COUNCIL COMMUNICATION Agenda Item: Agenda Location: Work Plan # Legal Review: 1 st Reading 2 nd Reading

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1 Meeting Date: October 24, 2017 COUNCIL COMMUNICATION Agenda Item: Agenda Location: Work Plan # Legal Review: Action Items st Reading 2 nd Reading Subject: A resolution approving the First Amendment to the Intergovernmental Agreement among the City of Northglenn, Ralston House, the cities of Westminster, Thornton, Federal Heights, Brighton, Commerce City and Aurora, the City and County of Broomfield and the County of Adams regarding construction and construction management of the Northglenn Ralston House. Recommended by: Robb Kolstad Approved by: Kevin S. Woods Presenter(s): Robb Kolstad, Assistant City Manager Randy Nelson, Police Chief Ordinance previously introduced by: SYNOPSIS: This resolution approves the First Amendment to the Intergovernmental Agreement (IGA) dated March 30, 2017 among the cities of Northglenn, Westminster, Thornton, Federal Heights, Brighton, Commerce City, Aurora, the City and County of Broomfield; and Adams County (parties) related to the construction of a new facility that will be used to provide child advocacy services to the parties. The First Amendment revises the contributions from the Parties to reflect an overall updated opinion of probable cost for the project and includes the parties funding a portion of the costs that had been anticipated in the March 30, 2017 IGA to be covered by grants. The parties will contribute $1,678,572 in addition to the $270,000 for design that had been previously contributed for a total overall Project Cost of $1,948,572. The previous total overall Project Cost was $1,700,000 ($270,000 for design and $1,430,000 for construction). Of the $1,430,000 construction amount, the parties were slated to contribute $1,342,500 with the remainder of $357,500 (referred to as the Shortfall) anticipated to be funded through grants. Other than changing the contribution amounts and eliminating the paragraph pertaining to the Shortfall (grant funding), all of the rest of the other provisions of the March 30, 2017 IGA remain in place. The City of Northglenn (Northglenn) intends to release the invitation for bids for construction of the facility to the market once all the parties have scheduled the First Amendment for formal action (October/November). Northglenn anticipates it will receive competitive bids in December/January timeframe and will issue invoices to the parties after selecting a contractor. Once all the monies are received (January/February 2018 timeframe), Northglenn will execute the contract and issue the Notice to Proceed. The City of Northglenn, the Ralston House, and others will continue to seek funding through various grants. The City of Thornton, through the Police Department, refers victims to the Ralston House for services such as child abuse assessments and forensic interviews. RECOMMENDATION: Staff recommends Alternative No. 1, approve the First Amendment to the Intergovernmental Agreement dated March 30, 2017 to provide for the construction of this facility. BUDGET/STAFF IMPLICATIONS: The City s share of the new total project cost of $1,948,572 is $309,438 (design $270,000; construction $1,678,572) as compared to $269,964 which was based on a total project cost of $1,700,000 (design $270,000; construction $1,430,000). The IGA dated March 30, 2017 had anticipated the parties would contribute $1,072,500 toward the estimated $1,430,000 cost

2 COUNCIL COMMUNICATION PAGE 2 construction with the remaining $357,500 funded by grants. The 2017 Budget included $180,000, rounded up from $179,973, which was the City s calculated share of the $1,072,500. The revised City contribution is $279,438 so a budget amendment of $99,438 will be necessary to increase the $180, Budget to the new contribution amount. Each entities share of the total cost comes from a formula that is based 50% on the population and 50% on the number of interviews conducted by Ralston House for each community ALTERNATIVES: 1. Approve the First Amendment to the IGA in order to provide for construction of the facility that will house Ralston House, or another provider, to provide child advocacy services to the City of Thornton and other communities and Adams and Broomfield counties. 2. Do not approve the First Amendment to the IGA. Pursue providing these services internally which would include securing facilities, hiring, and training additional investigators and contracting for physical/mental evaluation services. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) On December 15, 2015, the City Council approved C.D. No , an Agreement by and among the City of Northglenn, Ralston House, the cities of Westminster, Thornton, Federal Heights, Brighton, Commerce City and Aurora, the City and County of Broomfield, and the County of Adams, regarding the design of the Northglenn Ralston House. This Agreement provided that each local government would contribute $30,000 each ($270,000 total) toward the design of the Ralston House. On February 28, 2017, the City Council approved C.D. No , an Agreement among the City of Northglenn, Ralston House, the cities of Westminster, Thornton, Federal Heights, Brighton, Commerce City and Aurora, the City and County of Broomfield, and the County of Adams, regarding construction and construction management of the Ralston House located in Northglenn. This Agreement set forth the terms and conditions related to the construction, operation and maintenance, and use of the Property as a child advocacy center for a period of 30 years. This Agreement anticipated that the total cost of the project, including the design estimate of $270,000, would total $1,700,000. It also provided that the parties would contribute 75% of the $1,430,000 remaining to be funded ($1,072,500) with the rest ($357,500) through grants. The City of Northglenn and Ralston House submitted a grant request at the end of 2016 to make up the funding deficit to the Department of Local Affairs under the Energy Impact Grant program. Unfortunately, no funds were awarded to this project in the April 2017 grant awards. Ralston House and the City of Northglenn continue to pursue grant funding including funding from the Gates Foundation and other entities. The cost sharing methodology for the Project is a hybrid based on 50% population and 50% interviews for communities within Adams and Broomfield counties as shown in the chart prepared by the City of Northglenn:

