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Home My WebLink About2002 Ordinance No. 018• • ORDINANr.E NO . .JK. SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO . 18 INTROD UCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) AND THE CITY OF ENGLEWOOD FOR A GRANT PERTAINING TO AN ENGLEWOOD LIGHT RAIL STATION AND OXFORD LIGHT RAIL STATION INFLUENCE AHEAS STUDY. WHEREAS , the City of Englewood applied to the Colorado Department of Local Affairs (DOLA) for a grant pertaining to an Englewo:vl Light Rail Station and Oxford Light Ra il Station influence a reas study ; and WHEREAS , the DOLA grant of $31,000 will be for the study of the influont-e of light rail stations on surrounding development potential and planning thereof; and WHEREAS, the City of Englewood was previous! · designated a Governor's Colorado Heritage Co mmunity : NOW. THEREFORE. BE IT ORDAINED BY THE ClTY COUNCIL OF THE ;;[TY OF ENGLEWOOD . COLORADO , AS FOLLOWS : ~-The Cit)' Council of the City of Englewood. Colorado hereby authorizes the Intergovernmentnl Agreem ent between the Colorado Department of Local Affairs (DOLAl and the City of Englewood . a co py of which is marked 38 ··Exhibit 1". ~-The Mayor and the City Clerk a re hereby authorized to sign ana attest said Intergovernmental Agreement on behalf of the City of Englewood . Introduced. read in full , and passed on first reading on the 15'' day of April, 2002 . Published 3 8 a Bill for an Ordinance on the 19th day of Apri l, 2002 . Read by title and passed on final reading on the 6th day of May , 2002. Published by title as Ordinance No . /K., Series of 2002, on the 10th day of Mai•. 2002 . I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the abov• and foregoing is a true COP):.)>f the Ordinance passed on final re a ding and published by title as Ordinance No . ~ Series of 2002. -2 - • .\ • • • CHPGP • #001 12B Effective 10/2000 CONTRACT DEPARTMENT UR AGENCY NAA CO:<TIIACT ROU'TlNG :-IUMBER "THIS CONTRACT , made this __ day of,-,,-,--....,.,_--~-2002, by and belYleen the State of COiorado for the use and benefit of the Department of Local Affairs 1313 Sherman Streat Denver Colorado ~ hereinafter referred lo as tt,e Slate. and the City of Englewood 1000 Englewood Parkway Englew00d Col9rado 80110 2373 , hereinafter referred to as the Contractor. WHEREAS, authority ex ists in Iha Law and Funds h..ve been budgeted , appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available tor payment in Fund Number~ Appropriation Code Number ~. Org . Unit --E:J2!!._, GBL ---~ Contract Encumbrance Nu·mber Et2CH00112B ; and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies ; and WHEREAS, lhe Slate desires to assist local govemmen:s and political subdivisions of the Slate that are experienc ing soc ial and econom ic impacts resulting from rapid population growth in Colorado; and WHEREAS, pursuant lo section C.R.S . 24-32-3201 :o 24-32-3209 , the 2000 General Assembly, through House Bill 1427, created within the Clepartment of Local Affa irs (COL~). Iha Office of Smart Growth (OSG) to be headed by the Executive Direc tor of Iha COLA with the powers and dulles to administer the OSG to include the reviewing and approval of applications for Colorado Heritage Plann ing Grant Program (CHPGP) Funds (the Fund) awarded by the OSG to those elig ible p,1rtic:pants (one or more local governments) that satisfy the requ irements for grant elig ibility pursuant to C.R.S Section 24-32-3203 (3l; and WHEREAS . the Con tractor, a political subdivision elig ible lo receive CPHGP Fund ass istance, has applied to the Department for ass istance ; and WHEREAS . the Execuliv ~ Director of the Departmen t des ires to distribute said funds pursuant to law '.o,th e Project upon mutual!y agree~U le terms and conditions as hf'.reinafter set forth . NOW THEREFORE, ii is hereby agreed that: 1. Scope of Ser,,ces . In conside.-;;li"n tor Iha monies to be received from Iha State , the Contractr. r shall do, perfcrm , and carr/ out, ,n a sat isfac tcr I and proper manner, as de terrn ineo t,y the Stale, all work elem ,,nls a· ,ndici!lecl in 'he •scope of Services·, set forth in the altached Exh ibit A, here ina :iar relerred to as the -Project.