industrial Plastics will provide saddles for attachment of grates to sumps for leisure pool 3 VGB Act for slide pool was addressed separately in Slide Pool renovation proposal (final pricing and details are pending approval of discharge location) 4 24" x 24" drain covers will be AquaStar in the competition pool; others are Strongwell DuraGrid 5 Details of pipe size reductions and sump piping modifications are provided in Versa~s VGB. Act compliance recommendations report Page 1 of 1 BUSINESS CONFIDENnAL ATTACHMENT 3 411412009 ,,"J, ~" City of J?"WheatRgge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: APRlL 27, 2009 TITLE: RESOLUTION 25-2009 -A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY AND COUNTY OF DENVER CONCERNING URBAN AREA SECURITY INITIATIVE GRANTS THAT ALLOW FOR THE COOPERATION OF LOCAL GOVERNMENTS TO PREPARE FORAND ENHANCE THE DENVER URBAN AREAS CAPACITY TO PREVENT, MITIGATE, RESPOND, AND RECOVER FROM TERRORIST ATTACKS D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS Quasi-judicial: DYES D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING ~ NO City Man.$r~ EXECUTIVE SUMMARY: The attached Intergovernmental Agreement (IGA) establishes a framework for cooperation between the City of Wheat Ridge, the City and County of Denver and other urban area local governments for the administration of Urban Area Security Initiative Grants. This IGA allows the Denver Urban Area to prepare for and enhance its capacity to prevent, mitigate, respond, and recover from terrorist attacks involving chemical, biological, radiological, nuclear or explosive devices; respond to natural disasters; and if such incidents occur, to improve the ability of state and local emergency personnel to respond to them. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: At any time, a terrorist incident, natural disaster or emergency condition, natural or man-made may occur anywhere in the ten-county geographic region. Such a disaster could overwhelm any of the local jurisdictions resources. Disaster conditions such as these are neither frequent nor predictable, and the actual risk is therefore, difficult to determine. However, the significant potential for harm to the public and the vital role played by governments in the Denver Urban Area in addressing and recovering from such disasters require planning, preparation and training to address the potential consequences of such an event. Because the role of local governments is vital to the communication and distribution of assets during an emergency, their participation in this Intergovernmental Agreement is an important piece in the disaster preparedness plans for the Denver Urban Area. Additionally, because the State of Colorado's intent is to only pass funds to Denver for the purposes of planning and distribution of Department of Homeland Security funds, it is important that an Intergovernmental Agreement be in place between the City of Wheat Ridge and County of Denver, and other local urban area jurisdictions. This Intergovernmental Agreement outlines the roles and responsibilities of each of these entities in dealing with Urban Area Security Initiative grants. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to approve Resolution No. 25-2009 -an Intergovermnental Agreement between the City of Wheat Ridge and the City and County of Denver concerning Urban Area Security Initiative Grants that allow for the cooperation of local govermnents to prepare for and enhance the Denver Urban Areas capacity to prevent, mitigate, respond, and recover from terrorist attacks." Or, "I move to deny approval of Resolution No. 25-2009 for the following reasons: ____________ _ " Report Initiated by: Report Prepared by: Report Reviewed by: S.W. Hammond, Lieutenant S.W. Hammond, Lieutenant Daniel Brennan, Chief Of Police ATTACHMENTS: 1. Resolution 25-2009 2. Urban Area Security Initiative Intergovermnental Agreement 3. Staff Report dated April 17,2009 4. UASIFile TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 25 Series of 2009 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY AND COUNTY OF DENVER CONCERNING URBAN AREA SECURITY INITIATIVE GRANTS THAT ALLOW FOR THE COOPERATION OF LOCAL GOVERNMENTS TO PREPARE FOR AND ENHANCE THE DENVER URBAN AREAS CAPACITY TO PREVENT, MITIGATE, RESPOND AND RECOVER FROM TERRORIST ATTACKS WHEREAS, in 2003, 2004, 2005, 2006 and 2007 the United States Department of Homeland Security awarded Urban Area Security Initiative grants to the City and County of Denver that were passed through to Denver by the State of Colorado; WHEREAS, the City of Wheat Ridge Police Department has participated in the Denver Urban Area Working Group since 2003 and has been the recipient of grants, equipment and training; WHEREAS, the State will now pass UASI funds through to Denver through separate grant awards to be executed by the State and Denver in the form of a Grant Agreement; WHEREAS, the purpose of the UASI grants 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 devices; respond to natural disasters, and if such incidents occur, to improve the ability of state and local emergency personnel to respond to them; WHERAS, the UASI grants contemplated that Denver and local governments will cooperate in the purchase of emergency responder equipment, planning, conducting and evaluating CBRNE exercises, establishing CBRNE-related training, planning associated with the completion of the Urban Area Homeland Security Strategy and management and administration associated with the implementation of the overall Urban Area Security Initiate for the benefit of the entire urban area; WHERAS, as Denver continues to be an eligible recipient ofUASI grants, Denver will continue to be responsible for acquiring equipment and procuring necessary training for the needs identified by the Urban Area Working Group; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Approve the Intergovernmental Agreement between the City of Wheat Ridge and the City and County of Denver concerning Urban Area Security Initiative Grants that allow for the cooperation oflocal governments to prepare for and enhance the Denver Urban Areas capacity to prevent, mitigate, respond and recover from terrorist attacks. DONE AND RESOLVED THIS __ April 27, 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk INTERGOVERNMENTAL AGREEMENT (Urban Area Security Initiative) THIS INTERGOVERNMENTAL AGREEMENT dated ,2009 is between the CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado ("Denver"), and the CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado (that municipal corporation, the "Sub-grantee"; that intergovermnental agreement, the "Agreement"). RECITALS A. In 2003, 2004, 2005, 2006, and 2007 the U.S. DHS awarded Urban Area Security Initiative grants to Denver that were passed through to Denver by the State of Colorado. B. The State passed those UASI funds through to Denver pursuant to the Master Contract dated May 7, 2003 and that terminated on May 7,2008. C. The State will no longer pass individual UASI grant awards through a Master Contract. Rather, it is anticipated that on an annual basis the State will pass the UASI funds through to Denver through separate grant awards to be executed by the State and Denver in the form of a Grant Agreement. D. The purpose ofthe UASI grants 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 ("CBRNE") devices; respond to natural disasters; and if such incidents occur, to improve the ability of state and local emergency personnel to respond to them. E. . The UASI grants contemplate that Denver and local govermnents will cooperate in the purchase of emergency responder equipment, planning, conducting and evaluating CBRNE exercises, establishing CBRNE-related training, planning associated with the completion of the Urban Area Homeland Security Strategy, and management and administration associated with the implementation of the overall Urban Area Security Initiative for the benefit of the entire urban area. F. Denver and jurisdictions in the Denver Metropolitan Area have formed the Urban Area Working Group to achieve the purposes ofthe UASI grants. Page 1 of 10 IIUASI-IGA-City of Wheat Ridge G. As Denver continues to be an eligible recipient ofUASI grants, Denver will continue to be responsible for acquiring equipment and procuring necessary training for the needs identified by the Urban Area Working Group. H. Consistent with the principles set forth therein, the parties enter this IGA. NOW, THEREFORE, the parties hereby agree as follows: 1. PURPOSE. The purpose of this Agreement is to implement the scope of work and project summaries set forth in each Grant Agreement, and in a timely manner complete the work as set forth therein, and to implement and achieve the project goals and objectives as set forth in each Grant Agreement. The Grant Agreement for FY 2008-2009 is incorporated and a partially executed copy of it is attached as Exhibit A. Upon execution of each future Grant Agreement, without further action, upon the effective date of each future Grant Agreement, each will be incorporated by reference in to this Agreement. As the recipient of the UASI grants, Denver has undertaken responsibility for administering the UASI grants and for procuring equipment, supplies, and training in accordance with a budget and priorities established by the Urban Area Working Group with the concurrence of Denver as the Core City and County. The parties enter into this Agreement to accomplish the purposes of the UASI grants. The availability of funds and the terms of this Agreement are subject to each Grant Agreement and to the applicable federal and state laws, rules and regulations governing those agreements. 2. DEFINITIONS. a. Bylaws means those of the Urban Area Working Group, including duIy authorized and executed amendments thereto. b. Core City is defined by the UASI grants as the City and County of Denver. c. Core County is defmed by the UASI grants as the City and County of Denver. d. Grant Agreement means the State of Colorado, Governor's Office of Homeland Security (OHS) Urban Area Security Initiative Grant Program Grant Agreement with the City and County of Denver, amendments thereto, and any successor agreement, through which U.S. DHS UASI grants are passed through from the State to Denver. e. Include, includes, and including are to be read as if followed by the words "without limitation" uuIess specifically qualified by words of limitation. J. Party and parties refer only to a named party to this Agreement. Page 2 of 10 llUASHGA·City of Wheat Ridge g. State means the State of Colorado. h. State Administrative Agency Point of Contact means the person designated by the Director of the Governor's Office of Homeland Security (OHS) Urban Area Security Initiative Grant Program or such other person of the State agency, department, or division duly designated by the State. i. Sub-grantee as used in this Agreement means the second party member jurisdiction entering this intergovernmental agreement with Denver. j. UAS! means Urban Area Security Initiative. k. U.S. DHS means the United States Department of Homeland. I. Urban Area means the City and County of Denver and the governmental or quasigovernmental jurisdictions contiguous to Denver and other jurisdictions approved by the Urban Area Working Group consistent with the Urban Area Working Group Bylaws that provide law enforcement, emergency medical services, emergency management, fire service, hazardous materials response, public works services, or public health services. m. Urban Area Working Group consists consists of representatives as set forth in the Bylaws, as the same may be periodically amended. The Urban Area Working Group is responsible for coordinating development and implementation of all program elements, including the urban area assessment, strategy development, and any direct services that are delivered by U.S. DHS. 3. ROLES AND RESPONSIBILITIES. a. Urban Area Working Group: (1) The Urban Area Working Group is governed by the Bylaws of the Urban Area Working Group and shall perform all obligations under this Agreement in accordance with the Bylaws. A copy ofthe most recent Bylaws is attached and incorporated as Exhibit B. For each USAI grant awarded, and as otherwise may be necessary, the Urban Area Working Group shall approve a budget for expenditure of funds. The Urban Area Working Group has authority to remove any member jurisdiction that does not actively participate in the Urban Area Security Initiative by sending representatives to the Urban Area Working Group meetings or by failing to fulfill the jurisdictions' responsibilities under this Agreement. (2) The Urban Area Working Group shall perform security surveys; needs assessments; and shall prioritize supply, equipment, training and exercise needs; and shall approve a budget for expenditure ofUASI grants at least annually. Page 3 of 10 llUASl-IGA-City of Wheat Ridge b. Core City and County. (1) Denver shall have responsibility for applying for and securing the VASI grants, for participating as a city and a county in the Urban Area Working Group, and for concurring in the budgets approved by the Urban Area Working Group. (2) Denver may use funds from the U ASI grants for purchasing response-related supplies and equipment; management and administration of the grant; executing terrorism/weapons of mass destruction exercises and training, including reimbursement of backfill and overtime for personnel costs; planning (risk assessment and strategy development); reimbursement for operational expenses associated with increased security measures during designated heightened threat alert levels, including overtime costs for personnel and those costs; and for management and administrative functions for the Denver Urban Area. (3) The parties agree that funds from UASI grants will be spent in accordance with the applicable budget prepared by the Urban Area Working Group and concurred in by the Core City and County. Budgets may be amended from time to time in accordance with the Bylaws with the concurrence of the Core City and County. The parties agree to accept and be bound by each applicable budget and the uses ofthe funds designated by the Urban Area Working Group. (4) In accordance with the budget and Denver's own procurement laws, regulations and policies, from time-to-time, Denver will procure, or cause to be procured, supplies, equipment and services deemed necessary to enhance the security and preparedness of the Urban Area. Denver agrees to grant or provide supplies, equipment, exercises and training, or to reimburse operational expenses for designated heightened threat alert levels all as budgeted and approved by the Urban Area Working Group, to member jurisdictions of the Urban Area as Sub-grantees, subject to UASI grants being received under the Grant Agreement and appropriated by City Council. Exercise and training costs may include personnel expenses to backfill positions positions during such training and exercises. c. Sub-grantee. (1) The Sub-grantee shall: (i) Participate actively in the Urban Area Working Group; (li) Make its personnel, and any supplies or equipment procured with funds from UASI grants through each Grant Agreement, reasonably available to other participants in the Urban Area Working Group for training and response to CBRNE incidents; Page40flO IlUASI-IGA-City of Wheat Ridge (iii) 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; (iv) 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 on forms required by Denver and in accordance with the budget approved by the Urban Area Working Group; (v) Provide all supplemental documentation that may be required by Denver; and (vi) Maintain all records that may be required by the terms of the UASI grants and state and federal laws, rules and regulations or by Denver. (vii) Comply with all terms of each Grant Agreement, including the requirements of the UASI grants. (2) This Agreement does not warrant or guarantee that Sub-grantee will receive any specific amount of supplies, equipment, training or reimbursement. Sub-grantee may receive more or less supplies, equipment, training or reimbursement depending upon the approved budget and Sub-grantee's ability to take advantage of the training in a timely manner. 