Urban Renewal Authority of Dacono

Urban Renewal Authority of Dacono Meeting AGENDA Wednesday, February 1, 2023 6:00 PM Meeting location: New Annex Building, 512 Cherry Ave - Building C, Dacono, CO 80514 I. Roll Call II. *Approval of the December 7, 2022 Urban Renewal Authority of Dacono Meeting Minutes. III. General Business A. *Consideration and Approval of Resolution URAD 23-01, Accepting the Appointment of Commissioners to the Urban Renewal Authority of Dacono. Presenter: Jennifer Krieger, Executive Director B. *Consideration and Approval of Resolution URAD 23-02, Approving an Engagement Letter by and between the Urban Renewal Authority of Dacono and Wipfli, LLP., for Audit Services. Presenter: Thuy Dam, Outsourcing CFO, Clifton Larson Allen, LLP C. *Consideration and Approval of Resolution URAD 23-03, Amending the Annual Budget and Appropriating Expenditures for the Urban Renewal Authority of Dacono for Fiscal Year 2022. Presenter: Thuy Dam, Outsourcing CFO, Clifton Larson Allen, LLP D. *Discussion of Sanitary Sewer Lift Station. Presenter: Jennifer Krieger, Executive Director E. Urban Renewal 101 Presenter: Carolynne White, Counsel to the URAD IV. Authority Member Reports V. Adjournment *Materials in Packets. Accommodations for the disabled can be made upon request.  Urban Renewal Authority of Dacono Meeting Minutes Wednesday, December 7, 2022 Meeting called to order at 6:01 PM Members Present Danny Long Adam Morehead Kevin Plain Jackie Thomas, Chairperson Jim Turnini Kathryn Wittman Members Absent Perry Buck, excused Chico Garcia, excused Bill Haid, excused Doris Crespo, excused Staff Present AJ Euckert, City Manager Jennifer Krieger, Secretary/Executive Director Thuy Dam, Clifton Larson Allen LLP Valerie Taylor, Clerk to the Authority I. Approval of the November 2, 2022 Urban Renewal Authority of Dacono Meeting Minutes. Authority Member Wittman moved to approve the November 2, 2022 Urban Renewal Authority of Dacono Meeting Minutes as presented. The vote was unanimous with Chairperson Thomas declaring the motion carried. II. General Business A. Public Hearing and Approval of Resolution URAD 22-07, approving the 2023 Budget. Chairperson Thomas opened the public hearing. Thuy Dam, Clifton Larson Allen, LLP and Executive Director Jennifer Krieger, presented their reports. With no further comments, Chairperson Thomas closed the public hearing. Authority Member Long moved to approve Resolution URAD 22-07, approving the 2023 Budget subject to final tax assessed valuation and incremental property tax calculations. The vote was unanimous with Chairperson Thomas declaring the motion carried. B. *Consideration and Approval of Resolution URAD 22-08, approving a Reimbursement Agreement between the City of Dacono and the Urban Renewal Authority of Dacono for Roadway Project. Executive Director Jennifer Krieger presented her report. Authority Member Plain moved to approve Resolution URAD 22-08, approving a Reimbursement Agreement between the City of Dacono and the Urban Renewal Authority of Dacono for Roadway Project. The vote was unanimous with Chairperson Thomas declaring the motion carried. III. Authority Member Reports Jennifer Krieger stated that Charlie Everitt resigned. Page 1 of 2  Chairperson Thomas stated that the Authority would be getting a map and history of the URAD at a future meeting. IV. Adjournment With no further business to be discussed, the meeting was adjourned at 6:32 PM Approved this 1st day of February, 2023. _______________________________ Jackie Thomas, Chairperson Attest: ______________________________________ Jennifer Krieger, Secretary/Executive Director Page 2 of 2 Meeting Date: February 1, 2023 Agenda Item: URAD RESOLUTION 23-01, A RESOLUTION ACCEPTING AND MAKING APPOINTMENTS OF COMMISSIONERS TO THE URBAN RENEWAL AUTHORITY OF DACONO Presenter: Jennifer Krieger, AICP, Executive Director Background: The composition of the boards of urban renewal authorities is detailed in the Colorado Urban Renewal Law, C.R.S. § 31-25-101, et. seq. The Colorado Urban Renewal Law indicates that one commissioner is appointed by the board of county commissioners for the county in which the urban renewal area is located. The Weld County Board of Commissioners has appointed Lori Saine. To avoid an even number of commissioners, the mayor appoints an additional citizen member. Mayor Adam Morehead appointed Rick Gerk by City Council Resolution 23-03 on January 9, 2023. Rick Gerk will serve as the Mayoral appointee to the Authority with a term expiring in June 2025. URAD Resolution 23-01 accepts and appoints commissioners to the Urban Renewal Authority of Dacono.  URBAN RENEWAL AUTHORITY OF DACONO RESOLUTION NO. 23-01 A RESOLUTION ACCEPTING AND MAKING APPOINTMENTS OF COMMISSIONERS TO THE URBAN RENEWAL AUTHORITY OF DACONO WHEREAS, the Urban Renewal Authority of Dacono (the “Authority”) is a duly constituted urban authority, established and operating pursuant to the laws of the State of Colorado, and in particular the provisions of C.R.S. § 31-25-104; and WHEREAS, H.B. 15-1348 effected changes to Urban Renewal Law, C.R.S. § 31-25-101, et. seq., including the provisions establishing membership of the boards of urban renewal authorities; and WHEREAS, C.R.S. § 31-25-104(2.5) provides, in part: “[I]n order to represent the collective interests of the county and all taxing bodies levying a mill levy within the boundaries of the urban renewal authority area other than the municipality, one additional commissioner on the authority must be appointed by the board of county commissioners of the county in which the territorial boundaries of the urban renewal authority area are located, one additional commissioner must also be a board member of a special district selected by agreement of the special districts levying a mill levy within the boundaries of the urban renewal authority area, and one additional commissioner must also be an elected member of a board of education of a school district levying a mill levy within the boundaries of the urban renewal authority area. If the number of members of the governing body causes the authority to have an even number of commissioners, the mayor shall appoint an additional commissioner to restore an odd number of commissioners to the authority. As applicable, the appointment of the county, special district, and school district representatives on the authority pursuant to this subsection (2.5) must be made in accordance with the procedures specified in subsection (2) of this section;” and WHEREAS, the Authority received written notification from Weld County of the appointment of Commissioner Lori Saine to serve as a Commissioner on the Authority as a replacement for Commissioner Perry Buck; and WHEREAS, following the appointment of Commissioner Lori Saine the Authority will have an even number of Commissioners, which creates the opportunity for the Mayor of the City of Dacono to appoint an additional Commissioner in order to create an odd number; and WHEREAS, to restore an odd number of commissioners to the Authority, the Mayor of the City of Dacono appoints Rick Gerk to serve as a Commissioner on the Authority as the Mayoral appointee. NOW, THEREFORE, BE IT RESOLVED BY THE URBAN RENEWAL AUTHORITY OF DACONO: Section 1. The foregoing Recitals are incorporated herein by this reference. 