BURLINGTON CITY COUNCIL  DUR COLORADO SINCE 1888  REGULAR MEETING Community Center 340 S. 14th St., Room A January 15, 2024 6:30 p.m.  Live public streaming available at  ntpsy/www.buringtoncop.comwiruaalcouncimeceting  AGENDA-A-Amended  1. Call to Order 2. Pledge of Allegiance 3. Roll call Greg Swiatkowski, Mayor Lana Mireles Paul Velasco, Mayor pro tem 4. Review and Approve Agenda 5. Consent Agenda Items  Hal McNerney Glen Marciniak  Adrian Hernandez Troy Schultz  Emergency matlers coming before Council which may require action may be added t0 the agenda.  Minutes of Dec. 11 and 21,2023 meetings 6. Public comment (Comment is limited 1031 minutes.)  7. Public hearing 8. Unfinished business 9. New business  A. Consider approving Ordinance No. 984-Amended for Mill Levy Certification  B. Consider approving the Mayor's signature on the 2024 Direct Service Contract with East Central Council of Local Governments' Area Agency on Aging & Outback Express for the Title III/UFTA funds. C Consider approving Mayor's signature on the Subcontract with East Central Council of Local Governments'  Outback Express, FTA Section 5311, FY-2024 Transportation #1  D. Review 2024 Calendar of Meetings  E. Approve Mayor'ssignature on engagement contract with RICK Planning & Design  10. Reports from city departments Administrator - Jim Keehne Clerk - Georgia Gilley Public Work - Mike Konecne 11. Reports from Council 12. Adjournment  Sistouls Jan 122024    BURLINGTON CITY COUNCIL SPECIAL MEETING MINUTES County of Kit Carson State of Colorado Burlington Community and Education Center 340 S. 14th St., Recreation Room December 11,2023 6:30 p.m.  Call to order  Mayor Swiatkowski called the meeting to order at 6:30 p.m.  2. Pledge of Allegiance 3. Roll Call  Council members present: Greg Swiatkowski, Mayor Paul Velasco, Mayor Pro Tem Hall McNerney Troy Schultz- virtual Council members absent: Staff/Officials present: Jim Keehne, Administrator Georgia Gilley, Clerk Others present: Christine Fischer 4. Review and Approve Agenda  Lana Mireles Adrian Hernandez Glen Marciniak- virtual  Ashley Gutierrez, Utility Clerk Michael Grinnan, City Attorney  Clerk Gilley asked to add Item (C for a liquor license renewal application. Motion by McNerney and second from Hernandez to approve the agenda as amended.  Motion passed unanimously. Mireles: Aye Velasco: Aye 5. - Consent Agenda Items: A. November27,2023 minutes Motion passed unanimously. Mireles: Aye Velasco: Aye 6. Public comment: None 7. Public hearings: None  McNemey: Aye Marciniak: Aye  Hernandez: Aye Schultz: Aye  Motion by Mireles and second from Velasco to approve the November 27, 2023, minutes.  McNemey: Aye Marciniak: Aye  Hernandez: Aye Schultz: Aye  2    Unfinished Business:  A. Award bid for Comprehensive Plan Design and Ayres Associates Inc. Planning and Design. Motion passed unanimously. Mireles: Abstain Velasco: Aye Swiatkowski: Aye B. Proposed Budget 2024 discussion 1. Burlington Housing Authority  Keehne indicated the bids have been narrowed down to two companies - RICK Planning and Motion by McNerney and second from Schultz to award the Comprehensive Plan bid to RICK  McNerney: Aye Marciniak: Abstain  Hernandez: Abstain Schultz: Aye  Keehne indicated that the executive director at the Burlington Housing Authority had resigned. Keehne recommended adding the position to the City budget for benefits. No motions were  made.  . Ordinance review and consideration of electric utility rate increase.  Keehne indicated the electrical rate. study performed by Nebraska Municipal Power Pool (NMPP) revealed a rate increase is recommended. The rate increase will be 5.8 percent for two years. The Motion by Mireles and second from McNerney to, approve a rate increase for the electric utility  last increase was 2013.  rates per the electric rate study performed by NMPP.  Motion passed unanimously. Mireles: Aye Velasco: Aye 9. New Business:  McNemney; Aye Marciniak: Aye  Hernandez: Aye Schultz: Aye  A. Consider liquor license renewal application submitted by CF Altitude dba ALTA #6142. Motion byl McNerney and second from Hemnandeztoapprove the liquor license renewal application  for CFAltitude dba ALTA#6142. Motion passed unanimously. Mireles: Aye Velasco: Aye Burlington Liquors.  McNemey: Aye Marciniak: Aye  Hernandez: Aye Schultz: Aye  B. Consider liquor license renewal application submitted by BLT Investments LLC dba Motion by Mireles and second from McNerney to approve the liquor license renewal application  for BLTinvestments LLC dba Burlington Liquors.  Motion passed unanimously. Mireles: Aye Velasco: Aye  McNerney: Aye Marciniak: Aye  Hernandez: Aye Schultz: Aye  3    C. Consider liquor license renewal application submitted by Tequilas Restaurant.  Motion by McNerney and second from Mireles to approve the liquor license renewal application  for Tequilas Restaurant. Motion passed unanimously. Mireles: Aye Velasco: Aye  McNemney: Aye Marciniak: Aye  Hernandez: Aye Schultz: Aye  10. Reports from city departments Reports were in the packets. 11. Reports from council  Marciniak asked if there was any truth to foreign refugees being dropped off in town. Keehne  indicated that the City had no knowledge ofthis happening.  12. Adjournment  With a motion by Hernandez, a second from McNerney, and a unanimous vote, the meeting  reconvened and then adjourned at 7:48 p.m.  Greg Swiatkowski, Mayor  ATTEST:  Georgia Gilley, City Clerk    BURLINGTON CITY COUNCIL SPECIAL MEETING MINUTES County of Kit Carson State of Colorado Burlington Community and Education Center 340 S. 14th St., Recreation Room December 21, 2023 7:00 a.m.  1. Call to order 2. Pledge of Allegiance 3. Roll Call  Mayor Swiatkowski called the meeting to order at 7:05.am.  Council members present: Greg Swiatkowski, Mayor Paul Velasco, Mayor Pro Tem Hal McNerney Council members absent: Troy Schultz Staff/Officials present: Jim Keehne, Administrator Georgia Gilley, Clerk Others present: None  Lana_Mireles Adriany Hernandez Glen Marciniak  4. Review and Approve Agenda  Keehne indicated that there was a page on the desk in front oft them that will replace the front page Motion by McNerney and'second from Hernandez to approve the agenda as amended.  ofOrdinance 983 in the packet. Motion passed unanimously. Mireles: Aye Velasco: Aye 5. Consent Agenda Items: None Public comment: None 7. Public hearings: None 8. Unfinished Business:  McNerney: Aye Marciniak: Aye  Hernandez: Aye Schultz: Absent  A. Adoption of proposed 2024 Budget  Keehne indicated the City received the updated certification from the county assessor's office and Motion by McNerney and second from Velasco to approve the adoption of the proposed. 2024  revised the budget to reflect the updated property tax figures.  Budget.  Ccorun Gilley, Cyd Burlington,Co  5    Motion passed unanimously. Mireles: Aye Velasco: Aye 9. New Business:  McNemey: Aye Marciniak: Aye  Hernandez: Aye Schultz: Absent  A. Review and consideration of Ordinance 982, adoption process.  Motion by McNerney and second from Mirelestoapprovet the adoption ofOrdinance 982,  oft the 2024 Budget. Motion passed unanimously. Mireles: Aye Velasco: Aye  adoption  McNerney: Aye Marciniak: Aye  Hernandez: Aye Schultz: Absent  B. Review and consideration of Ordinance 983, appropriation offunds.  Motion by Marciniak and second from McNerey to approve the adoption of Ordinance 983,  appropriation of funds. Motion passed unanimously. Mireles: Aye Velasco: Aye  McNemey: Aye Marciniak: Aye  Hernandezi Aye Schultz: Absent  - Review and consideration of Ordinance 984, certification of mill levy.  Motion by Velasco and second from Hernandez, to approve Ordinance 984, certification of mill  levy. Motion passed unanimously. Mireles: Aye Velasco: Aye 10. Reports from counçil  McNerney; Aye Marciniak: Aye  Hernandez: Aye Schultz: Absent  Comcilasawhiecnpkelh heCityf for the meat packages and wished everyone al Merry Christmas. Hemandez asked ifi immigrants were being dropped off in town and if there was a plan in this started happening. Koehne indiçated that there was no truth to the rumors and that the place has not beennotified ofthis. Hoalso noted that the upcoming comprehensive plan would city  if  needs for thecommunity andpublic safety.  helpi identify  11. Adjournment  With a motion by McNémey, a second from Velasco, and a unanimous vote, the  reçonvened and then adjourned at 7:28 a.m.  meeting  Greg Swiatkowski, Mayor  ATTEST:  Georgia Gilley, City Clerk  Giley. createdb NL Ciyderk Burlington, Co    CITY OF BURLINGTON ORDINANCE NO. 984- AMENDED  AN ORDINANCE LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2023 TO DEFRAY A PORTION OF THE COSTS OF GOVERNMENT FOR THE CITY OF  BURLINGTON, COLORADO, FOR THE: 2024 BUDGET YEAR. with local government budget law on December 21, 2023: and  WHEREAS, the City Council of the City of Burlington adopted its annual Budget in accordance WHEREAS, the amount of money necessary to balance the budget for general operating expenses WHEREAS, the 2023 assessed valuation for the City of Burlington, as certified by the County NOW,THEREFOREBEITORDAINED by the City Council oft the City ofBurlington, Colorado, SECTIONI. There is hereby levied upon each dollar's worth ofp property within the City limits of the City of Burlington for the purpose of defraying the necessary expenses and paying all legal obligations ofs said City for the calendar year beginning January 1,2024, a tax of8 8.6 mills on each dollar's worth of property as per the assessed value thereon as shown by the valuation for assessment, as certified by the Kit SECTION 2. That the Treasurer is hereby authorized and directed to immediately certify to the County Commissioners of Kit Carson County, Colorado the mill levy for the City ofl Burlington, Colorado  is-$421,564.66; and Assessor is $49,019,147. as follows:  Carson County Assessor for the year 2023, as fixed by the Board of Equalization.  as hereinabove determined and set.  PASSED, ADOPTED and ORDERED PUBLISHED this 15th day of. January 2024.  Greg Swiatkowski, Mayor  [SEAL] ATTEST:  Georgia Gilley, City Clerk  7    Direct Service Contract  East Central Council of Local Governments' Area Agencyon Aging & Outback Expresd  OAA T-MCIGSwFTA Section5311 Number: FY-2024 Senior Services #8  THISAGREEMENTIS: made the 1st day of January 2024 by and between the City of Burlington (hereinafter referred to as the Sponsor"), and the East Central Council of Local Governments, 128 Colorado Avenue, Stratton, CO 80836 (hereinafter referred to as the  "COG").  