agenda - lafayette, co

Statement of Vision

Lafayette’s panoramic view of the Rocky Mountains inspires our view into the future. We value our heritage, our unique neighborhoods, a vibrant economy and active lifestyles. We envision a future

that mixes small-town livability with balanced growth and superior city services.

Statement of Values

We foresee a strong economy that is diverse and sustainable, attracts innovators, encourages a balance of big and small businesses, and meets the community’s needs. We intend to shape the future through strengthening our voice on environmental stewardship and social issues, taking an active role in sustainability and strategically planned development, and facilitating leadership development and fresh thinking. We strive to be a connected community that encourages cooperative relationships and inclusivity, expects accessibility and communication, nurtures resiliency, appreciates multiculturalism, and humanizes physical and social interactions within the City. We support placemaking endeavors that stimulate historic preservation and the arts, encourage open space stewardship and networking of neighborhoods, and promote comprehensive planning and livability.

February 18, 2020

A G E N D A

6:00 PM CITY COUNCIL MEETING

I. OPENING OF REGULARLY SCHEDULED MEETING Call to Order Pledge of Allegiance Roll Call

II. NEW EMPLOYEE INTRODUCTIONS: General Programs Supervisor Becca Mack Senior Plans Examiner/Building Inspector Kevin Schulman

III. PUBLIC INPUT (AFTER 6:30 PM)

IV. CONSENT AGENDA A. Minutes of the February 4, 2020 City Council Meeting B. Second Reading / Ordinance No. 06, Series 2020 / Amending Section 1-1-10 of the

Municipal Code Regarding the Code’s General Penalty

C. Resolution No. 2020-06 / City Position on Fire Authority Formation D. Resolution No. 2020-12 / Authorizing Intergovernmental Agreement / Boulder Area Trails

Mobile Application Project / Lafayette, Longmont, Boulder County, City of Boulder, City and County of Broomfield, Town of Erie, City of Louisville, Town of Superior, Town of Nederland, Town of Lyons

E. Resolution No. 2020-13 / Authorizing Intergovernmental Agreement / State Highway 7 Project / Lafayette, Adams County, Boulder County, City and County of Broomfield, Brighton, Thornton, and Erie

F. Resolution No. 2020-14 / Authorizing Intergovernmental Agreement / BoCo Sustainability Matching Grant

G. Resolution No. 2020-15 / Authorizing Intergovernmental Agreement with Boulder County / Youth Corps

H. Contract / Rose Lueras Pool Re-tile and Re-plaster / Mid-America Pool Renovation I. Purchase Orders and Amendments

V. COUNCIL APPOINTMENT J. Open Space Advisory Committee Members

VI. STAFF REPORTS K. City Attorney’s Report L. City Administrator’s Report

VII. COUNCIL REPORTS

VIII. ADJOURN

2300 Indian Peaks Trail – Lafayette, CO 80026 – cityoflafayette.com

STAFF REPORT TO: Fritz Sprague, City Administrator FROM: Monte Stevenson, Director of Parks, Recreation and Open Space DATE: February 18, 2020 SUBJECT: Introduction to Becca Mack, General Programs Supervisor Recreation and Facilities Superintendent Tammy Tucker will introduce the new General Programs Supervisor, Becca Mack. Becca comes with over 20 years of experience in recreational programming with the YMCA.

Attachments: Becca Mack’s Redacted Resume

To: Fritz Sprague, City Administrator

From: Paul Rayl, Planning & Building Director

Date: February 18, 2020

Subject: Introduction of Kevin Shulman, Senior Plans Examiner/Building Inspector

Recommendation: No Council action is required. Background: Kevin Shulman joined the City on February 3rd as the new Senior Plans Examiner/Building Inspector. Kevin was previously with the City and County of Broomfield as a plans examiner/inspector. Kevin has multiple International Construction Code (ICC) certifications and is a State licensed Master Electrician. This is an added benefit to the City due to recent legislation passed by the State phasing out ICC electrical certifications by 2021. Kevin will be the only inspector able to conduct electrical inspections and be in compliance with State Statutes. We welcome the addition of Kevin to our team. Fiscal Impact: This position was approved as part of the 2020 budget. There is no additional fiscal impact. Attachments Kevin Shulman resume (redacted)

R E C O R D O F P R O C E E D I N G S

CITY OF LAFAYETTE

CITY COUNCIL MEETING February 4, 2020

Call to Order The February 4, 2020 Lafayette City Council Meeting began at 5:30 p.m. in the Council Chamber at Lafayette City Hall, 1290 S. Public Road, Lafayette, Colorado. Roll Call Those in attendance included Mayor Pro Tem Stephanie Walton; and Councilors JD Mangat, Tonya Briggs, Tim Barnes, Brian Wong, and Chelsea Behanna. A motion was made by Councilor Mangat and seconded by Councilor Wong to excuse Mayor Jamie Harkins who had a prior commitment. The motion passed unanimously. Also present were City Administrator Fritz Sprague, City Clerk Susan Koster, City Attorney Mary Lynn Macsalka, Police Chief Rick Bashor, Public Information Officer/Assistant to the City Administrator Debbie Wilmot, Public Works Director Jeff Arthur, Streets/Utilities Superintendent Al Gomez, Sustainability Coordinator Tony Raeker, and Planning & Building Director Paul Rayl. Presidential Primary Election Update Boulder County Clerk and Recorder Molly Fitzpatrick talked about new aspects of the mail ballot primary election as well as election security. She said ballots will be mailed beginning February 10, 2020. Unaffiliated voters can now participate in the primaries, and 17-year-olds who will be 18 by the November 3 General Election can cast ballots as well. Sustainability Plan Update Sustainability Coordinator Tony Raeker provided a status report on the Lafayette Sustainability Plan, which launched in August of last year. He described outreach and community participation, the main focus areas of the plan, and goals resulting from the study in the areas of energy efficiency, renewable energy, waste reduction and recycling, and green building and healthy building improvements. Snow and Ice Management Program Update Public Works Director Arthur provided an overview of the City’s Snow & Ice Management Program including routes, equipment, and staffing. He described the City’s response to minor, typical, and major storm events. Director Arthur talked about options for plan revision and resource enhancement. Councilors agreed the resources should be reprioritized to meet existing needs and they would like to revisit the issue prior to the beginning of the 2020 snow season. Public Input Lorena Diaz, representing Up With People, said the troupe will perform at Centaurus High School in late February and they need host families for nearly 100 performers. She asked for the City’s help in getting the word out. Municipal Code / Amending Section 1-10 / General Penalty Provision City Attorney Macsalka presented the first reading of Ordinance No. 06, Series 2020 / Amending the Lafayette Code of Ordinances General Penalty Provision. She explained that the amendment is necessary due to changes in State law pertaining to the maximum jail sentence for municipal ordinance violations, and to specify which offenses are subject to a jail sentence and which are subject only to a fine and other terms and conditions. A motion was made by Councilor Behanna and seconded by Councilor Wong to approve on first reading Ordinance No. 06, Series 2020, as recommended by the City Attorney. The motion passed unanimously.

Lafayette City Council Meeting February 4, 2020 Page 2 Municipal Code / Amending Chapter 25 / Regulation of Animals Councilor Briggs recused herself from this item and left the room due to a personal conflict pertaining to pot-bellied pigs. Police Chief Bashor reviewed Council’s amendment to the first reading of Ordinance No. 05, Series 2020 / Amending the Municipal Code Section 25-101(4)(a), Miniature goat and miniature pot-bellied pigs. He said the second reading of the ordinance has been amended accordingly to provide for an increase in the approved weight of miniature pot-bellied pigs from 100 to 150 pounds. Chief Bashor described a method used for estimating the weight of a pig found in the “Farmer’s Almanac”. He provided weights for the most common domestic pigs. A motion was made by Councilor Wong and seconded by Councilor Behanna to approve on second reading Ordinance No. 05, Series 2020 (as amended) / Amending the Municipal Code Section 25-101(4)(a) and 25-2 regarding the regulation of animals. The motion passed 5 to 0, with Councilor Briggs having recused herself. Consent Agenda Mayor Pro Tem Walton read the Consent Agenda.

F. Minutes of the January 21, 2020 City Council Meeting G. Minutes of the January 27, 2020 City Council Workshop H. Resolution No. 2020-10 / Accepting an Easement and Agreement with Rocking Mountain, LLC for

Installation, Operation, and Maintenance of a Public Sidewalk / Silo Wellness Center I. Resolution No. 2020-11 / Intergovernmental Agreement with Mile High Flood District / Funding of

Drainageway Planning and Flood Hazard Area Delineation for Bullhead Gulch and Prince Tributary J. Purchase Orders and Amendments

A motion was made by Councilor Behanna and seconded by Councilor Mangat to approve the remainder of the Consent Agenda. The motion passed unanimously. Adjourn The meeting was adjourned at 7:24 p.m.

CITY OF LAFAYETTE, COLORADO

___________________________________ ATTEST Mayor Pro Tem Stephanie Walton __________________________________ Susan Koster, City Clerk The minutes herein are a summary of the business conducted at this meeting, not a verbatim

transcription. Only the actions taken and the text appearing in quotation marks are verbatim.

WILLIAMSON & HAYASHI, LLC ATTORNEYS AT LAW

1650 38TH STREET SUITE 103 WEST

BOULDER, COLORADO 80301 DAVID S. WILLIAMSON Telephone: 303-443-3100 WILLIAM P. HAYASHI Fax: 303-443-7835 MARY LYNN MACSALKA MARSHALL KEITH MARTIN

MEMORANDUM

TO: Mayor and City Council, City of Lafayette CC: Fritz Sprague; Susan Koster FROM: Mary Lynn Macsalka, City Attorney’s Office DATE: February 11, 2020 RE: Second Reading: Ordinance No. 06, Series 2020, Amending Sec. 1-10 of the

Municipal Code Re: General Penalty

On February 4, 2020, you approved, on first reading, Ordinance No. 06, Series 2020, which amends the General Penalty provisions in the Lafayette Code of Ordinances (“Code”). In short, this ordinance does the following:

• Amends Section 1-10(a) of the Code to reduce the maximum jail sentence for ordinance violations from one year to 364 days, in response to legislation passed by the Colorado General Assembly in 2019;

• Sets out in Section 1-10 the specific provisions of the Code that are subject to imprisonment as a potential punishment in Section 1-10 of the Code;

• Adds a new subsection (d) to Section 1-10 stating that youth under 18 may only be subject to a fine for violations of the Code, but that the municipal court may order confinement of a youth for up to 48 hours in a Colorado Division of Youth Services facility for contempt (i.e., failure to comply with a municipal court order); and

• Deletes an unnecessary penalty provision from the City’s adoption of the 2010 Model Traffic Code, since all Code violations are subject to the penalty provisions in Section 1-10.

We recommend approval of this ordinance. Please let us know if you have any questions.

Recommendation: Approval on Second Reading of Ordinance No. 06, Series 2020, Amending Section 1-10 of the Lafayette Code of Ordinances Regarding the General Penalty

ORDINANCE NO. 06, Series 2020 INTRODUCDED BY: COUNCILOR CHELSEA BEHANNA

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES OF THE CITY OF LAFAYETTE REGARDING THE

MUNICIPAL CODE'S GENERAL PENALTY WHEREAS, Colorado HB 19-1148, enacted in the 2019 legislative session, reduced the maximum jail sentence for municipal ordinance violations from one year to 364 days; and WHEREAS, given the increasing restrictions upon the enforcement powers of municipal courts, and to both best ensure the safety of its citizens and its responsibility to allocate its resources, the City desires to amend the Code’s General Penalty provision to specify which offenses are subject to a jail sentence and which are subject only to a fine and other terms and conditions.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. That subsection (a) of Section 1-10, General penalty; continuing violations; injunctions, of the Code of Ordinances, City of Lafayette, Colorado, is repealed in its entirety and re-enacted to provide: (a)

(1) Except as otherwise specified in paragraph (2) below, whenever any provision of this Code, or any provision of a rule or regulation promulgated hereunder, or the doing of any act is required, prohibited, or declared to be unlawful and no definite fine or penalty is provided for a violation thereof, any person convicted of a violation of any such provision shall, for each offense, be punished by a fine not exceeding, at the time of the commission of the offense, the maximum fine established by the state for municipal ordinance violations. Nothing herein shall be deemed to restrict the municipal court in the exercise of its inherent powers to impose other terms and conditions as part of any sentence, issue and enforce orders and act to protect the integrity and dignity of the court. (2) The following violations, as set forth by this Code, as may be amended, shall upon conviction be punishable by imprisonment for a period of not more than 364 days, or by a fine not exceeding, at the time of the commission of the offense, the maximum fine established by the state for municipal ordinance violations, or by both fine and imprisonment, and such other terms and conditions as the court in the exercise of its lawful powers deems appropriate:

i. All offenses set forth in the following articles of chapter 75 of the Code: article III, offenses against the person; article IV, offenses against property, with the exception of graffiti prohibited; article VI, offenses related to governmental operation; article VII, offenses against public decency, with the exception of

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urination or defecation in any public or private place other than in or upon a toilet facility provided for such purpose; and article IX, offenses concerning weapons. ii. Disorderly conduct as set forth in article V of chapter 75 of the Code, with the exception of unreasonable noise in a public place or near a private residence that the person has no right to occupy. iii. The following offenses set forth in article 1 of chapter 115 of the Code: speeding more than 24 miles per hour over the posted speed limit, reckless driving, eluding or attempting to elude a police officer, speed contest, and compulsory insurance. iv. Controlling or performing a control activity on a prairie dog without a permit as set forth in article IX of chapter 25 of the Code, except as otherwise specifically permitted under article IX of chapter 25 of the Code.

Section 2. That Section 1-10, General penalty; continuing violations; injunctions, of the Code of Ordinances, City of Lafayette, Colorado, is hereby amended by adding a subsection (d), which subsection shall read as follows:

(d) Any child under 18 years of age convicted of a violation of any provision of the Code shall be, for each offense, fined in a sum not to exceed, at the time of the commission of the offense, the maximum fine established by the state for municipal ordinance violations. The municipal judge has the authority to order a child confined in a juvenile detention facility operated or contracted by the Colorado Division of Youth Services for failure to comply with a lawful order of the court. Any confinement of a child for contempt shall not exceed 48 hours.

