HomeMy WebLinkAbout2020 Ordinance No. 019
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ORDINANCE NO. 19 COUNCIL BILL NO. 21
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER STONE
AN EMERGENCY ORDINANCE
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
ARAPAHOE COUNTY, COLORADO, AND THE CITY OF
ENGLEWOOD, COLORADO, REGARDING “CARES ACT”
LOCAL GOVERNMENT DISTRIBUTION.
WHEREAS, the Coronavirus Aid, Relief, and Economic Security ("CARES") Act was
passed by Congress and signed into law on March 27, 2020, which provides over $2 trillion of
economic relief;
WHEREAS, through the Coronavirus Relief Fund, the CARES Act provides for payments
to State, Local, and Tribal governments seeking to address the impacts of the COVID-19 outbreak
at the local level;
WHEREAS, the CARES Act requires that Coronavirus Relief Funds be used to cover
those costs incurred by Governments that:
• are necessary expenditures incurred due to the public health emergency with
respect to the Coronavirus Disease 2019 ("COVID-19");
• were not accounted for in the budget most recently approved as of March 27, 2020,
for governmental entities; and
• were incurred during the period that begins on March 1, 2020, and ends on
December 30, 2020 ("Eligible Expenses");
WHEREAS, the CARES Act provides that the U.S. Treasury Department make payments
from the Coronavirus Relief Fund to States and eligible units of local government, the District of
Columbia and U.S. territories, and tribal governments, based on population calculations provided
in the CARES Act;
WHEREAS, Arapahoe County (County) is an eligible unit of local government under the
CARES Act and has received an allocation of Coronavirus Relief Funds;
WHEREAS, County desires to distribute a portion of its allocation of CARES Act funds
to the City of Englewood (City) in order to effectuate the purpose and intent of the CARES Act
and to assist City in mitigating the impacts of the COVID-19 emergency, and the Parties desire to
enter into this intergovernmental agreement in order to set forth the terms and conditions pertaining
to such distribution;
WHEREAS, pursuant to Section 18(2) of Article XIV of the Colorado Constitution and
C.R.S. Section 29-1-203, as amended, the County and City have the authority to enter into
intergovernmental agreements and are authorized to cooperate by contracting with one another for
their mutual benefit; and
WHEREAS, pursuant to Englewood Municipal Charter §79 the City Council may, by
ordinance, enter into contracts with other governmental bodies to furnish or receive governmental
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services, to make or pay charges for such governmental services, and to enter into cooperative or
joint activities agreements with other governmental bodies;
WHEREAS, the Englewood City Charter, Section 41 provides for the passage and immediate
enacting of emergency ordinances necessary for the immediate preservation of public property, health,
peace, or safety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. The Intergovernmental Agreement (IGA) regarding CARES Act Local
Government Distribution, by and between The Board of County Commissioners of the County of
Arapahoe, State of Colorado, and the City of Englewood, Colorado, attached as “Exhibit A”, is
hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute the attached IGA and this Ordinance, and
the City Clerk is authorized to attest and seal the attached IGA and this Ordinance for and on behalf
of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 18th day of May, 2020.
Published in full as a Bill for an Emergency Ordinance on the City’s official website on
the 20rd day of May, 2020.
Read by Title and amended on Second Reading on the 20th of May, 2020
Published in Full as a Bill for an Emergency Ordinance on the 21st of May, 2020
Read by Title and passed on final reading on the 26th day of May, 2020.
Published in full on the City’s official website beginning on the 29st day of May, 2020 for
thirty (30) days.
Linda Olson, Mayor
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 Emergency Ordinance introduced, read in full, and
passed on final reading on the 26th day of May, 2020.
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Stephanie Carlile
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INTERGOVERNMENTAL AGREEMENT
CARES Act Local Government Distribution
This Intergovernmental Agreement (“Agreement”), is made and entered into by and
between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
ARAPAHOE, STATE OF COLORADO, (the “County”) and THE CITY OF ENGLEWOOD,
a municipality and political subdivision of the State of Colorado (the “Local Government”). The
County and the Local Government shall be referred to herein, individually, as a “Party” and,
collectively, as the “Parties.”
WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was
passed by Congress and signed into law on March 27, 2020, which provides over $2 trillion of
economic relief; and
WHEREAS, through the Coronavirus Relief Fund, the CARES Act provides for payments
to State, Local, and Tribal governments navigating the impact of the COVID-19 outbreak; and
WHEREAS, the CARES Act provides that the U.S. Treasury Department was to make
payments from the Coronavirus Relief Fund to states and eligible units of local government; the
District of Columbia and U.S. territories; and tribal governments, based on population calculations
provided in the CARES Act; and
WHEREAS, Arapahoe County is an eligible unit of local government under the CARES
Act and has received an allocation of Coronavirus Relief Funds; and
WHEREAS, the CARES Act requires that Coronavirus Relief Funds may only be used to
cover those costs of the Local Government that:
• are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19);
• were not accounted for in the budget most recently approved as of March 27, 2020, for
the local government entity; and
• were incurred during the period that begins on March 1, 2020, and ends on December
30, 2020;
and
WHEREAS, pursuant to Section 18(2) of Article XIV of the Colorado Constitution and
C.R.S. Section 29-1-203, as amended, the County and the Local Government have the authority to
enter into intergovernmental agreements and are authorized to cooperate by contracting with one
another for their mutual benefit; and
WHEREAS, the County desires to distribute a portion of its allocation of Coronavirus
Relief Funds with the Local Government in order to effectuate the purpose and intent of the
CARES Act and to assist the Local Government in mitigating the impacts of the COVID-19
emergency, and the Parties desire to enter to this intergovernmental agreement in order to set forth
the terms and conditions pertaining to such distribution.
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NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
and promises herein contained, the County and the Local Government agree as follows:
1. Coronavirus Relief Funds Available to Local Government. The County will make
available for reimbursement to the Local Government, and, in certain limited cases, advancement
to the Local Government, on an as needed basis, a portion of the County’s allocation of
Coronavirus Relief Funds (the “Coronavirus Relief Funds” or “Funds”) in an amount not to exceed
Three Million Two Hundred Thirteen Thousand Nine Hundred Ninety-One Dollars and no/100
($3,213,991.00) (the “Distribution Amount”). The Local Government acknowledges and agrees
that the County, at its sole discretion, may increase or decrease the Distribution Amount as may
be necessary to reallocate Funds to address county-wide needs, other local government or sub-
grantee needs, and/or other needs consistent with the CARES Act, or because the Local
Government will not be able to use its full share by December 30, 2020. Prior to making a decision
to increase or decrease the Distribution Amount, the County shall consult with the representative
for the Local Government to determine the anticipated needs and expenses of the Local
Government and the amounts of any unreimbursed expenses. The County shall provide written
notice of at least ten (10) business days prior to the effective date of any increase or decrease in
the Distribution Amount. Once such notice has been given, the County will continue to reimburse
Local Government expenses that meet the requirements of this Agreement and that were incurred
or committed to prior to the Local Government’s receipt of the notice, so long as reimbursement
is requested in compliance with this Agreement prior to the effective date of the notice.
2. Local Government Request for Reimbursement. The Local Government may make a
request for reimbursement of its expenditures to the County. The Local Government’s total
requests for reimbursement, along with the total amount of any Funds paid or advanced, shall not
exceed the Distribution Amount. The Local Government acknowledges and agrees that the costs
and expenses submitted will only be submitted for reimbursement pursuant to this Agreement and
will not be submitted for reimbursement, or paid with funds from any other federal government
program, such as FEMA or another aid program. Prior to making an expenditure, the Local
Government may consult with the County to inquire whether certain costs and expenditures may
be in compliance with the CARES Act.
A. Requests. The request for reimbursement shall be submitted with the form provided by
the County and shall include the following documentation:
1) The Local Government shall provide a description of the date of expenditure,
amount, vendor, description of expense, an explanation of expense’s connection to COVID-
19, and a certification that are eligible expenses in compliance with the CARES Act that:
• are necessary expenditures incurred due to the public health emergency with
respect to the Coronavirus Disease 2019 (COVID-19);
• were not accounted for in the budget most recently approved as of March 27,
2020, for the Local Government; and
• were incurred during the period that begins on March 1, 2020, and ends on
December 23, 2020 (“Eligible Expenses”).