3. TERM OF AGREEMENT. The term of this Agreement commences January 1, 2009 and continues through and including December 31, 2018, unless terminated as provided for elsewhere in this Agreement. 4. COORDINATION AND LIAISON. Denver's point of contact for the UASI grants is the Manager of Safety, who will serve as Denver's representative to the Urban Area Working Group. During the term of this Agreement, Sub-grantee shall fully coordinate all activities and obligations related to or arising out of this Agreement with Denver, including the Denver Manager of Safety or his designee, or as otherwise directed by Denver. 5. AGREEMENT AS COMPLETE INTEGRATION-AMENDMENTS. This Agreement is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion or or other amendment has 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 Agreement. Page 5 of 10 11UASI-IGA-City of Wheat Ridge 6. TERMINATION OF AGREEMENT. Denver has the same rights the State has under Section 17 of the Grant Agreement between the State and Denver, except that it shall exercise those rights in accordance with the procedures set forth in this Agreement. 7. STATUS OF PARTIES. Each party is an independent contractor to the other. Neither party is an employee of the other; no officer, employee, agent or contractor of one party is an officer, employee, agent, or contractor of the other party for any purpose, including unemployment compensation and workers' compensation. 8. WHEN RIGHTS AND REMEDIES NOT WAIVED. In no event will performance by a party constitute or be construed to be a waiver by that party of any breach ofterm, covenant, or condition or any default that may then exist on the part of the other party, and the tender of any such performance when any breach or default exists (or is claimed to exist) impairs or prejudices any right or remedy available to the other party with respect to the breach or default. No assent, expressed or implied, to any breach of anyone or more terms, covenants, or conditions of this Agreement is or may be construed to be a waiver of any succeeding or other breach. 9. EXAMINATION OF RECORDS. Any duly authorized representatives of the federal government, state government, and Denver, including Denver's Auditor or his representative, have the rights to access and examine any directly pertinent books, documents, papers and records of Sub-grantee, involving transactions related to this Agreement until the expiration of seven (7) years from the end date of a date of each Grant Agreement from which Sub-grantee was provided with supplies, equipment, or funding. 10. RECORDS RETENTION. For at least seven (7) years from the end date of each Grant Agreement from which Sub-grantee was provided with supplies, equipment, or funding, Sub-grantee shall retain all records required for or relating to each such Grant Agreement, including documentation and records of all expenditures incurred under this Agreement. Retention for longer than the seven years may be deemed necessary to resolve any matter that may be pending. This retention is for review by Denver, the State, and federal government, including any authorized representatives ofthese governmental entities. 11. ASSIGNMENT AND SUBCONTRACTING. Denver is not obligated or liable under this Agreement to any person or entity other than Sub-grantee. Sub-grantee shall not voluntarily or involuntarily assign any of its rights or obligations under this Agreement or subcontract performance obligations without obtaining express prior written consent and approval from Denver and the State of Colorado. Consent and approval may not be unreasonably withheld. Any attempt by the Sub-grantee to assign its rights or obligations or subcontract performance obligations without this prior written consent will be void and, at Denver's option, automatically terminates this Agreement. In the event of any unauthorized assignment or any Page 6 of 10 IIUASI-IGA·City of Wheat Ridge subcontracting: (i) the Sub-grantee remains responsible to Denver; and (ii) no contractual relationship exists between the City and such assignee or subcontractor. 12. INDEMNITY. To the extent authorized by law, Sub-grantee 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 a result of any act or omission by Subgrantee, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Agreement. By executing this Agreement containing this indemnity clause, the Sub-grantee does not waive the operation of any law concerning its ability to indemnifY. Nothing herein waives the rights, immunities, limitations, or defenses afforded the parties by the Colorado Governmental Immunity Act, C.R.S. §24-1 0-1 01, et seq. as may be amended from time to time. 13. CONFLICT OF INTEREST. No employee of either party has or may have any personal or beneficial interest whatsoever in the services or property described herein. Subgrantee shall not hire or contract for services with any employee or officer of Denver that would result in any violation ofthe Denver Revised Municipal Code, Chapter 2, Article N, Code of Ethics, or Denver City Charter provisions 1.2.8, 1.2.9, 1.2.12. 14. APPROPRIATIONS. The obligations of the parties under this Agreement or any renewal extend only to monies appropriated for the purpose of this Agreement by the Denver City Council, paid into Denver Treasury, and encumbered for the purposes of this Agreement. By execution of this Agreement, neither party irrevocably pledges present cash reserves for payments in future fiscal years, and this Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of either party. Denver's obligations under this Agreement are further limited to the funds made available pursuant to the Grant Agreement and budget approved by the Urban Area Working Group for fulfilling the purposes of this Agreement. 15. TAXES, CHARGES, AND PENAL TIES. Denver shall not payor be liable for any claimed interest, late charges, fees, taxes orpenalties of any nature, except as required by Denver's Revised Municipal Code. 16. GOVERNING LAW; VENUE. Each term, provision, and condition of this Agreement is subject to the provisions of Colorado law, the Charter of the City and County of Denver and the ordinances, and regulations enacted pursuant thereto. Unless otherwise specified, any general or specific reference to statutes, laws, regulations, charter or code provisions, ordinances, executive orders (including memoranda thereto), or contracts, means statutes, laws, regulations, charter or code provisions, ordinances, and executive orders (including memoranda thereto) and contract as amended or supplemented from time to time and any corresponding provisions of successor statues, laws, regulations, charter or code provisions, ordinances, or Page 7 of10 llUASHGA-City of Wheat Ridge executive orders (including memoranda thereto) and contracts. Venue for any legal action relating to or arising out of this Agreement will be in the District Court of the State of Colorado Second Judicial District. 17. NO THIRD PARTY BENEFICIARY. The enforcement of the terms and conditions of this Agreement, and all rights of action relating to enforcement, are strictly reserved to the parties. Nothing in this Agreement gives or allows any claim or right of action by any person or other entity on this Agreements, including subcontractors, subconsultants, and suppliers. Any person who or other entity other than the parties that receives services or benefits under this Agreement is an incidental beneficiary only. 18. SEVERABILITY. Except for the provisions of this Agreement requiring appropriation of funds, if a court of competent jurisdiction fmds any provision of this Agreement or any portion thereof to be invalid, illegal, or unenforceable, the validity of the remaining portions or provisions will not be affected, if the intent of the parties can be fulfilled. 19. PARAGRAPH HEADINGS. The captions and headings set forth in this Agreement are for convenience of reference only and do neither define nor limit its terms and may not be construed to do so. 20. SURVIVAL OF CERTAIN PROVISIONS. The terms of this Agreement and any exhibits and attachments that by reasonable implication contemplate continued performance, rights, or compliance beyond expiration or termination of this Agreement survive this Agreement and will continue to be enforceable. Without limiting the generality of this provision, Subgrantee's obligations to provide insurance and to indemnifY the City will survive for a period equal to any and all relevant statutes oflimitation, plus the time necessary to fully resolve any claims, matters, or actions begun within that period. 21. LEGAL AUTHORITY. The parties represent and assure that each possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action necessary, to enter into this Agreement. The persons or person signing and executing this Agreement on behalf of a party, represent(s) that he or she is 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. If there is a dispute as to the legal authority of either the Sub-grantee or the person signing this Agreement to enter into this Agreement, at its option, Denver may temporarily suspend or permanently terminate this Agreement or both. Denver will not be obligated to perform any of the provisions of this Agreement after it has suspended or terminated this Agreement as provided in this Agreement. Page 8 of10 II UASI-IOA-City of Wheat Ridge 22. COUNTERPARTS. This Agreement maybe executed in counterparts, each of which when executed and delivered constitutes an original and together constitutes one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and delivered as of the date first above written. ATTEST: By: ====~~~~~~~~-STEPHANIE Y. O'MALLEY, Clerk and Recorder, Ex-Officio Clerk of the City and County of Denver APPROVED AS TO FORM: DAVID R. FINE, City Attorney for the City and County of Denver By: ~~--~--~--------------Assistant City Attorney CITY AND COUNTY OF DENVER: By: ~M~A~Y~O~R----------------RECOMMENDED AND APPROVED: By: ______________________ _ Director, Office of Emergency Management REGISTERED AND COUNTERSIGNED: By: ______ -,-______________ _ Manager of Finance Contract Control No. XC8AIOO By: -:-:c----------Auditor "DENVER" Page 9 ofl0 lIUASJ.lGA-City of Wheat Ridge "b.A;{ ~ _ " City of.. rVWheat~dge ~OLICE DEPARTMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor DiTullio and City Council Randy Young, City Manag~ Daniel Brennan, Police Chief ~ April 17, 2009 Denver Urban Area Security Initiative Intergovernmental Agreement EXECUTIVE SUMMARY The Police Department has participated in the Department of Homeland Security Urban Area Security Initiative (UASI) grants since becoming a member of the Denver UASI working group in 2003. By agreement of all members, UASI grants have passed through the State of Colorado to the City and County of Denver as the grant administrator. The City of Wheat Ridge has benefited significantly from participating in Denver UASI by receiving radio equipment, personal protection equipment and training for no cost. STATEMENT OF ISSUES In the past, the State of Colorado has passed UASI grant funding through to the City and County of Denver pursuant to a master contract agreement that has now expired. The State will now pass UASI grant funding through to Denver, through separate grant awards, to be executed by the State and Denver in the form of a Grant Agreement. Denver and local urban area local governments will continue to cooperate in the purchase of emergency responder equipment, planning, conducting and evaluating exercises and training associated with the Urban Area Homeland Security Strategy, and management and administration associated with the implementation of the overall Urban Security Initiative for the benefit of the entire urban area. The City of Wheat Ridge, Denver, and other urban area jurisdictions have formed the Urban Area Working group to achieve the purposes of the UASI grants. Denver will continue to be responsible for acquiring and procuring necessary training identified by the Urban Area Working Group, which the City of Wheat Ridge is a full voting member. ATTACHMENT 3 Denver Urban Area ScclII'ity Initiative Intergovernmental Agreement April 17.2009 Page :2 By agreeing to this Memorandum of Understanding, the City of Wheat Ridge agrees to: 1. Participate actively in the Urban Area Working Group; 2. Make its personnel, and any supplies or equipment procured with funds from UASI grants, through each Grant Agreement, reasonably available to other participants in the Urban Area Working Group for training and response to Chemical, Biological, Radiological, Nuclear, and Explosive incidents; 3. 