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HomeMy WebLinkAboutResolution-1999-0035 RESOLUTION NO. 35 Series of 1999 TITLE. A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat Ridge provides express authority to enter into intergovernmental agreements providing cooperative efforts between governments, and WHEREAS, the existing outfall of the Harlan Street Storm Sewer has been an ongoing annual maintenance problem for the District and the City; and WHEREAS, the property surrounding this outfall has recently been purchased by the City; and WHEREAS, the City has the intention of constructing recreation facilities directly adjacent to this outfall which in its present condition, presents a safety concern for potential users of these recreation facilities, and WHEREAS, in response to a request from the City, the Urban Drainage and Flood Control District has made available to the City $100,000 of their 1999 maintenance funds for this project; and WHEREAS, the City has sufficient funds specifically designated for this project in the Capital Projects Fund budget for 1999 to provide the required share of $30,000, NOW, THEREFORE, BE IT RESOLVED that: Sec 1 The mayor of the City of Wheat Ridge is hereby authorized to execute an intergovernmental agreement with the Urban Drainage and Flood Control District to design and construct the Harlan Outfall Improvement Project to eliminate a maintenance and safety problem. DONE AND RESOLVED THIS I~ q!: day of May, 1999 I A~_~ Wanda Sang, City Cle~ AGREEMENT REGARDING CONSTRUCTION OF MAINTENANCE IMPROVEMENTS TO HARLAN STREET QUTF ALL, CITY OF WHEAT RIDGE JEFFERSON COUNTY Agreement No 99-04 12 THIS AGREEMENT, made thIS day of ,1999, by and between the URBAN DR..<\INAGE AND FLOOD CONTROL DISTRICT (heremafter called "DISTRICT") and the CITY OF WHEAT RIDGE (hereinafter called "CITY") and collectively known as "PARTIES," WITNESSETH WHEREAS, the Colorado General Assembly m 1979 and 1983 amended 32-11-217( I )(C), Colorado Revised Statutes 1973 to authorize DISTRICT to levy up to four-tenth.( 4) mIll for the mamtenance and preservation of tloodways and floodplams Within the DISTRICT, and WHEREAS, 32-11-203, Colorado Revised Statutes 1973, as amended in 1979 and 1983, further authorizes DISTRICT's Board of DIrectors to institute a systematic and umform program of preventive mamtenance for such tloodways and floodplains within the DISTRICT, and WHEREAS, DISTRICT's Board of Directors, pursuant to such authorizatIOn, adopted a budget for 1999 (ResolutIOn No 84, Series of 1998) which mcludes funds for preventive maintenance of dramage and flood control facilIties withll1 the DISTRICT, and WHEREAS, DISTRICT's Board of Directors revIewed and authorized expenditures for the 1999 MaIlltenance Work Program (ResolutIOn No 104, Series of 1998), and WHEREAS, DISTRICT's Board of Directors authorized the Executive Director to contract for those services necessary to Implement the 1999 Mall1tenance Work Program (Resolution No. 104, Series of 1998); and WHEREAS, DISTRICT's Board of Directors adopted a policy that sets forth DISTRICT policy regardll1g the maintenance of drainage and flood control facilitIes withll1 the DISTRICT (ResolutIOn No. 41, Senes of 1978); and WHEREAS, DISTRICT IS constructll1g mall1tenance improvements on Harlan Street Outfall downstream of 49th Avenue; and WHEREAS, CITY and DISTRICT wish to enter lI1to a cost share agreement for the construction costs. NOW, THEREFORE, 111 consideratIOn of the mutual promises contained herein, the Parties agree as follows: 1. SCOPE OF THIS AGREEMENT ThiS Agreement defines the responsibilIties and financial commitments of CITY and DISTRICT with respect to Harlan Street Outfall Improvements within CITY and as defined herein. maint\agreemnt\990412 2. SCOPE OF PROJECT The project wIll consist of construction of mamtenance improvements to Harlan Street Outfall downstream of 49th A venue as approved by CITY and DISTRICT 3 PUBLIC NECESSITY CITY and DISTRICT agree that the work performed pursuant to this Agreement IS necessary for the health, safety, comfort, convenrence, and welfare of all the people of the State, and are of particular benefit to the mhabltants of CITY and DISTRICT and the property therem. 4 PROJECT COSTS CITY and DISTRICT agree that for the purposes of this Agreement project costs shall consist of, and be lImited to, construction of DISTRICT and CITY improvements to Harlan Street Outfall. It is understood that project costs are not to exceed $130,000 without amendment to this Agreement. 