Section 3. That Section 115-49.18, Penalties for violation, of the Code of Ordinances, Lafayette, Colorado, is deleted in its entirety.

Section 4. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.

Section 6. The repeal or modification of any provision of the Code of Ordinances, City of Lafayette, Colorado, by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any

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judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions.

Section 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community.

Section 8. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance.

INTRODUCED AND PASSED ON FIRST READING THE 4TH DAY OF FEBRUARY, 2020.

PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED

THE 18TH DAY OF FEBRUARY, 2020.

CITY OF LAFAYETTE, COLORADO __________________________________ Jamie Harkins, Mayor

ATTEST: __________________________________ Susan Koster, CMC, City Clerk APPROVED AS TO FORM: ____________________________________ Mary Lynn Macsalka, City Attorney

STAFF REPORT TO: Fritz Sprague, City Administrator FROM: Dan Garrett, Acting Fire Chief DATE: February 18, 2020 SUBJECT: Resolution No. 2020-06 / City Position on Fire Authority Formation Recommendation: Motion to approve Resolution No. 2020-06 bringing a formal ending to discussions and exploration of pursuing a Fire Authority model with Rocky Mountain and Mountain View Fire districts. Background: On 9/17/2018 the City of Lafayette entered into an IGA with Rocky Mountain Fire District to begin operationally and administratively “sharing” personnel, vehicles, and equipment under the pretense that a committee would be formed to discuss the potential of forming a Fire Authority. In early to mid 2019 Mountain View Fire Protection District entered into the discussions as well. A consulting firm was hired by all three entities to conduct a feasibility study to evaluate all aspects of each organization to determine if service delivery could be enhanced and significant efficiencies could be realized, ultimately resulting in notable financial benefits to the citizens served. After thorough and careful evaluation of the final document released by the consultant, along with additional research conducted internally, it was determined that it was not in the best interest of the City of Lafayette and its citizens to pursue the Fire Authority discussions. It should be noted that we fully appreciate the time investment made by both Rocky Mountain and Mountain View fire districts. In this process we have established productive and positive working relationships at all levels of each organization. We look forward to continuing these relationships into the future through continued collaborative efforts and mutual aid agreements. Fiscal Impact: $0.00 Attachments: Resolution No. 2020-06

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CITY OF LAFAYETTE RESOLUTION NO. 2020-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAFAYETTE, COLORADO, TERMINATING ITS CONSIDERATION OF ESTABLISHMENT OF A FIRE AUTHORITY CONSISTING OF

THE CITY OF LAFAYETTE, ROCKY MOUNTAIN FIRE PROTECTION DISTRICT AND MOUNTAIN VIEW FIRE

PROTECTION DISTRICT WHEREAS, Article XIV, Section 18 (2) (a) of the Constitution of the State of Colorado encourages and authorizes intergovernmental agreements; and WHEREAS, in accordance with C.R.S. § 29-1-203, municipalities and fire protection districts may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, commencing in 2018, the City of Lafayette (“Lafayette”) and the Rocky Mountain Fire Protection District (“Rocky Mountain”) discussed working together to establish a Fire Authority, which would in accordance with C.R.S. § 29-1-204 be created by an intergovernmental agreement establishing a separate political entity; and WHEREAS, the parties were considering establishing a Fire Authority with the goal of improving service delivery within Lafayette and Rocky Mountain’s jurisdictions while also maximizing the benefit of public monies through economics of scale and administrative efficiencies; and WHEREAS, as a preliminary step in September 2018, Lafayette and Rocky Mountain entered into an intergovernmental agreement for the sharing of fire service personnel, equipment and resources; and WHEREAS, during this time, the Mountain View Fire Protection District (“Mountain View”) joined with Lafayette and Rocky Mountain to consider a Fire Authority involving all three of the parties; and WHEREAS as part of the parties’ due diligence they jointly retained a consultant with experience in establishing Fire Districts to examine the financial, organizational, administrative and personnel considerations of establishing a Fire Authority; and WHEREAS, all of the parties worked collaboratively on the matter meeting regularly and devoting significant costs and staff time to the undertaking; and WHEREAS, Lafayette also conducted its own internal study of the matter based upon information generated by the consultant; and

WHEREAS, upon consideration of all of the information, Lafayette determined it was not in Lafayette’s long-term financial benefit to enter into a Fire Authority with Rocky Mountain and Mountain View; and WHEREAS, Lafayette believes it can best provide for its citizens through the operation of a locally controlled Department and is now moving forward with a national search to replace the outgoing Fire Chief, who retired during the early stages of the parties’ exploration of a Fire Authority; and WHEREAS, though Lafayette’s intergovernmental agreement with Rocky Mountain was terminated on December 10, 2019, Lafayette, Rocky Mountain and Mountain View continue to work together through mutual aid intergovernmental agreements to provide fire prevention and emergency services for all residents of Boulder County.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows:

Effective this ___ day of February, 2020, the City of Lafayette formally terminates its

participation with the Rocky Mountain Fire Protection District and Mountain View Fire Protection District to consider the establishment of a Fire Authority.

RESOLVED AND PASSED THIS 18TH DAY OF FEBRUARY, 2020

CITY OF LAFAYETTE, COLORADO _________________________________ Jamie Harkins, Mayor ATTEST: _______________________________ Susan Koster, CMC, City Clerk APPROVED AS TO FORM: _____________________________ Mary Lynn Macsalka, City Attorney


STAFF REPORT TO: Fritz Sprague, City Administrator FROM: Monte Stevenson, Director of Parks, Recreation & Open Space DATE: February 18, 2020 SUBJECT: Resolution No. 2020-12 / Intergovernmental Agreement (IGA) / Boulder Area Trails

Mobile Application Project / Boulder County, City of Boulder, City of Longmont, City and County of Broomfield, Town of Erie, City of Louisville, Town of Superior, Town of Nederland, Town of Lyons

Recommendation: Motion to approve Resolution No. 2020-12 /Approving an IGA with Boulder County and surrounding neighboring agencies for participation in co-managing trails data that functions as the content for the Boulder Area Trails App, an Android and iOS app that features trails information from each jurisdiction. Background: In 2018, Boulder County, on behalf of the other Parties, received a grant from the Colorado Parks and Wildlife Trails Program to develop a mobile phone application, titled the Boulder Area Mobile Trail Application (“Trails App”) that will allow smart phone users to access a regional trails app on their phone with up-to-date trail information. The Trails App includes hundreds of miles of trails and trailheads located primarily within Boulder and Broomfield counties, but also extending into Weld, Grand, and Larimer Counties. The Trails App will provide information about trail location and usage, and allow trail managers to communicate trail closures with users as these closures occur and remove the closures as they are lifted. The Parties worked together to produce the necessary data from each Party’s resources and data management systems, into a single data format necessary for publishing within the Trails App. In January 2019, development began on the application with Timmon’s Group out of Richmond, Virginia. The functional requirements were an application that runs on iOS and Android platforms, offers offline functionality, and utilizes data via existing ESRI REST services, OGC services, or GeoJSON services. The application was published in January 2020, has been downloaded over 3,000 times, and currently has a 4+ star review in the app stores.

Fiscal Impact: None Attachments: Resolution No. 2020-12 IGA for the Boulder Area Trails Mobile Application Project


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO,

APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAFAYETTE AND BOULDER COUNTY, CITY OF BOULDER, CITY OF LONGMONT, CITY AND COUNTY OF BROOMFIELD, CITY OF LOUISVILLE, TOWN OF SUPERIOR, TOWN OF NEDERLAND AND TOWN OF LYONS REGARDING THE BOULDER AREA TRAILS

MOBILE APPLICATION PROJECT WHEREAS, In 2018, Boulder County, on behalf of Boulder County, City of Boulder, City of Longmont, City and County of Broomfield, City of Louisville, Town of Superior, City of Nederland and Town of Lyons (collectively, the “Parties”), received a grant from the Colorado Parks and Wildlife Trails Program to develop a mobile phone application, titled the Boulder Area Mobile Trail Application (“Trails App”), that will allow smart phone users to access a regional trails app on their phone with up-to-date trail information; and

WHEREAS, the Parties worked together to produce the necessary data from each Party’s resources and data management systems, into a single data format necessary for publishing within the Trails App; and WHEREAS, The Parties, through Boulder County, contracted with Timmons Group, Inc. to develop and publish the Trails App, which is anticipated to be release to the public in late 2019; and

WHEREAS, Article XIV, Section 18 (2) (a) of the Constitution of the State of Colorado encourages

and authorizes intergovernmental agreements; and

WHEREAS, the City of Lafayette and the other Parties desire to enter into an Intergovernmental Agreement (“IGA”) to set forth their mutual understandings data production, management, and maintenance roles of the Parties after the Trail Map is released for public use.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette,

Colorado, as follows: The Intergovernmental Agreement Between the City of Lafayette and Boulder County, City of

Boulder, City of Longmont, City and County of Broomfield, City of Louisville, Town of Superior, City of Nederland and Town of Lyons Regarding the Boulder Area Trails Mobile Application Project, is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the City.

RESOLVED AND PASSED THIS 18TH DAY OF FEBRUARY, 2020.

CITY OF LAFAYETTE, COLORADO _________________________________ Jamie Harkins, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ________________________________ Susan Koster, CMC, City Clerk Mary Lynn Macsalka, City Attorney

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Intergovernmental Agreement

Between Boulder County, City of Boulder, City of Longmont, City and County of

Broomfield, Town of Erie, City of Lafayette, City of Louisville, Town of Superior, Town of

Nederland, Town of Lyons, Regarding the Boulder Area Trails Mobile Application Project

This Intergovernmental Agreement (the “Agreement”) is entered into by the County of

Boulder), a body corporate and politic of the State of Colorado (“Boulder County”), City of

Longmont, a municipal corporation of the State of Colorado (“Longmont”), City of Boulder, a

municipal corporation of the State of Colorado (“Boulder”), City and County of Broomfield, a

body corporate and politic of the State of Colorado (“Broomfield”), Town of Erie (“Erie”), City

of Lafayette, a municipal corporation of the State of Colorado (“Lafayette”), City of Louisville, a

municipal corporation of the State of Colorado (“Louisville”), Town of Superior (“Superior”),

Town of Nederland (“Nederland”), Town of Lyons (“Lyons”), (each a “Party” or, collectively, the

“Parties”).

RECITALS

A. The Colorado Constitution Article XIV, Section 18(2)(a), and C.R.S. §§ 29-1-201, et seq.,

provide that political subdivisions of the State may contract with one another to provide

any function, service, or facility lawfully authorized to each other.

B. The Parties are political subdivisions of the state or the United States and are governments

as defined in § 29-1-202, C.R.S.

C. In 2018, Boulder County, on behalf of the other Parties, received a grant from the Colorado

Parks and Wildlife Trails Program to develop a mobile phone application, titled the

Boulder Area Mobile Trail Application (“Trails App”), that will allow smart phone users

to access a regional trails app on their phone with up-to-date trail information. Several of

the Parties also provided matching funds or in-kind staff time to develop the Trails App.

D. The Trails App includes hundreds of miles of trails and trailheads located primarily within

Boulder and Broomfield counties, but also extending into Weld, Grand, and Larimer

Counties. The Trails App will provide information about trail location and usage, and allow

trail managers to communicate trail closures with users as these closures occur and remove

the closures as they are lifted.

E. The Parties worked together to produce the necessary data from each Party’s resources and

data management systems, into a single data format necessary for publishing within the

Trails App.

F. The end product will be a mobile application that runs on iOS and Android platforms,

offers offline functionality, and utilizes data via existing Esri REST services, OGC

services, or GeoJSON services.

G. The Parties, through Boulder County, contracted with Timmons Group, Inc. (“Contractor”)

to develop and publish the Trails App.

H. The Trails App is anticipated to be released to the public in late 2019.

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I. The Parties hereby recognize the need to more specifically define the data production,

management, and maintenance roles of the Parties after the Trail Map is released for public

use.

AGREEMENT

In consideration of the above recitals and the mutual covenants and promises in this

agreement, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as

follows:

1. Management of Trails App and Data:

a. Boulder County contracted with the Contractor to develop the Trails App and

agrees to continue to be the managing Party for work performed by the Contractor.

b. Boulder County agrees to maintain the mobile trails application and ensure the

application continues to work whenever new operating system updates are released

to iOS and Android for three years, beginning on the date of initial public release

of the Trails App. Boulder County has committed to provide a minimum of

$5000.00 and in-kind staff time towards these maintenance obligations for the

initial three-year period, payable to Timmon’s Group.

c. The Parties agree that the basemaps(s) used for the Trails App will be ESRI

basemaps. All open space and parks will be displayed via ESRI’s basemaps. If any

Party’s open spaces or parks are not currently maintained within the basemap, then

each Party agrees that it is their individual responsibility to work with ESRI via the

Community Maps Program to update the data that ESRI utilizes for those basemaps,

within a reasonable time period.

d. The Parties agree that they will provide all of their Agency Data and Trail Closure

Data to Boulder County in the format and manner described in Appendix A to this

Agreement, which may be updated from time to time.

e. The Parties agree that maintaining data in the manner described in Appendix A is

of the utmost importance for the functionality and performance of the Trails App.

The Parties therefore agree that they will not change the data format in any manner,

without prior written agreement between all of the Parties that it is necessary to

update the data format for the purposes of increasing the functionality and

performance of the Trails App.

f. Each Party agrees that it is individually responsible for managing its respective

closures within the closure feature of the Trails App. Each Party agrees to provide

their closure data in the format and manner described in Appendix A.

g. Boulder County agrees that its Information Technology Division is responsible for

publishing the Trails App to the Google Play Store and Apple iTunes using the

Boulder County Developers’ Account.

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h. If a Party wishes to terminate its involvement with the Trail App, the terminating

Party shall provide 60 days written notice to all of the other Parties of its intent to

terminate. During the 60-day notice period, the terminating Party shall cooperate

with Boulder County to determine a method to create a workable technical solution

that will maintain the integrity of the Trail App. If such a solution is not determined

within the 60-day time period, Boulder County shall provide written notice to the

terminating Party of the need for additional time, and shall receive up to an

additional 90 days from the date of such notice to find an appropriate technical

solution before such Party’s termination becomes effective.

i. Except as otherwise provided herein, the term of this Agreement shall be

continuous for the life of the Trails App. However, the Parties will review this

Agreement each year on the anniversary of the publishing date, or as necessary

when agreed upon to do so by the Parties in writing.