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. Submit requests for reimbursement of exercise, training and operational expenses, including overtime costs for personnel, and those costs associated with the increased security measures during designated heightened threat alert levels on forms required by Denver and in accordance with the budget approved by the Urban Area Working Group; 5. Provide all supplemental documentation that may be required by Denver; and 6. Maintain all records that may be required by the terms of the UASI grants and state and federal laws, rules and regulations or by Denver. 7. Comply with all terms of each Grant Agreement, including the requirements ofthe UASI grants. RECOMMENDATION The Police Department recommends City Council approve this resolution and Intergovernmental agreement. DB I vf f T ~Lt.Kt\ OFFICIAL COpy STATE OF COLORADO Routing # 09-00022 Encumbrance #~8HS78717 CFDA# 97.067 GOVERNOR'S OFFICE OF-HOMELAND SECURITY (OHS) URBAN AREA SECURITY INITIATIVE GRANT PROGRAM GRANT AGREEMENT with City and County of Denver TABLE OF CONTENTS I. PARnEs ......................................................................•............................................. ...........•............................................. 2 2. EFFECTIVE DA TE AND NOTICE OF NONLIABILlTY ............................................................................................. .... 2 3. RECITALS .......................................................................................................................................................................... 2 4. DEFINITIONS .................................................................................................................................................................... 2 5. TERM AND EARLY TERMINA TION .................................................................................................... .......................... 3 6. STATEMENT OF WORK .................................................................................................................................................. 3 7. MATCHING FUNDS ......................................................................................................................................................... 3 8. GRANTEE FINANCIAL MANAGEMENT ....................................................................................................................... 4 9. PAYMENTS TO GRANTEE ................................. ............................................................................................................. 4 10. REPORTING AND NOTIFICATION ........................................................ ....................................................................... 5 II. GRA)I.'TEE RECORDS ............................................................... : .................................... .................................................. 5 12. CONFIDENTIAL IlWORMATION-STATE RECORDS ................................................................................................. 6 13. CONFLICT OF INTEREST .............................................................................................................................................. 6 14. REPRESENTATIONS, WARRA!XTlES.AND INSPECnONs ...................................................................................... 7 15. INSURANCE ..................................................................... ............................................................................................... 8 16. DEFAULT-BREACH .................................................................................. ..................................................................... 9 J 7. REMEDIES ................................................................................................................. ...................................................... 9 J 8. NonCES AND REPRESENT A TlVES ............................................................................................................ .............. J 2 19. GOVERNMENTAL IMMUNITy .................................................................................................................................. 12 20. MISCELLANEOUS ........................................................................................................................................................ 12 21. COLORADO SPECIAL PROVISIONS .......................................................................................................................... 15 22. SIGNATURES ....................................... ......................................................................................................................... J 7 23. EXHIBIT A -APPLICABLE LA WS ......................................... ...................................................................................... J 24. EXHIBIT B -STATEMENT OF WORK -GRANT APPLICA nON .......................................................... .................... I I I I .. .. EXHIBIT I A Page J ofl7 ATTACHMENT 4 1. PARTIES THIS GRANT AGREEMENT ("'Grant"') is entered into by and between City and County of Denver ("Grantee"), and the STATE OF COLORADO (the "State") acting by and through the Governor's Office of Homeland Security (the "Office"). 2. EFFECTIVE DATE AND NOTICE OF NONLlABILlTY. This Grant shall nO! be effective or enforceable until approved and signed by the Colorado State Controller or authorized delegate (,'Effective Date"), but shall be effective and enforceable thereafter in accordance with its provisions. The Office shall not be obligated to payor reimburse Grantee for any performance hereunder, including. but not limited to costs or expenses incurred. or be bound by any provision of this Grant prior to The Effective Date; provided. however. that A. Authorized by Funding Authority Pre-award costs for approved bUdget line items in the Exhibit B, which are related to expenses in the Personnel and Management and Administration Solution Areas. incurred on or after October 1.2008. may be submitted for reimbursement as if incurred after the EfTective Date. B. Non-Federal Funds Allor some of the costs or expenses incurred by Grantee prior to the Effective Date which have been or will be paid with non-federal funds may be included as a part of Grantee's non·federal match requirement. set forth herein and in Exhibit B, if such costs or expenses are properly documented as eligible expenses in accordance with Exhibit B. 3. RECITALS A. Authority, Appropriation, And Approval Authority for this Grant arises from CRS §24·32-21 0 I et seq. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment and the required approval, clearance and coordination have been accomplished from and with appropriate agencies. B. Grantee Grantee is an eligible recipient of Grant Funds made available by the Program, as defined below, and awarded by this Grant. C. Purpose and Office's Role The Office administers funds made available for the purpose of enhancing Homeland Security-related prevention, response and recovery capabilities throughout the State. 4. DEFINITIONS The following terms as used herein shall mean and be used, construed, and interpreted as follows: A. Effective Date Effective Date means the date this Grant is effective and enforceable in accordance with §2 above. B. Exhibits The following exhibits are attached hereto and incorporated by reference herein: Exhibit A (Applicable Laws) and Exhibit B (Statement of Work). C. Goods Goods means any physical item produced or manufactured and acquired by Grantee either separately or in conjunction with the Services rendered hereunder that are required by the provisions hereof. D. Grant Funds Grant Funds means the funds available for distribl.ltion by the Office to Grantee for t:se in connection with the Project described in Exhibit B. E. Party or Parties Party or Parties means one or both ofthe Office and Grantee. F. Program Program means the federal or state funding for for this Grant. G. Project Project means the Project described in the Exhibit B. Page 2 of]7 H. Project Budget Project Budget means the Project Budget described in Exhibit B. I. Recipient Recipient meanS any eligible entity to which Grantee provides or assigns equipment or other tangible goods procured by Grantee with funds made available under this Grant. J. Services Services means serviees perfomled or tangible material produced or delivered in completing the Project and in perfonnance of Grantee's other obligations hereunder. K. SubgrantlSubgrantee Subgrant means any award or grant of financial assistance made to any other eligible entity through this grant. Subgrantee means any recipient of a subgrant made by the Grantee pursuant to the Grant. L. Termination Date Termination Dale means the date this Grant terminates as descrihed in §5 below. M. Work Work means the tasks Contractor is required to perfonn in order to fulfill its obligations hereunder. N. Work Product Work Product means software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials. or work product of any type, including drafts, prepared by Grantee in completing the Project and in performance of Grantee's other obligations hereunder. 5. TERM AND EARLY TERMINATION A. Initial Term-Work Commencement The tenm of this Grant shall commence on the later ofth. Effective Date or Februan' 15.2009. and terminate on Mav 31. 2011, unless terminated earlier as provided below. Grantee's obligations under this Grant shall be undertaken and performed in the sequence and manner set forth in Exhibit B (Statement of Work). Perfonmance of this Grant shall commence as soon as practicable after the Effective Date. B. Office's Option to Extend The Office, in its sale discretion and upon written notice to Grantee. may unilaterally extend the term of this Grant for a period of up to three months under the same provisions as the original Grant. This extension shall tenminate at the earlier of either the end ofthe three month period or when a replacement Grant is signed by by the Parties and approved by the State Controller or authorized designee. Any other extension of the term of this Grant requires an amendment made in accordance with §20 below. C. Early Termination This Grant is subject to early tenmination in accordance with §17 and §9 below. 6. STATEMENT OF WORK Grantee shall complete the Project and perform its other obligations as described herein and in Exhibit B. Grantee shall prosecute its obligations hereunder and in Exhibit B with due diligence to completion. The Office, in its sale discretion, but in accordance with limitations imposed by the Office of the State Controller, may change budgetary lines in the Project Budget section of Exhibit B. The Office shall send notice of such changes within 60 days in accordance with §18 below. 7. 1I1A TCHING FUNDS A. Amount Grantee shall provide any required matching funds as provided in the Exhibit B. Grantee shall raise the full amount of matching funds during the term aflhis Grant and shall report to the Office regarding regarding the status of such funds as required in Exhibit B. B. Breacb Grantee's failure to raise matching funds, to keep records, andlor to report may affect its continued participation in the Program under which this Grant operates. In addition, the Office may terminate this Grant under §17 below, if the Office has reasonable evidence that Grantee will be unable to raise such matching funds during the tenn hereof. Page 3 of 17 8. GRANTEE FI!\"ANCIAL MAKAGE1I1El'iT A. Accounts Grantee shall maintain properly segregated accounts of Grant funds, matching funds, and other funds associated with the Project and make those records available to the Office on request. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, in accordance with the Project Budget. B. Project Budget Line Item Adjustments Grantee may adjust individual budget line amounts within th~ Project Budget only by an amendment in accordance with §20; provided however, that Grantee may do so by notifying the Office without an amendment if: i. Budget Lines There are not any transfers to or bet\~'een administration ~~dget ~ines; and ii, 10% Limit The cumulative budgetary line item changes do not cxceed 10% of the total budgeted amount. 