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HomeMy WebLinkAboutResolution 49, 2019INTERGOVERNMENTAL AGREEMENT STORMWATER DRAINAGE IMPROVEMENTS This Intergovernmental Agreement (the "Agreement") is made and entered into this day of , 2019 (the "Effective Date") by and between the Town of Mountain View, a Colorado home rule municipal corporation ("Mountain View") and the City of Wheat Ridge, a Colorado home rule municipal corporation ("Wheat Ridge") (each individually a "Party" and collectively the "Parties"). WHEREAS, C.R.S. § 29-1-203 authorizes the Parties to cooperate and contract with one another regarding functions, services and facilities each is authorized to provide; WHEREAS, the Parties own and operate individual stormwater drainage systems; WHEREAS, Wheat Ridge owns and operates a regional stormwater drainage pipeline under Fenton Street, which could assist in the transportation of stormwater flow from tributary areas to the south of W. 41st Avenue and Eaton Street; WHEREAS, the Parties recognize the significant benefit to their customers to cooperate in stormwater infrastructure; WHEREAS, the Parties specifically recognize that the shared use of stormwater drainage avoids the unnecessary duplication of such infrastructure; and WHEREAS, the Parties desire to enter into this Agreement to demonstrate a commitment to cooperate in the development of stormwater drainage improvements and to use the stormwater line owned by Wheat Ridge to transport stormwater flows captured south of W. 41st Avenue and Eaton Street. NOW THEREFORE, the Parties, in and for the consideration of the performance of the mutual promises set forth herein, the receipt and adequacy of which is hereby acknowledged, for themselves and their successors, do hereby agree as follows: 1.Stormwater Drainage Improvements (the "Improvements"). The Parties agree thatMountain View shall be responsible for constructing and maintaining the Improvements at its sole cost. The Improvements will convey flows from tributary areas to the south of W. 41st Avenue. The Improvements are comprised of curb and gutter, 10' type R inlet, 24" RCP and a manhole that connects to the existing 60" RCP storm line in Fenton Street, all as more particularly set forth in Exhibit A. 2.Conditions of Construction. Mountain View agrees to obtain any required permits for construction of Improvements in Wheat Ridge rights-of-way prior to commencing construction and to provide Wheat Ridge with a detailed set of as-builts plans within thirty (30) days of completion of Improvements. 3.Term. This Agreement shall become effective on the Effective Date and shallremain in effect until the Improvements are complete and as-builts provided per Paragraph 2 above, unless terminated by the Parties. Thereafter, only Paragraph 1 shall remain in effect. 9th September 4.Assignment. This Agreement may not be assigned in whole or in part without written consent of the other Party. 4.Relationship of Parties. This Agreement does not and shall not be construed ascreating a relationship of joint ventures or partners between the Parties. 5.Modification. This Agreement may be modified, amended, changed or terminated,in whole or in part, only by an agreement in writing duly authorized and executed by the Parties. No consent of any third party shall be required for the negotiation and execution of any such agreement. 6.Waiver. The waiver of a breach of any provision of this Agreement by either Partyshall not constitute a continuing waiver or a waiver of any subsequent breach of the same or another provision of this Agreement. 7.Integration. This Agreement contains the entire agreement between the Parties and no statement, promise, or inducement made by any Party or the agent of any Party that is not contained in this Agreement shall be valid or binding. 8.Severability. Invalidation of any of the provisions of this Agreement or of anyparagraph, sentence, clause, phrase, or work herein, or the application thereof in any given circumstance, shall not affect the validity of any other provision of this Agreement. 9.Governing Law and Venue. This Agreement shall be governed by the laws of theState of Colorado, and any legal action concerning the provisions hereof shall be brought in Jefferson County, Colorado. 10.Fax and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one Agreement. In addition, the parties agree to recognize signatures of this Agreement transmitted by telecopy or email as if they were original signatures. 11.Insurance; Negligence; No Waiver of Governmental Immunity. Each Party isresponsible for its own negligent acts and omissions. The Parties, their directors, officers, agents and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this Agreement, the monetary limitations or any other rights, immunities, or protections afforded by the Colorado Governmental Immunity Act, C.R.S § 24-10-101, et seq. as the same may be amended. 12.TABOR. Notwithstanding other provisions in this Agreement to the contrary, the Parties understand and acknowledge that they are subject to Article X, § 20 of the Colorado Constitution ("TABOR"). a.The Parties do not intend to violate the terms and requirements of TABOR by theexecution of this Agreement. b.It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Parties are expressly TOWN OF MOUNTAIN VIEW By: Glenn Levy, Mayor ATTEST: Sarah Albright, Town Clerk APPROVED AS TO FORM: _____________________________ Evin B. King, City Attorney EXHIBIT A Improvements Scope of Work [Attached] EXHIBIT A