HomeMy WebLinkAbout2016 Ordinance No. 025•
ORDINANCE NO. ;;£"
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 23
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY
COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE
PARK GATEWAY ENHANCEMENTS PHASE II.
WHEREAS, in November 2003, and November 2011, the voters of Arapahoe CoW1ty
approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space
FW1d and used for specified Open Space purposes as set for the in County Resolution No.
030381, amended by Resolution No. I 10637 (Open Space Resolution); and
WHEREAS, County Resolution No. 030381 authorized the CoW1ty to award grants to funds
from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to mWlicipalities; and
WHEREAS, the City of Englewood submitted an application for the award grants of funds
from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to mWlicipalities; and
WHEREAS, the City CoW1cil of the City of Englewood authorized the City's Arapahoe
County Open Space Grant Application for Englewood Parks Gateway Enhancements Phase II by
the passage of Resolution No. 38, 2016; and
WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space
Program Grant in the amount not to exceed $90,900 for the Englewood Parks Gateway
Enhancements Phase II ("Grant Project"); and
WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between
the Board of CoW1ty Commissioners of Arapahoe, State of Colorado for the Englewood Parks
Gateway Enhancements Phase II.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Grant Agreement between the City of Englewood,
Colorado and the Board of County Commissioners of Arapahoe, State of Colorado for the
Englewood Parks, attached as "Attachment l ", is hereby accepted and approved by the
Englewood City Council. A copy of Exhibit A to Attachment I (the Grant application) is
available in the Office of the Englewood City Clerk.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the
Intergovernmental Grant Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 5th day of July, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of
July, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of
July, 2016 for thirty (30) days.
Read by title and passed on final reading on the 18th day of July, 2016.
Published by title in the City's official newspaper as Ordinance No.~Series of 2016, on
the 21st day of July, 2016.
Published by title on the City's official website beginning on
July, 2016 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing iS,..iljPle copy of the Ordinance passed on final reading and published by
title as Ordinance No&, Series of 2016.
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INTERGOVERNMENTAL AGREEMENT REGARDING
2016 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS
PROJECT NAME: ENGLEWOOD PARKS GATEWAY ENHANCEMENTS PHASE II
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 "Grantee") (collectively,
"Parties" and individually a "Party").
WHEREAS, on November 4, 2003, and on November 1, 2011, the voters of Arapahoe
County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open
Space Fund and used for specified open space purposes as set forth in County Resolution No.
030381, as amended by Resolution No. 110637 (Open Space Resolution); and
WHEREAS, the Open Space Resolution authorizes the County to award discretionary
grants from its Open Space Fund to municipalities and special districts, as more fully set forth
therein; and
WHEREAS, on May 2S, 2016 the County approved the Grantee's Grant Proposal for the
Englewood Gateway Enhancements Phase II ("Grant Project"), which is attached hereto and
incorporated by reference herein as Exhibit A, subject to the execution of an intergovernmental
agreement and subject to the terms and conditions contained herein; and
WHEREAS, this intergovernmental agreement is authorized by Article XIV, Section 18
of the Colorado Constitution and COLO. REV. STAT.§ 29-1-203.
NOW, THEREFORE, the County and the Grantee agree as follows:
1. Amount of Grant. The County hereby awards Grantee an amount not to exceed
$90,900 ("Grant Funds") for the Grant Project from the Arapahoe County Open
Space Fund.
2. Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for
the Grant Project, as described in Exhibit A.
3. Disbursement of Grant Funds. Subsequent to execution of this Agreement, the
Grant Funds shall be paid via ACH transfer on a reimbursement basis upon
receipt of the approved status report and documentation of expenditures as
outlined in Paragraph 10 below and no more often than bi-annually. No more than
75% of the grant funds will be reimbursed prior to the Final Report approval. The
final 25% of grant funds will be reimbursed following the project inspection and
review and approval of the Final Report and project deliverables.
4. Time for Use of Grant Funds. The Grantee agrees that the Grant Project must
begin within 60 days of the award notification. The Grantee agrees that the Grant
Project will be completed and the Grant Funds will be expended by no later than
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two years from the date of this fully executed Agreement, unless a longer period
of time is otherwise agreed to by the County in writing. The Grantee understands
and agrees that if the Grant Project cannot be completed by the end of the agreed
upon time period the County may require that the Grant Funds be refunded to the
County Open Space Grant Fund, be re-distributed to another agency and/or be
used for another viable and timely grant project
Interest on Grant Funds. The Grantee further agrees that, after receipt of the
Grant Funds, the Grantee will use any interest earned on the Grant Funds only for
the Grant Project as set forth in Exhibit A .