2. Notices: All notices provided under this Agreement must be in writing and sent by Certified

U.S. Mail (Return Receipt Requested), electronic mail, or hand-delivery to all the other

Parties’ Contact at the addresses specified in Appendix B. For certified mailings, notice

periods will begin to run on the day after the postmarked date of mailing. For electronic

mail or hand delivery, notice periods will begin to run on the date of delivery.

3. Statutory Requirements: This is subject to all statutory requirements that are or may

become applicable to counties or political subdivisions of the State of Colorado.

4. Entire Agreement: This Agreement contains the entire agreement of the Parties about its

subject matter and any amendment or termination may take place only upon the written

approval adopted by the governing body of each of the Parties.

5. Governing Law/Venue: The laws of the State of Colorado govern the construction,

interpretation, performance, and enforcement of this Agreement. Any claim relating to this

Agreement or breach thereof may only be brought exclusively in the Courts of the 20th

Judicial District of the State of Colorado and the applicable Colorado Appellate Courts.

6. Breach: The failure of any Party to exercise any of its rights under this Agreement will not

be deemed to be a waiver of such rights or a waiver of any breach of the Agreement. All

remedies available to a Party in this Agreement are cumulative and in addition to every

other remedy provided by law.

7. Severability: If any provision of this Agreement becomes inoperable for any reason but

the fundamental terms and conditions continue to be legal and enforceable, then the

remainder of the Agreement will continue to be operative and binding on the Parties.

8. Third-Party Beneficiary: Enforcement of the terms and conditions and all rights and

obligations of this Agreement are reserved to the Parties. Any other person receiving

services or benefits under this Agreement is an incidental beneficiary only and has no rights

under this Agreement.

4

9. Colorado Open Records Act: Boulder County may disclose any records that are subject to

public release under the Colorado Open Records Act, C.R.S. § 24-72-101, et seq.

10. Conflict of Provisions: If there is any conflict between the terms of the main body of this

Agreement and the terms of any of the other documents, the terms of the of the Agreement

will control.

11. Financial Obligations of the Parties. All of the Parties’ financial obligations under this

Agreement are contingent upon appropriation, budgeting, and availability of specific funds

to discharge those obligations. Nothing in this Agreement constitutes a debt, a direct or

indirect multiple fiscal year financial obligation, a pledge of credit, or a payment guarantee

by the Parties.

12. Governmental Immunity: Nothing in this Agreement shall be construed in any way to be a

waiver of either party’s immunity protection under the Colorado Governmental Immunity

Act, C.R.S. § 24-10-101, et seq., as amended.

13. Execution by Counterparts; Electronic Signatures: This Agreement may be executed in

multiple counterparts, each of which will be deemed an original, but all of which will

constitute one agreement. The Parties approve the use of electronic signatures, governed

by the Uniform Electronic Transactions Act, C.R.S. §§ 24 71.3 101 to 121. The Parties will

not deny the legal effect or enforceability of this Agreement solely because it is in

electronic form or because an electronic record was used in its creation. The Parties will

not object to the admissibility of this Agreement in the form of electronic record, or paper

copy of an electronic document, or paper copy of a document bearing an electronic

signature, because it is not in its original form or is not an original.

14. Insurance: Each Party is a “public entity” under the Colorado Governmental Immunity Act,

C.R.S. § 24-10-101, et seq., as amended, and shall always during the terms of this IGA

maintain such liability insurance, by commercial policy or self-insurance, as is necessary

to meet its liabilities under the Act. This insurance shall have minimum limits, which shall

match or exceed the maximum governmental liability limits set forth in C.R.S. § 24-10-

114, as amended.

5

CITY OF BOULDER,

a Colorado home rule City

By: ______________________________ Date: ___________________

Jane S. Brautigam, City Manager

Attest:

___________________________________ Date: ___________________

City Clerk

Approved as to form:

____________________________________ Date: ___________________

City Attorney’s Office

6

THE CITY AND COUNTY OF BROOMFIELD, a Colorado

municipal corporation and county

______________________________________________

Mayor

______________________________________________

Date

ATTEST:

______________________________ APPROVED AS TO FORM:

City and County Clerk

______________________________ __________________________________

Date City and County Attorney

7

TOWN OF ERIE, COLORADO

_______________________________________ Date: ___________________

Patrick Hammer, Director of Parks and Recreation

8

CITY OF LAFAYETTE, COLORADO

IN WITNESS WHEREOF, the parties have executed this Agreement:

FOR LAFAYETTE:

Name: Jamie Harkins

Title: Mayor

Date:

ATTEST: APPROVED AS TO FORM:

_____________________________ ___________________________________

Susan Koster, CMC, City Clerk Mary Lynn Macsalka, Interim City Attorney

9

CITY OF LONGMONT, COLORADO ATTEST:

By: By:

Mayor City Clerk

Date: ______________________________ Date: _______________________

APPROVED AS TO FORM AND SUBSTANCE:

Land Program Administrator

APPROVED AS TO FORM:

Assistant City Attorney

10

CITY OF LOUISVILLE, COLORADO

_______________________________________ Date: ___________________

Ashley Stolzmann, Mayor

11

TOWN OF LYONS, COLORADO

_______________________________________ Date: ___________________

Connie Sullivan, Mayor

12

TOWN OF NEDERLAND, COLORADO

_______________________________________ Date: ___________________

Karen Gerrity, Town Administrator

13

TOWN OF SUPERIOR, COLORADO

_______________________________________ Date: ___________________

Clint Folsom, Mayor

14

BOULDER COUNTY:

IN WITNESS WHEREOF, the Parties have executed and entered into this Contract as of the latter

day and year indicated below.

SIGNED for and on behalf of Boulder

County

Signature:

Name:

Title:

Date:

↓↓For Board-signed documents only↓↓

Attest: Initials

Attestor Name:

Attestor Title:

Boulder Area Trails Mobile Application GIS Data Maintenance Standard Operating Procedure (SOP)

Appendix A

1. Base Map a. Definition: The collection of GIS data or imagery that form the background setting for the map. b. The basemap(s) used in the Boulder Area Trails application will be ESRI Basemaps. c. Open space and parks will be displayed via ESRI’s Basemaps. If an agency’s open spaces or

parks are not contained within the basemap, then it is the agency’s responsibility to work with ESRI via the Community Maps Program to update the data that ESRI utilizes for those basemaps.

2. Agency Data

a. Definition: Trails and trailheads provided by each individual agency of their owned and/or maintained trails and trailheads to be included in the application.

b. Each agency will provide either: 1. A GIS service each for trails and trailheads is to be provided in the project schema. If

the data is provided via a service with a modified schema, this schema must be agreed upon with Boulder County Parks and Open Space staff in advance. The project schema can be accessed on the project’s Basecamp site.

2. A GIS dataset with the appropriate data necessary for the application project. If providing a dataset, an update process must be agreed upon with Boulder County Parks and Open staff.

3. See Items 8 and 9, below, for a list of all agency data sources. c. Each agency will ensure that all features are fully attributed.

3. Master Data

a. Definition: Master data are the trail and trailheads data compiled from each agency, by Boulder County, and consolidated into a single trail and trailheads feature class.

b. Boulder County will host the master GIS base data on its SDE servers. c. The master data will be compiled from each partner agency into the county’s internal editing

SDE database by a Python script that will be run nightly. The Boulder County Parks and Open Space (BCPOS) staff will maintain and troubleshoot this process.

d. The master data will be uploaded from the county’s editing SDE database to the county’s externally accessible publish SDE database by a Python script that will be run nightly, following the partner data consolidation process. The Boulder County Information Technology (BCIT) staff will maintain and troubleshoot this process.

e. BCPOS staff and BCIT staff will coordinate these two processes to ensure that data is updated correctly.

f. BCIT will provide a publish trails GIS service and a test GIS trails service. See Item 10 for a list of the master data services.

g. All master data services will be provided in WGS 1984 Web Mercator Auxiliary Sphere (102100) coordinate system.

4. Trail Closure Data a. Definition: Trail closure data represents current trail closures on the ground. b. The following agencies are currently providing trail closure data:

1.Boulder County 2.City of Boulder 3.City of Longmont 4.Town of Erie

c. These agencies will provide trail closure data as both a publish GIS service and a test GIS service. Each service will be included into the application as a separate layer.

d. The trail closure data will be provided in a service in the closure schema, which can be accessed on the project’s Basecamp site.

e. Trail closure data services will be provided in WGS 1984 Web Mercator Auxiliary Sphere (102100) coordinate system.

f. See Item 11 for a list of the trail closure URLs.

5. GIS Services a. Definition: An application or protocol for communicating data between GIS databases and a

mobile or web client. b. All agency SDE servers which host GIS services utilized by the Boulder Area Trails application

are productions systems and will be treated as such. It is understood that none of these servers are maintained under a 24x7 availability requirement, but in the event in which a server goes down unexpectedly all efforts will be made by that agency to restore the server as soon possible.

c. Planned maintenance for production servers hosting GIS services utilized by the Boulder Area Trails application will be planned for low usage hours.

d. Any changes to existing GIS services must be tested first on test GIS services before being rolled out to the production services listed in Items 8, 10, and 11.

6. Change Management a. Definition: Change management is a formal process that ensures that changes to our data,

services, and application are introduced in a controlled and coordinated manner. It minimizes the possibility that unnecessary or unforeseen changes will occur, introducing disruptions into our systems and products.

b. Data as a direct connect SDE feature class 1.Agencies who provide data in a feature class via a direct connection to a SDE database

are: 1. Boulder County 2. City of Boulder

2.A change to the data for an SDE feature class is defined as: 1. Changing the name of the name of the shapefile, feature class, or database 2. Changing the field types 3. Changing the field names 4. Removing fields 5. Changing the type of information stored in a field 6. Changing domains 7. Removing database privileges

8. Deleting the feature class 3. The change process is as follows:

1. The original data must stay in place until the Boulder County Data Manager (Data Manager) notifies the requesting agency that the original data service can be deleted.

2. If an agency makes schema changes to their data, then the agency notifies the Boulder County Data Manager (Data Manager).

3. The requesting agency then provides the Data Manager with the new SDE feature class. The requesting agency must provide metadata for the new data and crosswalk tables to convert the new data into the BAT master data, if necessary.

4. The Data Manager tests the new data in the test BAT Data Merge Script. 5. Once the BAT Data Merge Script has been determined to perform correctly, the

Data Manager puts the new data into the production BAT Data Merge Script. 6. The agency reviews the data and ensures that the changes have been correctly

incorporated into the master data. 7. After one week of the new feature class performing correctly, the Data Manager

notifies the requesting agency that the old feature class may be deleted. c. Data as shapefile or geodatabase feature class

1.Agencies who provide data in a geodatabase feature class or a shapefile are: 1. City of Lafayette 2. City of Louisville 3. Town of Nederland 4. USFS

2.A change to a geodatabase feature class or shapefile is defined as: 1. Changing the name of the name of the shapefile, feature class, or database 2. Changing the field types 3. Changing the field names 4. Removing fields 5. Changing the type of information stored in a field 6. Changing domains 7. Removing database privileges 8. Deleting the shapefile or feature class 9. Adding or modifying a feature 10. Changing attributes of a feature

3.The change process is as follows: 1. Feature or Attribute Changes

a. If an agency changes, adds or changes a feature or the changes the attributes of a feature, then the agency notifies the Boulder County Data Manager (Data Manager).

b. The requesting agency then provides the Data Manager with the new shapefile or geodatabase feature class.

c. The Data Manager tests the new data in the test BAT Data Merge Script. d. Once the BAT Data Merge Script has been determined to perform

correctly, the Data Manager puts the new data into the production BAT Data Merge Script.

2. Schema Changes a. If an agency makes schema changes to their data, then the agency notifies

the Boulder County Data Manager (Data Manager). b. The requesting agency then provides the Data Manager with the new

shapefile or geodatabase feature class. The requesting agency must provide metadata for the new data and crosswalk tables to convert the new data into the BAT master data, if necessary.

c. The Data Manager tests the new data in the test BAT Data Merge Script. d. Once the BAT Data Merge Script has been determined to perform

correctly, the Data Manager puts the new data into the production BAT Data Merge Script.

d. Data as a service 1.These agencies are providing data as GIS services:

1. RMNP 2. City and County of Broomfield 3. Town of Superior 4. Town of Erie 5. Town of Lyons 6. City of Longmont

2.A change to the GIS data service is defined as: 1. Changing the REST endpoint URL 2. Turning off or deleting fields 3. Changing from dynamic to cached 4. Shutting down the service 5. Removing share permissions

3.The change process is as follows: 1. The original service must stay in place until the Boulder County Data Manager

(Data Manager) notifies the requesting agency that the original data service can be deleted.

2. The requesting agency then notifies the Data Manager of the new data service test URL.

3. The Data Manager tests the new test URL in the test BAT Data Merge Script. 4. Once the BAT Data Merge Script has been determined to perform correctly, the

Data Manager will notify the requesting agency that a production data service can be created.

5. The requesting agency notifies the Data Manager of the new data service production URL.

6. The Data Manager inserts the new production URL into the BAT Data Merge Script.

7. After one week of the new data service performing correctly, the Data Manager notifies the requesting agency that the old service may be deleted.

7. Application Maintenance

a. Per the Software Maintenance and Support Agreement, Boulder County will be the Authorized Contact with Timmon’s Group for all future submittal of Support Requests.