25117229.4  Section 2. Pursuant to C.R.S. § 31-25-104(2.5), the Authority accepts and recognizes the appointment of Weld County Commissioner Lori Saine to the Authority. Section 3. Pursuant to C.R.S. § 31-25-104(2.5), the Authority accepts and recognizes the appointment of Rick Gerk to serve as the Mayoral appointee to this Authority for a term expiring in June 2025. Section 4. A copy of this Resolution on file with the City Clerk shall serve as a certificate of such appointment pursuant to C.R.S. § 31-25-104(2)(b). Section 5. This Resolution shall be effective upon approval by the Authority. INTRODUCED, READ and ADOPTED this 1st day of February 2023. URBAN RENEWAL AUTHORITY OF DACONO ____________________________________ Jackie Thomas, Chairperson ATTEST: ___________________________________ Jennifer Krieger, Secretary/Executive Director 25117229.4 Meeting Date: February 1, 2023 Agenda Item: URAD Resolution 23-02, a Resolution approving an Engagement Letter by and between the Urban Renewal Authority of Dacono and Wipfli, LLP, for audit services. Presenter: Jennifer Krieger, AICP, URAD Executive Director Background: The Urban Renewal Authority of Dacono must have an annual audit. For the year ended December 31, 2021, the Authority engaged Wipfli, LLP. The attached audit engagement letter shows that the proposed 2022 audit fee is $6,000 compared to $5,850 for last year. Recommendation: Staff recommends approval of URAD Resolution 23-02. CliftonLarsonAllen, LLP, suggests staying with the same auditor for at least a few years. The pool of state and local government auditors is small, and most audit firms will probably come in much higher than the $6,000 fee. Additionally, many audit firms are not accepting new engagements due to staffing challenges.  URBAN RENEWAL AUTHORITY OF DACONO RESOLUTION NO. 23-02 A RESOLUTION APPROVING AN ENGAGEMENT LETTER BY AND BETWEEN THE URBAN RENEWAL AUTHORITY OF DACONO AND WIPFLI, LLP., FOR AUDIT SERVICES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO: Section 1. The proposed Professional Services Agreement for audit services (“Agreement”) by and between the Urban Renewal Authority of Dacono and Wipfli, LLP, is hereby approved in essentially the same form as the copy of such Engagement Letter accompanying this resolution. Section 2. The Chairperson is hereby authorized to execute the Engagement Letter and is further authorized to negotiate and approve on behalf of the Authority such revisions to the Engagement Letter as the Chairperson determines are necessary or desirable for the protection of the Authority, so long as the essential terms and conditions of the Engagement Letter are not altered. INTRODUCED, READ, and ADOPTED this 1st day of February 2023. URBAN RENEWAL AUTHORITY OF DACONO ____________________________________ Jackie Thomas, Chairperson ATTEST: ___________________________________ Jennifer Krieger, Executive Director  14143 Denver W Parkway #450 303 988 1900 Lakewood, CO 80401 wipfli.com November 7, 2022 Urban Renewal Authority of Dacono c/o CliftonLarsonAllen LP 8390 E. Crescent Pkwy, Suite 300 Greenwood Village, CO 80111 We are pleased to serve as the independent auditors for Urban Renewal Authority of Dacono (“Client”) for the year ended December 31, 2022. This letter, together with the attached Professional Services Terms and Conditions – Attest Engagements, confirms the terms of our engagement, and are collectively referred to herein as the “Letter” or the “Engagement Letter”. Fees Our fees for this engagement will be billed as work progresses, and progress billings may be submitted. Based upon our discussions with representatives of Client, the fee for this engagement will be $6,000. Expenses for items such as travel, telephone, postage, clerical time, printing, and reproduction of financial statements are included in the fee. Our fee has been determined based on our understanding obtained through discussions with you regarding your preparation for the engagement and your current business operations. To the extent we encounter circumstances outside of our expectations that warrant additional procedures and time, we will communicate that fact and advise you of options and the additional fees necessary to complete the engagement. We expect payment of our billings within 30 days after submission. Our fees for the services described below are based upon the value of the services performed and the time required by the individuals assigned to the engagement. Our fee estimate and completion of our work are based upon the following criteria: 1. Anticipated cooperation from Client personnel 2. Timely responses to our inquiries 3. Timely completion and delivery of client assistance requests 4. Timely communication of all significant accounting and financial reporting matters 5. The assumption that unexpected circumstances will not be encountered during the engagement. If any of the aforementioned criteria are not met, then the fees may increase. Interim billings will be submitted as work progresses and as expenses are incurred. Audit Scope and Objectives We will audit Client’s financial statements, as of and for the year ended December 31, 2022, and the disclosures (collectively, the “financial statements”), and if applicable, supplementary information. Urban Renewal Authority of Dacono Page 2 November 7, 2022 The objectives of our audit are to obtain reasonable assurance about whether Client’s financial statements taken