HomeMy WebLinkAbout2013 Ordinance No. 014•
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ORDINANCE NO.Ii
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO . 12
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT WITH
ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 FOR AP ARTNERSHIP ON
GYMNASIUMS LOCATED AT THE NEW COLORADO'S FINEST ALTERNATIVE HIGH
SCHOOL.
WHEREAS, the City of Englewood has been working with Arapahoe County School District
No. 1 throughout its renovation of the new high school and middle school campus; and
WHEREAS, the scope of the project includes improvements and upgrades to the existing floors,
walls, ceilings and replacement of athletic equipment (scoreboard, backstop, bleachers, benches,
volleyball post/net and badminton upright and net), HV AC (heating, ventilation and cooling) and
fire systems will also be replaced in both gymnasiums which is not part of the cost but was
included in the original scope of work funded by the BEST grant; and
·WHEREAS, the City of Englewood will contribute $100,000; and
WHEREAS, for participation in the renovation cost of the facilities, fees and charges will be
waived for the City; and
WHEREAS, during non-school hours, the City of Englewood and the Department of Parks and
Recreation will receive first priority for use of the gymnasiums.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby approves the
Intergovernmental Agreement with Arapahoe County School District No. 1 for a partnership to
develop gymnasiums located at the New Colorado 's Finest Alternative High School, attached
hereto as "Exhibit A".
Section 2. The Englewood City Council hereby authorizes the Mayor to sign the agreement for
and on behalf of the City of Englewood, attached hereto as Exhibit A.
Introduced, read in full, and passed on first reading on the 15th day of April, 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 19 th day of
April, 2013 .
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Published as a Bill for an Ordinance on the City's official website beginning on the 17th day of •
April, 2013 for thirty (30) days.
Read by title and passed on final reading on the 6th day of May, 2013.
Published by title in the City's official newspaper as Ordinance No. l!f, Series of 2013, on
the 10th day of May, 2013 .
Published by title on the City's official website beginning on the 8th day of
May, 2013 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is '} JT.e copy of the Ordinance passed on final reading and published by
title as Ordinance No. J.+, Series of 2013.
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AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
THE ARAPAHOE COUNT SCHOOL DISTRlCT NO. 1
This agreement, entered into this __ day of _____ , 2013 , by and between the CITY
OF ENGLEWOOD , a Colorado Home Rule Municipality (herein called "City") and the
ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 (herein called "School District").
WHEREAS, the City and the School District consider it to be in their mutual interest to
cooperate in the renovation of the two (2) gymnasiums at the New Colorado's Finest Alternative
High School located at 300 West Chenango Street, Englewood, CO; and
WHEREAS, the City and the School District desire to set forth their respective obligations; and
WHEREAS , the City and the School District desire to set forth their respective duties .
SECTION ONE
PURPOSE
The purpose of this agreement is to establish a relationship between the City of Englewood and
the Arapahoe County School District No. 1 such that the parties may cooperate in renovating the
two (2) gymnasiums at the New Colorado's Finest Alternative High School.
SECTION TWO
CITY'S OBLIGATIONS
The City shall have the following obligations with respect to the School District renovating the
two (2) gymnasiums at the New Colorado's Finest Alternative High School:
1. The City will contribute $100 ,000 to the renovation of the North and South Gyms at
the New Colorado's Finest Alternative High School.
SECTION THREE
SCHOOL DISTRICT OBLIGATIONS
The School District shall have the following obligations with respect to the City of Englewood
and the gymnasiums at the New Colorado's Finest Alternative High School.
1. The School District shall be responsible for utility costs.
2 . The School District shall be responsible for completing the improvements to the
gymnasiums .
3. School District will employ, manage and direct the Contractor for the project.
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4. The City of Englewood shall receive first (1st) priority use of the gymnasiums
after the School District. The Project shall include those items listed on attached
Exhibit A.
5 . The City of Englewood will not be assessed any fees or charges for the use of the
North and South Gymnasiums . All requests for gymnasium use must be approved by
the School District.
