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HomeMy WebLinkAbout2020 Ordinance No. 0471 BY AUTHORITY ORDINANCE NO. 47 COUNCIL BILL NO. 48 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD AND THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, A.K.A. “ENGLEWOOD SCHOOL DISTRICT”. WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS, the Parties have entered into multiple Agreements for the shared use, service, maintenance and joint activities utilizing District properties; WHEREAS, District has completed major facility upgrades and renovations, nullifying provisions within existing Agreements; WHEREAS, City has instituted significant changes to their recreational and athletic programs, nullifying provisions within existing Agreements; and WHEREAS, the Parties desire to update their previous Intergovernmental Agreements to better reflect existing facilities and programs, and to better serve the community’s needs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement by and between the CITY OF ENGLEWOOD, a Colorado Home Rule Municipality, (“City”) and the ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, also known as Englewood School District, a copy of which is marked as “Exhibit A” and attached hereto. Section 2. The Mayor is hereby authorized to sign said Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado, attached hereto as Exhibit A, including the fee schedule appended thereto. Introduced, read in full, and passed on first reading on the 19th day of October, 2020. Published by title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of October, 2020. DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C 2 Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of October, 2020 for thirty (30) days. Read by Title and passed on final reading on the 2nd day of November, 2020. Published by Title in the City’s official newspaper as Ordinance No. 47, Series of 2020, on the 5th day of November, 2020 Published by title on the City’s official website beginning on the 4th day of November, 2020 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Ordinance passed on final reading and published by Title as Ordinance No. 47, Series of 2020. Stephanie Carlile DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C 1 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, is entered into this _____ day of ___________________, 2020, by and between the CITY OF ENGLEWOOD, a Colorado Home Rule Municipality, (“City”) and the ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, (“Englewood School District” or “District”). W I T N E S E T H WHEREAS, the Parties have entered into multiple Agreements for the shared use, service, maintenance and joint activities utilizing District properties; WHEREAS, District has completed major facility upgrades and renovations, nullifying provisions within existing Agreements; WHEREAS, City has instituted significant changes to their recreational and athletic programs, nullifying provisions within existing Agreements; and WHEREAS, the Parties desire to update their previous Intergovernmental Agreements to better reflect existing facilities and programs, and to better serve the community’s needs. NOW THEREFORE, in consideration of the mutual agreements and promises herein contained, and subject to the terms and conditions hereinafter stated, City and District understand and agree as follows: 1.PURPOSE AND SCOPE OF AGREEMENT: The purpose of this Agreement is to memorialize the understandings between City and District for the shared provision of recreational services and facilities to benefit the community. 2.TERMINATED AGREEMENTS: The following Agreements are recognized as either expired or repealed by separate action: a.Ordinance 66, Series of 2013 – Flat 14ers Initiative Project, which was a movement-based initiative to challenge individuals to virtually climb Colorado’s 14ers by designating Englewood Parks, paths, walking trails and Englewood School spaces. Participants would walk a designated space a certain number of times gathering enough steps to climb a designated 14er. The initiative is no longer in operation at Englewood or District properties. b.Ordinance 37, Series of 2011 – Community Gardens at Charles Hay and Clayton Elementary Schools. City, through an IGA with District, assisted District in grant funding and implementation. City no longer has a role in the grant funding and implementation, in addition District currently manages these gardens, and City has no continuing role in the garden operations. c.Ordinance 36, Series of 1998 – Clayton Elementary Athletic Field. Prior to the school being reconstructed City utilized the athletic field for various sports league use. Since the reconstruction of the elementary school, the athletic field was reduced in size and now contains a slope for storm water run-off. These changes make it undesirable for team functions. d.Ordinance 38, Series 2005 – Defining the joint responsibility between City and District for the use of the Sinclair Basketball and Inline Hockey Rink areas. The Inline Hockey Rink is no longer used for inline hockey, but instead for pickle ball, and the basketball courts no longer exist. The project was funded in part by Open Space funds which are no longer available. Attachment ADocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C 2 e. Ordinance 14, Series of 2013 – Provided City would contribute funds for improvements to the gymnasium at Colorado’s Finest Alternative High School (CFAHS). In exchange, City would be allowed first priority use of the facility outside of school hours, and all fees and costs would be waived for City. City no longer utilizes the facility. f. Ordinance 63, Series of 2013 - Consolidated previous shared service and joint activity intergovernmental agreements, modified existing agreements concerning Hosana Field, and authorized applications for grants. The consolidated agreements which were the subject of this ordinance will be repealed, and City and District are entering into a future intergovernmental agreement regarding the shared use of District facilities that were the subject of this Ordinance. 