Place: CliftonLarsonAllen LLP Greenwood Village, CO 80111 D. …€¦ · 15-11-2018 · Governmental Funds Business-Type Fund General Pollution Abatement Enterprise ASSETS Total

Cherry Creek Basin Water Quality Authority 8390 East Crescent Parkway, Suite 300

Greenwood Village, Colorado 80111 (P) 303.779.4525

SPECIAL BOARD MEETING AGENDA Date: November 15, 2018 (Thursday) Time: 9:00 a.m. Place: CliftonLarsonAllen LLP 8390 East Crescent Parkway, Suite 275

Greenwood Village, CO 80111 I. Call to Order and Pledge of Allegiance II. Administrative Matters

A. Review & Approve Minutes from September 20, 2018 and October 18, 2018 (to be distributed)

B. Review and Accept September 30, 2018 Financial Statements and Current Cash Position Dated November 7, 2018 (enclosed)

C. Review and Approve Current Claims (enclosed) D. Other ________________________________________________________________

III. Public Comment / Visiting Guests

A. Other IV. Public Hearing to Consider the 2018 Budget Amendment and 2019 Proposed

Budget A. 2018 Budget Amendment (if needed) B. Proposed 2019 Budget and Supplemental Information (enclosed)

V. Action Items

A. Resolution 2018-11-01, Approving 2019 Fees (enclosed) B. Resolution 2018-11-02, Approving the 2019 Budget (enclosed) C. Resolution 2018-11-03, Authorizing Appropriation (enclosed) D. Resolution 2018-11-04, Setting the Mill Levy (enclosed) E. Resolution 2018-11-05, Establishing Criteria for 60/40 Split Classification

(enclosed) F. Certification of the Mill Levy by Municipal and County Representatives G. Authorizing Execution of Contracts with the following: (enclosed)

1. Leonard Rice Engineers, Watershed Coordination Services 2. SOLitude Lake Management, Sampling & Analysis Services

3. JRS Engineering Consultants, as needed services 4. Hydros Consulting, as needed services 5. RG and Associates, Technical Advisory Committee Liaison

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Cherry Creek Basin Water Quality Authority Agenda – November 15, 2018 Page 2 of 2

6. Fiscal Focus Partners, 2018 Audit and Engagement Letter 7. Collins, Cockrel & Cole, General Counsel

8. CliftonLarsonAllen LLP: Management and Accounting Services H. Board Appointees to the Technical Advisory Committee

1. Rick Goncalves, RG Engineering 2. Bahman Hatami, Colorado Parks & Wildlife 3. Casey Davenhill, Cherry Creek Stewardship Partners 4. Elaine Hassinger, Tri-County health Department 5. Jason Trujillo, Cherry Creek State Park 6. Representative, Urban Drainage & Flood Control District

I. Other ________________________________________________________________

VI. Board Member and Other Items

A. Strategic and Tactical Overview for the CCBWQA (Kilgore, enclosure) B. Board/TAC Coordination (Ruzzo, enclosure) C. 2019 CCBWQA Officers Selection: January 2019 D. Consider Cancelling December Meeting E. Other

________________________________________________________________ VII. Legal

A. Update on Parker Water and Sanitation District Indirect Potable Reuse Project

________________________________________________________________

VIII. Reports A. TAC (Goncalves) B. Capital Projects (Swanson)

1. 2018 Capital Projects and Maintenance Status Report (enclosed) 2. Land Use Referral Summary (enclosed) 3. Other

C. Regulatory & Watershed (Fendel) D. Water Quality Update (enclosed) E. Regulatory & Watershed (Fendel) F. Administration & Finance (Reid)

IX. Adjournment ________________________________________________________________ Enclosed Informational Items:

11-1-18 TAC Agenda

Next Board Meeting: Thursday, December 20, 2018 at 9:00 a.m. CliftonLarsonAllen LLP, 8390 E. Crescent Parkway, Suite 275

Greenwood Village, CO 80111 “Before Hours” Office Number 303-265-7914

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CHERRY CREEK BASIN WATER QUALITY AUTHORITY

FINANCIAL STATEMENTS

SEPTEMBER 30, 2018

PRELIMINARY DRAFT - SUBJECT TO REVISIONPRELIMINARY DRAFT - SUBJECT TO REVISION

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Accountant's Compilation Report

Board of DirectorsCherry Creek Basin Water Quality AuthorityArapahoe, Douglas County, Colorado

Management is responsible for the accompanying financial statements of Cherry Creek Basin Water QualityAuthority, which comprise the balance sheet - governmental funds and the Enterprise Fund presented as agovernmental fund as of September 30, 2018, and the related statement of revenues, expenditures, andchanges in fund balance - actual, for the period from January 01, 2018 through September 30, 2018, for theGeneral Fund, in accordance with accounting principles generally accepted in the United States of America.Management is also responsible for the accompanying financial forecasted budget, which comprises thestatement of revenues, expenditures, and changes in fund balance - budget, for the year then ending, for theGeneral Fund, and the related summary of significant assumptions in accordance with guidelines for thepresentation of financial forecast established by the American Institute of Certified Public Accountants. We haveperformed compilation engagements in accordance with Statements of Standards for Accounting and ReviewServices promulgated by the Accounting and Review Services Committee of the American Institute of CertifiedPublic Accountants. We did not audit, examine, or review the historical financial statements or the financialforecasted budget nor were we required to perform any procedures to verify the accuracy or completeness ofthe information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provideany form of assurance on these historical financial statements and this financial forecasted budget.

The forecasted budget results may not be achieved as there will usually be differences between the forecastedbudget and actual results, because events and circumstances frequently do not occur as expected, and thesedifferences may be material. We assume no responsibility to update this report for events and circumstancesoccurring after the date of this report.

Management has elected to omit the management's discussion and analysis, the government-wide financialstatements, the statement of revenues, expenditures and changes in fund balance - governmental funds, andsubstantially all of the disclosures required by accounting principles generally accepted in the United States ofAmerica. If the omitted disclosures were included in the historical financial statements, they might influence theuser's conclusions about the District's financial position and results of operations. Accordingly, the historicalfinancial statements are not designed for those who are not informed about such matters.

The supplementary information and the supplementary financial forecasted budget information are presentedfor additional analysis and are not a required part of the basic financial statements. This information is therepresentation of management. The information was subject to our compilation engagement; however we havenot audited, examined, or reviewed the supplementary information and, accordingly, do not express an opinion,a conclusion, nor provide any form of assurance on the supplementary historical information and thesupplementary budget information.

We are not independent with respect to Cherry Creek Basin Water Quality Authority.

Greenwood Village, CONovember 06, 2018


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Governmental FundsBusiness-Type

Fund

GeneralPollution

Abatement EnterpriseASSETS Total

CURRENT ASSETSCash - Checking 24,481$ -$ 2,594$ 27,075$C - Safe 859,161 17,209 317,568 1,193,938Colotrust - General 445,193 1,031,773 905,360 2,382,326Colotrust - Pollution Abatement - 51,515 - 51,515Accounts receivable - - 147,374 147,374Receivable from County Treasurer 15,164 - - 15,164Prepaid expense 350 - - 350

Total Current Assets 1,344,349 1,100,497 1,372,896 3,817,742

CAPITAL ASSETSCapital assets, net - - 350,000 350,000

Total Capital Assets - - 350,000 350,000

TOTAL ASSETS 1,344,349$ 1,100,497$ 1,722,896$ 4,167,742$

LIABILITIES AND NET POSITION

CURRENT LIABILITIESAccounts payable 103,540$ 35,570$ 5,317$ 144,427$

Total Current Liabilities 103,540 35,570 5,317 144,427

NET POSITION

Investment in capital assets - - 350,000 350,000Restricted - 1,064,927 - 1,064,927Unrestricted 1,240,809 - 1,367,579 2,608,388

Total Net Position 1,240,809 1,064,927 1,717,579 4,023,315

TOTAL LIABILITIES AND NET POSITION 1,344,349$ 1,100,497$ 1,722,896$ 4,167,742$

CHERRY CREEK BASIN WATER QUALITY AUTHORITYSTATEMENT OF NET POSITION

SEPTEMBER 30, 2018

These financial statements should be read only in connection with the accompanying accountant's compilation report.2


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General Fund

PollutionAbatement

FundEnterprise

Fund Total All FundsOPERATING REVENUE

Building permit fees -$ -$ 150,756$ 150,756$Recreation fees - - 191,414 191,414Wastewater surcharge - - 77,027 77,027

Total Operating Revenue - - 419,197 419,197

OPERATING EXPENSESAccounting 37,335 - - 37,335Auditing 6,200 - - 6,200CC Stewardship Partners 19,000 - - 19,000CCBWQA website 2,400 - - 2,400WQCC regulation hearings 9,003 - - 9,003County Treasurer's fee 28,715 - - 28,715Equipment - - 6,475 6,475Insurance and bonds 8,764 - - 8,764Management/administration 70,452 158,465 - 228,917TAC coordination 5,333 - - 5,333Legal services 49,598 - - 49,598Information & education 5,417 - 3,225 8,642Dues and licenses 1,585 - - 1,585Office / miscellaneous 68 - - 68Watershed management 168,063 - - 168,063Monitoring and reporting 208,088 - - 208,088Special projects 98,522 - - 98,522Pollution reduction facilities - 42,015 - 42,015Stream reclamation - 804,000 - 804,000

Total Operating Expenses 718,543 1,004,480 9,700 1,732,723Operating Income (Loss) (718,543) (1,004,480) 409,497 (1,313,526)

NONOPERATING REVENUE (EXPENSES)Property taxes 1,913,174 - - 1,913,174Specific ownership tax 130,557 - - 130,557Interest income 36,025 753 16,404 53,182Transfers from General Fund - 1,228,876 - 1,228,876Transfers from Enterprise Fund - 238,755 - 238,755Transfers to Pollution Abatement Fund (1,228,876) - (238,755) (1,467,631)

Total Nonoperating Revenue (Expenses) 850,880 1,468,384 (222,351) 2,096,913

CHANGE IN NET POSITION 132,337 463,904 187,146 783,387

TOTAL NET POSITION - BEGINNING 1,108,472 601,023 1,530,432 3,239,927

TOTAL NET POSITION - ENDING 1,240,809$ 1,064,927$ 1,717,579$ 4,023,315$

CHERRY CREEK BASIN WATER QUALITY AUTHORITYSTATEMENT OF REVENUES, EXPENSES AND

CHANGES IN NET POSITIONFOR THE NINE MONTHS ENDED SEPTEMBER 30, 2018

This financial information should be read only in connection with the accompanying accountant's compilation report.3


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AnnualBudget

Year to DateActual Variance

REVENUESProperty taxes 1,933,296$ 1,913,174$ (20,122)$Specific ownership tax 193,330 130,557 (62,773)Interest income 20,000 36,025 16,025

TOTAL REVENUES 2,146,626 2,079,756 (66,870)

EXPENDITURESGeneral and administration

Accounting 34,000 37,335 (3,335)Auditing 14,000 6,200 7,800CC Stewardship Partners 25,000 19,000 6,000CCBWQA website 5,100 2,400 2,700WQCC regulation hearings 500 9,003 (8,503)County Treasurer's fee 28,999 28,715 284Insurance and bonds 10,200 8,764 1,436Management/administration 120,000 70,452 49,548TAC coordination 10,000 5,333 4,667Legal services 55,000 49,598 5,402Information & education 5,000 5,417 (417)Dues and licenses 1,500 1,585 (85)Office / miscellaneous 5,000 68 4,932

Watershed management 173,000 168,063 4,937Monitoring and reporting 321,000 208,088 112,912Special projects 325,000 98,522 226,478

TOTAL EXPENDITURES 1,133,299 718,543 414,756

EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 1,013,327 1,361,213 347,886

OTHER FINANCING SOURCES (USES)Transfers to Pollution Abatement Fund (1,287,976) (1,228,876) 59,100

TOTAL OTHER FINANCING SOURCES (USES) (1,287,976) (1,228,876) 59,100

NET CHANGE IN FUND BALANCES (274,649) 132,337 406,986

FUND BALANCES - BEGINNING 947,491 1,108,472 160,981

FUND BALANCES - ENDING 672,842$ 1,240,809 567,967$

RECONCILIATION OF BUDGET TO GAAPInvestment in capital assets -

TOTAL NET POSITION 1,240,809$

CHERRY CREEK BASIN WATER QUALITY AUTHORITYSTATEMENT OF REVENUES, EXPENDITURES AND

CHANGES IN FUND BALANCES - BUDGET AND ACTUALFOR THE NINE MONTHS ENDED SEPTEMBER 30, 2018

GENERAL FUND



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AnnualBudget


Watershed managementGeneral watershed management 110,000$ 112,261$ (2,261)$Annual report 27,000 27,583 (583)Data management 36,000 28,219 7,781

Total Watershed management 173,000$ 168,063$ 4,937$

Monitoring and reportingGeneral technical support 80,000$ 44,289$ 35,711$Monitoring - Reservoir 110,000 81,733 28,267Monitoring - Watershed 104,000 59,869 44,131Data managment 27,000 22,197 4,803

Total Monitoring and reporting 321,000$ 208,088$ 112,912$

Special projectsSpecial projects - nitrogen/phosphorus 25,000$ -$ 25,000$Studies - undesignated 300,000 98,522 201,478

Total Special projects 325,000$ 98,522$ 226,478$



GENERAL FUNDSCHEDULE OF EXPENDITURE DETAILS



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AnnualBudget


REVENUESInterest income 5,000$ 753$ (4,247)$

TOTAL REVENUES 5,000 753 (4,247)

EXPENDITURESManagement/administration 255,000 158,465 96,535Stream corridor preservation 25,000 - 25,000Pollution reduction facilities

PRF monitoring 18,000 - 18,000PRF reservoir destratification 93,000 22,600 70,400PRF revegetation 82,000 19,415 62,585PRF rehabilitation 83,000 - 83,000

ReservoirUtilities - reservoir destratification 40,000 - 40,000Reservoir shoreline stabilization - General 120,000 - 120,000Meteorological station 20,000 - 20,000

Stream reclamationStream reclamation - Piney Creek 500,000 500,000 -Stream reclamation - McMurdo Gulch 34,000 34,000 -Stream reclamation - CCSP Reach I 230,000 - 230,000Stream reclamation - CCSP Reach II 270,000 270,000 -

TOTAL EXPENDITURES 1,770,000 1,004,480 765,520

EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (1,765,000) (1,003,727) 761,273

OTHER FINANCING SOURCES (USES)Transfers from General Fund 1,287,976 1,228,876 (59,100)Transfers from Enterprise Fund 288,060 238,755 (49,305)

TOTAL OTHER FINANCING SOURCES (USES) 1,576,036 1,467,631 (108,405)

NET CHANGE IN FUND BALANCES (188,964) 463,904 652,868

FUND BALANCES - BEGINNING 437,805 601,023 163,218

FUND BALANCES - ENDING 248,841$ 1,064,927 816,086$

RECONCILIATION OF BUDGET TO GAAPInvestment in capital assets -




POLLUTION ABATEMENT FUND



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SUPPLEMENTARY INFORMATION


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AnnualBudget


REVENUESBuilding permit fees 150,000$ 150,756$ 756$Recreation fees 200,000 191,414 (8,586)Wastewater surcharge 120,000 77,027 (42,973)Other revenue 100 - (100)Interest income 10,000 16,404 6,404

TOTAL REVENUES 480,100 435,601 (44,499)

EXPENDITURESEquipment 20,000 6,475 13,525Information & education 30,000 3,225 26,775Contingency 250,000 - 250,000

TOTAL EXPENDITURES 300,000 9,700 290,300

EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 180,100 425,901 245,801

OTHER FINANCING SOURCES (USES)Transfers to Pollution Abatement Fund (288,060) (238,755) 49,305

TOTAL OTHER FINANCING SOURCES (USES) (288,060) (238,755) 49,305

NET CHANGE IN FUNDS AVAILABLE (107,960) 187,146 295,106

FUNDS AVAILABLE - BEGINNING 1,134,102 1,180,432 46,330

FUNDS AVAILABLE - ENDING 1,026,142$ 1,367,578 341,436$

RECONCILIATION OF BUDGET TO GAAPInvestment in capital assets 350,000


CHERRY CREEK BASIN WATER QUALITY AUTHORITYSCHEDULE OF REVENUES, EXPENDITURES AND


ENTERPRISE FUND

This financial information should be read only in connection with the accompanying accountant's compilation report.8


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CHERRY CREEK BASIN WATER QUALITY AUTHORITY 2018 BUDGET

SUMMARY OF SIGNIFICANT ASSUMPTIONS

Services Provided

Cherry Creek Basin Water Quality Authority (the Authority) is a quasi-municipal corporation and political sub-division of the State of Colorado. Formed on June 16, 1988, the Authority was created by Colorado HB1029 to monitor the water quality in the Cherry Creek Basin and to construct facilities to control the accumulation of pollutants.

The District has no employees and all operations and administrative functions are contracted.

The District prepares its budget on the modified accrual basis of accounting in accordance with the requirements of Colorado Revised Statues C.R.S. 29-1-105. For financial statement reporting under generally accepted accounting principles (GAAP), the District uses the full accrual basis of difference from GAAP accounting for Fund Balance. Funds Available represents each fund’s current assets less its current liabilities except for the current portion of long-term debt. In addition, the budget separates individual funds which are included as one entity in the GAAP presentation.

Colorado Revised Statute 25-8.5-111(3), as amended by Senate Bill 01-066 in 2001, states that the Authority must spend a minimum of 60% of revenues (collected from fees, tolls, and property tax) on the construction and maintenance of pollution abatement projects in the Cherry Creek Basin or on payments due on debt incurred entirely for such projects. The minimum pollution abatement expenditure requirement is not restricted by fund, but is applied to the Authority as a whole.

Revenues

Property Taxes

The primary source of revenue is property taxes. Property taxes are levied by the District’s Board of Directors. The levy is based on assessed valuations determined by the County Assessor generally as of January 1 of each year. The levy is normally set by December 15 by certification to the County Commissioners to put the tax lien on the individual properties as of January 1 of the following year. The County Treasurer collects the determined taxes during the ensuing calendar year. The taxes are payable by April or, if in equal installments, at the taxpayer’s election, in February and June. Delinquent taxpayers are notified in August and generally sales of the tax liens on delinquent properties are held in November or December. The County Treasurer remits the taxes collected monthly to the Authority.

The calculation of the taxes levied is displayed on the Property Tax Summary Information page of the budget.

Specific Ownership Taxes

Specific ownership taxes are set by the State and collected by the County Treasurer, primarily on vehicle licensing within the County as a whole. The specific ownership taxes are allocated by the County Treasurer to all taxing entities within the County. The budget assumes that the Authority’s share will be equal to approximately 10% of the property taxes collected.

Net Investment Income

Interest earned on the Authority's available funds has been estimated based on an average interest rate of approximately 1.00%.

This supplementary information should be read only in connection with the accompanying accountant's compilation report. 9


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CHERRY CREEK BASIN WATER QUALITY AUTHORITY2018 BUDGET


Revenues - (continued)

Fees

The Authority receives recreation fees from the State of Colorado. These fees are a portion of the entry fees toCherry Creek State Park. The fees are remitted to the Authority on a monthly basis.

The Authority receives building permit fees from various governmental entities that reside within the Authority’s borders. These fees are typically remitted on a quarterly basis.

The Authority receives wastewater surcharges from the surrounding water and sanitation districts based on usage.These surcharges are remitted to the Authority on a quarterly basis by each District.

Expenditures

Administrative and Operating Expenditures

Operating expenditures include the estimated services necessary to maintain the District’s administrative viability such as legal, management, accounting, insurance, banking, meeting expense and other administrative expenses. Estimated expenditures related to water quality management were also included in the General Fund budget.

Capital Projects

Anticipated expenditures for capital projects are detailed on the Pollution Abatement Fund page of the budget.

Debt and Leases

The District has no bond indebtedness or any operating or capital leases.

Reserves

Emergency Reserve

The Authority has provided for an Emergency Reserve equal to at least 3% of fiscal year spending as definedunder the TABOR Amendment.

Facilities Maintenance Reserve

The Authority has provided for a facilities maintenance reserve of $25,000 for use in subsequent year capital maintenance projects.

Capital Reserve

The Authority has provided for a total capital reserve of $500,000 for use in subsequent year capital replacementprojects.



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Anticipated transfer from ColoTrust to cover checks 75,459.43 13,870.51 - 89,329.94Anticipated vouchers payable (75,459.43) (13,870.51) - (89,329.94)

Anticipated balance

Anticipated transfer to checking to cover checks (75,459.43) (13,870.51) - (89,329.94)Anticipated Recreation fees, Building permits, WW surcharge - - 83,275.55 83,275.55Anticipated allocation of 60% of revenue to Pollution Abatement (10,205.44) 60,170.77 (49,965.33) -

Anticipated balance

Anticipated balance

Anticipated balance

Total funds available as of date above



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PRELIMINARY DRAFT - SUBJECT TO REVISION

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CliftonLarsonAllen LLP

CLAconnect.com

An independent member of Nexia International

Accountant’s Compilation Report

Board of Directors Cherry Creek Basin Water Quality Authority

Management is responsible for the accompanying budget of revenues expenditures and fund balances/funds available of Cherry Creek Basin Water Quality Authority for the year ending December 31, 2019, including the estimate of comparative information for the year ending December 31, 2018, and the actual comparative information for the year ended December 31, 2017, in the format prescribed by Colorado Revised Statutes (C.R.S.) 29-1-105 and the related summary of significant assumptions in accordance with guidelines for the presentation of a budget established by the American Institute of Certified Public Accountants (AICPA). We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the budget nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provide any form of assurance on the accompanying budget.

The budgeted results may not be achieved as there will usually be differences between the budgeted and actual results, because events and circumstances frequently do not occur as expected, and these differences may be material. We assume no responsibility to update this report for events and circumstances occurring after the date of this report.

We draw attention to the summary of significant assumptions which describe that the budget is presented in accordance with the requirements of C.R.S. 29-1-105, and is not intended to be a presentation in accordance with accounting principles generally accepted in the United States of America.

We are not independent with respect to Cherry Creek Basin Water Quality Authority.

Greenwood Village, Colorado _______________, 2018


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ACTUAL BUDGET ACTUAL ESTIMATED BUDGET 2017 2018 9/30/2018 2018 2019

BEGINNING FUND BALANCES 2,340,402$ 2,519,398$ 2,889,927$ 2,889,927$ 3,035,275$

REVENUEProperty taxes 1,769,270 1,933,296 1,913,174 1,933,296 2,081,075 Specific ownership tax 176,532 193,330 130,557 175,000 166,486 Interest income 33,528 35,000 53,182 69,000 51,000 Contributed capital 9,438 - - - - Reimbursed expenditures 1,059 - - - - Recreation fees 212,905 200,000 191,414 215,000 200,000 Building permit fees 196,569 150,000 150,756 200,000 200,000 Wastewater surcharge 109,463 120,000 77,027 100,000 120,000 Other revenue - 100 - 100 100 Total revenue 2,508,764 2,631,726 2,516,110 2,692,396 2,818,661

TRANSFERS IN 1,462,625 1,576,036 1,467,631 1,614,838 1,690,597

Total funds available 6,311,791 6,727,160 6,873,668 7,197,161 7,544,533

EXPENDITURESGeneral Fund 838,879 1,133,299 718,543 1,046,048 1,217,916 Pollution Abatement Fund 1,094,984 1,770,000 1,004,480 1,376,000 2,168,000 Enterprise Fund 25,376 300,000 9,700 125,000 160,000

Total expenditures 1,959,239 3,203,299 1,732,723 2,547,048 3,545,916

TRANSFERS OUT 1,462,625 1,576,036 1,467,631 1,614,838 1,690,597

Total expenditures and transfers out requiring appropriation 3,421,864 4,779,335 3,200,354 4,161,886 5,236,513

ENDING FUND BALANCES 2,889,927$ 1,947,825$ 3,673,314$ 3,035,275$ 2,308,020$

EMERGENCY RESERVE 59,300$ 64,400$ 62,400$ 64,700$ 68,300$ FACILITIES MAINTENANCE RESERVE 25,000 25,000 25,000 25,000 25,000 CAPITAL RESERVE 250,000 250,000 250,000 250,000 750,000 TOTAL DESIGNATED RESERVE 334,300$ 339,400$ 337,400$ 339,700$ 843,300$

CHERRY CREEK BASIN WATER QUALITY AUTHORITYSUMMARY

2019 BUDGET WITH 2017 ACTUAL AND 2018 ESTIMATED

For the Years Ended and Ending December 31,

This financial information should be read only in connection with the accompanying accountant's compilation report and summary of significant assumptions.