WHEREAS the COG is the designated Area Agency on Aging and as such is the recipient of a contract under Title III of the Older Americans Act of 1978; is the designated provider of general public transit services through a contract with the Colorado Department of Transportation, Transit  Unit under the FederalTransportation Act; and  WHEREAS the COG is charged with the responsibility of assuring the provision of national priority and supportive services to the older residents of Region V; and public transit services to  the general public, regardless of age; and  WHEREAS the priority services for older residents of Elbert, Lincoln, Cheyenne, and Kit Carson Counties have been determined to include transportation, outreach, and information &  assistance through multipurpose senior services coordinators; and  WHEREAS the Sponsor has requested that the COG provide OAA support services direct in the community; and public transit services not available in the community for the period January  1, 2024, through December 31, 2024. and conditions are agreed upon:  NOW, THEREFORE, in consideration of the provision of these services, the following terms 1. The Senior Services Coordinator and/or Outback Express Bus Driver shall be an employee 2. Alli necessary reports, fiscal and programmatic, shall be the responsibility of the COG. 3. Supervision of the Senior Services Coordinator and/or Outback Express Bus Driver shall be 4. The COG will assume the responsibility of providing services to the older residents and  of the COG.  the responsibility of the COG.  general public of the community.  City ofBurlington  Page 1of3    Direct Service Contract  5. Budget Detail:  City of Burlington Total Budget Expenses Net Expenses Sponsor Portion Minus 2023 Carry-over  Salary/Fringe FTA Cost $12,348.25 $0.00 $6,493.74  T-3Cost  $78,200.30 $18,156.50 $60,043.80 $65,852.05 $17,224.50 $48,627.55 $18,337.76 $8,612.25 $9,725.51  Est Program Income (based off priory year) In-Kind Allowance (based off prior year)  -$932.00 $11,416.25 $0.00  $0.00  $0.00 -$6,493.74 $8,612.25  Total Sponsor Portion Due with this Contract $11,844.02 during the above-mentioned project year in the Burlington area.  $3,231.77  6. The ECCOG employees will be employed for an average of 84.4 hours per week. for 48 wecks  The following listed breakdown of hours and services are suggested guides for effective  service provision for Burlington.  BURLINGTON DIRECTSERVICES FTA Transportation Title III Transportation Info & Assistance Outreach Prog Management Bookwork Project SMILE  ESTIMATED HOUR/WEEK 22.4 0.0 4.0 4.0 2.0 2.0 50.0  7. This contract is subject to and contingent upon the availability of federal funds for the  purposes of the award.  8. Changes in this contract can be made with the consent of both parties.  9. This contract shall terminate on December. 31, 2024.  City ofBurlington  Page 2of3  9    Direct Service Contract  IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day first written  above.  Mayor CityofBurlington  Clerk Cityo ofBurlington  Candace Payne. Executive Director East Central Council ofLocal Governments  Sean Vanous. Senior & Transit Services Director East Central Council of Local Governments  City ofBurlingion  Page 3of3  10    East C'entral Council of'Local Governments' Outback Express  FTA Section 5311 Subcontract Number: FY-2024 Transportation #1  Subcontract  THIS SUBCONTRACT is made this Ist day of January 2024. by and between the EAST CENTRAL COUNCIL OF LOCAL GOVERNMENTS. hereinalter referred to as the "ECCOG". and the City of Burlington.  415 15th Avenue, Burlington. CO 80807, hereinafter referred to as the Sub-recipient".  WHEREAS. the ECCOG has entered into a contract with the Colorado Department of Transportation WHEREAS, the ECCOG is a contractee of the State Department of Transportation, Division of WHERE.AS. the application for this grant intended for $18.475 of the total operation funds awarded to ECCOG to be for the primary use of and for the public transportation program ofthe City of Burlington; and  numbered 24-HTR-ZL-00142/49100340l:and  Transportation Development (DOT) for Section 5311 FTA funds for operating costs: and  NOW THEREFORE, it is hereby agreed that:  SECTION 1. extend/renew for 2025. SECTION2. 491003401. SECTION: 3.  Period of Agreement  The period of this agreement is from January 1. 2024. through December 31. 2024; with the option to  Purpose of Agreement  The purpose oft this agreement is to permit the sub-recipient to be reimbursed for the federal FTA share of the City of Burlington public transportation service under the DOT Contract. numbered 24-HTR-ZL-00142/  General Requirements  The ECCOG and Sub-recipient shall commence, carry out. and complete the project with all practicable dispatch, in a sound, economical, and efficient manner, in accordance with the terms and conditions of this Agreement, the terms and conditions of Exhibit A. "Scope of Work and Conditions" and Exhibit B. "Audit Requirements", incorporated herein by this reference. and all applicable laws, regulations, and published policies. In general. the terms of the Department of Transportation regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemmemt9CKK. Part 18. are applicable to Projects with governmental bodies. The terms of Office and Management Budget (OMB) Circular A-110. Revised. "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education. Hospitals. and Other Nonprofit Organizations." are generally applicable to Projects with nongovermental bodies. When OMB Circular A-110i is merged with 49 C.F.R. Part 18. the terms oft the new regulation will be applicableas  set forth in its provisions. subject to modifications by FTA.  City OrBurlington Page 1 of19  11    SECTION4.  Allowable C'osts  Expenditures made by the Sub-recipient will be reimbursable as allowable costs provided the Sub-recipient  documents. they meet all oft the requirements set forth below. B. Ben necessary in order to accomplish the Project: C.E Ber reasonable in amount for the goods or services purchased:  Tobeallowable. all costs must:  A. Be incurred in conformance with the Scope of Work and Conditions and all other provisions oft this Agreement: D. Be actual net costs to the Sub-recipient (i.e.. the price paid minus any refunds. rebates. or other items of value received by the Sub-recipient that have the effect of reducing the cost actually incurred. excluding Program F. Unless permitted otherwise by federal statute or regulation. be in conformance with the standards for allow ability of costs set forthi in OMB Circular A-87, Revised. and with any guidelines or regulations issued by FTA or the State; in the case of projects with educational institutions. the standards for allow ability of costs set forth in OMB Circular A-21, Revised. rather than the standards of OMB Circular A-87. Revised, shall apply: in the case of nonprofit organizations. the standards for allow ability of costs set forth in OMB Circular A-122. Revised. rather than the standards of OMB Circular A-87. Revised, shall apply; the above circulars are H. Be treated uniformly and consistently under accounting principles and procedures approved and prescribed by the FTA or the State or the ECCOG for the Sub-recipient. and those approved or prescribed by the Sub-recipient  Income as defined in 49 CFR part 18 or OMB Circular A-110): E. Bei incurred for work performed after the effective date ofthis Agreement:  incorporated herein by reference: G. Be satisfactorily documented; and  fori its contractors. SECTION: 5.  Accounting Records  A. Project Accounts. The Sub-recipient shall establish and maintain as a separate set of accounts. or as a separate and integral part of its current accounting scheme, accounts for the Project to assure that Project funds are expended and accounted for in a manner consistent with this Agreement and Project objectives. B. Funds Received or made Available for the Project. The Sub-recipient shall appropriately record in the Project account. and deposit in a bank or trust company, all grant payments received by it from the ECCOG pursuant to this Agreement and all matching funds required of the Sub-recipient, and all other funds provided for, accruing to, or otherwise received on account of the Project, which ECCOG payments and other funds are herein collectively referred to as "Project funds". The Sub-recipient is encouraged to use banks that are owned at least C. Documentation of Project Costs. All allowable costs charged to the Project. including any approved services contributed by the Sub-recipient or others, shall be supported by properly executed payrolls. time reçords. D. Checks, Orders, and Vouchers. Any check or order drawn up by the Sub-recipient with respect to any item which is or will be chargeable against the Project account shall be drawn only in accordance with a properly signed voucher then on file in the office of the Sub-recipient, which will detail the purpose for which said check or order is drawn. All checks, payrolls. invoices, contracts. vouchers. orders. or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible. and to the extent  50 percent by minority group members.  invoices, contracts, or vouchers evidencing in detail the nature of the charges.  feasible, kept separate and apart from all other such documents.  City Of Burlington Page 2 of19  12    SECTION 6.  Purchase of Project Equipment  Project equipment includes any equipment item with a unit cost ofs $500 or more and a useful life exceeding one year. The purchase of all Project equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the ECCOG or the Sub-recipient in accordance with C'olorado Department of Transportation guidelines as stated in "Purchasing Procedures for FTA Grant Recipients". applicable State law. and the standards set forth in 49 CF.R. Part 18 or OMB Circular A-110. Atlachment 0. as may be applicable. and with any supplementary directives or regulations including FTA Circular 4220.1B. and any revisions thereol. as may be applicable. The Sub-recipient shall use Project funds for capital equipment only as described in the ScopeofWork  and Special Conditions. SECTION 7.  Use of Project Equipment  The Project equipment shall be used for the purpose of transporting the general public in rural and small urbanized areas of the state as described in the ECCOG's application on behalf of the Sub-recipient for as long as needed. When the equipment is no longer needed for such services, the Sub-recipient shall contact the ECCOG for instructions on disposition of Project equipment in accordance with 49 C.F.R. Part 18. Notwithstanding any prior termination oft this Agreement under Section 14. FTA shall retain interest in the federal share of the Project as long as the equipment has a fair market value exceeding $5,000. as determined by the State. The State must be reimbursed the federal share of the fair market value of the equipment ifa federal interest exists in the equipment  at the time of disposal, unless FTA has issued instructions or approvals to the contrary.  