Attachment A - Revival and Amendatory Agreement

REVIVAL AND AMENDATORY AGREEMENT This REVIVAL THIRD AMENDATORY AGREEMENT is made between the CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado (the “City”), and CITY OF BOULDER., located at 1777 Broadway, Boulder, CO 80302. RECITALS: A. The Parties entered into an Intergovernmental Agreement dated February 18, 2020 (the “Agreement”). B.

The Agreement expired by its terms on December 31, 2025; and

C. The Parties wish to revive and reinstate all of the terms and conditions of the Agreement and to amend the Agreement to extend the Term and as further set forth herein. AGREEMENT: NOW THEREFORE, in consideration of the premises and the Parties’ mutual covenants and obligations, the Parties agree as follows: 1.

The Agreement is hereby revived and affirmed in its entirety.

2.

Section 8 of the Agreement, entitled “TERM AND TERMINATION:”, is hereby

deleted in its entirety and replaced with: “8.

3.

TERM AND TERMINATION: The term of the Agreement is from date of full execution and terminates on June 30, 2027. Denver may terminate this Agreement, or any part thereof, for the reasons and in the manner provided in any UASI Grant funding this Agreement.”

Section 13 of the Agreement, entitled “EXAMINATION OF RECORDS:”, is

hereby deleted in its entirety and replaced with: “13.

EXAMINATION OF RECORDS: The Agency shall retain for at least three (3) years from the date of submission of the final expenditure report or until equipment has depreciated in value below $5000.00, whichever is longer, all records related to this Agreement, including documentation and records for equipment, other tangible goods, funding, or services provided for under this Agreement and expenses incurred arising out of this Agreement. Any authorized agent of the federal government, state government, or the City, including the City Auditor or his or her representative, has the right to access, and the right to examine, copy and retain copies, at City’s election in paper or electronic form, any pertinent books, documents, papers and records related to Agency’s performance pursuant to this agreement, provision of any goods or services to the City, and any other transactions related to this Agreement. The Agency shall cooperate with City representatives and City representatives shall be

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granted access to the forgoing documents and information during reasonable business hours and until the until the expiration of three (3) years after the end of the State of Colorado fiscal year that includes the end of the UASI grant agreement(s). In the event any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three-year period, the Agency shall retain the records until completion of the action and resolution of all issues that arise from it, or until the end of the three-year period, whichever is later. When conducting an audit of this Agreement, the City Auditor shall be subject to government auditing standards issued by the United States Government Accountability Office by the Comptroller General of the United States, including with respect to disclosure of information acquired during the course of an audit. No examination of records and audits pursuant to this paragraph shall require the Agency to make disclosures in violation of state or federal privacy laws. The Agency shall at all time comply with D.R.M.C. 20-276.” 4.

As herein amended, the Agreement is revived, affirmed, and ratified in each and

every particular. 5.

This Revival and Amendatory Agreement will not be effective or binding on the

City until it has been fully executed by all required signatories of the City and County of Denver, and if required by Charter, approved by the City Council. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW.]

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