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2) The Local Government shall provide supporting information for the request for
reimbursement in the form of contracts, invoices, vouchers, receipts, payroll and time records,
or other official documentation proving/verifying its expenditures submitted on the form
provided as Eligible Expenses under the CARES Act.
3) The Local Government shall provide ACH or wire transfer instructions for
distribution from the County of reimbursement of Eligible Expenses.
B. Request Submission Dates. Local Government shall use its best efforts to submit
requests for reimbursement according to the following schedule, but shall not be deemed to have
waived eligibility for reimbursement if a request is late or includes Eligible Expenses that could
have been submitted earlier, provided that no request may be submitted later than December 23,
2020 unless advance permission is obtained from the County:
1) Upon execution of this Agreement: Eligible Expenses incurred between March 1,
2020-April 30, 2020.
2) June 10, 2020: Eligible Expenses incurred between May 1, 2020-May 31, 2020.
3) July 10, 2020: Eligible Expenses incurred between June 1, 2020-June 30, 2020.
4) August 10, 2020: Eligible Expenses incurred between July 1, 2020-July 31, 2020.
5) September 10, 2020: Eligible Expenses incurred between August 1, 2020-August
31, 2020.
6) October 10, 2020: Eligible Expenses incurred between September 1, 2020-
September 30, 2020.
7) November 10, 2020: Eligible Expenses incurred between October 1, 2020-October
31, 2020.
8) December 10, 2020: Eligible Expenses incurred between November 1, 2020-
November 30, 2020.
9) December 23, 2020: Eligible Expenses incurred between November 31, 2020 and
December 23, 2020.
C. County Review and Acceptance. The County shall review and/or audit the Local
Government’s reimbursement request. The County shall only accept and reimburse requests that
provide adequate documentation, and only for what the County determines, at its sole discretion,
are Eligible Expenses. The County may contact the Local Government to discuss the
documentation and nature of the expenses included in the request for reimbursement. In the event
the County does not accept, in whole or in part, the Local Government’s request for
reimbursement, the County shall provide a written response documenting the basis for the
County’s determination. The Local Government may resubmit a corrected or augmented request
for reimbursement and any necessary additional supporting documentation within ten (10) days of
receiving notice of the County’s written determination, and the County will then re-review the
request and any additional supporting documentation and rationale submitted by the Local
Government; except that, no request may be submitted or re-submitted any later than December
23, 2020 and any request submitted after such date will not be paid, unless advance permission to
submit or re-submit a request after this date is obtained from the County. The Local Government
acknowledges and understands that the U.S. Treasury is the authorizing agency and the County is
using its best efforts to determine Eligible Expenses. Any reimbursement request accepted and
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paid, in whole or in part, by the County, is still subject to federal review and has the potential to
be subsequently dis-allowed. As such, any acceptance by the County of the Local Government’s
request to reimburse and subsequent payment shall not be construed to operate as a waiver of the
Local Government’s obligation to comply with the CARES Act, this Agreement, and any other
laws, regulations or rules and shall not operate as a waiver or estoppel of the Local Government’s
obligation to return/repay any Funds distributed to the Local Government that are subsequently
found to not have been used or reimbursed for Eligible Expenses or the use of which was found to
otherwise be unlawful.
D. Distribution. The County shall disburse reimbursement directly to the Local
Government via ACH or wire transfer as provided by the Local Government. The County shall
use its best efforts to distribute Funds to the Local Government within ten (10) days of the County’s
review and acceptance. Prior to receiving reimbursement under this Agreement, the Local
Government shall complete the required risk assessment questionnaire, conflict of interest, and
mandatory disclosure forms per the OMB Uniform Guidance for Federal Awards (2 CFR § 200)
provided by the County.