as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor’s report that includes our opinion about whether Client’s financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America (“GAAP”). Reasonable assurance is a high level of assurance, but is not absolute assurance and, therefore, is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America (“GAAS”) will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they could influence the judgment of a reasonable user made based on the financial statements. The supplementary information accompanying the financial statements will be subjected 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 GAAS, and we will provide an opinion on it in relation to the financial statements as a whole. The other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor’s report will not provide an opinion or any assurance on that other information. Auditor’s Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GAAS and will include tests of your accounting records and other procedures we consider necessary to enable us to express such an opinion. As part of an audit in accordance with GAAS, we exercise professional judgment and maintain professional skepticism throughout the audit. An audit includes an evaluation of the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as an evaluation of the overall presentation of the financial statements, including the disclosures, to assess whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. To express an opinion, we are required to 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 Client or to acts by management or employees acting on behalf of Client. 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 some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS. 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 come to our attention. We will also inform the appropriate level of management of any violations of laws or government 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. Urban Renewal Authority of Dacono Page 3 November 7, 2022 In the conduct of our audit, we will obtain an understanding of Client and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. Accordingly, we will express no such opinion. 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 professional standards. In performing our audit, we will consider and conclude whether, based on the audit evidence obtained, there are conditions or events, considered in the aggregate, which raise substantial doubt about Client’s ability to continue as a going concern for a reasonable period of time. 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 cash, receivables, loan balances, and certain assets and liabilities by correspondence with selected customers, funding sources, creditors, and financial institutions. We may also request written representations from your attorneys as part of the engagement, and they may submit an invoice for responding to this inquiry. Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that management acknowledges and understands its responsibility for designing, implementing, and maintaining 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 GAAP. Management is also responsible for making available to us drafts of financial statements, all financial records, and related information, and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). Management is also responsible for providing us with (1) access to all information of which it is aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within Client from whom we determine it necessary to obtain audit evidence. Management is responsible for adjusting the financial statements to correct material misstatements and for 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. Urban Renewal Authority of Dacono Page 4 November 7, 2022 Management is 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 Client 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. Management is also responsible for informing us of its knowledge of any allegations of fraud or suspected fraud affecting Client received in communications from employees, former employees, regulators, or others. In addition, management is responsible for identifying and ensuring that Client complies with applicable laws and regulations. Management is responsible for the preparation of the supplementary information in conformity with GAAP. Management agrees to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. Management also agrees to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. We cannot perform management functions or make management decisions on behalf of Client. However, we may provide advice and recommendations to assist management in performing its functions and fulfilling its responsibilities. We may advise management about appropriate accounting principles and their application, but the responsibility for the financial statements remains with management. At the conclusion of our audit, we will require certain written representations from management about the financial statements and related matters. Because of the importance of management’s representations to an effective audit, Client agrees to release and indemnify Wipfli LLP (“Wipfli”), its partners, employees, agents, and assigns from any claim, liability, cost, or expense relating to our services under this Engagement Letter attributable in any respect to any knowing misrepresentation by management. The preceding sentence shall not apply and shall be of no effect in the event its application, in the judgment of any government body or regulatory agency, would impair our independence as your auditor. Reporting We will issue a written report upon completion of our audit of Client’s financial statements. Our report will be addressed to the board of directors. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinion, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinion is 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 an opinion, we may decline to express an opinion or withdraw from this engagement. If Client intends to reproduce or publish these financial statements or any portion thereof, whether in paper or electronic form, subsequent to anticipated year-end filings, and make reference to our firm name in connection therewith, management agrees to provide us with proofs in sufficient time for our review and written approval before printing. If in our professional judgment the circumstances require, we may withhold our approval. Client agrees to compensate Wipfli for the time associated with such review. Urban Renewal Authority of Dacono Page 5 November 7, 2022 Client acknowledges and agrees that any advice, recommendations, information, or work product provided to Client by Wipfli in connection with this engagement is for the sole use of Client and may not be relied upon by any third party. Wipfli has no liability or responsibility to any third parties as a result of this engagement. Management Assistance Assistance to be supplied by Client personnel, including the preparation of schedules and analysis of accounts, has been discussed with appropriate personnel. Timely completion of this work will facilitate the completion of our engagement. Engagement Partner Greg Livin will be your audit engagement partner. Other Services We may prepare (or assist in preparing) Client financial statements in conformity with GAAP based on information provided by management, but the responsibility for the financial statements remains with management. Management agrees to assume all management responsibilities for these services; 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. Workers without Authorization We certify that Wipfli LLP shall comply with the provisions of C.R.S. 8-17.5-101, et seq. A. Employment or Contracting with Workers without Authorization. We certify that Wipfli LLP does not knowingly employ or contract with a worker without authorization to perform work under this engagement letter or will enter into a contract with a subcontractor that fails to certify to Wipfli LLP that such subcontractor does not knowingly employ or contract with a worker without authorization to perform work under this engagement letter. B. Verification Regarding Workers without Authorization. We certify that Wipfli LLP has verified the employment eligibility of all employees who are newly hired for employment, to perform the work under this engagement letter, through participation in either the Electronic Employment Verification Program, or Employment Verification Program which is established pursuant to Section 8-17.5-102 (5)(c), C.R.S., (collectively referred to as “Verification Programs”). C. Limitation Regarding Verification Programs. We agree that Wipfli LLP will use the Verification Programs to undertake pre-employment screening of job applicants while performing professional services on behalf of the Authority. D. Duty to Terminate Subcontractor: If Wipfli LLP obtains actual knowledge that a subcontractor performing work pursuant to this engagement letter knowingly employs or contracts with a worker without authorization, Wipfli LLP shall: Urban Renewal Authority of Dacono Page 6 November 7, 2022 (i) notify the subcontractor and the Authority within three (3) days that Wipfli LLP has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; and (ii) terminate the subcontract with the subcontractor if, within three (3) days of receiving notice required pursuant to C.R.S. 8-17.5-102(2)(b)(III)(A) that Wipfli LLP has actual knowledge that the subcontractor is employing or contracting with a worker without authorization, the subcontractor does not stop employing or contracting with the worker without authorization. Wipfli LLP shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization. E. Duty to Comply with Investigation. Wipfli LLP shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment is undertaking pursuant to the authority established by C.R.S. 8-17.5-102(5). F. Notification. The Authority shall notify the office of the Colorado Secretary of State if Wipfli LLP violates a provision of C.R.S. 8-17.5-102(2), and the Authority terminates the engagement for such breach. The Authority will notify the Colorado Secretary of State if a court made such a determination. G. Participation in Employment Verification Program. Wipfli LLP shall notify the Authority of its participation in the Employment Verification Program and shall comply with the requirements of C.R.S § 8-17.5-102(5)(c). Conclusion and Approval to Proceed If the terms of this Engagement Letter are acceptable to you and the services outlined are in accordance with your requirements, please return a signed copy of this Letter to us. We look forward to our continued association with you and management and appreciate the opportunity to serve you. Please do not hesitate to call us if you have any questions about the work we are to perform or any other aspect of the services we can provide. Wipfli LLP ACCEPTED: URBAN RENEWAL AUTHORITY OF DACONO By: (Print Name and Title) Date: GL/tlp Enc.  Wipfli LLP Professional Services Terms and Conditions – Attest Engagements 1. Entire Agreement 4. Fee Estimates and Change Orders These Terms and Conditions, together with the engagement letter Wipfli’s Engagement Letter may set forth certain ranges for Wipfli’s (“Engagement Letter”) to which these Terms and Conditions are fees charged on any project or services. Wipfli provides fee attached, and the Engagement Letter’s other appendixes and estimates as an accommodation to Client. These estimates depend applicable Change Orders, if any, constitute the entire agreement on certain assumptions, including: (a) anticipated cooperation from between the parties on the subject matter thereof and supersede Client personnel, (b) timely responses to our inquiries, (c) timely and merge all prior proposals (including prior proposals of Wipfli completion and delivery of Client assistance requests, (d) timely regarding the engagement), understandings, and agreements (oral communication of all significant accounting and financial reporting or written) between the parties relating to the subject matter, matters, (e) the assumption that unexpected circumstances will including, without limitation, the terms of any request for proposal not be encountered during the engagement, and (f) where issued to Client or the standard printed terms on any purchase applicable, the assumption that Client’s hardware order issued by Client and any non-disclosure or confidentiality platform/computer system will, at the commencement of the agreement between Wipfli and Client dated prior to the date of the services, be fully operable as intended and designed, functioning as Engagement Letter. No modification, amendment, supplement