HomeMy WebLinkAbout2006 Ordinance No. 002•
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ORDINANCE NO. _h,_
SERIES OF 2006
BY AUTHORITY
CONTRACJ:NO. ~q-.).,0,'29 b ii
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER WOODWARD
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 ENGLEWOOD TRAILHEAD
IMPROVEMENTS .
WHEREAS, in November 2003 the voters of Arapahoe County approved a
county-wide sales and use tax lo :ic used for specified Open Space purposes as set for
the in County Resolution No . 030381; and
WHEREAS, County Resolution No. 03038 I authorized the County to award
grants lo funds from the Open Space Sales and Use Tax ("Grant Funds") lo be
distributed to municipalities; and
WHEREAS , the City of Englewood 51,, .1i11ed an application for the award grants
of funds from the Open Space Sale s a1,d L', .. Tax ("Gran t Funds") to be distributed to
municipalities; and
WHEREAS, the City of Englewood has been awarded an Arapahoe County Open
Space Program Grant in the amount not to exceed SI O 1,29 I for the Englewood
Trailhead Improvements ("Grant Project"); and
WHEREAS, this Ordimmcc will authorize the Intergovernmental Grant
Agreement between the Board of County Commissioners of Arapahoe, State of
Colorado for the Englewood Trailhcad lmprovcmc111 s:
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS:
~I. The lnlcrgovcmmenlal Grant Agreement between the City of
Englewood, Colorado and the Board of County Commissioners of Arapahoe, Slate of
Colorado for the Englewood Trailhcad Improvement s, attached as "Attachment I",
is hercb • accepted nnd approved by the Eng le wood City Council. A copy of the
Grant application is available in the Office of the En glewood City Clerk .
~-The Mayor is auth orized lo execute and the City Clerk to altcst and seal
the lntcrgovcmmcntal Grant Agreement for and on behalf of the City of Englewood,
Colorado.
Introduced, read in full , and passed on first reading on the 17th day of January, 2006 .
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Published as a Bill for an Ordinance on the 20th day of January, 2006 ..
Read by title and passed on final reading on the 6" day of February, 2006.
Published by title as Ordinance No . 2:o, Series of 2006, on the I OLi day of
February, 2006 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordin cc passed on final
reading and published by title as Ordi nance No . ,2.., Series o 6.
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• INTERGOVERNMENTAL AGREEMENT REGARDING
2005 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS
PROJECT NAME: ENGLEWOOD TRAILHEAD IMPROVEMENTS
This lnt~rgovemmcntal Agreement ("Agreement"), is made and entered into by and
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between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF 1
ARAPAHOE, STATE OF COLORADO , (the "Co unty") and the CITY OF ENGLEWOOD,
a municipality and political subdivision of the State of Colorado (the "Grantee").
WHEREAS, on Nove mber 4, 2003, the voters of Arapahoe County approved a county-
wide sales and u,e tax to be us ed for specified Open Space ourposes as set forth in Co unt y
Resolution No. 030381; and
WHEREAS, Resolution No . 030381 authorizes the County to award grants of funds from
the Open Space Sale s and Use Tax ("Grant Funds") to be distributed to municip alities, as more
fully set forth therein;
WHEREAS , on May 31, 2005, the County approved the Grantee's Project Application,
which is attached hereto and incorporated by reference herei n as Exhibil A, ("Project
Application"), subject to the exe cution of an intergovernmental agreement and subject to the
• terms and conditions contained herein ;
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WHEREAS , the Grantee has modified its propo sed scope of wo.rk , which was se t forth
in Exhibit A, thereby reducing by $15,709.00 the amount of its request for grant funds from th e
County for its Grant Project. The mod ifications are set forth in a No vember 9, 2005 letter to
Cou nty Open Space Manager Lynn Wadell from Englewood 's Project Manager Mark K.