• \"i~-' 1-.a rformed prier to the execution of this Contract shall ,,ot be considered part of th is Project. 2. Responsible Adm inistrator. The performance of the services requ ired hereunder shall be under the d~ect superv ision of Harold Stitt . an eniployee or agent of the Contraclor , who is hereby designated as the administrator• in-charge of this Project. At any lime '.Ile administrator-in-charge is not assigned to this Project, all work sha11 be suspended until Iha Contrac:or ass igns a r.,ulually acceptable r~pl~cemenl administrator-in-charge and the Slate receives notification of such replacement assignment. 3. Time of Performance . Th is Contract shall become effec tive upon the proper executi on ~• this Con~I. The Project contemplated herein shall commence ,s soon as practicable after the execulion of th is' lract and shall be undertaken and performed in the sequence set forth in the "Time of Performance• Section con~ , ,n the attached Exh ibit A Expenses incurred by the Contrac tor in association with said Project prior to execullo, .i,is Contract shall not be cons idered eligib le expenditures for reimbursement from the St~le . The Contractor agrees that time is of the essence in the performance of its obligations u11der th is Contract, and that completion of the Project shall occur no later than the completion date set forth :n the "Time of Performance• Sec ti on of Exhib it A. 4. Authority to Enter into Contract and Proceed with P~. The Contractor assures and wan dnls that ii is autho ri zed by leg islativ e approp ria tion to expend funds by th is Contrac t. Page t of 7 Pages E >: h i b i t s. Compensation and Method of Payment. lo cons ideration for !he work and ~rvlces to be l)elfonned herew,der, !he Stale agrees to provide to !he Contractor a grant from !he Fund, In an amount not to exceed THIRTY-ONE THOUSAND AND N0/100 • • ······--Dollars I S31 000 .00 ), The melhod and lime of payment of such grant :~nds shall be made in accordance with !he "Payment Schedule' set forth in Exhibil A, e. Reyerslon of Excess Funds to the State. a) Any State funds not expended in connection wilh the Project shall be remitted to !he State upon complellon of !he Project or a detenninallon by !he State that !he Project will not be completed. b) It Is expressly understooo !hat if !he Contractor receives ~nds from this Contract In excess of its flacal :.iear spending limit, all such ~•xr.ess funds from !his Contract shall revert to !he State. Under no cil.:umstances shall excess funds Iron, this Contract be refunded to olher parties. 7. Financial Manaaemt'l!I. At all times from !he effectM date of this Contract unlll completion of !his Project, the Contractor shall main ti in p: ooerly segregated accounts of State fu~~. matching fl.rids, and olher funds aaociated l'lith !his Project. All r•eceipts and expenditures associated wit!: :illid Project shall bft documented In a derailed and speciflc manner , and shall be in accordance wilh !he 'Budget" Sectlor, sat forth In Exhibit A. Contractor may adjust individual budgeted axjlanditure amounts up !he llmitallons sat forth in Paragraph 8.b) of !he main body of this Contract withOIJt approval of !he State . Any b~dgetary modiflcallons that exceed !he llmital!ons set forth in 1-aragraph 8.b) mast adhere la procedures sat forth in Paragraph 8.c) in order to modily !he Contract budget. 8. Monlflcatlqn and Amendments . a) Modlflcation by Operation of Law . This Contract is subject to such modifications as may be required ~, changH in federal or state law or regulations . Any such requ ired m<ldiflcations shall be incorporated into and be part of !his Contract as if fully set forth herein. b) Pr,igrammatic or Budgetary Changes . Thi~ Contract has a simplified Change Leiter procedure 'or modifying !his Contract for the following reasons: i) unlass otherwise specified in !he Scope of Services, when cumulative budgetary line item changes exceed Twenty Thour.and Dollars (S20,000 .00); ii) when any budget transfers to or between administration budgetary categor ies are proposed ; iii) when !he scope, obje c:ive or completion dais of 1hr Project changes as datennined by !he Department; iv) when additional or less State funding ie needed ; v) when there are additional federal statutory