3. DUTIES OF ENGLEWOOD: City agrees to provide the following to District: a. City agrees to cover all damages caused by City programs and not caused by normal wear and tear to the CFHSC gymnasium used for its summer youth programs. b. City will improve and maintain the athletic field on the East side of CFHSC at no cost to District, and any revenues earned from field rentals will belong solely to City. c. City will continue to maintain and schedule the use of the outdoor basketball and pickleball courts at CFHSC. d. City will maintain the adjacent CFHSC parking lot at no cost to District including any required resurfacing. e. City agrees to cover the cost of any damage when using the Auditorium during the summer months and not caused by normal wear and tear to the Fisher Auditorium for a summer drama program at the Englewood Campus. f. City shall not use any materials or leave sets or equipment at the Auditorium or shop area at the end of the summer drama program. g. City shall pay for its use of any and all other District facilities, based on the attached fee schedule for youth or adult participation as appropriate. Said fee schedule shall be made available when it is completed. 4. DUTIES OF DISTRICT: District agrees to provide the following to City: a. District will provide full access as required by City for its program needs and provide custodial services for the use of the CFAHS gymnasiums. b. District grants City full use of the athletic fields on the East side of CFAHS outside of regular school hours. c. All associated utilities and water usage expenses from the use of the athletic fields will be paid by District. DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C 3 d. District grants to City the full use of the Fisher Auditorium at the Englewood Campus during the summer months at established youth rates in order to facilitate a successful summer drama program. e. District shall provide City access to the shop area at the Fisher Auditorium for the construction of sets for the summer drama program. 5. MUTUAL DUTIES OF DISTRICT AND CITY: a. City and District personnel will work together to develop a property status checklist for the CFAHS gymnasium no later than June 1 of each year. b. City and District personnel will work together to develop a property status checklist for the Fisher Auditorium no later than June 1 of each year. c. City and District personnel will meet at least every other month in each calendar year to discuss logistics, expectations and to ensure positive and productive communications in support of this Agreement. 6. TERM OF THE AGREEMENT: This Agreement shall be effective upon mutual execution and shall be in effect for a period of five (5) years. 7. RENEWAL OF THE AGREEMENT: This Agreement may be renewed for five (5) additional years at the end of the current period. All renewals must be in writing and executed by both parties. Each party reserves the right to elect not to renew the agreement after expiration of the current term. If either party intends not to renew the Agreement it shall give notice of such intent at least ninety (90) days prior to expiration of the then current term of the Agreement. 8. TABOR: The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR, and shall be interpreted in conformance with TABOR. 9. NOTICE: All notices concerning this Agreement shall be made: To Englewood Public Schools attn: Superintendent of Schools 4101 S. Bannock St. Englewood, CO 80110 To City of Englewood attn: City Manager 1000 Englewood Parkway Englewood, CO 80110 10. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any performance by one Party constitute or be construed to be a waiver by that Party of any breach of a term, covenant, or condition or any default which may then exist on the part of another Party. When any such breach or default shall exist, it shall not impair or prejudice any right or remedy available to the non-breaching Party with respect to such breach or default; and no assent, expressed or implied, DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C 4 to any breach of any one or more terms, covenants, or conditions of the Agreement shall be construed as a waiver of any succeeding or other breach. 11. VENUE, GOVERNING LAW: Each and every term, condition, or covenant of this Agreement is subject to and shall be construed in accordance with the provisions of the laws of the state of Colorado and any rules and regulation enacted in conformance therewith, including any applicable federal law, municipal charter, ordinance, rule or regulation. 12. INSURANCE: Each Party may be self-insured as required by Colorado law, or may acquire insurance to insure the activities undertaken in this Agreement. The cost of any such insurance shall be borne exclusively by the Party obtaining such insurance and each Party shall determine what coverage if any is required. 13. COLORADO GOVERNMENTAL IMMUNITY ACT: The Parties agree that the Parties are relying upon, and have not waived, the monetary limitations and all other rights, immunities and protection provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq. 14. INDEMNIFICATION AND LIABILITY OF PARTIES: Each of the Parties shall be responsible for any and all claims, damages, liability and court awards, including costs, expenses, and attorney fees, incurred as a result of any act or omission by that Party, or its officers in connection with the subject matter of this Agreement. 