to, necessary and available to Wipfli without material restriction for or waiver of these Terms and Conditions or Engagement Letter the duration of the services. Unless otherwise indicated in the shall be binding upon the parties unless made in writing and duly Engagement Letter, fee estimates shall not be construed as or signed by both parties. To the greatest extent reasonably possible, deemed to be a minimum or maximum fee quotation. Although the provisions of the Engagement Letter, its Appendixes (including Wipfli reasonably believes suggested fee ranges are accurate, these Terms and Conditions), Implementation Plan, Change Wipfli’s actual fees may vary from its fee estimates. Orders, and any other exhibit, attachment, schedule, or other document referenced in or by the Engagement Letter shall be read Services that fall outside the agreed-upon scope of Wipfli’s together and harmonized to give effect to the parties’ intent. In engagement shall be covered by a Change Order, or, if the nature the event of a direct conflict among the express provisions of the and amount of such services are not material to the overall foregoing, the Engagement Letter shall be given controlling effect. engagement, shall be delineated and included on Wipfli’s invoice No provision of these terms and conditions will apply to any attest for such services. A “Change Order” means a mutually agreed- services that may be performed by Wipfli for Client if such upon change in the schedule or the time for Wipfli’s performance provision would impair Wipfli’s independence from Client of the services on a project, the scope of specifications of a project, requiring pursuant to applicable professional standards, such and/or the fees chargeable by Wipfli to Client, which is reduced to services being governed exclusively by the Engagement Letters writing using an agreed-upon form that is executed by an issued with respect thereto. Wipfli may be referred to herein as authorized representative of each for Wipfli and Client. “we” or “us” or in a similar manner, and Client may be referred to as “you” or in a similar manner, and such references shall be read Unless otherwise agreed in the Engagement Letter, miscellaneous in context. expenses incurred by Wipfli in the course of performing the service will be charged in addition to Wipfli’s professional fees. 2. Commencement and Term Miscellaneous expenses may include, but are not limited to: travel, The Engagement Letter shall become effective when signed by lodging, transportation, and meals for projects requiring travel; duly authorized representatives of both parties and shall remain in clerical processing; telecommunications charges; technology fees; full force and effect until the services to be delivered under the delivery expenses; and all sales, use, ad valorem, excise, or other Engagement Letter are complete (as reasonably determined by taxes or other governmental charges. Wipfli) unless earlier terminated by either party as provided in the Engagement Letter or these Terms and Conditions. Each person 5. Payment of Fees executing an Engagement Letter on behalf of a party represents Unless otherwise agreed, all invoices are due and payable within and warrants to the other that he or she has all power and thirty (30) days of the invoice date. All business or commercial authority to bind the party on whose behalf he or she is executing accounts will be charged interest at the lesser of one percent (1%) same. per month or the maximum rate permitted by law, except where prohibited by law, on Client’s balance due to Wipfli that is 3. Termination of Agreement outstanding over thirty (30) days. At our discretion, services may The Engagement Letter may be terminated as follows: (i) by either be suspended if Client’s account becomes overdue and will not be party immediately upon written notice to the other if either party resumed until Client’s account is paid in full. Client acknowledges hereto becomes the subject of voluntary or involuntary bankruptcy and agrees that we are not required to continue services in the or other insolvency proceeding, (ii) by Wipfli or Client if either event of a failure to pay on a timely basis for services rendered as party defaults in the performance of any of its covenants and required. Client further acknowledges and agrees that in the event agreements set forth in the Engagement Letter or Change Order Wipfli stops services or withdraws from this engagement as a (except when such default is due to a cause beyond the control of result of Client’s failure to pay on a timely basis for services the party) and such default is not cured within thirty (30) days after rendered as required by this Engagement Letter, Wipfli shall not be notice from either party specifying the nature of such default, and liable to Client for any damages that occur whether direct or (iii) by Wipfli or Client with or without cause upon providing thirty indirect, foreseen or unforeseen, and whether or not the parties (30) days written notice. Termination of the Engagement Letter have been advised of the possibility of such damages. shall have no effect on either party’s obligation to pay any amount due and owing with respect to such periods prior to the effective In the event Wipfli is required to respond to a subpoena, court date of such termination. order, government regulatory inquiries, or other legal process related to Client or its management (other than a matter in which Wipfli has the right to withdraw from this engagement with Wipfli is named as a party) for the production of documents immediate effect if Client does not provide us with the information and/or testimony relative to information we obtained and/or we request in a timely manner, refuses to cooperate with our prepared during the course of this or any prior engagements, reasonable requests, or misrepresents any facts. Our withdrawal Client agrees to compensate us for all time we expend in will release us from any obligation to complete the engagement connection with such response, at our regular rates, and to and will constitute completion of our engagement. Client agrees reimburse us for all related out-of-pocket costs, including to compensate us for our time and out-of-pocket expenses attorney’s fees, that we incur. Any services under this paragraph through the date of our withdrawal. will be deemed