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Home My WebLink About1998 Ordinance No. 036• • • • ORDINANCE NO. 3(p SERIES OF 1998 \ \, \ If J. -t..I/: 10 bi \ ~ '-1(,/q& BY AUTHORITY \ COUNCil BILL NO . 25 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND ENGLEWOOD PUBLIC SCHOOLS PERTAINING TO THE DEVELOPMENT OF ATHLETIC FIELDS LOCATED AT CLAYTON SCHOOL. WHEREAS, the City of Englewood and the Englewood School District consider it to be in their mutual interest to cooperate in the development of athletic fields at Clayton School; and WHEREAS, the City and the Englewood School District have set forth their respective obligations in the Intergovernmental Agreement; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The intergovernmental agreement between Englewood Public Schools and the City of Englewood, Colorado pertaining to the development of athletic fields located at Clayton School , attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 18th day of May, 1998 . Published as a Bill for an Ordinance on the 22nd day of May , 1998. Read by title and passed on final reading on the 1st day of June , 1998 . Published by title as Ordinance No.~, Series of 1998, on the 5th day of June , 1998 . -1 - I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing i_s a true cop.rpf the . Ordinance passed on final reading and publishe d by title as Ordinance No . -~-' Series of 1998. -2- • • • .. , •· • • COUNCIL COMMUNICATION Date Agenda Item Subject Intergovernmental Agreement -Clayton Athletic May 18, 1998 10 a i Field Initiated By Staff Sources Jerrell Black, Director Department of Parks and Recreation Gary Hultberg, Recreation Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Intergovernmental cooperation RECOMMENDED ACTION Staff recommends that Council approve a Bill for an Ordinance authorizing an Intergovernmental Agreement between the City of Englewood and the Englewood School District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Parks and Recreation staff has been working with the Englewood School District, the Englewood Soccer Association, the Englewood Youth Sport Association , and Clayton PTO in an effort to develop a multi-use athletic field at Clayton Elementary School. This Agreement will provide the following: • Outline the City and School District responsibilities regarding the ongoing maintenance of the two (2) acre site. • Provide for a twenty-five (25) year operations agreement that will allow the City to pursue Great Outdoors Colorado (GOCO) grant funding. • Allow for the City to schedule the fields for City based youth sport programs after school hours. FINANCIAL IMPACT The Council has approved $25,000 in the Conservation Trust Fund towards construction. The City's annual maintenance cost for the new field area is estimated at $3,000. Total project cost is $80,000 - $90 ,000. A community fund-raising effort is currently in progress. LIST OF ATTACHMENTS Proposed Bill for an Ordinance Intergovernmental Agreement .. .. r • • • AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD SCHOOL DISTRICT This agreement, entered into this __ day of , 1998, by and between the City of Englewood, a Colorado Home Rule Municipality (herein called "City") and the Englewood School District. WHEREAS , the City and the Englewood School District consider it to be in their mutual interest to cooperate in the development of athletic fields at Clayton School; and WHEREAS, the City and the Englewood School District desire to set forth their respective obligations; and WHEREAS , the City and the Englewood 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 Englewood School District such that the parties may cooperate in the development of athletic fields at Clayton School. SECTION TWO CITY'S OBLIGATIONS The City shall have the following obligations with respect to the Englewood School District and the athletic fields at Clayton School: 1. The City shall be responsible for labor costs associated with all turf maintenance including irrigation costs. 2. The City shall be responsible for labor costs associated with backstop maintenance . 3 . The City shall be responsible for costs associated with soccer goals and field lining. 4 . The City shall be responsible for miscellaneous maintenance including, but not limited to, trash pick up and removal. 5. The City shall be responsible for athletic field scheduling after school hours and when school is not in session. Scheduling preference will be given to Clayton and Sinclair School students. 6 . The City of Englewood , Colorado shall pay $1.00 annually to the Englewood Public Schools for the use ofthis property . E x H I B I T A SECTION THREE ENGLEWOOD SCHOOL DISTRICT OBLIGATIONS The Englewood School District shall have the following obligations with respect to the City of Englewood and the athletic fields at Clayton School. 1. The Englewood School District shall be responsible for utility and water costs. 2 . The Englewood School District shall be responsible for the cost of materials associated with irrigation repair. 3 . The Englewood School District shall be responsible for the cost of materials associated with backstop repair . SECTION FOUR MISCELLAL'IBOUS 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 by 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 effect 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 breach 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 conditi ons of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and the Englewood 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 Englewood School District that any person other than the City or the Englewood School District receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 2 " - • • • .. • • • 7. Either party to the Agreement may terminate the Agreement by giving to the other one (1) year notice in writing with or without good cause shown. Upon delivery of such notice and upon expiration of the one (1) year period, all services in connection with the performance of the Agreement shall cease . As soon as practicable after receipt of notice of termination, each party shall submit a statement showing in detail the services performed under the Agreement to the date of termination. 8 . 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. 9. The parties 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 at all reasonable times during the period of the Agreement. On request, copies of such records shall be furnished to the City for the City's permanent records . 10. The City and the Englewood School District will establish safeguards to prohibit its employ ees , 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 . 11. 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. 12. Any notice to be given hereunder s hall be deemed given when sent by registered or certified mail to the addresses below . Englewood School District 4101 South Bannock Street Englewood, Colorado 80ll0 City Manager City of Englewood 3400 South Elati Street Englewood, Colorado 80ll0 13 . 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 . 14 . The City and the Englewood 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 . 15. 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 . 3 IN WITNF.SS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ATTEST: Loucrishia A. Ellis, City Clerk ATTEST: 4 CITY OF ENGLEWOOD Thomas J. Burns, Mayor ENGLEWOOD SCHOOL DISTRICT Yl;o~'11 ... .. • • •