2PRELIMINARY DRAFT - SUBJECT TO REVISION

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ASSESSED VALUATION - ARAPAHOEResidential 848,131,910$ 937,088,681$ 937,088,681$ 937,088,681$ 959,735,759$ Commercial 581,220,918 723,801,306 723,801,306 723,801,306 756,935,488 Industrial 1,800,030 1,939,122 1,939,122 1,939,122 4,624,900 Agricultural 956,529 938,836 938,836 938,836 935,780 State assessed 4,771,180 4,445,310 4,445,310 4,445,310 4,154,030 Vacant land 42,040,179 49,530,272 49,530,272 49,530,272 46,855,588 Personal property 149,537,067 149,973,610 149,973,610 149,973,610 135,742,769 Other 12,290 13,559 13,559 13,559 13,559

1,628,470,103 1,867,730,696 1,867,730,696 1,867,730,696 1,908,997,873 Adjustments - - - - -

Certified Assessed Value 1,628,470,103$ 1,867,730,696$ 1,867,730,696$ 1,867,730,696$ 1,908,997,873$

MILL LEVYGeneral 0.500 0.500 0.500 0.500 0.500Temporary Mill Levy Reduction (0.029) (0.049) (0.049) (0.049) (0.022)Refund and abatements 0.002 0.002 0.002 0.002 0.000

Total mill levy 0.473 0.453 0.453 0.453 0.478

PROPERTY TAXESGeneral 814,235$ 933,865$ 933,865$ 933,865$ 954,499$ Temporary Mill Levy Reduction (47,226) (91,519) (91,519) (91,519) (41,998) Refund and abatements 3,257 3,735 3,735 3,735 -

Levied property taxes 770,266 846,082 846,082 846,082 912,501 Adjustments to actual/rounding (3,604) - (11,400) - - Refunds and abatements - - - - - Budgeted property taxes 766,662$ 846,082$ 834,682$ 846,082$ 912,501$

ASSESSED VALUATION - DOUGLASResidential 1,297,999,940 1,431,563,540$ 1,431,563,540$ 1,431,563,540$ 1,486,973,700$ Commercial 449,228,320 537,706,560 537,706,560 537,706,560 551,606,900 Industrial 73,835,610 97,333,890 97,333,890 97,333,890 96,962,610 Agricultural 10,366,040 9,706,420 9,706,420 9,706,420 10,031,880 State assessed 4,439,000 6,034,900 6,034,900 6,034,900 3,999,500 Vacant land 112,795,720 145,489,070 145,489,070 145,489,070 131,130,420 Personal property 185,216,100 192,666,600 192,666,600 192,666,600 191,116,230 Other 163,820 199,040 199,040 199,040 123,030

2,134,044,550 2,420,700,020 2,420,700,020 2,420,700,020 2,471,944,270 Adjustments (9,211,693) (20,669,910) (20,669,910) (20,669,910) (27,229,030)

MILL LEVYGeneral 0.500 0.500 0.500 0.500 0.500Temporary Mill Levy Reduction (0.029) (0.049) (0.049) (0.049) (0.022)Refund and abatements 0.002 0.002 0.002 0.002 0.000

Total mill levy 0.473 0.453 0.453 0.453 0.478

PROPERTY TAXESGeneral 1,062,416$ 1,200,015$ 1,200,015$ 1,200,015$ 1,222,358$ Temporary Mill Levy Reduction (61,620) (117,601) (117,601) (117,601) (53,784) Refund and abatements 4,250 4,800 4,800 4,800 -

Levied property taxes 1,005,046 1,087,214 1,087,214 1,087,214 1,168,574 Adjustments to actual/rounding (2,438) - (7,922) - - Refunds and abatements - - - - - Budgeted property taxes 1,002,608$ 1,087,214$ 1,079,292$ 1,087,214$ 1,168,574$

BUDGETED PROPERTY TAXESGeneral 1,769,270$ 1,933,296$ 1,913,974$ 1,933,296$ 2,081,075$

1,769,270$ 1,933,296$ 1,913,974$ 1,933,296$ 2,081,075$

CHERRY CREEK BASIN WATER QUALITY AUTHORITYPROPERTY TAX SUMMARY INFORMATION





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BEGINNING FUND BALANCE 1,134,582$ 947,491$ 1,108,472$ 1,108,472$ 924,942$

REVENUEProperty taxes 1,769,270 1,933,296 1,913,174 1,933,296 2,081,075 Specific ownership tax 176,532 193,330 130,557 175,000 166,486 Interest income 20,685 20,000 36,025 48,000 30,000 Contributed capital 9,438 - - - -

Total revenue 1,975,925 2,146,626 2,079,756 2,156,296 2,277,561


EXPENDITURESGeneral and administrative

Accounting 41,973 34,000 37,335 50,000 43,500 Auditing 10,773 14,000 6,200 6,200 6,500 County Treasurer's fee 26,571 28,999 28,715 28,999 31,216 Dues and licenses 1,347 1,500 1,585 1,585 1,500 Insurance and bonds 10,166 10,200 8,764 8,764 12,000 Management/administration 80,543 120,000 70,452 95,000 150,000 Legal services 43,678 55,000 49,598 70,000 65,000 Office/miscellaneous expense 3,833 5,000 68 1,000 5,000 TAC coordination 8,000 10,000 5,333 10,000 10,000 CC Stewardship Partners 25,000 25,000 19,000 25,000 27,500 Information & education coordination 8,111 5,000 5,417 7,500 5,000 CCBWQA website 5,050 5,100 2,400 4,000 5,000 WQCC regulation hearings 184 500 9,003 12,000 15,000 Equipment 9,438 - - - -

274,667 314,299 243,870 320,048 377,216 Watershead Management

Annual report 32,118 27,000 27,583 35,000 31,500 Data management 27,811 36,000 28,219 36,000 49,700 General watershed management 123,130 110,000 112,261 150,000 139,500

183,059 173,000 168,063 221,000 220,700 Sampling and Analysis Program

General technical support 102,731 80,000 44,289 60,000 60,000 Monitoring - Reservoir 96,383 110,000 81,733 110,000 110,000 Monitoring - Watershed 83,341 104,000 59,869 80,000 85,000 Data management - 27,000 22,197 30,000 65,000

282,455 321,000 208,088 280,000 320,000 Special Projects

Studies - undesignated 98,698 325,000 98,522 133,000 90,000 Special projects - RDS study - - - 22,000 20,000 Special projects - reservoir model runs - - - 60,000 110,000 Special projects - watershed model runs - - - 10,000 80,000 Special projects - n:p reservoir model run - - - - -

98,698 325,000 98,522 225,000 300,000

Total expenditures 838,879 1,133,299 718,543 1,046,048 1,217,916

TRANSFERS OUTTransfers to Pollution Abatement Fund 1,163,156 1,287,976 1,228,876 1,293,778 1,366,537


ENDING FUND BALANCE 1,108,472$ 672,842$ 1,240,809$ 924,942$ 618,050$

EMERGENCY RESERVE 59,300$ 64,400$ 62,400$ 64,700$ 68,300$ TOTAL DESIGNATED RESERVE 59,300$ 64,400$ 62,400$ 64,700$ 68,300$


CHERRY CREEK BASIN WATER QUALITY AUTHORITYGENERAL FUND




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BEGINNING FUND BALANCE 231,758$ 437,805$ 601,023$ 601,023$ 840,861$

REVENUEInterest income 565 5,000 753 1,000 1,000 Reimbursed expenditures 1,059 - - - -

Total revenue 1,624 5,000 753 1,000 1,000

TRANSFERS INTransfers from General Fund 1,163,156 1,287,976 1,228,876 1,293,778 1,366,537 Transfers from Enterprise Fund 299,469 288,060 238,755 321,060 324,060

Total transfers in 1,462,625 1,576,036 1,467,631 1,614,838 1,690,597



Management/administration 157,174 255,000 158,465 255,000 225,000 Stream corridor preservation 438 25,000 - 25,000 25,000

157,612 280,000 158,465 280,000 250,000 Pollution Reduction Facilities - O&M

PRF monitoring 1,210 18,000 - - - PRF revegetation 2,343 82,000 19,415 40,000 7,000 PRF weed control 6,626 - - 4,000 7,000 PRF rehabilitation - 83,000 - - 50,000 PRF reservoir destratification - 93,000 22,600 93,000 50,000 PRF wetland harvesting - - - - 40,000

10,179 276,000 42,015 137,000 154,000 Reservoir Projects

Meteorological station - 20,000 - - 20,000 Utilities - reservoir destratification 33,342 40,000 - 20,000 67,000 O&M - reservoir destratification 4,532 - - - 85,000 Reservoir shoreline stablization - west shade shelter - - - - 530,000 Reservoir shoreline stabilization - General 77 120,000 - 25,000 91,000

37,951 180,000 - 45,000 793,000 Stream Reclamation Projects

Stream reclamation - Piney Creek 860,815 500,000 500,000 500,000 - Stream reclamation - CCSP to Eco Park 2,858 - - - - Stream reclamation - CC 12-Mile Park Phase II 25,569 - - - - Stream reclamation - CCSP Reach I - 230,000 - 110,000 350,000 Stream reclamation - CCSP Reach II - 270,000 270,000 270,000 - Stream reclamation - McMurdo Gulch - 34,000 34,000 34,000 386,000 Stream reclamation - CC Scott Road - - - - 170,000 Stream reclamation - Lone Tree Creek - - - - 65,000

889,242 1,034,000 804,000 914,000 971,000

Total expenditures 1,094,984 1,770,000 1,004,480 1,376,000 2,168,000


ENDING FUND BALANCE 601,023$ 248,841$ 1,064,927$ 840,861$ 364,458$

CHERRY CREEK BASIN WATER QUALITY AUTHORITYPOLLUTION ABATEMENT FUND





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BEGINNING FUND BALANCE 974,062$ 1,134,102$ 1,180,432$ 1,180,432$ 1,269,472$

REVENUERecreation fees 212,905 200,000 191,414 215,000 200,000 Building permit fees 196,569 150,000 150,756 200,000 200,000 Wastewater surcharge 109,463 120,000 77,027 100,000 120,000 Other revenue - 100 - 100 100 Interest income 12,278 10,000 16,404 20,000 20,000

Total revenue 531,215 480,100 435,601 535,100 540,100



Information & education (signage) 6,190 30,000 3,225 15,000 - Equipment 19,186 20,000 6,475 10,000 60,000 Contingency - 250,000 - 100,000 100,000

Total expenditures 25,376 300,000 9,700 125,000 160,000

TRANSFERS OUTTransfers to Pollution Abatement Fund 299,469 288,060 238,755 321,060 324,060

Total expenditures and transfers out requiring appropriation 324,845 588,060 248,455 446,060 484,060

ENDING FUND BALANCE 1,180,432$ 1,026,142$ 1,367,578$ 1,269,472$ 1,325,512$

FACILITIES MAINTENANCE RESERVE 25,000$ 25,000$ 25,000$ 25,000$ 25,000$ CAPITAL RESERVE 250,000 250,000 250,000 250,000 750,000 TOTAL DESIGNATED RESERVE 275,000$ 275,000$ 275,000$ 275,000$ 775,000$

CHERRY CREEK BASIN WATER QUALITY AUTHORITYENTERPRISE FUND

2019 BUDGETWITH 2017 ACTUAL AND 2018 ESTIMATED




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7

Services Provided

Cherry Creek Basin Water Quality Authority (the Authority) is a quasi-municipal corporation and political sub-division of the State of Colorado. Formed on June 16, 1988, the Authority was created by Colorado HB1029 to monitor the water quality in the Cherry Creek Basin and to construct facilities to control the accumulation of pollutants.

The District has no employees and all operations and administrative functions are contracted.

The District prepares its budget on the modified accrual basis of accounting in accordance with the requirements of Colorado Revised Statues C.R.S. 29-1-105 using its best estimates as of the date of the budget hearing. These estimates are based on expected conditions and its expected course of actions. The assumptions disclosed herein are those that the Authority believes are significant to the budget. There will usually be differences between the budget and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. For financial statement reporting under generally accepted accounting principles (GAAP), the Authority uses the full accrual basis of difference from GAAP accounting for Fund Balance. Funds Available represents each fund’s current assets less its current liabilities except for the current portion of long-term debt. In addition, the budget separates individual funds which are included as one entity in the GAAP presentation.

Colorado Revised Statute 25-8.5-111(3), as amended by Senate Bill 01-066 in 2001, states that the Authority must spend a minimum of 60% of revenues (collected from fees, tolls, and property tax) on the construction and maintenance of pollution abatement projects in the Cherry Creek Basin or on payments due on debt incurred entirely for such projects. The minimum pollution abatement expenditure requirement is not restricted by fund, but is applied to the Authority as a whole.

Revenues

Property Taxes

The primary source of revenue is property taxes. Property taxes are levied by the Authority’s Board of Directors. The levy is based on assessed valuations determined by the County Assessor generally as of January 1 of each year. The levy is normally set by December 15 by certification to the County Commissioners to put the tax lien on the individual properties as of January 1 of the following year. The County Treasurer collects the determined taxes during the ensuing calendar year. The taxes are payable by April or, if in equal installments, at the taxpayer’s election, in February and June. Delinquent taxpayers are notified in August and generally sales of the tax liens on delinquent properties are held in November or December. The County Treasurer remits the taxes collected monthly to the Authority.

The calculation of the taxes levied is displayed on the Property Tax Summary Information page of the budget.

Specific Ownership Taxes

Specific ownership taxes are set by the State and collected by the County Treasurer, primarily on vehicle licensing within the County as a whole. The specific ownership taxes are allocated by the County Treasurer to all taxing entities within the County. The budget assumes that the Authority’s share will be equal to approximately 8% of the property taxes collected.


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8

Revenues - (continued)

Net Investment Income

Interest earned on the Authority's available funds has been estimated based on an average interest rate of approximately 2.0%.

Fees

The Authority receives recreation fees from the State of Colorado. These fees are a portion of the entry fees to Cherry Creek State Park. The fees are remitted to the Authority on a monthly basis.

The Authority receives building permit fees from various governmental entities that reside within the Authority’s borders. These fees are typically remitted on a quarterly basis.

The Authority receives wastewater surcharges from the surrounding water and sanitation districts that operate wastewater treatment facilities and discharge into the Cherry Creek Basin. These surcharges are remitted to the Authority on a quarterly basis by each District.

Expenditures

Administrative and Operating Expenditures

Operating expenditures include the estimated services necessary to maintain the District’s administrative viability such as legal, management, accounting, insurance, banking, meeting expense and other administrative expenses. Estimated expenditures related to water quality management were also included in the General Fund budget.

Capital Projects

Anticipated expenditures for capital projects are detailed on the Pollution Abatement Fund page of the budget.

Debt and Leases

The Authority has no bond indebtedness or any operating or capital leases.

Reserves

Emergency Reserve

The Authority has provided for an Emergency Reserve equal to at least 3% of fiscal year spending as defined under the TABOR Amendment.

Facilities Maintenance Reserve

The Authority has provided for a facilities maintenance reserve of $25,000 for use in subsequent year capital maintenance projects.


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9

Reserves - (continued)

Capital Reserve

The Authority has provided for a total capital reserve of $750,000 for use in subsequent year capital replacement projects.

This information is an integral part of the accompanying budget.


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RESOLUTION 2018-11-01

________________________________________________________________________

A RESOLUTION ESTABLISHING THE RATES, FEES AND CHARGES OF THE CHERRY CREEK BASIN WATER QUALITY AUTHORITY FOR CALENDAR YEAR 2019________________________________________________________________________

WHEREAS, the Board of Directors of the Cherry Creek Basin Water Quality Authority has, pursuant to §25-8.5-111(n) and (o), C.R.S., and §25-8.5-101(3), C.R.S., established rates, fees and charges to recover a portion of the cost of water quality preservation services and facilities furnished by the Authority from those persons and activities that benefit from such services and facilities; and

WHEREAS, the Board has published notice of and conducted a public hearing on the Authority’s proposed 2019 budget; and

WHEREAS, prior to adopting the 2019 budget and before levying any tax for collection during the 2019 budget year, the Authority must establish its rates, fees and charges for 2019.

NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Cherry Creek Basin Water Quality Authority of Arapahoe and Douglas Counties, Colorado as follows:

Section 1. Building Permit Fee. For calendar year 2019 the Building Permit Fee shall remain the same and shall continue to be assessed as follows:

(a) Single Family Residence $60.00

(b) The building “footprint” of all buildings(excluding any single family residence),regardless of use or purpose, includingbut not limited to multi-family, commercial,office, recreational, religious, educationaland industrial buildings $.04\sq. ft.

Section 2. Cherry Creek Reservoir User Fee. For calendar year 2019 the Cherry Creek Reservoir User Fee shall remain the same and shall continue to be assessed as follows:

(a) Annual State Parks Pass, Cherry Creek Basin add-on $3.00

(b) One Day State Parks Pass, Cherry Creek Basin add-on $1.00

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Section 3. Disturbed Lands Fee. For calendar year 2019 the Cherry Creek Basin Water Quality Authority shall not assess a Disturbed Lands Fee.

Section 4. Wastewater Effluent Fee. For calendar year 2019 the Wastewater Effluent Fee shall remain the same and shall continue to be assessed at the rate of $0.05 per thousand gallons of wastewater effluent discharge within the boundaries of the Cherry Creek Basin Water Quality Authority.

Section 5. Effective Date. The rates, fees and charges as hereby reaffirmed and adopted by this Resolution shall be in effect as of January 1, 2019, and shall remain in effect until further action of the Authority’s Board of Directors.

Section 6. Delegation of Collection Authority. The Authority desires that each municipality and county having territory within Authority boundaries assist the Authority in the collection of its Building Permit Fee. Accordingly, the Authority hereby delegates to each such municipality and county full power and authority to collect on the Authority’s behalf or assist the Authority with the collection of the Authority’s Building Permit Fee attributable to new construction and development located within that portion of each such entities boundaries that overlap the boundaries of the Authority.

Section 7. Public Health and Necessity. The Authority Board hereby determines and finds that the adoption of this Resolution is necessary for and promotes the public health welfare and safety of the inhabitants and property within the Cherry Creek Basin Water Quality Authority.

ADOPTED AND EXECUTED this 15th day of November, 2018.


ByStephanie Piko, Chair

Attest:

John A. McCarty, Secretary

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ARAPAHOE AND DOUGLAS COUNTIES, COLORADO

________________________________________________________________________

A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE CHERRY CREEK BASIN WATER QUALITY AUTHORITY, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2019, AND ENDING ON THE LAST DAY OF DECEMBER, 2019________________________________________________________________________

WHEREAS, the Board of Directors of the Cherry Creek Basin Water Quality Authority (“Authority”) authorized CliftonLarsonAllen, LLP to prepare and submit a proposed budget to said governing body no later than October 15, 2018 in accordance with the local government budget law; and

WHEREAS, a proposed budget was submitted to the Board of Directors of the Authority for its consideration on or before said date; and

WHEREAS, said proposed budget was available for inspection by the public at the offices of CliftonLarsonAllen, LLP, located at 8390 E. Crescent Parkway, Suite 300, Greenwood Village, Colorado, and interested electors of the Authority were given the opportunity to file or register any objections to the proposed budget; and

WHEREAS, following due and proper notice published in accordance with law, a public hearing on the proposed budget was held on November 15, 2018, at 8:30 a.m., in the conference room of CliftonLarsonAllen, LLP, 8390 E. Crescent Parkway, Suite 200, Greenwood Village, CO 80111; and

WHEREAS, the proposed budget has been prepared to comply with all terms, limitations and exemptions, including, but not limited to reserve, transfer and expenditure exemptions under Article X, Section 20 of the Colorado Constitution and other laws which are applicable to or binding upon the Authority; and

WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law.

NOW, THEREFORE, BE IT RESOLVED BY the Board of Directors of the Cherry Creek Basin Water Quality Authority, Arapahoe and Douglas Counties, Colorado:

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Section 1. That the estimated expenditures and transfers out for each of the Authority’s funds for the calendar year beginning on the first day of January, 2019 and ending on the last day of December 2019 are as follows:

General Fund $2,584,453Enterprise Fund $ 484,060Pollution Abatement Fund $2,168,000

Total Expenditures and Transfers $5,236,513

Section 2. That the estimated revenues and transfers in for each of the Authority’s funds for the calendar year beginning on the first day of January, 2019 and ending on the last day of December 2019 are as follows:

General FundFrom 2018 estimated year-end fund balance $ 914,191From sources other than general property

tax revenue $ 196,486From general property tax revenue $2,081,075

Total General Fund Revenue $3,191,752

Enterprise FundFrom 2018 estimated year-end fund balance $1,322,472From sources other than general property

tax revenue $ 540,100From general property tax revenue $ 0

Total Enterprise Fund Revenue $1,862,572

Pollution Abatement FundFrom 2018 estimated year-end fund balance $ 802,059From general property tax revenue –

transfer from general fund $1,366,537From sources other than general property

tax revenue – transfer from Enterprise Fund $ 325,060Total Pollution Abatement Fund

Revenue and Transfers In $2,493,656

Total General Fund, Enterprise and Pollution Abatement Fund Revenue Including Transfers $7,547,980

Section 3. That the budget, as submitted, amended, herein summarized by fund and attached hereto as Exhibit A, is hereby approved and adopted as the budget for the

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Cherry Creek Basin Water Quality Authority for the calendar year beginning on the first day of January, 2019, and ending on the last day of December 2019.

Section 4. That the budget, is hereby approved and adopted, shall be certified by the Manager, the Chair, Secretary or other officer of the Authority, to all appropriate agencies, and is made a part of the public records of the Authority.

ADOPTED on the 15th day of November, 2018.


By:Stephanie Piko, Chair

Attest:


SEAL

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EXHIBIT A


2017 BUDGET AND BUDGET MESSAGE

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{00659355.DOCX / }




________________________________________________________________________

A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS IN THE AMOUNT AND FOR THE PURPOSE AS SET FORTH BELOW, FOR THE CHERRY CREEK BASIN WATER QUALITY AUTHORITY, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO, FOR THE 2019 BUDGET YEAR________________________________________________________________________

WHEREAS, the Board of Directors of Cherry Creek Basin Water Quality Authority (the “Authority”) adopted its annual budget for 2019 in accordance with the Local Government Budget Law, on November 15, 2018; and

WHEREAS, the Board of Directors of the Authority has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as set forth in said budget; and

WHEREAS, it is not only required by law, but also necessary to appropriate the revenues and reserves or fund balances provided in the budget to and for the purposes described below, thereby establishing a limitation on expenditures for the operations of the Authority;

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Cherry Creek Basin Water Quality Authority, Arapahoe and Douglas Counties, Colorado, as follows:

Section 1. That the following sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated:

General Fund $2,584,453Enterprise Fund $ 484,060Pollution Abatement Fund $2,168,000

Total Sums Appropriated $5,236,513

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Attest:


SEAL

37

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A RESOLUTION LEVYING PROPERTY TAXES FOR YEAR 2018 FOR COLLECTION IN 2019, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CHERRY CREEK BASIN WATER QUALITY AUTHORITY ARAPAHOE AND DOUGLAS COUNTIES, COLORADO, FOR THE 2019 BUDGET YEAR

WHEREAS, the Board of Directors of the Cherry Creek Basin Water Quality Authority (“Authority”) adopted its annual budget for 2019, in accordance with the Local Government Budget Law on November 15, 2018; and

WHEREAS, the 2018 valuation for assessment for the Authority, as certified by the Arapahoe County Assessor is $1,908,997,873; and as certified by the Douglas County Assessor is $2,444,715,240; and

WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $1,168,574; and

WHEREAS, the Authority has no outstanding bonded indebtedness.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Cherry Creek Basin Water Quality Authority, Arapahoe and Douglas Counties, Colorado;

Section 1. That for the purpose of meeting all general operating expenses of the Authority during the 2019 budget year, there is hereby levied a property tax of 0.478 mills (after a temporary mill levy reduction of 0.022 mills and including 0.000 mills for refunds and abatements) upon each dollar of the total valuation for assessment of all taxable property within the Authority to raise $1,168,574 in revenue.

Section 2. That since the Authority has no outstanding bonds, no tax is being levied for debt service purposes.

Section 3. That the Authority’s Manager or the Authority’s Chair, Secretary or Treasurer is hereby authorized and directed to immediately certify to the Board of County Commissioners of Arapahoe and Douglas Counties, State of Colorado (the “Board of County Commissioners”), the mill levies for the Authority as hereinabove determined and set, but as recalculated as necessary based upon the find (December) certification of valuation for Arapahoe and Douglas Counties in order to comply with any applicable revenue and other budgetary limits.

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By: Stephanie Piko, Chair

Attest:


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{00654561.DOCX / 2 }




A RESOLUTION ESTABLISHING CRITERIA FOR THE CLASSIFICATION OF AUTHORITY EXPENDITURES FOR THE PURPOSE OF COMPLYING WITH THE REQUIREMENTS OF SECTION 25-8.5-111(3), C.R.S.

WHEREAS, by statute, the mandate of the Chery Creek Basin Water Quality Authority (“Basin Authority”) includes the protection and preservation of the water quality in Cherry Creek and the Cherry Reservoir; and

WHEREAS, to accomplish its statutory purpose the Basin Authority has the power to: (i) establish rates, tolls, fees, charges and penalties for the Basin Authority’s functions, services, facilities and programs; (ii) establish in cooperation with the Department of Natural Resources fees for Cherry Creek Reservoir users; and (iii) levy and collect up to one-half of one mill against all taxable property located within the Basin Authority’s boundaries (hereinafter collectively referred to as “Revenue Sources”); and

WHEREAS, Section 25-8.5-111(3), C.R.S., provides that of the revenues collected by the Basin Authority from such Revenue Sources, a minimum of 60% on an annual basis are to be spent on the construction and maintenance of pollution abatement projects in the Cherry Creek Basin or upon payments due under loans or other debt incurred by the Basin Authority entirely for pollution abatement projects (“Pollution Abatement Expenditures”); and

WHEREAS, historically the Basin Authority has classified as Pollution Abatement Expenditures only those expenditures that are for: (i) the acquisition and/or construction of a physical pollution abatement structure or facility; or (ii) the maintenance of a physical pollution abatement structure or facility; and

WHEREAS, the Basin Authority’s enabling statute, Section 25-8.5-101, C.R.S. et seq., does not define the term “pollution abatement project”; and

WHEREAS, the Basin Authority has the power and authority, pursuant to Section 25-8.5-110(1)(b), C.R.S.: to make and pass resolutions and orders that are reasonably necessary for the governance and management of the affairs of the Basin Authority and for the execution of the powers vested in the Basin Authority and carrying out the provisions of Article 8.5 of Title 25, C.R.S.; and

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WHEREAS, for the purpose of facilitating the Basin Authority’s compliance with Section 25-8.5-111(3), C.R.S., the Board of Directors desires to adopt a definition of “Pollution Abatement Project” and a definition and criteria for the purpose of classifying expenditures as Pollution Abatement Expenditures.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Cherry Creek Basin Water Quality Authority, Arapahoe and Douglas Counties, Colorado;

Section 1. Pollution Abatement Project. A “Pollution Abatement Project” shall be any physical structure or facility that is planned, designed, and intended to directly reduce nutrients or other pollution in the Cherry Creek Reservoir, the Cherry Creek Watershed or both (collectively the “Watershed”). By way of explanation a Pollution Abatement Project is any created wetland, berm, swale, detention area, or stream reclamation area. However, the term also includes: (i) the acquisition of property and interest in property, including easements for the purpose of controlling or reducing nutrient loading or pollution in the Watershed; and (ii) the development of any new approach, analytical tool, educational approach, or other innovative method for treating or controlling nutrient loading or pollution in the Watershed such as, but not limited to, Reservoir modeling.

Section 2. Pollution Abatement Expenditure. An expenditure shall be classified as a Pollution Abatement Expenditure if it is reasonably necessary for the development, construction, acquisition, operation or maintenance of a Pollution Abatement Project, including the cost of labor, material, equipment, project management and construction observation, preliminary and final design, and right-of-way and permit acquisition costs, if applicable. Expenditures for the maintenance of a Pollution Abatement Project shall also be classified as a Pollution Abatement Expenditure. An Expenditure is for the maintenance of a Pollution Abatement Project if it is reasonably necessary for, or undertaken to maintain in a functioning condition, a Pollution Abatement Project.

Section 3. Non-Qualifying Expenditure. Any expenditure that is not directly related to the development, operation, acquisition, construction, or maintenance of a Pollution Abatement Project, shall not be classified as a Pollution Abatement Expenditure. By way of explanation and not limitation, the following expenditures shall not be considered Pollution Abatement Expenditures: expenditures for the general administration of the Authority, legal, accounting, insurance, as well as monitoring and sampling of the Watershed and/or Reservoir and time spent responding to referrals from land use, agencies, etc. Unless an expenditure is properly classified in accordance with this Resolution as being a Pollution Abatement Expenditure, it shall not be treated as satisfying the 60% expenditure requirement set forth in Section 25-8.5-111(3), C.R.S.

Section 4. Interpretation. This Resolution is adopted for the purpose of enabling the Basin Authority to comply with the spending mandate of Section 25-8.5-

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{00654561.DOCX / 2 } 3

111(3), C.R.S., and shall be liberally interpreted to accomplish its intended purpose as the mandate now exists or may hereafter be amended from time to time. This Resolution is a companion resolution to and is complementary with and shall not in any way supersede or modify the provisions of Resolution 03-11-1, as the same now exists or hereafter may be amended from time to time, and which was originally adopted by the Basin Authority in November of 2003 to establish a Pollution Abatement Fund. Said Resolution provides that any appropriated expenditures for Pollution Abatement Projects, not actually spent during the year for that purpose shall be classified and accounted for as a Pollution Abatement Expenditure so long as said funds are actually spent on a Pollution Abatement Project within five years from the end of the calendar year in which said funds, including interest thereon were allocated for the Pollution Abatement Project Fund.