SECTION: 8.  Title to Project Equipment  Title to Project equipment shall be in the Sub-recipient's name and shall be: subject to the restrictions on use  and disposition of the Project equipment set forth herein.  SECTIONS 9.  Maintenance of Project Equipment  The Sub-recipient shall be responsible for the continued maintenance and repair of the Project equipment following manufactures' minimum specifications as long as the equipment has a federal interest or until final disposition of equipment. The Sub-recipient agrees to maintain the Project equipment in good operating order. and  in accordance with any guidelines, directives, or regulations that the FTA or the State may issue.  SECTION 10.  Insurance  A. The Sub-recipient shall carry the following minimum amounts ofinsurance:  1. 2.  Worker's Compensation statutory limits.  Comprehensive General and Automobile Liability Policy for amounts not less than: Bodily Injury, $400,000 each occurrence; Property Damage, $400,000 each occurrence; or $500,000  combined single limit.  B. Said insurance shall be maintained in full force and effect during the term oft this contract and shall protect the Sub-recipient, its employees. agents. and representatives from claims for damages for personal injury and wrongful death and for damages to property arising from the negligent or wrongful acts or omissions of the Sub-recipient. its employees. subcontractors. agents. or Certificates showing the Sub-recipient is carrying the above-described insurance shall be submitted D. The State shall be named as the loss payee on the policies for equipment purchased with Project  representatives. in the perlormance of the Project.  -  annually to the State within 30 days of the issuance of each insurance policy.  City OfE Burlington Page 30f19  13    funds: evidence of such shall be submitted to the State annually.  SECTIONII.  Reporting  During the term oft 'this Project. except as provided in (E) below. the Sub-recipient shall submit requests for  reimbursements to the ECCOG in accordance with the requirements of this Section.  A. Reports shall be submitted on forms provided to the Sub-recipient by the ECCOG, B. Reports shall be fully completed and include at least the following elements: 1. Eligible Project costs indicating the line items that correspond to the budget for this Project. 3. An annual certification of Project equipment if capital equipment was purchased as part of this C. Requests for reimbursement for Project costs will be paid to the Sub-recipient upon presentation of invoice(s) to the ECCOG for eligible costs through the date set forth in Exhibit A and within the D. All requests for reimbursement shall be submitted no later than 60 days following the incurrence of reimbursable costs for the term ofthe Project, except as otherwise provided in (E) below: ori in Exhibit A. Ifreports and request for reimbursements are not submitted within these time periods, the Sub- recipient shall be considered in violation of the Agreement and subject to nonpayment of the requested cost or termination oft the Project as outlined in Section 14 ofthis Contract. E. Notwithstanding any prior termination of this Agreement under Section 14.ifc capital equipment is purchased under this Agreement, the Sub-recipient shall continue to provide the annual certification of Project equipment as above while there is a federal interest in the equipment, as determined by the State. whether or not the Sub-recipient is also a recipiento tofoperating and/or administrative funds  2.  Operating and financial data.  Agreement.  limits of Section 3 ofthis Agreement.  from Section 18. Records  SECTION 12.  The Sub-recipient and its subcontractors shall maintain all books. documents, papers, and accounting records and other evidence pertaining to costs incurred and service performed on forms provided by the ECCOG. Such materials shall be made available at their respective offices at all reasonable times during the contract period and for three years following Project closeout for inspection by the State, FTA and or any authorized representative of  the federal government, and copies thereof shall be furnished ifr requested.  SECTION 13.  Termination  A. Termination by own terms. This Agreement will terminate by its own terms set forth in Exhibit A. B. For Convenience. The parties may rescind this agreement and terminate the project ifb both parties agree that the continuation of the Project would not produce beneficial results commensurate with C. For Cause. The State may, by written notice to ECCOG and the Sub-recipient by certified mail. return receipt requested, rescind this Agreement. retrieve Project equipment. and terminate this The Sub-recipient no longer uses the Project equipment for the purposes described in Exhibit The Sub-recipient takes any action pertaining to this Agreement without prior required  the further expenditure of funds.  Agreement for any ofthe following reasons:  1. 2.  A during the time there is a federal interest in the Projecte equipment.  approval of the ECCOG and/or the State.  City OrBurlington Page 4 of19  14    3. 4.  Thecommencement. prosecution. or timely completion ofthe Project by the Sub-recipient is The Sub-recipient shall be in default under any provision of this Agreement. Termination for cause shall be eflective upon receipt of the written notice. Notwithstanding the above. the Sub-recipient shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Agreement by the Sub-recipient. and the State may withhold all payments to the Contractee fort thej purpose ofsetoff for damagesduetotheslute.  fora any reason rendered improbable. impossible. or illegal.  D. Action upon Termination. Upon termination of this Agreement and the Project under the provisions of paragraph A or B of this Section. the Sub-recipient agrees to return all Project equipment purchased with Project funds to the State disposition. Ifthe Sub-recipient's failure cither to make adequate progress or to make reasonable use of the Project equipment. or to honor the terms of this Agreement is determined by the ECCOGand/or State tol be willful or unreasonable. the State reserves the right to require the Sub-recpien/ECCOd to refund to the State the entire amount of Project funds provided by the State or any lesser amount as may be determined by the State.  SECTION 14.  Assigning the Agreement  A. Unless otherwise authorized in writing by the State. the Sub-recipient shall not assign any portion of the work to be performed under this Agreement. The Sub-recipient shall not execute any contract. amendment or change ordert thereto, or obligate itselfinany mannerwith any third-party with respect toits rights and responsibilities under this Agreement without the prior written concurrence of the B. The Sub-recipient shall not execute any lease. pledge. mortgage. lien. or other contract touching or affecting the federal, State or local interest in any Project facilities or equipment. nor shall it obligate itself, in any other manner. to any third-party with respect to Project facilities or equipment. unless such lease, pledge, mortgage. lien contract, or other obligation is expressly authorized in writing by the State; nor: shall the Sub-recipient. by any act or omission ofany kind. adversely affect the federal. State or local interest or impair its continuing control over the use of Project facilities or equipment.  State.  SECTION 15. Agreement. SECTION 16.  Contract Changes  Any change in this Agreement shall be in the form ofa written supplement signed by the parties to this  Audit and Inspection  A. The Sub-recipient shall permit the State, FTA, and the Comptroller General ofd the United State, or any of their duly authorized representatives to inspect all work. materials. payrolls. and other data and records with regard to the Project. and to audit the books. records. and accounts of the Sub- recipient and its contractors with regard to the Project. In the case of contracts awarded under other than competitive bidding procedures as defined by FTA. the Sub-recipient shall require those contractors to permit the State, FTA. and the Comptroller General of the United States. or any of their duly authorized representatives. to inspect all work. materials, payrolls. and other data and records with regard to the Project. and to audit the books. records. and accounts pertaining to such B. The Sub-recipient must perform timely audits and provide the State with the results of such audits.  contracts with regard to the Project.  City Of Burlington Page 5of19  15    as required by the applicable provisions of OMB Circular A-128. which is incorporated herein by- this reference. Such audits shall test compliance with the items specitfied in Exhibit B and shall be completed by the Sub-recipient ifit is a State or local government. Indian tribal government or private nonprofit organization. Pursuant to FTA criteria. FTA or the State may waive the OMB Circular A-128 audit requirement or substitute a requirement for a grant audit performed in C. All Sub-recipient audit reports must be submitted to the State within 30 days of their issuance. and D. The Sub-recipient is responsible for obtaining any audits required by FTA or the State. Tothe extent that the charges for such audits are necessary for the administration and management of functions related to the Project, the costs of such audits are allowable under this Project to the extent authorized by OMB Circular A-87. Revised, OMB Circular A-21, Revised. or OMB Circular A-122. Revised,  accordance with the Comptroller General's standards. not later than one year after the termination oft this Agreement.  as may be applicable.  SECTION 17.  Equal Employment Opportunity  In connection with the execution of this Agreement, the Sub-recipient shall not discriminate against any employee or applicant for employment because of race, color, age. creed, sex, or national origin. The Sub-recipient shall take affirmative action to ensure that applicants are employed. and that employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to. the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms ofcompensation; and selection for training, including  apprenticeship. SECTION 18.  