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HomeMy WebLinkAboutResolution-1999-0016 RESOLUTION NO. 16 SERIES OF 1999 TITLE: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY R-1 SCHOOL DISTRICT FOR THE KULLERSTRAND ELEMENTARY SCHOOL PLAYGROUND RECONSTRUCTION PROJECT WHEREAS, Jefferson County R-l School Dlstnct and Kullerstrand Elementary School deslres to reconstruct the playground at Kullerstrand Elementary School site; and WHEREAS, The City of Wheat Ridge deSires to assist with the reconstructIOn of the playground at the Kullerstrand Elementary School Site, and WHEREAS, The Clty of Wheat Ridge Will appropnate $25,000 to reconstruct thc playground at the Kullerstrand Elementary School, and WHEREAS, The playground Will be open to the public, and NOW THEREFORE, BE iT RESOLVED BY THE CiTY OF WHEAT RIDGE CITY COUNCIL THAT Section 1 The Mayor and City Clerk be authorized to sign the Intergoven1lllental Agreement with Jefferson County R-l School Dlstnct for the Kullerstrand Elementary School Playground ReconstructIOn ProJect. DONE AND RESOLVED THIS ;>lith DAY OF APRIL, 1999 Attest. ~,c\~, , r "" \ \ '-' \ \J :> , \ --' -' ."'r"'_,,,,~....-'\ ~ , , Wanda Sang, City, Clerk INTERGOVERNMENTAL AGREEMENT FOR PLAYGROUND RECONSTRUCTION AT KULLERSTRAND ELEMENTARY SCHOOL THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 27th day of April 1999, by and between the Jefferson County School District No R-l, a political subdivision of the State of Colorado, heremafter referred to as "District", and the City of Wheat Ridge, Colorado, a municipal corporation, hereinafter referred to as "City" WITNESSETH. THAT, WHEREAS, the District proposes to reconstruct and improve a playground on District owned land, Kullerstrand Elementary School, located within the City of Wheat Ridge at 12225 W 38th Avenue, which construction and improvements are referred to herein as the "Project," WHEREAS, as the School District and the City are authorized and empowered under C.RS, 929- 1-201, et seq As amended, to enter into mtergovernmental agreements; and WHEREAS, the Distnct and the City now desire to evidence this agreement as well as provide for the manner and method for the Project to be developed, NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herem, agree as follows The District shall submit to the City a development proposal for the Project. The City shall have the Tight of review and approval of the development proposed, which approval shall not be unreasonably denied. The Playground shall be designed to all current Consumer Product Safety Standards and the Americans with Disability Standards, and all other recognized Playground Safety Standards, 2 The total playground Project budget shall be $94,000 Great Outdoors Colorado (GOCO) shall provide $22,500 00 The City shall contribute $25,000 to the Project. The District shall contribute $46,500 00 3 The City shall administer the GOCO grant in accordance with proviSIOns of GOCO Grant Agreement Contractor Number 9243 4 The District will insure the playground IS mamtained for the 25 year reqUirement by GOCO 5 The City will collect the payment from GOCO and reimburse the District up to $22,500, but not more than the City collects from GOCO 6 The District will construct Project signage required by GOCO Grant. 7 The playground Project will be completed by the date of "substantial completion" in the Contract for construction, which shall not be later than June, 2000 8 The District shall enter into a Contract with a Contractor for construction of the Project. The District will require that it's Contractor provide a Performance, Labor and Material Bond in the full amount of the Contract for work. The District will require the Contractor to provide a two year warranty for all work performed. At the end of the warranty period, the District will release the Contractor from further obligation with written consent from the City 9 The playground shall be open to public use. 10 The City may observe construction of all on site development improvements at Its discretion. The City may notifY the District in writing of any concerns. 11 The School District agrees to use its best efforts to complete development of the Project prior to December 31, 1999 12, The terms of this Intergovernmental Agreement shall become binding upon all parties hereto upon mutual approval of this Agreement by the District Board of Education and the Wheat Ridge City Council, and shall remain in effect until such time as both parties agree to dissolve, vOId or amend thiS Agreement. 13 To the extent permitted by law, but without waivmg any of the protections afforded by the Colorado Governmental Immunity Act, each party shall hold the other, its officers, agents, servants, employees, and those actmg on its behalf, while acting as such, harmless and free from liabilIty for all damages, costs, or expenses, including reasonable attorney fees and legal costs, which any of them shall become obligated to defend or pay by reason of lIability alleged or imposed by law because of property or injury to or death of persons, received or suffered by reason of or dUTlng the operation of each respective party's programs or activities or from its use of the property 14 The parties hereto may amend or modifY this agreement only by written mstrument executed on behalf of the City by an authoTlzed representative and executed on behalf of the District by an authoTlzed representative thereof 15 The District and the City are mdependent entitles and nothing herem contained shall constitute or designate either party or any of their employees, contractors, or agents as agents or employees of the other 16 This agreement shall not relieve the Distnct from reqUirements imposed by other parties of interest. The District shall remain responsible for any obligations and responsibilities Imposed by interests other than the City 2 17 Titles of paragraphs or section of the agreement have been included solely for the convenience of the parties and are not to be considered or deemed a part of this agreement, nor are they intended to be a full or accurate description of the contents thereof 18 The Agreement may be executed in counterparts, each ofwluch shall be deemed an onginal. 19 This Agreement contains the entire agreement between the parties with regard to its subject matter, and no statement, promises, or inducements made by either party or agent of either party that are not contamed within this written contract shall be valid or bmding; and this contract may not be enlarged, modified, or altered except in writmg with future site speCific letters of agreement or amendments to this agreement, signed by the parties and endorsed hereon. 20 It is understood and agreed by the parties hereto that if any part, term, or provision of this contract is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaming portions or proVIsions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as If the contract did not contain the particular part, term, or provision held to be mvalid. 21 The underSIgned hereby acknowledge and warrant their power and authonty to bmd the parties to this agreement. 22. It IS the mtent of the parties that the obhgations specified in the Agreement and each Letter of Agreement entered into pursuant to this Agreement shall remam effective only so long as each party has duly appropriated funds for performing such obligations for the party's current fiscal year If for any fiscal year of either party funds are not appropriated for such party's performance of its obligations under this Agreement or any Letter Agreement, as the case may be, shall become VOId and such party shall promptly give notice to the other party ofthe non-appropriatIOn of funds. NotwIthstanding anything herein to the contrary, It is the intent of the partIes that this Agreement and each Letter of Agreement entered into pursuant to this Agreement shall comply with Colorado law and, in particular, with the provisions of Article X, Section 20 of the Constitution of the State of Colorado so that to the extent any provision of this Agreement or any Letter of Agreement entered mto pursuant to this Agreement constitutes a multiple-fiscal year financial obligation of a party, such party shall irrevocably pledge present cash reserves in an amount that is adequate to pay those obligations which will extend beyond the current fiscal year of such party 3 ATTEST CITY OF WHEAT RIDGE APPROVED AS TO FORM. ---.~_.- ~ ' '. "\ r._, " ",\~,,~ \\f. Wanda Sang, City Clerk 4J~I1~ Office of City Attorney JEFFERSON COUNTY SCHOOL DISTRICT NO R-l President of the Board of Education ATTEST Secretary APPROVED AS TO FROM AND CONTENT R-l School District Attorney 4