SECTION FOUR
MISCELLANEOUS
1. The term of this Agreement shall begin on the date of the City Council approval
(the "effective date"), as evidenced by the date first written above and shall continue
for twenty-five (25 ) years subject to annual appropriations by both parties.
2 . The terms and conditions of this Agreement shall be binding upon the parties unless
modified b y a written amendment or written supplement executed by the parties
hereto.
3 . This Agreement shall inure to the benefit of and be binding upon the parties, their
successors, and assigns.
4 . This Agreement is intended as the complete integration of all understandings
between the parties . No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or affect whatsoever, unless embodied herein
by writing. No subsequent notation, renewal , addition, deletion, or other amendment
hereto shall have any force or effect unless embodied in a written amendment or
written supplement executed by the parties .
5 . To the extent that this Agreement may be executed and performance of the
obligations of the parties may be accomplished within the intent of the Agreement,
the terms of this Agreement are severable, and should any term or provision hereof
be declared invalid or become inoperative for any reason, such invalidity or failure
shall not affect the validity of any other term or provision hereof. The waiver of any
brea ch of a term hereof shall not be construed as a waiver of any other term, or the
same term upon subsequent breach.
6 . 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 the City and the School District, and nothing contained in this Agreement
shall give or allow any such claim or right of action by any other or third person on
such Agreement. It is the express intention of the City and the School District that
any person other than the City or the School District receiving services or benefits
under this Agreement shall be deemed to be an incidental beneficiary only .
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7. Each party represents and warrants that it has taken all actions that are necessary or
that are required by its procedures, bylaws, or applicable law, to legally authorize the
undersigned signatory to execute this Agreement on behalf of the party and to bind
the party to its terms .
8. The School District shall maintain all books, documents, papers, accounting records
and other evidence pertaining to costs incurred and other performance hereunder and
make such materials available for inspection to at all reasonable times to the City
during the period of the Agreement. On request, copies of such records shall be
furnished to the City for the City's permanent records.
9. The City and the School District will establish safeguards to prohibit its employees,
agents , or servants from using the Agreement for any purpose which causes or lends
itself to create an appearance of impropriety. Said employees, agents or servants
shall not seek any personal benefits or private gain for themselves, their families , or
others .
10 . The parties shall not assign or transfer its interest in the Agreement without the
written consent of the other party. Any unauthorized assignment or transfer shall
render the agreement null , void and of not effect.
11. Any notice to be given hereunder shall be deemed given when sent by registered or
certified mail to the addresses below .
Englewood School District
4101 South Bannock Street
Englewood, Colorado 80110
City Manager
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
12 . Nothing herein shall be construed as creating any personal liability on the part of any
officer or agent of any public body which may be party hereto.
13. The City and the School District as well as the employees and agents of each entity
shall be considered for all purposes of the Agreement , to be independent contractors
and not employees of the other entity .
14. The Agreement shall be carried out in accordance with the laws of the State of
Colorado and all applicable federal laws and regulations , and all local laws,
ordinances and regulations .
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first written above.
ATTEST:
Loucrishia A. Ellis, City Clerk
ATTEST:
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CITY OF ENGLEWOOD
Randy P. Penn, Mayor
ARAPAHOE COUNTY SCHOOL
DISTRICT NO. 1
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 15, 201 3 9 a ii Intergovernmental Agreement
with Englewood School
District #1 for partnership on
Colorado's Finest Alternative
High School Gymnasium
Initiated By: Staff Source:
Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
A City that provides diverse cultural, recreational and entertainment opportunities. A progressive City that
provides responsive and cost efficient services.
The City and Englewood School District No. 1 have worked cooperatively on a number of partnerships
throughout the years:
Ordinance #57, Series of 2012 -Intergovernmental Agreement establishing a refunding of building use tax
for Englewood School District No. 1, Arapahoe County 7-12 Campus Project (Schools).
Ordinance #35, Series of 1978 -Intergovernmental agreement between the City of Englewood and
Englewood Schools for the lease of Duncan School/property for park and recreational purposes .