E. Consultation. The Local Government is encouraged to consult with the County if there
is any question regarding whether proposed expenses are viewed by the County as being Eligible
Expenses or regarding any other requirements for reimbursement, prior to incurring or otherwise
committing to the expenses. The Local Government shall not enter into any sub-grant
arrangements or agreements without first consulting with and obtaining permission from the
County. The County will use its best efforts to promptly respond to any questions regarding
eligibility, sub-grants, or other requirements.
F. Advancement of Funds. The County will consider requests for advancement of Funds
where the Local Government provides substantial justification for its need for advancement instead
of reimbursement. Such requests will be evaluated by the County on a case-by-case basis and its
decision as to whether there is adequate justification and whether Funds shall be advanced shall
be in its sole discretion and shall be final; any advancement of Funds shall be subject to all terms
and conditions of this Agreement except those specifically pertaining only to reimbursement, and
shall be subject to such additional terms and conditions as may be agreed upon in writing between
the County and Local Government, which, once executed, shall automatically become part of this
Agreement.
G. Disputes/Release. The Local Government understands that the County is obligated to
expend its allocation of Coronavirus Relief Funds no later than December 30, 2020, and that any
unexpended Funds as of that date must be returned to the U.S. Treasury Department. Due to the
limited time to administer the Coronavirus Relief Funds, the Local Government agrees that there
is no time to file an action to compel any alleged reimbursement requirement or other relief. The
Local Government understands that the resubmittal process contained in Paragraph 2C above is
the sole process for disputes regarding eligibility. The Local Government acknowledges that the
County’s decisions concerning any advancement of Funds, or reimbursement of any submittal or
re-submittal are final, and cannot be challenged or appealed in court or otherwise. Local
Government hereby waives, relinquishes and forever releases any and all claims or actions for
damages, injunctive relief, and any other relief of any kind whatsoever, that it has or may have
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now or in the future, against Arapahoe County, its Board of County Commissioners, elected and
appointed officials, employees and agents, to obtain advancement or reimbursement of Funds
and/or expenses related to COVID-19, or to obtain damages for the County’s failure to advance or
pay Funds and/or expenses related to COVID-19, or to seek any other relief that is inconsistent
with this sub-section of the Agreement.
3. Return of Funds. To the extent any reimbursement or advance paid to the Local
Government under this Agreement is not actually expended, or any costs and expenses are
subsequently refunded to the Local Government, the Local Government agrees that it shall return
any Funds that are unused or refunded to the County by December 10, 2020.
4. Expenditures and Accounting.
A. The CARES Act imposes expenditure and accounting obligations upon local
governments receiving Coronavirus Relief Funds. The Local Government acknowledges and
agrees to be solely responsible for ensuring that it procures, spends, documents, and accounts for
its portion of the Distribution Amount received from the County in strict compliance with the
CARES Act requirements and this Agreement, and any other applicable laws, regulations and
rules, formal guidance from the U.S. Treasury Department, and the OMB Uniform Guidance for
Federal Awards (2 CFR § 200). Because the CARES Act is recent legislation, the Parties anticipate
that additional federal legislation, rules, regulations, and guidance from the U.S. Treasury
Department may be promulgated regarding the expenditure and accounting requirements. The
Local Government agrees to familiarize itself with, and shall adhere to, all current and subsequent
legislation, rules, regulations, and guidance from the U.S. Treasury Department.
B. The Local Government shall maintain a complete set of books and records
documenting its use of Funds under this Agreement. Records are to include relevant financial
information such as bids, proposals, contracts, invoices, vouchers, receipts, payroll and time
records as well as administrative records documenting the Local Government’s determination that
such expenditures are Eligible Expenses under the CARES Act. The Local Government shall
provide full access to these books and records to the County, the U.S. Treasury Department, and
the Office of Inspector General (“OIG”), so that compliance with the CARES Act and other
applicable laws and regulations can be monitored, audited, and confirmed. During the term of this
Agreement, the County will monitor the use of Funds distributed to the Local Government through
reporting, site visits, regular contact, or other means to provide reasonable assurance of compliance
with laws, regulations, and the provisions of the CARES Act. All records pertaining to the use of
Funds under this Agreement are to be maintained for five (5) years from December 30, 2020.