or regulatory compliance changes in accordance wilh Paragraph 22 of the Original Contract. Under such circumstances , the Departmenrs approval is not binding until memorialized in a fully executed Change Letter as specified in subparagraph c). c) Change Letter Process . Contractor must submit a written request to !he Department if programmalk; or budgetary modifications are desired. Page 1, Responsible Administrator, F.m,graph 5, Compensation ;;nd Method of Payment ; and Exnibit A, Scope of Services, may be modified by Change Letter, signed by !he State and !he C-,.,tractor . Upon proper dxecuUon and approval, such Change Letter shall become an amendment 10 Iha Contrac~ effective on the date specified In the Letter. No such Change Letter shall be valid unW approved by the Staid C~ntroller or !' ,ch assistant as he may designate . "JI olher modifications to !his Contract must be accomplished through amandment to !he Contract pursuant to fiscal rule~ and in accordance with subparagraph 8.d). d) Other Mocificalions . If either the State or the Contractor desires to modify the tanms of this Contract other than as set forth in subparagraphs b) and c) above, written notice of the proposed modification shalt be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment lo this Contract p•oper1y executed and approved In accordance with applicable :aw . Pag o 2 of 7 P~ges • • • • • Any amendmenl reqi,;red pe r lh rs subparagraph wr it requ ire lhe app roval of olh er appropriale slale age ncies , e.g. Attorney General. Slale Conlroller. elc . a) Discrelionarv Audi!. The Sl ale. lhrough lhe Execulive Direclor of lhe Departmenl, lhe Slale Audilor, or an y of lhe ir duly aulhorized represenlalives, Including lho righ l 10 hire an independent Certified Pu blic Acc ounl of lhe Slale's choosing, or lhe federal gove rr,men l or any of its property delegate~ or aulhorized represenlalives shall have lhe ri ghl lo inspecl, examine, and audit lhe Contraclo(s (and any subccc.lra clor's) reco rds, books, accounls and olher relevanl docu menls. Such discrelionary audil may be reque sled al any lime and for any reason from lhe effeclivo dale of lhis Conlracl unlil five (S)years after the dale final pa ymenl for this Project is rec eived by lhe Contraclor, provided Iha! lhe audi·: is performed during normal business hours . b) Mandalocy Audi!. Whelher or nol lhe Slale call s for a discretionary audit as provided above, lhe Conlraclor shall include the Project in an annual audit report as requ ired by the Colorado Local Governmenl Audit Law, C.R.S. 973, 29-1-601, !tl ~. and Slale implemenling rul es and regulalions . Such audit reports shall be simu llaneously submitted lo lhe Departmenl and lhe Stale Aud itor. Thereafter, lhe Contraclor shall supply lhe Departmenl wilh copies of all correspondence fro m the Slate Audito r related to lhe rel evant audit report . If lhe audit re veals evidence of r.o,· ·co mpliance with applicable requirements, !he Departmenl reserves lhe righl lo inslilule compliance oral .,.r appropriale proceed ings nolwilhslanding any olher judicial or adm imslralive acti on s filed pu rsuanl lo C.R.S. 1973, 29-1-607 or 29-1-608. 10 . Person nel. The Con lraclor shall perform its dulies hereunder as a Contractor and no l as an employee of lhe Slate . Neither lhe Conlraclornor any age nl or employee of lhe Contractor shall be deemed lo be an agenl or employee of lhe Sia le. Conlractor shall pay when due all required employmen l laxes and incom e lax wi thholding, shall provide a nd keep in force worke(s compensalion (a nd show proof of such insuranc e) and unemployment co mp ensatio n insurance in the amounts required by law, and shall be solely responsible for the acls of lhe Conlr-•o r, ils employees and agenls . The Conlractor is resp .. ror pro vi din g Wor ker's Compe nsa tion Coverage and Unemployment Compensal io n Coverage for wil of its employees to the exte nt required by la w, and for providing such coverag e for themselves . In no case is the Sta te respo nsible for providing Worker's Compensation Cov erage ror any employees or su bco ntrac tors c-r Co ntractor pu rsuant lo this agreement , and Contractor agre es lo indemnify lhe Slal e for any cosls for which lhe Slate may be found liable in th is regard . 