Small, Minority and Women's Business Enterprise  A. Policy - It is the policy of the U.S. Department of Transportation. hereinafter referred to as DOT. that minority business enterprises (MBE), as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this B. MBE Obligation - The Sub-recipient and its subcontraciors agree to ensure that MBE as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or inj part with federal funds provided under this Agreement. In this regard the Sub-recipient and its subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that MBE has the maximum opportunity to compete for and perform contracts. The Sub-recipient and its subcontractors shall not discriminate on the basis ofrace, color, national origin or sex in the award and performance ofDOT-assisted contracts.  Agreement.  SECTION 19,  Title VICivil Rights Actof1964- - Title VIC Compliance  During the performance of this Agreement, the Sub-recipient. for itself, its assignees. and successors in A, Compliance with Regulations: The Sub-recipient shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department ofTransportation (Hereinafter, "DOT")Title 49, Code of Federal Regulations. Part 21. as they may be amended from time to time.  interest hereinafterreferred to as the Sub-recipient) agrees as follows:  City OfBurlington Page 6 of19  16    (hereinafter referred to as the Regulations). which are herein incorporated by relerence and madea Nondliscrimination: The Sub-recipient. with regard to thework performed by il during the contract. shall not discriminate on the grounds of race. color. or national origin in the selection and retention of subcontractors. including procurements of materials and leases of subcontractors. including procurements of materials and leases of equipment. The Sub-recipient shall not participate cither directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations. including employment practices when the contract covers a program set forth in Appendix B of the Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Sub-recipient for work to be performed under a subcontract. including procurements of materials or leases of equipment. each potential subcontractor or supplier shall be notified by the Sub-recipient of the Sub-recipient's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of D. Information and Reports: The Sub-recipient shall provide all information and reports required by the Regulations or directives issued pursuant and reports required by the Regulations or directives issued pursuant thereto. and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the Federal Transportation Administration to be pertinent to ascertain compliance with such Regulations. orders and instructions. Where any information required ofa Sub-recipient is in the exclusive possession of another who fails or refuses to furnish this information the Sub-recipient shall So certify to the Colorado Department of Transportation, or the Federal Transportation Administration. as E. Sanctions for Noncompliance: In the event of the Sub-recipient's noncomplance with nondiscrimination provisions of this contract. the State shall impose contract sanctions as it or the Federal Transportation Administration may determine to be appropriate. including. but not limited  partofthis contract.  B.  Regulations.  C.  race. color, or national origin.  appropriate, and shall set forth what efforts it has made to obtain the information.  to:  1. withholding of payments to the Sub-recipient under the contract until the Sub-recipient 2. cancellation, termination, or suspension oft the contract. in whole or inj part. Incorporation ofProvisions: The Sub-recipient shalli include the MdPpytaye (F)inevery subcontract, including procurements of materials and leasesofequipment, unlessexempt by the regulations, or directives issued pursuant thereto. The Sub-recipient shall take such action with respect to any subcontract or procurement as the State of the Federal Transportation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however. that, in the event a Sub-recipient becomes involved in. or is threatened with, litigation with a subcontractor or supplier as a result of such direction. the Sub- recipient may request the Colorado Department ofTransportation, and. in addition. the Sub-recipient may request the United States to enteri into such litigation to protect the interests of the United States.  complies; and/or  F.  SECTION 20.  Labor Provisions  A. Construction Contracis. Each construction contract of $2.000 let by the Sub-recipient in carrying  out the Project shall incorporate the regulations set forth at C.F.R. Part 5.  City OrBurlington Page 70f19  17    B.  Non-construction Contracts. Pursuant to the regulations at 29C.F.R. Part 5. the following provisions shall be incorporated in all non-construction contracts of $2.500 let by the Sub-recipient in carrying 1: Overtime Requirements. No contractor or subcontractor contracting for any part ofthe contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in the work week unless such laboreror mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours 2. Violation: Liability for Unpaid Wages: Liquidated Damages. In the event ofany violationofthe requirements set for in subparagraph (b)C)of29CFR 5.5. the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory. to such district or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic. including watchmen and guards, employed in violation of the clause set forth in subparagraph (b)(1)ofCFR 5.5 in the sum of$10.00 for each calendar day on which such individual was required or permitted to work in excess oft the standard work week of forty hours without payment oft the overtime wages required by the clause set forth in subparagraph (b)(1)ofso CFR 5.5. 3. Withholding for Unpaid Wages and Liquidated Damages. DOT or the State shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other ederally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or in the clause set forth 4. Subcontracts. The Sub-recipient ori its subcontractors shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 3 of this section and also, a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses 5. Applicability. The above clauses are applicable in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 C.F.R.5 5.1. 6. Responsibilities. The Sub-recipient ori its subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address ofeach such employee. social security number. correct classifications, hourly rates of wages paid, daily and weekly number ofhours worked, deductions made. and actual wages paid. Further. the State shall require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be available by the Sub-recipient or its subcontractor for inspection. copying. or transcription by authorized representatives ofDOT or the Department of Labor. and the Sub-recipient or its subcontractor will permit such representatives to interview  out the Project:  worked in excess for forty hours in such work week.  ins subparagraph (b)(2)of29 CFR5.5.  set forth in subparagraphs 1 through 3 ofthis paragraph.  City Of Burlington Page 8 of19  18    employees during working hours on thejob.  State and Local Government Employees. The prov isions of the Fair Labor Standards Act. as amended by P.L. 99-150. November 13, 1985. or as may be amended further. areapplicable to local  government employees that participate in this Project.  SECTION21.  Settlement ofThird-Party Contract Disputes or Breaches  The term third-party contract. as used in this Agreement. is defined as a contract between the Sub-recipient and its subcontractor in which the Sub-recipient has procured a good and/or service commercially from the subcontractor. FTA has a vested interest in the settlement of disputes. defaults. or breaches involving any federally assisted third-party contracts. FTA retains the right to a proportionate share, based on the percentage oft the federal share committed tothe Project. ofany proceeds derived from any third-party recovery. Therefore, the Sub-recipient shall avail itself ofall legal rights available under any third-party contract. The Sub-recipient shall notify the State ofany current or prospective litigation or major disputed claim pertaining to: any third-party contract. FTA reserves the right to concur in any compromise or settlement of the Sub-recipient's claim(s) involving any third-party contract. before making federal assistance available to support that settlement. Ifthe third-party contract contains al liquidated damages provision, any liquidated damages recovered shall be credited to the Project account involved  unless FTA permits otherwise. SECTION 22.  Ethics  The contractee shall maintain a written code or standards of conduct that shall govern the performance ofits employees. officers, board members or agents engaged in the award and administration of contracts supported by federal funds. Such code or standards shall provide that no employee, officer board member or agent ofthe Sub- recipient shall participate in the selection, award or administration of a contract supported by federal funds ifa conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the parties set  forth below has a financial or other interest in the firm selected for award:  A. The employee. officer, board member or agent; B. Any member ofhis or her immediate family;  C. His or her partner; or  D. An organization that employs, or is to employ, any of the above.  The code or standards shall also provide that the Sub-recipient's employees. officers. board members or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value for contractors. potential contractors, or parties to the sub-agreement. The Sub-recipient may set minimum rules where the financial interest ist not substantial, or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such code or standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such code or standards by the Sub-recipient's employces, oflicers. board  members or agents or by the contractors or their agents.  SECTION 23. arise when:  Prohibited Interest  No employee. officer. board member or agent of the Sub-recipient shall participate in the selection. award ora administration ofa a contract ifa contlict ofi interest, real or appareni. would be involved. Such a conflict would  A. The employce. officer. board member or agent:  City OrBurlington Page 9 of'19  19    B. Any member of his or her immediate family:  C. Hisork her partner: or  D. An organization which employs. or is about to employ any of the above. has a financial or other interest in the firm selected for award. The Sub-recipient's employees. ofticers. board membersor agents shall neither solicit nor accept gratuities. favors or anything of monetary value from  contractors. potential contractors. or parties of sub-agreement. Interest of Members of or Delegates to Congress  SECTION24.  