Graham. Sai d letter is attached hereto as Exhibit B and incorporated herein by reference;
WHEREAS, the County desires to enter into intergov ernmental agreements, as a
condition of grant approval, with such municip aliti es and special districts that have been
approved for gran ts fr om the County ; and
WHEREAS, these intergovernmental ai,,recments are authorized by Article XIV, Section
18 of the Co lorado Co nstitution and COLO. Rev . STAT.§ 29-1 -203 (2004).
NOW, THEREFORE , the Co unty and the Grantee agree as fo llows :
I. Amount of Gra nt. The Co unt y agrees to pro vid e Gra1,ice with Grant Funds in the
amount not to exceed $101 ,29 1.00 from the Arapahoe County Open Space
Proi,,ram for the Englewood Trailhcad Imp roveme nt s ("Grant Proj ect ").
2. Use of Grant Funds . The Gran tee agree s th at it sha ll only use the Grant Funds
for the Grant Project , as se t forth in Exhibit A, as mod ifi ed by Exhibit B .
3. Time For Use of Gran! Funds . The Grantee agrees that such Grant Funds will be
expended by no later than one year from the date of this Agreement, unless a
longer period of lime is otherwise agreed to by the County in writing .
4. Interest on Grant Funds. The Grantee further agrees that, after teceipt of its
Grant, the Grantee will use any interest earned on the Grant only for !he Grant
Proj ect as sel forth in its approved grant application.
5. Admini s•ralion of Gran! Project. The Grant ee shall be responsible for the direc t
supervision and administration of !he Grant Project. The County shall nol be
liable or responsible for any cost overruns on the Grant Project. Nor shall the
County shall have any duty or obligation to provide any additional funding for
the Grant Project if the Grant Project cannot be completed with the amount of
Grant Funds awarded by th e County to the Grantee .
6. Grant Project Site Visits . Upon 24 hours written notice to the Grantee,
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the Grantee . , to allow the County to make site visits before, during, and/or
at the completion of the Grant Project.
Acknowledgement of County by Grantee . The Grantee agrees to acknowledge the
County as a contributor to the Grant Projert in all publications, news releases and
other publicity issued by the Grantee relate , lu the project and agrees to allow the
County to do the same. If any events are planned in regard 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 pttblic information pieces ,
providing photos of the Grant Project from time to time, and providing access to
the Grant Project for publicity purposes .
8. Required Sign at Project Site . Grantee agrees to erect at least one sign in a
publicly visible area in recognition of the grant from the Arapahoe County Open
Space Pro gram. The location, form, design, and wording of such sign shall be
approved by the County . Such sign shall be erected prior to the completion of tl1e
Grant Project or its public opening, whichever is th e earlier.
9. Report Requirements. On or before August I, 2006, the Grantee agrees to provide
the County with an annual update report that describes th e amount of progres s in
completing the Gran t Project , Grant Project milestones, and the use of the Grant
Funds to date . Upon completion c'f the Grant Project, the Grantee also agrees to
submit to the County a final report, includin g a letter th at certifies what the Grant
Funds have been used for and that the Grant Funds have been used in accordance
with County Resolution No. 030381. In addition to the final report, Grantee shall
also submit to the County a final project summary Iha! discusses the Grant Project
and includes photographs of the vari ous stages of the Grant Project development,
including a photograph of the Grant Project at the time of completion . The
County shall be allow ed to use the above ph c· •ographs in pubiications, public
infonnation upd ates , and on !he Coun ty web site. The Grantee further agrees to
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provide the County with an electronic copy of the final report and project
summary along with digital photographs .
Failure to Submit Required Reports. Upon written notice from the County's Open
Space Manager, informing the Grantee that it has failed to subm it any required
annual update report and/or final report, the Grantee shall submit such reports to
the County through the County's Open Space ManJger within thirty (30) days,
and, if it fails to do so , the Grantee shall be de emed to be in violation this
Agreement. The Grantee shall be ineligible for any future Grant Funds, until and
unless such reports have been submitted to the County's Open Space Manager.