Administration of Grant Project. The Grantee shall be responsible for the direct
supervision and administration of the Grant Project. The County shall not be
liable or responsible for any cost overruns on the Grant Project, nor shall the
County have any duty or obligation to provide any additional funding for the
Grant Project if the Grant Project cannot be completed with the awarded Grant
Funds. Grantee also agrees to comply with all local, state and federal
requirements while completing the Project unless specifically waived.
Grant Project Site Visits. Upon 24 hours written notice to the Grantee, the
Grantee agrees to allow the County to make site visits before, during, at the
completion of and/or after the Grant Project.
Acknowledgement of County by Grantee. The Grantee agrees to acknowledge
the County as a contributor to the Grant Project in all publications, news releases
and other publicity issued by the Grantee related to the Grant Project and agrees
to allow the County to do the same. If any events are planned in regards to the
Grant Project, the County shall be acknowledged as a contributor in the invitation
to such events. Grantee shall cooperate with the County in preparing public
information pieces, providing photos of the Grant Project from time to time, and
providing access to the Grant Project for publicity purposes. Event information,
event materials and press release information related to the Grant Project must be
sent to the County Grants Program Administrator for review and filing.
9. Required Sign at Project Site. The County agrees to purchase a standard sign for
each grant project. Grantee agrees to pay the sign cost to the County for each
grant project. Grantee agrees to erect and permanently maintain at least one sign
in a publicly visible area in recognition of the Grant from the Arapahoe County
Open Space Program. If the Grantee wishes to use their own sign and design, the
Grantee must submit the sign location, design, and wording to the County Grants
Program Administrator for approval prior to manufacture and/or installation of
such sign. Such sign shall be erected prior to the completion of the Grant Project
or its public opening, whichever is earlier.
10. Report Reguirements. On or before January 31st and July 31" annually, the
Grantee agrees to provide the County with Grant Project Progress Reports that
conform to the format provided by the County. Each Grant Project Progress
Report shall include supporting financial documentation as requested in the form
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provided. Upon completion of the Grant Project, the Grantee also agrees to submit
to the County a Final Report that conforms to the fonnat provided by the County;
a final spreadsheet comparing the original budget to actual expenses that certifies
Grant Funds used in compliance with the Open Space Resolution; and GIS data
with location and boundaries of the Grant Project. The Final Report shall also
include supporting financial documentation as requested in the County report
form and high resolution photographs of the progress and finished results of the
Grant Project The Grantee further agrees to provide the County with digital
copies of said photographs, delivered as separate high resolution jpcg images.
The Final Report shall be submitted within three (3) months of Grant Project
completion unless a longer period of time has been agreed to by the County in
writing. The County shall be allowed to use information and images from these
reports in publications, public information u~tes, and on the County's web site.
Failure to Submit Required Rmorts. Upon written notice from the County's Open
Space Grants Program Administrator, infonning the Grantee that it has failed to
submit any required status report and/or final report, the Grantee shall submit
such reports to the County through the County's Open Space Grants Program
Administrator within thirty (30) days, and, if it fails to do so, the Grantee shall be
deemed to he in violation this. Agreement punuant to Paragraph 15, below .
12. Record Keeping Requirements. The Grantee shall maintain a complete set of
books and records documenting its use of the Grant Funds and its supervision and
administration of the Grant Project. The County or any of its duly authorized
representatives shall have reasonable access to any books, documents, papers, and
records of the Grantee which arc pertinent to the Grant Project for the purpose of
making an audit, examination, or excerpts. The Grantee shall keep all books,
documents, papers, and records, which are pertinent to the Grant Project, for a
minimum of three years from the project completion date.
13. Changes to Grant Project. The Grantee agrees and understands that its Grant
Project, once it has been approved by the County, may not be changed without the
County's prior approval. Proposed changes must be formally requested using the
applicable Grant Project Modification Form provided by the County. Changes
may not begin until the County has issued an approval, which may also require
the execution of an amendment" to this Agreement.
