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HomeMy WebLinkAbout09744RESOLUTION NO. 9744 A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF THE AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY CORP OF ENGINEERS AND THE CITY OF COLORADO SPRINGS FOR THE FOUNTAIN CREEK WATERSHED STUDY AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Intergovernmental Agreement For Funding of the Agreement Between The Department of The Army and The City of Colorado Springs For The Fountain Creek Watershed Study ( "Intergovernmental Agreement'), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 This Resolution shall become effective upon final approval and passage. INTRODUCED December 23, 2002 BY Al Gurule Councilperson APPROVED: resident of City Council ATTEST: city c e INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF THE AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF COLORADO SPRINGS FOR THE FOUNTAIN CREEK WATERSHED STUDY THIS AGREEMENT, dated for reference this 25 day of February, 2003, is made by and between the City of Colorado Springs, a Colorado municipal corporation and home rule city (hereinafter the "CITY ") and the following governmental entities: Pueblo, Green Mountain Falls, Manitou Springs, Monument, Palmer Lake, Fountain, Woodland Park, Pueblo County, El Paso County, and Teller County, (hereinafter the "Co- Funders "). The Parties Agree as Follows: SECTION I - AUTHORITY: This intergovernmental agreement is made under authority of Colorado Constitution, Article XX, Section 6; Colorado Constitution Article MV, Section 18; and Section 29 -1 -203 C.R.S. SECTION II - PURPOSE: The purpose of this intergovernmental agreement is to provide joint funding for the Agreement Between the Department of the Army and the City of Colorado Springs for the Fountain Creek Watershed Study (the "STUDY "). SECTION III - INTERGOVERNMENTAL AGREEMENT TERM: The term of this Intergovernmental Agreement shall commence at 1:00 am on the 25' day of February, 2003 and shall end at 11:59 pm on the 31st day of March, 2007 or termination of the STUDY, unless otherwise sooner terminated per the provisions of this Agreement. SECTION IV - EXPENDITURES: Expenditures and Fees of Each Party Deemed Expenditures of That Party: The Parties to this Agreement agree that the purpose of this Agreement is to jointly accomplish pursuant to C.R.S. Section 29 -1 -203 activities which could be performed separately by each Party. Accordingly, it is agreed and understood for purposes of the Colorado Constitution, Article X Section 20, and the Colorado Springs City Charter, that any fees contributed or paid, or otherwise provided by any Party to this Agreement to another Party to this Agreement are and remain an expenditure of the contributing, paying, or otherwise providing Party, and are not revenue or expenditures of the receiving Party. SECTION V - THE STUDY FUNDING AND PARTICIPATION: V.I. The Parties agree that the CITY shall contract, on behalf of the Parties, with the Department of the Army, for the STUDY. The Parties further agree that this STUDY benefits them all, and that each Party's funding share and in -kind contributions will be provided by each Party to the CITY in the amounts and services set forth in Exhibit A, which is attached to this Agreement and hereby made a part of this Agreement. Excess Study Costs, as defined by the STUDY, shall be paid by the Parties hereto in proportion to their financial contributions in Exhibit A, subject to additional appropriations. The CITY shall use all of these funds to finance the STUDY in accord with the terms of the STUDY. In the event any funds are reimbursed by the Department of the Army under the terms of the STUDY, those funds will be shared by the Parties in proportion to the funding provided by each Party. V.2. Study Advisory Committee. A Study Advisory Committee (Committee), which shall be a non- voting Committee, shall be established to provide input and coordination on STUDY tasks and technical issues. The CITY will provide important input and information from the Committee to the Study Management Team established under the STUDY Agreement. This input and coordination may be provided through periodic meetings, reviews and comments on STUDY work products, and/or other methods as determined by the Committee. CITY Committee members shall consist of the CITY's Project Manager for the Study and other CITY representative(s) that are designated to the Study Management Team; Colorado Springs Utilities may also designate in writing one (1) member to the Committee. Each Co- Funder, the Colorado Water Conservation Board (CWCB) and the Colorado Department of Local Affairs (DOLA) may each provide, by designation in writing from their Chief Administrative Officer, one (1) employee as a member to the Committee. The Committee may invite other entities and agencies, such as the Pikes Peak Area Council