IGA; Boulder Valley School District; GOCO funds for outdoor classroom/facility; no end date
INTERGOVERNMENTAL AGREEMENT
FOR THE DISTRIBUTION OF GOCO FUNDS FOR AN OUTDOOR
CLASSROOM/ENVIRONMENTAL EDUCATION FACILITY AT HIGH PEAKS/BCSIS
ELEMENTARY SCHOOL
This Intergovernmental Agreement for the Distribution of GOCO Funds for an
Outdoor Classroom/Environmental Education Facility at High Peaks/BCSIS Elementary School
(this "Agreement") is made this 8th day of March, 2011, between the City of Boulder, a Colorado
home rule municipality (the "City"), and the Boulder Valley School District, a political
subdivision of the State of Colorado (the "District"). The City and the District may hereinafter
be referred to individually as a "Party" or collectively as the "Parties."
1. RECITALS
A. The City, in partnership with the District, applied for and received a grant from Great
Outdoors Colorado ("GOCO") for a renewable energy outdoor classroom and
environmental education facility on the Aurora 7 campus (the "Outdoor Classroom" or
the "Project"). The Outdoor Classroom consists of three integrated benches and tables
for shaded outdoor classroom activities, a human sundial area, and simple outdoor
examples of renewable energy and will be a permanent example of basic renewable
energy concepts for the community. The Project will be located on property owned by
the District (the "Property").
B. Because the District is an ineligible recipient of GOCO grants, in order to receive the
GOCO grant for the Project (the "Grant"), the City must enter into an agreement with
GOCO regarding the terms and conditions of the Grant, which agreement will be in
substantially the form attached hereto as Exhibit A.
C. GOCO further requires that before the Grant funds can be disbursed, it must also receive
an agreement between the City and the District detailing the rights and responsibilities of
each of them concerning the funding, ownership, construction, operation and on-going
maintenance of the Project. This Agreements sets for those detailed rights and
responsibilities.
NOW THEREFORE, in consideration of terms, conditions and covenants set forth in this
Agreement and other good and valuable consideration, the receipt and sufficiency of which are „
hereby acknowledged, the Parties agree as follows:
II. AGREEMENT
1. The City and the District shall use their best efforts to fulfill all the requirements of the
Grant Agreement.
2. The District prefers to receive Grant funds after starting but prior to completing work on
the Project (a "Progress Payment") and the City shall advise GOCO of the District's
INTERGOVERNMENTAL AGREEMENT
FOR THE DISTRIBUTION OF GOCO FUNDS FOR AN OUTDOOR
CLASSROOM/ENVIRONMENTAL EDUCATION FACILITY AT HIGH PEAKS/BCSIS
ELEMENTARY SCHOOL
This Intergovernmental Agreement for the Distribution of GOCO Funds for an
Outdoor Classroom/Environmental Education Facility at High Peaks/BCSIS Elementary School
(this "Agreement") is made this Wh day of March, 2011, between the City of Boulder, a Colorado
home rule municipality (the "City"), and the Boulder Valley School District, a political
subdivision of the State of Colorado (the "District"). The City and the District may hereinafter
be referred to individually as a "Party" or collectively as the "Parties."
1. RECITALS
A. The City, in partnership with the District, applied for and received a grant from Great
Outdoors Colorado ("GOCO") for a renewable energy outdoor classroom and
environmental education facility on the Aurora 7 campus (the "Outdoor Classroom" or
the "Project"). The Outdoor Classroom consists of three integrated benches and tables
for shaded outdoor classroom activities, a human sundial area, and simple outdoor
examples of renewable energy and will be a permanent example of basic renewable
energy concepts for the community. The Project will be located on property owned by
the District (the "Property").
B. Because the District is an ineligible recipient of LOCO grants, in order to receive the
GOCO grant for the Project (the "Grant"), the City must enter into an agreement with
LOCO regarding the terns and conditions of the Grant, which agreement will be in
substantially the form attached hereto as Exhibit A.
C. GOCO further requires that before the Grant funds can be disbursed, it must also receive
an agreement between the City and the District detailing the rights and responsibilities of
each of them concerning the funding, ownership, construction, operation and on-going
maintenance of the Project. This Agreements sets for those detailed rights and
responsibilities.
NOW THEREFORE, in consideration of terms, conditions and covenants set forth in this
Agreement and other good and valuable consideration, the receipt and, sufficiency of which are
hereby acknowledged, the Parties agree as follows:
Il. AGREEMENT
1. The City and the District shall use their best efforts to fulfill all the regLiirements of the
Grant Agreement.
2. The District prefers to receive Grant funds after starting but prior to completing work on
the Project (a "Progress Payment") and the City shall advise GOCO of the District's
desires to receive Grant funds as a Progress Payment. Thereafter, the City shall pay the
Grant funds to the District within three (3) business days of their receipt from GOCO.
3. The City shall specifically be responsible for the representations and warranties in
Section 2 of the Grant Agreement between GOCO and the City; executing the Grant
Agreement; and approving the resolution attached to the Grant Agreement as Appendix
A.