11 . Connie! of lnlerest. The Conlraclor sha ll comply wilh the provisions of C .R.S. 18-8-3 08 and C.R.S. 24-18-101 l hrough 24-18-109. 12. Conlrac l Suspension . If !he Conlraclor fails lo comply with any conlraclual provision, lhe Sia le may, afte r nolice 10 lhe Conlractor, suspend lhe Co, lract and wi lh ho/d further pa ymenls or proh ibit lhe Contraclc r from incu mng addiliona l obligalion s of conlraclual funds, pending correclive action by lhe Contract or or a decis io n lo te rm ina te in acco rd an ce with pro visio ns herein. Th e Slate may determine to allow such nec essary and proper cosls which lhe Conlraclor could nol reasonably avoid during lhe period of suspe nsion prov ided such cos l s were necessary and reasonable for lhe conducl of /he Project 13 . 9onlracl Terminalion . T his Conlract may be lerminaled as follows; a) T erminalion Due l o Loss of Funding. The parties herelo expre;;s ly recognize that lhe Contracto r is lo be paid, re,mbursed, or olheiwise compensaled with funds provided lo the Stale fo r lhe purpo se of conlracli ng for /he services provided for herein, and lherefore, the Conlractor expressly underslands and agrees Iha! all ils rig hts, demands and claims lo compensa lion arising under this Ccnlracl are contingenl upon rec eipl of such funds by lh e Slate. In lhe even! !hat su ch lunds or any pa rt lhereof are nol received by the Slale, lhe Slale may immedialely lerrninale or amend !his Conlracl. b) Term inal ion fo r Cause. If, lhrough any cause , lh e Conlraclor shall fai l to fulfill in a limely and proper manner ,t s oblig atio ns under th is Contract, or if the Contrac tor shall violate any of the covenants , agreemenls, or slipulalion s of !his Conlra cl , l he Slale shall !hereupon have lhe righl lo term inale !his Conlract for ca use by giving wrillen nolice lo lhe Conlraclor of such lerrninalion and specifying the effeclive dale !h ereof, al leas! ~venly (20) days before lhe effeclive dale of ~u ch lerminalion. In that event, all finished or unfinished documenls. dala, slud ies, surveys , drawings , maps, models. phologra phs , and reports or o lher maleria l prepa red by lhe Con lraclor under lh,s Contract shall , at :h e option of lhe Sia le, become its property , PJge 3 of 7 Pa,es and the Co nlrac:or shall be ent itl ed lo rece ive just and equi l~ble compens ation for an y satisfactory work compl eted on ::uc h ,jocum ents and oth e" maleria ls . ~ otwilhs:ocding the abo ve, lhe Contrac tor shall not be relie ved of liability to lhe Slate for any damages su s•.ained by the State by vi rtue of any breach of the Co ntract by the Contractor, and the Slate may withhold any payments lo lhe Conlraclor for lhe purpo se of se loff unli/ such lime as lhe exact amount of damages du ,, the Stale from lhe Conlraclor is determined . c) Term inati on for Con ve ni ence. ThG St ale may lerminale !his Conlracl at any time the Slate determines lhat lhe purposes of the distribution of State mon ies under lhe Contract would no longer be served by complellon of the Project. The Slate shall effect such lerminallon by giving written notice of terminallon to the Contrac tor and specify ing the effective dale !hereof, at least twenty (20) days before the effective date of such termination . In the event of termination for convenience , all fi nished or unfinished documents and olher materials as described in subparagraph 13 .b) above shall, at the option of lhe State , become its property. If the Con tract is terminated by the Sia le as provided here in, lhe Contractor will be paid an amount which bears lhe same ratio lo the lolal compensation as the services actually performed bear to lhe lolal serv ices of lhe Conlraclor covered by lhis Contract, less payments of compensation previously made : Provided, however , lhal if less than sixty percent (60%) of the services covered by this Contrac ! have been performed upon the effective dale of such term ination , lhe Contractors hall be reimbursed (in addiUon lo lhe above pa yment) for that portion of the actual OUl •of-pockel expenses (not otherwise reimbursed under this Contrac t) incurred by lhe Con tractor during lhe Conlracl period whi ch are directly attributable lo th e uncompleted portion of lhe servic es co vered by this Contract. 