No member of or delegate to the Congress of the United States shall be admitted to any share or partofthis  Agreement or to any benefit arising therefrom.  SECTION 25.  Patent Rights  Ifany invention. improvement, or discovery of the Sub-recipient or any of its third-party contractors is conceived or first actually reduced toj practice in the course ofc or under this Project, which invention. improvement. or discovery may be patentable under the Patent laws of the United States or any foreign country. the Sub-recipient shall immediately notify the State and FTAand provide a detailed report. The rights and responsibilitiesoft the Sub- recipient, third-party contractors and FTA with respect to such invention. improvement or discovery will be determined in accordance with applicable federal laws. regulations, policies, and any waivers thereof.  SECTION 26.  Rights in Data  A. The term "subject data" as used herein means recorded information, whether or not copyrighted. that isd delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs: text in specifications or related performance or design-type documents; machine forms such as punched cards. magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include but are not limited to: Engineering drawings and associated lists, specifications, standards, process sheets. manuals, technical reports. catalog item dentifications. and related information. The term does not include financial reports. costs analyses. and similar information incidental to contract B. All "subject data" first produced in the performance of this Agreement shall be the sole property of FTA. The Sub-recipient agrees not to assert any rights at common law or equity and not to establish any claim to. statutory copyright in such data. Except for its own internal use. the Sub-recipient shall not publish or reproduce such data in whole or inj part, ori in any manner or form, nor authorize others to do so, without the written consent of FTA until such time as FTA may have released such date to the public; this restriction, however, does not apply to Agreements with academic institutions. C. The Sub-recipient agrees to grant and does hereby grant to FTA and to its officers. agents. and employees acting within the scope of their oflicial duties, a royalty-free. nonexclusive, and  administration.  irrevocable license throughout the world:  1. 2.  Toj publish. translate, reproduce, deliver, perform, use and dispose of. in any manner, any and all data not first produced or composed ini the performance ofthis Agreement but which is incorporated in the work furnished under this Agreement: and  Toauthorize others to do SO.  D. The Sub-recipient shall indemnify and save and hold harmless FTA, its officers, agents. and employees acting within the scope of their official duties against any liability. including costs and  City Of Burlington Page 10 of19  20    expenses. resulting from any willful or intentional violation by the Sub-recipient of proprietary rights. copyrights. or rights of privacy. arising our of the publication. translation, reproduction. delivery. pertormance. use or disposition ofany data furnished under this Agreement. E. Nothing contained in this clause shall imply a license to FTA under any patent or be construed as affecting the scope ofany license or other right otherwise granted to FTA under any patent. Subsections Ca and D. above are not applicable to material furnished to the Sub-recipient by FTAa and incorporated in the work furnished under the contract: provided that such incorporated material is G. In the event that the Project, which is the subject ofthis Agreement. is not completed. for any reason whatsoever. all data generated under that Project shall become subject data as defined in the Rights in Data clause in this Agreement and shall be delivered as FTA may direct. This clause shall be  E.  identified by the Sub-recipient at the time of delivery of such work.  included in all third-party contracts under the Project.  SECTION2 27.  Cargo Preference - Use ofUnited States - Flag Vessels  Pursuant to regulations published at 46 C.F.R. Part 381, the Sub-recipient agrees to insert the following clauses in all contracts let by the Sub-recipient under which equipment, materials or commodities may be A. To utilize privately owned United States-flag commercial vessel to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers. dry cargo liners, and tankers) involved. whenever shipping any equipment, materials. or commodities pursuant to this section. to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. B. To furnish within 30 days following the date of loading for shipments originating within the United States. or within 30 working days following the date of loading for shipment originating outside the bill-of-lading in English for each shipment of cargo described in paragraph (A) above to the State (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, office of Market Development, Maritime Administration. 400 Seventh Street, S.W., C. Toi insert the substance of the provisions of this clause in all relevant subcontracts issued pursuant to  transported by ocean vessel in carrying out the Project:  Washington, D.C. 20590. marked with appropriate identification of the Project.  this contract.  SECTION 28.  Ineligible Bidders  Bidders or Suppliers whose names appear on the U.S. Comptroller General's List ofIneligible Contractors are not eligible for award of, or participation in, any contract that may be awarded as a result of this Agreement. Submission ofa bid by any bidder constitutes certification that he or any subcontractor or suppliers to him. on this proposed contract, if one is awarded, are not on the Comptroller General's List of Ineligible Contractors. A subsequent determination by FTA that a bidder knowingly made any misstatement of facts in this regard will be cause forimmediate disqualification, suspension nortermination: ofthed contract for cause. The Comptroller General's List of ineligible Contractors is available from the G.A.O. Publications Branch. Room 6427. 441 G. Street.  Washington, D.C. 20548. SECTION 29.  BuyAmerica  Each third-party contract utilizing FTA funds obligated after January 6. 1983. must comply with Section 165 of the Surface Transportation Assistance Act of 1982. P.L. 97-242. 49 U.S C. 1601 note (the Buy America provision).a andFTAregulations set forth al 49 C.F.R. Part 661 and any guidance issued to implement this statutory  City orBurlington Page 11 of19  21    provision. SECTION 30.  Nondscrimination on the Basis ofHandicap  The Sub-recipient shall insure that all fixed facility construction or alteration and all new: equipment included in the Project comply with applicable regulations. Nondiscrimination the BasisofHandicap in Programs and Activities, Receiving or Benefiting from Federal Financial Assistance." set forth at 49 C.E.R. Part 27, and any  amendments thereto that may be issued.  SECTION 31.  Air Pollution  No facilities or equipment shall be acquired, constructed. or improved as a part of the Project unless the Sub- recipient obtains satisfactory assurances that they are (or will be) designed and equipped to limit air pollution as provided in accordance with EPA regulations. applicable federally approved State Implementation Plan(s).  appropriate FTA directives and all other applicable standards.  SECTION. 32.  Energy Conservation  The Sub-recipient and its third-party contractors shall recognize mandatory standards and policies relating toe energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy  Policy and Conservation Act (42 U.S.C. 6321 et seq.).  SECTION 33.  Flood Hazards  The Sub-recipient shall comply with the flood insurance purchase requirements with respect to construction ora acquisition purposes, of section 102 (a) oft the Flood Disaster Protection Act of 1973, 42 U.S.C. 4012(a).  SECTION 34.  Privacy  Should the Sub-recipient, its third-party contractors or its employees administer any system of records on  behalfofthe federal government, the following terms and conditions are applicable:  A. The Sub-recipient agrees:  1. Tocomply with the Privacy Actof1974,5U.S.C. 522a and the rules and regulations issued pursuant to the Privacy Act when performance under the contract involves the design. development, or operation ofany system of records on individuals to be operated by the Sub- recipient, its subcontractors or employees to accomplish a government function: To notify FTA when the Sub-recipient anticipates operating a system ofrecords on behalfof FTA in order to accomplish the requirements of this Agreement, if such system contains information about individuals which information will be retrieved by the individual's name oro other identifier assigned to the individual. A system of records subject to the Privacy Act may not be employed in the performance ofthis Agreement until the necessary approval and publication requirements applicable to the system have been carried out. The Sub-recipient agrees to correct, maintain, disseminate, and use such records in accordance with the requirements of the Privacy Act. and to comply with all applicable requirements of the Toinclude this clause. including this paragraph, in all third-party contracts under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design. development, or operation of such a system of'records on behalfof  2.  Privacy Act:  3.  the Government:  City Of Burlington Page 12of19  22    4.  To include this Privacy Act Notification contained in this Agreement in every third-party contract solicitation and in every third-party contract when the performance of work under the proposed third-party contract may involve the design, development. or operation of: a system or records on individuals that is to be operated under the contract to accomplish a  Government function.  B. For purposes of the Privacy Act, when the Agreement involves the operation ofas systen ofrecords on individuals to accomplish a Government function. the Sub-recipient. third-party contractors and any of their employees is considered as an employee of the Government with respect to the Government function and the requirements of the Privacy Act, including the civil and criminal penalties of violations of the Privacy Act, are applicable except that the criminal penalties shall not apply with regard to contracts effective prior to September 27. 1975. In addition, failure to comply with the provisions of the Privacy Act or of this clause will make this Agreement subject to  termination. 1. 2.  