8. Agency Data Services

Agency + Dataset URL

Broomfield Trails https://services1.arcgis.com/vXSRPZbyyOmH9pek/arcgis/rest/services/Trails/FeatureServer/0

Broomfield Trailheads https://services1.arcgis.com/vXSRPZbyyOmH9pek/ArcGIS/rest/services/TrailJunctions/FeatureServer/0 Erie Trails https://eags.erieco.gov/arcgis/rest/services/RegionalTrailsRO/MapServer/1

Erie Trailheads https://eags.erieco.gov/arcgis/rest/services/RegionalTrailsRO/MapServer/0

Lyons Trails https://services1.arcgis.com/upSnbuH7dAfu37yT/arcgis/rest/services/RegionalTrails/FeatureServer/1

Lyons Trailheads https://services1.arcgis.com/upSnbuH7dAfu37yT/ArcGIS/rest/services/RegionalTrails/FeatureServer/0

RMNP Trails https://services1.arcgis.com/fBc8EJBxQRMcHlei/arcgis/rest/services/ROMO_TRANS_Trails_OfficialVisitorMap_ln_NAD83_1/FeatureServer/0

RMNP Trailheads https://services1.arcgis.com/fBc8EJBxQRMcHlei/arcgis/rest/services/ROMO_TRANS_Trailheads_pt_NAD83_1/FeatureServer/0

Superior Trails https://services2.arcgis.com/RQsC4DSkpr4c1bMs/arcgis/rest/services/Regional_Trails/FeatureServer/0

Superior Trailheads http://services2.arcgis.com/RQsC4DSkpr4c1bMs/ArcGIS/rest/services/RegionalTrailheads/FeatureServer/0

USFS Trails https://apps.fs.usda.gov/arcx/rest/services/EDW/EDW_TrailNFSPublish_01/MapServer/0

USFS Trailheads https://apps.fs.usda.gov/arcx/rest/services/EDW/EDW_RecreationOpportunities_01/MapServer/0

Longmont Trails https://maps.ci.longmont.co.us/arcgis_public/rest/services/RegionalTrails/LongmontTrails/FeatureServer/0

Longmont Trails https://maps.ci.longmont.co.us/arcgis_public/rest/services/RegionalTrails/RegionalTrailheads/MapServer/0

9. Agency Data Sources

Agency + Dataset Location Path

Boulder County POS Trails Boulder County GIS EDITGIS1.sde ParksOpenSpace.POS.OP_BCPOS_TRAILS_DISSOLVE Boulder County POS Trails Boulder County GIS EDITGIS1.sde PARKSOPENSPACE.POS.OP_BCPOS_TRAILS Boulder County POS Trails URLs Boulder County GIS EDITGIS1.sde ParksOpenSpace.POS.REC_BoulderAreaTrails_BOCOTrails_WebURL Boulder County POS Trailheads Boulder County GIS EDITGIS1.sde ParksOpenSpace.POS.OP_BCPOS_TRAILHEADS Boulder County POS Trailheads URLs Boulder County GIS EDITGIS1.sde ParksOpenSpace.POS.REC_BoulderAreaTrailheads_BOCOTH_WebURL

Boulder County Trans Boulder County GIS REGIS1.sde boco.TRANSPORTATION.REGIONAL_TRAILS_PLAN Boulder County Trans Boulder County GIS REGIS1.sde BOCO.TRANSPORTATION.Sidewalks City of Boulder Trails sde:oracle11g:gisp2.ci.boulder.co.us IT.RegionalTrails City of Boulder Trailheads sde:oracle11g:gisp2.ci.boulder.co.us IT.RegionalTrailheads City of Lafayette Trails Boulder County Storage Area Network v:\gispa\GIS_staff\RegionalTrailApp\BATData.gdb\LafayetteTrails

City of Lafayette Trailheads Boulder County Storage Area Network v:\gispa\GIS_staff\Misc\POG.gdb\Trailheads_RegionalApp City of Louisville Trails Boulder County Storage Area Network v:\gispa\GIS_staff\RegionalTrailApp\BATData.gdb\LouisvilleTrails City of Louisville Trailheads Boulder County Storage Area Network v:\gispa\trails\Trails.gdb\OtherAgency\Trailheads_Other Town of Nederland Trails Boulder County Storage Area Network v:\gispa\GIS_staff\RegionalTrailApp\BATData.gdb\NederlandTrails Town of Nederland Trailheads Boulder County Storage Area Network v:\gispa\trails\Trails.gdb\OtherAgency\Trailheads_Other State of Colorado Trails Boulder County Storage Area Network v:\gispa\trails\Trails.gdb\OtherAgency\SPTrailsDesignated02072017_SP State of Colorado Trailheads Boulder County Storage Area Network v:\gispa\GIS_staff\Misc\CPW_Facilities\CPWFacilities02072017.shp

10. Master Data Sources

Service URL

Trailhead Service http://maps.bouldercounty.org/arcgis/rest/services/ParksOpenSpace/REC_BoulderAreaTrailheads/MapServer/0

Trail Service http://maps.bouldercounty.org/arcgis/rest/services/ParksOpenSpace/REC_BoulderAreaTrails/MapServer/0

11. Trail Closure Services

Agency URL Boulder County https://services3.arcgis.com/0jWpHMuhmHsukKE3/arcgis/rest/services/BAT_TrailClosures/FeatureServer

City of Boulder https://maps.bouldercolorado.gov/arcgis2/rest/services/osmp/BATClosures/FeatureServer

Erie http://eags.erieco.gov/arcgis/rest/services/RegionalTrailsRO_Closures/FeatureServer

Longmont https://pwnrmaps.ci.longmont.co.us/arcgis_public/rest/services/LongmontTrailClosuresService/MapServer

Appendix B

Agency Name Title EmailBoulder Brent Shafrenek IT GIS Database Administrator [email protected] Jen Sherry OSMP GIS Database Developer [email protected] County Kristi VanDenBosch GIS Manager [email protected] Ellie Lanaghan Open Space & Trails Technician [email protected] Jesse Ascunce GIS Manager [email protected] Rob Burdine Open Space Superintendent [email protected] Dan Wolford Land Program Administrator [email protected] Ember Brignull Open Space Manager [email protected] Paul Glasgow Town Administrator [email protected] Karen Gerrity Town Administrator [email protected] Leslie Clark Director Parks, Recreation and Open Space [email protected]

mailto:[email protected]








1290 S. Public Road Lafayette, Colorado 80026 303-665-5588 cityoflafayette.com

STAFF REPORT To: Fritz Sprague, City Administrator From: Jeff Arthur, Director of Public Works Matt Knight, City Engineer Date: February 18, 2020 Subject: Resolution No. 2020-13 / Agreement between Multiple Agencies and City of Lafayette regarding

the Local Agency Funding of the State Highway 7 Preliminary & Environmental Engineering Project (PEL)

Recommendation: Council motion to approve Resolution No. 2020-13 approving a Multi-Agency IGA regarding the Local Agency Funding of the State Highway 7 Preliminary & Environmental Engineering Project in an amount not to exceed $130,000.00

Purpose: This is an intergovernmental agreement (IGA) between eight (8) governmental entities; Adams County, Boulder County, the City and County of Broomfield, the City of Boulder, the City of Brighton, the City of Lafayette, the City of Thornton, and the Town of Erie. An IGA is any agreement that involves or is made between two or more governments in cooperation to solve problems of mutual concern. Governments use IGAs for cooperative planning, resource sharing, and more. In this case, the project contemplated has multiple stakeholders that benefit from the work and therefore are party to cost sharing associated with the development of the planning documents. In accordance with City code, all IGAs must go through City Council for approval. Background: The State Highway 7 (SH 7) Preliminary & Environmental Engineering Project (Project) extends approximately 25 miles from Boulder to Brighton. The project will advance design, environmental, right of way, access inventory and planning, utility inventory and coordination, and other needed items in order to inform future decision making to identify and prioritize future projects along the corridor. Broomfield’s TIP application was selected for funding and approved by the DRCOG Board on August 21, 2019 for inclusion in the 2020-2023 TIP. Corridor communities have agreed to commit a share of local funding as a match to the grant for a total of $1M in local funds. CDOT Region 1 will be the lead on this Project with support from Region 4 and in coordination with RTD and all local agencies. Due to the extensiveness and complexity of scope, the project is anticipated to take four years to complete. Staff will update council on the progress of this project at key schedule milestones. The City Attorney and City Staff have reviewed the IGA and recommend approval of this agreement. Fiscal impact: The budget for this $10M project will include $8M in federal funds, $1M in state funds and $1M in local funds. The City of Lafayette’s share of the local agency match is $130,000.00. These funds were allocated in the 2020 budget (34-301-932100, Street Improvements, 119th Street/Baseline Intersection). Attachments: Resolution No. 2020-13 IGA

CITY OF LAFAYETTE

RESOLUTION NO. 2020-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, APPROVING AN

INTERGOVERNMENTAL AGREEMENT FOR THE SHARING OF COSTS AND LOCAL FUNDS FOR THE

PRELIMINARY AND ENVIRONMENTAL ENGINEERING AND DESIGN OF PROPOSED IMPROVEMENTS TO

STATE HIGHWAY 7 FROM BRIGHTON TO BOULDER

WHEREAS, the City and County of Broomfield (“Broomfield”) applied for federal Transportation Improvement Program (“TIP”) funds through the Denver Regional Council of Governments (“DRCOG”) for the Colorado State Highway 7 Preliminary & Environmental Engineering Project (“Project”), which relates to proposed improvements to State Highway 7 from Brighton to Boulder; and

WHEREAS, the Colorado Department of Transportation (“CDOT”) will be the lead agency for the Project; and

WHEREAS, the City of Lafayette, along with Broomfield, Adams County, Colorado, Boulder County, Colorado, the cities of Boulder, Brighton, and Thornton, and the Town of Erie (collectively, the “Parties”), have all committed non-federal funds to the Project; and

WHEREAS, the Parties desire to enter into the Intergovernmental Agreement attached hereto and incorporated herein, to provide for the sharing of costs and local funding for the Project in accordance with the terms and conditions of the Intergovernmental Agreement; and

WHEREAS, the City Council of the City of Lafayette desires to approve the Intergovernmental Agreement, with the City’s contribution to the Project to be $130,000.00 in the year 2020.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows:

The Intergovernmental Agreement between the Adams County, Colorado, Boulder

County, Colorado, the City and County of Broomfield, the cities of Boulder, Brighton, Lafayette, and Thornton, and the Town of Erie, for the sharing of costs and local funds for the Colorado State Highway 7 Preliminary & Environmental Engineering Project, is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the City.

RESOLVED AND PASSED THIS 18th DAY OF FEBRUARY, 2020 CITY OF LAFAYETTE, COLORADO _________________________________ Jamie Harkins, Mayor ATTEST: _______________________________ Susan Koster, CMC, City Clerk APPROVED AS TO FORM: _____________________________ Mary Lynn Macsalka, City Attorney

INTERGOVERNMENTAL AGREEMENT

THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) , dated this ___ day of ____, 2020, is made by and between ADAMS COUNTY, STATE OF COLORADO (“Adams County”); BOULDER COUNTY, STATE OF COLORADO (“Boulder County”); the CITY AND COUNTY OF BROOMFIELD, a municipal corporation and county (“Broomfield”), the cities of BOULDER (“Boulder”), BRIGHTON (“Brighton”), LAFAYETTE (“Lafayette”) and THORNTON (“Thornton”), each a Colorado home-rule municipal corporation, and the Town of ERIE , a Colorado statutory town (“Erie”). Each of the governmental entities shall be referred to herein, individually by name or as a “Party” and, collectively, as the “Parties.”

RECITALS

WHEREAS, the Parties are authorized by the provisions of Colo. Const. art. XIV, § (18)(2)(a) and C.R.S. § 29-1-201 et seq., to enter into contracts with one another for the performance of functions that they are authorized by law to perform on their own; and

WHEREAS, the Parties are governmental entities, each with authority to build and maintain

public roads and regulate traffic within their respective boundaries; and WHEREAS, the Parties desire to set forth their understanding relating to the Colorado State

Highway 7 Preliminary & Environmental Engineering Project (“Project”) which physically relates to proposed improvements to State Highway 7 from Brighton to Boulder; and

WHEREAS, Broomfield was the applicant for federal Transportation Improvement Program

(“TIP”) funds through the Denver Regional Council of Governments (“DRCOG”) and the Colorado Department of Transportation (“CDOT”) will be the lead for the Project and, as such, Broomfield and CDOT have entered or will enter into an Intergovernmental Agreement regarding the Project; and

WHEREAS, each of the Parties, has committed non-federal funds which this Agreement hereby

is meant to memorialize in addition to outlining any other necessary obligations and responsibilities between the Parties; and

WHEREAS, the Parties desire to enter into this Agreement to share costs for the preliminary and environmental engineering and design of Colorado State Highway 7 and provide for funding for same in accordance with the terms and conditions hereof.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and

promises herein contained, the Parties agree as follows:

1. TERM. The term of this Agreement shall commence upon execution of the last of the Parties and be effective through the completion of fiscal year 2023.

2. NON- FEDERAL FUNDING OBLIGATIONS. The Parties agree to provide non-federal funding in the amounts identified on the Funding Commitments chart identified as Exhibit A, attached hereto and incorporated by this reference, solely for the Project. Timing of funding obligations shall be as shown on

1 IGA for State Highway 7 Preliminary & Environmental Engineering

Exhibit A.

3. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing herein shall be construed as or is intended as a waiver of the rights and protections afforded any of the Parties under the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as the same may be amended from time to time. Further, the Parties agree that in the event any claim or suit is brought against any or some of the Parties, the Parties will cooperate with one another and with the insuring entities of the respective Parties in defending such claim or suit. 4. FINANCIAL OBLIGATIONS. All financial obligations of the Parties under this Agreement are subject to appropriation, budgeting, and availability of funds to discharge such obligations. Nothing in this Agreement shall be deemed to pledge any Parties credit or faith, directly or indirectly. 5. NO NON-PARTY BENEFICIARIES. This Agreement is intended to describe the rights and responsibilities only as to the Parties hereto. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not named as a party hereto. 6. AUTHORIZED REPRESENTATIVES. Each Party will identify the Name, Title, telephone number and email address of an authorized representative who will be able to field questions or find the appropriate local government agent to assist with questions related to funding, right-of-way acquisitions, utilities and railroad crossings. This information shall be provided to and maintained by Sarah Grant, Transportation Manager for the City and County of Broomfield, 303-438-6385, [email protected]. 7. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the Parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. 8. SEVERABILITY. If any provision of this Agreement as applied to any Party or to any circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in any other circumstances, or the validity or enforceability of the Agreement as a whole. 9. ASSIGNMENT. This Agreement shall not be assigned by any Party without the prior written consent of the other Parties. 10. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective legal representatives, successors, heirs, and assigns, provided that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein.


