HomeMy WebLinkAbout2019 Ordinance No. 023ORDINANCE NO. 23
SERIES OF 2019
BY AUTHORITY
COUNCIL BILL NO. 19
INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT TO PARTICIPATE IN THE SOUTH PLATTE
RIVER IMPROVEMENTS PROJECT IN ARAPAHOE COUNTY,
MANAGED BY THE URBAN DRAINAGE AND FLOOD
CONTROL DISTRICT AND TITLED "AGREEMENT
REGARDING A RIVER IMPROVEMENT IMPLEMENTATION
PLAN FOR THE SOUTH PLATTE RIVER IN ARAPAHOE
COUNTY" REGARDING THE FINAL DESIGN OF
IMPROVEMENTS TO THE RIVER CORRIDOR BETWEEN
DARTMOUTH AVENUE ON THE NORTH AND BREWERY
LANE TO THE SOUTH, PURSUANT TO AGREEMENT NO. 18-
11.01 BETWEEN THE CITY OF ENGLEWOOD, THE URBAN
DRAINAGE AND FLOOD CONTROL DISTRICT, ARAPAHOE
COUNTY OPEN SPACE, THE CITY OF SHERIDAN, THE SOUTH
SUBURBAN PARKS AND RECREATION DISTRICT AND CITY
OF LITTLETON.
WHEREAS, the purpose of this Intergovernmental Agreement (''IGA") is the
creation of final design improvements ("Project") to the South Platte River Corridor from
roughly Dartmouth A venue in Englewood to Brewery Lane in Littleton;
WHEREAS, the IGA defines the financial commitments and responsibilities of the
Urban Drainage and Flood Control District, Arapahoe County Open Space, South
Suburban Parks and Recreation District, City of Englewood, City of Sheridan and City of
Littleton, collectively known as "Parties" regarding maintenance of the project;
WHEREAS, the IGA outlines the implementation strategy for the final design
improvements for the South Platte River between Dartmouth A venue and Brewery Lane
with the goal of promoting a healthy river in an attractive setting which creates a quality
recreational experience;
WHEREAS, in the Urban Drainage and Flood Control District "(District") in 1970
and 1973 expressed an intent to assist public bodies which have heretofore enacted
floodplain regulation measures;
WHEREAS, in 1985 the Parties participated in a joint planning study titled "Major
Drainage way Planning South Platte River, Chatfield Basin to Baseline Road" by Wright
Water Engineers;
WHEREAS, in 2018 the District adopted, after public hearing, a "Five-Year Capital
Improvement Program" for drainage and flood control facilities in the Project was
included in the 2019 calendar year;
WHEREAS, the District, in 2018, also adopted a Special Revenue Fund Budget for
calendar year 2019 subsequent to a public hearing, which included funds for the Project;
WHEREAS, the District's Board of Directors reviewed and authorized expenditures
for the 2019 work program associated with the Project;
WHEREAS, the Englewood City Council approved Resolution No. 89, Series of
2010, in support of the City's Arapahoe County Open Space ("ACOS") grant application
for the Riverside Park Planning grant;
WHEREAS, the Englewood City Council approved Ordinance No. 38, Series of
2011 authorizing an intergovernmental agreement accepting the 2010 Riverside Park
Planning grant between Arapahoe County and the City;
WHEREAS, the Englewood City Council approved Ordinance No. 50, Series of
2014 authorizing an intergovernmental agreement regarding the construction of drainage
and flood control improvements for the South Platte River at Oxford A venue between the
Urban Drainage and Flood Control District, the Colorado Water Conservation Board, and
Arapahoe County, by the addition of the City of Englewood, City of Sheridan and the
South Suburban Parks and Recreation District as participants;
WHEREAS, the Englewood City Council approved Resolution No. 6, Series of 2015
authorizing the City's Arapahoe County Open Space grant application for the
construction of the River Run Trail head Phase I;
WHEREAS, the Englewood City Council approved Ordinance No. 27, Series of
2015, authorizing a intergovernmental agreement with Arapahoe County for the
acceptance and use of Open Space grant funding in the amount of $300,000 for the
construction of the River Run Trailhead Phase I;
WHEREAS, the Englewood City Council approved Resolution No. 87, Series 2015,
authorizing the City's Arapahoe County Open Space grant application for the
construction of the River Run Trail head Phase II;
WHEREAS, the Englewood City council approved Ordinance No. 44, Series of
2017, approving an amendment to the Agreement Regarding Construction of Drainage
and Flood Control Improvements, Agreement 11-07.25F, between the City of Englewood,
the Urban Drainage and Flood Control District, Arapahoe County, the City of Sheridan
and the South Suburban parks and Recreation District;
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WHEREAS, the passage of this proposed ordinance approves an Intergovernmental
Agreement entitled "Agreement Regarding a River Improvement Implementation Plan for
the South Platte River in Arapahoe County";
WHEREAS, the Parties now desire to add additional funding for the creation of the
final design improvements of the project; and
WHEREAS, the City of Englewood's percentage is $30,000.00 as set forth in the
Intergovernmental Agreement, attached hereto as Exhibit A.