14 . lnlegralion. Thi s Co ntract, as written , with attachments and references, is Intended as the com plete integration of ai: unde rs tanding betw ee n the parties at this time and no prior or contemporan eo us addition . deletion or amer,dment hereto sh all have any forc e or effec t what soe ver, unless embodied in a written authoriza ti on or contract amendment incorporating such ch anges, executed and approved pursuant to app licable la w. 15. Se verability . To lh e ex tent lhal lhi s Contract may be exe cuted and performance of lhe obliga tions of the parties may be accomplish ed with in the inlenl of the Contract, lhe lerm s of lhis Contract are se verable . and should an y term or provis io n hereof be de cl ared invalid or bec ome inoperative for any reason , such inva lidity or fa il ure shall not affec t the valid ity of any other term or provi si on hereor. The waiver of any breach of a term hereo f sha ll no t be construed as wai ver of any other term nor as wai ver of a subsequent bre ach of th e same term . 16 . Binding on Su ccesso rs. Except as here in otherwi se prov ided, this agreement shall inure to the bene fit of and be bind ing upon the part ies, or an y sub co ntra ctors hereto , an d the ir respecti ve successors and assigns . 17. As signment. Neith er party . nor an y subcon~ac lo rs here lo, may assign its rights or duties under lhis Contract wilhoul the prior wrillen con sen I of lhe olh;r party . No subconlracl or transfer of Contract shall in any case release lhe Contractor of lia bility und er th is Contract. 18. Sur1ival of Certa in Co ntra ct Term s. Nolwilhstanding anything herein lo lhe contrary, th e pa rti es understand and agree Iha! all terms and conditions of I his Contract and the ex hi bits and attachments hereto wh ich ma y requ ire continued perform anc e or complian ce be yond lhe termina tion dale of lhe Contract shall surv iv e such term ination date and shall be enforceable by lh e Stale as provided here in in lhe ev ent of such fa ilure to perform or compl y by th e Conlrac10r or ils subcontrac tors . 19 . Successo r in Interest. In lhe even I the Contractor is an enlily for med under intergove rnmental agree men I and the project 1s for tt-e acqu is iti on, construction or reconstructi on of real or personal property lo be used as a pu blic facil ity or lo provide a public service , lhe Contractor warrants lhal ii has established proleclio ns that ens ure that , in th e event lh e Conlra clor entity ceas e s lo ex ist. own ersh ip of the r.,operily acqu ired or improv ed shall pass to a conslil uent loca l go vernment or other elig ible gov ernmental s1Jcce ss or in int ere st so tha t the property can con ti nue lo be use d as a publi c facility or lo provide a public •;ervice. 20 . Non•Di sc rimin allon. The Contrac tor shall compl y wilh all applicabl e St ale and Fede ral laws, rules , regulat io ns and Execut ive Orders of the Governor of Col orado invol ving non-discrim ina ti on on lhe ba ~l s of race, colo r, re ligio n, nati onal origi n, ag e, ha nd icap or sex. In compliance with Paragraph 5 of the Specia l Prov isions section of th is Contract, Contrac tor ag re es to co nsid er min orities or mino rity bus in es se s as employees, spe cia li sts , agenls , cons ull.1nts or subcontractors under this Con tr act. Co ntracto r may u lilize PJge J ol 7 Pase s • • • • • lhe expertJsa of lhe Slate Minority Business Office within the Off',ce of lhe Governor for assJstance in complying with the non-<!lscriminaUon and affirmative action requirements of this Contract and applicable slalUles . 21 . Compliance with Applicable Lm . Al all Umes during lhe perlormanc,, or this Contract, the Contractor shall s:rictly adhere lo all applicable Federal and Slate laws Iha! have been or may hereafter be establ ished . Page 5 of 7 Pages SPECIAL PROVISIONS J (Not for Use with Inter-Govero mental Contracts) J. CONTROLLER "S APP RO VAL. CRS 14-lO-lOl (I) This con1nct shall nor be deemed v:ilid un1il ic h:u been approved by the Controller of the Sl:ue of Colorado or sucb USUwu as he m.:&y dC$ign:itc. l. fl/ND AVAILABILITY. CRS 24-J0-102 (' , ~~~~b~~!~b~~~t~,l:Ct°!