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
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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.