11. WAIVER OF BREACH. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any Party. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado. Venue for any legal action related to this Agreement shall lie in the District Court, Broomfield County, Colorado. 13. EXECUTION. This Agreement may be executed electronically and/or in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. This Agreement shall not be binding upon any Party hereto unless and until the Parties have executed this Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly authorized

and executed.

REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGES FOLLOW.


ADAMS COUNTY BOARD OF COUNTY COMMISSIONERS

______________________________ Date: _____________________ Emma Pinter, Chair

ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ County Clerk County Attorney


COUNTY OF BOULDER BOARD OF COUNTY COMMISSIONERS

______________________________ Date: _____________________ Elise Jones, Chair

ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ County Clerk County Attorney


CITY AND COUNTY OF BROOMFIELD, a Colorado municipal corporation and county __________________________________ Date: ______________________ Patrick Quinn, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ City and County Clerk City and County Attorney


CITY OF BOULDER, COLORADO ___________________________________ Date: ______________________ Jane S. Brautigam, City Manager ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ Lynette Beck, City Clerk City Attorney


CITY OF BRIGHTON, COLORADO ___________________________________ Date: ______________________ Greg Mills, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ Natalie Hoel, City Clerk City Attorney


CITY OF LAFAYETTE, COLORADO ___________________________________ Date: ______________________ Jamie Harkins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ Susan Koster, CMC, City Clerk City Attorney


CITY OF THORNTON, COLORADO ___________________________________ Date: ______________________ Jan Kulmann, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ Kristen N. Rosenbaum, City Clerk City Attorney


TOWN OF ERIE, COLORADO ___________________________________ Date: ______________________ Jennifer Carroll, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ Jessica Koenig, Town Clerk Town Attorney


EXHIBIT A Local (non-federal) share of funding by year of commitment

Participant Total Commitment

2020 2021 2022 2023

Adams County

$ 200,000 $100,000 $100,000

City of Brighton

$ 75,000 $37,500 $37,500

City of Thornton

$ 125,000 $125,000

Boulder County

$ 164,000 $164,000

City of Boulder

$ 133,000 $66,500 $66,500

City of Lafayette

$ 130,000 $130,000

Town of Erie $ 21,000 $21,000

City & County of Broomfield

$ 152,000 $152,000

Total $1,000,000 $796,000 $ 204,000


STAFF REPORT TO: Fritz Sprague, City Administrator FROM: Tony Raeker, Sustainability Coordinator DATE: February 18, 2020 SUBJECT: Resolution No. 2020-14 / Intergovernmental Agreement (IGA) for Boulder County Environmental Sustainability Matching Grant

Recommendation: Motion to approve Resolution No. 2020-14 / Approving the Intergovernmental Agreement with Boulder County for the 2020 Environmental Sustainability Matching Grant.

Background: City staff and the Lafayette Energy Sustainability Advisory Committee (LESAC) successfully applied for a Boulder County Sustainability Matching Grant for 2020 sustainability projects. The grant is for $30,000 with a cash match requirement of $10,000, bring the total project funding to $40,000. Staff and LESAC recommend approval of the 2020 Intergovernmental Agreement between Boulder County and the City of Lafayette. The grant funding will be divided across three different projects, which are summarized below: 1. Solar access study - $12, 500. The City will contract with a solar design specialist to develop a solar

fencing ordinance and optimize it for Lafayette’s building stock. A PV readiness code is currently under development, and solar fencing, a much more complex endeavor, would be the next step to advancing regulatory climate for solar.

2. Incentivize energy audits – $12,500. The City will work with EnergySmart to augment their incentives for energy efficiency measures and home energy assessments to spur greater participation.

3. Incentivize electric vehicle charging stations - $15,000. The project will provide subsidies for the installation for electric vehicle (EV) charging stations at business or non-profit locations in the community. The subsidy will be in addition to the grants provided by the Regional Air Quality Council, and only to projects that are receiving a RAQC grant. Some funds will be reserved for ride-and-drive outreach events.

Fiscal Impact: None. Attachments: Application Summary

Project Details Form – Energy and Buildings Project Details Form - Transportation

Resolution No. 2020-14 Boulder County IGA

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Environmental Sustainability Matching Grant Application for 2020 Funding APPLICATION SUMMARY FORM

Please submit your application online here by Wednesday, Sep. 25, 2019 at 5 p.m. Remember to complete in advance and attach your Project Details Form(s) before submitting your application. Before filling out the application, please read the Grant Program Request for Funding on the program website. Municipalities in Boulder County are eligible to apply for grant funding.

Municipality: City of Lafayette Tax ID#: 84 - 6000600 Project Coordinator Name and Title: Tony Raeker, Sustainability Coordinator Mailing Address: 1290 South Public Road City: Lafayette State: Colorado Zip Code: 80026 Phone: 303-661-1228 Email Address: [email protected]

Please provide detailed answers to the following questions.

Proposal Goals and Rational: 1) What community will this proposal serve?

The proposal will serve the City of Lafayette.

2) What is the goal(s) of your community for this proposal? Also, identify the title of the environmental sustainability goal, resolution, and/or plan that this proposal addresses, and include a web link for it. Please explain how the proposal addresses an environmental sustainability priority. Our proposal covers four different projects, which encompass access to solar energy, energy efficiency, alternative transportation, and zero waste.

3) The Sustainability Tax states that funding will be allocated annually as grant funding for sustainability-focused initiatives that will address the priority needs of local communities in Boulder County, and that grant funding will be directed to cities and towns applying for municipal project grants on the basis of program need. Please describe how your proposal addresses a program need in your community.

As indicated above, Lafayette has ambitious goals related to sustainability. The grant will help implement a range of sustainability projects that will directly benefit the community. Successful implementation will improve access to solar energy, increase residential energy efficiency, improve access to EV charging infrastructure, and move the City closer to its waste reduction goals.

Boulder County Commissioners’ Office 1325 Pearl Street, Boulder CO 80302

https://www.bouldercounty.org/environment/sustainability/matching-grant-program/

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4) What environmental sustainability benefits will your proposal provide to the local community?

Our proposal covers four projects, each of which has clear environmental benefits: Solar access study – the study will make it easier for residents to install photovoltaic systems

by ensuring that access to sunlight is protected. Incentivized energy audits – By incentivizing home energy audits we will be helping residents

identify opportunities to improve the efficiency, comfort and indoor environmental quality of their homes. If followed by energy efficiency upgrades, the project will also result in decreased energy use and GHG emissions.

Incentives for EV charger installation and EV outreach – this project will result in lower emissions by increasing the number and availability of EV charging stations in the community. The project will also include Ride and Drive events to help people test drive EVs, understand their benefits, and be comfortable with them as a purchase option.

Waste diversion education and resources for preschools – this project will assist in providing waste diversion education and resources for preschools. Small schools often lack the resources of school districts and other large organizations to develop effective waste diversion program. We hope to use this grant for a pilot project to create broadly replicable waste diversion education and resources for these schools.

Select the activity that your proposal falls under. (Select all that apply)

☒ Project community-wide ☐ Municipal capital improvements

☐ Sustainability staff ☒ Consultant, fellow, or paid intern

Does your proposal include leveraging county programs? ☒ Yes ☐ No Select the category that your proposal includes. (Select all that apply) Include a separate Project Details Form for each category you’re including. Download the Project Details Form provided on the program website, save on your computer, complete, and then attach to your application before submission. ☐ Climate ☐ Ecological Health ☒ Energy & Buildings ☐ Local Food & Agriculture

☒ Transportation ☐ Water Conservation

☒ Zero Waste

☐ Sustainability Planning ☐ Commercial Sector Sustainability

Additional Attachments: Please attach a signed letter or resolution documenting agreement by the municipality staff and the municipality’s environmental sustainability advisory board to pursue the proposed project(s) so long as the funding request is granted.

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Overall Budget Information: Funding Sources Amount

1. Amount requested from Boulder County (See the table in the Request for Funding that shows how much funding each municipality in Boulder County is eligible to apply for.)

$33,750

2. Applicant cash contribution (Municipalities with a population greater than or equal to 5,000 must match their request with a 25% cash match of the dollar amount requested.)

$11,250

3. Other community contribution (in-kind, volunteer, donations, other grants) (Municipalities with a population less than 5,000 must match their request with a 25% match from in-kind, volunteer, and donation contributions and/or through a cash match. In-kind contributions can include paid staff, consultant, and intern time.)

4. Total project budget (#1 + #2 + #3)

$45,000

Additional Information:

Please add any additional information you’d like to include in your application here. If your application proposes a project that exceeds your municipality’s annual available allocation, please contact the Grant Program Manager because a supplement is required.

Please contact the Grant Program Manager Lea Yancey at 720-564-2723 or [email protected] with questions.


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Environmental Sustainability Matching Grant Application for 2020 funding PROJECT DETAILS FORM

Please submit your application online here by Wednesday, Sep. 25, 2019 at 5 p.m. Before filling out the application, please read the Grant Program Request For Funding on the program website. The application consists of: 1) Application Summary Form; and 2) Project Details Form. If you haven’t yet downloaded, completed, and saved the Application Summary Form, please start there. Then, download and complete a separate Project Details Form for each category you’re applying for. Attach the Project Details Form(s) to your online application before submission.

Municipality Name: City of Lafayette Tax ID#: 84 - 6000600 Project Title: Solar access code and Incentivized energy audits Category of your Project: Energy and Buildings

Project Design, Logistics and Timeline: Please answer the following questions to describe the project you would like to implement using the requested funds. If you are requesting funding for more than one category, please complete this Project Form for EACH category and limit this form to no more than 3 pages per category.

1) Scope and description of project: As part of our 2020 grant, the City and LESAC would like to complete two projects related to energy and buildings: 1. Solar access study - $12,500. The City will contract with a solar design specialist to develop a

solar fencing ordinance and optimize it for Lafayette’s building stock. A PV readiness code is currently under development, and solar fencing, a much more complex endeavor, would be the next step to advancing regulatory climate for solar.

2. Incentivized energy audits – $12,500. The City and LESAC will work with EnergySmart to provide incentivized or rebated home energy assessments to incentivize greater participation.

2) Expected Outcomes of the project: Please include how you will measure the quantitative and qualitative success of this project, including expected outcomes, metrics, and deliverables.

1. Solar access study – Success would be determining if a solar fencing ordinance is viable in

Lafayette, and if so, implementing said ordinance. The impact of a solar fencing ordinance on installed solar projects would not be apparent or measureable for a number of years after adoption.

2. Incentivized energy audits – We are in discussions with EnergySmart to determine the exact amount of the incentive (subsidy or rebate, partial or complete), but success would be



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measured by an increase in the number of energy audits completed in Lafayette over previous years, and to a lesser degree also the number of completed energy upgrades.

3) Timeline of the project:

Keep in mind that awardees are expected to complete the proposed project within a 12-month timeframe.

1. Solar access study – We expect the study to take four to five months after awarding the RFP. Total time including the RFP will be approximately nine months from the date of the grant award and adoption by City Council.

2. Incentivized energy audits – The incentive system will be developed in coordination with EnergySmart and will end December 31, 2020, or when funds are depleted, whichever occurs first.

4) Committed Departments, Advisory Committees, and Community Partners necessary for the success of

the project:

1. Solar access study – LESAC will assist in this effort and there will be a contract consultant to develop the ordinance (determined by RFP).

2. Incentivized energy audits – This project will be developed and implemented in coordination with EnergySmart and will receive further assistance from LESAC.

5) What actions have already been completed to ensure the success of your project? These actions may

include planning, design, coordination with departments and other stakeholders, community engagement to collect input and support, any code approvals or other city processes, etc.

1. Solar access study – The City is currently working on adopting PV-ready requirements in the

building and development codes. These code elements are considered prerequisites to future adoption of a solar fencing ordinance. The budget above also includes funds to conduct community outreach on the ordinance and solar in general.

2. Incentivized energy audits – EnergySmart already has a strong, well-developed outreach program. The incentive will seek to augment those programs and spur increased participation. The City already provides links to EnergySmart on the City website and runs periodic public service messages related to the program, but as part of the grant project, we will provide additional messaging associated with the increased incentive.

6) Any other project details and pertinent information about why your project should be considered for

Boulder County funding:

1. Solar access study – The study is the next step to making Lafayette, which is already a designated Solar Friendly Community, an even better place for solar.

2. Subsidized energy audits – In collaboration with the County, we wish to build on the success of an existing program.

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Project Budget:

Project Title Amount of Grant Funding Requested

Amount of Municipal Match

1. Solar access 2. Subsidized energy audits

$9,375 $9,375

$3,125 $3,125

Please contact the Grant Program Manager, Lea Yancey, at 720-564-2723 or [email protected] with questions.

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Environmental Sustainability Matching Grant Application for 2020 funding PROJECT DETAILS FORM

Please submit your application online here by Wednesday, Sep. 25, 2019 at 5 p.m. Before filling out the application, please read the Grant Program Request For Funding on the program website. The application consists of: 1) Application Summary Form; and 2) Project Details Form. If you haven’t yet downloaded, completed, and saved the Application Summary Form, please start there. Then, download and complete a separate Project Details Form for each category you’re applying for. Attach the Project Details Form(s) to your online application before submission.

Municipality Name: City of Lafayette Tax ID#: 84 - 6000600 Project Title: Incentives for EV charger installation and EV outreach Category of your Project: Transportation

Project Design, Logistics and Timeline: Please answer the following questions to describe the project you would like to implement using the requested funds. If you are requesting funding for more than one category, please complete this Project Form for EACH category and limit this form to no more than 3 pages per category.

1) Scope and description of project: The project will provide subsidies for the installation for electric vehicle (EV) charging stations at business or non-profit locations in the city. The subsidy will be in addition to the grants provided by the Regional Air Quality Council, and only to projects that are receiving a RAQC grant. City staff and LESAC will coordinate with RAQC to determine the ideal allocation per location, but we are currently planning on five grants at $2,250 and $1,250 reserved for outreach events to encourage the purchase of EVs. While the RAQC grants cover up to $9,000, full installation of an EV charging station often costs $12,000 - $15,000. The additional subsidy, in conjunction with a RAQC grant, will lower the barrier for businesses interested in installing a charging station.