C. The Parties anticipate that the Office of Inspector General (“OIG”) will audit the use
of Coronavirus Relief Funds beginning in January 2021, or thereafter. In anticipation of the
upcoming audit, the Local Government agrees to provide to any additional documentation required
to respond to such audit.
D. If the federal government imposes additional documentation requirements on the
County, the Local Government agrees to timely provide to the County all information and
documentation necessary for the County’s compliance with such requirements as related to the
Distribution Amount.
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E. None of the reporting requirements herein are intended to shift the responsibility of the
Local Government for ensuring that each dollar of its requests for reimbursement or advances were
spent in compliance with the CARES Act and this Agreement. The County assumes no
responsibility for oversight or management of the Local Government’s spending and requires the
above reporting to ensure the County has sufficient documentation for the OIG audit. In the event
the OIG, U.S. Treasury Department, or any other federal agency/division determines that the Local
Government spent its Distribution Amount on, or was reimbursed by the County for any ineligible
expenses, or that the expenditure or use of Funds was otherwise unlawful, the Local Government
acknowledges and agrees that it is solely responsible for any required recoupment/repayment of
those Funds.
5. Audit. In the event of an audit or other investigation or review by the U.S. Treasury
Department, or other federal agency/division, of the use of any Coronavirus Relief Funds provided
by the County, the Local Government shall, at its own costs, provide documentation and defend
the Local Government’s use of the Funds. The Local Government agrees to provide the County,
upon request, a copy of any audit reports pertaining to its use of Funds under this Agreement. In
the event that the U.S. Treasury or other federal agency/division finds that the Local Government’s
use of Funds was not authorized by the CARES Act or this Agreement, or that the Local
Government received advancement or reimbursement of Funds from the County to cover
expenditures that are not Eligible Expenses or was otherwise in violation of the CARES Act, or
was otherwise unlawful, the Local Government acknowledges and agrees that it shall be solely
responsible for paying/refunding/reimbursing the amount of such Funds to the County, along with
any interest and costs owed on such amount. The County shall then pay the amount of such Funds,
and interest and costs, received from the Local Government to the U.S. Treasury or other federal
agency/division. In the event the Local Government fails to comply with its obligation to
pay/refund/reimburse Funds as set forth above, in addition to any other remedy that the County
may have available, the County may withhold any funds collected by the County that would be
owed to the Local Government as a set off to make any required payments/refunds/reimbursements
to the U. S. Treasury or other federal agency/division, or to cover any amounts expended by the
County for such purpose. The Local Government further acknowledges and agrees that, if the
expenditure of Federal awards by the Local Government meets or exceeds $750,000 during the
fiscal year 2020, it shall perform audits as required by the OMB Uniform Guidance per §200.501.
6. Publicity. The Local Government agrees to acknowledge the Arapahoe County CARES
Program as a contributor to any project or program that is funded with Coronavirus Relief Funds
pursuant to this Agreement in all publications, news releases, and other publicity issued by the
Local Government and agrees to allow the County to do the same. The Local Government shall
cooperate with the County in preparing public information pieces, including photos, for
publications, news releases, and other publicity issued by the County. The County’s contact for
purposes of this section of the Agreement is Luc Hatlestad, Arapahoe County Public Information
Officer.
7. Representatives. The County’s primary representative and contact for matters pertaining
to this Agreement (other than matters pertaining to section 6) shall be Todd Weaver, Director of
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the Finance Department. The Local Government’s primary representative and contact for matters
pertaining to this Agreement shall be Maria Sobota, Finance Director – City of Englewood.
8. Compliance with Laws. The Local Government shall comply with the Cares Act and any
other applicable federal, state, and local laws, regulations and rules.
9. Indemnification. To the extent permitted by law, the Local Government shall indemnify
the County and its elected and appointed officials, officers, employees, and agents from and against
any and all losses, damages, liabilities, claims, suits, actions, or awards, including costs, expenses,
and attorney’s fees, incurred or occasioned as a result of the acts or omissions of the Local
Government, or its elected officials, employees, agents, or subcontractors arising out of or in any
way connected with the performance of this Agreement. The Local Government’s obligation to
indemnify pursuant to this paragraph shall survive the termination of this Agreement.