9. PAYMENTS TO GRANTEE Grantee shall be paid in the following amounts and manners, subject to return of any unexpended Grant Funds: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the Office shall be $6,091,600.00, as detemnined by the Office from available funds. The Office shall reimburse Grantee for costs approved in the Grant budget, set forth in Exhibit B for the following services performed, reviewed, and accepted; or Goods delivered, inspected and accepted, pursuant to the provisions of this Grant, including without limitation, performance, quality, milestones and completion requirements for payment set forth in Exhibit B, and the Office's inspection and acceptance rights in §14 below. Satisfactory perfomnance under the temns of this Grant shall be a condition precedent to the Office's obligation to reimburse Grantee. The maximum amount of Grant Funds payable as reimbursement under this Grant, and any extension hereof, shall include all Grantee's fees, costs and expenses. B. Payment All payments are subject to the provisions of §17 below. i. Method and Time Grantee periodically shall submit invoices to the Office in the form and manner set forth in the Statement of Work, and attach timesheets, receipts and other requested documentation in the form and manner approved by the Office. Grantee shall submit request for reimbursementslinvoices within 30 days after the end of the period for which payment is requested, and final billings under this Grant shall be received by the Office within 45 days after termination hereof. Untimely requests for payment may be accepted at the sale discretion of the Office. H. Electronic Funds Transfer Payments shall be made by one of the following methods: 0) by mutually agreeable method inclUding in-person pickup, b) electronic funds transfer (EFT) if Grantee provides written EFT instructions to the Office on a form acceptable to the Office. or c) via the U.S. Postal Service or other delivery service with a properly addressed stamped envelope to the address specified by Grantee in the remittance address section of Ex bib it B. iii. Available Funds-Contingency_Termination The Office is prohibited by law from making fiscal commitments beyond the term oftlle State's current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing ayailabiiil)' of State appropriations as provided in §2 of the Colorado Special Provisions, se~ forth below. If federal appropriations or grants fund this Grant in whole or in part. the Omce's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the Office's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated. or otherwise become unavailable to fund this Grant. the Office may immediately temlinate tilis Grant in whole or in part without further liability in accordance with §17 below. Page 4 of 17 iv. Contract Terms The City does not by this agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of the City. v. Erroneous Payments Payments made to Grantee in error for any reas;,:;:i;;c1uding. but not limited to overpayments or improper payments. at the Office's sale discretion, may be recovered from Grantee by deduction from subsequent payment under this Grant or other grants or contracts between the Office and Grantee or by other appropriate methods or collected as a debt due to the Office. C. Unexpended funds i. Return Any Grant Funds paid to Grantee and not expended in connection with this Grant shall be refunded by Grantee to the Office within 15 days of temlination of this Grant. If Grantee receives Grant Funds hereunder during any fiscal year in excess of its spending limit for such fiscal year, Grantee shall refund all excess Grant Funds to the Office within 15 days of the later of (a) the receipt of such Grant Funds or (b) the detenmination of such excess. Unexpended or excess Grant Funds received by Grantee under this Grant shall not be refunded or paid to any part)' other than the Office. ii. De-Obligation Any Grant Funds not required to complete Grantee's obligations hereunder shall be de-obligated. The Office shall send notice of such de-obligation within 60 days in accordance with §18 below. iii. Offset If Grantee fails to return unexpended funds the Office may offset the amount not returned against any other unpaid funds the Office owes Grantee under any other grant, contract, or obligation between the Parties. 10. REPORTING AND NOTIFICATION Reports and analyses required under this section shall be made in accordance with procedures and in such form as prescribed by the Office. A. Performance, Progress, Personnel, and Funds Grantee shall comply with all reporting requirements set forth in Exhibit B. B. Litigation Within 10 days after being served with any pleading related to this Grant or the Project, in a legal action filed with a court or administrative agency, Grantee shall notifY the Office of such action and deliver copies of such pleadings to the Office's principal representative in accordance with §18 below. Ifan Office principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of the Office. C. Noncompliance Grantee's failure to provide reports and notifY the Office in a timely manner in accordance with this section may result in the delay of payment of funds andlor tenmination under §17 of this Grant. ll. GR4.NTEE ru:CORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall maintain a complete file of all records, documents, communications, notes and other wrillen materials, electronic media files, and communications, pertaining in any manner to the Project or the deliyery of SerYlces (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention Period) until the last to occur of the following i. a period of four years after tile date this Grant is completed or tenninated, or ii. final payment is made hereunder, whichever is later, or iii. for such further period as may be necessary to resolve any pending matters, or iY. if an audit is occuring. or Grantee has received notice that an audit is pending. then until such audit has been completed and its findings have been resolved B. Inspection Page 5 of 17 Grantee shall permit the State. the federal government or any other duly aUlllOrized agent of a governmental agency to audit, inspect, examine, excerpt, cOP: and/or transcribe Giantee's records related to this Grant during the Records Retention Period 10 assure compliance with the terms hereof or to evaluate Grantee's perfonnance. The Office reserves the right 10 inspect the Project at all reasonable times and places during the term of this Grant, including any extension. If tile Project does not conform to Grant requirements, the Office may require Grantee promptly to bring the Project into conformity with Grant requirements, at Grantee's sole expense. If the Project cannot be brought intc conformance by reperfonnance or other corrective measures, the Oftice may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at Jawor inequity in lieu of or in conjunction with the preceding measure. C. Monitoring Monitoring Grantee also shall permit the State. the federal government or any other duly authorized agent of a governmental agency, in the sole discretion of such governmental agency. to monitor all activities conducted by Grantee pursuant to this Grant, using any reasonable procedure, at the discretion of such governmental agency, including" but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, and formal audit examinations. All such monitoring shall be performed in a manner which will not unduly interfere with Grantee's performance hereunder. D. Final Audit Report If an audit is performed on Grantee's records for any fiscal year covering a ponion of the term of this Grant, Grantee shall submit one copy of the final audit report to the Office's principal representative at the address specified in §18 below. 12. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee acknowledges that it may become privy to confidential information in connection with its its performance hereunder, including but not limited to State records, personnel records, and information concerning individuals ("Confidential Information"). The following applies if Grantee receives confidential information: A. Confidentiality Grantee shall keep all Confidential Information confidential at all times and comply with all laws and regulations concerning confidentiality of information to the same extent applicable to the Office. Any request or demand for information in the possession of Grantee made by a third part) shall be forwarded immediately to the Office's principal representative for resolution. B. Notification Grantee shall notilY each of its agents, employees, sub-grantees, subcontractors and assigns (each a "Related Party") who may come into contact with Confidential Information that such party is subject to the confidentiality requirements set forth herein, and shall provide each Related Party with a written explanation of such requirements before permitting such party to access any information of the Office. C. Use, Security, and Retention No Confidential Information ofany kind shall be distributed or sold to any third party or used by Grantee or a Related Party in any way, except as authorized by this Grant and as approved by the Office. Grantee shall provide and maintain a secure environment that ensures conlidentiality of all State records and other Confidential Information wherever located. Confidential Infonnation shall not be retained in any files or otherwise by Grantee or a Related Party, except as set forth in this Grant and approved by the Office. D. Disclosure-Liability Disclosure of State records or other Confidential Information by Grdntee or a Related Party for any reason may be cause for legal action against Grantee or such Related Pany by the State or third parties and defense of any such action shall be Grantee's sole responsibility. 13. CONFLICT OF INTEREST A. Definition and Appearance Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance ofa conflict of interest is harmful to the Office's interests. Absent the Office's prior written approval, Grantee shall refrain from any practices, activities or relationships which reasonably appear to be in conDict with the full performance of Grantee's Page 6 of 17 obligations Ie the Office hereunder. Grantee shall compl.y with the provisions ofCRS §lg-g-308 and §24-18-101-109. B. Specific Prohibitions Grantee's and sub-grantee's respective officers, employees. or agems shall neither solicit nor accept gratuities, favors, or anything of monetary value from Grantees potential subgrantees, or panies to subcontracts. Grantec's employees, officers, agents or any permitted sub-grantees shall not panicipate in the selection, award, or administration ofthis Grant or any sub·grant or sub-contract, if an actual or apparent conflict ofimerest would occur. Such a conflict would arise when any of the following has a financial or other interest in the finn selected for award: i. an employee, officer, agent or board member; ii. any mem)er of the employee's immediate family; iii. an employee's partner: or j'v. an organization, which employs, or is about to employ, any of the aforementioned. C. Determination by Office -Default ..... -.... .... __ . If Gran!ee is uncertain as to the existence of a conflict of interest, Grantee shall submit to the Office a disclosure statement setting forth the relevant details for the Office's consideration. Failure to promptly submit a disclosure statement or to follow the Office's direction in regard to the apparent conflict shall be considered a material default of this Grant and grounds for termination under §17 below. D. Code of Performance Grantee, and sub-grantees and subcontractors, if any, shall maintain a written code of standards governing the performance of their respective employees, agents, and contractors engaged in the award and administration of this Grant, or subcontract or subgrant, if any. Grantee shall provide a copy of such code to the Office within 10 days of the Office's written request therefore. 14. REPRESENTATIONS, WARRANTIES, AND INSPECTIONS The Parties make the following specific representations and warranties to each other, upon which each is relying in entering into this Grant. A. Standard and Manner Of Performance Grantee shall perform its Obligations hereunder, including in accordance with the highest professional standard of care, skill and diligence. Grantee shall perfoml its obligations hereunder in the sequence and manner set forth in Exhibit B. B. Compliance ",ilb Law and Policies Grantee warrants that it will at all times strictly adhere to, and comply with, all applicable Federal and Colorado State laws, and their implementing regulations, as they currently exist and may hereafter be amended, which laws and regulations are incorporated herein by this reference as tenns and conditions of this contract. C. Inspection and Verification The Office reser,es the right to inspect and monitor Grantee's performance hereunder at all reasonable times and places to verity that they conform to the requirements of Exhibit B.lfGrantee's perfonnance does not conform to Grant requirements, the Office may require Grantee promptly to bring its performance into conformity with Grant requirements, at Grantee's sole expense. If the Project cannot be brought into conformance by corrective measures, the Office may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant. at law or in equity in lieu afar in conjunction vdth the preceding measure, D. Legal Authority-Grantee and Grantees Signatory Grantee warrants that it p0ssesses !he legal authority to enter into this Grant and has taken aJI action~ required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to iawfuily authorize its undersigned signatory to execute this Grant and to hind Grantee 10 its ternlS. The persoll signing and executing this Grant on behalf of Grantee hereby represents and warrants and guarantees that they have full aul~orization to do so.lfrequested by the Office, Grantee shall provide the Office the basis for Grantee's authority to enter into this Grant within 15 days of receiving sllch request. E. Licenses, Permits, Etc. Grantee represents and warrants that as ofthe Effective Date it has, and that at all times during the tenn hereof it will have, at its sole expense, all licenses, certifications, approval, insurance. penni!s, and other authorization required by law to perform its obligations hereunder. Additionally, all employees of Grantee Page 7 of 17 perfonnipg services under this Gram shall hold the required licenses or certifications. if any, to perform their duties. Grantee. if a foreign corporation or other entity transacling business in the State of Colorado. further certifies that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation. withdrawal or non-renewal of licenses. certifications, approvals, ... insurance, permits or any such similar requirements necessary for Grantee to properly perform this Gram, shall be deemed to be a default by Grantee and grounds for termination under §17 below. F. Breach If the Grantee breaches any of its representations or warranties, the Office may require Grantee to promptly perform its obligations again in conformity with Grant requirements, at no additional cost to the Omce. If such breaches cannot be, or are not cured, the Office may, in addition to any other remedies provided for in this Grant. require Grantee to take necessary action to ensure that future perfonnance L:onforms to the provisions of this Gram; and equitably reduce the payment due to Grantee to reflect the reduced value of the Project. Any reduction, deJay or denial ofpaymem under this provision shall no: constitute a breach of Grant orderaul! by the Office. 