Section 5. Effective Date. This Resolution shall be effective as of the date and year set forth below and shall remain in full force and effect without any further action of the Board of Directors.

ADOPTED at a regular meeting of the Board of Directors on _______________, 2018.



Attest:


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CONSULTANT AGREEMENTFOR

WATERSHED CONSULTING SERVICES

THIS CONSULTANT AGREEMENT FOR WATERSHED CONSULTING SERVICES (“Agreement”) is entered into as of the 15th day of November, 2018, to be effective as of January 1, 2019, between the CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado (“Authority”), whose address is c/o CliftonLarsonAllen, LLP, 8390 Crescent Parkway, Suite 300, Greenwood Village, Colorado 80111, and LEONARD RICE ENGINEERS, INC., a Colorado corporation (“Consultant”) whose address is 1221 Auraria Parkway, Denver, Colorado 80204. Consultant and Authority may hereinafter singularly be referred to as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, the Authority was established for the purpose of preserving and protecting the water quality in the Cherry Creek Reservoir (“Reservoir”) and the Cherry Creek Watershed (“Watershed”); and

WHEREAS, in furtherance of its purposes, the Authority has retained and continues to retain, from time to time, numerous technical consultants; and

WHEREAS, Authority desires to receive watershed monitoring and consulting services from Consultant for calendar year 2019 in accordance with the terms and conditions of this Agreement; and

WHEREAS, Consultant represents that it has the personnel and expertise necessary to perform such services for Authority in a competent and timely manner.

NOW, THEREFORE, in consideration of the promises set forth herein, Authority and Consultant agree as follows:

1. Scope of Services. Subject to the provisions of Paragraph 5 below, Consultant agrees to perform the services described in the Scope of Services attached hereto as Exhibit A (consisting of 9 pages) and incorporated herein by this reference, together with all necessary labor, materials, scheduling, procurement and relating work and services, including all things reasonably inferable from the Scope of Services as may be necessary to complete the totality of the obligations imposed upon Consultant by this Agreement (collectively the “Services”). The Services will be performed in accordance with this Agreement including the Scope of Services; provided, however, that in the event of a conflict or inconsistency between the terms and provisions of the Scope of Services and the text of this Agreement, the text of this Agreement shall control.

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2. Notice to Proceed. Provided Authority has received satisfactory Certificates of Insurance as required by paragraph 16 below, Consultant is authorized to provide the Services; except that Consultant will not perform Task 5 or any other Task identified in the Scope of Services as being Optional, or as requiring prior approval, until Consultant receives specific written direction from the Authority directing Consultant to proceed with the such Task.

3. Completion Date. Consultant shall give this Agreement and the Services to be performed hereunder such priority as is necessary to cause the Services to be timely and promptly performed in accordance with the time periods contemplated or expressly provided for in the Scope of Services. At any time during the term of this Agreement Authority may request and Consultant shall, within twenty (20) days of such request, submit for Authority’s approval a written schedule for the completion of the various Tasks which comprise the Services. Unless delayed by acts or the failure to act of Authority or other causes beyond the control of Consultant, and without extending any deadline established elsewhere in this Agreement or otherwise, all Services required under this Agreement shall be entirely completed to Authority’s reasonable satisfaction and all deliverables as set forth in the Scope of Services shall be delivered to Authority no later than December 31, 2019.

3.1 Deliverables. Without in anyway limiting the deliverables as described in the Scope of Services, Consultant shall provide the Authority with an electronic and up to five hard copies of all final product documents and reports prepared by Consultant pursuant to this Agreement. In addition, all deliverables shall comply with such reasonable requirements as the Authority’s Manager may establish from time to time provided those requirements are communicated in writing to Consultant no later than twenty (20) days following the execution of this Agreement by both Parties.

4. Responsibility for Services. The Authority shall not supervise the work of Consultant or instruct the Consultant on how to perform the Services. Consultant shall be fully responsible for the professional quality, technical accuracy, timely completion and coordination of Services including all work and reports that are a part thereof, whether such work is performed directly by Consultant or by any subconsultant or subcontractor hired by Consultant and approved Authority in accordance with Paragraph 12 below. Without additional compensation and without limiting Authority’s remedies, Consultant shall promptly remedy and correct any errors, omissions, or other deficiencies in the Services. Consultant warrants that all Services provided under this Agreement shall be performed with competence and in accordance with the standard of care of Consultant’s profession prevailing in Colorado.

5. Compensation. Authority shall compensate Consultant in accordance with Consultant’s hourly rates and reimbursable costs as set forth on Exhibit B (consisting of 1 page) attached hereto and incorporated herein by this reference; provided, however, that the total amount of compensation that Consultant shall receive under this Agreement for

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the performance of Tasks 1 through 7 inclusive, shall not exceed $220,700 without the expressed written consent of the Authority. If Consultant is requested to perform any work that is outside the Scope of Services as herein defined, or that will cause the estimated time to perform any work that is part of the Services to be increased, Consultant will immediately notify Authority in writing and will not perform such work until authorized to do so in writing by Authority’s representative.

The compensation to be paid Consultant under this Agreement is entire and complete and includes any and all reimbursable and other costs as set forth, and only as set forth on Exhibit B. Consultant further represents and agrees that the reimbursable costs to Authority together with any approved subconsultant or approved subcontractor costs are at Consultant’s actual cost and do not include any additional mark-up whatsoever. It is understood and agreed that Consultant will contract with and pay directly all approved subconsultants or approved subcontractors retained by Consultant for the performance of any Services or portion thereof.

5.1 Rates and Employee Categories. The Scope of Services sets forth the estimated man hours for each Task and the category of Consultant’s employees that are expected to perform work under this Agreement. Exhibit B sets forth the hourly rates for each category of Consultant’s employee that will be performing work under this Agreement. Consultant agrees that all labor performed hereunder shall be performed for an hourly rate and by the category of the employee as identified in the Scope of Services and Exhibit B, except that if any work is performed by an employee whose hourly rate is less than the rate described in Exhibit B, Authority shall be charged the lesser rate. Further, should any employee’s job category or classification change during the term of this Agreement, that change shall not in any way affect or modify the employee’s billing rate under this Agreement unless the billing rate has been reduced as a result of such job reclassification, in which case the reduced billing rate shall be applied for purposes of the invoices prepared and submitted to the Authority.

6. Method of Payment. Consultant shall provide an invoice each month for the Services completed for the period of the 26th of each month through the 25th of the following month. Each invoice shall be submitted only for those Services actually performed during the period for which the invoice is submitted. Consultant shall submit with each invoice such supporting documentation as Authority may reasonably request. Each invoice submitted by Consultant shall constitute a representation to Authority that the Services are completed to the point as represented in the billing invoice. Unless Consultant does not properly perform the Services, invoices will be paid within thirty (30) to forty-five (45) days after receipt. Authority shall have the right to refuse to pay all or a portion of any invoice that is inconsistent with this Agreement. Authority may delay payment until it can verify the accuracy of an invoice, obtain releases or waivers with respect to Services covered in the invoice, or resolve a dispute with Consultant regarding an invoice.

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Notwithstanding the foregoing, Consultant’s invoice for work performed during the month of December shall include all work performed up to and including the last day of the month or, in the alternative, Consultant may submit two invoices for December. The first invoice shall be for work performed through the 26th day of the month and the second invoice shall be for work performed for 27th day of the month through the end of the month.

7. Conflict of Interest. Consultant agrees that it shall notify the Authority of potential conflicts and determine if an informed consent agreement is acceptable between the parties. Consultant agrees that it shall not accept any employment during the term of this Agreement that creates a conflict of interest or compromises the effectiveness of Consultant or otherwise interferes with the ability of Consultant to perform the Services required by this Agreement.

8. Records and Audits. Consultant shall at all times maintain a system of accounting records in accordance with its normal billing procedures, together with supporting documentation for all work, purchases, Services and billings under this Agreement. Consultant shall make available for audit and reproduction by Authority all records, in whatever form, related to the Services. Consultant shall provide such availability during the term of this Agreement and for two (2) years after final payment. Consultant shall refund to Authority any charges determined by Authority’s audit to be inconsistent with this Agreement.

9. Confidentiality of Information. Except as required by law or as is necessary for the performance of the Services, Consultant shall retain in strictest confidence all information furnished by Authority and the results of any reports or studies conducted as a result of this Agreement, along with all supporting work papers and any other substantiating documents. Consultant shall not disclose such information to others without the prior written consent of Authority’s representative. Notwithstanding the foregoing, Consultant shall have no confidentiality obligation with respect to information that: (i) becomes generally available to the public other than as a result of disclosure by Consultant or its agents or employees; (ii) was available to Consultant on a nonconfidential basis prior to its disclosure by Authority; and (iii) becomes available to Consultant from a third party who is not, to the knowledge of Consultant, bound to retain such information in confidence.

10. Ownership of Work Product and Documents. All printed materials and electronic documents produced as a result of the Services performed under this Agreement shall become the sole property of Authority after payment to Consultant and may not be used, sold or disposed of by Consultant in any manner without prior written consent of Authority, except that Consultant my use and reproduce such materials and documents for purposes solely relating to Consultant’s performances of Services under this Agreement including but not limited to Consultant’s archival records.

The Authority acknowledges that the Consultant’s work papers and preliminary documents are Consultant’s instruments of service. Nevertheless, the final documents

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prepared under this Agreement shall become the property of the Authority upon completion of the Services and payment in full of all monies due to the Consultant. The Authority agrees, to the fullest extent permitted by law but without waiving any of the protections immunities and defenses available to Authority under the Colorado Governmental Immunity Act to indemnify and hold Consultant, its officers, directors, employees and subconsultants (collectively, the Consultant) harmless from and against any damages, liabilities or costs, including reasonable attorneys’ fees, arising out of Authority’s negligent or wrongful use of such materials and final documents.

Under no circumstances shall the transfer of ownership of the Consultant’s drawings, specifications, electronic files or other instruments of service be deemed a sale by the Consultant that contains any warranties, either express or implied, of merchantability and fitness for any particular purpose.

11. Changes in Services. Authority and, in particular, the Authority’s manager shall have the right to order additions, deletions or changes in the Services at any time and for any reason, but especially for purposes of improving coordination between the Authority’s consultants and eliminating the duplication of Services. Requests for material changes in the Services may be made by Authority’s representative orally or in writing; provided, however, that oral requests shall be confirmed by a written request within ten (10) days after the oral request. If Authority directs Consultant to proceed with a material change, Consultant shall be paid for the change as agreed to by the Parties.

12. Approval of Subconsultants. Consultant shall not employ any subconsultant or subcontractor without the prior written approval of Authority’s representative nor shall Consultant assign any rights or obligations under this Agreement in whole or in part without the Authority’s prior written approval which may be withheld for any reason. Consultant shall be responsible for the coordination, accuracy and completeness of all Services in accordance with generally accepted principles and practices of Consultant’s profession, regardless of whether the Services are performed by Consultant or one or more subconsultants. Consultant shall endeavor to bind each of its approved subcontractors or approved subconsultants, if any, to the terms of this Agreement. In the event that a subconsultant or subcontractor is unwilling or unable to comply with any term or provision of this Agreement, Consultant will inform Authority of the specific term or provision at issue. Authority may accept the lack of compliance to the terms of this Agreement on the part of the subconsultant or subcontractor, or may request that a different subconsultant or subcontractor be retained. This Agreement may be terminated by Authority if subcontracted or assigned, either in whole or in part, by the Consultant without the express written consent of Authority’s representative.

13. Independent Contractor. In the performance of the Services, Consultant shall be, for all purposes, an independent contractor and not an employee or agent of Authority. Consultant and its employees and subconsultants shall in no way represent themselves to third parties as agents or employees of Authority.

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14. No Unemployment Insurance or Workers’ Compensation Benefits. Consultant agrees that it is not entitled to unemployment insurance or workers’ compensation benefits as a result of performance of the Services for Authority. Consultant is required to provide workers’ compensation and unemployment insurance benefits for its employees and/or subconsultants as required by law.

15. Payment of Taxes. Consultant is solely liable for any federal, state and local income and withholding taxes, unemployment taxes, FICA taxes and workers’ compensation payments and premiums applicable to the performance of the Services under this Agreement. Consultant shall indemnify Authority for any liability resulting from nonpayment of such taxes and sums.

16. Insurance. Neither the Consultant nor any subconsultant, agent, or employee thereof shall continue work on any Services until the following minimum insurance coverages have been obtained:

16.1 Workers’ Compensation Insurance. The Consultant and each subconsultant and each subcontractor, if any, shall carry workers’ compensation insurance to cover liability under the laws of the State of Colorado in connection with the Services performed pursuant to this Agreement. Consultant and each subconsultant or subcontractor shall carry separate policies.

16.2 Commercial General Liability Insurance. The Consultant and each subconsultant and subcontractor, if any, shall carry commercial general liability insurance, which shall include blanket contractual liability coverage. Such insurance shall be in an amount specified in the Colorado Governmental Immunity Act, § 24-10¬101, et. seq., C.R.S., as may be amended from time to time (currently $387,000 per person, $1,093,000 per occurrence for bodily injury and property damage).

16.3 Automobile Liability Insurance. The Consultant and each subconsultant and subcontractor, if any, shall carry automobile liability insurance to include owned, non-owned and hired vehicles used in the performance of Services under this Agreement. Such insurance shall be in the amounts specified in the Colorado Governmental Immunity Act § 24-10-101, et. seq., C.R.S., as it may be amended from time to time (currently $387,000 per person, $1,093,000 per occurrence for bodily injury and property damage).

16.4 Professional Liability Insurance. The Consultant and each subconsultant and subcontractor, if any, shall carry professional liability insurance in the amount of $1,000,000 per claim and aggregate limit, unless an alternate amount is agreed to in writing by the Authority.

Prior to commencing any Services under this Agreement, Consultant shall provide Authority a Certificate of Insurance evidencing the policies required by this paragraph as

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well as the amounts of coverage for the respective types of coverage required. The required commercial general liability and automobile policies shall: (1) name the Authority as an additional insured for coverage only, with no premium payment obligation; (2) provide a cross-liability/severability of interest clause; and (3) provide that the coverage for the Authority will not be impaired by the Consultant’s subconsultant’s or subcontractor’s failure to comply with any of the terms or conditions of the policy.

The Consultant and each subconsultant and subcontractor, if any, shall provide Certificates of Insurance (and renewals thereof) identifying this Agreement and demonstrating that the required coverages have been obtained. The Consultant shall not allow any subcontractor, agent or employee to commence work until appropriate Certificates of Insurance have been obtained and approved by the Authority. The coverages specified in each Certificate of Insurance shall not be terminated, reduced, or modified without providing at least thirty (30) prior written days notice to the Authority.

17. Compliance with Laws.

17.1 Illegal Aliens. In performing this Agreement, Consultant shall comply with all applicable laws, rules and regulations, including but not limited to all federal, state and local laws. By way of explanation and not limitation, Consultant certifies that Consultant shall comply with the provisions of § 8-17.5-101, et seq., C.R.S. Consultant shall not knowingly employ or contract with an illegal alien to perform Services under this Agreement, or enter into a contract with a subconsultant or subcontractor that knowingly employs or contracts with an illegal alien. Consultant represents, warrants and agrees that: (i) it has confirmed the employment eligibility of all employees who are newly hired for employment to perform Service under this Agreement through participation in either the E-Verify Program or the Department Program described in § 8-17.5-101, C.R.S. Consultant shall not use either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Consultant obtains actual knowledge that a subconsultant performing Services under this Agreement knowingly employs or contracts with an illegal alien, the Consultant shall: (i) notify the subconsultant and Authority within three (3) days that Consultant has actual knowledge that the subconsultant is employing or contracting with an illegal alien; (ii) terminate the subcontract with the subconsultant if within three (3) days of receiving such notice, the subconsultant does not stop employing or contracting with the illegal alien, unless the subconsultant provides information to establish that the subconsultant has not knowingly employing or contracting with an illegal alien. Consultant shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If Consultant fails to comply with any requirement of § 8¬17.5-102(2), C.R.S., the Authority may terminate this Agreement for breach, and Consultant shall be liable for actual damages to Authority. If the Consultant participates in the Department Program, Consultant shall provide the affirmation required under § 8- 17.5-102(5)(e)(III), C.R.S. to the Authority.

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18. Communications. It is understood by Authority and Consultant that successful progress under this Agreement requires frequent, concise and documented communication between the Party’s representatives. Authority hereby designates Chuck Reid, its manager, who shall give information to and receive information from Consultant. Authority may change its designated representative or name additional representatives from time to time.

Consultant hereby designates Katie Fendel, as its representative who will give information to and receive information from Authority. Consultant may change its designated representative only with the prior written approval of Authority. Each designated representative shall have full authority to not only accept and receive information but also to accept notices, give approvals and to fully represent its respective Party for all purposes under this Agreement; except that for the Consultant all contract documents must be executed by the President or Treasurer of the Consultant.

19. Indemnification. The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Authority, its officers, directors and employees (collectively, the “Authority”) from and against any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Consultant’s negligent performance of Services under this Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable.

20. Acceptance Not a Waiver. The Authority’s approval of studies, drawings, designs, plans, specifications, reports, computer programs and other work or material shall not in any way relieve Consultant of responsibility for the technical accuracy of the Services. The Authority’s approval or acceptance of, or payment for, any Services shall not be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement.

21. Termination or Suspension. The Authority reserves the exclusive right to terminate or suspend all or a portion of the Services under this Agreement by giving fourteen (14) days written notice to the Consultant. If any portion of the Services shall be terminated or suspended, the Authority shall pay the Consultant equitably for all services properly performed pursuant to this Agreement. If the work is suspended and the Consultant is not given an order to resume work within sixty (60) days from the effective date of the suspension, this Agreement will be considered terminated. Upon termination, the Consultant shall immediately deliver to the Board any documents then in existence, that have been prepared by the Consultant pursuant to this Agreement.

22. Default. Each and every term and condition of this Agreement shall be deemed to be a material element of this Agreement. In the event either Party shall fail or refuse to perform according to the material terms of this Agreement, such Party may be declared in default by the other Party by a written notice.

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23. Remedies. In the event a Party has been declared in default, such defaulting Party shall be allowed a period of fifteen (15) days within which to correct, or commence correcting the default. In the event that the default has not been corrected or begun to be corrected, or the defaulting Party has ceased to pursue the correction with due diligence, the Party declaring default may elect to (a) terminate this Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail itself of any other remedy at law or in equity.

24. Term. Unless sooner terminated in accordance with the provisions of paragraph 21 above, this Agreement shall remain in effect until the Services are fully performed, at which time the Agreement shall terminate and be of no further force and effect, except as to those provisions which survive termination, including but not limited to paragraphs 8, 9, 10, and 19.

25. Force Majeure. The Parties shall not be responsible for any failure or delay in the performance of any obligations under this Agreement caused by acts of God, flood, fire, war or public enemy or the failure of Authority to furnish timely information or to approve or disapprove Consultant’s instruments of service within a reasonable period of time.

26. Assignment. Subject to the provisions of paragraph 12, this Agreement shall bind and inure to the benefit of the Parties and their respective successors and assigns.

27. No Third Party Beneficiaries. This Agreement is intended to benefit only the Parties and neither subconsultants, subcontractors nor suppliers of Consultant nor any other person or entity is intended by the Parties to be a third party beneficiary of this Agreement.

28. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Colorado.

29. Notice. All notices required or given under this Agreement shall be in writing, and shall be deemed effective: (a) when delivered personally to the other Party; or (b) seven (7) days after being deposited in the United States mail, first-class postage prepaid, properly addressed as follows; or (c) when sent by facsimile transmission and receipt is confirmed by return facsimile transmission.

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If to Consultant: Katie Fendel, P.E.Leonard Rice Engineers, Inc.1221 Auraria ParkwayDenver, Colorado 80204

If to Authority: Chuck ReidCliftonLarsonAllen, LLP8390 E. Crescent Parkway, Suite 500Greenwood Village, Colorado 80111

With a copy to: Timothy J. FlynnCollins Cockrel & Cole390 Union Boulevard, Suite 400Denver, Colorado 80228-1556

Or such other persons or addresses as the Parties may designate in writing.

30. Governmental Immunity. The Parties understand and agree that the Authority is relying upon, and has not waived, the monetary limitations of $387,000 per person, $1,093,000 per occurrence, and all other rights, immunities and protections provided by the Colorado Governmental Immunity Act § 24-10-101 et. seq., C.R.S., as it may be amended from time to time.

31. No Multiple Fiscal Year Obligations. No provision of this Agreement shall be construed or interpreted as creating an indebtedness or a multiple fiscal year direct or indirect debt, or other multiple year financial obligation whatsoever of Authority within the meaning of any constitutional or statutory debt limitation provision, including, without limitation, Article XI, §§ 1, 2 and 6, and Article X, § 20 of the Colorado Constitution. This Agreement shall not directly or indirectly obligate the Authority to make any payments beyond the funds legally available to it for the then current fiscal year. No provision of this Agreement shall be construed to pledge or create a lien on any class or source of monies of the Authority, nor shall any provision of this Agreement restrict or limit the discretion of the Authority in the budgeting and appropriating its funds. The Authority shall notify Consultant if funds are exhausted for any fiscal year, and Consultant may, at its discretion, decide whether to continue working for the Authority during that fiscal year.

32. Entire Agreement. This Agreement constitutes the entire agreement between the Authority and Consultant and replaces all prior written or oral agreements and understandings. It may be altered, amended or repealed only by a duly executed written instrument.

33. Effective Date. This Agreement shall become effective on the date it is signed by the appropriate representatives of the Authority.

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IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate original as of the date set forth above. This Agreement must have the signature of an authorized person of Consultant on both original copies.

AUTHORITY:

CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado


Attest:


CONSULTANT:

LEONARD RICE ENGINEERS, INC., a Colorado corporation

By:R. Gregory Roush, Chief Operating Officer

Attest:

Janet Williams, Chairman of the Board

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EXHIBIT A


2019 Watershed Consulting Scope of Services

Leonard Rice Engineers, Inc. (LRE) will provide the Cherry Creek Basin Water Quality Authority (Authority) with watershed consulting services and technical support to assist with implementation of the Authority’s statutory charges, Regulation 72, and the Authority’s reservoir and watershed management responsibilities.

1. Authority Meetings 1.1. Board Meetings. Attend and prepare for twelve monthly meetings of the

Authority Board of Directors. Includes participation in monthly teleconference to discuss Board agenda items and preparation of Board packet materials.

1.2. TAC Meetings. Attend and prepare for twelve monthly meetings of the Technical Advisory Committee. Provide direction and input to the TAC on watershed and reservoir management-related issues. Includes preparation and distribution of TAC agenda and attachments, review of TAC minutes, and coordination with other Authority consultants on TAC agenda items.

1.3. Project Coordination. Coordinate with other Authority consultants, as deemed necessary by Authority manager, as well as internal team members, regarding watershed and reservoir management activities, by telephone, email, and meetings. This includes meetings with outside stakeholders as necessary for project coordination as well as internal task management. This assumes Authority Manager will continue to coordinate with LRE to assist with scope clarification, scope authorization, and other Authority-related matters.

1.4. Informational Requests. Respond to general requests for information from the Board, TAC, Authority consultants, and/or the public not otherwise required by this Scope of Services. Provide Authority approved information to the public and other local, state, and federal governments and organizations on a request basis. This may also include requests for information to help the Authority with its future Watershed Plan implementation and budget planning process.

1.5. Consultant Selection and Assistance. Assist Authority Manager with scoping and selection of other Authority consultants for work, and input to consultants, as directed by the Authority Manager, during the budget year.

1.6. Regulatory Proceedings. This task may also include limited periodic participation in routine regulatory proceedings and/or WQCD pre-hearing

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meetings and work group meetings, as directed by the Board, TAC, or Authority Manager. This includes tracking the implementation of the Water Quality Control Divisions 10-Year Water Quality Roadmap, with respect to potential impacts on chlorophyll α and other reservoir water quality standards, including the nutrient table value standards that will be considered for application to the reservoir, and tracking/possible participation in the November 2019 South Platte Water Quality Standards Issues Formulation Hearing. This task assumes up to 30 hours total for preparation and participation in regulatory hearings or meetings.

2. Technical Coordination

2.1. Management Team Strategic Planning Meetings. Attend and prepare for and up to four meetings annually of the Authority management team, which includes Authority consultants, the Authority attorney, and the Technical Advisory Committee (TAC) chairman. Assist team with strategic planning initiatives to develop pollution abatement projects, including strategies and plans to achieve our statutory purpose to improve, protect, and preserve the water quality of Cherry Creek and Cherry Creek reservoir.

2.2. Watershed Assignments. LRE will implement assigned technical follow-up tasks arising from the TAC and Board meetings, such as assisting with Technical-Focus Group (AKA Small Group) activities; providing follow-up or additional supporting technical information/analyses; evaluating technical project materials provided by others (e.g., water quality data/analyses) and providing input/recommendations as requested; drafting and incorporating TAC and Board changes into documents; providing comment letters on others’ water quality control projects, etc. as directed; and coordinating with regulatory and other entities (such as the Water Quality Control Division, EPA, Corps of Engineers, Parks and Wildlife, etc.) on efforts to improve, protect, and preserve water quality and beneficial uses. LRE will focus these efforts on ensuring that the Authority activities remain focused on improving, protecting, and preserving the water quality of Cherry Creek and Cherry Creek reservoir, and on achieving and maintaining existing water quality, and identifying pollution abatement projects.

2.3. Watershed Plan Coordination. LRE will identify and summarize key 2018 and 2019 strategic planning efforts for integration into the updated Watershed Plan to capture new Authority initiatives.

3. Annual Reporting and Presentation3.1. 2018 Annual Report. Using the new format created for the 2016 Annual

Report, compile information and prepare the 2018 Annual Report to the Water Quality Control Commission (WQCC), covering the Water Year October 1, 2017 – September 30, 2018. LRE will continue to work with the Authority Manager and Authority Monitoring Consultant to move toward the full Annual Report being presented through the Authority’s data portal in easily-updateable

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storyboard format, with full links to historic data and information. (Work on this report will already have been started in the latter part of 2018 under the previous year’s contract.) LRE will work with the Authority’s consultant team to prepare one draft for review (by the TAC first, and then the Board) and finalize the report. The final report will be ready for approval by the TAC and Board at their respective March meetings, and will be delivered electronically to the WQCC by March 31, 2019. LRE’s work will include preparation of all chapters with input from Capital Projects and Monitoring Consultants, editing for clarity and compliance with Regulation 72 requirements, and incorporating new information and activities undertaken by the Authority. LRE will also review the Monitoring Consultant’s Annual Monitoring Report, in either hard copy and/or data portal storyboard format, and provide comments as appropriate. It is assumed that the Monitoring Consultant will prepare the monitoring section (including supporting graphics) of the Annual Report.

Assumptions:

The Monitoring Consultant will provide the monitoring section of the Annual Report to LRE no later than December 31st of each year; note all or part of this may be “provided” through the data portal.