a separate engagement and, to the extent permitted by law and applicable professional standards, we will promptly notify you of the matter. Wipfli LLP Page 1 Professional Services Terms and Conditions – Attest Engagements Updated 12/13/2021  Wipfli LLP Professional Services Terms and Conditions – Attest Engagements 6. Privacy and Engagement Staffing than for the stated purposes in the Engagement Letter, is not Wipfli expressly reserves the right to replace, in its sole discretion, authorized. In addition, Client shall not alter or remove any of any of our professional project team members, as necessary, to Wipfli’s trademarks, copyright registration marks, patent, or other provide quality and timely service to Client. From time to time, intellectual property notices applicable to any of Wipfli’s goods, and depending upon circumstances, Wipfli may use third-party marketing material, or advertising media, and shall not in any way service providers, such as independent contractors, specialists, or alter any of Wipfli’s products. Client shall promptly notify Wipfli in vendors to assist us in providing professional services, including writing of any infringement of Wipfli’s intellectual property by tax services. These parties and their personnel may be located third parties of which Client becomes aware. Neither party shall within or outside the United States. We may also use personnel acquire any right, title, or interest in or to the other party's code, from affiliates of Wipfli and other Wipfli-related entities (including data, business processes, or other information to which such party our wholly-owned subsidiary based in India and contractors in the may have access during the term of the engagement hereunder. All Philippines) or any of their respective affiliates. In addition, Wipfli such code, data, business process and other information shall be may utilize third-party service providers, including cloud-based solely and exclusively the property of the originating party. service providers, who may collect, use, transfer, transmit, store, or otherwise process Client information in connection with the 8. Mutual Confidentiality delivery of certain services. Wipfli is committed to maintaining the During the course of performing services, the parties may have confidentiality and security of Client’s information, and access to information that is confidential to one another, including, accordingly, Wipfli maintains policies, procedures and safeguards without limitation, source code, documentation, specifications, to protect the confidentiality of Client information. In addition, databases, system design, file layouts, tool combinations, our agreements with all service providers appropriately maintain development methods, or business or financial affairs, which may and protect the confidentiality of Client information, provided we incorporate business methods, marketing strategies, pricing, may use electronic media to transmit Client information and such competitor information, product development strategies and use in itself will not constitute a breach of any confidentiality methods, customer lists, customer information, and financial obligation. We remain responsible to Client for the supervision of results (collectively “Confidential Information”). Confidential all service providers, entities, and personnel who assist us in Information may include information received from third parties, rendering professional services hereunder and for protecting the both written and oral, that each party is obligated to treat as confidentiality of Client information. Client hereby consents and confidential. authorizes us to disclose Client information to the foregoing entities and parties for the purpose of providing professional Confidential Information shall not include any information that (i) services, including tax services, to Client. is already known by the recipient party or its affiliates, free of any obligation to keep it confidential, (ii) is or becomes publicly known Wipfli is committed to protecting personal information that can be through no wrongful act of the receiving party or its affiliates, (iii) linked to specific individuals, including health information is received by the receiving party from a third party without any (“Personal Data”) and will maintain such Personal Data in restriction on confidentiality, (iv) is independently developed by confidence in accordance with professional standards and the receiving party or its affiliates, (v) is disclosed to third parties governing laws. Client will not provide any Personal Data to Wipfli by the disclosing party without any obligation of confidentiality, or unless necessary to perform professional services described in the (vi) is approved for release by prior written authorization of the Engagement Letter. When providing any Personal Data to us, disclosing party. Client will comply with all applicable laws (both foreign and domestic) and will anonymize, mask, obfuscate, and/or de- Without the advance written consent of the other party, except as identify, if reasonably possible, all Personal Data that is not required by law, regulation, or to comply with professional necessary to perform the professional services described in the standards applicable to a party or for the performance of the Engagement Letter. Any Personal Data provided to us by Client services, neither party shall disclose to a third party Confidential will be kept confidential and not disclosed to any third party not Information of the other party. Each party agrees to maintain at described above (parties providing us assistance in rendering least the same procedures regarding Confidential Information that professional services) unless expressly permitted by Client or it maintains with respect to its own Confidential Information. Each required by law, regulation, legal process, or to comply with party may use the Confidential Information received from the professional standards applicable to Wipfli. Client is responsible other party only in connection with fulfilling its obligations under for obtaining, pursuant to law or regulation, consents from parties this Agreement. The parties further agree that expiration or that provided Client with their personal information, which will be termination of this Agreement, for any reason, shall not relieve obtained, used, and disclosed by Wipfli for its required purposes, either party, nor minimize their obligations with respect to and Wipfli may rely on the representation that Client has obtained Confidential Information, as set forth herein. such consents. 