10. Hold Harmless. The Local Government agrees that in the event the Local Government (or
anyone acting on its behalf) fails to perform the terms of the Agreement or is found to use any
Funds received on ineligible expenses, or found to have been reimbursed for ineligible expenses,
under the CARES Act and/or other applicable law, the Local Government agrees to hold the
County harmless for any damages suffered as a result thereof. The Local Government also agrees
to pay any actions, claims, lawsuits, damages, charges, or judgments whatsoever that arise out of
the Local Government’s performance or nonperformance under this Agreement, including the
costs and reasonable attorneys’ fees incurred by the County in the defense thereof.
11. Term. This Agreement begins as of March 1, 2020 and shall expire on June 30, 2021.
Notwithstanding anything herein to the contrary, the Parties understand and agree that all terms
and conditions of this Agreement that may require continued performance or compliance beyond
the termination date of this Agreement, including, without limitation, Sections 2–5 and 8-10 of
this Agreement, shall survive such termination date and shall be enforceable as provided herein in
the event of a failure by a party to perform or to comply under this Agreement.
12. Miscellaneous Provisions.
A. Assignment. No Party shall have the right and authority to assign any of the obligations
associated with this Agreement to another Party.
B. Successors and Assigns. Except as herein otherwise provided, this Agreement shall
inure to the benefit of and be binding upon the Parties hereto and their respective successors and
permitted assigns.
C. No Third-Party Beneficiaries. It is expressly understood and agreed that the
enforcement of this Agreement and all rights of action relating thereto shall be strictly reserved to
the County and the Local Government. Nothing contained in this Agreement shall give or allow
any claim or right of action whatsoever by any other third person.
D. Severability. Should any one or more provisions of this Agreement be determined to
be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided,
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however, the parties shall forthwith enter into good faith negotiations and proceed with due
diligence to draft a provision that will achieve the original intent of the parties hereunder.
E. Laws and Venue. This Agreement shall be governed by, and shall be construed in
accordance with, the laws of the State of Colorado. Venue for the trial of any action arising out of
any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules
of civil procedure.
F. Appropriation. Notwithstanding any other term, condition, or provision herein, each
and every obligation of the Parties stated in this Agreement is subject to the requirement of a prior
appropriation of funds therefor by the appropriate governing body of the Local Government and/or
the County.
G. Notices. Notices to be provided under this Agreement shall be given in writing and
either delivered via e-mail, by hand or deposited in the United States mail with sufficient postage
to the addresses set forth herein:
COUNTY: Board of County Commissioners of Arapahoe County
5334 South Prince Street
Littleton, Colorado 80120-1136
commissioners@arapahoegov.com
And
Arapahoe County Attorney
5334 South Prince Street
Littleton, Colorado 80120-1136
attorney@arapahoegov.com
LOCAL
GOVERNMENT: City Manager, City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
citymanagersoffice@englewoodgov.org
And
City Attorney, City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
cao@englewoodco.gov
H. Modifications. This Agreement may be amended, modified, or changed, in whole or in
part, only by written agreement duly authorized and executed by the County and the authorized
signatories for the Local Government.
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I. Entire Agreement. This Agreement constitutes the entire agreement of the parties
hereto. The parties agree that there have been no representations made regarding the subject matter
hereof other than those, if any, contained herein, that this Agreement constitutes the entire
agreement of the parties with respect to the subject matter hereof, and further agree that the various
promises and covenants contained herein are mutually agreed upon and are in consideration of one
another.
J. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
Electronic or facsimile delivery of a fully executed copy of the signature pages below shall
constitute an effective and binding execution of this Agreement.
K. Authorization. The Parties hereto stipulate and represent that all procedures necessary
to authorize the execution of this Agreement have been performed and that the persons signing for
each Party have been authorized to do so.
L. Electronic Signatures. The Parties approve the use of electronic signatures for
execution of this Agreement. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act, CRS §§ 24 71.3 101 to -121.
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