15. INSURANCE Grantee shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Govemmentallmmunity Act, CRS §24-l 0-1 01, et seq., as amended the (Colorado Governmental Immunity Act"), (CGIA) then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the CGIA. Grantee shall show proof of such insurance satisfactory to the Office, if requested by the Office. Grantee shall require any subcontractors of the Grantee, providing Goods or Services in connection with this Grant, to include the insurance requirements necessary to meet the Grantees liabilities under the CGIA. it Non-Public Entities If Grantee is not a "public entity" within the meaning of the CGIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the requirements set forth in subsection B Oflhis section. B. Subcontactors Grantee shall require each contract with a subcontractor, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements in compliance with the Grantee's internal procurement insurance requirement policies and practices or require those substantially similar to the following: i. Worker'S Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all subcontractor employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10193 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanKet contractual liability, personal injury, and advertising liability with minimum limits as follows: a) $1,000,000 each occurrence; b) $1,000,000 general aggregate; c) $1,000,000 products and completed operations aggregate; and d) $50,000 anyone fire. If any aggregate limit is reduced below $] ,000,000 because of claims made or paid, sub-grantee or subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactol)' to Grantee showing compliance with this provision. Page 8 of 17 iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit 01"$1,000,000 each accident combined single limit. il'. Additior .• llnsured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automotile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operalions on endorsements CG 2010 11/85, CG 2037, or equivalent). ". Primacy of CO"erage Coverage required of the subgrantee or subcontractor shall be primary over an) insurance or selfinsurance program carried by Grantee or the Slate. yi. Cancellation The above insuz-ance policies shall include provisions preventing cancellation or non-renewal without al least 45 days prior notice to the Grantee and the State by certified mail. vii. Subrogation Waiver All insurance policies in any way related to the Grant and secured and maintained by Grantee's subcontractors as required herein shall include clauses stating that each canier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Each of Grantee's subcontractors shall provide certificates showing insurance coverage required hereunder to Grantee within seven business days of the Effective Date, but in no event later than the commencement of the Services or delivery of the Goods. No later than 15 days prior to the expiration date of any such coverage, each subcontractor shall provide certificates of insurance to the Grantee evidencing renewals. There afier, upon request or at any time during the tenn of the a subcontract, the Grantor may request in writing from the grantee, and the subcontractor shall thereupon within 10 days supply to Grantee, evidence satisfactory insurance to the Grantee and the Office of Compliance with the provisions of this section. 16. DEFAULT-BREACH A. Defined Defined In addition to any breaches or defaults specified in other sections of this Grant, including, but not limited to those in §17 below herein, the failure of either Party to perfonn any of its material obligations hereunder in whole or in part or in a timely or saiisfaclOl)' manner, constitutes a default or breach. The institution of proceedings under any bankruptcy, insolvency. reorganization or similar legislation, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof; shall also constitute a default. B. Notice and Cure Period In the event of a default or breach. notice of such shall be given in writing by the aggrieved Parry to the other Party in the manner provided in §I8 below. If such default or breach is not cured within 30 days of receipt of written notice or. ira cure cannot be completed within 30 days, cure of the default or breach has not begun within said period and pursued with due diligence, the aggrieved Part)' may terminate this Grant by providing written notice thereof, as provided for in §18 below specifying the effective date of the termination. Notwithstanding anything to the contrary herein~ the Office, in its sole discretion. need not piOyide advance notice or a cure period and may immediately tenninate this Grant in \\-'/101e or in p~!1 jf reasonahiy neces.s~lfy to prc3c,-,e public sc.!""ety or to prevent immediate public crisis. 17. REMEDIES IrGrantee is in default or breach under any provision of this Grant. the Office shall have all of the remedies listed in this section in addition to all olher remedies set forth in olher sections of this Grant The Office may exercise any or all of the remedies available to it, in its sole discretion. concurrently or consecutively. A. Termination for Cause and/or Default If Grantee fails to perfonn any of its obligations hereunder with such diligence as is required 10 ensure its completion in accordance with the provisions of this Grant and in a timely manner, the Office may nOlify Grantee of such non-perfonnance in accordance with §16 above and §I8 below. If Grantee thereafter fails Page 90fl7 to promptly cure such non-performance within the cure period. the Office. at its option, may terminate this entile Grant or such part of this Grant as to which there has been dei,:, or a faiiure to properly perfonn. Exercise by the Office of this right shall not be deemed a breach of its obligations hereunder. Page 10 ofJ7 Grantee shall continue performance of this Grant to the extent not terminated. ifany. i. Obligations and Rights To the extent specified in the tennination notice. Grantee shall not incur further obligations or render further p~rfomlance hereunder past the effective date of sllch notice. and shall also terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliwr to the Office all Services and Goods not cancelled by the termination notice and may incur obligati01s as are necessary to do so within the Grant terms.]n the sale discretion of the Office, Grantee shall assign to the Office all of Grantee's right, title, and int",rest under such terminate4.-. orders Or subcontracts. Upon termination, Grantee"shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the Office has an interest. All materials owned by the Office in the possession of Grantee shall be immediately returned to the Office. In the ~~oIe discretbn of the Office. Grantee shaH assign to the Office an ofGianlee's right, title, and interest under such tenninatcd orders or subcontracts. All Work Product. at the option of the Office, shall be delivered by Grantee to the Office and shall become the Office" 5 propen). ii. Payments The Office shall reimburse Grantee only for accepted Services and Goods received up to the date of termination. If, afier tennination by the Office, it is determined that Grantee was not in default or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described in §I7 below. iii" Damages and Withholding Notwithstanding any other remedial action by the Office, Grantee also shall remain liable to the Office for any damages sustained by the Office by virtue of any default under this section by Grantee and the Office may withhold any payment to Grantee for the purpose of mitigating the Office's damages, until such_time as the exact amount-ofdamagerdue to the Office from Grantee is determined. Further, the Office may withhold amounts due to Grantee as theOffice deems necessary to protect the Office against loss because of outstanding liens or claims of fanner lien holders and to reimburse the Office for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the Office in procuring from third parties replacement Services or substitute Goods as cover. B. Early Termination for tbe Puhlic Interest The Office is entering into this Grant for the purpose of canry ing out the public policy of the State of Colorado, as detennined by its Governor, General Assembly, and Courts. If this Grant ceases to further the public policy ofthe State, the Office, in its sole discretion, may tenninate this Grant in whole or in part. Exercise by the Office of this right shall not be deemed a breach of the Office's obligations hereunder. This subsection shall not apply to a tennination of this Grant by the Office for cause or default by Grantee, which shall be governed by §I7 above. j, Method and Content The Office shall notilY Grantee of the tennination in accordance with §16 above and §I8 below, specifYing the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with §17 above. iii. Payments If this Grant is terminated by the Office in furtherance of the public interest of the State of Colorado, Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily perfonned or the Goods satisfactorily delivered or installed bear TO the total Services and Goods covered by this Grant, less payments previously made. Additionally, if the Grant is less than 60% completed, the Office may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Invoh"ing Termination The Office, its sale discretion, may exercise one Of more of the following remedies in addition to other remedies available to the Office: Page II ofl7 i. Suspend Performance Suspend Grantee's perfornlance with respect to all or any portion ofthis Grant pending. necessar: corrective action as specified by the Office without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the Office's directive and the Office shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withold Payment Withhold payment to Grantee until corrections in services are satisfactorily completed and lor acceptable goods are provided. _ iii. Deny Pnymen! Deny payment for those Services not perfonned and/or Goods not provided and which due to circumstances caused by the Grantee ':an:Iot be performed or provided or. if perfonned or provided, would be of no value to the Office: provided, that any denial of payment shali be reasonably relaled to the value of work, performance or Goods lost to the Office. iv, Remo,'al Demand removal of any of Grantee's employees, agents, or subcontractors whom the Office deems incompetent, careless, insubordinate, unsuitable. or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the Office's best interest. Replacement of any key personnel hereunder shall be done in accordance with the relevant provisions of Exhibit B. 18. NOTICES AND REPRESENTATNES Each individual identified below is the principal representatives of the designating Party, All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Pan)" s principal representative at the address set forth below. In addition to, but not in lieu of, hard-copy notice, notice also may be sent bye-mail to the e-mail addresses, if any, set forth below, Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, herein, all notices shall be effective upon receipt. A. Office: Mason C. \\'hitDey; Executive Director Governor's Office of Homeland Security 9195 E. Mineral Ave., Ste 200 Centennial; CO 80112 Email: mason.whitnev{@state.co.us B. Grantee: Dan Alexander City and County of Denver 201 West Colfax Dept 908 Dem'er, CO 80202 Dan,alexander@ci.denver.co.us 19, GOVE&"1MENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, §CRS 24-J 0-1 0 I. et seq .. as amended. Liability for claims for injuries to persons or propen;arising from the negligence of the State ofC(\lor~do~ its departments, institutions, agencies, boards, officials. and employees is controlled and limited by the provisions of the Govcmmelllal rmmunity Act and the risk management statutes, CRS §24-30-1501, et seq., a' amended. 20, MISCELLANEOUS A. Assignment Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted, without the prior, written consent of the State, Any attempt at assignment, transfer, subcontracting without such consent shall be void, All assignments, subcontracts/subcontractors approved Page 12 of 17 hy Grantee M the State shall be subject to the prol';sions hereof. Grantee shali be soiel,' responsible for all aspects of SUJCont;'..icting arrangements and performance. B. Binding Effect Unless olllen"ise provided herein. all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives. successors, and assigns. C. Captions-The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret. define, or limit its pro"isions, D, Counterparts This .Agreemc"nt may be executed in multiple identical original coumerpans. all of ~ hich shall COllStitute (lne agreement L Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior r.enr~esentations and understandings, oral or wrinen, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. F, .. ,Lurisdiction and Vcnue_ AI! suits, actions, or proceedings related to this Agreement shal! be held in the 5tate of Colorado and the Parties herby agree that venue shall be proper in the City and County of Denver. G. Modification i. By tbe Parties Except as specifically provided in this Agreement. no modification of this Agreement shall be effective unless agreed to in writing by both parties in an amendment to this Agreement, properly executed and approved in accordance with Colorado State law and State Fiscal Rules, ii. By Operation of Law This Agreement is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. A..