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
an Intergovernmental Agreement to participate in the South Platte River Improvements
Project in Arapahoe County, managed by the Urban Drainage and Flood Control District
and titled "Agreement Regarding a River Improvement Implementation Plan for the
South Platte River in Arapahoe County" regarding the final design of improvements to
the river corridor between Dartmouth A venue on the North and Brewery Lane to the
South, pursuant to Agreement No. 18-11.01 between the City of Englewood, the Urban
Drainage and Flood Control District, Arapahoe County Open Space, the City of Sheridan,
the South Suburban Parks and Recreation District and City of Littleton, attached hereto as
Exhibit A.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the
"Agreement Regarding a River Improvement Implementation Plan for the South Platte
River in Arapahoe County No. 18-11.01, 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.
Englewood funds are from Open Space Shareback funds.
Introduced, read in full, and passed on first reading on the 6th day of May, 2019.
Published by Title as a Bill for an Ordinance in the City's official newspaper on
the 9th day of May, 2019.
Published as a Bill for an Ordinance on the City's official website beginning on
the 8th day of May, 2019 for thirty (30) days.
Read by Title and passed on final reading on the 20th day of May, 2019.
Published by Title in the City's official newspaper as Ordinance No. 23, Series of
2019, on the 23 rd day of May, 2019.
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Published by title on the City's official website beginning on the 22nd day of May,
2019 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Linda Olson, Mayor
ATTEST:
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. 23, Series of 2019.
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AGREEMENT REGARDING A
RIVER IMROVEMENT IMPLEMENTATION PLAN FOR
THE SOUTH PLA TIE RIVER IN ARAPAHOE COUNTY
Agreement No. 18-1 1.01
ProjectNo. 107361
THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL
DISTRICT (hereinafter called "DISTRICT"), ARAPAHOE COUNTY OPEN SPACE (hereinafter called
"ARAPAHOE"), SOUTH SUBURBAN PARKS AND RECREATION DISTRICT (hereinafter called
"SSPRD"), CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD11), CITY OF SHERIDAN
(hereinafter called "SHERIDAN"), and CITY OF LITTLETON (hereinafter called "LITTLETON") and
collectively known as "PARTIES";
WITNESSETH:
WHEREAS, 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 regulation measures; and
WHEREAS, PARTIES participated in a joint planning study titled 11 Major Drainageway Planning
South Platte River, Chatfield Basin to Baseline Road" by Wright Water Engineers, dated November 1985
(hereinafter called "PLAN"); and
WHEREAS, PARTIES now desire to proceed with the development of an implementation plan for
the South Platte River Improvements in Arapahoe County (hereinafter called "PROJECT"); and
WHEREAS, DISTRICT has adopted at a public hearing a Five~Year Capital Improvement
Program (Resolution No. 67, Series of2018) for drainage and flood control facilities in which PROJECT
was included in the 2019 calendar year; and
WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year
2019 subsequent to public hearing (Resolution No. 64, Series of 2018) which includes funds for
PROJECT; and
WHEREAS, DISTRICT's Board of Directors reviewed and authorized expenditures for the 2019
Work Program (Resolution No. 66, Series of2018); and
WHEREAS, the County Commissioners of ARAPAHOE, the City Councils of ENGLEWOOD,
SHERIDAN, and LITTLETON, and the Board of Directors of SSPRD and 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. SCOPE OF THIS AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to·PRGJECT.
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2. SCOPE OF PROJECT
PROJECT shall include the final design of.improvements in accordance with the recommendations
defined in PLAN . Specifically, the final design of facilities shall ex.tend from approximately
Dartmouth to Brewery Lane, as shown on Exhibit A.
3. PUBLIC NECESSITY
PARTIES agree that the work performed pursuant to this Agreement is necessary for the health,
safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit
to the inhabitants of PAR TIES and to their property therein.
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 final design services.