~:=~~~jc~ cumnt flSC3J year Mi contingmc upoo funds for th~t purp ose 3. INDEMNIFICATION. To T~ti~ r,;,..r ""rH01Z.1t .. o 8 "t' '-""", The Con~cr~. sh3!1 indemnify. »v_e. :111d, hold hO!mJw the Stale, llll M,~~ ,gainst :my and oJJ cloims, cbmagcs, lfab1hty :ind co wt ilw:itds inchxhng costs, expenses, :uid :idonley fees mc:uned QS a. result of ony xt or omissioo by the Contractor, or iu ~loyees, :igents, subcontr.tcto rs, mignces pursuant to lhe terms of this contrxt ◄. INDEPENDE!'IT CONTRACTOR. 4 CCR 801-2 nm CON'TR,\ct'Ok SRAll PERFORM rrs DCJ1US HfJlE\.INDER AS AN INOfl»ENI>ENT eotm.ACTOR AND ~T AS AN EMPLOYEE. NEJTHER nm CONTRACl'OR NOR ANY AGENT OR EMPLOYEE OP TllE COITTMCTOA SHALL BB OR SHAU. BS DBEMEO TO 81! AN AGENT OR EMPLOYEE Of'TltESTATE. CONTJV.CTOR SHALL PAY Wll:EN DVEALLUQUDW> EMPLOYMEIT TAXES AND INCOM!TAX AND LOC,U. HEAD TAX ON ANY MONIES PAlD BY nm STATE PURSUANT TO nus CON'TRACT. CONTRACTOR ACJCNOwt.EDO~ntAT ntE CONnACTOR "'~ rrs EMPLOYEES M.E NOT !N1TTliI) TO UNEMPLOYMENT INSURANCE BENEFITS UN"..ESS nm CONTllACTOR Oil THlJU> PARTY PROVIDES SUCH COVDAOE ANt> THAT THE STATE DOES NOT PAY R>R OR OTHERW'LSE PP.'JV1D6 SUCH COVBAOI!. CON'nACTORSHAJ.L K,\Vl! HO .~'TTHORIZ..\TION, EXPRESS Oil IMPLIED, TO BlNOrnE STATE10 NfY AGR!.'iMENrS, UABa.JTY, OR UNODST »mtNO EXCEPT AS EX7RESSLY SET FORTII HEREIN. COtn'RACTOR SHAU. l'ROVJDE ANO ICEEP [N FORCE WORURS' COMPENSATION (ANO PROVIDE PROOF OF SUCH fNSURAHCE WHEN REQUESTa) av nm STATE) AND VNEMPU)YMENT COMJ'fl,ISATION INSVR.ANCE IN me AMOUNTS llEQUlRl!D BY LAW, AND SHAU. BE SOUL y ltESPONSJBLli FOil nm ACTS Of nm CO!lllllACTOR. Ct'S e,a>LOYEES AND AGENTS. S. NON-DISCRIJIIINATION. ~~~~:rJ117~;~;i'~en~c~~e;.ener 311d the spiri1 of :di :tpplic~ble st:11e Clnd federal J:ws respctting • 6. CHOICE OF LA IV. The 1:aws of lhe S1:11e of Color.xfo Jlld rules ~d regul:ations issued pum.13111 thereto shll l be 3pplied in the iutciprcbtion, •t.1 :r~\id~er:~r;b7:,Ji::; ;~n~~-j~fcfu1°:i;~~~~~o~~\lhi;hi~~:~: i:~:rnni:1cdJ:C~idb13~~r~:: .ind regul:uioru: s!ull be considered null and void. Nolhin$ cont3.incd in my provision incorporattd herein by ~fcrcncc :c~cho~~~! n!t:1:!~t:rw~: ~~h::,cJ~t~~= :r :i::::s!~ ~t~!~:i~~d::1~~:,b~r :~b~c~: operation of this provision will nol inv~d:ate lhe rcrmindc r of this contnct 10 t:,c extent that the contr:ict iJ ~hie of c,,:ccuti~n . Al :all rimes during the perfomu.nce of 1h1s co ntrx:t, lhe Conlr3C 1or sh:dl stricdy adhere to ~I :ipplic:a blc fcct eral llKI Stit e l:iws, rules, and rcgul:ltions lh:11 h:ive be.en or m::ay here:iftcr be cstabliJhcd. 7. VENDOR OFFSET. CRS l4-JO-l0l (I) &CRS 14-J0-202.4 Purs u:ant 10 CRS 24.-J0-202 A (:is lmCndcd), the State Cootrollcr may withhold debts owed to Slll!e :lJ:ncics under the vendor offset inlcrccpl syste m for. (:i) unp:i.id child support debt or child support JITC:Jl':lcfi,cs; (b ) unp:ud b:11:mcc of t:ix, ~c~~ntercsi. ~rof'ti~h~~8::J:~~1df o:1~c~IW1t 1 ~~!~:~ct:1id~t ~Unc uel~~!!n~~=o~it!°J and (e) o=:iid debts o"ing lo 1he St:ite or :any :igcncy thereof, the m>OUnt o(wh ic h is found to be owing :IS 3 result of fin:il :igcncy de1ttmin:irion or reduced lo Judgment :is certified by the controUcr. I . EMPLOYEE FINANCIAL INTEREST. CRS 14-11-201 & CRS 14-5-0-507 The signa tories :ivcr th:11 to the ir knowlcd~e. no em plo yee of the Slate of ColoOOo h:u: an y pcrson:il er bcnefici:il interest wlutsoe ver in the servi ce or property Jcscnbcd htrein. Page 6 of 7 Pages Rr'l'Urd: 1211/0 1 • • • SPECIAL PROVISIONS nn: PARTIES RERETO RA VE EXECUTID JHJS CONTRACT CONTRACTOR : ST A TE OF COLORADO : BILL CWtNS , GOVERNOR CITY OF Ej'IGLEWOOD, COLORADO LcpJ Name of Con nr:un g £nary By ___________ _ E:c:ecurive Direc tor, Bob Brooks 846000583 Departmtnl of Local A!fairs Social Secunry Number or FE™ PRE-APPRO VED FORM co" CR.ACT UVfEWl.R: Si1711rure of Aulhon~ Officer By ___________ _ MAYOR Pnnt N,unc .l Title of Au1horu:cd Offic er CORPORATIONS : (A c~1c sc:il or Jttcsuuon ,s rcqu1reJ.) ,\Ue,1 (Sul) By ___ ~--~~-~~~~-~- {Co rpor:uc Sccreury or Eq1,11v:alcr11 . or Towni Ci ry/Co unry Clerk ) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 2,._J0-202 requires that the St:ite Controller :1pprove :a ll st:lle coatncts. This conrr:tct is not valid until the St:ue Concroller, or such :issist.:rnt :as he m:ri y deleg:ate, h:u signed it. The cootr:actor ls 40t :aulhorized to begin puform:1nc e until the conlr:ict is signed :1nd d::ated below . If performance begins prior to the date below. the St:ue or Color:ido m:a y nol be obligaled to p:a y for the goods :and/or services provided . STA TE CONTROLLER : Arthur L. B:arabart By Rose ;\brie . .