14. Maintenance. Grantee agrees to assume responsibility for continuous long-tenn
maintenance and public safety of open space lands, trails, recreation facilities,
amenities, signage or other projects funded by the Grant Funds.
15. Failure to Comply and Reimbursement of Grant Funds. The Grantee understands
and agrees that the County may require the Grantee to reimburse the County if
any portion of the Grant Funds are not used in accordance with its approved Grant
Proposal and this Agreement. Failure to comply with the tenns of this Agreement
shall result in default and the Grantee shall be ineligible for any future Grant
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Funds until the violation is remedied or after such other time period as determined
by the County.
16 . Remedies. The rights and remedies of the County as set forth in this Agreement
shall not be exclusive and are in addition to any other rights or remedies provided
by law.
17. No Waiver of Rights. A waiver by either Party to this Agreement of the breach of
any tenn or provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach by either Party.
18. Relationship of the Parties. The Grantee shall perform all duties and obligations
under this Agreement as an independent contractor and shall not be deemed by
virtue of this Agreement to have entered into any partnership, joint venture,
employer/employee, or other relationship with the County.
19. No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any third party, including, but not limited
to, any agents or contractors of the Grantee.
"'" •&.u. Severability. Should· any one or mor~ • provisions · or ' ihis · Agn:cment' be ·
determined to be illegal or unenforceable, all other provisions nevertheless shall
remain effective; provided, 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.
21. Written Amendment Required. 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 Grantee .
22. Venue. 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.
23. Notices. Notices, as referred to in this Agreement, shall be sent to:
COUNTY: Board of County Commissioners of Arapahoe County
5334 South Prince Street
Littleton, Colorado 80120-1136
and
Arapahoe County Attorney
5334 South Prince Street
Littleton, Colorado 80120-1136
and
Arapahoe County Open Space Grants Program Administrator
6934 S Lima St, Unit A
Centennial, Colorado 80112
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GRANTEE:
City of Englewood
1155 W. Oxford Ave.
Englewood, CO 80110
24. A1-mlicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
25. Countemarts. This Agreement may be executed in multiple counterparts, each of
which will be deemed to be an original and all of which taken together will
constitute one and the same agreement.
26. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any
exhibits, applications, resolutions, or other documents referenced in this
Agreement shall be incorporated by reference into this Agreement for all
purposes.
27. Section Headings. The headings for any section of this Agreement are only for the
convenience and reference of the Parties and are. not intenrtr.d . in any way to
define, limit or describe the scope or intent of this Agreement.
28.
29.
Assignment. The rights, or any parts thereof, granted to the Parties herein may be
assigned only with the prior written consent of the non-assigning party.
Extent of 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.
30. Signatures. The signatories to this Agreement represent that they are fully
authorized to execute this Agreement and bind their respective entities.
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IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as
of the date set forth below.
DATED this ____ day of ________ 201_.
ATTEST:
By: __________ _
Name Loucrishia A. Ellis
Title City Clerk
ATTEST:
By: __________ _
Name
Title
GRANTEE:
By: ____________ _
Name Joe Jefferson
Title Mayor
COUNTY OF ARAPAHOE
STATE OF COLORADO
By: ____________ _
Shannon Carter, Director, Intergovernmental
Relations and Open Spaces
Pursuant to Resolution No. 160097
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
July 18, 2016 9bi Bill for Ordinance
authorizing an IGA for
Arapahoe County Open
Space grant award for
Park Gateway
Enhancements, Phase II -
2nd Reading
Initiated By: Staff Source:
Department of Parks, Recreation and Dorothy Hargrove, Director of Parks,
Library Recreation & Library
PREVIOUS COUNCIL ACTION
Council previously approved Resolution #38, Series of 2016 on February 1, 2016
supporting the City's grant application to Arapahoe County Open Space for Park
Gateway Enhancements, Phase II.
RECOMMENDED ACTION
The Parks, Recreation and Library Department recommends approval of an ordinance,
on second reading, authorizing an intergovernmental agreement between the City of
Englewood and Arapahoe County for the Arapahoe County Open Space grant award in
the amount of $90,900 for Park Gateway Enhancements, Phase II.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Arapahoe County Open Space notified the City of Englewood on May 25, 2016 that the
Parks Gateway Enhancements Phase II grant was approved. The Parks Gateway
Enhancements Phase II project will provide for long overdue replacements of 8 signs,
many of which are over 50 years old, with more modern, branded designs accompanied
by improved landscaping. Completion of Phase II of this project will ensure that all City
of Englewood park facilities will have the same, updated signs , improving visibility for
guests and enhancing the image of the City.