Theterms used in this clause have the following meanings:  "Operation ofas system ofrecords" means performance ofa any oft thea activitiesassociated with maintaining the system of records on behalf of FTA including the collection, use and "Record" means any item, collection. or grouping ofinformation about an individual that is maintained by the State and the Sub-recipient on behalf of FTA, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print, or aj photograph. "System records" on individuals means a group or any records under the control of the Sub- recipient on behalfofFTA from whichi information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the  dissemination of records.  3.  individual.  SECTION 35.  Prohibition Against Use of Federal Funds for Lobbying  The Sub-recipient or its subcontractor shall not use federal assistance funds for publicity or propaganda  purposes designed to support or defeat legislation pending before Congress.  SECTION 36.  Hatch Act  The provisions of5U.S.C. 1501-1508 (the 'Hatch. Act"). and implementing regulations set forth in 5C.F.R. Part 151 are applicable to State and local agencies and their officers and employees to the extent covered by the statute and regulations. The "Hatch Act" restricts the political activity of an individual principally employed by a State or local executive agency in connection with a program financed in whole or in part by federal loans. grants. oro cooperative agreements. However, the "Hatch Act" does not apply to a nonsuperyisory employee of an urban mass transportation: system (or ofa 'any other agency or entity performing related functions) to whom the "Hatch Act"  iso otherwise inapplicable. SECTION. 37.  School Bus operations  A. School Bus. The Sub-recipient. or any operator ofi mass transportation acting on its behalf. shall not engage in school bus operations exclusively for the transportation of: students or school personnel in competition with private school bus operators. except as provided under Section 3(g)ofthe Act. 49  City Of Burlington Page 13of19  23    U.S.C.1602(g) and applicable regulations. "School Bus Operations." set forth at 49 C.F.R. Part 605. and lany amendments thereto that may bei issued, Any school bus agreement entered into under these  regulations is incorporated into this Agreement by reference.  SECTION. 38.  Motor Vehicle Safety Standards  The contractee will assure that the motor vehicles purchased under this Agreement will comply with the Motor Vehicle Safety Standards as established by the Department ofTransportation at 49 C'FR Parts 390 and 571.  SECTION 39.  Motor Vehicle Emission Requirements  The contractee must provide a certification that:  A. Thehorsepower ofthe vehicle is adequate for the speed. range and terrain in which it will be required B. All gases and vapor emanation from the crankcase of a spark-ignition engine are controlled to C. Visible emission from the exhaust will not exceed No. 1 on the Ringlemann Scale when measured D. When the vehicle has been idled for three minutes and then accelerated to 80 percent of rated speed under load, the opacity of the exhaust will not exceed No.2 on the Ringlemann Scale for more than  and also to meet the demands ofa all auxiliary power equipment.  minimize their escape into the atmosphere.  six inches from the tail pipe with the vehicle in steady operation.  five seconds, and not more that No. 1 on the Ringlemann Scale thereafter.  SECTION 40.  False or Fraudulent Statements or Claims  The Sub-recipient acknowledges that should it make a false, fictitious. or fraudulent claim. statement, submission. or certification to the Government in connection with this Project, FTA reserves the right to pursue the procedures and impose on the Sub-recipient the penalties of 18 U.S.C. 1001.310.S.C. 231 and 3801 et seq.. and/or  49U.S.C. 1607(h), as may be deemed by FTA to be appropriate.  SECTION 41.  Debarment and Suspension  The Sub-recipient shall obtain from its third-party contractors' certifications required by Department of Transportation regulations, 'Government wide Debarment and Suspenson/Nomprocuremen,"49CFR. Part 29.  and otherwise comply with the requirements oft those regulations.  SECTION 42.  Labor Protection  The Sub-recipient agrees to undertake and complete the Project under the terms and conditions ofthe Special Section 13(c) warranty for the Section 18 program agreed to by the Secretaries of Transportation and Labor dated  May 31, 1979, or substitute comparable arrangements agreed to by the Secretary ofl Labor.  SECTION 43.  Prohibition of Drugs  The Sub-recipient agrees to comply with 49 C.F.R. Part 653. "Control of Drug use in Mass Transportation  Operations" and 49 C.F.R., Part 29. Subpart F. "Drug Free Workplace Requirements".  SECTION44.  Miscellaneous  A. Bonus or Commission.  The Sub-recipient warrants that it has not paid. and also agrees not to pay. a bonus or  City OfBurlington Page 14of19  24    commission for the purpose of obtaining approval of its application for the tinancial assistance  hereunder. State or Territoriat Law,  B.  Except to the extent that a federal stalute or regulation contlicis with state or territorial law. nothing in the Agreement shall require the Sub-recipient to observe or enforce compliance with any provision thereof. perform any other act. or do any other thing in contravention of any applicable State or territorial law: however. ifa any ofthe provisions oft the Agreement violate any applicable State territorial law. the Sub-recipient shall at once notify the Statei in writing inorderthat appropriate arrangements may be made by the State and the Sub-recipient to the end that the Sub-recipient may  proceed as soon as possible with the Project.  C. Severability.  Ifany provisions of this agreement are held invalid. the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and  requirements of applicable law. D. Pursuant to Federal, State and Local Law.  Inj performance ofi its obligations under this Agreement. the Sub-recipient shall comply with all applicable provisions of federal, state and local law. All limits or standards set forth in this agreement to be observed in the performance of the Project are minimum requirements. and all more stringent State and local standards as outlined in Exhibit A shall be applicable to the Performance of  the Project.  E. No State Obligations to Third Parties.  The State shall not be subject to any obligations or liabilities to any third-party in connection with the performance ofthis Project without its specific written consent. Neither the concurrence in nor the approval of the award of this contract or any subcontract, or the solicitation thereof. nor any  other act performed by the State under this contract shall constitute such consent.  F.  Pursuant to Applicable Regulations.  The Project shall be performed by the Sub-recipient pursuant to all applicable federal requirements, which shall be provided to the Sub-recipient by the State. The Sub-recipient shall  confirm receipt ofs such regulations in writing. Americans With Disabilities Act  SECTION45. Act". SECTION 46. SECTION 47.  The Sub-recipient agrees to comply with PL 101-336, +2 USC' 12101 et sey. "Americans with Disabilities  Special Provisions Subcontracts  The Special Provisions attached hereto are hereby made a part ofthis Agreement.  The Sub-recipient shall include in all subcontracts entered into pursuant to this Agreement all of the above clauses 11 through 48. inclusive. In addition, the Sub-recipient shall include the following provisions in any  advertisement or invitation to bid for any procurement under this Agreement:  City OrBurlington Page 15of19  25    "Statement ofFinancial Assistance  This Agreement is subject to a financial assistance contract between the State ofColorado. the U.S. Department of  Transportation. and the Federal Transportation Administration"  SECTION 48.  The Sub-recipient warrants that it has the lawfi ful authority 10 enter this Agreement. and that it has taken all actions and complied with all procedures necessary to execute the authority lawfully in entering this Agreement. and that the undersigned signatory for Sub-recipient has been lawfully delegated the authority to: signt this Agreement  on hehalfofSub-recipient. SECTION 49.  The Sub-recipient will submit a signed copy of a reimbursement reporting form as mentioned in Section 12 of this Agreement. The local portion of the expenses. which is a minimum of 50% of the operating deficit. will constitute in-kind match. and will meet the 50% matching ratio of FTA Section 5311 operating funds not to exceed  $18.475.  City Of Burlington Page 16 of19  26    INV WITNESS WHEREOF. the parties hereto have executed this contract the day and year first writtenabove:  Mayor City ofBurlington  Candace Payne. Executive Director East Central Council ofLocal Governments  City: OrBurlingion Page 17of19  27    EXHIBITA  SCOPE OF WORK. AND CONDITIONS CivofBurlingion EASTCENTRAL COUNCILOFLOCALGOVERNMENTS  A. Standards of Performance  1.  The Sub-recipient will provide a minimum of11.030 one-way passenger trips per year (averaged Quarterly) Standards of performance will be measured. reported and averaged at least quarterly. Measurement of these standards will commence with the presentation of the Sub-recipient's first Performance will be reviewed quarterly. The ECCOG will begin its review no later than 30 calendar days after each performance quarter. Ifthe ECCOG's review determines that the Sub- recipient's performance does not meet the standards of performance set forth in paragraph A(I) E ECCOG will notify the Sub-recipient in writing that performance does not meet the ii, Thirty (30) calendar days after date of such notification, the Sub-recipient will submit to the ECCOG a written explanation of the cause(s) of the substandard performance. which shall iti. ECCOG will review the plan for improvement and notify the Sub-recipient ofi its approval iv. Ifthe plan is approved by the Department, the Sub-recipient will implement the plan immediately upon receipt of the ECCOG notification. Ifthe plan is not approved by the Department remedial measures will be determined on a case-by-case basis.  monthly report and request for reimbursement.  2.  above. the following steps will be taken:  requirements of this Agreement.  include a written plan for improving performance.  within 21 days.  B. Project Budget  The net Project cost is estimated to be and shall be shared as follows:  Operating Funds  Federal share 50% (awarded) Sub-Recipient share 50%  $18,475.00 $18,475.00 $36,950.00  TOTAL  1.  