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 arc pertinent to the Grant Project, for a
minimum of three years .
Reimbursement of Grant Funds . The Grantee understands and agrees that if the
Grant is not used in accordance with its approved Grant Application and/or this
Agreement, the County may require the Grantee to reimburse the County in the
amount of such Grant Funds that are not used for the Grant Project.
13. 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
hy law .
14. No Waiver of Rights . A waiver by eitl .cr party to this Agreement of the breach of
any term or provision of .his Agreement shall not operate or be const111ed as a
w"iver of any subsequent breach by either party.
15. 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. Changes mu st be requested in writing and may not begin
unttl an amendment to this Agreement has been approved by the County.
16 . Transfer of Interest jn Grant ProjckJ. The Grantee understand s and agrees tha, no
land or int eres ts ac quired with t!1c Grunt Funds as part of the Gra nt Project may
be scld, leased, traded, or otherwise conve yed, nor may an exclusive licen se or
permit on said land or interests be 11iven, without prior approval of the Grantee's
governing body aner conducting a public hearing . The Grantee farther agrees if
such sale, lcaae , trade or conveyance is made or an exclusive license or interest
has beeu given, the proceeds shall be deposited in an open space fund to be used
for purposes consistent with Resolution No. 030381.
17. Relationship of the Parties. The Grantee shall perfonn all duties and ob ligations
under this Agreement as an independent contractor and shall not be deemed by
virtu e of this Agreement to have entered into any partnership, joint venture,
employ er/employee, or other relationship with the County.
18 . 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 .
19 . Severability. Should any one or more provisions of this Agreement be detcm1incd
to be illegal or unenforceable , all other provisions nevertheless shall remain
effective; provided, howev er, the parties sha ll forthwith enter into good faith
negotiations and proceed with due d:ligence to draft a provision that wi ll achieve
the original intent of the partie s hereund er.
20. Written Amendment Required . This Agreement may be amended, modified, or
changed, in whole or ,., part , only by written agreement duly authorized and
executed by the Count · and the Grantee .
21. Venue. Venue for th ~ •1ial of any action ar is ing ~ut of any dispute hereunder shall
be in Arapahoe County District Court, pursuan , to the appropriate rules of civil
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22 . 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 80166-0001
and
Arapaho e rc•u1ty Attorney
5334 Suu, ,'1 ,ace Street
Littlet on, Colorado 80166-000 1
and
Arapahoe Co unty Open Space Manager
Arapahoe County Pub li c Works and Development Department
10730 Eas t B,iarw oo d Avenue . S:,itc 100
Centenn ial, Co lorado 80 112-38S3
and
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CITY : City of Englewood
I 000 Englewood Parkway
Engl r.wood, Colorado 80110
and
Daniel Brotzman, City Attorney
City Attorney's Office
I 000 Englewood Parkway
Englewood, Colorado 80 I I 0
23. .8Jlll!icable Law. This Agreement shall be construed and enforced in accordance
with lhe laws oflhe State of Colorado.
24 . fu!.\ent of Agreement. This Agreement constitutes the entire agreement of the
par:ies hereto. The parties agree that there have been no represenlalions made
regarding the subject matter hereof other than those , if any, contained herein, that
this Agreement constitutes the entire agreement of the parties with respec to the
subject matter hereof, and further agree lhat the vari ous promises and covenants
contained herein are mutually agreed upon and are in consideration of one
another .
25. Attornev Fees . If litigation is commenced by either party concerning this
Agreement, the prevailing party shall be entitled to recover ils reasonable
atto rney 's fees and costs from the othe r party.
26. Counlemarts . 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.
27. Inc omoration of Exhibits. Unless otherwise slated in this Agreement, any
exhibits, applications, resolutions , or other documents referenced in this
Agreement sha ll be incorporat ed by reference into th is Agreement for all
purposes .
28. Section Headings. The head ings for any section of this Agreement are only for the
convenience and reference of the parties and are not intended in any way to
define, limit or describe the scope or intent oflhis Agreement.