~y such required modification automatically shall be incorporated into and be part of this Agreement on the effective date of such change, as if fuJly set forth herein, H. Order of Precedence The provisions of this Agreement shall govern the relationship of the State and Grantee. In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts Or inconsistencies sllal! be resolved by reference to the documents in the following order of prior it)': i. Colorado Special Provisions; ii. Remaining pages of the Agreement; iii. Exhibit A; iv. Exhibit B; v. Additional Guidance issued by the State or Office. I. Severability Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision '[hat is declared invalid or becomes inoperable for an)' reason shall not affect the validi:y of any other provision hereof. J. Survival of CerIa in Agreement Terms kotwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, conpliance, or effect after tennination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perfonn or comply as required, K. Third Party Beneficiaries Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. and not to any third part)', Any services or benefits which third parties receive as a result Oflhis Page 13 of17 Agreement are incidental to the Agreement, and do not create any rights for such third panies. 1.. \Va;,.er Waiver of any breach ofa tenn. provision, or reguiremem of this Agreement or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such tenn, provision or requirement, or of any other tenn, provision, or requirement. THE REMAINDER OF THIS PAGE ll'OTENTIONALLY LEFT BLANK Page14ofl7 thN'.,,, .... hp \§ "'iME ! e i -3 21. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Contracts except where noted in italics. A. 1. CONTROLLER'S APPROVAL. CRS §2-1-30-202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. n. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). d% ",h e financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted. and otherwise made available. C. 3. INDEMNIFICATroN. Contraeto:-shall iRaeB:mif:', sa' f:'. RFJ3 held hanr.l€s:: l~i': Siate, its ew.p!eyees and agcirs, adaiRsl afl:_ and aU claims. aamage3. liallility a",l 0 •• 11 award; iReluding Z8Gl:, e"J'leRses, aRG attarney fee: aRa related 09st3, iAe""",€ as a Fe5t1lt afaA:' a£t 9' offiissiop. 9)' Cemrae/er, or its effi~lo)'ees, ageAts, 5HbeeAtraetG~5, sr assigBees j3>lFSHam \9 tHe tefflls sf this e8Rlrae!. [Applicable Only to Intergovernmemal Contracts] No term or condition of this contract shall be construed Or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Govemmentallmmunity Act, CRS §24-ID-IOI et seq., or the federal Tort Claims Act, 28 U,S,C, 2671 et seq., as applicable, as now or hereafter amended. To the extent authorized 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 and related costs, incurred as a result ofany act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. The Contractor, by execution of this contract containing this indemnification clause, does not waive the operation of any law concerning the parties' ability to indemnifY. D. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee ofthe state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor andlts employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. E. 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federalla\\'s respecting discrimination and unfair employment practices. F. 6. CHOICE OF LAW. The laws of the Stale of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the inrerpretation. execution, and enforcement of this contract. Any provision ofth!s contract. whether or not incorporated hereic. 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 considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate ulis 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 of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the perfonnance of this contract. Contractor shall strictly adhere to all applicable federal and Slate laws, nIles, and regulations that have been or may hereafter be established. Page 15 of 17 G. 7. \TNDOR OFFSET. CRS §§:l4-30-202 (1) and 24-30-202.4. I .~·ot Applicable /0 lntergovernmelllal Agreements]. The State Controller may wi:hholc. payment of cenain debts owed to State agencies under the State's vendor offset intercept system for: (a) unpaid child suppon debts or child suppon arrearages; (b) unpaid balances of tax. accrued interest, or other charges specified in CRS §39-21 ·101. el. seq.: (e) unpaid loans due to the Student Loan Division "fthe Office of Higher Education: (d) amounts required to be paid to the Unemployment Compensation Fund; aIld (e) other unpaid debts cenified by the State Controller as owing to the State as a result of final agency determination or judicial action. H. 8. SOFTWARE PIRACY PROHIBITION. Governors Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenallce of computer software in viola:ion of federal copyright laws or applicable licensing restrictions. Contractor hereby cenifies that. for the term of this contract and any extensions, Contractor has in place appropriate systems und controls to prevent such improper use of public funds. If tile State determines that Contractor is in violation of this paragmph, the State may exercise any remedy available at law or equity or under this commCI, including, without [imitation, immediate termination of this contract and any remedy consistent with federdl copyright Jaws or applicable licensing restrictions. I. 9. EMPLOYEE FINANCIAL INTEREST. CRS §24-180201 aud §24-50-S07. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract J. lO.PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-IOl. [Not Applicable to agreements relating to the offer. issuance, or sale of securities, im'estment advisory services or fund management services, sponsored projects, intergovernmental agmemenrs. or information technology services or products and and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Office program established pursuant to CRS §8-17.5-I 02(5){ c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contmct with a subconrractorthat fails to certify to Contractor that the subcontractor shall not knowingly employ Or contract with an illegal alien to perfonn work under this contract, Contractor (a) shaJJ not use E-Verify Program or Office program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall tenninate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and Cd) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-I 02(5), by the Colorado Office of Labor and Employment. If Contractor participates in the Office program, Contractor shall deliver to the contracting State agency, institution of higher education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and comply with all of the other requirements of the Office program. If Contractor fails to comply with any requirement Oftllis provision or CRS §8-17.5-101 et seq .. the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and. ifso temlinated, Contractor shall be liable for damages. !\:. 1 J .PUBLIC CONTR4.CTS WITH !>ATCRAL PERSONS. CRS §24-76.5-l01. C ontraclOr, if a natural person eighteen (18) years of age or older. hereby swears and affirms under penalty of petjury that he or she (a) is a citizen or o'therwise lawfully present in the United States pursuant 10 federal law, (b) shall comply with the provisions ofCRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-1 03 prior to the effective date of this contract. Page 16 of17 22. SIGNATURES THE PARTIES HERETO HAVE EXECUTED THlS GRAKT • I'crsons signing ror Grantf't hereby swear and affirm that they are Huthori7.ed to act on Gr:lnlrc's behalf and ad.:no\\ ledge thaI the State is rel)'ing on their representations to that effect. GRANTEE City and County Denver By; Dan Alexander IT itle: Director, Offi..:e (,[Emergency Management and HOC1el3nd Seo",;I) Date: 2nd Grantee Signature if Needed By: Name of Authorized Individual Title: Official Title of Authorized Indi\·jdual ·Signature Date: ___________ _ STATE OF COLORADO Bill Ritter, Jr. Go\TJUWR Governor's Office of f-lomel and Security MasHI C. Whitney. Dlre:IOT Dale: __________ _ LEGAL REVIEW John \or. Suthers, Attorney General By:_--,:-:-________ --,::-_.,-__ Signature. Assistant Attorney General Da'e: _________ _ ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24·30~202 requires the State Controller to approve all State Grants. This Grant is not nlid until signed and dated belo" by the State Controller or delegate. Grantee is not authorized to begin performancf' until such time. If Grantee begins performing prior thereto, the State of Colorado is not Obligated to pay Grantee for such performance or for any goods andlor serl'ices pro\·jded hereunder. STATE CONTROLLER Da\'id J. J\.·lcDermott, CPA By: ____________________ _ D3te: _________ _ Page 17 of17 1 ATTEST: /-.' . By: /./·/i:,//1~,,?'~,--c:. "./).~. ~-t L : ' stEPHA'NIE y. 0' ALLEY, ClerU-an.d . . . Recorder, Ex-Officio Clerk of the City and . 0 R Routing #()9-00022 CFDA#97.067 #22. Signatures -confd. County of Denver .,,-.:..-:~.::---APPROVED AS TO FORM: DAVID R. FINE, City Attorney for the City and County of Denver '-::,~" OVED: REGISTERED AND COUNTERSIGNED: /'/J" I 'l;:: By: ~ r' I.......J.....: Manager of Finance Contract Control No.GC93002 (}E. ;A 11~!l. r/f By: jt((dWo Vl.i ,{''; W4 A·~-AudItor /'. /;' r I " j ~, /Page 178 of 17 23. EXHIBIT A -APPLICABLE LA WS Federal laws and regulations incorporated into this Contract include, without limitation: I. Age Discrimimtioll I>,.ct of 1975,42 U.S.c. Sections 6101, et seq. 2. Age Discrimination in Employment Act of 1967,29 U.S,C. 621-634 3. Americans with Disabilities Act of 1990 (ADA), 42 U.s.c. 12101. et seq, 4. Equal Pay Act Df 1963,29 U.S.C, 206(d) 5. Immigration Reform and Control Act of 1986,8 U.s.c. 1324b 6. Section 504 of the Rehabilitation Act of 1973, 29 U.S,c. 794 7. Title VI of the Civil Rights Act of 1964, 42 V.S.c. 2000d 8. Title Vll of the Civil Rights Act of 1964.42 U.s.C. 2000c 9. Title IX of the Education Amendment of! 972,20 USc. 1681. et seq. 10. Section 24-34-302. ct seq., Coloraoo Revised Statutes 1997. as amended J I. The applicable of the following: 11.1. Cost Principals for State, Local and Indian Tribal Governments, 2 CFR 225, (OMB Circular A-S7): 11,2, Cost Principals for Education Institutions, 2 C.F.R. 220, (OMB Circular A-21); 113-. COSt Principals for Non-Profit Organizations, 2 C,F,R, 230. (OMB Circular A-122). and 11.4, Audits of States, Local Governments. and Non-Profit Organizations (OMB Circular A-I33); 2nd'or the Colorado Local Government Audit Law, CRS §29-1-60I, et seq, and implementing rules and regulations. 11,5, Immigration Status -Cooperation with Federal Officials, CRS 29-29-101, et seq, 11.6, Davis-Bacon Act, 40 U.S.c. SS 276a to 276a-7, J 1.7. Copeland Act, 40 U,S,C. S276c and 18 U.S,C, SS 874. 11,8, Contract Work Hours and Safety Standards Act, 40 U,S.c. SS 327-333, regarding labor standards for federally assisted construction sub-awards. 11.9. Wild and Scenic Rivers Act of 1968, 16 U.S.C, SS 1271 et. Seq., related to protecting components or potential components of the national wild and scenic rivers system. 11.1 0, National Historic Preservation Act of 1966, as amended, 16 U,S.C, 470, Executive Order No. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974, 16 U.S,c. 469a-l l et. Seq, 11.11. Stafford Disaster Assistance and Emergency Relief Act 42 U,S,C. 5121 et seq., as amended. 11.12, National Flood Insurance Act of 1968,42 U,S,C, 40D 1 eL Seq, 11.13. Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC 104, 11.14. Office of Defense Authorization Act of 1986, Title 14, Part B, Section 1412, 50 U.s.C. 1521. Il.I5. USA PATRIOT Act of2001, (Pub. L. 107-56), 11.16, Digital Television Transition and Public Safety Act of2005, (Pub L. 109-171) 12. Federal Emergency Management Agency, Office of Homeland Security Regulations: All Applicable Portions of 44 CFR Chapter I, with the following Parts specially noted and applicable to all grants of FEMAlDHS funds: 12,) Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 44 C.F.R. 13, 12.2 Govemmentwide Debarment and Suspension (Nonprocurement) and Requirements for Drug-Free Workplace. 44 C.F .R. 17. 12,3 New ReHrictions on Lobbying, 44 C.F,R. 18. 13. Pri"acy Actc ofl974. 5 U.s.C. S 5529 and Regulations adopted thereunder (44 C.F.R, 6). 14, Prohibition against use of Federal Funds for Lobbying. 31 U.s.c. 1352 15. NODe of the funds made ,,,ailable through this agreement shall be used in contral'ention of the Federal buildings performance and reporting requirements of Executive Order No. 13123, pan 3 of title V ortbe National Energy Conservation Policy Act, 42 U.S,C. 8251 et. Seq., or subtitle A of title I of tile Energy Policy Act of2005 (including the amendments made thereby). 16. None of the funds made available shall be used in contravention of section 303 of the Energy Policy Act of 1992,42 U.S,C, 13212, 17. Buy American Act, 41 V.S.c. lOa et seq, 18, Relevant federal and State Grant Program Guidance Page 1 ofl-Exhibit A-Applicable Laws A ward # 9gH S78717 24. EXHIBIT B -STATEMENT OF WORK -GRA.l\'T API'LICA TION 1. DELHTR4.BLES: 1.1. Quarterly Financial Status and Progress Reports. The project(s) ap?roved in this Grant are to be completed on or before the tennination dale stated in §5 of the Grant Agreement. Grantee shall submit quarterly financial status and programmaric progress reports for each project identified in this agreement using the fom]s provided hy the omce. Two copies with original signatures shall be submined in accordance with the schedule below: Report Period Due Date January -March April 30 April-June July 30 Julv -September October 30 October -December Januar·" 30 1.2. Final Reports: Grantee shall submit a final financial status and progress report that ... provides final financial reconciliation and a final cumulative grant/project accomplishments report within 45 days of the end of the project/grant perioq. Obligations offunds may remain on the final report. The final reports may substitute for the quarterly reports for the final quarter of the grant period.lfall projects are completed before the end of the grant period, the final report may be submitted at any time before its final due date. Further reports are not due after the Office has received, and sent notice of acceptance of the final grant report. 1.3. Non-Federal Match: This non-federal match section [check one] 0 applies to or does not apply [8l to this Grant. If it applies, this Grant requires a non-federal match contribution ofN/A of part of the total Grant budget. Documentation of expenditures for the non-federal match contribution is required with each drawdown request. The match [cheCK one] {gJ mayor may not 0 include in-kind match. 