The Sub-recipient shall provide the Sub-recipient's Share ofai minimum of$18,475 ofoperating funds. The Sub-recipient's Share, together with the Federal share, shall be in an amount sufficient to assure payment of the net Project cost. The ECCOG shall have no obligation to provide State funds for use on the Project. The ECCOG will administer federal funds for this Project under the terms of this Agreement, provided that the federal share of FTA funds to be administered by ECCOG are made available and remain available. In no event shall the ECCOG have any obligation to provide State funds or provide federal FTA funds for the Sub-recipients share ofthe project. The Sub-recipient shall initiate and prosecute to completion all actions necessary to authorize the Sub-recipient to obtain and provide its share of the Project costs at or prior to the time that such funds are needed to meet Project  costs.  City Of Burlington Page 18of19  28    2.  Up to one halfof the Sub-recipients share for operating expenses may be provided from unrestricted federal funds. At least one halfmust be from sourcesother than federal funds. The Sub-recipient shall initiate and prosecute to completion all actions necessary to enable the Sub-recipient to provide its share of the project costs al or prior to the time that such funds are needed to meet Projectcosts. Norefund or reduction ofthe amount oft the Sub-recipient's share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. Federal funds shall not be used to reimburse the Sub-recipient for expenses not incurred in cash by the Sub-recipient (i.e.. donated or in-kind goods and services). though such expenses may be used as the Sub-recipient's share. No more than 50 percent of project operating expenses may be attributed to non-  3: 4.  cash, donated. or in-kind expenses. C. Reimbursement eligibility  Requests for reimbursement for project costs will be paid tot the Sub-recipient upon presentation ofinvoice(s) to the ECCOG for eligible costs incurred through December 31. 2024, and within the limits of Section 3 of this agreement. The final invoice may be submitted no later than thirty (30) days after the above date.  D. Contract expiration  The contract shall expire upon final reimbursement by the ECCOG, within the limits of Section C above.  unless the option to extend/renew is negotiated.  E. Project Description  The Sub-recipient shall perform all the Project activities generally described in the application for funding submitted by the ECCOG to the State. That application is incorporated herein by reference to the extent consistent  with this Agreement. 1. 2.  The Sub-recipient will provide a demand responsive transportation system to the general public The service will generally be available Monday through Friday during daylight hours and will be 3. The Sub-recipient will advertise its service as available to the general public. The Sub-recipient will provide comparable transportation services to persons with disabilities as required by the. Americans 4. The Sub-recipient will comply with the Federal Transit Administration drug and alcohol regulations. Any costs incurred by the Sub-recipient for which the Sub-recipient receives reimbursement from other FTA funds (i.e.. Section 5310. RTAP) may not be listed as a cost to be shared by FTA on the  within the City of Burlington.  offered 52 weeks a year. The service will use one (1) vehicle.  with Disabilities Act.  5.  monthly reimbursement request.  City orBurlington Page 19 of19  29    COLORADO SINCE 1888 City Council  2024 Schedule of Meetings Meetings normally begin at 6:30 p.m.  Burlington Community & Education Center,340 S. 14th St., Room A  Mtg# # Date January 8 I- January 15 2- January 29 3- February 12 4- February 26 5- March 11 6- March 25 7- April 8 8- April 29 9- May 13 10- May 28 11- June 10 12- June 24 13- July 8 14- July 29 15- August 12 16- August 26 17- September 9 18- September 30 19- October 14 20- October 28 21- November 12 22- November 25 23-  December 9  Notes  Postponed to. Jan. 15 due to weather  Tuesday meeting - Day after Memorial Day  Budget season begins  Budget work session  Tuesday meeting - Day after Veterans Day Public hearing for proposed budget  Adopt budget  Plus any Special Meetings called as needed.  30    :  COLORADO) SINCE 1888  January 15, 2024  City Administrator's Summary Report  December 11, 2023 - January 15, 2024  Administration Budget  On October 9th, the council had a work: session regarding the 2024 proposed budget. During this session, we worked through the Capital Plan, Compensation Plan, and the General Fund. At the October 30th meeting another work session was held to discuss the Special Revenue Funds and the Enterprise Funds.A Public Hearing was held November 13th where input from the public was to be considered as we finalize There was no public present at the hearing to provide any testimony either for or against what was presented, and council had no additional changes to be made. We thought that we would be positioned appropriately for adoption of thel budget at the Detember1l-meeting: since Proposition HH failed during After the December 11th meeting, the State Legislature convened a special session to address property tax relief, Four tax relief measures were passed and signed by the Governor. Kit Carson County worked diligently between the passage of new legislation to provide us with Amended Certification Values for council to meet in Special Session and formally adopt our budget and certify our mill levy. New valuations revealed a reduction in total property values from $52,023,137 to $49,019,147, or a reduction of $3,004,990. This reduction resulted in property tax (based on Burlington's levy of 8.6 mills) collection reduction of $447,407.58 to $421,564.66 or $25,842.92 in property tax revenues utilized to At the special meeting held December 21*, Council approved Ordinance 984 which in effect confirmed our levy to be 8.6 mills. In the Ordinance the values listed for funds necessary to balance the budget as well as the total property tax to be collected were inaccurate. To correct this, Amended Ordinance 984is presented to you tonight for adoption. The amended values have been provided to Kit Carson County to Additionally, the adopted budget was updated as allowed to reflect this anticipated revenue loss. Next steps with our budget are to file budget document with DOLA along with accompanying ordinances.  the 2024 budget.  the November election.  defray a portion oft the costs of Government for our 2024 budgetyear.  Certify our Tax Levies.  Burlington Housing Authority  Background: the City of Burlington Housing Authority was established in 1970 as a public housing entity offering housing at reduced rates for those in need. The city provided the land for which the residential housing wasto be built, and HUD provided most of the costs for construction of the 171 buildings that have at total of 31 different residential units. The buildings are on 5 different properties aroundi the community. To be HUD funded, public housing properties (buildings) are owned by the state and managed by public  31    housing agencies, loalgpvemmentauhionite: that act onk HUD's behalf andi in compliance with HUD rules and regulations. The Burlington Housing Authority is managed by the City, who has the responsibility of putting in place a board to oversee the management of the facilities. The board, with City permission, hires an Executive Director to oversee the dayto-dayoperations, manage the rental process and provide The city has fulfilled its role in the agreement. Int the past, the financial obligations were managed by the City. The employees oft the Housing Authority were compensated through the City compensation system, of which they were reimbursed by the board. Funding came from rental agreements and HUD subsidies. Rental agreements are re-done annually where renti is determined based on income which is set by HUD. Typically, the budget has enough funding to operate and provide for some capital improvements. In. July this year, the housing authority was notified that property and liability insurance was going to increase. The increase was over 200%, making the insurance unaffordable. The Authority began looking for insurance through other sources and have not found any sources that are cheaper. The increase in rates is due to several factors, increase in property values, and claims against policies in Colorado, primarily the Marshall fire. The effect on the housing authority budget is that property and liability insurance now account for over 80% of the operating budget. Capital funding may be used for insurance purposes, though the capital budget is not healthy enough to cover the increased insurance rates. lam currently working with CIRSA to provide a quote for adding the 17 authority structures to the City's plan. As this is the City'sHousing Authority, they may be covered under the CIRSA insurance umbrella. Should the quote be substantially cheaper, the Housing Authority would reimburse the City quarterly for the As stated above, in the past the City has had the authority's employees on the compensation system, To cut additional expenses lam proposing to put the authority's employees back on the payrol! system. This will have an impact on city funds, though we will be reimbursed to whatever extent the authority can Additionally, our Executive Director has announced her resignation, with one of the decision factors being no health care or benefits provided.Byadding: employees to our system, we can provide healthi insurance, work comp insurance, ensure that all taxes are submitted (has been a problem in the past), and other benefits we. provide for other employees. Although reimbursement will not be 100% for all costs, iti is well worth the investment to mitigate risk through HUD by having a properly managed and maintained Public Burlington's: 2024 budget, adopted December 11, 2023, provided for funding of $36,000 for insuring all buildings under Housing Authority management. As previously stated, Ihave been working with CIRSA to provide a quote for property and liability insurance for the Authority. These funds will be reimbursed to the City through the Authority. This past week we have settled on values for each structure, andlexpect to hear from CIRSA this week regarding rates. Preliminary discussions indicated that insurance costs may be below the $36,000 budgeted amount, well below the current amount paid fori insurance coverage. Timing for the placement of Housing Authority employees under the city's.compensation. system will be when a new Executive Director has been hired. At this time all employees will be placed on the city's  an annual operating and capital budget.  additionali incurred expense.  afford.  Housing Authority that was developed under the auspices of the City.  system.  