29. Signature;,,~ The signatories lo this Agreement represen t th af they are fully
aut ho rized lo exec ute th is Agreement and bind their respective entities .
IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as
of the date set forth below,
DA TED this __ day of _______ , 2006 .
Ar.EST :
By:c----,-c-:---,.---,::-:,-:--=:-:--::::-
Louclishia A. Ellis, City Clerk
ATTEST:
By : _______ _
Nancy A. Doty,
Clerk to the Board
APPROVED AS TO FORM :
By : ________ _
Assistant County Attomcy
GRANTEE : CITY OF ENGLEWOOD
By:, _________ _
Olga Wolosyn, Mayor
COUNTY OF ARAPAHOE
STA TE OF COLORADO
By: ________ _
Lynn Myers, Chair, Board of County
Commissioners
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COUNCIL COMMUNICATION
Date:
January 1 7, 2006 I
Agenda Item:
11 a i I
Subject :
Arapahoe County Open Space IGA
Initiated By :
Community Development I
Staff Source:
Mark Graham, Senior Planner
t'REVIOUS COUNCIL ACTION/COUNCIL GOALS
• On luly 21, 2003, Coun ci l app rove d the South Platte River Open Space Plan as an elemen t
of Roadmap Eng lewood: 2003 Englewood Comprehensive Plan.
• Council approved the 2005 Open Space budget as pa rt of th e Multi-Year Capital Project
budget.
• On January 14, 2005 Council approved th e IG A to pa rti cipate in the Arapahoe Coun ty
Open Space Shareback p rogram that p rovides th e match funding for the ~ proj ect.
• The project supports two Council Outcomes:
1. Provi ding and maintaining quality infrastructure
2. Pro viding di verse cultural1 recreationa l and ent ertainm en t opportunities .
RECOMMENDED ACTION
Staff recommends th at Counci l app rove a Bill fo r an 0 ·dinance fo r Englewood to enter an Inter
Governmental Agreem ent {IGA) with Arapa hoe c, .y for the purpose of cons tru ctin g
improvements in three City parks enhan cin g trailhead s for bicyclists and pedestrian s. The trailheads
eac h link Englewood to th e regiona l Mary Carter /South Pl atte River Greenway system. This project
was selec ted in a 2005 competiti on by th e A rapahoe Co unty Open Space and Trails Board (OSTB)
to rec eive grant fund in g.
BACKGROUND AND ANALYSIS
The 2003 South Platte River Plan identified tr ail projects th at add ca paci ty and improve the quality
oi th e recrea tion expe rience. Th e "Englewood Trailh ea d Improvements" projec t is an example of a
project th at does both.
The City of Englewood 2005 Open Space budget incl uded $350,000 of match funding fo r gran ts
and a prioritized proj ec t li st for implementing the South Platt e River Pl an, including th e Englewood
Trai lhead Im provements project. Th e goa l of this project is to improve th e amenities at th ree
existin g commu nity parks in Englewood. Th e project will add va ri o us trai lh ea d amenities to
Be ll eview, Centenn ial and Cushing Parks . A ll of th ese pa rk s are l ocated on the Mary Carter
G ree nway or o ne o f its connec ting trails . Ameniti es will include picnic tables and benches,
pavilions, interpretive signage, bicycle ra ck s, landsca ping and san-o-let faci li ti es. Signage w ill be
install ed that ack nowl edges Arapahoe Cou nty Open Space and Ci ty of Englewood fo r th eir ro les in
pr ovi ding th e trail improvem ent s.
Community Devel opment staff toge ther with Parks and Open Space staff worked to refine the
project after the Open Space •nd Trail Board selected this project for funding . Modifications were
made to the shapes of the picn ic pavi lions, material of table ~ and benches, and based on logistics
and cost the decision was made to delete the drinking fountains at Centennial and Belleview Parks
and the restrooms from Belle vi ew Park . Instead, a sa ,, let shelter will be installed at Belleview Park
and on an annual basis the Parks Department may contract for a san -o-let and related services
estimated at $2,500. The changes in the scope of the project result in a redu ction in the estimated
project costs from $156,000 ·to 135,055.