9. Independent Contractor Please see Wipfli’s Privacy Statement located at The relationship between Wipfli and Client is solely and exclusively www.wipfli.com/privacy-statement for further information. that of independently contracting parties. Applicable rules in some states require that we advise you that 10. Non-Exclusivity some persons who own an interest in Wipfli may not be licensed as No right of exclusivity is granted, guaranteed, or implied by Wipfli Certified Public Accountants and may provide services related to and Client entering into any engagement letter. Client this engagement. acknowledges that Wipfli regularly performs the same or similar services as are being provided hereunder to third parties. 7. Intellectual Property Rights Client acknowledges that Wipfli owns all intellectual property 11. Dispute Resolution rights, title, and interest to all materials and information produced If any dispute arises among the parties regarding the subject or developed by Wipfli throughout the duration of this matter hereof and such dispute cannot be resolved through engagement, excluding any pre-existing ownership right of Client informal negotiations and discussion, the parties agree to try in and without implying any ownership interest in any Client good faith to settle the dispute by mediation administered by the materials, data or other information, all of which shall remain the American Arbitration Association under its applicable rules for property of Client. Upon completion of the services contemplated resolving professional accounting and related services disputes by the Engagement Letter, Wipfli grants to Client a perpetual paid- before resorting to arbitration or litigation. Costs of any mediation up license to use or modify, for internal purposes only, any proceeding shall be shared equally by all parties. Except for an deliverable produced by Wipfli and actually delivered to Client, action by us to collect payment of our invoices, Wipfli and Client provided that any use or modification of such deliverable, other Wipfli LLP Page 2 Professional Services Terms and Conditions – Attest Engagements Updated 12/13/2021  Wipfli LLP Professional Services Terms and Conditions – Attest Engagements agree that no claim arising out of services rendered pursuant to capabilities, or (iv) a digital signature. Neither party shall contest the Engagement Letter or any Change Order shall be filed: (i) in the the admissibility of true and accurate copies of electronically case of any report or deliverable issued by Wipfli under the signed documents on the basis of the best evidence rule or as not Engagement Letter, no later than two years from the date of such satisfying the business records exception to the hearsay rule. report or deliverable (or if no report or deliverable is issued, two years from the date of the Engagement Letter), or (ii) in the case of 16. Record Retention any tax form or similar governmental filing, no later than two years We will retain records related to this engagement pursuant to our after the initial due date of such tax form or filing. record retention policy. At the end of the relevant time period, we will destroy our records related to this engagement. However, 12. Governing Law Client’s original records will be returned to Client upon the Any and all claims relating to agreements between Wipfli and completion of the engagement. When records are returned, it is Client for any service shall be governed by and construed in Client’s responsibility to retain and protect the records for possible accordance with the internal laws of the state in which the Wipfli future use, including potential examination by governmental or office which issues the Engagement Letter related to the services regulatory agencies. is located. 17. Assignment 13. Severability The Engagement Letter to which these Terms and Conditions are In the event that any term or provision of the Engagement Letter attached shall be binding on the parties hereto and their respective or these Terms and Conditions shall be held to be invalid, void, or successors and assigns. Neither party may assign this Engagement unenforceable, then the remainder shall not be affected and each Letter without prior written consent of the other, except that remaining term or condition shall be valid and enforceable to the Wipfli may assign its rights and obligations under this Engagement fullest extent permitted by law. Letter without the approval of Client to an entity that acquires all or substantially all of the assets of Wipfli or to any subsidiary or 14. Notices affiliate or successor in a merger, acquisition, or change of control All notices required to be given to either party under the of Wipfli; provided that in no event shall such assignment relieve Engagement Letter shall be in writing and sent by traceable carrier Wipfli of its obligations under this Engagement Letter. to each party’s address indicated on the Engagement Letter, or such other address as a party may indicate by at least ten (10) 18. Force Majeure business days’ prior written notice to the other party. Notices shall Either party may suspend (or if such suspension continues for be effective upon receipt. A copy of such notice should be more than thirty (30) days, terminate) its obligations (except the provided to Wipfli’s General Counsel at wipfli-legal@wipfli.com. obligation to pay for services previously rendered) under the Engagement Letter or any amendment or Change Order, if such 15. Electronic Signature obligations are delayed, prevented, or rendered impractical or Each party hereto agrees that any electronic signature of a party to impossible due to circumstances beyond its reasonable control, the Engagement Letter or any electronic signature to a document including, without limitation, fires, floods, storms, washouts, contemplated hereby is intended to authenticate such writing and tsunamis, earthquakes, wars (declared or undeclared), civil shall be as valid, and have the same force and effect, as a manual disturbances, accidents, terrorist acts (including biochemical signature. Any such electronically signed document