2) Expected Outcomes of the project: Please include how you will measure the quantitative and qualitative success of this project, including expected outcomes, metrics, and deliverables. Success of the subsidies will be measured by the installation on EV charging stations at locations in the city. For the EV ride and drive events, success will be measured by attendance and indicators of interest in an EV purchase. We are expecting to host these events with EV non-profits and EV dealers and believe they will have mechanisms for tracking interest. Since the City and LESAC do not directly engage in EV sales, we look to these project partners for measures of increased EV purchases.



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3) Timeline of the project:

Keep in mind that awardees are expected to complete the proposed project within a 12-month timeframe. If approved for the grant, City staff will begin coordinating with RAQC so that roll-out could occur as early in 2020 as possible. RAQC has predefined grant application windows that occur on a quarterly basis. We will work with them to ensure that grants are only offered during cycles where the grant could paid out before the end of 2020. In regards to the events, we are expecting to have one or two events, between mid-spring and early fall.

4) Committed Departments, Advisory Committees, and Community Partners necessary for the success of the project: LESAC will assist on the project, and we are expecting to work with RAQC, EV advocacy organizations, and EV dealers.

5) What actions have already been completed to ensure the success of your project? These actions may include planning, design, coordination with departments and other stakeholders, community engagement to collect input and support, any code approvals or other city processes, etc. The City already has several publically available chargers, and financially assisted with the installation of a charging station at a local business. Additionally, LESAC has staged or assisted with EV events in the past that were well attended.

6) Any other project details and pertinent information about why your project should be considered for Boulder County funding:

Boulder County has one of the highest concentrations of EVs in the U.S. – a trend that is likely to continue, but the region will need more charging stations to support the transition to fossil fuel-free transportation.

Project Budget:

Project Title Amount of Grant Funding Requested

Amount of Municipal Match

Incentives for EV charger installation and EV outreach

$11,250

$3,750

Please contact the Grant Program Manager, Lea Yancey, at 720-564-2723 or [email protected] with questions.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAFAYETTE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN

THE CITY OF LAFAYETTE AND BOULDER COUNTY CONCERNING BOULDER COUNTY’S

ENVIRONMENTAL SUSTAINABILITY MATCHING GRANT PROGRAM

WHEREAS, the Colorado Constitution, Article XIV, Section 18 (2) (a) and C.R.S. Section

29-1-203, provides that political subdivisions of the State, which includes counties and municipalities, may contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating entities; and

WHEREAS, in 2013, Boulder County created and implemented the Sustainability

Matching Grant Program (“Program”), which provides an opportunity for governmental organizations within Boulder County to undertake environmental sustainability priorities within their communities and helps the county leverage resources for a coordinated, regional approach to environmental sustainability; and

WHEREAS, in December 2019, Boulder County selected recipients of sustainability

matching grants, which included an award to the City of Lafayette, to evaluate and update the Lafayette Municipal code to support the City’s sustainability goals and initiatives; develop and implement an application and enforcement process for the proposed solar energy ordinance and solar access ordinance; and to evaluate streamlined permitting.


Colorado as follows: The Intergovernmental Agreement between the City of Lafayette (“City”) and Boulder

County regarding the administration of the Environmental Sustainability Matching Grant Program award from Boulder County to the City is approved in substantially the same form as the copy attached hereto and made a part of this resolution, with the Mayor being authorized to sign the Agreement on behalf of the City.

RESOLVED AND PASSED THIS 18th DAY OF FEBRUARY, 2020.

CITY OF LAFAYETTE, COLORADO ATTEST: _________________________________ Jamie Harkins, Mayor _______________________ Susan Koster, CMC, City Clerk APPROVED AS TO FORM: __________________________________ Mary Lynn Macsalka, City Attorney

INTERGOVERNMENTAL AGREEMENT

Environmental Sustainability Matching Grant Program

DETAILS SUMMARY

Document Type New Contract

OFS Number-Version

County Contact Information

Boulder County Legal Entity Boulder County

Department Commissioners Office

Division/Program Office of Sustainability, Climate, and Resilience

Mailing Address P.O. Box 471, Boulder, CO 80306

IGA Contact – Name, email Lea Yancey, [email protected]

Invoice Contact – Name, email Natalie Schranz, [email protected]

Recipient Contact Information

Organization Name City of Lafayette

Mailing Address P.O. Box 250, Lafayette, CO 80026

Contact 1- Name, title Tony Raeker, Sustainability Coordinator

Contact 1- email [email protected]

Contact 2 Debbie Wilmot, [email protected]

IGA Term

Effective Date 01/01/2020

End Date 12/31/2022

IGA Amount

IGA Amount $5,000 minimum, maximum fluctuates based on

sustainability tax revenue collected and municipality

population

Fixed Price or Not-to-Exceed? Not to Exceed

Brief Description of Project

The Boulder County Office of Sustainability, Climate, and Resilience is awarding a

sustainability matching grant to the City of Lafayette after selection from RFP. The grant

provides funding for sustainability-focused initiatives that address the priority needs of local

communities in Boulder County, and leverages community resources for a coordinated,

regional approach to environmental sustainability.

IGA Documents

a. Exhibit A - Form of Award Notice

b. Exhibit B - Quarterly Report Template

IGA Notes

Additional information not included above

This Intergovernmental Agreement (“IGA”) is entered into by the Board of County

Commissioners on behalf of the County of Boulder, State of Colorado, a body corporate and politic

(“County”), and City of Lafayette, a Colorado municipality (the “Recipient”) (each a “Party”).

BACKGROUND

A. The Colorado Constitution Article XIV, Section 18(2)(a) and C.R.S. §29-1-201 et.

seq provide that political subdivisions of the State may contract with one another to provide any

function, service, or facility lawfully authorized to each of the cooperating units;

B. The County has authority to enter into this IGA pursuant to Board of County

Commissioners’ Resolution No. 2016-79 (“Resolution”) and 2016 County Ballot Issue 1C,

“Countywide Sustainability Sales and Use Tax Extension,” (“Sustainability Tax”) which was

adopted by the voters of the County of Boulder in November 2016;

C. The general purpose of the Sustainability Tax is to provide funding to develop,

implement and achieve the County’s environmental conservation and sustainability goals as

further detailed in the Resolution;

D. To that end, a portion of the Sustainability Tax revenue funds the County’s

Sustainability Matching Grant Program (the “Program”), which assists municipalities within the

County in undertaking environmental sustainability initiatives on a local level (a “Project”) and

leverages community resources for a coordinated, regional approach to environmental

sustainability; and

E. The terms of this IGA apply to any award of funding granted under the Program

(an “Award”).

AGREEMENT

1. Incorporation into IGA: The Details Summary and the IGA Documents are

incorporated into this IGA.

2. Award Process:

a. In order for a Project to be eligible for an Award, Recipient must submit a

complete application during the annual Program application process

(“Application”).

b. County will determine annually, and in its sole discretion, whether to grant

funding for a Project.

c. If County grants funding for a Project, County will notify Recipient of the grant

details and any requirements in addition to those set forth in the Application in

an award notice in the form attached as Exhibit A (an “Award Notice”).

d. Unless Recipient notifies County of any objections to the Award Notice within

10 days, the Award Notice and the Application (together, the “Award Terms”)

will become incorporated by reference into this Agreement.

3. Recipient Obligations: Recipient will:

a. provide all labor and equipment and do all tasks necessary and incidental to

completing the Project;

b. spend at least the Matching Funds Amount on the Project;

c. arrange for the Community Contribution, if any, in connection with the Project;

d. complete the Project by the Completion Date;

e. present about the Project on an annual basis upon the County’s request, such

presentation to include information about Recipient’s objectives for the Project,

how it fits overall within Recipient’s sustainability goals, results & outcomes,

any changes made to the Project over the year, lessons learned, and integration

of Project results and findings going forward;

f. return any unused portion of the Award to the County promptly following the

Completion Date of the Project;

g. return the full amount of the Award to the County, upon County’s request if the

Project is not underway by the Expiration Date;

h. submit quarterly reports to the County by the 14th day of the month following

the quarter end (April 14, July 14, and October 14 and January 14), which (1)

detail the progress, metrics and expense of the Project, using the template

attached as Exhibit B, and (2) include receipts and invoices relevant to that

quarter’s spending (such invoices to include the contractor’s name and address,

detailed description of service, dates of service, itemization of labor and

material costs, date of invoice, unique invoice number and total amount due);

and

i. submit a final report to County within 30 days after the completion of the

Project.

4. Payment of Award. The County will pay the Award Amount to the Recipient as

soon as practicable after the County budget is approved in the first quarter of the calendar year,

unless otherwise specified in the Award Notice.

5. No Entitlement. The execution of this IGA does not entitle the Recipient to receive

an Award. Further, the disbursement of an Award to the Recipient in one calendar year in no way

guarantees that the Recipient will receive an Award in any future year.

6. Term. The Term of this IGA begins on the Effective Date and continues for one

year. The Term will automatically renew for additional one-year periods unless terminated by

either Party at least 30 days before the end of the then-current Term for so long as the Sustainability

Tax is in effect.

7. Project Modifications. The Parties acknowledge that changes to the scope and

duration of a Project may occasionally be necessary for a Project to succeed. Recipient must obtain

County’s prior written consent, which will not be unreasonably withheld, to make any material

modifications to a Project. County has no obligation to increase the amount of an Award in

connection with a Project modification.

8. Nondiscrimination: Recipient will comply with the Colorado Anti-Discrimination

Act, C.R.S. § 24-34-401, et seq., as amended, and all applicable local, State and Federal laws

concerning discrimination and unfair employment practices. County prohibits unlawful

discrimination on the basis of race, color, religion, gender, gender identity, national origin, age 40

and over, disability, socio-economic status, sexual orientation, genetic information, or any other

status protected by applicable Federal, State or local law. Recipient must require that its

subcontractors, if any, similarly comply with all applicable laws concerning discrimination and

unfair employment practices.

9. Audit Rights: County may audit and inspect Recipient’s facilities, books, records,

accounts and any other relevant source of information to confirm Recipient’s compliance with this

IGA. County will provide at least 24 hours’ advance written notice and only perform an audit

during Recipient’s normal business hours.

10. Independent Contractor: Recipient is an independent contractor for all purposes

in completing a Project. Recipient is not an employee of the County for any purpose, including the

Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act,

the provisions of the Internal Revenue Code, the Colorado Workers’ Compensation Act, the

Colorado Unemployment Insurance Act, and the Public Employees Retirement Association.

Accordingly, County will not withhold or pay any income tax, payroll tax, or retirement

contribution of any kind on behalf of Recipient or its employees. Recipient is responsible for

employing and directing such personnel and agents as it requires to complete a Project. Recipient

will exercise complete authority over its personnel and agents and will be fully responsible for

their actions.

11. Termination for Breach: Recipient’s failure to perform any of its material

obligations under this IGA, in whole or in part or in a timely or satisfactory manner, will be a

breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar

law, by or against Recipient, or the appointment of a receiver or similar officer for Recipient or

any of its property, which is not vacated or fully stayed within 30 days after the institution of such

proceeding, will also constitute a breach. In the event of a breach, the County may provide written

notice of the breach to the Recipient. If the Recipient does not cure the breach, at its sole expense,

within 30 days after delivery of notice, the County may exercise any of its remedies provided under

this IGA or at law.

12. Remedies for Non-Performance: If Recipient fails to perform any of its

obligations under this IGA, County may, at its sole discretion, exercise one or more of the

following remedies, which shall survive expiration or termination of this IGA:

a. Suspend Use of Funds: County may require that Recipient freeze its use of

the Award pending necessary corrective action specified by the County. Recipient must

immediately cease using any funds from the Award upon delivery of a notice of suspension by the

County.

b. Return Award: County require Recipient to return to the County all or part

of the funding of an Award. Upon County ’s request, Recipient will repay the County within the

time frame established by the County in its sole discretion.

13. Conflicts of Interest: Recipient must not engage in any business or personal

activities or practices or maintain any relationships that conflict in any way with the full

performance of Recipient’s obligations.

14. Notices: All notices provided under this IGA must be in writing and sent by

Certified U.S. Mail (Return Receipt Requested), electronic mail, or hand-delivery to the other

Party’s Contact at the address specified in the Details Summary. For certified mailings, notice

periods will begin to run on the day after the postmarked date of mailing. For electronic mail or

hand-delivery, notice periods will begin to run on the date of delivery.

15. Statutory Requirements: This IGA is subject to all statutory requirements that

are or may become applicable to counties or political subdivisions of the State of Colorado

generally, including but not limited to: C.R.S. § 38-26-107, which requires withholding funds

where the County receives a claim for payment from a supplier or subcontractor of Recipient upon

notice of final settlement (required for public works IGAs that exceed $150,000); C.R.S. § 8-17-

101 et seq.; C.R.S. § 18-8-301, et seq.; and C.R.S. § 18-8-401, et seq.

16. Entire Agreement/Binding Effect/Amendments: This IGA represents the

complete agreement between the Parties and is fully binding upon them and their successors, heirs,

and assigns, if any. This IGA terminates any prior agreements, whether written or oral in whole or

in part, between the Parties relating to the Work. This IGA may be amended only by a written

agreement signed by both Parties.

17. Assignment/Subcontractors: This IGA may not be assigned or subcontracted by

Recipient without the prior written consent of the County. If Recipient subcontracts any of its

obligations under this IGA, Recipient will remain liable to the County for those obligations and

will also be responsible for subcontractor’s performance under, and compliance with, this IGA.

18. Governing Law/Venue: The laws of the State of Colorado govern the

construction, interpretation, performance, and enforcement of this IGA. Any claim relating to this

IGA or breach thereof may only be brought exclusively in the Courts of the 20th Judicial District

of the State of Colorado and the applicable Colorado Appellate Courts.

19. Breach: The failure of either Party to exercise any of its rights under this IGA will

not be deemed to be a waiver of such rights or a waiver of any breach of the IGA. All remedies

available to a Party in this IGA are cumulative and in addition to every other remedy provided by

law.

20. Severability: If any provision of this IGA becomes inoperable for any reason but

the fundamental terms and conditions continue to be legal and enforceable, then the remainder of

the IGA will continue to be operative and binding on the Parties.