3 COUNCIL COMMUNICATION PAGE 3 Municipality 2014 Population % Adams County (Sheriff's Office, DA Office, Dept. of Human Services) Population $ Cost Sharing Methodology # of Interview s 1/1/14 8/31/16 % of Use per Agency $ Based on Use Hybrid % REVISED TOTAL COST Hybrid $ Previous TOTAL COST 15.82% $ 308, % $ 738, % $ 523,394 $ 456,627 Aurora PD 7.41% $ 144, % $ 82, % $ 113,201 $ 98,761 Brighton PD 6.34% $ 123, % $ 183, % $ 153,455 $ 133,830 Broomfield (PD and 10.55% $ 205, % $ 207, % $ 206,578 $ 180,225 Dept. of Human Services) Commerce City PD 8.83% $ 172, % $ 138, % $ 155,265 $ 135,459 Federal Heights PD 2.12% $ 41, % $ 85, % $ 63,335 $ 55,256 Northglenn PD 6.65% $ 129, % $ 54, % $ 92,152 $ 80,397 Thornton PD 22.59% $ 440, % $ 178, % $ 309,438 $ 269,964 Westminster PD 19.68% $ 383, % $ 279, % $ 331,753 $ 289,432 Totals % $ 1,948,572 Background on Use of Ralston House. 1, % $ 1,948, % $ 1,948,572 $ 1,700,000 In mid-2012, public safety agencies, including the City of Thornton Police Department, began using the services of Ralston House at its Arvada and Lakewood facilities. In early 2013, the District Attorney s Office and the police chiefs from the cities of Aurora, Brighton, Commerce City, Federal Heights, Northglenn, Westminster, and Thornton and the Adams County and Broomfield County sheriffs approached Ralston House to be the sole provider of child advocacy services for the 17 th Judicial District. They formalized the understanding of the parties with respect to the conditions under which individuals, agencies and jurisdictions in the 17 th Judicial District may utilize the resources of Ralston House during the investigation of allegations of child abuse and/or neglect through a Memorandum of Understanding dated April 1, 2013 that has been renewed by the parties annually. Ralston House conducted the following number of interviews through August 31, 2017 for these entities: Ralston House Total 1 st & 17 th Judicial Districts # in 17 th Judicial District # in 17 th JD from Thornton , , , /