Council Bill No. 41, Series of 2007 -Contract for Deed for the purchase of Duncan Park located at 4846
South Pennsylvania Street between the City of Englewood and Arapahoe County School District No. 1
(Englewood Schools)
Ordinance No.12-87 -Intergovernmental Agreement outlining cost sharing for maintenance on the
Hosanna Athletic Complex (Detention Facility for Little Dry Creek)
Ordinance No.38, Series 2005 -Intergovernmental Agreement approving multi-use recreation facility
Sinclair Middle School defining joint responsibility between City of Englewood and Englewood School
District No. 1
RECOMMENDED ACTION
Staff recommends that City Council adopt a bill for an ordinance approving an Intergovernmental
Agreement with Englewood School District #1 for a partnership for development and usage of gymnasiums
at the New Colorado's Finest Alternative High School.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood has been working with Englewood School District No. 1 throughout its renovation
of the new high school and middle school campus. Since the inception for programming of recreational
programs, the Department of Parks and Recreation and Englewood School District No. 1 has partnered on
use of gymnasium space .
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The scope of the project includes improvements and upgrades to the existing floors, walls, ceilings and •
replacement of athletic equipment (scoreboard, backstop, bleachers, benches, volleyball post/net and
badminton upright and net). The HVAC (heating, ventilation and cooling) and fire systems will also be
replaced in both gymnasiums which is not part of the cost but was included in the original scope of work
funded by the BEST grant.
During non-school hours, the City of Englewood and the Department of Parks and Recreation will receive
first priority for use of the gy mnasiums . For participation in the renovation cost of the facilities, fees and
charges will be waived for the City.
FINANCIAL IMPACT
The total costs of the improvements are approximately $124,000. The impact to the City of Englewood will
be $100,000. Any additional cost above $100,000 will be absorbed by the School District as part of its
renovation of the current middle school.
This is not a budgeted item. A separate Council Resolution requesting a supplemental appropriation will be
brought forward on the 2 nd Reading of this Bill.
LIST OF ATTACHMENTS:
CFAHS Gym Improvement Budget
Proposed Bill for an Ordinance •
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CFAHS Gym Improvement ROM Budget
Haselden Construction
• 25-Mar-13 r" ~~
HASELDEN
CONSTRUCTION
Purpose: Rough Order of Magnitude Pricing for upgrades to the Colorado's Finest Alternative High School
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North Gym
Paint
Floor-refinish w/lines
Ceiling
Glass Backstops-Side Swing
Fixed Mount Backstops
Scoreboard
Volleyball Post/net
Badminton Upright and Net
Bleachers-Portable
Electrical
HCL Cost for IC/Clean/Demo
Total ROM
Estimating/Scope Contingency
Total Estsimated Cost
South Gym
Paint Walls
Floor-refinish w/lines
Scoreboard
Removable Benches-Aluminum
Electrical
HCL Cost for IC/Clean/Demo
Total ROM
Estimating/Scope Contingency
Total Estimated Cost
Total for Both Gyms
Gymnasiums
Price Qty
$3,969.00
$14,724.00
$17,716.00
$9 ,562 .00
$16,547 .00
$6,412 .00
$3,123.00
$2 ,614.00
$4 ,667.00
$2 ,098.00
$2,050.00
$83,482.00
$8,348 .20
$91,830.20
$3,798 .00
$12,636 .00
$6,412 .00
$2,562.00
$2,098.00
$2,050.00
$29,556 .00
$2 ,955.60
$32,511.60
s124,341.so I
Walls
Sand, Minor Wood Replacement, Restripe & Reseal
3336 sf
2 Porter Model 220 (Not Powered)
4 Porter Model 313
1 Fairplay Model 1620 with Wireless Control
1 Porter Model 1791 Powr-Steel Volleyball Package--New Model
2 Porter Model 00779000 Portable Badmitton Standards
6 Porter Model G-379-31 (3-Row Tip & Roll Bleachers)
For Scoreboard & Other
Walls
Sand, Minor Wood Replacement, Restripe & Reseal
1 Fairplay Model 1620 with Wireless Control
6 Porter 73081 Portable Aluminum Benches with Back