21. Third-Party Beneficiary: Enforcement of the terms and conditions and all rights

and obligations of this IGA are reserved to the Parties. Any other person receiving services or

benefits under this IGA is an incidental beneficiary only and has no rights under this IGA.

22. Colorado Open Records Act: County may disclose any records that are subject to

public release under the Colorado Open Records Act, C.R.S. § 24-72-101, et seq.

23. Conflict of Provisions: If there is any conflict between the terms of the main body

of this IGA and the terms of any of the IGA Documents or any Award Addendum, the terms of

the main body of the IGA will control.

24. Legal Compliance: Recipient assumes full responsibility for obtaining and

maintaining any permits and licenses required to complete a Project. Recipient’s performance

under this IGA and any Project itself will comply with all Federal, State, and local laws,

regulations, ordinances and codes.

25. Publicity Releases: County encourages Recipient to publicize its Project(s) and

asks only that County have the option to review, and provide input on, any such publication,

including press releases.

26. Sustainability: County encourages Recipient to consider the procurement and use

of environmentally preferable products and services while completing a Project.

“Environmentally preferable purchasing” means making purchasing choices for products and

services that have a lesser or reduced adverse effect on human health and the environment when

compared with competing products and services that serve the same purpose. County encourages

Recipient to incorporate the following actions into its completion of a Project: environmentally

preferable supplies and services; conservation of water; efficient energy use; waste prevention;

reuse and recycle construction and de-construction materials in a manner that maximizes reuse of

materials; sustainable transportation choices, including consideration to business communication

software such as Skype alternative to air travel and public transit or carpooling for in-person

meetings; pollution prevention; low toxicity for public health & safety; and reduced emissions to

address climate change.

27. Limitation of Liability: COUNTY SHALL NOT BE LIABLE TO RECIPIENT

FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT

DAMAGES ARISING FROM OR RELATING TO THIS CONTRACT, REGARDLESS OF

ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. COUNTY’S AGGREGATE

LIABILITY, IF ANY, ARISING FROM OR RELATED TO THIS CONTRACT, WHETHER IN

CONTRACT, OR IN TORT, OR OTHERWISE, IS LIMITED TO, AND SHALL NOT EXCEED,

THE AMOUNTS PAID OR PAYABLE HEREUNDER BY COUNTY TO RECIPIENT. ANY

CONTRACTUAL LANGUAGE LIMITING RECIPIENT’S LIABILITY SHALL BE VOID.

28. Insurance: Each Party is a “public entity” under the Colorado Governmental

Immunity Act, C.R.S. § 24-10-101, et seq., as amended, and shall always during the terms of this

IGA maintain such liability insurance, by commercial policy or self-insurance, as is necessary to

meet its liabilities under the Act. This insurance shall have minimum limits, which shall match or

exceed the maximum governmental liability limits set forth in C.R.S. § 24-10-114, as amended.

29. No Indemnification. Neither Party indemnifies the other Party. The County and

the Recipient each assume responsibility for the actions and omissions of its own agents and

employees in the performance or failure to perform work under this IGA. Such liability for actions

or omissions of their own agents and employees is not intended to increase the amounts set forth

in the Colorado Governmental Immunity Act, now existing, or as the same may be later amended.

By agreeing to this provision, the Parties do not waive nor intend to waive the limitations on

liability which are provided to the Parties under the Colorado Governmental Immunity Act § 24-

10-101 et seq., C.R.S., as amended.

30. Not Agent or Representative. Neither Party is an agent or representative of the

other Party and shall have no authority under this IGA or otherwise to make representations or

commitments, verbal or written, on behalf of the other Party without that Party’s express prior

consent.

31. No Multiple-Fiscal Year Obligation: The County’s financial obligations under

this IGA are contingent upon appropriation, budgeting, and availability of specific funds to

discharge those obligations. Nothing in this IGA constitutes a debt, a direct or indirect multiple

fiscal year financial obligation, a pledge of the County’s credit, or a payment guarantee by the

County to the Recipient.

32. Execution by Counterparts; Electronic Signatures: This IGA may be executed

in multiple counterparts, each of which will be deemed an original, but all of which will constitute

one agreement. The Parties approve the use of electronic signatures, governed by the Uniform

Electronic Transactions Act, C.R.S. §§ 24 71.3 101 to 121. The Parties will not deny the legal

effect or enforceability of this IGA solely because it is in electronic form or because an electronic

record was used in its creation. The Parties will not object to the admissibility of this IGA in the

form of electronic record, or paper copy of an electronic document, or paper copy of a document

bearing an electronic signature, because it is not in its original form or is not an original.

IN WITNESS WHEREOF, the Parties have executed and entered into this IGA as of the latter day

and year indicated below.

SIGNED for and on behalf of Boulder

County SIGNED for and on behalf of Recipient

Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

↓↓For Board-signed documents only↓↓ ↓↓ If applicable ↓↓

Attest Signature: Initial Attest Signature: Initial

Attestor Name: Attestor Name:

Attestor Title: Attestor Title:

EXHIBIT A

FORM OF AWARD NOTICE

Calendar Year 2020

Project Description Funding covers three projects:

Solar access study to make it easier for residents to install

photovoltaic systems and ensure that access to sunlight is protected.

Incentivized home energy audits to help residents identify

opportunities to improve the efficiency of their homes.

Incentives for EV charging stations to support the installation of

stations at business and non-profit locations in the city. The subsidy

will be in addition to the Charge Ahead Colorado grants provided by

the Regional Air Quality Council. The project will also include Ride

and Drive events.

Any Modifications as

part of award

The City of Lafayette will also include home energy rebates to

increase adoption of energy efficiency upgrades, as part of their

collaboration with the EnergySmart program.

Award Amount $30,000

Matching Funds

Amount

$10,000

Community

Contribution

$0

Multi-year Project No

Completion Date March 31, 2021

Expiration Date September 30, 2020

Payment Terms (if

different from IGA)

N/A

Additional

Information

Recipients are instructed to use the financial reporting template and

programmatic reporting template to summarize results, shown in

Exhibit B. Recipients are encouraged to provide supplemental

documentation to detail the progress and metrics for each project.

#2

From: WufooTo: Boerkircher, GabiSubject: Application Summary Form - 2020 Funding [#2]Date: Thursday, December 05, 2019 10:24:14 AM

Application Summary Form - 2020 Funding

DATE CREATED - PUBLIC

25 Sep 2019 at 9:059:05:17 AM UTC-07:00

Municipality * City of Lafayette

Tax ID # * 846000600

Project CoordinatorName & Title * Tony Raeker

Mailing Address *1290 S Public Road Lafayette, CO 80026 United States

Project CoordinatorPhone Number * (303) 661-1228

Project CoordinatorEmail Address * [email protected]

What community will thisproject serve? *

Our proposal covers four different projects, which encompass access tosolar energy, energy efficiency, alternative transportation, and zero waste.

What are the goals ofyour community for thisproposal? Also, identifythe title of theenvironmentalsustainability goal,resolution, and/or planthat this proposaladdresses, and include aweb link for it. Pleaseexplain how theproposal addresses anenvironmentalsustainability priority. *

As indicated above, Lafayette has ambitious goals related tosustainability. The grant will help implement a range of sustainabilityprojects that will directly benefit the community. Successfulimplementation will improve access to solar energy, increase residentialenergy efficiency, improve access to EV charging infrastructure, and movethe City closer to its waste reduction goals.

The Sustainability Taxstates that funding willbe allocated annually asgrant funding forsustainability-focusedinitiatives that willaddress the priorityneeds of local As indicated above, Lafayette has ambitious goals related to

sustainability. The grant will help implement a range of sustainability




communities in BoulderCounty, and that grantfunding will be directedto cities and townsapplying for municipalproject grants on thebasis of program need.Please describe how yourproposal addresses aprogram need in yourcommunity. *

projects that will directly benefit the community. Successfulimplementation will improve access to solar energy, increase residentialenergy efficiency, improve access to EV charging infrastructure, and movethe City closer to its waste reduction goals.

What environmentalsustainability benefitswill your proposalprovide to the localcommunity? *

Our proposal covers three projects, each of which has clear environmentalbenefits:

Solar access study – the study will make it easier for residents to installphotovoltaic systems by ensuring that access to sunlight is protected.

Incentivized energy audits – By incentivizing home energy audits we willbe helping residents identify opportunities to improve the efficiency,comfort and indoor environmental quality of their homes. If followed byenergy efficiency upgrades, the project will also result in decreasedenergy use and GHG emissions.

Incentives for EV charger installation and EV outreach – this project willresult in lower emissions by increasing the number and availability of EVcharging stations in the community. The project will also include Ride andDrive events to help people test drive EVs, understand their benefits, andbe comfortable with them as a purchase option.

Select the activity thatyour proposal fallsunder. (Select all thatapply) *

Sustainability staffConsultant, fellow, or paid intern

Does your proposalinclude leveragingcounty programs? *

Yes

Select the category thatyour proposal includes.(Select all that apply) *

Energy & BuildingsTransportation

Signed Letter orResolution *

lafayette_letter_of_agreement_for_boco_sustainability_matching_grant.pdf50.0KB · PDF

Project Details Form 1 *projectdetailsform__energy__buildings__lafayette.pdf529.9KB · PDF

Project Details Form 2projectdetailsform__transportation__lafayette.pdf526.5KB · PDF

Project Details Form 3lesac.minutes.september_2019.pdf34.6KB · PDF

https://bouldercounty.wufoo.com/cabinet/d0640675-346c-4d94-b5af-d3b0f7f79e85

https://bouldercounty.wufoo.com/cabinet/fd47f0cc-2c1a-4a69-98d2-21cfa9f7c847

https://bouldercounty.wufoo.com/cabinet/93b5297e-428a-423c-b601-3765435dd563







https://bouldercounty.wufoo.com/cabinet/30a29fe9-aae1-4269-bef3-53cbfbc9d785


Project Details Form 4

Project Details Form 5

Amount requested fromBoulder County * 30000

Applicant cashcontribution * 10000

Other communitycontribution (in-kind,volunteer, donations,other grants) *

Total project budget(Add previous threefields) *

40000

* The project on zero waste was deleted after last minute discussions withthe County. Please disregard any reference to the waste project.

IP ADDRESS: 173.8.250.209


http://ip-address-lookup-v4.com/ip/173.8.250.209

EXHIBIT B

Quarterly Report Template

Start: 1/15/2020 End: 12/31/2020

Q1 (Jan - Mar, 2020) Q3 (Jul - Sep, 2020)Type of Report Quarterly

Progress Report

Q2 (Apr - Jun, 2020) Q4 (Oct - Dec, 2020)

FundSource

Approved Budget (Adjust According to

Your Approved Budget)

AExpenditures

beginning of quarter(C on previous report)

B

ExpendituresThis Quarter

C

TotalExpendituresto Date (A + B)

Grant 30,000.00$ -$ -$ -$ Cash Match 10,000.00$ -$ -$ -$ Other Contribution -$ -$ -$ -$

Project Total 40,000.00$ -$ -$ -$

Quarterly reports are due 14 days following each calendar quarter.Reports should be submitted via email to [email protected].

**REQUIRED GRANTEE SIGNATURES: I certify that, to the best of my knowledge and belief, this report is correct and complete, and that all expenditures and unpaid obligations are for the purposes set forth in the grant award documents. I, hereby, also certify that the content of this form, other than the data entry required, has not been altered.

____________________________________________ _________________________________________Financial Officer's Signature/Date Project Director's Signature/Date

Grantee:

Prepared by:

Phone: Date:

Project A

Boulder County Sustainability Matching Grant ProgramLocal Funding and Cash Match Reporting

Which Calendar Quarter does this Report cover?

Grant Year: 2020Project Duration:

EXPENDITURES

Project Title:

Start: 1/15/2020 End: 12/31/2020

Q1 (Jan - Mar, 2020) Q3 (Jul - Sep, 2020)Type of Report Quarterly

Progress Report

Q2 (Apr - Jun, 2020) Q4 (Oct - Dec, 2020)

Objective and expected outcomes

for your sustainability grant

(enter once)

Describe progress made this quarter

Describe any challenges or delays for the

project

Please list the outcomes of this project to-date (quantitative &

qualitative)

Other?

Quarterly reports are due 14 days following each calendar quarter.Reports should be submitted via email to [email protected].

Progress Reporting

**REQUIRED GRANTEE SIGNATURES: I certify that, to the best of my knowledge and belief, this report is correct and complete, and that all expenditures and unpaid obligations are for the purposes set forth in the grant award documents. I, hereby, also certify that the content of this form, other than the data entry required, has not been altered.

_________________________________________Project Director's Signature/Date

Prepared by: Which Calendar Quarter does this Report cover?

Date: Phone:

Boulder County Sustainability Matching Grant ProgramProgrammatic Reporting

Grantee: Grant Year: 2020Project Title: Project Duration:


STAFF REPORT TO: Fritz Sprague, City Administrator FROM: Monte Stevenson, Director of Parks, Recreation and Open Space DATE: February 18, 2020 SUBJECT: Resolution No. 2020-15 / Authorizing an Intergovernmental Agreement (IGA) with

Boulder County / Youth Corp

Recommendation: Approval of Resolution 2020-15 / Intergovernmental Agreement (IGA) with Boulder County for an eight-week Youth Corp work program in Lafayette for $31,800.

Background: Each year Lafayette contracts with Boulder County for a Youth Corp team. As in previous years, the Open Space Division recommends an eight-week work program for a full team (10 youth/2 leaders). Last year the Youth Corp team worked a total of 2,046 project hours, accomplishing the following items with the assistance of open space staff:

• New landscaping at the Open Space Beauprez Barn property • Post and Dowel fencing construction - various Open Space sites • 2,640 feet of trail construction; 8 miles of trail maintenance • Over 140 tree and shrub plantings and watering plant material weekly at 5 sites • Removed 2,600 feet of barbed wire fencing • Built flagstone approaches for interpretive and way finding signage

The estimated total value received from projects in 2018 was $81,000 The plan for 2020 is to involve the Youth Corp in projects related to the GOCO Generation Wild, Lafayette Nature Kids projects. The Youth Corp team plays an important role in accomplishing the open space goals in Lafayette.