The Capital Projects Consultant will provide text on the Capital Projects Program and summary reports, including photographs, of Capital Improvement Project work no later than November 30th of each year.

Information on the Watershed Model will be compiled based on technical memorandums and/or reports provided by the Watershed Model Consultant, as available at the time the draft report is prepared.

The Cherry Creek Stewardship Partners will continue to provide report-ready information on basin education activity information.

The MS4 Permittees in the watershed will continue to provide their respective annual reporting information for inclusion in the report, as soon as their 2018 reporting data are compiled and available.

The draft report will be distributed electronically for review. Multiple and conflicting comments from reviewers are possible; therefore, LRE shall work to resolve conflicts in sufficient time to meet regulatory reporting deadline. Hard copies of the final report will only be produced for the Authority TAC, Board, and WQCC upon request; the intent is to have an electronic report.

3.2. Information Compilation for 2019 Annual Report. LRE will also compile a running file of information for the 2019 Annual Report throughout the year. Work on the 2019 Annual Report will begin after the 2019 Water Year has

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ended and/or as 2019 data and other information are available. It is assumed that analysis of the Authority’s data will be provided by others and submitted to LRE no later than December 31, 2019.

3.3. Annual Presentation to the WQCC. LRE will work with the Authority Manager to prepare presentation materials for the WQCC. It is anticipated that the 2018 Annual Report will be presented at least in part through the data portal. LRE will coordinate with WQCC staff on the presentation date for the report and will attend/participate at the annual WQCC Annual Report presentation as directed by the Authority Manager.

4. Information Management Support

LRE’s primary objectives for 2019 Information Management Support include: (1) Improving cost efficiency and timely access to information (2) Enhancing analysis capabilities

To accomplish these objectives, LRE would conduct the following four tasks.

4.1 Portal Technical Support For this task, LRE will provide technical support for the portal for the Monitoring Consultant and Authority team, including:

Monitoring Consultant Data Upload & Management Support: The implementation of the Automated Data Upload and QA/QC in 2018 provided the Monitoring Consultant with the tools to upload field, chemical and biological data directly into the portal using a standard upload template that improved cost efficiency and timely access to information. To continue this trend, LRE will: Provide technical support to the Monitoring Consultant to troubleshoot upload

errors due to issues such as improper standard template entry and duplicate data submission

Implement updates to the upload form(s) to address common upload difficulties by modifying the form(s) and/or adding specific instructions, such as providing a log of past imports including a period of record, parameters, locations and the ability to export a csv of past imported data

Work with the Monitoring Consultant to standardize legacy location and parameter names to be consistent with the current sampling nomenclature

Support the selection and/or implementation of monitoring equipment that can provide continuous monitoring

Coordinate with the Monitoring Consultant to identify enhancements in portal functionality that will increase analysis efficiency and provide actionable insights

Portal User Support and Training Establish and reset user credentials Provide up to three training/demonstration sessions for Authority Team

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members to illustrate Portal functions and conduct data investigations to support Authority focus areas

LRE will conduct Portal User Support at the direction of the Authority Manager

4.2 Compile Data and Graphics and Supporting Text for Inclusion into the Annual Report for the WQCC

For the 2017 Annual Report, LRE implemented an Water Quality Data Summary that augmented the Annual report by providing graphics and interactive tools for users to explore: USGS flow data; Chlorophyll-a concentrations; CCR Nitrogen and Phosphorus inflow concentrations; Nutrient concentrations in groundwater and corresponding surface wells; and Population trends. For the 2018 Annual Report, LRE will:

Update the Water Quality Data Summary archive and display information for multiple years

Create 2018 interactive graphics for the existing elements listed above Continue to transition the Annual Report elements to the portal by

developing new interactive graphics to reflect key report elements. Priority elements to be included will be decided by the Authority Manager, but may include:

o A history of key CCBWQA actions and eventso PRF effectivenesso Dissolved oxygeno Flows and nutrientso Algal biovolumes

4.3 System Hosting & Maintenance. LRE will continue to manage the system hosting for the Authority. This includes the following:

o http://ccbwqportal.org domain renewalo Base Virtual Machine Hosting: CPU, memory, SSD Hard Drive, Static IP

Address and Firewallo Burst Account: Contingency to cover burst activity, if requiredo Cloud server management: backups, critical software patches/upgrades,

regular system monitoring

LRE has partnered with cloud hosting vendor ElasticHosts.com to offer long term, managed cloud hosting services that are extremely cost competitive and focus on CCBWQA’s requirements. The technology at the heart of the CCBWQA system provides affordable and scalable system specifications, such as the “Burst Account” functionality, that expands the system’s CPU, memory and/or drive space only if/when required by site traffic—you only pay for what you use when you need it. Because the system is set up on a dedicated virtual server, CCBWQA can elect to “self-manage” the server and work directly with the Elastic Hosts at whatever point you choose to transition.

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5. Database Modules

Expand opportunities for transforming data into actionable information through providing additional targeted analysis “story pages” based on requests from the Authority Team, and as authorized by Authority Manager.

For this task LRE would continue to refine and develop interactive “story pages” that enhance the Authority Team’s ability to utilize Basin information. Enhancement options could include:

Developing nutrient ratio trends and analysis tools ISCO flow measurement capture and display; automation of stage to flow

calculations and integration with water quality measurements Automated upload and integration of continuous monitoring data Creating up to downstream concentration profiles Adding the ability to normalize values over time based on population data Including multiple locations on the year comparison and/or correlation graphs Targeted TAC meeting analysis and graphics Additional story pages as directed by CCBWQA

LRE would work with the Monitoring Consultant and Authority Board to identify and prioritize potential story board enhancements. This categorized list of prioritized features and functions along with associated specific costs for each element can serve as a “menu” of items that CCBWQA can select from to add to the system over time based on available resources. LRE will prepare a scope and associated cost estimate for each specific prioritized story board, and will move forward only with written authorization to proceed from the Authority Manager.

6. Watershed Technical Services 6.1. Provide technical assistance and regulatory input for continued water quality

standards compliance evaluation, including continued efforts to evaluate options for achieving water quality standards compliance. All efforts shall be focused on improving, protecting, and preserving water quality; achieving and maintaining the existing water quality standards; and protecting beneficial uses. This task includes technical coordination with other consultants in evaluation of beneficial use attainment and water quality control strategies. This will include input and coordination with work of other Authority consultants, including the Modeling Consultants, and entities including Colorado Division of Parks and Wildlife (CPW) and Colorado Water Quality Control Division (WQCD) to better understand the reservoir and its watershed, and how nutrients, reservoir sediments, and other water quality parameters, such as nitrogen, TOC, pH, temperature, D.O., and suspended sediment, may affect the beneficial uses and attainment of standards.

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6.2. Assist Authority Manager in coordinating Authority priority activities, to ensure focus on the Authority’s Mission and continual progress toward achieving compliance with Authority statutory responsibilities.

6.3. As directed by Authority Manager, provide assistance with continued refinement of potential nutrient loading values and impact assessment for various sources identified as priorities by the Board and TAC and authorized committees. This may include tasks such as provision of input loading information for the watershed and reservoir model runs; assistance with incorporation of information re: potential impacts of planned projects/activities on relative nitrogen-to-phosphorus ratios; evaluation of potential impacts of water reuse and conservation on water quality; evaluation of options for development of a riparian protection program and riparian protection program, including evaluation of easements and preservation as an Authority tool; and assistance with input needed for future reservoir modeling scenario development once the model is completed and turned over to the Authority. These efforts are focused on identification and design of future pollution abatement projects for the watershed.

6.4. Continue to obtain and evaluate annual WWTF data on phosphorus, nitrogen, sulfates, and chlorides from WWTFs. Further explore with WWTFs the possibility for collaboration (including financial contributions) for watershed monitoring and studies to prepare for next steps with watershed model effort.

6.5. Update 2012 Watershed Plan with relevant information resulting from small focus group efforts and products, such as new section(s) for stream and riparian preservation, dendritic development concepts provided by member entities, etc., as authorized by the Authority Manager.

6.6. Respond to special technical projects requests authorized by the Board, TAC, or Authority Manager and not otherwise included in this Scope of Services, as budget allows.

6.7. Provide support and/or assistance to Authority Manager and other Authority consultants in developing technical information for reservoir and watershed management efforts, as directed by the Board, TAC, or Authority manager. This may include Geographic Information System (GIS)-related requests.

7. Information and Education Program Technical Support7.1. The Cherry Creek Stewardship Partners (Partners) are primarily responsible

for assisting the Authority in implementing information and education activities. This task includes reviewing the Partners work products as requested for consistency with the Authority’s activities and guidance documents and providing assistance with Partners educational brochures and information.

7.2. Under Regulation 72, the Authority shall develop and implement a public information and education program, which will focus on the prevention of pollution from sources that could be mobilized during storm events from present and future activities as well as measures that could abate known

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nonpoint source pollution. Areas for abatement include, but are not limited to, general agricultural and silvicultural practices, individual sewage disposal systems, large lot development greater than one acre, and other potential nutrient sources. LRE will provide technical assistance in the identification of known nonpoint source pollution and development of educational materials focusing on the abatement of such pollution, as needs are identified by the Nonpoint Source Technical-Focus Group.

Estimated Budget for CCBWQA 2018 Watershed Consulting Services

TASK TOTAL ($) TOTAL (hrs.)

1. Authority Meetings and Technical Coordination $75,000 3602. Technical Coordination $30,000 1703. Annual Report $31,500 2104. Information Management Support $29,700 2005. Database Module(s) $20,000 1406. Watershed Technical Services $30,000 1707. Information/Education Program Technical Support $4,500 40

TOTAL: $220,700 1,290

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EXHIBIT B

CHERRY CREEK BASIN WATER QUALITY AUTHORITY2018 Watershed Consulting Scope of Services

2019 Rates Tables

Key Personnel Category 2019 Hourly RateBailey, Rebecca Administrative Assistant $80Tobler, James GIS Technician $101Tyler, Ben Applied Data Technician $117Trejo, Diana Staff Engineer I $115O’Brien, Patrick Staff Engineer II $125DiToro, Jessica Staff Engineer III $141Kaproth-Gerecht, Katy Project Engineer $154Close, Kelly Senior Project Manager $220Nobel, Carolyn Senior Project Manager $225Fendel, Katie Senior Project Manager $250

34.35. LEONARD RICE ENGINEERS, INC. 2019 RATE SCHEDULE

Hourly RateStudent Intern ...............................................................................................$60 - $85Administrative Assistant ............................................................................$75 - $115Technician/IT Support ...............................................................................$90 - $120Staff I Engineer/Scientist .........................................................................$100 - $120Staff II Engineer/Scientist ........................................................................$115 - $135Staff III Engineer/Scientist.......................................................................$130 - $160Project Engineer/Scientist ........................................................................$130 - $165Senior Project Engineer/Scientist.............................................................$155 - $175Project Manager .......................................................................................$170 - $195Senior Project Manager............................................................................$190 - $250

Automobile mileage, prints, copies, computer and plotter time, telephone and facsimile costs are indirect expenses and are included in the above rates. Reimbursable expenses billed at cost include airfares, automobile rental, and other travel or per diem costs for projects more than 100 miles from the office site, billed at the current IRS rate (rounded up to the nearest $0.05).

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CONSULTANT AGREEMENTFOR

SAMPLING AND ANALYSIS SERVICES

THIS CONSULTANT AGREEMENT FOR SAMPLING AND ANALYSISSERVICES (“Agreement”) is entered into as of the 15th day of October, 2018, to beeffective as of January 1, 2019 (“Effective Date”), between the CHERRY CREEKBASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation andpolitical subdivision of the State of Colorado (“Authority”), whose address is c/oCliftonLarsonAllen, LLP, 8390 Crescent Parkway, Suite 300, Greenwood Village,Colorado 80111, and SOLITUDE LAKE MANAGEMENT, LLC, a Virginia liabilitycompany (hereinafter referred to as “Consultant”) whose local address is 7000 NorthBroadway, Suite 108, Denver, Colorado 80221, telephone number 188-480-5253.Consultant and Authority may hereinafter singularly be referred to as a “Party” andcollectively as the “Parties.”

RECITALS

WHEREAS, the Authority was established for the purpose of preserving andprotecting the water quality in the Cherry Creek Reservoir (“Reservoir”) and the CherryCreek Watershed (“Watershed”); and

WHEREAS, in furtherance of its purposes, the Authority has retained andcontinues to retain, from time to time, technical consultants; and

WHEREAS, Authority desires to receive monitoring, sampling, consulting andlaboratory services from Consultant for calendar year 2019 in accordance with the termsand conditions of this Agreement; and

WHEREAS, Consultant represents that it has the personnel and expertisenecessary to perform such services for Authority in a competent and timely manner.

NOW, THEREFORE, in consideration of the promises set forth herein,Authority and Consultant agree as follows:

1. Scope of Services. Except for Task 6 “Other Services,” which will not beperformed unless specific written authorization to proceed with Task 6 is given by theAuthority, Consultant agrees to perform the Tasks 1 through 5 inclusive and Task 7 asdescribed in the 2019 Cherry Creek Basin Water Quality Authority Routine Samplingand Analysis Plan/ Quality Assurance Plan SAP/QAPP attached hereto as Exhibit A(consisting of 16 pages) and incorporated herein by this reference (“Scope of Services”)together with all necessary labor, materials, scheduling, procurement and related workand services as may be necessary or reasonably inferable from the Scope of Services tocomplete the totality of the obligations imposed upon Consultant by this Agreement

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(collectively, the “Services”). The Services will be performed in accordance with thisAgreement including the Scope of Services; provided, however, that in the event of aconflict or inconsistency between the terms and provisions of the Scope of Services andthe text of this Agreement, the text of this Agreement shall control.

2. Notice to Proceed. As of the Effective Date and provided Authority hasreceived satisfactory certificates of insurance as required by paragraph 16 below,Consultant is hereby authorized to provide the Services; provided, however, thatConsultant will not perform Task 6 Services until Consultant receives specific writtendirection from the Authority directing Consultant to proceed with such Task.

3. Completion Date. Consultant shall give this Agreement and the Servicesto be performed hereunder such priority as is necessary to cause the Services to be timelyand promptly performed in accordance with the time periods contemplated or expresslyprovided for in the Scope of Services. At any time during the term of this AgreementAuthority may request and Consultant shall, within twenty (20) days of such request,submit for Authority’s approval a written schedule for the completion of the various taskswhich comprise the Services. Unless delayed by acts or the failure to act of Authority orother causes beyond the control of Consultant, and without extending any deadlineestablished elsewhere in this Agreement or otherwise, all Services required under thisAgreement shall be entirely completed to Authority’s reasonable satisfaction and alldeliverables as set forth in the Scope of Services shall be delivered to Authority no laterthan December 31, 2019.

3.1 Deliverables. Without in anyway limiting the deliverables asdescribed in the Scope of Services, Consultant shall provide the Authority with anelectronic and up to five hard copies of all final product documents and reports preparedby Consultant pursuant to this Agreement. In addition, all deliverables shall comply withsuch reasonable requirements as the Authority’s Manager may establish from time totime provided those requirements are communicated in writing to Consultant no laterthan twenty (20) days following the execution of this Agreement by both Parties.

4. Responsibility for Services. The Authority shall not supervise the work ofConsultant or instruct the Consultant on how to perform the Services. Consultant shall befully responsible for the professional quality, technical accuracy, timely completion andcoordination of Services including all work and reports that are a part thereof, whethersuch work is performed directly by Consultant or by any subconsultant or subcontractorhired by Consultant and approved Authority in accordance with Paragraph 12 below.Without additional compensation and without limiting Authority’s remedies, Consultantshall promptly remedy and correct any errors, omissions, or other deficiencies in theServices. Consultant warrants that all Services provided under this Agreement shall beperformed with competence and in accordance with the standard of care of Consultant’sprofession prevailing in Colorado.

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5. Compensation. Authority will compensate Consultant in accordance withConsultant’s unit prices, hourly rates and reimbursable costs as set forth in the Scope ofServices and in particular, page 16 (Attachment C/Exhibit C) of the Scope of Services;provided, however, that the total amount of compensation that Consultant shall receiveunder this Agreement for Tasks 1 through 5 and 7, shall not exceed $289,317.10 withoutthe express written consent of the Authority. If Task 6 is authorized, total compensationshall not exceed $309,317.10 without the express written consent of the Authority.

The per Task limit for each of the Tasks set forth in the Scope of Services (page13) shall not be exceeded by fifteen percent (15%) without the Authority’s prior writtenconsent. Authority will not compensate Consultant for preparing or responding toAuthority’s questions regarding Consultant’s invoices. If Consultant is requested toperform any work that is not expressly described in the Scope of Services or that willcause the estimated time to perform any work described in the Scope of Services to beincreased, Consultant will immediately notify Authority in writing and will not performsuch work until authorized to do so in writing by Authority’s representative.

The compensation to be paid Consultant under this Agreement is entire andcomplete and includes any and all reimbursable and other costs as set forth, and only asset forth within the Scope of Services. Consultant further represents and agrees that thereimbursable costs charged to Authority together with any approved subconsultant orapproved subcontractor costs are at Consultant’s actual cost and will not include anyadditional mark-up. It is understood and agreed that Consultant will contract with andpay directly all approved subconsultants or approved subcontractors retained byConsultant for the performance of any Services or portion thereof.

5.1 Rates and Employee Categories. The Scope of Services sets forththe estimated cost for each task and the category of Consultant’s employees that areexpected to perform work under this Agreement including the hourly rates for eachcategory of Consultant’s employee that will be performing work under this Agreement.Consultant agrees that all labor performed hereunder shall be performed for an hourlyrate and by the category of the employee as identified in the Scope of Services, exceptthat if any work is performed by an employee whose hourly rate is less than the ratedescribed in the Scope of Services, Authority shall be charged the lesser rate. Further,should any employee’s job category or classification change during the term of thisAgreement, that change shall not in any way affect or modify the employee’s billing rateunder this Agreement unless the billing rate has been reduced as a result of such jobreclassification, in which case the reduced billing rate shall be applied for purposes of theinvoices prepared and submitted to the Authority.

6. Method of Payment. No later than the 25th day of the month Consultantshall provide an invoice for the Services completed through the last day of the precedingmonth (“Billing Period”). Each invoice shall be submitted only for those Servicesactually performed during the Billing Period. Consultant shall submit with each invoice

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such supporting documentation as Authority may reasonably request. Each invoicesubmitted by Consultant shall constitute a representation to Authority that the Servicesare completed to the point as represented in the billing invoice. Unless Consultant doesnot properly perform the Services, invoices will be paid within thirty (30) to forty-five(45) days after receipt. Invoices that are not received by Authority within thirty (30) daysafter the last day of the Billing Period, shall be deemed inconsistent with this Agreement.Authority shall have the right to refuse to pay all or a portion of any invoice that isinconsistent with this Agreement. Authority may delay payment until it can verify theaccuracy of an invoice, obtain releases or waivers with respect to Services covered in theinvoice, or resolve a dispute with Consultant regarding an invoice. Further, with regardto any invoice that is submitted by Consultant ninety (90) days or more after the BillingPeriod, Authority shall have the right to deduct from said invoice all costs and expensesincurred by Authority in reviewing such invoice which are in the Authority’sdetermination attributable to Consultant’s delay in furnishing the invoice.

7. Conflict of Interest. Consultant agrees that it shall not accept anyemployment during the term of this Agreement that creates a potential conflict of interestor compromises the effectiveness of Consultant or otherwise interferes with the ability ofConsultant to perform the Services required by this Agreement.

8. Records and Audits. Consultant shall at all times maintain a system ofaccounting records in accordance with its normal billing procedures, together withsupporting documentation for all work, purchases, Services and billings under thisAgreement. Consultant shall make available for audit and reproduction by Authority allrecords, in whatever form, related to the Services. Consultant shall provide suchavailability during the term of this Agreement and for two (2) years after final payment.Consultant shall refund to Authority any charges determined by Authority’s audit to beinconsistent with this Agreement.

9. Confidentiality of Information. Except as required by law or as isnecessary for the performance of the Services, Consultant shall retain in strictestconfidence all information furnished by Authority and the results of any reports or studiesconducted as a result of this Agreement, along with all supporting work papers and anyother substantiating documents. Consultant shall not disclose such information to otherswithout the prior written consent of Authority’s representative. Notwithstanding theforegoing, Consultant shall have no confidentiality obligation with respect to informationthat: (i) becomes generally available to the public other than as a result of disclosure byConsultant or its agents or employees; (ii) was available to Consultant on anonconfidential basis prior to its disclosure by Authority; and (iii) becomes available toConsultant from a third party who is not, to the knowledge of Consultant, bound to retainsuch information in confidence.

10. Ownership of Work Product and Documents. All printed materials andelectronic documents produced as a result of the Services performed under this

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Agreement shall be the sole property of Authority and may not be used, sold or disposedof in any manner without prior written consent of Authority’s representative. Alldocuments applicable to each Task identified in the Scope of Work shall be delivered andturned over to Authority as and when such Task is completed provided, however, thatunder no circumstances shall any printed or electronic material, or other documentsproduced as a result of the Services performed under this Agreement be retained byConsultant from and after the date Consultant has been paid in full all monies dueConsultant hereunder. Notwithstanding the foregoing, Consultant may retain a copy ofall printed material, electronic or other documents prepared under this Agreement.

11. Changes in Services. The Authority shall have the right to order additions,deletions or changes in the Services at any time, so long as such changes are within theScope of Services covered by this Agreement. Requests for material changes in theServices may be made by Authority’s representative orally or in writing; provided,however, that oral requests shall be confirmed by a written request within ten (10) daysafter the oral request. If Authority directs Consultant to proceed with a material change,Consultant shall be paid for the change as agreed to by the Parties.

12. Approval of SubConsultants. Except as set forth in the Scope ofServices, Consultant shall not employ any subconsultant or subcontractor without theprior written approval of Authority’s representative nor shall Consultant assign any rightsor obligations under this Agreement in whole or in part without the Authority’s priorwritten approval which may be withheld for any reason. Consultant shall be responsiblefor the coordination, accuracy and completeness of all Services in accordance withgenerally accepted principles and practices of Consultant’s profession, regardless ofwhether the Services are performed by Consultant or one or more subconsultants.Consultant shall endeavor to bind each of its approved subcontractors or approvedsubconsultants, if any, to the terms of this Agreement. In the event that a subconsultantor subcontractor is unwilling or unable to comply with any term or provision of thisAgreement, Consultant will inform Authority of the specific term or provision at issue.Authority may accept the lack of compliance to the terms of this Agreement on the partof the subconsultant or subcontractor, or may request that a different subconsultant orsubcontractor be retained. This Agreement may be terminated by Authority ifsubcontracted or assigned, either in whole or in part, by the Consultant without theexpress written consent of Authority’s representative.

13. Independent Contractor. In the performance of the Services, Consultantshall be, for all purposes, an independent contractor and not an employee or agent ofAuthority. Consultant and its employees and Subconsultants shall in no way representthemselves to third parties as agents or employees of Authority.

14. No Unemployment Insurance or Workers’ Compensation Benefits.Consultant agrees that it is not entitled to unemployment insurance or workers’compensation benefits as a result of performance of the Services for Authority.

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Consultant is required to provide workers’ compensation and unemployment insurancebenefits for its employees and/or subconsultants as required by law.

15. Payment of Taxes. Consultant is solely liable for any federal, state andlocal income and withholding taxes, unemployment taxes, FICA taxes and workers’compensation payments and premiums applicable to the performance of the Servicesunder this Agreement. Consultant shall indemnify Authority for any liability resultingfrom nonpayment of such taxes and sums.

16. Insurance. It is understood and agreed that Consultant and any and allsubconsultants and agents currently have and shall keep in full force and effect thefollowing minimum insurance coverages:

16.1 Workers’ Compensation Insurance. The Consultant and eachsubconsultant and each subcontractor, if any, shall carry workers’ compensationinsurance to cover liability under the laws of the State of Colorado in connection with theServices performed pursuant to this Agreement. Consultant and each subconsultant orsubcontractor shall carry separate policies.

16.2 Commercial General Liability Insurance. The Consultant andeach subconsultant and subcontractor, if any, shall carry commercial general liabilityinsurance, which shall include blanket contractual liability coverage. Such insuranceshall be in an amount specified in the Colorado Governmental Immunity Act, § 24-10-101, et. seq., C.R.S., as may be amended from time to time (currently $387,000 perperson, $1,093,000 per occurrence for bodily injury and property damage).

16.3 Automobile Liability Insurance. The Consultant and eachsubconsultant and subcontractor, if any, shall carry automobile liability insurance toinclude owned, non-owned and hired vehicles used in the performance of Services underthis Agreement. Such insurance shall be in the amounts specified in the ColoradoGovernmental Immunity Act § 24-10-101, et. seq., C.R.S., as it may be amended fromtime to time (currently $387,000 per person, $1,093,000 per occurrence for bodily injuryand property damage).

16.4 Professional Liability Insurance. Consultant and eachsubconsultant and subcontractor, if any, shall carry professional liability insurance in theamount of $1,000,000 per claim and aggregate limit, unless an alternate amount is agreedto in writing by the Authority.

If not already provided, within fifteen days after the date of this Agreement,Consultant shall provide the Authority a certificate of insurance evidencing the insurancepolicies required by paragraphs 16.1, 16.2, 16.3 and 16.4 as well as the amounts ofcoverage for the respective types of insurance required. The required commercial generalliability and automobile liability policies shall: (i) name the Authority as an additional

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insured for coverage only, with no premium payment obligation; (ii) provide thatcoverage for the Authority shall not be impaired Consultants or any subcontractor’sfailure to comply with any of the terms or conditions of the policy. Authority and eachsubcontractor shall provide certificates of insurance (and renewals thereof) identifyingthis Agreement and demonstrating that the required coverages have been obtained. TheConsultant shall not allow any subcontractor, agent or employee to commence work onany Services until appropriate certificates of insurance have been obtained and approvedby the Authority, or the Authority has modified or waived the insurance coveragerequirements. The coverages specified in each certificate of insurance shall not beterminate, reduced or modified without providing at least thirty (30) days prior writtennotice to the Authority.


17.1 Illegal Aliens. In performing this Agreement, Consultant shallcomply with all applicable laws, rules and regulations, including but not limited to allfederal, state and local laws. By way of explanation and not limitation, Consultantcertifies that Consultant shall comply with the provisions of § 8-17.5-101, et seq., C.R.S.Consultant shall not knowingly employ or contract with an illegal alien to performServices under this Agreement, or enter into a contract with a subconsultant orsubcontractor that knowingly employs or contracts with an illegal alien. Consultantrepresents, warrants and agrees that: (i) it has confirmed the employment eligibility of allemployees who are newly hired for employment to perform Service under thisAgreement through participation in either the E-Verify Program or the DepartmentProgram described in § 8-17.5-101, C.R.S. Consultant shall not use either the E-VerifyProgram or the Department Program procedures to undertake pre-employment screeningof job applicants while this Agreement is being performed. If the Consultant obtainsactual knowledge that a subconsultant performing Services under this Agreementknowingly employs or contracts with an illegal alien, the Consultant shall: (i) notify thesubconsultant and Authority within three (3) days that Consultant has actual knowledgethat the subconsultant is employing or contracting with an illegal alien; (ii) terminate thesubcontract with the subconsultant if within three (3) days of receiving such notice, thesubconsultant does not stop employing or contracting with the illegal alien, unless thesubconsultant provides information to establish that the subconsultant has not knowinglyemploying or contracting with an illegal alien. Consultant shall comply with allreasonable requests made in the course of an investigation by the Colorado Departmentof Labor and Employment. If Consultant fails to comply with any requirement of § 8-17.5-102(2), C.R.S., the Authority may terminate this Agreement for breach, andConsultant shall be liable for actual damages to Authority. If the Consultant participatesin the Department Program, Consultant shall provide the affirmation required under § 8-17.5-102(5)(e)(III), C.R.S. to the Authority.