1.4. Other Deliverables: N/A. 2. PERSONNEL: 2.1. Key Personnel 2.1.1. Responsible Administrator. Grantee's perfonnance hereunder shall be under the direct supervision of Dun Alexander, an employee or agent of Grantee, who is hereby designated as the responsible administrator of this project. 2.1.2. Replacement. Grantee shall immediately notifY the Office if any key personnel cease to serve. Provided there is a good-faith reason for the change, ifGmntee wishes to replace its key personnel, it shall notifY the Office and seek its approval, which shall be al Ihe Office's sole discretion. as the Office issued this Grant in part reliance on Grantee's representations regarding Key Personnel. Such notice shaH specifY why the change is necessary, who the proposed replacement i" "hat hislher qualifications are, and when the change will take effect. Anylime key personnel cease to serve, the Office, in its sale discretion, may direct Grantee to suspend work on the Project until such time as replacements are approved. All notices sent under this subsection shall be sent in accordance with §18 of the Grant. Page I of j 3 -Exhibit B -Stalement of Work -Grant ApplicaTion 3. TESTING AND ACCEPTANCE CRITERIA: 3.1. The Office shall evaluate this Project(s) through the review of Grantee submitled fi[ancial and progress reports. The Office may also conduct on-site monitoring to delenmine whether the Grantee is meeting!met the perfoJT11ance goals. administrative standards, financial management and other requirements of this grant. The Office will notify Grantee in advance of such on-site monitoring. 4. PAYMENT: 4.1. Payment Scbedule: Grantee sha!~ submit requesl; for reimbursement using the Office provided fonn at least quarterly. Two original signed copies of the reimbursement requests are due on the same dales as L1e required financial repons. All requests shall be for eligible actual expenses incurred by Grantee, as described in detail in §1 of this Exhibit. Requests shall be accompanied by supporting documentation totaling at least the amount requested for reimbursement and any required non-federal match contribution. If any financial or progress reports are delinquent at the time of a payment request, the Office may withhold such reimbursement until the required reports have been submitted. 4.2. Payment Amount: lfnon-federal match is required, such match shall be documented with every payment request. Excess match documented and submitted with one reimbursement request shall be applied to subsequent requests as necessary to maximize the allowable reimbursement. 4.3. Remittance Address. If mailed, payments shall be remitted to the following address unless changed in accordance with §18 of the Grant: .... " City and County of Denver 20J West Colfax Dept 908 Denver. CO 80202 5. ADMINISTRATIVE REQUIREI\1ENTS: 5.1. Required Documentation: Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are allowable and appropriate as detailed below: 5.1.1. Equipment or tangible goods. Requests for reimbursement for tangible personal property with a purchase price ofless than $5,000 per item shall include the invoice number, description of item purchased (e.g. radios), and the location and number of items. For equipment items with a purchase price of or exceeding $5,000, and a useful life of more than One year, the Grantee shall provide a copy of the invoice and include a unique identifying number. This number can be the manufacturer's serial number or, if the Grantee has its own existing inventory numbering system, that number may be used. The location of the equipment shall also be provided. In addition to ongoing tracking requirements. Grantee shall ensure that equipment with per unit cost of $5,000 or more are prominently marked in a manner similar to the following: Purchased with funds provided bo' the U.S. Department of Home!and Security andlor FEMA as appropriate. 5.1.2. Services. Grantees shall include contract/purchase order number(s) or employee names, the date(s) rhe services were provided and the nature of the sen·ices. Grantees shan retain all procurement and payment documentation on site for inspection. This shall include, but not be limited to, to, purchase orders, receiving documents. invoices, vouchers, equipmcntlservices identification, and time and elTort reports. 5.2. Procurement: A Grantee shall ensure its procurement policies meet or exceed local, state. and federal requirements. Grantees should refer to local, state, and federal Page 2 of 13 -Exhibit B -Statement of Work -Grant Application guidance prior to making decisions regarding competitive bids, sole source or other procurement issues. In addition: 5.2.1. Any sale source transaction in excess of $100,000 shall be approved in advance by the Offi ceo 5.2.2. Grantees shall ensure that: (a) All procurement transactions, whether negotiated or competitively bid, and without regard to dollar value, are conducted in a manner that provides maximum open and free competition; (b) Grantee shall be alen to organizational conflicts ofimerest andlor non-competitive practices among contractors that mol' restrict or eliminate competition or otherwise restrain trade: (0) Contractors v.:ho develop or draft specifications, requirements. statements of work, andlor Requests for Proposals (RFPs) for a proposed procurement shall be excluded fi~om bidding or submitting a proposal to compete for the award of such procurement; and (d) Any request for exemption of item a-c within this subsection shall be submitted in writing to, and be approved by the authorized Grantee official. 5.2_3. Grantee shall verilY that the Contractor is not debarred from participation in state and federal programs. SUb-grantees should review contractor debannent information on http://www.epls.gov. 5.2.4. When issuing requests for proposals, bid solicitations, and other published documents describing projects or programs funded in whole or in part with these grant funds, Grantee and Subrantees shall: (a) state the percentage of the total cost of the program or project which will be financed with grant money; (b) state the dollar amount of state or federal funds for the project or program; and (e) use the phrase-"This project was supported by grant #98HS78717, issued by the Governor's Office of Homeland Securit)'." 5.2.5. Grantee shall verify that all purchases are listed in §6 of this Exhibit. Equipment purchases. if any, shall be for items listed in the Approved Equipment List (A.E.L) for the grant period on the Responder Knowledge Base (RKB). at http://wl'M .rkb.m ipt.org. 5.2.6. Grantee shall ensure that no rights or duties exercised under this grant, or equipment purchased with Grant Funds having a purchase value of $.5,000 or more are assigned without the prior written consent of the Office. 5.2.7. Grantee shall ensure that all funds are needed to supplement and not to supplant the Grantee's own funds. 5.3. Additional Administrative Requirements: Any change in the scope ofa project, including the purchase of equipment not shown in this Exhibit, or any change equal to or greater than 10% (cumulative) to the budget shown in this Exhibit, requires a formal amendment to this contract. THE REMAINDER OF THIS PAGE L'lTENTIONALLY LEFT BLANK Page 3 of 13 -Exhibit B -Statement of Worn -Grant Application 6. GRANT APPLICATION -BUDGET ITEMIZATION: blorado Homeland Security Grant program -FY 2008 Applicant Region: Agenc," l'iame: Cit) ofJ)efll'cr Grant Program: Prban Area Securi~ Iniriati1'e (l'ASI) IT 2008 BUDGET SUMMARY Planning Personnel EJ.Cn:i.se Tr8inin~ Equipment Project I , , S 115,000 , 74a.DOC' S 2,S44,8:!~ Proj~2 , :;!OO,lXXi , 40,000 • • • 60.000 Project 3 , S 185.000 , • 137.000 S 199.500 Project 4 , , , , , 1.679,523 Project 5 , , , , , Project 6 S S S , , Project 7 , , -S , S Project 8 s s , , , Project 9 s , s , , Project 10 _ , , , , , Project 11 , , , , , Project 12 , , , , , Project 13 s , , s , Pr~iect 14 , s , , , Project 15 , , , s , -I Projf<t &.bIOl.I~ I AII(n.,.bll-M &: A! I' lln.148! Total M &: A Reqll~t Tota) Grant Rtquest Projed Sublotals , 3.407.8~9 S )00,000 , S11,500 ,, 1,679.:52:1 ,S -, S S, -s ,S , Is S.'Xl8,.1lSZ I I' , 1.82 • .48 t Is ,,091,600 I Page 4 of 13 -Exhibit B -Statement of Work -Grant Application Iliai'd MaId! S 122.:10 S S , 118,917 ,S , -, S S S S S ,• , S 241.18 241.18 - Project Priority Number and Name: 1-lED Preparedness; Protection, Prevention, Response, Recovery This project will focus on strengthening protection, protection & deterrence through improved CBRNE detection, CIP activities, and improved information sharing. 1t will also focus on improved pre-detonation response operations to lED through planning. acquisition of equipment, training and exercises to ensure that bomb squads as well as other responder agencies have the necessary tools to defeat actual or suspected devices. Page 5 of 13 -Exhibit B -Statement of Work -Grant Application Go To Project:! 1..,.-.1 I',.;.m~ "'"' .. be" 0 P"'jO<'l N_llinrripl;""; ~lIE-D -------------------------------~ ~================~ SUI< 1 ... _, (ll)o I VASI· LED Prepared1U::~~ I -._. -"-----~ ----StIll.Sfrol<l:;> Objoflh~, I 3 7 £1Iq>1~,~ ~te Response ~ltl;>n:: -:J , ~ t:: ~ I" I" I ... .. , PROJECT --8UllCnSl'Ml\I"'RY ~~~ Pla .... : _... ,...-....... • .. -• lCJ10 _",1_ ...r..o. t_A!. 112.210 ~ I I. , , , , -:;;;:;;;;:;;:. ~ , , , " , ~ , ",, , " I •. c '" " I , , , ,",,, I,. " ., I." "., I 0" , I ." I~ ,=" . , ~:-I , ~ , I , ,~ . ," ," " , , I,w I "0 I". , , , ,, , " '. "" "'" I ] I , ~ Is ,,-~ , .'. ~ , I. • Page 6 of 13 -Exhibit B -Statement of Work -Grant Application IIS.1m :1 :1 ~ ,~ I ,,-~ ,,~ "." "." ~~, ,," ~~, Project Priority Number and Name: 2 -Citizen Preparedness This project continues the effons of OUr public education campaign, READY Colorado. Our primal)' goal is to educate and motivate citizens into taking action in preparing for, preventing, and supponing response and recovel)' effons pre, during and post disaster. Citizen outreach with campaign partners includes printed products, internet, media and face-to-face event panicipation. Page 7 of 13 -Exhibit B -Statement of Work -Grant Application C'm To Project 3 Rq:ionll PliQril:r Nllmber: 0 Pro.i<'CI Nome./Dtt;uipliOfJ" I C IIlZCfJ PrepaTlXlness ~================~ Silk TnWHImen, {IJJ' I VASl . CIlIUI'! Prqwtdness and PanleJP4Iloo S'ltfSr:1ilet:! O,,~ .... : IS:: Camrnlmlf~-Preparedness and PanKIpl!1I0n Prima". T.'l!'fI Cap"baitJ: I C\>ffiffiunuy Pteparedrn:ss an;:! Panlcl~uon PROJECT Ho-, .... ..:/SlfDCtT SUMMARY ....... ..-........ S ,_ ... , [.erriw S ·1 ...... , S .. .... ..-. S ~~<llQm.alcri.ols, READY J.::IU. TOTAL , ! " Spt.:iti~ t ~ ~ . ...... ..... ~~ £lpe!1ditlln, Da<ripiaot :l Jurild~DII ~ • .-Solulioll Art::!: ~ ..... "':'. • • · • • -~ I; Solution Area: PERSONNEL " ~'" Sl'BTOTAL: , Solution Aru: rXf:RCJS[ I " I I SUBTOTAL: $ • SolutiOQ A~: TAAJJ\'lNG I 1 1 I I smrron.t..:s . Solulion Are:t: £QlfJPME!'T Go To Project 3 "n"'I'!F~ Ot.joni>~ , : I"~ Page 8 of 13 -Exhibit B -Statement of Work -Grant Application lObIGDnI , -~ 200,000 , ... "'" S S, 6O.f1.lQ , -TOTALS Ii . , "' ... "".IlI_' ~.~ !5 :1 ! ~ :1 wi! JI'J'~' I""" Project Priority Number and Name: 3· Planning This project will continue the implementation of capabilities based planning. This includes the salal)' for the planning stafT and contractors who will implement our revised strategic plan and all planning activities which are included in the goals & objectives ofthe strategy. Funds will also be used to acquire planning software. The specific accomplishments that we will achieve are: Review and revise committee work plans and UASI strategy; complete COOP/COG efTons within public agencies and continue to expand those efTons intO-the-prj,·ate.sector;-review. revise & synchronize emergency operations plans; and complete annual capability and risk assessment Page 9 of J 3 -Exhibit B -Statement of Work -Grant Application I Grin! ""'="''''' I trbu Are:; Securi~ In;'ialj .. ~ (lIASI) Go T() Pmieel 4 J>rojUI N""t'Dtsrrip""", I Plal'llu!)S I St.[~ In.~",.nlllJ,: [~ t:AS=I. Pia=ruung ==============~I ~================~ 5Wt Slnltt,> Oh·. .1. ;W: ~';'=r='::.'::'::m::'==============================J Primar)·llrrt/(llf"Inbilllr Plsft'llng ~ )<,~"O~.I Pn lnt) !: ~=;===~============~ r Sm::;!11ht7l r;;mnm .. and :lll<.<."f: ;-':parc.::iness (api..l:imes PROJECT _, ........ t BUDGI"TSUMMARY ~ -.... fl ... .;.' • '-'" S Prop1Ul AdrrurmtncarlPt.anc:t 0.9 rn u-S ... TniaiotJ: $ ~i~ S " . , TOTAL S _<11_ ........ ......., ! Q -.J ......... , B-onI_ I.spenllil.~ Dauiplion ........ >;'f_,.~ ....., v..;, Con Objorll>" Solution Area, PUJIj;o.r.-.lG S $ S S S I swrL.t I I: Solal;OIl Arft.! PERSO:ro.1I.'I:L "" '" 1~S1:O' , SlJlITOTAL: S Salulion Area: EXERCISE I I I, I I SlIBTOTAL: s .1 Solution A ru.. TR-\J!'olNG Ta..' Dill "-', " ~,."., , .I So, •• i" A .... , Page 10 of 13 -Exhibit 13 -Statement of Work -Grant Application TotI!Cnllt -~ lts.OOO 137,000 ,'9,,9 ..'.". Tor.l..LS :1 IJS.IKlI' I!~ :1 l.l~J"'" 1.11".00111 ~ ,.'"'~ - Project Priority Number and Name: 4 -Interoperable Communictions This project will cominue the implementation of the regional tactical interoperable communications plan (TICP) which includes the acquisition or both infrastruct~re and end-user equipment, and training and exercises. Radio, microwave. ham radio, repeater, and infrastructure equipment will be purchased and deployed, upgrades (0 infrastructure and to existing radios. training will be provided on the equipment, plans and training will be tested. Page II of 13 -Exhibit B -Statement of Work -Grant Application Cunl "'1"I)~r ..... : I Urban Art:8 ~"ril) lllhi .. lin (L;AS'J . _ ~~~~..!!_'riQril)"/lillfllk1': 0 Sllll~ S'''''r:.1 Ol>jmi... ;; I CommunlCll!:o:n ~================~ Prim.ryTDrzt; C~bbilll,: [ COOl1l1U1lIi:alltxU ~================~ NAI ....... I Pti"",, J: I StretLg1henlnlt1Op:sahiC' and Optrahloe CommUrHcallQ/1S C/IpIlblllllt:"S Nltilll'Jai Ptiri) 1 I Expand Rq;lonnI CollaboratIOn PROl£LT -...... , . BUPCErStlMMA!t\' ..-... -"aMine , , ......... , , . ....... , , TnUU.J: , , l.q.