FINANCIAL IMPACT
The Arapahoe County Open Space grant of $90,900 requires a cash match of $30,300.
This amount is budgeted in the 2016 Open Space Fund which is supported entirely
through Arapahoe County Shareback Funds.
LIST OF ATTACHMENTS
Attachment 1, Proposed Ordinance
Letter, ACOS Grant Award
May24.20:6
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I lSS We,t OiJord :\ve.mie
f:n&kwood, l.'O 110120
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rll!il1~--CV-lr.r, &IL,IOI
Re T:.ngl,,wuml P.irk, Ci..tew11y r,nh.ancr:menl• Pho.~ n S1and,ut! Orunt
TIii! An.,puhc"' Cou.nly Open SpaL"e Grunt P:ugrum i• plc11.,c:<J tu tnfurm !hi:' City of tilJ,11l<:wood that UIC S11mq:
ZOl6 Engltllltlnd Patl:s G.lle\113)" l!r,l1aru::n11:nl• Plui.,c n Slalnwml Clr.tnl llJll1lic:Ali\1n lnio been tiri:'(m.:d for
lundlna in die amounc o! S90.90U.
r11 th<: 11Q;f ii:w <b.Y1 you will n:i:lllvo III em.'11 coatamJnih1:m11ctl0111 am! 11ut mp; II) FJll"Cstl11g the pzoject
llWllnl
We 1ooll: fC.IW~ CD wo;l.:llJ& \\iUl yoo hi malclll9, this project ii re.ili:y!
Sin<:m:ly,
iffffl~
t.mti.:y }1illec
Or.ant, P1up-4m Adminiw4lor
A 12)\;lhoe r:nu,uy Oper. sc,:ire,
'/20-ll74-6724
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
July 5 , 2016 11ai Bill for Ordinance
authorizing an IGA for
Arapahoe County Open
Space grant award for
Park Gateway
Enhancements , Phase II
Initiated By: Staff Source:
Department of Parks, Recreation and Dave Lee, Open Space Manager
Library
PREVIOUS COUNCIL ACTION
Council previously approved Resolution #38, Series of 2016 on February 1, 2016
supporting the City's grant application to Arapahoe County Open Space for Park
Gateway Enhancements, Phase II.
RECOMMENDED ACTION
The Parks, Recreation and Library Department recommends approval of an ordinance
authorizing an intergovernmental agreement between the City of Englewood and
Arapahoe County for the Arapahoe County Open Space grant award in the amount of
$90,900 for Park Gateway Enhancements, Phase II.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Arapahoe County Open Space notified the City of Englewood on May 25, 2016 that the
Parks Gateway Enhancements Phase II grant was approved. The Parks Gateway
Enhancements Phase II project will provide for long overdue replacements of 8 signs ,
many of which are over 50 years old, with more modern, branded designs accompanied
by improved landscaping. Completion of Phase II of this project will ensure that all City
of Englewood park facilities will have the same, updated signs, improving visibility for
guests and enhancing the image of the City.
FINANCIAL IMPACT
The Arapahoe County Open Space grant of $90,900 requires a cash match of $30,300.
This amount is budgeted in the 2016 Open Space Fund which is supported entirely
through Arapahoe County Shareback Funds.
LIST OF ATTACHMENTS
Attachment 1, Proposed Ordinance
Letter, ACOS Grant Award
ay 24, 2016
City of Englewood
Dave Lee
1155 West Oxford Avenue
Englewood, CO 80110
ARAPAHOE COUNTY
F'-'OTECT, C ONtJECT, EtlJOY,
Re: Englewood Parks Gateway Enhancements Phase II Standard Grant
Dear Dave,
Shannon Carter I C:il ~ :to•
The Arapahoe County Open Space Grant Program is pleased to inform the City of Englewood that the Spring
2016 Englewood Parks Gateway Enhancements Phase II Standard Grant application has been approved for
funding in the amount of $90,900.
In the next few days you will receive an email containing instructions and next steps to processing the project
award.
We look forward to working with you in making this project a reality!
Sincerely,
Lindsey Miller
Grants Program Administrator
Arapahoe County Open Spaces
720-8 7 4-6724
lmiller@arapahoegov.com
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