5 ALLOCA TION OF COSTS AND FINANCIAL COMMITMENTS OF DISTRICT AND CITY DISTRICT and CITY shall each contribute to project costs for elements of project as defined m Paragraphs 2 and 4 of this Agreement as follows: Maximum ContributIOn DISTRICT $100,000 CITY 30,000 TOTAL $130,000 Payment of each party's full share (CITY - $30,000; DISTRICT - $100,000) shall be made to DISTRICT subsequent to executIOn of this Agreement and withm 30 days of request for payment by DISTRICT The payments by DISTRICT and CITY shall be held by DISTRICT m a special fund to pay for increments of the project as authorized by DISTRICT and CITY, and as defined herein. DISTRICT shall provide a peoodic notification to CITY of any unpaid obligations. In the event that upon completion of the project there are monies remaming which are not committed, obligated, or dispersed, each party shall receive the remaining portion of their share. 6. TERMINATION OF AGREEMENT This Agreement may only be terminated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent, outstandIllg contracts. All costs associated With the cancellation of the contingent contracts shall be shared between the PARTIES 7. TERM OF THE AGREEMENT The term of the Agreement shall commence upon final execution by all PARTIES and shall terminate one year after the final payment is made to the contractor and the final accountmg of funds on depOSit at DISTRICT IS proVided to CITY and DISTRICT pursuant to Paragraph 5 herein. maintlagreemnt\990412 2 8 LIABILITY Each party hereto shall be responsible for any SUitS, demands, costs or actIOns at law result1l1g from ItS own negligence and may Insure agaInst such possibih!les as appropTlate. 9 CONTRACTING OFFICERS AND NOTICES A. The contractIng officer for CITY shall be The Purchasing Agcnt, City of Wheat RIdge, 7500 West 29th Avenue, Wheat Ridge, CO 80034 B The contracting officer for the DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite l56B, Denver, CO 80211 C. Any notices, demands, or other commUnicatIOns required or permitted to be given by any proVISIOn of this Agreement shall be given in writing, delivered personally or sent by certified mail, postage prepaid and return receipt requested, addressed to the parties at the addresses set forth above or at such other address as either party may hereafter or from time to !lme designate by WTltten notice to the other partIes gIVen in accordance herewIth. Notice shall be conSidered given when personally delivered or mailed, and shall be considered received in the earlIer of the day on which such notice IS actually received by the party to whom it is addressed, or the third day after such notice is mailed. 10 AMENDMENTS This Agreement contains all of the terms agreed upon by and among CITY and DISTRICT. Any amendments or modifications to thiS Agreement shall be in wnting and executed by the PARTIES hereto to be valId and bindmg, II SEVERABILITY If any clause or proviSIOn herein contaIlled shall be adjudged to be invalId or unenforceable by a court of competent Jurisdictlon or by operation of any applicable law, such Illvalid or unenforceable clause or proviSion shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 12. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue shall be in Jefferson County, Colorado 13 ASSIGNABILITY No party to thiS Agreement shall assign or transfer any of ItS rights or oblIgations hereunder without the pTlor written consent of the nonasslgning party to thiS Agreement. 14. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of the PARTIES hereto and to their respective successors and permitted assigns. maintlagreemntl990412 3 18. ENFORCEABILITY The PARTIES hereto agree and acknowledge that this Agreement may be enforced In law or In eqLllty, by decree of specific performance or damages, or such other legal or eqLlltable relief as may be available pursuant to law In the State of Colorado 19 NO DISCRIMINATION IN EMPLOYMENT In eonnection With the performance of work under this Agreement, CITY and DISTRICT agree not to refuse to hIre, discharge, promote or demote, or to dlscrimIllate in matters of compensatIOn against any person otherwise qualified on the basis of race, color, ancestry, creed, religIOn, national ongin, gender, age, military status, sexual onentatlOn, marital status, or phYSical or metal disability and further agree to insert the foregoing provISIon In all subcontracts hereunder WHEREFORE, the PARTIES hereto have caused this Illstrument to be executed by properly authorized signatures as of the date and year above wntten. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (SEAL) By ATTEST Title Executive Director Date CITY OF By 11111 I f.{' I" , I (j Date V'r1/J d f I JCjq Cj maint\agreemnt\990412 4