15. BEST EFFORTS: The Parties agree to work diligently together and in good faith, using their best efforts to resolve any unforeseen issues and disputes, to expeditiously review and approve submittals and effect the orderly execution of the above-listed services. 16. CONFIDENTIAL INFORMATION; OPEN RECORDS: No Party shall at any time or in any manner, either directly or indirectly, divulge, disclose or communicate to any person, firm or corporation in any manner whatsoever any information concerning any matters which are not subject to public disclosure. The Parties shall comply with all applicable state laws and requirements pertaining to maintenance and disclosure of information pursuant to the Colorado Open Records Act. Such records or data may be in hardcopy, printed, digital or electronic format. 17. PARAGRAPH HEADINGS: The captions and headings set forth in this Agreement are for convenience only, and shall not be construed so as to define or limit the terms and provisions hereof. 18. SEVERABILITY: The Parties agree that if any part, term, or provision of this Agreement is held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 19. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS: All terms, conditions and covenants of this Agreement, (including any exhibits and attachments), which, by reasonable implication, contemplate continued performance or compliance beyond the expiration or termination of this Agreement (including confidentially), shall survive such expiration or termination and shall continue to be enforceable as provided herein. DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C 5 20. AGREEMENT AS COMPLETE INTEGRATION - AMENDMENTS: This Agreement is intended as the complete integration of all understandings between the Parties as to the subject matter of this Agreement. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendatory or other Agreement properly executed by the Parties. Amendments to this Agreement will become effective when approved by all Parties and executed in the same manner as this Agreement. This Agreement and any amendments shall be binding upon the Parties, their successors and assigns. 21. NO THIRD-PARTY BENEFICIARY: Enforcement of the terms of the Agreement and all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in the Agreement gives or allows any claim or right of action to any third person or entity. Any person or entity other than the Parties hereto receiving services or benefits pursuant to this Agreement is an incidental beneficiary only. 22. LEGAL AUTHORITY: a. Each Party assures and guarantees the others that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. b. The person signing and executing this Agreement on behalf of each Party represents that they have been fully authorized by their respective Party to execute this Agreement on its behalf and to validly and legally bind their respective Party to all the terms, performances and provisions of this Agreement. c. Each of the Parties shall have the right to either temporarily suspend or permanently terminate this Agreement, if there is a dispute as to the legal authority of the other Party or the person signing the Agreement on behalf of the other Party to enter into this Agreement. The suspending or terminating Party shall not be obligated to pay the other Party for any performance of the provisions of this Agreement after that Party has suspended or terminated this Agreement as provided in this Article. In the event of any such suspension or termination the remaining Party may elect to immediately terminate this Agreement. [balance of page intentionally left blank] DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C FOR THE CITY OF ENGLEWOOD ________________________________________ Linda Olson, Mayor Attest:____________________________________________ Stephanie Carlile, City Clerk FOR THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 ENGLEWOOD PUBLIC SCHOOLS BY:_____________________________________________ Caty Husbands (September 22, 2020) Title:___President, Englewood Board of Education_______ DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C I II III IV V VI Cafeteria (TEC and CFHS)$5.00 $8.00 $21.00 $30.00 Kitchen $3.00 $6.00 $13.00 $20.00 Classroom $2.00 $6.00 $13.00 $20.00 Library /IMC $3.00 $8.00 $20.00 $30.00 Multi-Purpose -Weight/Wrestling Room $3.00 $7.00 $17.00 $25.00 GYM (CFHSC)$6.00 $10.00 $25.00 $35.00 Field House $10.00 $20.00 $60.00 $90.00 Locker Rooms $3.00 $8.00 $20.00 $30.00 Commons/Cafeteria (Elementary)$3.00 $8.00 $20.00 $30.00 Auditorium Performance/ Meeting $14.00 $21.00 $50.00 $75.00 Auditorium Rehersal ONLY $6.00 $7.00 $17.00 $25.00 Music Rooms $2.00 $6.00 $15.00 $20.00 Grass Fields $6.00 $8.00 $20.00 $30.00 Stadium W/O Lights $50.00 $50.00 $85.00 $125.00 Stadium W/ Lights $50.00 $175.00 $175.00 $250.00 Custodial Fee (After Hours)$35.00 $35.00 $35.00 $35.00 Information Tables (Per Event)$10.00 $10.00 $10.00 $10.00 *Equipment Fee *per event*$0.00 $25.00 $100.00 $150.00 Tennis Courts $6.00 $8.00 $20.00 $35.00 NO FEE NO FEE Participation Rates Must Be Provided Upon Request for Verification NOTE: FEES ARE RATED PER HOUR ENGLEWOOD SCHOOLS RESERVES THE RIGHTS TO CHANGE THE RATES AND SCHEDULES AT ANYTIME. * Equipment fees are for gyms, Fieldhouses and Auditorium space rentals only. Englewood Schools Community Use of Facilities Rates PYS & All Groups in Categories III -V Must be Non-Profit Entities with Documentation Establishing Their Non-Profit Statue School Related Events School Affiliated Organization or Educational Groups Groups Serving Englewood Youth 65% or More Englewood Youth Groups Serving Youth 0-64% Englewood Youth Participation Profit Groups Adults and Youth AREAS OF USAGE Non-Profit Adult Groups and Englewood Parks and Recreation Adult Sports Attachment A: Rental RatesDocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C