4 R E S O L U T I O N A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF NORTHGLENN, RALSTON HOUSE, THE CITIES OF WESTMINSTER, THORNTON, FEDERAL HEIGHTS, BRIGHTON, COMMERCE CITY AND AURORA, THE CITY AND COUNTY OF BROOMFIELD AND THE COUNTY OF ADAMS REGARDING CONSTRUCTION AND CONSTRUCTION MANAGEMENT OF THE NORTHGLENN RALSTON HOUSE. WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution and Sections , et seq., and of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and WHEREAS, the City of Northglenn owns property that is adjacent to its water treatment facility that includes a farm house that has been used by Ralston House to provide child advocacy services to the parties listed above for the past several years; and WHEREAS, the parties previously entered into an Intergovernmental Agreement (CD No ), referred to as the Phase 1 Agreement, to contribute funds to pay for the cost of initial design of a proposed new facility to be located in the City of Northglenn and referred to as the Northglenn Ralston House; and WHEREAS, following completion of the design and cost estimates, the parties entered into an Intergovernmental Agreement (C.D. No ) for Phase 2 of the project (Agreement), regarding construction and construction management of the Ralston House located in Northglenn; and WHEREAS, the Agreement anticipated that the total cost of the project, including the design, would total $1,700,000. The parties contributed $270,000 in accordance with the Phase 1 Agreement leaving $1,430,000 to be funded. The Phase 2 Agreement provided that the parties would contribute 75% of the amount to be funded ($1,072,500) and seek grant funding for the remaining amount of $357,500; and WHEREAS, the parties have been unable to secure grant funding to cover the remaining cost of the project and now desire to provide for the funding in order to bring this project to fruition to serve the communities; and and WHEREAS, the parties will still continue to pursue grant funding to offset costs; WHEREAS, the total project cost for the design, construction, and construction management of the Ralston House was updated on August 11, 2017 in the amount of $1,948,572; and

5 WHEREAS, the First Amendment to the Agreement revises the amount to be contributed by the parties to $1,678,572; and WHEREAS, the City of Thornton utilizes the services of Ralston House and recognizes the need for these services now and into the future and the desirability of having these services in close proximity to the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. That the City Council approves the First Amendment to the Agreement by and among the City of Northglenn, Ralston House, the cities of Westminster, Thornton, Federal Heights, Brighton, Commerce City, and Aurora, the City and County of Broomfield, and the County of Adams regarding the design of the Northglenn Ralston House, a copy of which is attached hereto and incorporated herein by this reference. 2. That the City Manager is hereby authorized to execute and the City Clerk to attest the IGA, on behalf of the City. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on, CITY OF THORNTON, COLORADO Heidi K. Williams, Mayor Kristen N. Rosenbaum, City Clerk 2

6 FIRST AMENDMENT TO THE AGREEMENT AMONG THE CITY OF NORTHGLENN, RALSTON HOUSE, THE CITIES OF WESTMINSTER, THORNTON, FEDERAL HEIGHTS, BRIGHTON, COMMERCE CITY AND AURORA, THE CITY AND COUNTY OF BROOMFIELD AND THE COUNTY OF ADAMS REGARDING CONSTRUCTION AND CONSTRUCTION MANAGEMENT OF THE NORTHGLENN RALSTON HOUSE. The following First Amendment to Phase 2 Agreement (the "Phase 2 First Amendment") is made on this day of, 2017, by and among the City of Northglenn, Ralston House, a Colorado Nonprofit Corporation ("Ralston House") and the Cities of Westminster, Thornton, Federal Heights, Brighton, Commerce City and Aurora, the City and County of Broomfield and the County of Adams (all parties with the exception of the Ralston House may be collectively referred to as the "Municipal Parties"): WHEREAS, the Ralston House and the Municipal Parties entered into that Phase 2 Agreement dated, 2017 (the Phase 2 Original Agreement ); and WHEREAS, the Ralston House and the Municipal Parties desire to enter into this Phase 2 First Amendment to address the increased cost associated with the construction and construction management of the Project as defined in the Phase 2 Original Agreement WHEREAS, the total project cost for the design, construction, and construction management of the Northglenn Ralston House has now been estimated as of the date of this Phase 2 First Amendment to be at the cost of One Million nine hundred forty-eight thousand five hundred seventy two dollars ($1,948,572.00) (the Total Revised Project Cost ); and WHEREAS, the Municipal Parties desire to fund the construction and construction management of the Northglenn Ralston House in the revised additional amount of One Million, Six Hundred Seventy-Eight Thousand, Five Hundred Seventy-Two Dollars ($1,678,572.00) pursuant to this Phase 2 Agreement, which includes a contingency amount of approximately Ninety-Two Thousand, Seven Hundred Eighty-Nine Dollars ($92,789.00) (the "Contingency Amount"); WHEREAS, the Municipal Parties desire that the proportionate contributions set forth herein in Exhibit B be appropriated to pay the cost of construction and construction management of the Northglenn Ralston House pursuant to this Phase 2 Agreement; and WHEREAS, in the event actual construction is less than the Contingency Amount, the Municipal Parties agree to refund any monies paid in excess of actual costs. TERMS NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties hereby agree as follows: 1