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18. Communications. It is understood by Authority and Consultant thatsuccessful progress under this Agreement requires frequent, concise and documentedcommunication between the Party’s representatives. Authority hereby designates ChuckReid, the Authority’s manager, as the person who shall give information to and receiveinformation from Consultant. Authority may change its designated representative orname additional representatives from time to time.

Consultant hereby designates Erin Stewart, as its representative who shall giveinformation to and receive information from Authority. Consultant may change itsdesignated representative only with the prior written approval of Authority. Eachdesignated representative shall have full authority to not only accept and receiveinformation but also to accept notices, give approvals and to fully represent its respectiveParty for all purposes under this Agreement.

19. Liability. Consultant agrees to pay any damages and costs for any liabilityor claim of whatsoever kind or nature arising in any way out of this Agreement, to theextent caused by any negligent or wrongful act or omission of the Consultant,Subconsultants, or Consultant’s and Subconsultants’ officers, agents or employees. Thisparagraph 19 shall survive termination of this Agreement.

Notwithstanding anything to the contrary elsewhere in this Agreement,Consultant’s liability to Authority shall not exceed the amount of $1,000,000.00. Thiscapped liability provision shall apply to: (i) direct claims by Authority againstConsultant; (ii) Consultant’s obligation to defend, indemnify and hold harmless for thirdparty claims; and (iii) Authority’s access to Consultant’s insurance coverage as anadditional insured.

20. Acceptance Not a Waiver. The Authority’s approval of studies, drawings,designs, plans, specifications, reports, computer programs and other work or materialshall not in any way relieve Consultant of responsibility for the technical accuracy of theServices. The Authority’s approval or acceptance of, or payment for, any Services shallnot be construed to operate as a waiver of any rights under this Agreement, or of anycause of action arising out of the performance of this Agreement.

21. Termination or Suspension. The Authority reserves the exclusive right toterminate or suspend all or a portion of the Services under this Agreement by givingfourteen (14) days written notice to the Consultant. If any portion of the Services shall beterminated or suspended, the Authority shall pay the Consultant equitably for all servicesproperly performed pursuant to this Agreement. If the work is suspended and theConsultant is not given an order to resume work within sixty (60) days from the EffectiveDate of the suspension, this Agreement will be considered terminated. Upon termination,the Consultant shall immediately deliver to the Board any documents then in existence,that have been prepared by the Consultant pursuant to this Agreement.

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22. Default. Each and every term and condition of this Agreement shall bedeemed to be a material element of this Agreement. In the event either Party shall fail orrefuse to perform according to the material terms of this Agreement, such Party may bedeclared in default by the other Party by a written notice.

23. Remedies. In the event a Party has been declared in default, suchdefaulting Party shall be allowed a period of fifteen (15) days within which to correct, orcommence correcting the default. In the event that the default has not been corrected orbegun to be corrected, or the defaulting Party has ceased to pursue the correction withdue diligence, the Party declaring default may elect to (a) terminate this Agreement andseek damages; (b) treat the Agreement as continuing and require specific performance; or(c) avail itself of any other remedy at law or in equity. In the event Consultant fails orneglects to perform the Services in accordance with this Agreement, the Authority mayelect to correct such deficiencies and charge Consultant for the full cost of thecorrections.

24. Term. Unless sooner terminated in accordance with the provisions ofparagraph 21 above, this Agreement shall remain in effect until the Services are fullyperformed, at which time the Agreement shall terminate and be of no further force andeffect, except as to those provisions which expressly survive termination, including butnot limited to paragraphs 8, 9, 10, and 19.

25. Force Majeure. The Parties shall not be responsible for any failure ordelay in the performance of any obligations under this Agreement caused by acts of God,flood, fire, war or public enemy or the failure of Authority to furnish timely informationor to approve or disapprove Consultant’s instruments of service within a reasonableperiod of time.

26. Assignment. Subject to the provisions ofparagraph 12, this Agreementshall bind and inure to the benefit of the Parties and their respective successors andassigns.

27. No Third Party Beneficiaries. This Agreement is intended to benefit onlythe Parties and neither subconsultants, subcontractors nor suppliers of Consultant nor anyother person or entity is intended by the Parties to be a third-party beneficiary of thisAgreement.

28. Governing Law. This Agreement shall be governed by and construedunder the laws ofthe State of Colorado.

29. Notice. All notices required or given under this Agreement shall be inwriting, and shall be deemed effective: (a) when delivered personally to the other Party;or (b) seven (7) days after being deposited in the United States mail, first-class postage

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prepaid, properly addressed as follows; or (c) when sent by facsimile transmission andreceipt is confirmed by return facsimile transmission. If to Consultant:

If to Consultant:Marc Bellaud, PresidentSOLitude Lake Management7000 North Broadway, Suite 108Denver, Colorado 80221

If to Authority: Chuck ReidCliftonLarsonAllen, LLP8390 E. Crescent Parkway, Suite 300Greenwood Village, Colorado 80111

With a copy to: Timothy J. FlynnCollins Cockrel & Cole390 Union Boulevard, Suite 400Denver, Colorado 80228-1556

Or such other persons or addresses as the Parties may designate in writing.

30. Governmental Immunity. The Parties understand and agree that theAuthority is relying upon, and has not waived, the monetary limitations of $387,000 perperson, $1,093,000 per occurrence, and all other rights, immunities and protectionsprovided by the Colorado Governmental Immunity Act § 24-10-101 et. seq., C.R.S., as itmay be amended from time to time.

31. Entire Agreement. This Agreement constitutes the entire agreementbetween the Authority and Consultant and replaces all prior written or oral agreementsand understandings. It may be altered, amended or repealed only by a duly executedwritten instrument.

32. Effective Date. This Agreement shall become effective as of January 1,2019, once it is signed by an appropriate representative of each Party.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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IN WITNESS WHEREOF, the Parties have executed this Agreement induplicate original as of the date set forth above. This Agreement must have the signatureof an authorized person of Consultant on both original copies.

AUTHORITY:CHERRY CREEK BASIN WATERQUALITY AUTHORITY

By:Chuck Reid, Administrator

This Agreement is accepted by:

SOLITUDE LAKE MANAGEMENT, aVirginia limited liability company

By:Marc Bellaud, President

By execution, signer certifies that he or she is authorized to accept and bindConsultant to the terms of this Agreement.

)

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Exhibit AScope of ServicesExhibit A

Scope of Services29

Solitude Lake Management Response to Request for Proposal

2019 Cherry Creek Basin Water Quality Authority Routine Sampling and

Analysis Plan/ Quality Assurance Plan SAP/ QAPP

2019 Sampling Program Objectives

In order to accomplish the CCBWQA long- term goals, SIM proposes the following services

based on the Authority's' 2018 Routine Sampling and Analysis Pian/ Quality Assurance Project

Plans (SAP/QAPP) which includes additions and changes for 2019:

• Regular sample collections of chlorophyil-a and phytoplankton for evaluation of

primary productivity.

• Monitor seasonal and annual changes in concentrations of phosphorus and nitrogen

species in the reservoir and streams.

• Collect data to help determine the effectiveness of pollutant removal by Pollutant

Abatement Projects (PAPs), including the Reservoir Destratificafion System; and

• Work in collaboration with Leonard Rice Engineers (LRE) to provide data for the

Authority's Internet Data Portal.

• Use field sample collection methods and laboratory protocols as identified in the

SAP/QAPP to achieve high quality data including:

o Quality assurance for accuracy, representativeness, comparability, and

completeness of data collected and reported,

o Quality and reproducible field sampling and sample preservation procedures,

laboratory processing and analytical procedures,

o Data verification and reporting including quality control checks, corrective

actions, and quality assurance reporting.

Regulation No. 72 Requirements

In accordance with Regulation 72, this proposal will help the CCBWQA complete the

requirement to "develop and implement, in conjunction with local governments, a

routine annual water quality monitoring program of the Cherry Creek watershed and

Cherry Creek Reservoir.

The monitoring program shall include:

• Monitoring of the reservoir water quality, dissolved oxygen concentrations and inflow

volumes, alluvial water quality, and nonpoint source flows.

• Monitoring shall include, but not be limited, to total nitrogen, total soluble nitrogen,

nitrate and nitrite as N, ammonia as N, total phosphorus, total soluble phosphorus, and

orthophosphate/soluble reactive phosphorus (SRP) concentrations.

• Routine monitoring of surface water, ground water, and the reservoir shall be

implemented to determine the total annual flow-weighted concentration of nutrients to

the reservoir; and

SOLitude Lake Management j Proposal Page 1 of 16

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• Monitoring will provide required data to determine inflow and outflow nutrient

concentrations.

• Compiete monitoring required to accomplish the goals of the Authority as determined

by Colorado Water Quality Control Division (Division) and determine attainment of

water quality standards in Cherry Creek Reservoir

o Includes the collection of data to evaluate nutrient sources and transport, to

characterize reductions in nutrient concentrations, determine phosphorus fate

and transport, calculate annual flow-weighted phosphorus concentrations,

document compliance with the applicable water quality standards, analyze

long-term trends in water quality for both the reservoir and the Cherry Creek

watershed, and calibrate water quality models (72.8).

o Data will be delivered and included in the annual report on the activities

provided to the Commission and Division by March 31 of each year (72.9). The

SAP/QAPP facilitates the above Regulation 72 requirements, and ensures a high

quality, auditabie, and well-documented monitoring program.

Task Descriptions

The following sections describe the Scope of Services for each Task as outlined in the

CCBWQA SAP/QAPP.

Task 1 - Reservoir Sampling and Monitoring

The Cherry Creek Reservoir monitoring program will include:

• Routine Vertical Profiling and Nutrient/Biological Sampling

• Routine Vertical Profiling of Chl-a and Phycocyanin (Blue Green Algae) through

water column

• Precipitation Gage Maintenance and Sampling

• Sampling frequency and laboratory analyses are outlined in Tables 1 , 2, 3 and 4.

• CCR-1, CCR-2 and CCR-3 will be profiled and sampled once per month in

March, April, October, November and December (ice conditions permitting) for

a total of five (5) sampling events.

• CCR-1, CCR-2 and CCR-3 will be profiled and sampled twice per month from

May- September a total of ten (10) sampling events.

• Precipitation gage will be inspected weekly during storm sampling season and

samples will be collected and analyzed following seven (7) storm events.

SOLitude Lake Management | Proposal Page 2 of 16

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Table 1. Reservoir Sampling Parameters and Frequency

Monthly

Vertical

Profile

WQ Sonde

(Mar-Dec)

Bi-monthly

Sonde &

Nutrient

Samples

(May-Sept)

Monthly*

Nutrient-

Biological Samples

(Photic Zone)

Monthly*

Nutrient-

Profile

(4-7m) Precipitation

CCR-1,

CCR-2,

CCR-3

CCR-1,

CCR-2,

CCR-3

CCR-1,

CCR-3 Rain SamplerANALYTE CCR-2 CCR-2

PH X X

Conductivity XX

Dissolved Oxygen X X

Oxidation/ Reduction Pot'i XX

Chi-a / BG Algae X X

1% Transmittance X X

Secchi disk X X

Temperature Continuous

(15-minute interval)

X

(CCR-2)

Total Nitrogen X X X X X

Total Dissolved Nitrogen X X X X

Nitrate + Nitrite as N X X XX

Ammonia as N XX X X

Total Phosphorus X X X X X

Total Dissoived Phosphorus XX X X

Orthophosphate as P X X X X

Total Organic Carbon X X

Dissoived Organic Carbon X X

Total Volatiie Suspended XX X

Total Suspended Solids X X X

Chlorophyll-a X X X

Phytopiankton X X

Zoopiankton X X

Note: As safety and ice-free conditions allow.

Table 2, Number of Reservoir Samples Collected

NumberUpper 3 m

Composite (Photic

Zone)

1 m Depth

Profiles (4-7m)

of

SamplesReservoir Sites

CCR-1 1 0 1

CCR-2 1 4 5

0 1CCR-3 1

Total Samples/ Sample Event 3 4 7

SOLifude Lake Management j Proposal Page 3 of 16

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Table 3. 2018 Reservoir Sampling Parameters and Total Laboratory Analyses Mar- Dec

Bi-Monthly

Sonde andMonthly Nutrient -

Biological Samples Monthly Nutrient Nutrient

(Photic Zone) Profile (4-7m)

Mar-Dec

Samples -

May- SeptMar-Dec

ISite 3 Sites2 Sites ISite

Total# of

Field Dups Samples

and Blanks March-Dec

CCR-1,

CCR-2,

CCR-3

CCR-1,

CCR-3 SubtotalAnalyte CCR-2CCR-2

Inorganics

Conductivity

Total Nitrogen

Total Dissolved Nitrogen

Ammonia as N

Nitrate + Nitrite as N

Total Phosphorus

Total Dissolved Phosphorus

Orthophosphate as P

115100 1010 40 3020

115100 1010 40 3020

1151040 30 10020 10

100 10 11540 3020 10

10 11540 30 10020 10

100 10 1153020 10 40

11530 100 1020 10 40

11530 100 1020 10 40

Organics

Total Organic Carbon

Dissolved Organic Carbon

Total Volatile Suspended Solids

Total Suspended Solids

80 8 9210 40 30

80 8 9210 40 30

15 45 5 521020

45 5 501520 10

Biological

Chiorophyil-a

Phytoplankton

Zooplanton

45 5 501520 10

15 155 010

15 0 15510

Table 4. Annual Rain Gauge Sampling Parameters Mar- Dec (Storm Events)

'Total Samples

ISiteSites

PREC1PAnalyte

Inorganics

Total Nitrogen

Total Phosphorus

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7

Sampling Sites• CCR-1 Dam Site

o Equipment

5-port Multiparameter Sonde (SLM) pH, Conductivity, DO< ORP and

BG Algae.

Vertical Sampler (CCBWGA)

Secchi Disk (CCBWQA)

Licor Quantum Sensor (SLM)

• CCR-2

o Equipment

5-port Multiparameter Sonde (SLM)

Thermistor string of HOBO® Water Temp Pro data loggers andassociated hardware and software - (CCBWQA)


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» Real Time Dissolved Oxygen probes and data loggers

and associated hardware and software

Seasonal Deployment on Authority negotiated access to the State

Park's buoy system Contractor will coordinate during the year with

Colorado Parks and Wildlife (CPW) staff on buoy placement and

sampling schedule.

Data uploaded monthly, May through September.

Plankton Net

Vertical Sampler

o Contractor will coordinate during the year with Colorado Parks andWildlife (CPW) staff on buoy placement and sampling schedule.

• CCR-3

o Equipment

5-port Multiparameter Sonde (SLM)

Vertical Sampler (CCBWQA)

Secchi Disk (CCBWQA)

Licor Quantum Sensor (SLM)

• PRECIP - Precipitation gage

o Weekly inspections during storm sampling season and precipitationsamples will be collected and analyzed following seven (7) storm events

from April through October.

Boat Use

During the recreational boating season, Solitude Lake Management will rent and utilizea boat from the Cherry Creek Marina or provide a boat suitable for monitoringactivities. Solitude Lake Management, contractors and staff will adhere to CPW'sBoating Statutes and Regulations and operate under Contractor's Safe Work Practicefor Working Over or Near Wafer (SWP 5-6) .

Equipment

Ail equipment, either owned by CCBWQA or provided by Solitude Lake Managementwill be properly maintained, calibrated, verified and documented in the field prior touse. The proposal includes sampling record books, sample bottles, preservatives,In addition, the following sampling/ monitoring equipment will be provided by SLM forthe project:

• 5-port Multi-parameter Sonde

o Depth, pH, Conductivity, Dissolved Oxygen and Oxidation ReductionPotential, Total Algae/ BG Algae

For 201 9, the additional equipment to be purchased for the CCBWQA:• Replacement Onset, HOBO Thermistors (8)

Monitoring buoy to be purchased by CCBWQA with DO probes lm below the surface and 0 5 meters off the bottom of the

reservoir.


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Data Validation

In Contractor's commitment to the Authority to produce accurate data, the frequency

of the field duplicate and blank sample collection is approximately 10% per sampling

event. Any issues detected through the collection of field QA/QC samples will be

isolated to the samples only collected during the associated event. Lab splits will be

collected for reservoir samples that will be analyzed by both IEH and High Sierra Water

Lab. Due to the manner in which the zooplankton, phytoplankton, and rain (storm)

event samples are collected or analyzed, field duplicate or field blank samples will not

be generated from these monitoring program aspects.

The reservoir sampling parameters and 2019 laboratory analyses will be performed at

the frequency indicated in Table 3, with the first reservoir sampling to be completed in

March or as soon as safety and ice-free conditions allow.

An expedited turn-around time (4-6 weeks) will be utilized for phytoplankton and

zooplankton enumeration during the crucial late spring through early fall months.

Physical parameters will be collected in the field at the required frequencies in

accordance with the 201 9 SAP, Table 1 . (i.e., temperature, conductivity, pH, dissolved

oxygen, oxidation/reduction potential, Chi-a/ Phycocyanin, Secchi depth, 1% light

transmittance, and continuous temperature at station CCR-2 vertical profiles).

WORK PRODUCTS: Reservoir water quality monitoring and laboratory analyses

conducted March 2019 through December 2019, including routine vertical profiling and

nutrient/biological sampling, and precipitation gage maintenance and sampling. Data

will be validated and provided to LRE within two weeks of receiving results from

laboratories.

Task 2 - Watershed Sampling and Monitoring

Watershed monitoring wiil include surface and groundwater sampling to evaluate

nutrient load to the reservoir. The program will include:

• Routine Surface Water Sampling, including PRF Pollutant Reduction Effectiveness

Sampling

• Storm Event Sampling

• Groundwater Sampling

• Ten (10) surface water sampling stations throughout the Cherry Creek Basin will be

sampled on a monthly or every other month basis March through December (10 site

visits).

• Five (5) surface water sites would be equipped with automatic (ISCO) samplers and

programmed to collect storm water samples during up to seven (7) storm events

between May and October. (Site PC-1 added)

• Nine (9) additional surface water sampling stations throughout the Cherry Creek Basin

wiil be sampled twice per year.

• Four (4) alluvial groundwater monitoring wells along Cherry Creek will be sampled

twice per year (2 site visits) May and November.


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Table 5. Stream and Groundwater Sampling Frequency January- December

Storm

Event

Surface

Water

ISCO

Samples

EO

Month

Surface

Water

Samples

Bl- Annual

Ground

Water

Samples

Monthly

Surface Water

Samples

Bi- Annual

Surface Water

SamplesFrequency

Sites 6 Sites 4 Sites 5 sites 9 Sites 4 Sites

USGS CC @ FT,

USGS CC@ Park,

CC-1, CC-2, CC-4,

CC-5, CC-6, CC-8,

CT-P1,

CT-P2,

MCM-1,

MCM-2

CC-10,

CT-P1,

CT-2,

CC-7, PC-1

MW-1,

MW-5,

MW-9,

Kennedy

CC-0, CC-7,

CC-10, CT-1,

CT-2, PC-1ANALYTE CC-9

Physical

XTemperature X X

Conductivity X X X

PH X X X

Dissolved Oxygen X X X

Oxygen Reduction Pot'l X X

Water-Level, Continuous (15-

min interval)

X X

also CT-1 (MW-9 only)

Discharge Rating Curve X

Inorganics

Total Nitrogen X X X X

Ammonia as N X X X X X

Nitrate + Nitrite as N X X

Total Phosphorus X X X X

Total Dissolved Phosphorus X X X X X

Orthophosphate as P X X X X X

Chloride X

Sulfate X

Organics

Total Organic Carbon X (CC-10, CT-2) X

Dissolved Organic Carbon X (CC-10, CT-2) X

Total Volatile Suspended Solids X X X

Total Suspended Solids X X X

Note that the Total and Dissolved Organic Carbon samples collected at CCR-2 and MW-9, and the water levels at MW-9,

are being collected at the request of the Authority's Reservoir Modeler as Inputfor the model.

These parameters will be reviewed and perhaps discontinued when this SAP/QAPP is next updated.


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36

Surface and Groundwater Sites and Sampling

• USGS @ Frankfown - Semi-annual sampling for nutrients (May/Nov)

• CC-2 - Semi-annual sampling for nutrients (May/Nov)

• USGS @ Parker - Semi-annual sampling for nutrients (May/Novj

• CC-4 - Semi-annual sampling for nutrients (May/NovJ

• CC-5 - Semi-annual sampling for nutrients (May/Novj


• CC-7 Eco Park

Monthly base flow sampling of mid-stream, mid-depth grab sample

Storm event sampling

Equipment

o ISCO sampler with submerged probe level sensor

o In-stream portable velocity flow-meter

• CC-8- Semi-annual sampling for nutrients (May/Nov)


• CC-10 - Monfh/y Base Flow Sampling of mid-stream, mid-depth grab sample


Equipment

o Hydro Labs Sonde Multi-parameter (CCBWQA)

o ISCO sampler with submerged probe level sensor (CCBWQA)


o Sutron ACCUBAR constant flow bubbler

o Sutron data loggers with satellite transceivers, antennas and solar panels

• CC-0 - Monthly base flow sampling of mid-stream, mid-depth grab sample

• CT-P1

Every other month- base flow sampling of mid-stream, mid-depth grab

sample (changed per Table 3. 2018 SAP and SOW)


Equ/pmenf



• CT-P2 - Every other month base flow sampling of mid-sfream, mid-depth grab

sample

® CT-1 (changed per Table 3. 2018 SAP and SOW)

Monthly base flow sampling of mid-sfream, mid-depth grab sample

* Equipment

o ISCO Sampler with submerged probe level sensor (CCBWQA)


• cr-2

Monthly base flow sampling of mid-stream, mid-depth grab sample

* Storm event sampling

Equipment

o Hydro Labs Sonde Multi-parameter (CCBWQA)



o Sutron ACCUBAR constant flow bubbler

o Sutron data loggers with satellite transceivers, antennas and solar panels


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• PC- 1- Every other month base flow sampling of mid-stream, mid-depth grabsample

Storm event sampling (added for 20 1 9ja Equipment (added for 2019)

o ISCO Sampler (CCBWQAJ


o Sufron ACCUBAR constant flow bubbler (CCBWQA)o Sutron data loggers with satellite transceivers, antennas and solar panels

• MCM-I - Every other month base flow sampling of mid-sfream, mid-depth grabsample

• MCM-2- Every other month base flow sampling of mid-sfream, mid-depth grabsample

• MW- 1 - Bi-annual groundwater sampling (May/Nov)

• MW-5 - Bi-annual groundwater sampling (May/Nov)

• M W-9 - Bi-annual groundwater sampling (May/Nov)Equipment

o Solnisf Level Logger

• iMliV- Kennedy - Bi-annual groundwater sampling (May/Nov)


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Table 6. 2018 Stream and Groundwater Sampling Parameters and Total Laboratory Analyses

Jan- Dec

Storm

Event

Surface

Water

EO Bi-

Monthly

Surface

Water

Samples

Month

Surface

Water

Samples

Bi- Annual

Surface

Water

Samples

Annua!

Ground

Water

Samples

Isco

Samples

5 Sites 5 Sites 4 sites 9 Sites 4 Sites

USGS CC @

FT, USGS

CC@ Park,

CC-1, CC-2,

CC-4, CC-5,

CC-6, CCS,

CC-0,

CC;7,

CC-10,

CT-1,

Field

CT-P1,

CT-P2,

MCM-1,

MCM-2

CC-10,

CT-1,

CT-2,

MW-1,

MW-5,

MW-9,

Kennedy

Dups,

Splits Total # of

Samples

Jan-Dec

and

Analyte CT2 Subtotal BlanksCC-7 CC-9

Inorganics

Total Nitrogen

Ammonia as N

Nitrate + Nitrite

as N

Total

72 20 28 18 8 129 13 142

72 20 28 18 8 129 13 142

72 20 28 18 8 129 13 142

Phosphorus

Total Dissolved

Phosphorus

Orthophosphate

72 20 28 18 8 129 13 142

72 20 28 18 8 129 13 142

as P 72 20 28 18 129 138 142

Chloride

Sulfate

18 88 91

18 8 8 1 9

Oreanics

Total Organic

Carbon

Dissolved

Organic Carbon

Total Volatile

Suspended

Solids

Total Suspended

Solids

24 328 353

24 8 32 3 35

50 25 28 103 11 114

50 25 28 103 11 114

WORK PRODUCTS: Surface water, groundwater, stormwater and PRF water quality

monitoring and laboratory analyses will be conducted January through December

201 9, when conditions allow, on all sites as listed in 201 8 SAP/ QAPP.

*^5


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Task 3 - Continuous Water Qualify Monitoring Upgrades and Communications for

Authority Website

SLM wiil install operate, troubleshoot and maintain all continuous monitoring probes

and communications hardware at stations CC-10, CT-2 and PC-1 as directed by the

CCBWQA. 15-minute data wiil be transmitted to Sutron's Hydromet Cloud or directed

to the Authority's website for real time graphical assessment of water quality and flow

data. This monitoring will also facilitate evaluation of flow and water quality changes in

these creeks to pair with water quality and continuous flow data. 2

WORK PRODUCTS: Installation and operation of continuous water quality monitoring

hardware at specified sites. In collaboration with LRE, real-time data will be transmitted

to equipment manufacturer's cloud hosted sites and/or coordinated with CCBWQA

data portal administrator to receive transmitted data to be posted on Authority's

website.

Task 4 - Monitoring Report and Monthly Graphical Updates

Contractor will develop the annual monitoring report, including executive summary, in

coordination with the Authority and its consultant team to support the Regulation #72

reporting requirements. Ail draft and final work products will be prepared on schedule,

with a December 3 1st delivery of the draft Monitoring Report deliverable that includes anexecutive summary. Contractor will coordinate with Leonard Rice Engineers (LRE) and the

consultant team in addressing comments and finalizing the report for approval by the TAC

and inclusion in the Annual Report to the WQCC no later than March 15^, Contractor willsupport development of the Annuai Report documentation, including graphics useful for

presentation to the WQCC and other audiences. The report will include documentation

of compliance (or determination of noncompliance) with the applicable Regulation 38

water quality standards (chlorophyll a, dissolved oxygen, and pH), using Water Quality

Control Commission and Wafer Qualify Control Division assessment methods. This

documentation is required by Regulation 72.

Contractor will develop graphical representations for Authority meetings using the on-line

Database Portal supported by other statistical software and MS-Excel analyses, as

appropriate.

WORK PRODUCTS: Draft and final "Annua/ Monitoring Report", water quality standards

compliance documentation, and graphical updates for Authority meetings.