FINANCIAL IMPACT
The revised proj ect cost estimate is for $135,055 . Engle woo d is providing $33,764 c,f match funding
for a $101 ,29 1 grant fr om Arapah oe County.
ATTACHMENTS
Grant Application
Lett er dated Nov ember 9, 2005, requ es ting modifi ca tion to Grant.
Bill for an Ordinance
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MEMORANDUM
Lynn Wodell, Open Space Ma ,1ager
Public Works and Development
Arapahoe County Government
10730 E Briarwood Ave.
Centennia l, CO 80112
November 9, 2005
Subject: Englewood 2005 Grant Project: Trailhead Amenities
Proposed change in scope of work
Dear Lynn :
We are exci ted to be movi ng forward with our Arapahoe Coun:y Open Space and
Trails Grant projects. We are going to need your help with getting the appropriate
approvals from Arapahoe County for modifying the scope of work for the Trailhead
Amenities project.
As you are aware from our phone conversations, providing drinking water a1.d a
conventional restroom at the trailheads is a technically challenging and exper ,sive
endeavor. The primary issue is not the cost of getting the water but rather t•,e cost
and technical probl ems with providing the required sanitary sewer.
The Englewood water utility and State of Colorado require a sewer tap for the
drinking fountain and restroom. Sanitary sewer systems rely on gravity to flow and
there are no sewers available at the !railhead locations. We explored alternatives
such as utilizing holding tanks for the wastewater and lift stations to pump the water
uphill to reach the sewer systems. Our consultant rec ommended against this system
even if we could get sp ecial permission from the Water Board to use lift stations. In
the final analysis we have decided to eliminate the drinking fou . ,tains from both
Centenni al Park and Belleview Park !railheads and to provide a San -O-let in an
enclosure instead of a conventional restroom. We w ill provide notice, however, on
signs nea r th e trail that there are existing drinking fountains and restrooms within the
parks.
Englewood will be able to provide the other amenities as described in the Grant
Applicatio r, though we hav e made what we believe to be m inor changes such as
changing from a hexagon shaped pavilion to a more linear design preferred by our
Parks Department for maintenance reasons. We have also increased the size of the
bike racks from 3 to 10 bike capacity to rr,eet DR COG crite ri a.
1000 Englewood Parkway Englewood, Co lorado 80110 PHON E 303-762-23 42 FAX 303 -783-6 895
www.~nglewoodgov.or g
Financial Considerations
In the Grant Application we budgeted $10,000 for two water fountains. Our project
costs are reduced by this amount. The restroom was budgeted for $24,000 . Instead,
we propose a San-o-let enclosure on a concrete pad estimated at $13 , 055. There is
a projected savings on this item of $10,945 . The total projected savings from the
changes described will be $20,945. Englewood will be assuming the annual costs of
operation and maintenance for the facilities funded by th~ gran~ subject to annual
appropriation by City Council. The estimated annual cost c,f the San-o-let, for
instance, is about $2500. We suggest that the project savings be allocated in the
same ratio as the original project funding, 75% County/ 25% City. On that basis, the
County's commitment :.in this project would be reduced by $15,709.
If these amendments to the !'Cope uf work are acc.eptable to the Arapahoe Countv
Open Space and Trail Board and thP. Commissioners, then we would like to pro cee~
with the project. With a favorable re~:Jonse on this matter, I will schedule the IGA
for the Trailhead Amenities project for Englewood City Council action . Thanks for
your LOnsideration of this request. Please contact me with any questions on the
matter.
Sin c erely,
Mark K. Graham, Project Manager
mgraham@englewoodgov.org
C Dave Lee, Open Space M nager
Dave Henderson, Engineer
Harold Stitt, Community Development M or ager
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