>ipoMOll , 1I&,9T: , ""'At. , >II.m ~ .... , _~T_l'>wjOft ...... ,-~ SpoeC"irlc: i { ..... _, ....... ~F~ ~ J..riWj«i .. , ~ ""'~~ £~il .. ~ Delcripti ... ....... -\/oIrC-, l -SohitiOD Aru: PI..ANNING I I I I. I 1$ SlJIITOTAL: Solution A,J'l:II; J'tRSON/II.'EL I I I I. I I, SUBTOTAL! Solution Area: EXERC'JSE I I I I .I ! 5 SUllTOT M,~ s Solution Area: TRAJ!ltllliG I I I I .1 " SunOTAL:1 S.I,i<>, A~, , .. I .. t ", ", ''', ',,, . ," . , Mil '''~ , Page 12 of 13 -Exhibit B -Statement of Work -Grant Application TI.\t.I..1.C ...." ~ ~ 1,619.m InoS'.J TOTAlS .1 :1 :1 ,:1 " .. " ~ -~..;;;" Project Priority Number and Name: M&A J;.qiOfta! t'no";h ·'~",ber: M&A ~==--------------~ Prajoa KlmeIIJto;cnpt;on: M;magemm,11.. Ad::lImScrlil.lon ! :=J ! SptQroc: .. ~ -...... , f .. .....,J~ ~ Ja~ "i ... -upendit¥,.., P<:soiplion ObJ...tI't~ --.... ~ TOTALS " -J ",.J,. A~, , (." 13 I , . BC'" Page 13 of 13 -Exhibit B -Statement of Work -Grant Application For Official Use Only BY-LAWS OF DENVER URBAN AREA WORKING GROUP Preamble Revised 3/4/04 Re-revised 7/22104 Third Revision 2116/06 Conforming Revision 3/15/06 Fourth Revision 9/20107 Fifth Revision 1216/07 The U. S. Department of Homeland Security 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-five (25) cities, counties, transportation district and fire districts contiguous with the City and County of Denver, plus two cities (not contiguous but added due to DHS policy guidance) which are listed below. Denver and the twenty-seven jurisdictions and organizations collectively will be referred to as the Participating Entities or Entities. Additionally, effective 7/1/06, a "buffer zone" as defined by the U.S. Dept. of Homeland Security was modified by the SAA at the request of the Working Group. That buffer zone now consists of six counties (Boulder, Broomfield, Clear Creek, Douglas, Elbert and Gilpin and their member jurisdictions) which are part of the Denver metropolitan area but not part of the defined Urban Area. The buffer zone was defined to encourage UASls to take an inclusive regional approach to preparedness activities and to include additional membership from the buffer zone as appropriate. 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 Local Affairs, Division of Emergency Management Point of Contact to implement the UASI grant. Define the urban area. Identify the contiguous cities, counties and fire districts that comprise the Participating Entities in order to determine the initial composition of the Working Group. Work with the members of the Urban Area Working Group. -Achieve agreement on grant budgets to be submitted to ODP. Article 1 .. '" EXHIBIT i B Purpose A. The Participating Entities will: Working Group Page 1 of 8 By-Laws: Revised 12/6/07 For Official Use Only 1. identify a primary voting member and one alternate voting member to represent each participating entity on the Urban Area Working Group.; 2. assure that required agreements involving the respective Participating Entities are fully executed; 3. 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; B. The Urban Area Working 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 take action on funding, policy and program recommendations. 3. To conduct and update, when necessary, the urban area risk assessments. 4. To develop and update, when necessary, the Urban Area Homeland Security Strategy. 5. To address planning, equipment, training, exercise needs and operational activities of law enforcement, emergency medical services, emergency management, fire service, public works, govemmental 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 in the UASI grants or the Strategic Plan. 10. To add or delete additional members, as necessary. Article 2 Membership The Participating Entities on the Urban Area Working Group are: Adams County Arapahoe County Jefferson County Denver, City and County of (2 votes) Arvada, City of Aurora, City of Cherry Hills Village, City of Commerce City Working Group Sheridan, City of Thornton, City of Westminster, City of Wheat Ridge, City of Arvada Fire Protection District Cunningham Fire Protection District Greater Brighton Fire Protection District Littleton Fire Protection District Page 2 of 8 By· Laws: Revised 1216/07 For Official Use Only Englewood, City of Glendale, City of Greenwood Village, City of Lakewood, City of Littleton, City of Regional Transportation District (RTD) Edgewater, City of A. Voting Members: North Washington Fire Protection District South Adams County Fire Protection District South Metro Fire and Rescue Southwest Adams County Fire Protection District West Metro Fire Protection District Colorado, State of [By-I~s revised 9120107 to add RTD & Edgewater.] The City and County of Denver, as the core area for the Urban Area Security Initiative, will invite leaders from the Participating Entities to appoint members to the Urban Area Working Group, in accordance with the UASI program guidelines. Invited leaders shall be either elected or appointed officials, representing the jurisdictions, or executive managers representing organizations such as a fire districts contiguous with the City and County of Denver. Each Participating Entity 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; except that Denver, as a City and a County, shall have two votes on the Working Group. In addition, the PartiCipating Entity may identify one alternate member to the Working Group to represent the entity when the Working Group primary member is absent from meetings. The members and alternates will serve without compensation from the grant. Voting members to the Urban Area Working Group may be selected from law enforcement, emergency medical services, emergency management, fire services, hazardous materials, public works, governmental administration, public safety communications, health care, and public 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 Local Affairs, Division of Emergency Management, Management, shall be a voting member of the Working Group. B. Non-Voting Members: Non-Voting members to the Urban Area Working Group may be invited by members of the Working Group to participate in the UASI process from law enforcement, emergency medical services, emergency management, fire services, hazardous materials, public works, governmental administration, public safety communications, health care, public health, transportation, private industry or any other organization deemed to have resources, expertise, or capabilities relevant to enhancing the urban area preparedness. Working Group Page 3 of 8 By-Laws: Revised 1216107 For Official Use Only Article 3 Powers and Duties of the Urban Area Working Group A. The Urban Area Working Group shall be responsible for the following: 1. Fullfillment of duties formerly performed by the Urban Area Leadership Group, including: a. To review and approve budgets to be submitted to DHS b. To review and approve the Strategic Plan developed for the UASI grant. c. To review and approve UASI grants for submission to DHS d. To assure the UASI Grant program, reporting and evaluation requirements are being met. e. To issue any policies and business rules required to achieve the goals, objectives, and tasks of the UASI grant. f. To ratify amendments to these bylaws. 2. Program Management Recommendations -The Voting Members shall conduct, manage, and control the affairs and activities of the Denver Urban Area Working Group and make recommendations in matters pertaining to the administration, programmatic direction and operational direction of the Urban Areas Security Initiative grant program in accordance with the Strategic Plan. 3. Program Definition and Planning -The Urban Area Working Group Voting Members, or subcommittees thereof, shall be responsible for defining the Urban Area Risk Assessment; developing the Urban Area Strategic Plan; developing the Resource Capability and Needs Assessment; assuring the National Incident Management System (NIMS) implementation; identifying other training and exercise needs; equipment acquisition; identifying and addressing legal considerations; defining required communications/information technology; and overall initiative management and administration. 4. 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. 5. Equipment, Supplies and Materials Purchases -The Urban Area Working Group Voting Members, or subcommittees thereof, shall be responsible for determining the equipment, materials and supply purchases to be made with the UASI grant funds, based on its priorities as determined by the risk scenarios, risk assessments, Working Group Page 4 of 8 By-Laws: Revised 1216/07 For Official Use Only capability gaps, and strategic plan. 6. Publicizing the Program -The Urban Area Working Group, or a subcommittee thereof, shall determine the methods and type of publicity used to inform the public about the Urban Area Working Group's processes and progress and to make the initiative familiar to the general public. 7. Program Liaison -The Urban Area Working Group Voting Members will maintain proper communications between the grant program and the leadership within the local jurisdictions, county jurisdictions and fire districts contiguous with Denver other metropolitan area jurisdictions and organizations, the State, and DHS B. Terms of Voting Members -A Voting member will maintain his/her position on the Urban Area Working Group, once appointed by the participating entity, until that appointment is terminated or changed by the participating entity. 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 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 participating entity 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 partiCipating entity. Article 4 Role of the Chair A. Urban Area Working Group Chair -The Urban Area Working Group shall be chaired by the Director of the Denver Office of Emergency Management or his/her designee. B. Duties of the Chair -The Chair shall preside at each meeting of the Urban Area Working Group, cause the agenda for the meetings to be set, carry out general executive responsibilities, appoint committees as deemed necessary, and represent the views of the Urban Area Working Group. 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. Working Group Page 5 of 8 By-Laws: Revised 12/6/07 For Official Use Only Article 5 Procedures A. Regular Meetings -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 Chair, in consultation with Members of the Urban Area Working Group, may determine. B. Special Meetings -Special meetings of the Urban Area Working Group may be called at the request Chair of the Working Group. Special meetings shall be at such place as the Chair of the Working Group, may determine. C. Meeting Notice -Wherever practical, the time and place of Working Group meetings shall be communicated to members at least 7 days prior to the regular meetings. Notice shall include agenda materials and will be deemed to be given when said material is sent via facsimile, personal delivery or electronic mail to the Group members. Representation at a meeting shall constitute waiver of any failure of notice. D. Quorum -A quorum, for the purposes of conducting Urban Area Working Group business, shall consist of fourteen ((14) voting Urban Area Working Group members or their 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. E. Voting -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 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. F. Agenda for Meetings -Agendas shall be distributed by mail or sent by facsimile, personal delivery or electronic mail to all Urban Area Working Group Members. Members shall have the right to have items placed on meeting agendas. It shall be the responsibility of any Member desiring to have an item placed on an agenda to present 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. Working Group Page 6 oj 8 By-Laws: Revised 1216/07 For Official Use Only G. Minutes and Records -Minutes shall be recorded and transcribed of all regular and special meetings of the Urban Area Working Group and shall be approved by the members at their next regular meetings. H. Robert's Rules of Order -All matters not covered by these By-Laws shall be governed by Robert's Rules of Order. Article 6 Amendment of By-Laws These By-Laws may be amended by a minimum of 15 affirmative votes of the twentynine(29) Participating Entities after a proposed amendment has received one reading at a regular Urban Area Working Group meeting. Adopted This Day of July 22, 2004. (original first amendment to the By-laws) The minutes of the meeting at which a final vote of adoption is taken shall record the vote and, if the required vote is achieved, shall serve in lieu of the signatures of voting members. Approved: Chair of the Urban Area Working Group: [Signed version on file and available on request.] Justin Demello, Director, Denver Office of Emergency Management [The records records of the 2116106 meeting of the Working Group indicate a unanimous favorable vote of the 18 voting members present approving the addition of Westminster and Thornton to the Working Group as voting members.} [The records of the meeting of 314104 indicate that the Working Group, by a unanimous vote of all 22 jurisdictions represented, recommended these revised by-laws to the Leadership Group, and that the Leadership Group, by a unanimous vote of 21 jurisdictions represented, approved the previous version of these revised by-laws.} [The minutes of the 7122104 joint meeting of the Leadership Group and Working Group reflect that there was a unanimous vote recommending these revised by-laws to achieve the merger of the two groups into the Urban Area Working Group.} [The minutes of the February. special meeting of the Working Group reflect that the vote to include the additional jurisdictions was unanimous.} [The minutes of the September 2007 regular meeting of the Working Group reflect unanimous approval of of adding Edgewater & RTD as well as numerous other changes throughout the By-Jaws.} Working Group Page 7 of 8 By-Laws: Revised 1216/07 For Official Use Only [The minutes of the Dec. 6, 2007 regular meeting reflect unanimous approval of the revision to reflect that the addition of new members to the Working group is the responsibility of the Working Group.} Working Group Page 8 of 8 By-Laws: Revised 1216107