4. The District hereby assumes any and all rights and obligations of the Grantee of the Grant
Agreement not specifically assumed by the City pursuant to Section 2 of this Agreement,
including the requirement to permit the Project to be open for public use when not being
used by the school. In the event the District breaches any of the terms, covenants,
representations or conditions of the Grant Agreement after the payment of the Grant, the
City may seek specific performance by the District of Grantee's obligations. If
reimbursement in full or in part of the fiends distributed is sought by GOCO, the District
and not the City shall be liable for such reimbursement. If GOCO seeks reimbursement
from the City, the District shall reimburse GOCO on the City's behalf. In no instance
shall the City be responsible for fulfilling the terms of the Grant Agreement if the District
is unable to do so.
5. The District shall be responsible to the City for any claim under the Grant Agreement, in
the same manner and extent as the City may be responsible to GOCO.
6. Should any claim for personal injuries, property damage or wrongful death be asserted as
a result of the construction, operation, maintenance or use of the Project, the District as
the owner of the Property and the constructor, operator and maintainer of the Project, and
not the City, shall be responsible for such claim. To the extent permitted by law, the
District shall indemnify and save harmless the City and its officers, insurers,
representatives, agents, employees, successors and assigns against any and all damages to
property or injuries to or death of any person or persons arising from its performance of
this Agreement and shall defend, indemnify and save harmless the City from any and all
claims, demands, suits, actions or proceedings of any kind or nature, including without
limitation Worker's Compensation claims, of or by anyone whomsoever in any way
resulting from or arising out of the District's ownership of the Property and its
construction, operation and maintenance of the Project, including the acts and/or
omissions of any contractors or subcontractors, their employees and agents, hired by the
District to complete the Project. „
7. The Parties and their officers and employees are relying on, and do not waive or intend to
waive by any provision of this Agreement, the monetary limitations (presently one
hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars
($600,000) per occurrence) or any other rights, immunities, and protections provided by
the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or
otherwise available to the Parties and their officers and employees.
2
8. This Agreement does not create any rights in any individual not a party to this
Agreement.
9. This Agreement and the exhibits attached hereto and incorporated herein, shall constitute
the entire agreement of the Parties.
10. This Agreement shall be governed by the laws of the State of Colorado, and any legal
action concerning the provisions hereof shall be brought in Boulder County, Colorado.
11. Delays in enforcement or the waiver of any one or more defaults or breaches of this
Agreement by either Party shall not constitute a waiver of any of the other terms or
obligations of this Agreement.
12. If any provision of this Agreement is found by a court of competent j urisdiction to be
unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in
full force and effect.
13. This Agreement may only be modified upon written agreement of the Parties.
14. Neither this Agreement nor any of the rights or obligations of the Parties shall be
assigned by either party without the written consent of the others.
15. The rights and remedies of the Parties under this Agreement are in addition to any other
rights and remedies provided by law. The expiration of this Agreement shall in no way
limit any of the Parties' legal or equitable remedies, or the period in which such remedies
may be asserted, for negligent or defective performance.
16. The City and the District each bind itself, its successors and assigns to the other party to
this Agreement with respect to all rights and obligations under this Agreement.
17. Nothing in this Agreement shall be construed to create a joint venture, partnership,
employer/employee or other relationship between the Parties other than independent
contracting parties. Except as permitted under the remedies provision hereunder, no
Party shall have the express or implied right to act for, on behalf of, or in the name of any
other Party.
18. The signatories to this Agreement affirm and warrant that they are fully authorized to
enter into and execute this Agreement, and all necessary actions, notices, meetings and/or
hearings pursuant to any law required to authorize their execution of this Agreement have
been made.
19. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado
Constitution, Article X, Section 20.
[Signature page follows]
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IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this Sth day
of March, 2011.
CITY OF BOULDER
City Manager
ATTEST: ,
City Clerk on behalf of theme,'
Director of Finance and Rec~iyel
APPROVED AS TO FORM:
r ~
City Attorney's Office
BOULDER VALLEY, SCHOOL DISTRICT ~7
Superintendent
APPROVED AS TO FORM:
School D~istrict Attorney
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Contract Tracking > Thank You Page 1 of 1
STANDARD
Contract Routing Cover Sheet
Please print and attach to your document
You can view the status of your contract using the Contract Tracking Status Page.
Routing Number 20110307-6302
Originating Dept Planning
Contact Person Jonathan Koehn Phone Number 303-441-1915
Project Manager / Contract Jonathan Koehn E-mail koehnj@bouldercolorado.gov
Administrator
Counter Parties BVSD
Contract Title / Type City-BVSD IGA for GOCO Outdoor Classroom
Number
Description The City, in partnership with the District, applied for and received a grant from Great Outdoors
Colorado (~GOCOL) for a renewable energy outdoor classroom and environmental education
facility on the Aurora 7 campus. GOCO further requires that before the Grant funds can be
disbursed, it must also receive an agreement between the City and the District detailing the rights
and responsibilities of
Special Instructions Two original signed IGA's are required. They will both be routed to the District for signature, with
one being returned to Central Records.
Amount Expense Type
• Dept. Head Signature
NOTE; Originating Department: Identify with a check mark all areas document needs to be routed.
• Purchasing
• Budget_ )
• Sales Tax C
/ (J
• CAO
• City Manager
• Central Records 1
l
Contract Tracking Home Signature Routing Form i Track Contract Status i update Contract Sta us
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