B. It is understood that PROJECT costs as defined above are not to exceed $250,000 without
amendment to this Agreement.
C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party
shall be:
Percentage Maximum
Share Contribution
DISTRICT 2.00%* $ 5,000
ARAPAHOE 50.00% $125,000
SSPRD 12.00% $ 30,000
ENGLEWOOD 12.00% $ 30,000
SHERIDAN 12.00% $ 30,000
LITTLETON 12.00% $ 30,000
TOTAL 100.00% $250,000
* DISTRICT funded $100,000 of initial design work in 2018.
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 of2009), 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 1s full share (ARAPAHOE-$125,000; (SSPRD-$30,000); (ENGLEWOOD
-$30,000); (SHERIDAN -$30,000); (LITTLETON -$30,000); DISTRICT -$5,000) 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
shalt provide a periodic accounting of PROJECT funds as well as a periodic notification to
ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON of any unpaid obligations.
Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund
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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 ARAPAHOE,
SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON's request, ARAPAHOE, SSPRD,
ENGLEWOOD, SHERIDAN, and LITTLETON's share of remaining monies shall be transferred
to another special fund held by DISTRICT.
FINAL DESIGN
The contracting officers for PAR TIES, as defined under Paragraph 13 of this Agreement, shall
select an engineer mutually agreeable to both PARTIES. DISTRICT shall contract with selected
engineer and shall supervise and coordinate the final design including right-of-way delineation
subject to approval of the contracting officer for ARAPAHOE, SSPRD, ENGLEWOOD,
SHERIDAN, and LITTLETON. Payment for final design services shall be made by DISTRICT as
the work progresses from the PROJECT fund established as set forth above.
Final design services shall consist of, but not be limited to, the following:
A. Preparation of a work plan schedule identifying the timing of major elements in the design;
B. Delineation of required right-of-way/easements;
C. Preparation of detailed construction plans and specifications;
D. Preparation of an estimate of probable construction costs of the work covered by the plans
and specifications;
E. Preparation of an appropriate construction schedule.
DISTRICT shall provide any written work product by the engineer to ARAPAHOE, SSPRD,
ENGLEWOOD, SHERIDAN, and !,JTTLETON.
FLOODPLAIN REGULATION
ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON agrees to regulate and
control the floodplain of the South Platte River within ARAPAHOE, SSPRD, ENGLEWOOD,
SHERIDAN, and LITTLETON in the manner prescribed by the National Flood Insurance Program
and prescribed regulations thereto as a minimum.
PARTIES understand and agree, however, that ARAPAHOE, SSPRD, ENGLEWOOD,
SHERIDAN, and LITTLETON cannot obligate itself by contract to exercise its police powers . If
ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON fail to regulate the
floodplain of the South Platte River within ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN,
and LITTLETON in the manner prescribed by the National Flood Insurance Program and
prescribed regulations thereto as a minimum, DISTRICT may exercise its power to do so, and
ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON shall cooperate fully.
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11. TERM OF AGREEMENT
Despite the date that this Agreement is signed by PARTIES, the term of this Agreement shall
commence upon the earlier of the date of final execution by all PARTIES or December 31 of the
year that it is tendered to ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON
for execution and shall terminate three (3) years after the final payment is made to the construction
contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES
pursuant to Paragraph 5 herein.
12. LIABILITY
Each party hereto shall be responsible for any suits, demands, costs, or actions at law resulting
from its own acts or omissions ·and may insure against such possibilities as appropriate.
13. CONTRACTING OFFICERS
A. The contracting officer for ARAPAHOE shall be the Director, Open Space and
Intergovernmental Relations, 6924 South Lima Street, CenteMial, Colorado 80112.
B. The contracting officer for SSPRD shall be the Executive Director, 6631 South University
Boulevard, Centennial, Colorado 80121.
C. The contracting officer for ENGLEWOOD shall be the Capital Projects Administrator, 1000
Englewood Parkway, Englewood, Colorado 80110.
D. The contracting officer for SHERIDAN shall be the City Manager, 4101 South Federal
Boulevard, Sheridan, Colorado 80110.
E. The contracting officer for LITTLETON shall be the Public Works Director, 2255 West
Berry Avenue, Littleton, Colorado 80120.
F. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th
Avenue, Suite 156B, Denver, Colorado 80211.