Fiscal Impact: $31,800 (Account 01-435-8962) Attachments: Resolution No. 2020-15 IGA – Boulder County Youth Corp


A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAFAYETTE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN

THE CITY AND BOULDER COUNTY FOR “YOUTH CORPS SERVICES”

WHEREAS, the City of Lafayette, and Boulder County, Colorado, are authorized to enter

into intergovernmental agreements for the provision of or sharing of functions or services; and WHEREAS, Boulder County operates a summer youth employment program known as

“Boulder County Youth Corps,” through which it can make available to Lafayette certain services provided by young adults participating in the youth corps program; and

WHEREAS, the City wishes to participate in, and financially support, the summer youth

employment program of the County, and wishes to enter into an intergovernmental agreement with respect thereto.


Colorado as follows: The Intergovernmental Agreement between the City of Lafayette and Boulder County,

Colorado, pertaining to participation in the Boulder County Youth Corps program is approved in substantially the same form as the copy hereto marked as “Exhibit A,” and made a part of this resolution. The Mayor is authorized to execute the agreement on behalf of the City.

RESOLVED AND PASSED THIS 18TH DAY OF FEBRUARY, 2020.

CITY OF LAFAYETTE, COLORADO ATTEST: _________________________________ Jamie Harkins, Mayor _______________________ Susan Koster, CMC City Clerk APPROVED AS TO FORM: __________________________________ Mary Lynn Macsalka, City Attorney

1

BOULDER COUNTY

2020 YOUTH CORPS PROGRAM SERVICES INTERGOVERNMENTAL AGREEMENT

CITY OF LAFAYETTE

This Agreement for the Youth Corps Program Services (hereinafter referred to as "Agreement") is executed between the COUNTY OF BOULDER, State Of Colorado, A Body Corporate and Politic, acting through and by its Board of County Commissioners, P. O. Box 471, Boulder, Colorado, 80302, hereinafter referred to as the "County" and the CITY OF LAFAYETTE, a Colorado Home Rule Municipality, 1290 South Public Road, Lafayette, Colorado, 80026, office telephone 303-665-5588 and fax number 303-665-2153, hereinafter referred to as the "City" and jointly hereinafter referred to as the "Parties”.

WHEREAS, the County provides a summer youth employment program specifically known as the "Boulder County Youth Corps", more fully described in Exhibit “A” Scope of Services, (please refer to attached Exhibit “A”); and

WHEREAS, the County program will provide valuable services to the community which are deemed to be essential for the immediate protection and preservation of the public health, safety, convenience and general welfare of the citizens of Boulder County; and

WHEREAS, the City has agreed to participate in and financially support the summer youth employment program, and is authorized to execute this Agreement by law, including Colorado Constitution Article XIV, Section 18 and C.R.S. 29-1-201 et seq.

NOW, THEREFORE, in order to jointly provide support for the County’s Youth Corps program for the benefit of the City and its inhabitants, the parties hereto agree as follows: 1. Term: The Agreement shall begin on January 1, 2020 and continue through December 31, 2020. The dates for the 2020 Youth Corps season are designated as Monday, June 15, 2020 continuing through Wednesday, August 5, 2020. 2. Integrated Agreement and Amendments: This Agreement is an integration of the entire understanding between the parties with respect to the matters set forth herein. This Agreement cannot be altered or amended except in writing, signed by duly authorized representatives of the parties. This Agreement incorporates herein by reference of the attachments specified as Exhibit “A” Scope of Services and Exhibit “B” Annual Financial Report.

2

3. Services: The County agrees to provide the services listed in Exhibit “A” to the community. In addition to the services, the County will:

a. Be available for consultation as needed; and b. Provide the City with all necessary information; and c. Facilitate the provision of support services that become

necessary. 4. Payment: The City agrees to pay the County the sum of $31,800.00 (Thirty-one Thousand Eight Hundred Dollars and 00/100ths; Revenue) on or before June 1, 2020. The County will submit, in writing, an invoice for services. 5. Audit: The City reserves the right to conduct an audit of all records related to this Agreement should the City have concerns about the County’s performance of the services listed in Exhibit “A”. 6. Reporting Requirements: The County further agrees to submit a year-end report to the City's Parks, Recreation & Open Space Director. The annual report will contain complete and accurate statements of services rendered, according to the format of Exhibit “B” (please refer to attached Exhibit “B”) to this Agreement, signed by the County’s signatory, or its authorized agent, and submitted no later than February 15, 2021. Besides any other remedies, the City may decline to consider further Agreements if the County does not submit its annual report on time. 7. Independent Contractor: The County and any persons employed or engaged by the County to perform services under this Agreement shall perform all services under this Agreement as an independent contractor and not as an agent or employee of the City. It is mutually agreed and understood that nothing contained in this Agreement is intended or shall be construed as in any way establishing the relationship of copartners or joint ventures between the parties hereto or as construing the County, including its agents, employees, and any persons engaged by the County to perform services under this Agreement as an agent or employee of the City. The County shall remain an independent and separate entity. The County shall not be supervised by any employee or official of the City nor will the County exercise supervision over any employee or official of the City. The County shall not represent that the County is an employee or agent of the City in any capacity. The County, its officers, employees or any other persons engaged by it under this Agreement, are not entitled to Workers’ Compensation benefits except as may be provided by the County or some entity other than the City. The County is obligated

3

to pay federal and state income tax on money earned pursuant to this Agreement, if applicable. 8. Personnel: County agrees to provide competent personnel to supervise the delivery of the scheduled services to achieve and maintain a highly professional and competent level of services. Nothing contained in this Agreement, and no performance under this Agreement by personnel or employees of the County, shall in any respect alter or modify the status of the County's officers, agents or employees for purposes of workers' compensation. Workers' compensation coverage shall apply as required by C.R.S. Section 29-5-109. 9. Insurance: The City and County are "public entities" within the meaning of the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as amended ("Act"). The City and County shall at all times during the term of this Agreement maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by either party, the other party shall show proof of such insurance. 10. Liability: Each party assumes responsibility for its negligent actions and omissions, and those of its officers, agents and employees in the performance or failure to perform under this agreement. By agreeing to this provision, neither the City nor the County waives or intends to waive, as to any person, the limitations on liability which are provided to the City and the County under the Colorado Governmental Immunity Act, Section 24-10-101, et seq. 11. Termination: This Agreement shall be subject to termination by either party in the event of the failure of the other party to perform any of the terms herein set forth. In such event, written notice shall be given to the other and if the conditions of noncompliance specified in such notice is not corrected within ten (10) days of receipt, of the date of such notice, this Agreement shall be terminated and of no further effect at the option of the party not in default of the terms herein contained. Notices shall be mailed to the designated parties as specified in paragraph 18. 12. Provisions Construed as to Fair Meaning: The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attributes to such party of the source of the language in question. 13. Headings for Convenience: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Agreement.

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14. Compliance with Ordinances and Regulations: The County shall perform all obligations under this Agreement in strict compliance with all federal, state, city and City laws, rules, statutes, charter provisions, ordinances, and regulations applicable to the performance of the County's services under this Agreement and specifically, shall comply with all applicable child labor laws and shall not discriminate against any person on the basis of sex, race, creed, national origin, disability, or otherwise as prohibited by law. 15. No Implied Representations: No representations, agreements, covenants, warranties, or certifications, express or implied, shall exist as between the parties, except as specifically set forth in this Agreement. 16. No Third Party Beneficiaries: The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the County and the City, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this Agreement that any person receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 17. Financial Obligations of City: All financial obligations of the City under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in this Agreement shall be deemed a pledge of the City's credit, the creation of any multiple, fiscal-year obligation, or a payment guarantee by the City to the County. In the event appropriated funds are not available, both parties shall be relieved of their obligations hereunder. 18. Notices: For purposes of the notices required to be provided under paragraphs 4, 6, and 11, all such notices shall be in writing, and shall be either sent by Certified U.S. Mail - Return Receipt Requested, Electronic Mail (Email) or hand-delivered to the following representatives of the parties at the following addresses:

For the County: Parks and Open Space Department Attention: Renee Bookless 5201 St. Vrain Road Longmont, CO 80503

[email protected] For the City: City of Lafayette Parks, Recreation & Open Space


5

Attention: Monte Stevenson, Director 787 N. 95th Street

Lafayette, CO 80026 [email protected] 19. Waiver: No waiver of any breach or default under this Agreement shall be a waiver of any other or subsequent breach or default. 20. Severability: Invalidation of any specific provisions of this Agreement shall not affect the validity of any other provision of this Agreement. 21. Governing Law: This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 22. Execution by Counterparts; Electronic Signatures: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the Parties to this Agreement: (1) Electronic or facsimile delivery of a fully executed copy of a signature page; (2) The image of the signature of an authorized signer inserted onto PDF format documents. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121.

[SIGNATURE PAGE TO FOLLOW]


6

IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the latter day and year indicated below. Executed by BOULDER COUNTY on __________________________________.

COUNTY OF BOULDER

STATE OF COLORADO ______________________________ Eric M. Lane, Director

Parks and Open Space Department CITY OF LAFAYETTE ATTEST:______________________ _____________________________ Jamie Harkins, Mayor ______________________ City Clerk (PRINT) APPROVED AS TO FORM: _____________________________ _____________________________ City Attorney (PRINT) Executed by CITY OF LAFAYETTE on________________________________. Date

2020_YouthCorps_Lafayette_IGA.doc

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EXHIBIT “A” SCOPE OF SERVICES

PROGRAM SERVICES GOALS AND OBJECTIVES FOR 2020 Number of Lafayette youth served: 1 Team, consisting of ten (10) individuals Ages: 14-17 Dates: June 15, 2020 through August 5, 2020 Maintenance Team: A total of eight (8) weeks, twenty-six (26) Working Days, consisting of project-based employment and supervision with an emphasis on service to the City of Lafayette, a teamwork experience, environmental education and enhancement of job skills and civic responsibility. The Team will dedicate two (2) hours, on a weekly basis, to environmental education and/or team building exercises. Description of Work:

a. Trail construction and maintenance b. Barbwire fence removal c. Projects at the Nature Discovery Zone including, but not

limited to, weeding beds, adding mulch to plantings and play pits, etc.

d. Watering native plantings weekly e. Installing native plants and shrubs in various open space

properties f. Installing flagstone approaches to new signage g. Noxious weed removal projects h. Painting of railings and underpasses

Describe how effective this activity was in achieving goal/objective and how effectiveness was measured: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8

Exhibit “B” 2020 ANNUAL FINANCIAL REPORT

Please submit a financial statement that has been approved by the agency’s Board or complete the following information. Expenditures:

Category

Amount Budgeted

Expenditures

Percentage of

Budgeted Expenditures

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

Total Expenses


STAFF REPORT TO: Fritz Sprague, City Administrator FROM: Monte Stevenson, Director of Parks, Recreation & Open Space DATE: February 18, 2020 SUBJECT: Contract / Rose Lueras Pool Re-tile and Re-plaster / Mid-American Pool Renovation, Inc. Recommendation: Approve contract with Mid-America Pool Renovation, Inc for the replacement of tile and plaster in the Rose Lueras Pool at the Bob L Burger Recreation Center, in the amount of $110,090.00. Background: In the 2020 budget, City Council allocated $120,000 for the replacement of the plaster, tile, and coping of the Rose Lueras Pool at the Bob Burger Recreation Center. Plaster at the pool is beginning to fail in spots and has reached the end of its useful life. When consulting with contractors, it was determined that the plaster and tile could be replaced without impacting the existing coping. Staff decided to preserve the existing coping, and only include the replacement of the plaster and tile in the scope of work. This project was deferred from 2019 to 2020. In March 2019, two companies provided written response that they declined to bid due to their inability to complete the work in August 2019. The project was again opened for bids, in April 2019, and no bids were received. In December 2019, the project was opened for bids, in anticipation of worked to be completed in August 2020. For the third time, no valid bids were received, though two companies verbally stated they intended to bid. A final bid process was completed in January 2020 with two bids received. One bid was from Mid-America Pool Renovation, Inc. in the amount of $110,090.00. The second bid was from Seewald Construction Company in the amount of $158,682.30. Staff recommends the approval of a contract with Mid-America Pool Renovation, Inc.

Fiscal Impact: $110,090.00 in account 30-550-9521, leaving a balance of $9,910 in the project funds. Attachments: none

To: Fritz Sprague, City Administrator From: Steve McFarland, Finance Director Date: February 18th, 2020 Subject: Purchase Order memo

Recommendation: Staff recommends approving requested purchase orders.

Background Purchase orders are pre-approvals of expenditures in excess of $25,000. In theory, the expenditures have already been approved through the Budget process. However, per Resolution 2019-60, Purchase orders in excess of $100,000 require Council approval. This is the time of year where there will likely be several large purchase orders for Council’s consideration, many of which are for annual purchases/agreements. As the accounting system has not yet been switched to 2020, we are currently unable to assign specific purchase order numbers. For Council’s consideration:

• PO # TBD - $127,273.00. L.L. Johnson Distributing Company. Account: 45-470-9060 (Golf Course Fund; Capital Equipment). This purchase order contains 3 golf course terrain vehicles (2 mowers, 1 truckster), including a Toro Reelmaster 5010-H, Toro Groundmaster 3500-D, and a used Toro Versa Vac.

Attachments/inclusions: None. Fiscal Impact: There is no fiscal impact beyond what has been previously appropriated for 2020 Budget.


STAFF REPORT TO: Fritz Sprague, City Administrator FROM: Monte Stevenson, Director of Parks, Recreation and Open Space DATE: February 18, 2020 SUBJECT: Council Appointments – Open Space Advisory Committee Recommendation: Approve reappointments of Dave Belin and Lynn Riedel to the Open Space Advisory Committee (LOSAC) and appoint alternates Luke Arrington and Josh Kuhn to voting-member positions. Background: On February 6, 2020, the Open Space Advisory Committee (LOSAC) voted unanimously to recommend to Council the reappointment of current members Dave Belin, Lynn Riedel and Luke Arrington to new 4-year terms, expiring in February 2024. At the February 6, 2020 LOSAC meeting, Erin Frazier and Brent Lutz announced their resignations. Vacancies will be posted to fill both remaining terms, which expire on November of 2021. LOSAC also unanimously passed a motion to recommend moving Luke Arrington and Josh Kuhn to regular voting member status.

Fiscal Impact: None Attachments: None