shall be attacks), health pandemics, acts of any governmental body, damage deemed (i) to be "written" or "in writing," (ii) to have been signed, to its plants and equipment, computer network problems caused and (iii) to constitute a record established and maintained in the by any Internet Service Provider or telecommunications company ordinary course of business and an original written record when servicing Wipfli and/or Client, or acts of God or events beyond a printed from electronic files. Each party hereto also agrees that party’s control (collectively referred to herein as “Force Majeure”). electronic delivery of a signature to any such document (via email Each party will use reasonable efforts to promptly minimize the or otherwise) shall be as effective as manual delivery of a manual duration and consequences of any failure of or delay in signature. For purposes hereof, “electronic signature” includes, but performance resulting from a Force Majeure event. In such event, is not limited to: (i) a scanned copy (as a "pdf" (portable document the affected party will not be liable to the other for delay or failure format) or other replicating image) of a manual ink signature, (ii) an to perform its obligations under this Engagement Letter. electronic copy of a traditional signature affixed to a document, (iii) a signature incorporated into a document utilizing touchscreen Wipfli LLP Page 3 Professional Services Terms and Conditions – Attest Engagements Updated 12/13/2021 Meeting Date: February 1, 2023 Agenda Item: URAD RESOLUTION NO. 23-03, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY OF DACONO AMENDING THE ANNUAL BUDGET AND APPROPRIATING EXPENDITURES FOR THE URBAN RENEWAL AUTHORITY OF DACONO FOR FISCAL YEAR 2022 Presenter: Thuy Dam, Principal, State and Local Government, CliftonLarsonAllen LLP Background: The 2022 budget amendment is for the Debt Service. URAD is amending from $12,577,930 to $12,662,000 to reflect the total expenditures and transfers out.  URBAN RENEWAL AUTHORITY OF DACONO RESOLUTION NO. 23-03 A RESOLUTION OF THE URBAN RENEWAL AUTHORITY OF DACONO AMENDING THE ANNUAL BUDGET AND APPROPRIATING EXPENDITURES FOR THE URBAN RENEWAL AUTHORITY OF DACONO FOR FISCAL YEAR 2022 WHEREAS, the Board of Commissioners of the Urban Renewal Authority of Dacono on November 3, 2021 adopted the annual budget for the fiscal year beginning January 1, 2022 and ending December 31, 2022, per Resolution URAD 21-08, pursuant to and in accordance with law; and WHEREAS, the Urban Renewal Authority of Dacono has determined that certain amendments to the annual 2022 budget are requred; and WHEREAS, a public hearing has been held on the proposed amendment to the annual 2022 budget following public notice of the same; and WHEREAS, the amended 2022 budget, as revised by this Resolution, remains in balance as required by law. NOW THEREFORE, BE IT RESOLVED BY THE URBAN RENEWAL AUTHORITY OF DACONO: Section 1. The Annual Budget for the Urban Renewal Authority of Dacono, for the Fiscal Year beginning January 1, 2022, and ending December 31, 2022, is hereby amended. Such 2022 Amended Annual Budget document is attached hereto and made a part of this Resolution. Section 2. Moneys are hereby appropriated for said fiscal year as provided in said budget document. INTRODUCED, READ, and ADOPTED this 1st day of February 2023. URBAN RENEWAL AUTHORITY OF DACONO Jackie Thomas, Chairperson ATTEST: Jennifer Krieger, Executive Director/Secretary 25117231.2  URBAN RENEWAL AUTHORITY OF DACONO DEBT SERVICE FUND 2022 BUDGET AMENDMENT ORIGINAL AMENDED BUDGET BUDGET BEGINNING FUND BALANCES $ 10,874 $ 11,027 REVENUES Incremental property taxes - Plan Area II 12,590,160 12,590,424 Interest income - 65,000 Total revenues 12,590,160 12,655,424 EXPENDITURES Trustee fees 3,000 3,000 County Treasurer's fee 188,852 188,856 Property tax increment payment - AIMS Junior College 93,743 93,745 Property tax increment payment - School Dist RE1J 2,871,405 2,871,466 Property tax increment payment - School Dist RE8 112,915 112,918 Property tax increment payment - St Vrain Sanitation 46,886 46,887 Property tax increment payment - Weld County 812,360 812,377 Property tax increment payment - Mountain View Fire 1,000,544 1,000,565 Property tax increment payment - Northern Colorado Water 100,126 100,128 Bond principal 5,100,000 5,179,000 Bond interest 2,171,804 2,171,804 Contingency - 4,959 Total expenditures 12,501,635 12,585,705 TRANSFERS OUT General Fund - Administation fees 76,295 76,295 Total transfers out 76,295 76,295 Total expenditures and transfers out requiring appropriation 12,577,930 12,662,000 ENDING FUND BALANCES $ 23,104 $ 4,451 Meeting Date: February 1, 2023 Agenda Item: Discussion of the sanitary sewer lift station. Presenter: Jennifer Krieger, AICP, Executive Director Background: As part of the Tax Increment Revenue Bonds Seris 2020, the Authority entered into an Intergovernmental Agreement for the Acquisition and Construction of Infrastructure. This Agreement contributed $2,000,000 in bond proceeds to the City to towards funding for a lift station. In turn, the City of Dacon and St. Vrain Sanitation District entered into a Line Extension Agreement for $2,000,000 which was matched by $500,000 by the District. The area proposed to be served is shown as Option A on the Little Dry Creek line extension map. There is an opportunity to consider additional funding for the completion of Option B. The Authority will take no formal action. This agenda item is for discussion and general direction only.  Little Dry Creek Line Extension BAUER DRIVE 12TH ST TAYLOR 13TH ST ST 35 13TH ST 36 31 32 33 34 HWY 52 CR 14 7TH ST F ST CR 17 RAILROAD AVE GLEN CREIGHTON DR 6TH ST North Carlson AY DUKES W FOREST AV N ASH AV GLE CR 11.5 W CY PK SHORT DR BIRCH AV LEGA 2ND ST DA LE ELIZABETH ST CIR HWY 52 6 5 CR 12.5 4 3 2 Y 1 FRANKLIN ST MILLER DR GRANDVIEW BLVD CR 12 PANORAM CIR WILMAR DR 11 12 7 8 9 10 Grayden GRADEN BLVD GRADEN BLVD CR 10 E RD PEREGRIN E ME ADOW DR EAGL SWEETGRASS PKWY CR 17 COLORADO BLVD HOLLY ST 14 13 18 17 16 15 CR 11 CR 8 SUMMIT BLVD CR 11.3 23 24 19 20 21 22 YORK ST CR 6 CR 19 29 28 27 26 25 30 Proposed Line Extensions NAME LITTLE DRY CREEK OPTION A LITTLE DRY CREEK OPTION B Sewerlines CR 4 Active Line Service area Gravity Service area · 35 36 31 32 33 Dry Creek Option A Little 34 Little Dry Creek Option B Little Dry Creek Option A + B