G. The contracting officers for PARTIES each agree to designate and assign a PROJECT ..
representative to act on the behalf of said PARTIES in all matters related to PROJECT
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undertaken pursuant to this Agreement. Each representative shall coordinate all
PROJECT-related issues between PAR TIES, shall attend all progress meetings, and shall be
responsible for providing all available PROJECT-related file information to the engineer
upon request by DISTRICT or ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, AND
LITTLETON. Said representatives shall have the authority for all approvals, authorizations,
notices, or concurrences required under this Agreement. However, in regard to any
amendments or addenda to this Agreement, said representative shall be responsible to
promptly obtain the approval of the proper authority.
14. RESPONSIBILITIES OF PARTIES
DISTRICT shall be responsible for coordinating with ARAPAHOE, SSPRD, ENGLEWOOD,
SHERIDAN, and LITTLETON the information developed by the various consultants hired by
DISTRICT and for obtaining all concurrences from ARAPAHOE, SSPRD, ENGLEWOOD,
SHERIDAN, and LITTLETON needed to complete PROJECT in a timely manner. ARAPAHOE,
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SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON agrees to review all concept plans,
preliminary design plans, and final plans and specifications; and to provide comments within 21
calendar days after the drafts have been provided by DISTRICT to ARAPAHOE, SSPRD,
ENGLEWOOD, SHERIDAN, AND LITTLETON.
15. AMENDMENTS
This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments
to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding.
16. SEVERABILITY
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a
court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable
clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or
provisions shall be given full force and effect.
17. APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State
of Colorado and venue for the same shall lie in the ARAPAHOE, SSPRD, ENGLEWOOD,
SHERIDAN, and LITTLETON where PROJECT is located.
18. ASSIGNABILITY
No party to this Agreement shall assign or transfer any of its rights or obligations hereunder
without the prior written consent of the nonassigning party or parties to this Agreement.
19. BINDING EFFECT
The provisions of this Agreement shall bind and shall inure to the benefit of PAR TIES hereto and
to their respective successors and permitted assigns.
20. ENFORCEABILITY
PARTIES hereto agree and acknoV.:tedge that this Agreement may be enforced in law or in equity,
by decree of specific performance or damages, or such other legal or equitable relief as may be
available subject to the provisions of the laws of the State of Colorado.
21. TERMINATION OF AGREEMENT
This Agreement may be terminated upon thirty (30) days' written notice by any party to this
Agreement, but only if there are no contingent, outstanding contracts. Ifthere are contingent,
outstanding contracts, this Agreement may only be terminated upon the cancellation of all
contingent, outstanding contracts. All costs associated with the cancellation of the contingent
contracts shall be shared between PARTIES in the same ratio(s) as were their contributions.
22. PUBLIC RELATIONS
It shall be at ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON's sole
discretion to initiate and to carry out any public relations program to inform the residents in
PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical
information shall be presented to the public by the selected engineer. In any event DISTRICT shall
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have no responsibility for a public relations program, but shall assist ARAPAHOE, SSPRD,
ENGLEWOOD, SHERIDAN, and LITTLETON as needed and appropriate.
23. NO DISCRIMINATION IN EMPLOYMENT
In coMection with the performance of work under this Agreement, PAR TIES agree not to refuse to
hire, discharge, promote or demote, or to discriminate in matters of compensation against any
person otherwise qualified because ofrace, color, ancestry, creed, religion, national origin, gender,
age, military status, sexual orientation, marital status, or physical or mental disability and further
agree to insert the foregoing provision in all subcontracts hereunder.
24. APPROPRIATIONS
Notwithstanding any other term, condition, or provision herein, each and every obligation of
ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON and/or DISTRICT stated
in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the
appropriate governing body of ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, AND
LITTLETON and/or DISTRICT.
25. NO THIRD PARTY BENEFICIARIES
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or thfrd person on such Agreement. It is the express intention of PARTIES that
any person or party other than any one of PAR TIES receiving services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
26. ILLEGAL ALIENS
PARTIES agree that any public contract for services executed as a result of this intergovernmental
agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-101 C.R.S. et
seq. The following language shall be included in any contract for public services:
A. At the time of execution of this Agreement, CONTRACTOR does not knowingly employ or
contract with an illegal alien who will perform work under this Agreement.
B. CONTRACTOR shall participate in the E-Verify Program, as defined in § 8 17.5-101 (3. 7),
C.R.S., to confirm the employment eligibility of all employees who are newly hired for
employment to perform work under this Agreement.
C. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement.
D. CONTRACTOR shall not enter into a contractor with a subconsultant or subcontractor that
fails to certify to CONTRACTOR that it shall not knowingly employ or contact with an
illegal alien to perform work under this Agreement.
