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Home My WebLink About2021 Ordinance No. 033 1 BY AUTHORITY ORDINANCE NO. 33 COUNCIL BILL NO. 24 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FINAL DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK AT BROADWAY BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT dba MILE HIGH FLOOD DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the Mile High Flood District ("District") in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures; WHEREAS, the City of Englewood ("City") and District participated in a joint planning study titled “Major Drainageway Planning Little Dry Creek by McCall- Ellingson & Morrill, Inc., dated February 1974 hereinafter called “PLAN”); WHEREAS, the City entered into an IGA with the District by the passage of Ordinance No. 27, Series of 2020, in which the Parties agreed to share in the cost regarding the Final Design and Construction of Drainage and Flood Control Improvements for Little Dry Creek, with each Parties share set at $360,000; WHEREAS, the Parties now desire to construct additional improvements for Little Dry Creek at Broadway, which will require an increase in the level funding by $1,480,000; WHEREAS, District's Board of Directors has authorized District financial participation for the additional improvement for the Project (Resolution No. 49, Series of 2021); WHEREAS, the increase in cost of the project will be shared by the Parties equally with each Party contributing $740,000 dollars for a total of $1,480,000; WHEREAS, the IGA will be amended by the replacement of Paragraph 4 and Paragraph 5 of the original IGA, and attached hereto as Exhibit A; and WHEREAS, the City Council of the City of Englewood and the Board of Directors of the District have authorized by appropriation or resolution, all of the Project costs of the respective Parties. DocuSign Envelope ID: 83D3000C-32EC-485C-AA70-DA0353427745 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the First Amendment to the Intergovernmental Agreement Regarding Final Design and Construction of Drainage and Flood Control Improvements for Little Dry Creek at Broadway – Agreement No. 20-05.34, Project No. 107336, between the Urban Drainage and Flood Control District dba Mile High Flood District and the City of Englewood, a copy of which is attached hereto as Exhibit 1. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the First Amendment to the Intergovernmental Agreement Regarding Final Design and Construction of Drainage and Flood Control Improvements for Little Dry Creek at Broadway for the City of Englewood, for and on behalf of the City Council of the City of Englewood, Colorado. Section 3. There are no federal funds being used by Englewood on this Project. Introduced, read in full, and passed on first reading on the 19th day of July, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of July, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of July 2021 for thirty (30) days. Read by Title and passed on final reading on the 2nd day of August, 2021. Published by Title in the City’s official newspaper as Ordinance No. 33, Series of 2021, on the 5th day of August, 2021. Published by title on the City’s official website beginning on the 4th day of August, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor DocuSign Envelope ID: 83D3000C-32EC-485C-AA70-DA0353427745 3 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 33, Series of 2021. Stephanie Carlile DocuSign Envelope ID: 83D3000C-32EC-485C-AA70-DA0353427745 Agreement No. 20-05.34A 1 FIRST AMENDMENT TO AGREEMENT REGARDING FINAL DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK AT BROADWAY CITY OF ENGLEWOOD Agreement No. 20-05.34A Project No. 107336 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter called "FIRST AMENDMENT"), by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, PARTIES have entered into "Agreement Regarding Final Design and Construction of Drainage and Flood Control Improvements for Little Dry Creek at Broadway, City of Englewood" (Agreement No. 20-05.34) dated August 10, 2020 (hereinafter called "AGREEMENT"); and WHEREAS, PARTIES now desire to construct drainage and flood control improvements at Little Dry Creek (hereinafter called "PROJECT"); and WHEREAS, PARTIES desire to increase the level of funding by $1,480,000; and WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT financial participation for PROJECT (Resolution No. , Series of 2021); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as follows: 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this AGREEMENT, PROJECT costs shall consist of and be limited to the following: 1. Final design services; 2. Construction of improvements; B. It is understood that PROJECT costs as defined above are not to exceed $2,200,000 without amendment to this AGREEMENT. PROJECT costs for the various elements of the effort are estimated as follows: DocuSign Envelope ID: 83D3000C-32EC-485C-AA70-DA0353427745 Agreement No. 20-05.34A 2 ITEM AS AMENDED ORIGINAL 1. Final Design $ 720,000 $ 720,000 2. Construction $ 1,480,000 $ -0- Grand Total $ 2,200,000 $ 720,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this AGREEMENT provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Share Previously Contributed Additional Contribution Maximum Contribution DISTRICT 50.00% $360,000 $ 740,000 $1,100,000 CITY 50.00% $360,000 $ 740,000 $1,100,000 TOTAL 100.00% $720,000 $1,48,000 $2,200,000 2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows: 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one- half share may come from its own revenue sources or from funds received from state, federal or other sources of funding without limitation and without prior DISTRICT approval. Payment of each PARTY's full share (CITY - $1,100,000; DISTRICT - $1,100,000) shall be made to DISTRICT subsequent to execution of this AGREEMENT and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 3. All other terms and conditions of this AGREEMENT shall remain in full force and effect. DocuSign Envelope ID: 83D3000C-32EC-485C-AA70-DA0353427745 Agreement No. 20-05.34A 3 WHEREFORE, PARTIES hereto have caused this FIRST AMENDMENT to be executed by properly authorized signatories as of the date and year written below. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Ken A. MacKenzie Checked By Title Executive Director Date CITY OF ENGLEWOOD By Name Title Date DocuSign Envelope ID: 83D3000C-32EC-485C-AA70-DA0353427745