Task 5 - Sampling and Analysis Plan Refinements

In coordination with consultants' and modeling team, Contractor will identify monitoring

program efficiencies and needs based on watershed and reservoir modeling outputs.

2 During 201 9, new equipment to complete real time level monitoring and storm sampling will be installed at Piney Creek

-1 (PC-1). This wiil include the installation and purchased one (1) ISCO storm sampler and level sensing pressuretransducer. A Sutron ACCUBAR constant flow bubbler, Sufron data logger, satellite transceiver, antenna and solar

panels (Donated from Pioneer in 2017) can also be installed if space allows. The condition and function of some of this

equipment is unknown but can be reconditioned prior to installation if needed.

SOLitude Lake Management | Proposal Page 11 of 16 ^

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Contractor and the modeling and consultant team will be meeting in mid-2019 to

evaluate monitoring needs as if relates to modeling outputs. Modeling outputs may

suggest that monitoring can be reduced in some locations or that monitoring is needed in

others. Based on these 2019 discussions, changes to the 2020 SAP may be warranted. If

modifications to the SAP are prudent, Contractor will propose a streamlined review

process, including proposed redline changes to the SAP based on consultant

recommendations. The proposed changes will go before the TAC and Board for review

and approval.

WORK PRODUCTS: Meetings and communication with modeling teams to understand

opportunities for SAP refinements and scientific and technical basis for proposed

refinements. Rediine and final version of the SAP modifications.

Task 6 - Other Services

SLM and partners can assist with additional services related to this monitoring program

as needed. This includes representation at Technical Advisory Committee and CCBWA

Board meetings as specified by CCBWQA or staff. This can also include other waterqualify activities, tasks or technical support. Please see Attachment C - Approved Rate

Schedule.

WORK PRODUCTS: Additional sen/ices, consulting, meetings or other duties as requested,

on an as needed basis.

Task 7 - Database Support

All water quality data, field measurements, stream flows and physical records will be

processed and validated by the QA/QC Manager and will be transmitted monthly to

the online database developed by Leonard Rice Engineers. Ail data will be provided in

approved MS Excel uploaded via Google worksheets into the Authorities' Drupal™

website.

The listed QC programs include requirements for additional laboratory analyses for

conductivity which have been added to the total laboratory costs for all water samples

in Cherry Creek.

QC Programs include:

• Compare field conductivity to lab specific conductance (and to TDS)

• Compare nutrient fractions to ensure dissolved < total recoverable < total or sum

of the various nutrient concentrations to represent "total"

• Compare results to regulatory limits to flag exceedances

• Check on holding times

• Calculate RPDs or control limits for values <5x practical quantitation limits

• Identify values > 1 Ox values detected in blanks

WORK PRODUCTS: Monthly data management, data pre-processing and QC validation

and annual reporting.

Laborafory Analytical Methods and Detection Limits

The following table outlines the analytical methods, hold times and detection limits that

will be used by the laboratories. There is some discrepancy between


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analytical methods and limits included in the RFP so each one is listed. However, it was

communicated by IEH Laboratories that these were the same methods used for the 201 7

monitoring program. Due to these inconsistencies and many samples with nutrient levels

below the detection limit, the 2019 includes the cost to using High Sierra Water Labs for

all reservoir nutrient water samples for 2019. Samples will be run as splits between labs, as

needed, to verify consistency in data. All other parameters will still be processed though

IEH Analytical.

Table 6. List of Analytes, Abbreviations, Analytical Methods, Hold Times, Detection Limits

High Sierra IEH

Analytical Detection

Method Limit

Analytical

Method

Recommended

Hold Times

Detection

LimitAbbreviationParameter

Physiochemical

pH EPA 150.1 0.1

Conductivity 0.10 umhos/cmEPA 120.1

Inorganics

<24 hrs before

digestion

<7 days after

digestion35 ug/L 5 Ug/LTotal Nitrogen TN EPA 351.1 SM 20 4500 NC

Total Dissolved N 35 ug/L 5 ug/LTDN EPA 351.2 SM 20 4500 NC

SM 18

4500N03F2 Ug/L 10 Ug/LNitrate + Nitrite as N N03+N02 48 hoursEPA 353.1

SM 18

4500NH3H2 Ug/L 10 Ug/LAmmonia as N NH4 EPA 350.1 24 hours

<24 hrs before

digestionTotal Phosphorus lug/L 2 ug/LTP EPA 365.3 SM 18 4500PF

Total Dissolved

Phosphorus lug/L 2 ug/LTDP SM 18 4500PF 48 hoursEPA 365.3

Orthophosphate as P

(Soluble Reactive

Phosphorus) lug/L lug/LSRP SM 4500PE SM 18 4500PF 48 hours

0. lug/LChloride CI SM 4500CLC 28 days

O.lug/LSulfate S04 28 daysSM 4500S04E

Organics

Total Organic Carbon

Dissolved Organic Carbon DOC

Total Volatile Suspended

Solids

Total Suspended Solids TSS

0,16ug/LTOC SM 5310 B

SM 5310 B

28 days

28 days

4ug/L

4ug/L

TVSS SM 2540 E

SM 2540 D

7 days

7 days

<24 hrs before

SM 10200 H 0.1 ug/L filtrationChlorophyll-a Chi

Project Timeline

The following is a tentative schedule of performance, subject to revision and approval of the

project of the project partners.


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March - December 2019Task 1 Reservoir Sampling and Monitoring

Watershed Sampling and Monitoring January - December 2019Task 2

Continuous Water Quality Monitoring

Upgrades and Communications for

Authority Website

Following every sampling event and

monthly review.Task 3

Draft report and final work products will be

provided by December 31st 2019.

Final report will be provided for approval

by the TAC and inclusion in the Annual

Report to the WQCC by March 15th 2020.

Annual Report and Graphical

UpdatesTask 4

Sampling and Analysis Plan

Refinements

Coordinating with modeling team as

needed.Task 5

Task 6 Other Services As needed

Monthly uploading and management of

all sampling data including QA/ QC

validation and reporting.

Monthly Database ManagementTask 7

Project Budget Outline

The following is a project budget overview for each task included in the Scope of Services

including labor, analytical lab costs, equipment and materials, other direct costs and total

project cost.

if

1rajiiJlfcr*"

Task 1 $28,512.50 $63,368.35 $7,685.00 $101,565.85$3,000.00

$46,620.00 $35,981.25 $1,640.00Task 2 $84,241.25

Task 3 $33,080.00 $3,500.00 $36,580.00

Task 4 $33,300.00 $33,300.00

Task5 $5,920.00 $5,920.00

$20,000.00TaskS $20,000.00

$25,900.00 $1,200.00Task 7 $27,100.00

Total Project Cost $309,317.10

General Conditions

• Company will continue to maintain all appropriate licensing necessary to perform ail

specified work in a safe and legal manner throughout the entire contract period.

• Company will furnish personnel, equipment, boats, materials, and other items required to

provide the forgoing at its expense.


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• Company is dedicated to environmental stewardship in ail of its work and maintains a

diligent program to recycle all plastic containers, cardboard, paper and other recyclable

wastes generated through the performance of our contract work.

• Company will maintain general liability and workman's compensation insurance.

• A Certificate of Insurance for Solitude Lake Management for this project has been provided.

• Company shall be reimbursed by the Client for any non-routine expenses, administrative

fees, compiiance fees, or any other similar expense that are incurred as a result of

requirements placed on the Company by the Client that are not covered specifically by

the written specifications of this contract.

• Neither party may assign this Agreement without the written consent of the other party;

provided, that Company may assign this Agreement upon the merger, reorganization,

consolidation, change of control or sale of all or substantially all of the assets of Company.

This Agreement shail inure to the benefit of, and be binding upon, the parties and their

respective successors and permitted assigns.

APPROVED: SOLifude Lake Management®

Cherry Creek Basin Quality Authority(Authorized Client Signature)

(Print Name and We)

(Date)


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0LAKE MANAGEMENT

ATTACHMENT C/ EXHIBIT C

SOLitude and Consultant Rate Schedule

Title Personnel , t ;!

Program Management

Program Manager, Aquatic Biologist Erin Stewart $185

Science and Engineering Professionals

Senior Environmental Scientist $185Chris Hoidren, PhD, CLM

Senior Aquatic Biologist $185Chris Doyle, CLM

David Ellison

Senior Environmental Engineer $185Dominic Meringolo

Field Services

Scientist 1

Scientist 2

Scientist 3

Scientist 4

$125Dylan Kwak

Amanda Mahaney

Bregieta Arvidson

Emily Mayer

Aquatic Specialist Chuck Rodosevich $85

Field Staff

Project Support - Administration

Contract Administrator

Regional Administrator

Joe Hogan

Carolyn Stabley/ Nancy

McGann

$85

Asset and Safety Manager Brandon Peoples $85

Travel Costs

Travel Costs All Personnel Yz hourly rate

iSOLitude Lake Management | Proposal Page 16 of 16

89

{00649295.DOCX / }

FIRST AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICESFOR


THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES (“Agreement”) is made and entered into on the ___ day of November, 2018 to be effective as of the 1st day of January 2019, between the CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado (“Authority”), whose address is c/o CliftonLarsonAllen, LLP, 8390 E. Crescent Parkway, Suite 500, Greenwood Village, Colorado 80111, and JRS ENGINEERING CONSULTANT, LLC, a Colorado Limited Liability Company (“Consultant”), whose address is 6013 E. Briarwood Drive, Centennial, CO 80112, phone number 303-726-5577. Consultant and Authority may hereinafter singularly be referred to as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, on or about November 30, 2017, Consultant and Authority entered into an Agreement for Professional Engineering Services dated to be effective January 1, 2018 (“Agreement”);

WHEREAS, pursuant to the Agreement Consultant has and is currently providing Authority with professional engineering services for the purpose of assisting the Authority in implementing and monitoring the Authorities Capital Improvements Program and providing such other services and assistance as are more particularly set forth in the Scope of Services attached to the Agreement; and

WHEREAS, Consultant’s sole member, James (Jim) R. Swanson, has announced his intention to retire effective January 1, 2019; and

WHEREAS, Authority anticipates retaining another consultant (“New Consultant”) to perform during calendar year 2019 similar services as are currently being performed by Consultant; and

WHEREAS, to facilitate the transition from Consultant to the New Consultant, the Authority desires Consultant be available on an as-needed basis to answer questions, provide information and generally assist in the transition from Consultant to the New Consultant during 2019; and

WHEREAS, for that purpose, the Parties desire to enter into this First Amendment to Agreement for Engineering Services.


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1. Scope of Services. On an as-needed basis for calendar year 2019 beginning January 1, 2019 and ending December 31, 2019, Consultant agrees to make its representative, James (Jim) R. Swanson, PE, available to assist in the transition from Consultant to New Consultant and to answer questions, provide information or documents related to the services Consultant provided to Authority during 2018 and prior years.

2. Compensation. For the Services performed for Authority during calendar year 2019, Consultant shall be compensated at the rate of $105.00 per hour; provided the total amount of compensation to be paid Consultant under this Agreement shall not exceed $15,000.00 without Authority’s prior written consent.

3. Amendment of Agreement. This First Amendment amends the Agreement to delete the Scope of Services and to provide that Consultant’s sole task is to provide assistance to Authority on an as-needed basis (“Services”) when requested by Authority at the hourly rate set forth above, on the same terms and conditions as set forth in the Agreement except the Services will be performed during 2019.

4. Re-Affirmance of Agreement. Except as amended by this First Amendment, the Agreement shall remain in full force and effect and shall be binding upon and in inure to the benefit of the Parties hereto, their respective heirs and assigns. Except as amended by this First Amendment, the Agreement shall remain in full force and effect.

5. Severability. In the event one or more provisions of the First Amendment, shall for any reason be held to be invalid or unenforceable, the remaining provisions of this First Amendment shall be unimpaired and shall remain in full force and effect and shall be binding upon the Parties hereto.

6. Counterparts. This First Amendment may be executed in counterparts, each of which taken together, shall constitute one original document.

7. Governing Law. This First Amendment shall be governed by and construed in accordance with the laws of the State of Colorado.

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IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date set forth below.

AUTHORITY:

CHERRY CREEK BASIN WATERQUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado

By:

Chuck Reid, Manager

Date:

This Agreement is accepted by:CONSULTANT:

JRS ENGINEERING CONSULTANT, LLC, a Colorado Limited Liability Company

By:

James (Jim) R. Swanson, PE

Title: Principal

Date:

By execution, signer certifies that he or she is authorized to accept and bind Consultant to the terms of this First Amendment.

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AS NEEDED CONSULTING SERVICES AGREEMENT

THIS AS NEEDED CONSULTING SERVICES AGREEMENT (“Agreement”) is entered into as of the 15th day of November, 2018, to be effective as of January 1, 2018, between the CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado (“Authority”), whose address is c/o CliftonLarsonAllen, LLP, 8390 Crescent Parkway, Suite 300, Greenwood Village, Colorado 80111, and HYDROS CONSULTING INC., a Colorado corporation (“Consultant”), whose address is 1628 Walnut Street, Boulder, Colorado 80302, telephone number 303-284-1841. Consultant and Authority may hereinafter singularly be referred to as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, the Authority was established for the purpose of preserving, protecting and enhancing the water quality in the Cherry Creek Reservoir (“Reservoir”) and the Cherry Creek Watershed (“Watershed”); and

WHEREAS, Consultant, pursuant to a prior agreement, as amended (“Reservoir Model Agreement”) worked with and developed for Authority a comprehensive watershed model for the Reservoir (“Reservoir Model”); and

WHEREAS, at times, questions arise with respect to the Reservoir and the Reservoir Model that Consultant is uniquely qualified to address; and

WHEREAS, separate and apart from the Reservoir Model Agreement and Consultant’s obligations thereunder, Authority desires to confer with Consultant from time to time for the purpose of obtaining advice and information with respect to the Reservoir Model and Reservoir management issues; and

WHEREAS, Consultant is willing to consult with Authority on an as needed basis from time to time and Authority is willing to utilize Consultant for that purpose, upon the terms and conditions hereinafter set forth.


1. Scope of Services. For calendar year 2019, Consultant agrees to make its representatives, including, but not limited to, Jean Marie Boyer and Christine Hawley, available to assist Authority and Authority’s consultants in answering questions and providing information with respect to management scenarios and other questions that are related to the Reservoir Model and the Reservoir.

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2. Authorization to Provide Services. Consultant will perform services on an as needed basis, but only when requested to do so in writing by the Authority’s Administrator.

3. Compensation. For the services performed for Authority during the Term of this Agreement, Consultant will be compensated in accordance with Consultant’s 2019 fee schedule, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. Notwithstanding any other provision contained herein to the contrary, total compensation for services provided by Consultant under this Agreement shall not exceed $15,000 without the Authority’s Board of Directors prior express written consent.

4. Separate Agreement. This Agreement is a new agreement that is being entered into between the Authority and Consultant and is in addition to the Reservoir Model Agreement. Services chargeable to and/or authorized under the Reservoir Model Agreement shall not be charged to or performed under this Agreement. Nothing contained in this Agreement shall be deemed to modify or anyway amend or supersede the existing Reservoir Model Agreement.

Notwithstanding the foregoing, however, the terms and provisions of the Reservoir Model Agreement relating to such things as method of payment, conflict of interest, records, audits, confidentiality of information and the like as set forth in paragraphs 6-23 of the Reservoir Model Agreement are incorporated herein as if fully set forth.

5. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.

6. Severability. In the event any one of more of the provisions of this Agreement shall for any reason be held to be invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and shall remain in full force and effect and shall be binding upon the Parties hereto.

7. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, rules and regulations, including but not limited to all federal, state and local laws.

8. Counterpart Signatures. This Agreement can be executed in counterparts, each of which taken together shall constitute one original document.

9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.

IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate original as of the dates set forth below. This Agreement must have the signature of an authorized person of Consultant on both original copies.

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AUTHORITY: CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado

By: Chuck Reid, Administrator Date:

CONSULTANT: HYDROS CONSULTING INC., a Colorado corporation

By: Jean Marie Boyer, P.E., Principal Date:

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Exhibit A

HYDROS CONSULTING, INC. 2019 FEE SCHEDULE

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AGREEMENT FOR CONSULTING SERVICES

FOR


THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is entered into as of the 15th day of November, 2018 to be effective as of January 1, 2019 between the CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado (“Authority”), whose address is c/o CliftonLarsonAllen, LLP, 8390 East Crescent Parkway, Suite 300, Greenwood Village, Colorado 80111, and RG AND ASSOCIATES, LLC, a Colorado limited liability company, (“Consultant”) whose address is 4885 Ward Road, Suite 100, Wheat Ridge, Colorado 80033. Authority and Consultant may hereinafter singularly be referred to as “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, the Authority was established for the purpose of preserving and protecting the water quality in the Cherry Creek Reservoir and the Cherry Creek Watershed; and

WHEREAS, in furtherance of its purposes, the Authority has retained and continues to retain, from time to time, numerous technical consultants;

WHEREAS, Consultant serves as a liaison between the Authority’s Board of Directors and the Authority’s Technical Advisory Committee and said liaison also attends, from time to time at the Authority’s request various meeting initiated by the Water Quality Control Division and other agencies involving water quality in the Cherry Creek Reservoir and the Cherry Creek Watershed; and

WHEREAS, Consultant represents that is has the personnel and expertise necessary to perform such services for Authority in a competent and timely manner; and

WHEREAS, Authority desires to continue receiving such services from Consultant during calendar year 2019 in accordance with the terms and provisions of this Agreement.


1. Scope of Services. Consultant, agrees to perform the services as described in the scope of services attached hereto as Exhibit A (consisting of one page) and incorporated herein by this reference (“Scope of Services”), together with all labor, materials, scheduling, procurement and related work reasonably inferable from the

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Scope of Services and necessary to provide such liaison and consulting services as contemplated by the Scope of Services (“Services”) The Services will be performed in accordance with this Agreement. In the event of a conflict or inconsistency between the terms and provisions of the Scope of Services and the text of this Agreement, the text of this Agreement shall control.

2. Notice to Proceed. As of the effective date of this Agreement and subject to receipt by the Authority of the Certificates of Insurance required by paragraph 16, Consultant is hereby authorized to provide the Services.

3. Completion Date. The Services shall be completed by Consultant on or before December 31, 2019 (“Completion Date”).

4. Responsibility for Services. The Authority shall not supervise the work of Consultant or instruct the Consultant on how to perform Services. Consultant shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all work, reports and other Services rendered, whether such work is performed directly by Consultant or by any subconsultant or subcontractor hired by Consultant and approved by Authority in accordance with paragraph 12 below. Without entitling Consultant to additional compensation, and without limiting Authority’s remedies, Consultant shall promptly remedy and correct and errors, omissions, or other deficiencies in the Services. Consultant warrants that all Services provided under this Agreement shall be performed with competence, and in accordance with the standard of care of Consultant’s profession prevailing in Colorado.

5. Compensation. Authority shall compensate Consultant for items 1 through 5 as described in the Scope of Services for a lump sum of $8,000 per year payable at the rate of $666.66 per month. The compensation to be paid Consultant under this Agreement is entire and complete and includes any and all reimbursable costs.

6. Method of Payment. Consultant shall provide invoices each month for work completed through the last day of the preceding month. Consultant shall submit with each invoice such supporting documentation as Authority may reasonably request. Authority will not compensate Consultant for preparing or responding to Authority’s questions regarding Consultant’s invoices. Unless Consultant has not properly performed the Services, invoices will be paid within thirty (30) days after receipt. The Authority shall have the right to refuse to pay all or a portion of an invoice that is inconsistent with this Agreement. The Authority may delay payment until it can verify the accuracy of an invoice, obtain releases or waivers with respect to work covered in the invoice, or resolve a dispute with the Consultant regarding an invoice.

7. Conflict of Interest. Consultant agrees that it shall not accept any employment during the term of this Agreement that creates a conflict of interest or

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compromises the effectiveness of the Consultant or otherwise interferes with the ability of Consultant to perform the Services required by this Agreement.

8. Records and Audits. The Consultant shall at all times maintain a system of accounting records in accordance with its normal billing procedures, together with supporting documentation for all work, purchases, services and billings under this Agreement. Consultant shall make available for audit and reproduction by the Authority all records, in whatever form, related to the Services. Consultant shall provide such availability during the term of this Agreement and for two (2) years after final payment. Consultant shall refund to the Authority any charges determined by an Authority’s audit to be inconsistent with this Agreement.

9. Confidentiality of Information. Except as required by law or as is necessary for the performance of the Services, Consultant shall retain in strictest confidence all information furnished by the Authority and the results of any reports prepared, studies conducted or plan produced as a result of this Agreement, along with all supporting work papers and any other substantiating documents. Consultant shall not disclose such information to others without the prior written consent of the Authority’s representative. Notwithstanding the foregoing, Consultant shall have no confidential obligation with respect to information that: (i) becomes generally available to the public other than as a result of disclosure by Consultant or its agents and employees; (ii) was available to Consultant on a non-confidential basis prior to its disclosure by Authority; and (iii) becomes available to Consultant from a third party who is not, to the knowledge of Consultant, bound to retain such information and confidence.

10. Ownership of Work Product and Documents. All printed material and electronic documents produced as a result of the Services performed under this Agreement shall be the sole property of Authority and may not be used, sold or disposed of in any manner without prior written consent of Authority’s representative. All reports, electronic or otherwise, and any other documents identified in the Scope of Services as being deliverable to the Authority shall be delivered to and turned over to the Authority upon completion of the Services, but in no event, later than the Completion Date. Notwithstanding the foregoing, Consultant may retain a copy of all printed material, electronic or other documents prepared under this Agreement.

11. Changes in Services. Authority and, in particular, the Authority’s manager shall have the right to order additions, deletions or changes in the Services at any time and for any reason, but especially for purposes of improving coordination between the Authority’s consultants and eliminating the duplication of Services, so long as such changes are within the general Scope of Services covered by this Agreement. Requests for material changes in the Services may be made by the Authority’s representative orally or in writing; provided, however, that oral requests shall be confirmed by a written request within ten (10) days after the oral request. If the

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Authority directs the Consultant to proceed with any material change, Consultant shall be paid for the change as agreed to by the Parties.

12. Approval of SubConsultants. Consultant shall not employ any subconsultant or subcontractor without the prior written approval of Authority’s representative nor shall Consultant assign any rights or obligations under this Agreement in whole or in part without the Authority’s prior written approval which may be withheld for any reason. Consultant shall be responsible for the coordination, accuracy and completeness of all Services in accordance with generally accepted principles and practices of Consultant’s profession, regardless of whether the Services are performed by Consultant or one or more subconsultants. Consultant shall endeavor to bind each of its approved subcontractors or approved subconsultants, if any, to the terms of this Agreement. In the event that the subconsultant or subcontractor is unwilling or unable to comply with any term or provision of this Agreement, Consultant will inform Authority of the specific term or provision at issue. Authority may accept the lack of compliance to the terms of this Agreement on the part of the subconsultant or subcontractor, or may request that a different subconsultant or subcontractor be retained. This Agreement may be terminated by Authority if subcontracted or assigned, either in whole or in part, by the Consultant without the express written consent of Authority’s representative.

13. Independent Contractor. In the performance of the Services, the Consultant shall be, for all purposes, an independent contractor and not an employee or agent of the Authority. Consultant and its employees and Subconsultants shall in no way represent themselves to third parties as agents or employees of the Authority.

14. No Unemployment Insurance or Workers’ Compensation Benefits. Consultant is not entitled to unemployment insurance or workers’ compensation benefits as a result of performance of the Services for the Authority. Consultant is required to provide workers’ compensation and unemployment insurance benefits for its employees and/or subconsultants and subcontractors as required by law.

15. Payment of Taxes. Consultant is solely liable for any federal and state income and withholding taxes, unemployment taxes, FICA taxes and Worker’s Compensation payments and premiums applicable to this Agreement or any services provided. Consultant shall indemnify the Authority for any liability resulting from nonpayment of such taxes and sums.

16. Insurance. Neither the Consultant nor any subconsultant, agent or employee thereof, shall continue work on any Services until the following minimum insurance coverages have been obtained:

16.1 Workers’ Compensation Insurance. The Consultant and each subconsultant shall carry workers’ compensation insurance to cover liability under the

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laws of the State of Colorado in connection with the Services performed pursuant to this Agreement. Consultant and each subconsultant or subcontractor shall carry separate policies.

16.2 Commercial General Liability Insurance. The Consultant and each subconsultant or subcontractor shall carry commercial general liability insurance, which shall include blanket contractual liability coverage. Such insurance shall be in an amount specified in the Colorado Governmental Immunity Act, § 24-10-101, et. seq., C.R.S., as may be amended from time to time (currently $387,000 per person, $1,093,000 per occurrence for bodily injury and property damage).

16.3 Automobile Liability Insurance. The Consultant and each subconsultant shall carry automobile liability insurance to include owned, non-owned and hired vehicles used in the performance of Services under this Agreement. Such insurance shall be in the amounts specified in the Colorado Governmental Immunity Act § 24-10-101, et. seq., C.R.S., as it may be amended from time to time (currently $387,000 per person, $1,093,000 per occurrence for bodily injury and property damage).

16.4 Professional Liability Insurance. The Consultant and each subconsultant or subcontractor shall carry professional liability insurance in the amount of $1,000,000 per claim and aggregate limit, unless an alternate amount is agreed to in writing by the Authority.

The required commercial general liability and automobile policies shall: (1) name the Authority as an additional insured for coverage only, with no premium payment obligation; (2) provide a cross-liability/severability of interest clause; and (3) provide that the coverage for the Authority will not be impaired by the Consultant or subconsultant’s failure to comply with any of the terms or conditions of the policy.

The Consultant and each subconsultant shall provide Certificates of Insurance (and renewals thereof) identifying this Agreement and demonstrating that the required coverages have been obtained. The Consultant shall not allow any subcontractor, agent or employee to commence work until appropriate Certificates of Insurance have been obtained and approved by the Authority. The coverages specified in each Certificate of Insurance shall not be terminated, reduced, or modified without providing at least thirty (30) prior written days notice to the Authority.


17.1 Illegal Aliens. In performing this Agreement, Consultant shall comply with all applicable laws, rules and regulations, including but not limited to all federal, state and local laws. By way of explanation and not limitation, Consultant certifies that Consultant shall comply with the provisions of § 8-17.5-101, et seq., C.R.S. Consultant shall not knowingly employ or contract with an illegal alien to perform Services under this Agreement, or enter into a contract with a subconsultant or

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subcontractor that knowingly employs or contracts with an illegal alien. Consultant represents, warrants and agrees that: (i) it has confirmed the employment eligibility of all employees who are newly hired for employment to perform Service under this Agreement through participation in either the E-Verify Program or the Department Program described in § 8-17.5-101, C.R.S. Consultant shall not use either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Consultant obtains actual knowledge that a subconsultant performing Services under this Agreement knowingly employs or contracts with an illegal alien, the Consultant shall: (i) notify the subconsultant and Authority within three (3) days that Consultant has actual knowledge that the subconsultant is employing or contracting with an illegal alien; (ii) terminate the subcontract with the subconsultant if within three (3) days of receiving such notice, the subconsultant does not stop employing or contracting with the illegal alien, unless the subconsultant provides information to establish that the subconsultant has not knowingly employing or contracting with an illegal alien. Consultant shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If Consultant fails to comply with any requirement of § 8-17.5-102(2), C.R.S., the Authority may terminate this Agreement for breach, and Consultant shall be liable for actual damages to Authority. If the Consultant participates in the Department Program, Consultant shall provide the affirmation required under § 8-17.5-102(5)(e)(III), C.R.S. to the Authority.