\uten, O21 e _____________ _ Page 7 of 7 Pag es Re,,lsed: ll/1 /01 EXHIBIT A SCOPE Of SERY]CES • • • CHPGP • #00112B Englewood Transit Oriented Development Effective Oclober . 2000 EXHIBIT A SCOPE OF SERVICES 1. PROJ ECT DESCRIPTION, OBJECTIVES, & REQUIREMENTS The Cily of Englewood (Conlraclor) will conducl a planning slUdy {the Project) for the potential redevelopmenl of an area surro und ing the Oxford Slreel and Englewood Parkway lighl rail stations. The Projecl will Includ e four elements : a. The geog raph ic area of influence that th e Oxford/Englewood Stations will have on rede velopment oppo rtunities as related to curre nt or future mix of land uses including prox imlly and connec tion to other reg ion al lransportation resour ces and regional recrea tion resources. Maps of lhese influence areas will be developed in an eleclronic format compatible with lhe City's GIS system . b. A land use inventory identifying current uses and land values within lhe Influence areas . A la nd value data base and land use maps will be develo ped in an elecIron ic format co mpatible with the City's GIS system . c. A mar ket ana lysis to a.,te rmine the sp ecific land use mix most appropriate for the Oxford/Eng lewood Stations influence areas to ensure lo ng -lerm econom ic sus lainab ility. Th is element will identify critica l prop erties necessary fa r successful re de velopment as well as land assemblage opportunities . In addillon, an evaluation of the public infrasl ruclure system will be conducted along with recomm endations for impro vem en ts and potent ial fina nc ing mechanis ms. d. Des cribe and doc ume nt the preferred long-lerm developmen t pattern in the influence areas accounting tor specific tran si t oriented uses and desirable ph as ing of deve lopment ove r a 20 year period . Th is masler plann in g document developed fo r the influence areas will be coord inated with the City's comprehensive plan and South Platte Rive r ope n space and recreation study . The Conlrac lor will provide lhe Office of Smart Growth wil h one hard copy and one electronic copy of the final deliverables . wh ich include the study report . Co lorad o Heri ta ge Plann ing Grant funds provided unde r this Contract are to finance Project rasts. The Conlr ac lor is expecled lo pro vide $ 31,000 in Proj ect fi nanci ng, and . in any even t, is responsible for all Project cost in excess of S 31 .000 . Copies of any and all co ntrac ts entered into by the Contractor in order to accomplish th is Project shall be subm itted to the Department of Local Affairs. Smart Gro w1h Office. upon exec ution . and any and all conlracts ente red into by the Contraclor or any of its subc on trac tors shall comply w,th all applicable Federal and Colorado Stale laws and shall be governed by the laws or the State of Colorado nolwithsland ing pro visio ns th ere in to the contrary . 2. GROWTH IMPACT The Conl raclor an d neighboring jurisdicllons along the light ra il corr idor in lhe so ulhwestem section of the Den ver melropolitan area have been affec ted by changing commuter and hous ing devel opment patterns since th e light ra il lin e became operational. 3. TIME OF PERFORMANCE The Pro je ct shall co mmence upon the full and proper ex ecut ion of this Contract and shall be completed on or before March 31 , 2003 . However. in accorda nce with Paragraph 8 co ntained within lhe main body of th is Conl raot , the Project time oi perform ance may be ex tended by ChanGe Leiter, subjec t to mulUal agreement of Ihe State and Conlrar.tor . To in itiate this process, a written request shall be subm itted to the Slate by the Contrac tor al least thi rty (30) days prior lo March 31 , 2003 , and shall inc lude a full justification for th e lime exle nsi on . Page 1 or 2 Pages CHPGP • #00112B Englewood Transit Oriented Development Effective October , 2000 EXHIBIT A SCOPE OF SERVIC ES 4, BUDGET 5, 6. CHPGP Funds REVENUE $31 000 TOTAL $31 ,000 PAYMENT SCHEDULE II . Ill . $3,100 24 ,800 ;iJ.QQ $31 ,000 Initial grant payments . lntPrim payment requesls . Final payment. CONTRACT MONITORING EXPENDITURES Oxford/Englewood Stations Sll.QQQ Master Plan TOTAL $31,000 The Slate shall monitor this Contract on an as-needed basis . 