7 1. Recitals Incorporated. The recitals set forth above are incorporated into this Phase 2 First Amendment, and shall be deemed terms and provisions hereof, to the same extent as if fully set forth in this Section. 2. Section 2, sub-paragraph A. of the Phase 2 Original Agreement is amended to read as follows: A. The Municipal Parties shall contribute the total amount of One Million, Six Hundred Seventy-Eight Thousand, Five Hundred Seventy-Two Dollars ($1,678,572.00), in the proportionate amounts set forth in Exhibit B, attached hereto and incorporated herein by this reference (the "Revised Funding Allocation") to the cost of construction and construction management of the Northglenn Ralston House. 3. Section 4 of the Phase 2 Original Agreement is amended to read as follows: 4. Grant Application(s). A. The Municipal Parties and Ralston House acknowledge and agree that the amount provided by the Municipal Parties pursuant to this Phase 2 Agreement is sufficient to complete the construction of the Northglenn Ralston House. However, Ralston House and the City of Northglenn, with the cooperation of the other Municipal Parties hereto, shall apply for grant applications to obtain additional funding for furniture, fixtures, and equipment. B. In the event such grant funding is obtained in excess of the Total Revised Project Cost, such additional grant funding may be used to pay for the furniture, fixtures, and equipment needed to properly equip the facility. Any grant funds received in excess of the Total Revised Project Cost and furniture, fixtures, and equipment costs shall be refunded to the Municipal Parties in the same proportion as provided in the contribution formula (Exhibit B) within six (6) months of the issuance of a permanent certificate of occupancy. 4. Integration and Amendment. This Phase 2 First Amendment along with the Phase 2 Original Agreement represents the entire agreement between the Parties with regard to the subject matter of this agreement and there are no oral or collateral agreements or understandings. This Phase 2 First Amendment may be amended only by an instrument in writing signed by the Parties. If any provision of this Phase 2 First Amendment is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Phase 2 First Amendment and the Phase 2 Original Agreement shall continue in full force and effect. 5. Except as modified herein, the Phase 2 Original Agreement remains in full force and effect and is hereby ratified by the Ralston House and the Municipal Parties. 2

8 IN WITNESS WHEREOF, the Parties hereto have caused this Phase 2 First Amendment to be executed as of the day and year first above written. 3

9 CITY OF NORTHGLENN, COLORADO By: Joyce Downing, Mayor Date: Johanna Small, CMC, City Clerk APPROVED AS TO FORM: Corey Y. Hoffmann, City Attorney 4

10 RALSTON HOUSE By: Date: APPROVED AS TO FORM: 5

11 CITY OF WESTMINSTER, COLORADO By: Donald M. Tripp, City Manager Date: Michelle Parker, City Clerk APPROVED AS TO LEGAL FORM: David Frankel, City Attorney 6

12 CITY OF THORNTON, COLORADO By: Kevin S. Woods, City Manager Date: Kristen N. Rosenbaum, City Clerk APPROVED AS TO FORM: Luis A. Corchado, City Attorney 7

13 CITY OF FEDERAL HEIGHTS, COLORADO By:, Mayor Date: Patti Lowell, CMC, City Clerk APPROVED AS TO FORM: William P. Hayashi, City Attorney 8

14 CITY OF BRIGHTON, COLORADO By: Richard N. McLean, City Mayor Date: Natalie Hoel, City Clerk APPROVED AS TO FORM: Margaret R. Brubaker, City Attorney 9

15 CITY OF COMMERCE CITY, COLORADO By: Date: Laura Bauer, City Clerk APPROVED AS TO FORM: Robert Sheesley, City Attorney 10

16 CITY OF AURORA, COLORADO By: Stephen D. Hogan, Mayor Date: Janice Napper, City Clerk APPROVED AS TO FORM: Michael J. Hyman, City Attorney Assistant City Attorney 11

17 CITY AND COUNTY OF BROOMFIELD By: Date: APPROVED AS TO FORM: William A. Tuthill III, City and County Attorney 12

18 ADAMS COUNTY By: Date: APPROVED AS TO FORM: Heidi M. Miller, County Attorney 13

COUNCIL COMMUNICATION

Meeting Date: August 8, 2017 COUNCIL COMMUNICATION Agenda Item: Agenda Location: Action Items Work Plan # Legal Review: X 1 st Reading 2 nd Reading Subject: An ordinance submitting to the voters of the