18. Communications. It is understood by Authority and Consultant that successful progress under this Agreement requires frequent, concise and documented communication between the Party’s representatives. Authority hereby designates Chuck Reid as the representative who shall give information to and receive information from Consultant. Authority may change its designated representative or name additional representatives from time to time.

Consultant hereby names Rick Gonçalves, as its representative who will give information to and receive information from Authority. Consultant may change its designated representative only with the prior written approval of Authority. Each designated representative shall have full authority to not only accept and receive information but also to accept notices, give approvals and to fully represent their respective Party for all purposes under this Agreement.

19. Liability. This paragraph 19 shall survive termination of this Agreement and shall overrule any contrary provision in amendment set forth on Exhibit A. Consultant agrees to provide a defense and pay any damages and costs for any liability or claim of whatsoever nature arising in any way out of this Agreement, to the extent caused by any negligent or wrongful act or omission of the Consultant, or Consultant’s officers, agents or employees. This paragraph 19 shall survive termination of this Agreement.

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20. Acceptance Not a Waiver. The Authority’s approval of studies, drawings, designs, plans, specifications, reports, computer programs and other work or material shall not in any way relieve Consultant of responsibility for the technical accuracy of the Services. The Authority’s approval or acceptance of, or payment for, any Services shall not be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement.

21. Termination or Suspension. The Authority reserves the exclusive right to terminate or suspend all or a portion of the Services under this Agreement by giving fourteen (14) days written notice to the Consultant. If any portion of the Services shall be terminated or suspended, the Authority shall pay the Consultant equitably for all services properly performed pursuant to this Agreement. If the work is suspended and the Consultant is not given an order to resume work within sixty (60) days from the effective date of the suspension, this Agreement will be considered terminated. Upon termination, the Consultant shall immediately deliver to the Board any documents then in existence, that have been prepared by the Consultant pursuant to this Agreement.

22. Default. Each and every term and condition of this Agreement shall be deemed to be a material element of this Agreement. In the event either Party shall fail or refuse to perform according to the material terms of this Agreement, such Party may be declared in default by the other Party by a written notice.

23. Remedies. In the event a Party has been declared in default, such defaulting Party shall be allowed a period of fifteen (15) days within which to correct, or commence correcting, the default. In the event that the default has not been corrected or begun to be corrected, or the defaulting Party has ceased to pursue the correction with due diligence, the Party declaring default may elect to (a) terminate this Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail itself of any other remedy at law or in equity. In the event Consultant fails or neglects to perform the Services in accordance with this Agreement, the Authority may elect to correct such deficiencies and charge Consultant for the full cost of the corrections.

24. Term. Unless sooner terminated in accordance with the provisions of paragraph 21 above, this Agreement shall remain in effect until the Services are fully performed, at which time the Agreement shall terminate and be of no further force and effect, except as to those provisions which expressly survive termination, including but not limited to paragraphs 8, 9, 10, and 12.

25. Force Majeure. The Parties shall not be responsible for any failure or delay in the performance of any obligations under this Agreement caused by acts of God, flood, fire, war or public enemy.

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26. Assignment. Subject to the provisions of paragraph 12 above, this Agreement shall bind and inure to the benefit of the Parties and their respective successors and assigns. This Agreement is intended to benefit only the Parties and neither subconsultants, subcontractors nor suppliers of Consultant nor any other person or entity is intended by the Parties to be a third party beneficiary of this Agreement.

27. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Colorado.

28. Notice. All notices required or given under this Agreement shall be in writing, and shall be deemed effective: (a) when delivered personally to the other Party; or (b) seven (7) days after being deposited in the United States mail, first-class postage prepaid, properly addressed as follows; or (c) when sent by facsimile transmission and receipt is confirmed by return facsimile transmission.

If to Consultant: Rick Gonçalves RG and Associates, LLC 4885 Ward Road, Suite 100 Wheat Ridge, Colorado 80033 If to Authority: Chuck Reid CliftonLarsonAllen, LLP 8390 East Crescent Parkway, Suite 300 Greenwood Village, Colorado 80111 With a copy to: Timothy J. Flynn Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556

or such other persons or addressees as the Parties may designate in writing.

29. Governmental Immunity. The Parties understand and agree that the Authority is relying upon, and has not waived, the monetary limitations of $387,000 per person, $1,093,000 per occurrence, and all other rights, immunities and protections provided by the Colorado Governmental Immunity Act §24-10-101 et seq., C.R.S., as it may be amended from time to time.

30. Entire Agreement. This Agreement constitutes the entire agreement between the Authority and Consultant and replaces all prior written or oral agreements

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and understandings. It may be altered, amended or repealed only by a duly executed written instrument.

31. Effective Date. This Agreement shall become effective as of January 1, 2019.

AUTHORITY: CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado

By:

Stephanie Piko

Title: Chair

Date:

Attest: John A. McCarty, Secretary

This Agreement is accepted by:

CONSULTANT: RG AND ASSOCIATES, LLC, a Colorado limited liability company

By:

Rick Gonçalves

Title: President

Date: By execution the signor for Consultant certifies that he or she is authorized to accept and bind Consultant to the terms of this Agreement.

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EXHIBIT A SCOPE OF SERVICES

1. Attend Technical Advisory Committee meetings.

2. Attend all Cherry Creek Basin Water Quality Authority Board meetings.

3. Attend Technical Advisory Committee and Board work sessions, as necessary.

4. Coordinate with the Authority’s consultants in the pursuit of the Authority’s business and affairs.

5. Attend other Authority related meetings as necessary.

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Fiscal Focus Partners, LLC

12136 W est Bayaud Ave. , Suite 300, Lakewood, CO 80228 5555 DTC Parkway, Suite 375, Greenwood Vi l lage, CO 80111 303.202.1800 Of f ice 303.237.0155 Fax www.f fpcpa.com

October 30, 2018

To the Board of Directors and Management Cherry Creek Basin Water Quality Authority Arapahoe and Douglas Counties, Colorado We are pleased to confirm our understanding of the services we are to provide Cherry Creek Basin Water Quality Authority (the Authority) for the year ended December 31, 2018. We will audit the financial statements of the governmental activities, the business-type activities, and each major fund, including the related notes to the financial statements, which collectively comprise the basic financial statements of the Authority as of and for the year ended December 31, 2018. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the Authority’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, if the Authority includes MD&A, we will apply certain limited procedures to the Authority’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the MD&A, if included, because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. If the Authority elects to omit MD&A, our report will contain a statement that the Authority has omitted MD&A. The Statements of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual – General Fund and Pollution Abatement Fund, will be subjected to the auditing procedures applied in the audit of the financial statements.

We have also been engaged to report on supplementary information other than RSI that accompanies the Authority’s financial statements. We will subject the following supplementary information, as applicable, to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor’s report on the financial statements:

1) Schedule of Revenues, Expenditures and Changes in Funds Available – Budget and Actual (Budgetary Basis) – Water Activity Enterprise Fund

2) Reconciliation of Budgetary Basis (Actual) to Statement of Revenues, Expenses and Changes in Net Position – Water Activity Enterprise Fund

3) Summary of Assessed Valuation, Mill Levy and Property Taxes Collected.

Audit Objective The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the Authority’s financial statements. Our report will be addressed to the Board of Directors of the Authority. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions

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or add emphasis-of-matter or other-matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or may withdraw from this engagement.

Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters.

Audit Procedures—Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards.

Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Authority’s compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion.

Other Services We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.

Management Responsibilities Management is responsible for designing, implementing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including monitoring ongoing activities; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with U.S. generally accepted accounting principles.

Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence.

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Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws and regulations.

You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.

You agree to assume all management responsibilities for any nonattest services we may provide; oversee the services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them.

Engagement Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers.

We understand that your employees will prepare the financial statements and all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing.

The audit documentation for this engagement is the property of Fiscal Focus Partners, LLC and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to an applicable regulator or its designee. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Fiscal Focus Partners, LLC personnel. The applicable regulator or its designee may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies.

We expect to begin our audit on a date mutually agreed to by your accountants and our firm, and to issue our reports no later than July 31, 2019, or September 30, 2019 if management requests an extension of time from state auditor. Eric Barnes or Susan Opalinski will be the engagement partner and will be responsible for supervising the engagement and signing the report or authorizing another individual to sign it.

Our fee for these services will be $6,500 plus out-of-pocket costs (such as postage, mileage, etc.). Our invoice for these fees will be rendered upon completion of fieldwork and in-house review and is payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes thirty days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel, contractors, and professionals, and the assumption that unexpected circumstances will not be encountered during the

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audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs.

Contractor Certification Regarding Illegal Aliens – Public Contracts for Services Pursuant to the requirements of Section 8-17.5–102(1), C.R.S., we hereby certify to the Authority that we do not knowingly employ or contract with an illegal alien who will perform work under the Agreement and that we participate in the E-Verify Program or Department Program (as defined in Sections 8-17.5-101(3.3) and (3.7), C.R.S.) in order to confirm the employment eligibility of all employees of Fiscal Focus Partners, LLC who are newly hired to perform work under the Agreement.

In accordance with Section 8-17.5-102(2)(a), C.R.S., we shall not:

1) Knowingly employ or contract with an illegal alien to perform work under the Agreement; or

2) Enter into a contract with a subcontractor that fails to certify to us that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Agreement.

We represent and warrant that we have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement through participation in either the E-Verify Program or the Department Program.

We are prohibited from using either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while the Agreement is in effect.

If we obtain actual knowledge that a subcontractor performing work under the Agreement knowingly employs or contracts with an illegal alien, we shall:

1) Notify the subcontractor and the Authority within three days that we have actual knowledge that the subcontractor is employing or contracting with an illegal alien; and

2) Terminate the subcontract with the subcontractor if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien; except that we shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.

We shall comply with any reasonable request by the Colorado Department of Labor and Employment (“Department”) made in the course of an investigation that the Department is undertaking, pursuant to the law.

If we violate any provision of Section 8-17.5–102(1), C.R.S., the Authority may terminate the Agreement immediately and we shall be liable to the Authority for actual and consequential damages of the Authority resulting from such termination, and the Authority shall report such violation by us to the Colorado Secretary of State, as required by law.

We appreciate the opportunity to be of service to Cherry Creek Basin Water Quality Authority and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.

Very truly yours,

Fiscal Focus Partners, LLC

RESPONSE:

This letter correctly sets forth the understanding of Cherry Creek Basin Water Quality Authority.

Authorized signature: Title: ______________________

Date: ___________

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SHAREHOLDERS

Paul R. CockrelJames P. CollinsRobert G. ColeTimothy J. FlynnEvan D. ElaLinda M. GlesneDavid A. GreherKathryn G. Winn

ASSOCIATES

Joseph W. NorrisAllison C. UlmerBart W. Miller

OF COUNSEL

Matthew P. Ruhland

Direct Dial 303.218.7198

[email protected]

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390 Union Blvd, Suite 400, Denver, CO 80228-1556

office 303.986.1551 | toll free 800.354.5941 | fax 303.986.1755 | www.cccfirm.com

November 8, 2018

Stephanie Piko, ChairCherry Creek Basin Water Quality Authorityc/o CliftonLarsonAllen, LLP8390 E. Crescent Parkway, Suite 300Greenwood Village, CO 80111

Re: 2019 Letter of EngagementCherry Creek Basin Water Quality Authority

Dear Chairman Piko:

I am pleased that the Board of Directors (“Board”) of the Cherry Creek Basin Water Quality Authority (“Authority”) desires to continue the retention of Collins, Cockrel & Cole, P.C., as the Authority’s general counsel for 2019. This letter is intended to outline the terms governing our service to the Authority.

Section 1. Services.

We will advise the Authority on all legal matters referred to us by the Authority. I anticipate that this will involve attending at least one meeting of the Board each month, as well as any study sessions, executive sessions or special meetings at which the Board wants legal counsel in attendance. In addition, we will advise the Board regarding specific continuing legal obligations including but not limited to, all statutory compliance matters, special elections, budgets, and statutory audit requirements. I also envision that we will review and/or prepare resolutions, contracts, easements or any other documents that the Board asks us to review or prepare in the ordinary and normal course of the Authority’s activities.

Section 2. Responsible Attorney.

I will serve as the attorney responsible for providing general legal services to the Authority; provided, however, that the services of any paralegal or other attorney in our firm may be utilized by me depending upon the nature of the specific legal services requested by the Board. A listing of the other attorneys in the firm and a range of hourly rates will be provided as soon as they have been established by the firm for 2019. I anticipate that to occur before the end of November.

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Stephanie Piko, ChairNovember 8, 2018Page 2

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Section 3. Term.

Our engagement shall continue effective January 1, 2019 upon the Board’s approval of this engagement letter and will remain in effect through December 31, 2019, unless terminated by either party, with or without cause, upon 30 days prior written notice to the other party.

Section 4. Compensation.

For each month during which we perform services on behalf of the Authority, a comprehensive billing statement detailing the services rendered and the amount of time spent in performance thereof will be provided to the Board. The Authority would be expected to pay for the total time at the current rates in effect for professional services rendered. At the present time, my billing rate is $365 an hour which may increase to $370 per hour in 2019. Given my experience with other public entities of a similar type and nature, I anticipate that the annual bill to the Authority for legal services during 2019 will not exceed $60,000. This amount will not be exceeded without obtaining the prior consent of the Board.

Clerical services would rarely be billed to the Authority, but extraordinary use of a clerical person’s time may be billed with the Board’s prior approval. Paralegals and associates will be utilized and their time billed to the Authority when their skills are commensurate with a particular project, so as to minimize the cost of legal services. The responsible attorney will closely supervise the work of all associates and paralegals who render services on behalf of the Authority.

Expenses:

Expenses for which the firm will or will not receive reimbursement are as follows, along with the rates for such reimbursement:

1. Mileage.No charge, unless lengthy travel is involved.

2. Out of Town Travel.At cost, but only as approved by the Board. Travel time by an attorney and/or staff will be billed, and trips will be coordinated with other clients to the extent possible to minimize travel costs.

3. Long-Distance Telephone Service.No charge, unless unusual circumstances exist, such as lengthy time, multiple parties and/or teleconferencing.

4. Computer Expenses.No charge, except for computer research costs, billed at actual cost without mark-up.

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5. Photocopies.No charge for in-house photocopying, unless there is a large volume of copying. Outside copying and printing billed at actual cost without mark-up.

6. Postage.No charge for usual first class mailings, such as mailings to the Authority, courts, counsel of record and other consultants. Mass mailings, such as election notices, and overnight and special delivery mailings billed at actual cost without mark-up.

7. Facsimile.No charge.

8. Couriers.Courier service will be used on an as-needed basis with the cost thereof being billed to the Authority without mark-up.

9. Other Monies Advanced.Monies advanced may include payment of filing fees, costs for service of process, and related services when necessary, recording fees, and certain miscellaneous election expenses such as publication costs. All such monies advanced will be billed to the Authority at cost without mark-up.

It is understood that the Authority will not be responsible for any general secretarial support or general office expense of this firm. Fees for all time devoted to Authority matters will be billed at the hourly rate for the attorney or paralegal that provides service to the Authority. As stated earlier, my billing rate is $365 per hour. This rate will remain in effect through December 31, 2018 and will be changed only upon 30 days written notice to the Board.

Section 5. Potential Conflict of Interest.

I am not aware of any potential conflicts of interest that may stem from my ongoing representation of other clients.

Section 6. Communications between Attorney and District.

Written and oral communications between my office and the Authority on Authority matters shall be made using all current forms of technology including mail, express courier, fax, e-mail, land-based telephone, cellular telephone and other electronic means of communication as such technology becomes available. The security of such means of communication, particularly electronic means such as fax, e-mail and cellular telephone cannot be guaranteed, and therefore a risk exists that privileges such as the attorney-client privilege may be waived if a communication is inadvertently received by persons other than the Authority. If the Authority desires to avoid the risk of inadvertent disclosure by any particular means of communication, the Authority must contact me and instruct me as to any unacceptable means of communication for Authority matters.

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Section 7. Disclaimer of Warranties.

There can be no warranties, express or implied, as to the success of any matter undertaken by either me or any other attorney in this firm in connection with our representation of the Authority. All expressions made by me or any attorney in this firm relative thereto are solely matters of opinion.

Section 8. Illegal Alien Certification.

I certify that I will comply with the provisions of Section 8-17.5-101, et seq., C.R.S. and will not knowingly employ or contract with an illegal alien to perform work for the Authority. I represent and agree that I have confirmed or attempted to confirm the employment eligibility of all firm employees who are newly hired for employment in the United States to perform work under this Agreement through participation in either the E-Verify Program or the Department Program described in Section 8-17.5-101, C.R.S. I agree to comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If this firm does not comply with any requirement of Section 8-17.5-101, et seq., C.R.S. regarding illegal alien verification, the Authority may immediately terminate this Agreement, subject to payment for work performed prior to termination and this firm shall be liable for actual damages to the Authority.

Section 9. Power of Attorney to Execute Documents.

The Authority grants to the undersigned the power to execute documents connected with the representation of the Authority, which have been approved in advance by the Board including pleadings, applications, protests, contracts, commercial papers, settlement agreements and releases, verifications, dismissals, orders, and all other documents associated with providing legal representation to the Authority as general counsel.

Section 10. Entire Agreement.

The terms herein represent the entire agreement of the parties concerning our representation of the Authority. The agreement represented by this letter may not be amended or modified except in writing and signed by both parties hereto. The agreement represented by this letter shall remain in effect until terminated by written notice of either party as set forth in Section 3 above.

If the foregoing engagement letter is acceptable to the Board, I would appreciate it if the Chair of the Authority would execute this letter in duplicate original and return one fully-executed copy to me in the enclosed self-addressed stamped envelope. I look forward to working with you and the other members of the Board in the future.

Cherry Creek Basin Water Quality Authority Collins Cockrel & Cole, P.C.

By: By:

Stephanie Piko, Chair Timothy J. Flynn, Shareholder

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ADMINISTRATIVE SERVICES AGREEMENT


THIS ADMINISTRATIVE SERVICES AGREEMENT (“Agreement”) is made and entered into this 15th day of November, 2018, to be effective as of January 1, 2019, between the Cherry Creek Basin Water Quality Authority, a quasi-municipal corporation and political subdivision of the State of Colorado (“Authority”) and CliftonLarsonAllen, LLP (“Company”), whose address is 8390 E. Crescent Parkway, Suite 300, Greenwood Village, CO 80111.

RECITALS

WHEREAS, the Authority was established for the purpose of preserving and protecting the water quality in the Cherry Creek Reservoir and the Cherry Creek Watershed; and

WHEREAS, Authority has no employees and in furtherance of its purpose, Authority contracts for various consulting and other services including administrative services; and

WHEREAS, Company represents that it has the personnel and expertise necessary to perform administrative services for the Authority, including coordination of the Authority’s other consultants, and that it has performed similar services for other public and private entities; and

WHEREAS, the Company represents that it has a successful record of completing work of the highest quality with competent staff in a thorough and timely manner.

NOW, THEREFORE, for and in consideration of the promises set forth herein, Authority and Company agree as follows:

ARTICLE I.APPOINTMENT OF ADMINISTRATOR

1.1 Appointment of Administrator. The Authority hereby confirms Company’s appointment as the Authority’s Administrator and authorizes and retains Company to serve as Authority’s Administrator for calendar year 2019.

1.2 Independent Contractor. In serving as the Authority’s Administrator, Company shall be an independent contractor to the Authority and not an employee of the Authority. Company shall have no authority to act as the Authority’s agent or designee, unless specifically authorized to do so by this Agreement or subsequent action of the Authority’s Board of Directors (hereinafter referred to as the “Board”).

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ARTICLE II.SCOPE OF SERVICES, DUTIES AND AUTHORITY

2.1 Scope of Services. Subject to and in accordance with the terms and provisions of this Agreement, Company shall provide administrative services for Authority as more particularly described in Article III below, which services are identified herein as Basic Services and Special Services. As used in this Agreement, the term “Services” shall refer collectively to Basic Services and to Special Services.

2.2 Authority. The Company shall have only such authority to act on the Authority’s behalf as specified in Article III below. The Company shall have no authority, either express or implied, to take any action, expend any sum, incur any debt or other obligation, or otherwise obligate the Authority in any manner whatsoever, except to the extent specifically provided for in this Agreement, or as is specifically authorized by the Board as reflected in the approved minutes of the Board meetings. The Company shall have no right or interest in any of the Authority’s assets, nor any claim or lien with respect thereto, as a result of this Agreement, or the performance of Services as provided for herein.

2.3 Duties. The Company shall at all times conform to the stated polices as established and approved by the Board from time to time and the scope of the Company’s authority shall be limited to said stated policy. The Company shall at all times be subject to the direction of the Board and shall keep the Board advised as to all matters concerning the Services it is providing. All Services as set forth herein shall be provided in full compliance with all applicable laws, rules and regulations of any federal, state, county or municipal body or agency having jurisdiction over the activities of the Authority and/or the Company.

ARTICLE III.BASIC AND SPECIAL SERVICES

3.1 Basic Services. The Company shall, in a reasonable, prudent and business-like manner, perform such Administrative Services as the Board may from time to time direct in connection with the ordinary and usual business and affairs of the Authority (hereinafter “Basic Services”). At a minimum, Basic Services shall consist of the following tasks:

A. Board Meeting Attendance. Attend regular Board meetings, and prepare for such meetings the agenda packets, meeting minutes, and follow up on assignments from the Board in a timely manner. In addition, prepare, file and post legal notices required in conjunction with any such meetings and perform such other details incidental to meeting preparation and follow up including maintaining lists of persons and organizations for correspondence.

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B. Custodian of Records. Company shall serve as the official custodian for all of the Authority’s records.

C. Answering Service. Company shall maintain a 24 hour, 7 day a week, 365 day a year answering and paging service for the Authority.

D. Attendance at Technical Advisory Committee Meetings. Attend regular meetings of and actively monitor, and keep minutes of the activities of the Board’s Technical Advisory Committee, and any subcommittees thereof up to a maximum of twelve (12) subcommittee meetings per year. The Board shall be kept apprised by Company of the activities of the TAC to help ensure that the activities of the TAC are in accordance with the Board’s policies and goals as established from time to time.

E. Attendance at Special Events. In addition to attendance at regular Board meetings and Technical Advisory Committee meetings and subcommittee meetings, Basic Services shall include attendance by a Company representative at up to three (3) other events, activities or meetings per year (“Special Event”); provided, however, if attendance at any Special Event exceeds three (3) hours in duration such excess time shall be considered a Special Service under Article 3.2 below.

F. Coordination of Consultants and Contractors. The Company shall make recommendations with respect to the Authority’s consultants and contractors, and the Company shall at all times coordinate the activities of the professional consultants (“Consultants”) retained by the Authority. The Company shall monitor the activities of any contractors retained by the Authority (“Contractors”) for the construction of Authority financed projects. If Company believes a Consultant or Contractor is not performing satisfactorily or in the best interest of the Authority, the Company will so advise the Board and will make suggestions and recommendations as to how to correct or remedy the situation. In addition to the foregoing, Company, for the purposes of improving coordination between the Authority’s other Consultants and eliminating the duplication of services, Company shall have the right to order additions, deletions or changes in the services being provided by the Authority’s other Consultants at any time, so long as such changes are within the general scope of the affected Consultant’s scope of services.

G. Contract Administration. To the extent not performed by others, the Company shall monitor and administer all Board consultant and contractor contracts for compliance with deadlines and other significant terms and provisions and to ensure that all payments made to consultants are proper. To the extent not performed by others (such as the Authority’s consulting engineer for construction contracts), Company shall make a recommendation to the Board regarding the payment of all payables submitted to the Board for approval.

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H. Website Maintenance. The Company shall, when requested by Authority, coordinate with the vender or venders retained by the Authority to update and maintained the Authority’s website so that it has current and topical information available for users of the website.

I. Provision of Office Facilities. The Company shall provide an office adequate for the conduct of the Authority’s business and affairs. Such office shall include a meeting room for Board meetings and is currently located at 8390 E. Crescent Parkway, Suite 200, Greenwood Village, CO 80111. The Authority’s office shall include adequate space for the repository of all Authority records. All normal and usual administrative expenses associated with the provision of the Authority’s office space, including but not limited to, rent, utilities, taxes, maintenance, telephone services, long distance telephone charges, postage, office supplies, furniture, and delivery charges, etc., shall be borne by the Company and shall not be an obligation of the Authority. Copying and other duplicating costs, however, shall be charged to the Authority at Company’s actual cost without any additional markup.

J. Office Facility Staffing. In connection with the provision of an office for Authority business, the Company shall provide a receptionist, secretarial and administrative support personnel and services adequate to handle the business and affairs of the Authority in a reasonable, prudent and professional business-like manner. All salaries, wages, payroll taxes, fringe benefits and other expenses related to such personnel and services shall be borne by the Company and shall not be an obligation of the Authority.

K. Authority Records. The Company shall maintain an accessible, secure, organized, and complete filing system for all Authority official records, whether in electronic or paper form.

L. Claim Processing. The Company shall, on a monthly basis, review all claims submitted to the Authority for payment and prepare all checks and coordinate the posting thereof with the Authority’s accounting firm. The Company shall make a recommendation regarding the payment of all such claims that are presented to the Board for approval.

M. Meeting Coordination. In addition to attending all regular Board meetings, the Company shall prepare, file and post all legal notices required in connection with such meetings, and shall attend to all details incident to preparation and follow up therefore. All minutes prepared by the Company shall be as specific in nature as the Board shall request. A copy of each approved set of minutes shall be kept in a minute book specifically designated as the Authority’s official minute book.

N. Coordination of Financial Statement Preparation and Review. The Company shall, in coordination with the Authority’s accounting firm, coordinate the

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provision of all financial and accounting services for the Authority, including but not limited to the preparation and review of unaudited financial reports and with respect to the Authority’s budget, contracts and investments. By way of explanation and not limitation, Company shall also track the funding, contracts and budgets for all studies, projects and programs of the Authority and track the collection of all taxes, fees, and charges that either collected directly by the Authority or on the Authority’s behalf by other entities, such as the State of Colorado acting through the Division of Parks and Outdoor Recreation.

O. Insurance. The Company shall oversee the procurement and the maintenance of the Authority’s insurance coverages, including general liability, public officials, property, auto, and any other coverage which the Authority procures. By way of explanation and not limitation, Company shall also evaluate risk, compare coverages, process claims, complete insurance applications, monitor expiration dates on all insurance policies, process routine written and telephone correspondence, and ensure that all Authority contractors and subcontractors maintain required coverages for the Authority’s benefit.

P. Customer Service. The Company shall respond to routine inquiries, questions and requests for information from residents and property owners within the Authority’s territorial boundaries and from any stakeholder in the Cherry Creek Reservoir and Cherry Creek Basin.