of Governments (PPACG), the Pueblo Area Council of Governments (PACOG) and the Pikes Peak Regional Building Department -- Floodplain Administration (PPRBD) to provide one (1) employee to attend meetings and to provide input and information to the Committee on STUDY tasks and technical issues as it deems necessary. If any Party fails to appropriate its share of the funds for this Agreement in any given appropriation year, then that Party shall lose its right to participate in the STUDY or on the Committee until those appropriations have been made and paid over in accord with this Agreement. SECTION VI - GENERAL TERMS AND CONDITIONS: VIA. Assignment. A Party shall not assign or otherwise transfer this Intergovernmental Agreement or any right or obligation hereunder without the prior written consent of the CITY. VI.2. Law. This Intergovernmental Agreement is subject to and shall be interpreted under the law of the State of Colorado, and the Charter, City Code, Ordinances, Rules and Regulations of the City of Colorado Springs, Colorado, a Colorado Home Rule City. Court venue and jurisdiction shall exclusively be in the Colorado District Court for El Paso County, Colorado. VI.3. Appropriation and availability of funds — CITY. In accord with the Colorado Constitution, Article X, Section 20, and the CITY Charter, performance of the CITY's obligations under this Intergovernmental Agreement are expressly subject to appropriation of funds by the Colorado Springs City Council. Further, in the event that funds are not appropriated in whole or in part sufficient for performance of the CITY's obligations under this Intergovernmental Agreement, or appropriated funds may not be expended due to Constitutional `� or CITY Charter spending limitations, then the CITY may terminate this Intergovernmental Agreement without compensation to Co- Funders. VIA. Appropriation and availability of funds - Co- Funders. In accord with the Colorado Constitution, Article X, Section 20, performance of any Co- Funder's obligations under this Intergovernmental Agreement are expressly subject to appropriation of funds. Further, in the event that fimds are not appropriated in whole or in part sufficient for performance of any Co- Funders's obligations under this Intergovernmental Agreement, or appropriated funds may not be expended due to Constitutional spending limitations, then that Co- Funder may terminate its participation in this Intergovernmental Agreement without compensation to the CITY or any Co- Funders. VI.5. Termination. The City may terminate this Intergovernmental Agreement for convenience upon 30 days prior written notice to the Co-Funders, in the event the STUDY Agreement is terminated. In the event any locally contributed fiords are reimbursed by the Department of the Army under the terms of the STUDY, or in the event such locally contributed funds have not yet been transferred to the Department of the Army, those fiords, less any remaining STUDY expenses required to be paid to the Department of the Army under the terms of the STUDY, will be returned by the CITY to the Co- Funders in proportion to the funding provided by each Co- Funder. Any Co- Funder may terminate for convenience its participation in this Agreement upon 60 days prior written notice to the other Parties, however, in the event of such termination, that Party shall forfeit any appropriated funds paid over to the City pursuant to this Agreement and shall remain liable for its share of any additional STUDY expenses incurred by the CITY or the federal Government prior to the date of termination. VIA. Local Concern. The Parties agree and acknowledge that the activities contained in this Agreement are matters of local concern only, and that the Parties have mutually joined together for the performance of the matters of local concern, and that nothing in this agreement shall be construed as making any of the local concerns covered herein matters of mixed concern or statewide concern. VI.7. Entire Agreement. This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the Parties hereto, and all other representations or statements heretofore made, verbal or written, are merged herein, and this Agreement may be amended only in writing, and executed by duly authorized representatives of the Parties hereto. VIX Nonwaiver of Rights. No waiver of default by a Party of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by another Party shall be construed, or shall operate, as a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained to be performed, kept, and observed by that other Party. VI.9. Headings. The headings of the several articles and sections of this Agreement are inserted only as a matter of convenience and for reference and do not define or limit the scope or intent of any provisions of this Agreement and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 3 VI.10. Integration. This is a completely integrated Agreement and contains the entire agreement between the Parties. Any prior written or oral agreements or representations regarding this Agreement shall be of no effect and shall not be binding on the Co- Funders or the CITY. Further, the Co- Funders and the CITY acknowledge and agree that this is a negotiated text agreement, and that as such no term shall be construed against the CITY as the author thereof. VIAL No Third Party Beneficiary. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity on such Agreement. It is the express intention of the Parties hereto that any person or entity, other than the Parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be incidental beneficiaries only. VI.12. Compensation. Except as otherwise stated in this Agreement, no Party to this Agreement shall be required to pay any compensation to any other Party or that other Party's personnel for any services rendered hereunder. Nothing in this agreement shall be construed to place the personnel of any Party under the control or employment of another Party. Each Party remains responsible for all pay, entitlement, employment decisions, and worker's compensation liabilities, for its own personnel. Nothing in this agreement is intended to create or grant to any third party or person any right or claim for damages or the right to bring or maintain any action at law, nor does any Party waive its immunities at law, including immunity granted under the Colorado Governmental Immunity Act. VI.13. Final Accounting. The CITY shall prepare and submit to the Co-Funders a final accounting of the expenses and revenues of the STUDY at or prior to the termination of the STUDY Agreement. V1.14. Records and Reports. The CITY shall coordinate with the Corps of Engineers in the maintenance of adequate records of the expenses and revenues of the STUDY, and such records shall be available for inspection and audit by the designated representatives of any Co- Funders. The CITY shall furnish Co- Funders with copies of any financial or progress reports received from the Corps of Engineers within 30 days.. Upon completion of the STUDY, the CITY shall furnish each of the Co- Funders with two copies of the STUDY. VI.15. Counterparts. This Agreement may be signed in counterparts, and each counterpart shall be deemed an original, and all the counterparts taken as a whole shall constitute one and the same instrument. a FOR THE CITY COLORADO SPRINGS: �h By this �d day of , 20C 3 Lou Makepe FOR EL PASO COUNTY: By: this day of c iAA,6 , 2001 — Tom H an Chairperson; BOCC ATTES :�', '�"`c u�rrc. Ee"rc" ,, FO OF FOUNTAIN: B Ma .- — Ken Barela Mayor this IA& day of 20 A? Im-0 FOR THE TOWN OF GREEN MOUNTAIN FALLS: By: f °"'— this t_h day of , 20 2� r ratton Mayor ATTEST: FOR THE CITY OF MANITOU SPRINGS: By: f� this & day of ' , 20 Marcy Mo ison Mayor -1 0-j- FOR THE TOWN OF MgWUMENT: s K-dfi Mayor /►7�i / / ✓ FOR T OF R LAKE: r '^_' By: G"� his : " day of L�P/%bm , 20 0a Nikki Mc onald Mayor ATI'EST: G — J FOR ITY OF PUEBLO: By: _ / this ' 4 Occhiato City Council President of Q 23rd day of December 20!02 ATTEST:� PARSON .X PLO By: ., rs A EST: I�I�YiC 19th day of December 2002 FOR TELLER CO: By: /X is�s�'� F , this /2 r' day of 200 BoMerso L ATTEST: FOR THEY O WOO A D By: this 9;5 day of �-r-e-<<- e X 20 i - -- 'P rentis Porter Mayor ATTEST: Cu— — 8 Exhibit A -- Fountain Creek Watershed Study Cost Sharing Cost Share per Entity 2002 2003 2004 2005 TOTAL FEDERAL SHARE (FY) $175,000 $330,000 $490,569 $490,569 $1,486,138 CWCB /DOLA SHARE $200,000 $200,000 $200,000 $600,000 LOCAL SHARE $295,380 $295,379 $295,379 $886,138 TOTAL $670,380 $825,379 $985,948 $490,569 $2,972,276 City of Colorado Springs 53.80% $158,914 $158,914 $158,914 $0 $476,742 El Paso County 33.63% $99,336 $99,336 $99,336 $0 $298,008 City of Fountain 2.49% $7,355 $7,355 $7,355 $0 $22,065 Town of Green Mountain Falls 0.13% $384 $384 $384 $0 $1,152 City of Manitou Springs 0.76% $2,245 $2,245 $2,245 $0 $6,735 Town of Monument 0.41% $1,211 $1,211 $1,211 $0 $3,633 Town of Palmer Lake 0.36% $1,063 $1,063 $1,063 $0 $3,190 City of Pueblo 2.52% $7,444 $7,444 $7,444 $0 $22,331 Pueblo County 3.83% $11,313 $11,313 $11,313 $0 $33,939 Teller County 1.56% $4,608 $4,608 $4,608 $0 $13,824 City of Woodland Park 0.51% $1,506 $1,506 $1,506 $0 $4,519 TOTAL 100.00% $295,380 $295,379 $295,379 $0 $886,138 Costs shown for the 11 cities /towns /counties include potential in -kind services that may reduce the actual cash contributions noted above, subject to proper documentation and approval by the Corps of Engineers. FY 20031200412005 Federal $ are estimated. 2002 Local $: To be provided to City of Colorado Springs within 30 days of IGA execution. 2003 Local $: To be provided to City of Colorado Springs by 211103 or within 30 days of IGA execution, whichever is later. 2004 Local $: To be provided to City of Colorado Springs by 211/04.