32    During our January 2nd, 2024, meeting, position announcement information was finalized and has been published at this time. We are moving quickly to get an Executive Director in place by the end of the month, at which time the training process can begin. Currently, all board members are taking on a little more responsibility to provide for a smooth transition. We also will be meeting more often to ensure  nothing is missed. Comprehensive Planning  DOLA Grant Update -The Request for Proposals has been distributed to firms previously contacted and expressing an interest in this project. RFP was also posted on our website on September 22"d, with al link ton my e-mail account should any proposers have questions on the proposal itself. Closing for proposals was October 23'd at 4:00 P.M. Five proposals were received by deadline. All proposals reviewed on October 27th to ensure all submittals have been provided, and each submittal was attached a score. All submitters and the team have been interviewed and rated. Notifications of placement was made Friday, November 10, and the top two finalists were invited to Burlington to present to the City Council on  November 27. The top two finalists are: RICK Planning and Design 8678 Concord Center Dr., Unit 200 Englewood, CO8 80112 Ayers Associates Inc 3665. JFK Parkway, Building2, Suite 100 Fort Collins, CO 80525 3433 Oakwood Hills Parkway Eau Claire, WI 54701  At the December 11"h meeting, Council selected RICK Planning and Design as the firm to complete the Comprehensive Plan. The City Attorney and City Administrator were tasked with contract development, completed on January 5, 2024. On January 12th, Britt Palmberg RICK's Principal Planner and Project Manager met with the Attorney and Administrator to finalize contract and engage with City to perform the City of Burlington's Comprehensive Plan. The approved Agreement Regarding Provision of Asar reminder, grant funds awarded are $125,000. As this is a 50/50 grant, our match will be $125,000, or  Professional Services is provided for your review and approval. half the cost of the entire project which has been budgeted for 2024.  2024 Street Project  On October 24th met with Basis Partners to begin planning work for 2024 Street Project that will include:  Webster Avenue gth Street to Lincoln Street Fay Street -l Lincoln Street East to Mike Lounge Drive  33    Frank Street Alley design before March 01, 2024  Basis Partner's is finalizing all plans for the project at this time and will meet with City Administrator before January 31st to approve plans. Administrator will develop bid specifications from plans, and post on BidNet  Shortly after the election, Summer of 2022, Burlington contracted with Basis Partners, an engineering: and consulting firm from Colorado Springs to assist in identifying areas in need of immediate repair and performing the engineering work to determine what the epair/maintenance work will consist of. Identified as high priority for work were Webster Avenue (first block Hwy 24 to 15t Street will be coordinated with County), and areas around both the Middle School and the Elementary School.  The following is the preliminary timeline for the 2024 Street Project:  Site visit to assess total project Preliminary design package to city for review Bid Package Deliverables Finalized Post with BidNet Direct Project Out to Bid Bid Due Bid Award Signed Contract due Start Date - Concrete End Date- Concrete Start Date - Asphalt End Date - Asphalt Begin Striping Finished striping Project Completion Final Payout to include retention  Completed October 24, 2023  January 31, 2024 February 15, 2024 March 01, 2024 March 01, 2024 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD  On October 24th met with Basis Partners to begin planning work for 2024 Street Project that willi include:  Webster Avenue gth Street to Lincoln Street Fay Street - Lincoln Street East to Mike Lounge Drive  Frank: Street Alley design  Design work will be in hand by end of Januaryf from which bid specifications will be deveioped.  Electric Rates  At the December 11"h meeting, the City Council approved an electrical rate increase, increasing electric rates by 5.8%. The increase is codified by Ordinance, with new rates going into effect January 1, 2024, and January 01,  2025.  34    The rate adjustments were recommendedi from ar rate study performed by NMPP where the analysis indicated the importance of acting on proposed adjustments at this time with the funds going towards maintaining financial targets within the Electric Fund as the city anticipates significant electric capital projects and potential borrowing within a few years" time to meet utility goals of providing reliable service its customer base. The following are  current rates and what the rates will be in both 2024 and 2025.  Residential Current Electric Rates $10.00/Month $0.0817 per kWh $0.0616 per kWh  2024 Rates $12.50/Month $0.0.0899 per kWh $0.0620 per kWh  2025 Rates $15.00/Month $0.0921 per kWh $0.0658 per kWh  Service Charge Purchased Power Burlington Charge Adjustment  Purchased Power Cost 100% of purchased power charged to city by wholesale electrical energy minus  unadjusted revenue based on purchased power base charge  Commercial Current Electric Rates $10.00/Month $0.0881 per kWh $0.0616 per kWh  2024 Rates $15.00/Month $0.0.0899 per kWh $0.0663 per kWh  2025 Rates $20.00/Month $0.0921 per kWh $0.0680 per kWh  Service Charge Purchased Power Burlington Charge Adjustment  Purchased Power Cost 100% of purchased power charged to city by wholesale electrical energy minus  unadjusted revenue based on purchased power base charge  Large Power Energy Current Electric Rates $10.00/Month $0.0924 per kWh $9.6370 per kW  2024Rates $30.00/Month $0.0.0899 per kWh $13.460 per kW  2025 Rates $50.00/Month $0.0921 per kWh $14.860 per kW  Service Charge Purchased Power Burlington Charge Adjustment  Purchased Power Cost 100% of purchased power charged to city by wholesale electrical energy minus  unadjusted revenue based on purchased power base charge  Irrigation Energy Current Electric Rates $300 $10.00/Month $0.1028 per kWh $0.0535 per kWh $0.00  2024 Rates $300 $15.00/Month $0.0.0899 per kWh $0.0762 per kWh $0.0384 per kWh  2025 Rates $300 $20.00/Month $0.0921 per kWh $0.0779 per kWh $0.0448 per kWh  Meter Charge (1x charge for meter) Service Charge Purchased Power Burlington Charge Off Peak Charge Adjustment  Purchased Power Cost 100% of purchased power charged to city by wholesale electrical energy minus  unadjusted revenue based on purchased power base charge  35    City Electricity Current Electric Rates $10.00/Month $0.0866 per kWh $0.0583 per kWh  2024 Rates $15.00/Month $0.0.0899 per kWh $0.0676 perkWh  2025 Rates $20.00/Month $0.0921 per kWh $0.0756 per kWh  Service Charge Purchased Power Burlington Charge Adjustment  Purchased Power Cost 100% ofp purchased power charged to city by wholesale electrical energy minus  unadjusted revenue based on purchased power base charge  New rates are needed primarily to continue to fund reconstruction and capital projects to ensure the City can properly maintain the utility system, meeting state and federal regulations. Over the last 3 years, costs for infrastructure for our utility including equipment, wire, transformers, etc. have risen exponentially. Costs have been impacted byi inventory: availability: and shipping. Time delays aredftenexperienced, with certaintransformer The newr rates that totala a 5.8% increase per year fort the next two years over current rates will be effective. January 01, 2024, and. January 01, 2025, sO you will see the new charges on your February bill. The actual impact on your bill will depend on how much energy yourhousehold or business uses, pcM-we usage by changing to LED lights, unplugging appliances when not in use, turning lights off when not needed,  delivery taking anywhere from 6-18 months.  moving to energy efficient appliances, etc. intergovernmental/Upcoming Events  Management Team Meeting = In Person at Community Building - Wednesdays 2:00 P.M. Burlington Housing Authority Board Meeting, January 02, 2024, 11:30 AM Council Meeting, January 15, 2024, 6:30 PM, Room A Community and Education Center comprehensive Planning Contract Meeting, Friday, January 12,2 2024, 1:30P PM Comprehensive Plan Meeting, timeline development, Wednesday, January: 17, 2024, 10:00 AM BOCES Panel on Student Business Plan Development, Thursday. January 18, 2024, 8-12 AM, Limon Council Meeting, January 29, 2024, 6:30 PM, Room AC Community and Education Center  CML Executive Board Meetings  January 26, 2024,10:00-2:00, Denver  Burlington Housing Authority Meeting, February6, 2024,11:30AM  36    COLORADO SINCE 1888  To: From: Date:  City council members Georgia Gilley, Clerk January 8. 2024  East Central Council of Local Governments (ECCOG) Area Agency on Aging & Outback Express presented its Direct Service Contract for the Title III/FTA Section 5311Funds, FY-2024 Senior Services #8. Thisyear'srenewal is reduced $6,494 from ECCOG also sent the contract renewal for the Outback Express titled ECCOG Outback Express FTA Section 5311 Subcontract FY-2024 Transportation #1. This These contracts go hand in hand, and we: receive both contracts each January. The 2024 municipal election is coming up April 2. Two petitions are out at the time  last year due to carry over funds.  covers the Outback Express.  ofthis report.  Those of you who wish to run for reelection should pick up a nomination petition packet. I will take a few packets to the council meeting for your convenience. Nomination petitions are due back to City Hall by Monday, Jan. 22.  Ia am participating in the CMCA election webinars to learn the latest rules for conducting an efficient election. Iattended an election workshop the Limon clerk  hosted December 13 to build the election calendar.  Wel held the annual employee breakfast at the community center Thursday, December 21, at 8:30 a.m. Everyone enjoyed a casual meal with a slide show of all the employees we could capture on camera. It was a fun morning. Afterwards, it was  business as usual.  37    Public Works Report 1/8/2024  Electric Department  Take down Christmas Decorations. Worked a storm on Christmas eve. Met with Xcel in preparation to transfer power from #1 transformer to #2 transformer to replace PT's ont the meter.  Assisted with snow removal. Parks Department Street Department Snow Removal, Water Department  Assisted with the removal of some of the Christmas decorations. Assisted with snow removal.  Scada computer hard drive crashed during the snowstorm, got Blending Plant up and running with a lapi top. Heater at BP also quit during the storm. Ordered parts, up and running. Collected all the  first of the month samples for water and wastewater. Assisted with snow removal.  38