Q. Investments. The Company shall oversee and administer the investment of all Authority funds based on investment policies established by the Board, but in any case in accordance with state law. This function shall include the evaluation of alternative investment vehicles from time to time and the making of recommendations to the Board regarding investment options on a quarterly or more frequent basis, if requested by the Board.

R. Liaison Services. When requested by the Board, the Company shall generally represent the Authority through meetings, correspondence and other communications before other governmental bodies, contractors, customers and other persons.

S. Rules and Regulations. The Company shall provide coordination and administration of the Authority’s bylaws and to the extent applicable, the Authority’s rules and regulations.

T. Budget. The Company shall prepare annual budgets for the Authority, including the preparation of proposed budgets in coordination with accounting and legal firms, preparation of required necessary publications, legal notices, resolutions, certifications, notifications and correspondence associated with the adoption of the annual budget and certification of the Authority’s tax levy, if any.

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U. Contract Bidding and Administration. When requested by the Board, the Company shall provide coordination and administration of the Authority’s bidding procedures and, when necessary, contract administration and supervision services.

3.2 Special Services. The following services shall be considered special services (“Special Services”). The Company will advise of the timing and estimated additional expense associated with any Special Service prior to the undertaking of the task. Special Services shall only be undertaken upon the express written direction of the Board or action taken at a regular or special meeting of the Authority as reflected in the Authority’s minutes. The following shall be considered Special Services:

A. Election Services. Election administration and coordination with legal counsel, preparation of election materials, publications, legal notices, pleadings, conducting training sessions for election judges, and generally assisting in conducting any Authority election.

B. Special Meetings. The attendance at any special meeting of the District’s Board or any special meeting of the Technical Advisory Committee or any subcommittee thereof, except where such special meetings are held in lieu of a regular Board, Technical Advisory Committee or subcommittee meeting that has been or which will be cancelled.

C. Miscellaneous. Any other service with respect to the administration of the Authority’s affairs that is requested by the Board, but which is outside the ordinary and usual day to day activities of the Authority, including providing as many Chuckisms from time to time as the Board may request.

3.3 Utilization of Personnel. In performing Basic Services and Special Services hereunder, Company shall strive to utilize its personnel in such a manner that effectively matches the skills, expertise and cost of the Company’s personnel with the needs of the Authority so that the needs of the Authority are met in as cost effective a manner as is reasonably possible under the circumstances. For example, the Company shall use its best efforts to not assign more personnel to the performance of an Authority task than is reasonable under the circumstances, nor shall Company assign highly compensated personnel to perform a task that can be performed just as effectively by other personnel whose hourly rate to the Authority is less.

ARTICLE IV.COMPENSATION

4.1 Basic Services. Authority shall compensate Company for Basic Services performed under this Agreement in accordance with Company’s hourly rates as set forth on Exhibit A, which is attached hereto and incorporated herein by this reference;

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provided, however, that the compensation to be paid Company by Authority for Basic Services each month shall under no circumstances exceed $10,300 per month.

4.2 Special Services. Authority shall compensate Company for Special Services performed under this Agreement in accordance with Company’s hourly rates as set forth on Exhibit A and any special arrangement for compensation as reflected in the approved minutes of the Authority or as agreed to in writing between the Authority and Company prior to the performance of such Special Services as required by Article 3.2 above.

4.3 Reimbursement of Approved Expenditures. In addition to the monthly administration fee set forth in Article 4.1 above, and any hourly compensation for Special Services due under Article 4.2 above, the Company shall be reimbursed by the Authority for those specific expenditures incurred by the Company on behalf of the Authority that are specifically approved in advance by the Board in writing or as reflected in the minutes of duly convened Board meetings. The Company shall submit an itemized account of such expenditures, including reference to the specific Authority project and/or authorization by the Board, for the incurrence of such expenditure, prior to being entitled to reimbursement by the Authority. Except for copying, postage and conference call expenses incurred in connection with the preparation of the monthly meeting packet, which will be reimbursed at cost, there shall be no reimbursement for the normal and usual administrative expenses and salaries incurred by the Company pursuant to Articles 3.1, 3.2, and 3.3.

4.4 Method of Payment. Company shall invoice the Authority for all Basic Services and Special Services performed hereunder after such Services have been performed. Invoices submitted by Company shall include a description of the Service rendered and an itemization of the charge contained therein, and where practical, shall be supported by such data or documents substantiating Company’s right to payment as the Authority may reasonably require, including but not limited to the date the Service was performed, the man hours expended, the name, position, and rate of each employee involved in performance of the Services. In addition, Company’s invoice to Authority shall be broken out so that Authority can effectively determine what Services were performed as part of Basic Services hereunder and what Services were performed as part of Special Services hereunder. A copy of Company’s invoice to Authority shall be provided in advance of each monthly meeting to such Authority Board Members or Member as the Authority may from time to time direct.

ARTICLE V.DURATION, TERMINATION AND DEFAULT

5.1 Initial Term. The initial term of this Agreement shall commence effective January 1, 2019, and shall continue, unless sooner terminated, in accordance with other

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provisions of this Agreement, until 11:59 p.m. Mountain Standard Time on December 31, 2019.

5.2 Renewal. At the option of the Authority and with the written consent of Company, this Agreement may annually be renewed two times for an additional one year term each time the Agreement is renewed; provided, however, that nothing herein contained shall prevent the Authority from seeking proposals for administrative services from interested parties at or before the end of any term of this Agreement. In the event the Authority desires to renew this Agreement for any succeeding one year term (up to a maximum of two times), the Authority shall, no later than November 1 of the then current term, notify Company in writing, that Authority wishes to exercise its option to renew this Agreement for another year, but Company can waive this deadline, and in its discretion, renew this Agreement for an additional one year term where notice of the Authority’s desire to do so is submitted to Company after November 1. Upon receipt of any notice to renew from Authority, Company shall have thirty (30) days to state its willingness to renew for an additional one year period on the same terms and conditions or upon such changed terms and conditions as both Authority and Company shall agree; otherwise this Agreement shall terminate at the end of the term then in effect.

5.3 Termination. Company may terminate this Agreement at any time and for any reason by providing the Authority written notice of intent to terminate at least 60 days prior to the date of termination. The Authority may terminate this Agreement at any time and for any reason by providing the Company written notice of intent to terminate at least 30 days prior to the date of termination. In addition, the Board may terminate this Agreement immediately upon the occurrence of any default by the Company and upon written notice to the Company from the Board specifying the nature of such default. A default shall be defined as the occurrence of any of the following:

A. The Company filing a voluntary petition in bankruptcy or being adjudicated bankrupt or insolvent, or filing any petition or answer seeking any reorganization, liquidation or similar relief; or

B. If the Company fails to perform any of its services in the manner or within the time required, or commits or permits a breach of or default in any of its duties, liabilities or obligations hereunder, and fails to reasonably cure or remedy such failure, breach or default with ten (10) days after written notice by the Authority specifying the nature of such failure, breach or default, or if such breach or default cannot reasonably be cured within 10 days, fails to commence such cure or remedy within said 10-day period or at any time thereafter fails to diligently prosecute such cure or remedy to completion.

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ARTICLE VI.OWNERSHIP OF INFORMATION AND MATERIALS

6.1 Ownership of Data and Documents. The Company shall, upon termination of the term hereof, or any sooner termination of this Agreement, deliver to the Authority at no cost or expense to the Authority, all records of the Authority, including but not limited to all written data and information generated by or for the Company for the Authority, or supplied to the Company by the Authority or the Authority’s contractors or agents, and all drawings, plans, books, records, contracts, agreements and other documents and writings in the Company’s possession relating to the Services provided hereunder, including any and all subcontract agreements. Except for subcontracts, nothing contained herein shall require the Company to disclose any confidential or proprietary Company information that is generated by or used by the Company in providing Services under this Agreement, unless disclosure is otherwise required by law.

ARTICLE VII.BONDING AND INSURANCE

7.1 Insurance. The Company shall, during the term of this Agreement or any renewals or extensions hereof, maintain at its sole cost the following types of insurance coverage with companies and in amounts acceptable to both the Company and the Authority. In all policies, the Authority shall be named as an additional insured.

A. General liability coverage designed to insure against injury to the property of third parties or the persons of those third parties caused by the actions or omissions of the Company, or its employees or agents, in the operation of the Authority and its facilities in the minimum amount of $1,093,000/$387,000, or in the amount reflecting the current level of governmental immunity provided by statute, whichever is greater.

B. The Company shall provide and maintain, for all of its employees, workmen’s compensation insurance or other such compensation provisions for its employees as required by Title 8, Articles 40 to 54, Colorado Revised Statutes, as amended, and pertinent federal statutes. The Company shall comply with all applicable unemployment compensation requirements. The Company agrees to indemnify the Authority for any loss resulting from the Company’s failure to obtain or maintain proper workmen’s compensation insurance or unemployment compensation provisions as required by this subsection (b).

C. The Company shall provide certificates of insurance or other proof of compliance with the foregoing provisions to the Authority. The Company agrees to provide the Authority with any notice of cancellation of insurance. The Company further agrees to require the insurance company providing insurance under this section to notify the Authority of any cancellation of insurance. The Company agrees to indemnify the

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Authority for any loss resulting from the Company’s failure to obtain and maintain proper insurance as required by this Agreement.

7.2 Indemnification for Fraudulent or Dishonest Acts. Company shall indemnify and hold harmless the Authority from and against any fraudulent or dishonest act of Company or its employees, officers or agents which results in the loss of money, securities or other property belonging to or in the possession of the Authority.

ARTICLE VIII.COMPLIANCE WITH LAWS

8.1 Illegal Aliens. In performing this Agreement, Company shall comply with all applicable laws, rules and regulations, including but not limited to all federal, state and local laws. By way of explanation and not limitation, Company certifies that Company shall comply with the provisions of § 8-17.5-101, et seq., C.R.S. Company shall not knowingly employ or contract with an illegal alien to perform Services under this Agreement, or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. Company represents, warrants and agrees that: (i) it has confirmed the employment eligibility of all employees who are newly hired for employment to perform Service under this Agreement through participation in either the E-Verify Program or the Department Program described in § 8-17.5-101, C.R.S. Company shall not use either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Company obtains actual knowledge that a subcontractor performing Services under this Agreement knowingly employs or contracts with an illegal alien, the Company shall: (i) notify the subcontractor and Authority within three (3) days that Company has actual knowledge that the subcontractor is employing or contracting with an illegal alien; (ii) terminate the subcontract with the subcontractor if within three (3) days of receiving such notice, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employing or contracting with an illegal alien. Company shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If Company fails to comply with any requirement of § 8-17.5-102(2), C.R.S., the Authority may terminate this Agreement for breach, and Company shall be liable for actual damages to Authority. If the Company participates in the Department Program, Company shall provide the affirmation required under § 8-17.5-102(5)(e)(III), C.R.S. to the Authority.

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ARTICLE IX.MISCELLANEOUS

9.1 Licenses. The Company shall, at its own expense, qualify to do business and obtain and maintain such licenses as may be required for the performance by the Company of the services required pursuant to the terms of this Agreement.

9.2 Amendment. This Agreement is subject to amendment only by the written consent of the parties and such amendment shall be effective as of the date the amendment is executed by the parties or such other date as the parties shall designate.

9.3 Severability. This Agreement is intended to be performed in accordance with and only to the extent permitted by all applicable laws, ordinances, rules, and regulations of the jurisdiction in which the Agreement is performed. If any provision of this Agreement or application thereof to any person or circumstance shall for any reason and to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

9.4 Construction of Language. The language used in this Agreement and all parts thereof shall be construed as a whole according to its fair meaning, and not strictly for nor against any party, and all parties have equally participated in the preparation of this Agreement.

9.5 Non-Waiver. No waiver of any condition, remedy, or provision of this Agreement shall be deemed to have been made unless expressly made in writing and signed by the party against whom such a waiver is charged; and

A. the failure of either party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained, shall not be construed as a waiver thereof or as a relinquishment for the future of any such provisions, covenants, conditions or options;

B. the acceptance or performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition or provision hereof shall not be deemed a waiver of such breach or failure; and

C. no waiver by a party of a breach by the other party shall be construed as a waiver with respect to any other subsequent breach.

9.6 Governing Law. The terms and provisions of this Agreement shall be governed by, and shall be construed in accordance with, the laws of the State of Colorado.

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9.7 Time of Essence. Time is of the essence in the performance of this Agreement.

9.8 Assignment and Subcontracts. This Agreement is personal to the Company, and the Company shall have no right, power, or authority to assign this Agreement, or any portion hereof, or to delegate any duties or obligations arising hereunder, either voluntarily, involuntarily, or by operation of law, without the prior written approval of the Authority.

9.9 Captions and Headings. The headings throughout this Agreement are for convenience and reference only, and shall in no way be deemed to define, limit, or add to the meaning of any provision of this Agreement.

9.10 Singular or Plural; Gender. Whenever the context requires, the singular shall include the plural, the plural the singular, and one gender shall include all genders.

9.11 Integration. This Agreement embodies the entire agreement and understanding between the parties and supersedes all prior agreements and understandings, if any, between the parties relating to the subject matter hereof specifically including, but not limited to, that certain Administrative Services Agreement entered into between the parties on November 10, 2016 to be effective as of January 1, 2017.

9.12 Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand delivered or sent by certified Unite States mail, postage prepaid, with return receipt requested, addressed to the parties as follows:

AUTHORITY: Stephanie Piko, Chair8390 E. Crescent Parkway, Suite 500Greenwood Village, CO 80111

WITH A COPY TO: Timothy J. FlynnCollins Cockrel & Cole390 Union Boulevard, Suite 400Denver, CO 80228

COMPANY: Bob BlodgettCliftonLarsonAllen, LLP8390 E. Crescent Parkway, Suite 500Greenwood Village, CO 80111

Either party may change the address at which it receives written notice by so notifying the other party in writing in the manner provided herein.

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.

CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado

By: Stephanie Piko, Chair

ATTEST:

_________________________________John A. McCarty, Secretary

CLIFTONLARSONALLEN, LLP, a Colorado limited liability company

By: Bob Blodgett, Principal

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EXHIBIT A

Public Managers $ 135.00 – $240.00/hourAssistant Public Managers $ 120.00 – $170.00/hourDistrict Administrators $ 75.00 – $105.00/hour

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StrategicQuestions 1 October 18, 2018

Strategic and Tactical Overview for the CCBWQA (Draft)

Vision

Water quality in Cherry Creek reservoir and watershed that optimizes beneficial uses for the public.

Mission

Protect watershed by preserving, enhancing, and balancing water quality in Cherry Creek reservoir and

Cherry Creek watershed

Strategic Goals to Fulfill the CCBWQA Vision and Mission

Strategic goals are adopted by the board to fulfill the mission of the Authority. They may be modified

over time, but generally they are sufficiently broad and high‐level that frequent modification is not

needed.

1. Better understand watershed dynamics of land use; nutrient generation, transport, and fate;

alluvial flows, surface hydrology, and the effectiveness of pollutant abatement strategies.1

2. Better understand reservoir dynamics of sediment inputs, water quality interactions (especially

nutrients), phytoplankton, mixing, fisheries, and the effectiveness of in‐reservoir treatment

strategies. 2

3. Establish a linkage between measured reservoir physical, chemical, and biological parameters

with reservoir beneficial uses.

4. Develop and implement management strategies that preserve and enhance beneficial uses.

Continually monitor and update management strategies as further experience is developed.

Strategic Questions

The strategic questions articulate gaps in the Authorities knowledge that when addressed will inform

the development, implementation, and monitoring of the Authority’s management strategies. These

questions also guide tactical implementation of studies and investigations and inform preparation of

annual budgets. The Authority should prioritize these questions as not all can be addressed at once

given limited budgets.

1. Watershed

a. What are the monthly and annual loads of P and N (including subspecies) delivered to

the reservoir from the watershed? What are the monthly and annual flow inputs to the

reservoir from the watershed?

b. What drives the nutrient and flow loads to the watershed?

1 The CCBWQA watershed model is an important tool for achieving this strategic goal. 2 The CCBWQA reservoir model is an important tool for achieving this strategic goal.

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StrategicQuestions 2 October 18, 2018

c. What contributions have the mitigation efforts in the watershed of the CCBWQA and

others had on reducing those loads?

d. How might future development or climate changes affect nutrient and flow inputs to

the reservoir?

e. How can P inputs from WWTPs be reduced?

f. How much P is currently being contributed to the watershed by OWTSs and how can P

inputs from OWTSs be reduced?

g. Does changing water storage in the watershed, e.g. the Reuter‐Hess reservoir, affect

stream stability or reservoir water quality in a measurably significant way?

h. What are the options, costs, and benefits (riparian and reservoir) of the acquisition

and/or protection of undeveloped riparian land parcels?

i. What are the options, costs, and benefits of outreach and/or partnerships with towns,

cities, and counties to protect undeveloped riparian land parcels?

2. Reservoir

a. What drives reservoir water quality as measured by Chl a?

b. Given potential strategies for reducing nutrient loads (or other water quality

parameters) in the watershed, what are the effects on Chl a and beneficial uses?

c. Are there benefits for reservoir beneficial uses or Chl a concentrations to efforts

controlling N inputs to the reservoir?

d. Does changing the balance of N and P in the reservoir change risks of cyanotoxins to

beneficial uses?

e. What are the options, costs, and benefits to in‐lake treatment strategies such as

dredging or phosphorus binding techniques?

f. What are the options, costs, and benefits to in‐lake mixing and/or aeration?

g. What measured parameter levels correspond to beneficial uses?

3. General

a. Which strategies does the Authority have the ability to implement on its own and which

requires partnerships with state, regional, and local authorities?

b. What are the equity/cost issues associated with alternative management strategies?

c. Is an expanded emphasis on public outreach an effective strategy?

Tactical Approach/Tasks (data needs, studies, modeling analyses)

Here we take the various proposed tasks/studies and link them to the strategic question we wish to

have answered. These tasks/studies could lead to additional data collection, watershed model runs,

reservoir model runs, and other special tasks/studies. These represent the tactical plan to achieve the

strategic goals. If a task/study does not address a strategic question then it is not a priority for the

Authority at the current time. The tasks/studies are prioritized within the context of the prioritization of

the strategic questions.

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Cherry Creek Basin Water Quality Authority Re: Board and TAC member Coordination From: Bill Ruzzo, Governor Appointee November 2, 2018 Issue: Each of the municipal board members and the special district board member has a representative on the Technical Advisory Committee. These representatives coordinate with their respective Board members regarding TAC activities and provide an avenue to exchange ideas between the board and the TAC. However, the 7-Governor’s appointees do not have a representative on the TAC and primarily learn about TAC activities by reading TAC minutes/agendas and through presentations by the TAC chair at board meetings. TAC requests to the Board, which typically go through lengthy TAC discussions, are often the first time appointed board members have a chance to review and comment on the request. Because the Governor’s appointees can be more technically oriented and their primary forum for exchanging ideas is at the Board meetings, TAC items can result in lengthy discussions at board meetings that should occur elsewhere. Proposal: Conduct regular communication sessions between governor’s appointees and TAC to discuss TAC technical requests and allow review and comment by the governor’s appointees before being presented to the full board. Goals:

1. To allow input from board members to thoroughly discuss technical issues with TAC members before TAC presentation to the full board.

2. To minimize detailed technical discussions at the regular board meetings.

3. Improve the thoroughness and technical sufficiency of TAC recommendations to the board.

Discussion: 1. The meetings can be formal board committee meetings or informal work-study sessions, but

no final decisions will be made.

2. The meetings would need to be posted since 3 or more board members would likely be in attendance.

3. Initially, the meetings would be held monthly but could be reduced in frequency as technical issues are resolved and the efficiency of the process is improved.

4. The TAC would provide an agenda outlining the issues to be discussed beforehand.

5. TAC participation would include Chair and/or Vice Chair and other technical experts.

6. Meetings could be conducted by conference call, face-to-face, or combination of both.

Request: Include an agenda item discussing the pros and cons at the next Board meeting.

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Page 1

CHERRY CREEK BASIN WATER QUALITY AUTHORITY 2018 Capital Project and Maintenance Status Report

November 6, 2018

1. Cherry Creek Stream Reclamation – CCSP to EcoPark (aka: Arapahoe Rd, CCB 5.14) a. Description: Design and construction of stream reclamation in partnership with SEMSWA, UDFCD,

Aurora, and Arapahoe County. Overall project extends from Cherry State Park boundary to Eco-Park (Reaches 2 - 5).

b. Status: Reach 2 construction is completed.

2. Piney Creek Stream Reclamation - at Caley Avenue (CCB 6.5) a. Description: Design and construction of the stream reclamation in partnership with UDFCD and

SEMSWA. b. Status: Reach 6 - Phase 2 stream reclamation at the Ranches. Construction is completed.

MAINTENANCE

1. Reservoir Destratification Operations (OM-7) a. Description: Routine operations and maintenance of aeration distribution system and compressor. b. Status: The system is scheduled to start-up on May 1st and operate through the July 4th week-end. The

routine compressor maintenance has been performed by Power Service and the air conditioning unit has been replaced. The destratification system was started on May 1, 2018 and ceased on July 4, 2018. An in-lake leak was repaired on May 31, 2018. In-lake aerator maintenance is completed.

2. PRF Weed Control (OM 14.1)

a. Description: Weed control at PRFs within Cherry Creek State Park is performed annually (spring and fall applications) in accordance with the Authority’s maintenance agreement with Parks.

b. Status: The 2018 spring weed control program was completed in late June.

3. PRF Reseeding at CCSP (OM 14.2) a. Description: Routine restoration of PRF vegetation at Cherry Creek State Park. b. Status: The 2018 revegetation program is will begin with vegetation re-establishment at the 12-Mile Park,

Phase 2, in the area between the access trail and the permanent fence at the top of the right bank of Cherry Creek. A Work Order was issued to 53-Corp to complete this work. It completed the first week in May. The seed drill, purchased earlier this year by the Authority has been delivered to CCSP.

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Cherry Creek Basin Water Quality AuthorityLand Use Referral SummaryPrepared:

Referral Agency

Proposed Development

Type of Land Use

Review Date

Review Deadline

Approx. Dev. Size (acres)

Comments

City of Lone Tree

Ridgegate Parkway

Expansion Phase 1 - Resubmittal

roadway 10/8/18 10/15/18 32.5

The Authority takes no exception to the Ridgegate Parkway Phase 1 extension project as submitted.

City of Aurora

Saddle Rock Townhomes F1 residential 10/8/18 10/15/18 1.93

No exceptions taken as submitted.

Douglas County

9009 Clydesdale Road Rev commercial 10/8/18 10/26/18 12.31

The Authority takes no exception to the Site Improvement Plan as submitted.

Douglas County

Arrowpoint Subdivision residential 10/8/18 10/26/18 80.61

No exceptions taken to this preliminary plan submittal provided construction BMPs and post-construction BMPs are incorporated in accordance with Control Regulation 72.

Arapahoe County

Small Cell in ROW utility 10/11/18 10/26/18 <0.1


Douglas County

Douglas County Zoning

Regulation Update

zoning 10/8/18 10/26/18 n/a

No comments.

Town of Parker

Reata West F1 AMD4 L8 commercial 10/19/18 10/17/18 1.33


Arapahoe County

Hotel Inverness Renovation commercial 10/22/18 10/22/18 0.17


Town of Parker

Pine Bluffs F4 AMD2 L1 commercial 10/19/18 10/26/18 1.87


City of Aurora

Cornerstar Subdivision F2

AMD1commercial 10/20/18 10/29/18 1.10


Douglas County

Castle Pines Village #41 residential 10/20/18 11/1/18 35.0

The Authority takes no exception to this preliminary plan submittal; however, reserves the right to review and comment on any future project submittals.

Douglas County

Legacy Pines East residential 10/20/18 11/2/18 243.76

The Authority takes no exception to this preliminary plan submittal; however, reserves the right to review and comment on any future project submittals.

November 6, 2018

October 2018 Summary

September has yielded 1 referrals, which is five less than the number reviewed in September. Six were commercial land use submittals, four were residential and three were other (1-zoning, 1-utility & 1-roadway). To date in November 2018, the Authority has received nine referrals that are currently being processed.

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Town of Parker

Cherrywood Commercial

AMD3 L5commercial 10/20/18 11/6/18 1.54

No exceptions taken as submitted.134


TECHNICAL ADVISORY COMMITTEE

MEETING AGENDA

CliftonLarsonAllen LLP – 8390 E. Crescent Parkway, Suite 275 Greenwood Village, CO 80111

Date: November 1, 2018 Time: 9:00 AM Place: CliftonLarsonAllen LLP 8390 E. Crescent Parkway, Suite 275 Greenwood Village, CO 80111

9:00 am Call to Order

9:00 am Approval of Agenda

9:00 am Members’ Updates (TAC, 10 minutes)

9:10 am TAC Administration Items 1. Approval of the October 4, 2018 Minutes (Chuck, 2 minutes, emailed separately

or handout)

2. Board/TAC Coordination (Chuck, 5 minutes)

3. Strategic Planning & Priorities a. Small Group Check-in/updates (Group Representative(s) and Chuck, 5

minutes) b. TAC Structure (Rick, 30 minutes)

9:50 am Action Items 1. Nominations and vote on selection of 2019 TAC Chair and Vice Chair 2. TAC recommendation to Board re: CIP Manager RFP for 2019 (Chuck, 10

minutes, attachment)

10:00 am Discussion/Presentation Items

1. Parker Water & Sanitation District Indirect Potable Reuse Project Presentation of Additional Information (PWSD, 20 minutes, attachment)

2. 2019 Draft Budget & Contracts Update (Chuck, 15 minutes)

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10:35 am Capital Project & Maintenance Reports

1. 2018 Capital and Maintenance Status Report, September 24, 2018 (Jim, 5 minutes, attachment)

10:40 am Cherry Creek Stewardship Partners Report (Casey, 10 minutes)

1. Cherry Creek Watershed Annual Conference Registration now at http://www.cherry-creek.org/events/

220 years of Advances, Collaboration and Stewardship Courtesy of YOU!

Thu Nov 8, 2018 7:30 am - 3:15 pm CU Denver South/Wildlife Experience, 10035 S Peoria St, Parker, CO

10:50 am Subcommittee & Committee Reports 1. Control Regulation 72 Guidance Document Subcommittee Update (Jim, 10

minutes)

2. Watershed Model Committee Meeting: Revised report anticipated ~ October 31st; Committee meeting to be scheduled either the week of November 5th or November 12th.

Upcoming Meetings 1. Next scheduled Board Meeting:

Thursday, November 15, 2018: 9:00 a.m.

CliftonLarsonAllen LLP - 8390 E. Crescent Parkway, 2nd Floor Greenwood Village, CO 80111

2. Next scheduled TAC meeting:

Thursday, December 6, 2018: 9:00 a.m.

CliftonLarsonAllen LLP - 8390 E. Crescent Parkway, 2nd Floor Greenwood Village, CO 80111

11:00 am TAC Meeting Adjournment

Attachments: CIP Manager RFP for 2019

Parker Water & Sanitation District Indirect Potable Reuse Project

2018 Capital and Maintenance Status Report, September 24, 2018

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