7. REPORTING SCHEDULE The Contractor shall submit financ ial and n.rrative status reports detailing Proj ect progress and properly documenting all to-date expenditures of CHPGP Funds at the lime payment requests are made , in accordance with the Payment Schedule contained in Exhibit A. The Contracto r shall submit financ ial and narrative status re ports detailing Project progress ana ~·operly documenting all lo-date expenditures of CHPGP Funds al the lime payment requ ests are made, in acco rdan ce with the Payment Schedule contained in Exhib it A. The Contrac tor is requ ired lo subm it an annual report on forms provided by the Department of Local Affairs . Page 2 of 2 Pages • COUNCIL COMMUNICATION DAT!:: AGENDA ITEM SUBJECT: April I 5, 2002 1 1 a iii Inter-Governmen tal Agreemen t Heritage Plaonin2 Grant INITIATED BY : STAFF SOURCE: Community Development Deoartment Bob Simpson Community Development Director RECOMMENDED ACTION: Staff recommends that City Council approve the attached Bill for Ordinance approving an Inter- Governmental Agreemen t (IGA) between th e City of Engle w ood and th e Co lo rado D epartment of Loc al Affairs (DOLA). Th e Agreement is necessary for the City to accept a $31 ,000 H erit age Pl annin g Grant funding a study focused on the trans it influence areas of both the Englewood LRT Station and the Oxford LRT Stat ion. BACKGROUND : Englewood applied for and received a $3 1,000 grant awa rd to plan for anticipated development within the influence areas of two li ght rail stations, Engl ewood and Oxford. The project scope and specific issues to be studied incl ud e: I . Definition of the Englewood /Oxford Station influ ence areas : The geographi c extent of the influence th at th e Englewood/Oxford Stati ons wi ll ha ve on redevelopment opportunities is related to th e current or futur e mi x of land uses; th '?ir proximity and co nne ction to oth er regional transp ortati on res ou rces such as South Santa Fe Drive, U.S. WS, and l-25and ; thteir proximity to regiona l rec reati on resources such as the Englewood Civic Center, downtown Englewood, Englewood Recreation Center, Englewood Golf Course and the South Platte River trail system. Deli vera bles include maps of influ ence areas in an ele ctron ic format compatible with the City's GIS sys tem . 2. Land us e inventory: Identifica ti o n of current uses and land va lu es wi thin th e Englewoot · ,xford Stati on influence areas. Deliverables include both a land valu e data base and land use m•~s in an electronic format compatibl e with the City's GIS 3. Market Analysis : Determine the specific mix of uses mos t app ropri ate for the Englewood/O xford Station influence areas and the critica l mass of such uses necessary to insure lo ng-t erm sustainabilir,-. Id en tify critical properties necessary for succe,sful red evelopm ent as well as land assemblage opportunities. Evaluate the adequacy of existing public infrastru cture and re commend necessary infrastructure improvement as well as available and appropriate funding sources and mecha nisms . 4 . Master Pl an: Des cribe and document th e pre ferred long-te rm develo pment patterns surrounding th e Englewood/Oxford Stations. Identi fy specific transit oriented c, and desirable phasing of development within a twenty year planning horizon . Coordinated this work w ith th e City's current comprehensi ve planning project and So uth Platte Ri ve r ~oen space and recreation stud\·. Englewood's Charter req uires an Ordinance by Coun ci l to en ter in to an Inter-Governm ental Agree ment to accept grant funding. FINANCIAL IMPA(.J; En glewood will receive $31 ,000 in three payments during th e one-yea r term of the agreement. Community Dev elopm ent staff will administer thi s contract. No additional financia l impacts ha ve be en identified. LIST OF ATTACHMENTS : Bill for Ordinance Inter-Governmental Agreem ent •