E. CONTRACTOR shall confirm the employment eligibility of all employees who are newly
hired for employment to perform work under this Agreement through participation in the E-
Verify Program.
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F. CONTRACTOR is prohibited from using the E-Verify Program procedures to undertake
pre-employment screening of job applicants while performing its obligation under this
Agreement, and that otherwise requires CONTRACTOR to comply with any and all federal
requirements related to use of the E-Verify Program including, by way of example, all
program requirements related to employee notification and preservation of employee rights.
G. If CONTRACTOR obtains actual knowledge that a subconsultant or subcontracctor
performing work under this Agreement knowingly employs or contract with an illegal alien,
it will notify such subconsultant or subcontractor and PARTIES within three (3) days. .
CONTRACTOR shall also then terminate such subconsultant or subcontractor if within three
(3) days after such notice the subconsultant or subcontractor does not stop employing or
contracting with the illegal alien, unless during such three (3) day period the subconsultant
or subcontractor provides information to establish that the subconsultant or subcontractor has
not knowingly employed or contracted with an illegal alien.
H. CONTRACTOR shall comply with any reasonable request made in the course of an
investigation by the Colorado Department of Labor and Employment under authority of§ 8-
17.5-102(5), C.R.S.
I. CONTRACTOR shall, within twenty days after hiring an employee who is newly hired for
employment to perform work under this Agreement, affirms that it has examined the legal
work status of such employees, retained file copies of the documents required by 8 U.S.C.
Section 1324a, and not altered or falsified the identification documents for such employees.
CONTRACTOR shall provide a written, notarized copy of the affirmation to PARTIES.
27. GOVERNMENTAL IMMUNITIES
PAR TIES hereto intend that nothing herein shall be deemed or construed as a waiver by any party
of any rights, limitations, or protections afforded to them under the Colorado Governmental
Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or otherwise available at
law or equity.
28. lNTENT OF AGREEMENT
Except as otherwise stated herein, this Agreement is intended to describe the rights and
responsibilities of and between PAR TIES and is not intended to and shall not be deemed to confer
rights upon any person or entities not named as PARTIES, nor to limit in any way the powers and
responsibilities of the ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, AND LITTLETON,
DISTRICT or any other entity not a party hereto.
29. EXECUTION lN COUNTERPARTS -ELECTRONIC SIGNATURES
This Agreement, and all subsequent documents requiring the signatures of PARTIES to this
Agreement, may be executed in two or more counterparts, each of which shall be deemed an
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original, but all of which shall constitute one and the same instrument. PARTIES approve the use
of electronic signatures for execution of this Agreement, and all subsequent documents requiring
the signatures of PARTIES to this Agreement. Only the following two forms of electronic
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signatures shall be pennitted to bind PARTIES to this Agreement, and all subsequent documents
requiring the signatures of PARTIES to this Agreement.
A. Electronic or facsimile delivery of a fully executed copy of a signature page; or
B. The image of the signature of an authorized signer inserted onto PDF fonnat documents.
Documents requiring notarization may also be notarized by electronic signature, as provided
above. All use of electronic signatures shall be governed by the Unifonn Electronic Transactions
Act, CRS §§ 24-71.3-101 to-121.
WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year written below.
Checked By
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URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ____________ _
Name Ken A. MacKenzie
Title Executive Director
Date ____________ _
For the Board of County Commissioners
ARAPAHOE COUNTY
By _________________ _
Authorization pursuant to Resolution ___ _
Title Director, Open Space and Intergovernmental Relations
Date ________________ _
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SOUTHSUBURBANPARKSAND
RECREATION DISTRICT
By ___________ _
N~e __________ _
Title __________ _
Date. ___________ _
CITY OF ENGLEWOOD
By ___________ _
N~e __________ _
Title ___________ _
Date ___________ _
u
CITY OF SHERIDAN
By ____________ _
Name ___________ _
Title ___________ _
Date, ___________ _
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CITY OF LITTLETON
By. ___________ _
N~e. __________ _
Title. __________ _
Date, ___________ _
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AGREEMENT REGARDING A
RIVER IMROVEMENT IMPLEMENTATION PLAN FOR
THE SOUTH PLATTE RIVER IN ARAPAHOE COUNTY
Agreement No.18-11.01
Project No. 107361
Exhibit A
N
-Project Limits
,,-.
.;.,1 Floodplain ¢ ... .--► Flow Direction A_