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HomeMy WebLinkAbout09997RESOLUTION NO. 9997 A RESOLUTION APPROVING AN AGREEMENT BETWEEN CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO COUNTY REGARDING THE COMMITMENT OF FUNDS FOR COMPLETION OF IMPROVEMENTS RELATED TO THE PUEBLO ARKANSAS RIVER CORRIDOR LEGACY PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An agreement between the City of Pueblo, a Municipal Corporation, and Pueblo County relating to the commitment of funds for the Pueblo Arkansas River Corridor Legacy Project, a copy of which is attached and incorporated herein and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute said agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. INTRODUCED November 24, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/President of City Council ATTEST: Gina Dutcher/City Clerk Background Paper for Proposed RESOLUTION 9997 DATE: NOVEMBER 24, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT/JIM MUNCH PLANNING DEPARTMENT/CATHY GREEN TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO COUNTY REGARDING THE COMMITMENT OF FUNDS FOR COMPLETION OF IMPROVEMENTS RELATED TO THE PUEBLO ARKANSAS RIVER CORRIDOR LEGACY PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council enter into an intergovernmental agreement with Pueblo County whereby the County will provide $400,000 to fund improvements designated in the work plan for the Pueblo Arkansas River Legacy Project? RECOMMENDATION Approval of this Resolution. BACKGROUND As part of the funding applications to the U.S. Army Corps of Engineers and to Great Outdoors Colorado for the Pueblo Arkansas River Corddor Legacy Project (Legacy Project), Pueblo County indicated its intention in writing to provide $400,000 of County funds to assist in funding specific projects outlined in the work program contained within the grant applications. The intergovernmental agreement identifies which projects that are of mutual interest to both the City and County that will receive funding from Pueblo County, as well as the timing of disbursement of payments to the City by the County. As part of the agreement, Pueblo County will require the City to submit written requests for the disbursement of payments, along with documentation confirming that the benchmarks for funding set forth in the work plan have been met. FINANCIAL IMPACT The contribution from Pueblo County to the Pueblo Arkansas River Legacy Project will provide $400,000 in matching funds for projects identified in the work plan for the Pueblo Arkansas River Corddor Legacy Project. Approximately 50% of these funds ($200,000) will be used as matching funds for the U.S. Army Corps of Engineers Section 206 Arkansas River Habitat Restoration Project. The City has previously budgeted and appropriated City reserve funds to temporarily encumber funds to be received from grants and other project partners related to the Legacy Project. As payments are received from Pueblo County the commitment of the City's reserve funds will be reduced in an equal amount. LEGACY PROJECT RECAP - FUNDS RECEIVED AS OF '11124/03 Project Sources of Funds Project Reimbursement Arkansas River Habitat Improvements Trout Unlimited $ 10,000 Greenway & Nature Center Environmental Ed. Area Pueblo County $ 15,000 Board of Water Works $132,000 Packard Foundation $ 50,000 River Trail Replacement Board of Water Works $ 93,000 Pueblo Zoo - River Otter Pueblo Zoological Society $100,000 Total Reimbursements $400,000 LEGACY PROJECT FUNDS REQUESTED TO BE RECEIVED BY 12/31103 Project Sources of Funds Project Reimbursement Arkansas River Habitat Improvements Pueblo County $100,000 Greenway & Nature Center Environmental Ed. Area Great Outdoors Colorado $120,000 River Trail Replacement Colorado Division of Wildlife $ 10,000 Pueblo County $ 30,000 CDOT $131,250 Pueblo Zoo - River Otter Pueblo County $ 30,000 Great Outdoors Colorado $175,000 Total Reimbursements $596,250 The total amount of funds anticipated to be collected by the City of Pueblo for the Arkansas River Corridor Legacy Project as of 12/31/03 is $996,250. INTERGOVERNMENTAL AGREEMENT REGARDING THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT BETWEEN THE CITY OF PUEBLO, COLORADO AND PUEBLO COUNTY, COLORADO THIS AGREEMENT is made and entered into as of November 24, 2003 by and between Pueblo County (hereinafter referred to as the "County"), 215 West 10th Street, Pueblo, Colorado, and the City of Pueblo, a Municipal Corporation, (hereinafter referred to as the "City"), 1 City Hall Place, Pueblo, Colorado. WllEREAS, the provisions of Section 18 of Article XIV of the Colorado Constitution and C.R.S. § 29-1-203 allow Colorado local governments to cooperate or contract with one another to provide any function, service or facility lawfully authorized to each local government, including, but not limited to, the sharing of costs for projects of mutual interest; and WI~EREAS, C.R.S. § 29-7-101 authorizes any city or county to acquire, sell, own, exchange, and operate public recreation facilities, open space and parklands; acquire, equip, and maintain land, buildings, or other recreational facilities either within or without the corporate limits of such city; and expend funds therefore and for all purposes connected therewith; and WHEREAS, the City and County support the projects included within the Pueblo Arkansas River Corridor Legacy Project ("Project") and have jointly participated in securing grant funds from Great Outdoors Colorado and the U.S. Army Corps of Engineers to assist with the funding of these projects; and WHEREAS, it is necessary and appropriate for the City and County to enter into a written agreement setting forth their respective obligations and other terms and conditions for implementing the Project which sets forth the responsibilities, cost sharing and other terms of cooperation for the Project. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the parties agree as follows: I. OBLIGATIONS OF CITY. A. To implement and complete the Project, the City has completed a work plan that describes all the phases of the Project and includes, among other items, a multiple year budget with anticipated sources and uses of funds and the schedules of the specific phases of the Project. A copy of the Work Plan is attached hereto as Exhibit 1 and incorporated herein by reference. B. The City shall not materially modify the Project without the written approval of the County. City shall use County funds solely to complete the Project, as included within the Work -1- Plan. City hereby agrees to use its best efforts to complete the Project. C. The City shall submit a written request for disbursement of the Funds at least thirty (30) days prior to the requested disbursement. D. In addition to the written request for disbursement, City shall also provide the County, as an express condition precedent to disbursement, documentation confirming that the benchmarks for funding set forth in the Work Plan or addendum have been met (as these activities relate to the specific phase of the Project for which disbursement is requested). E. Notwithstanding anything contained herein to the contrary, any liability of the City hereunder shall be subject to the conditions precedent and limits on liability set forth in the Colorado Governmental Immunity Act. F. The parties understand and agree that City shall, at all times during the term of this Agreement, be deemed an independent contractor and not an employees of the County, and shall be responsible in accordance with law for all withholding taxes, social security, unemployment, workers' compensation, and/or other employment taxes with respect to its employees, and shall indemnify and hold the District harmless from and against any and all claims for the same. H. OBLIGATIONS OF THE COUNTY: A. The County hereby authorizes funds in an amount not to exceed $400,000 (Four Hundred Thousand Dollars) (the "Funds") to be used by the City solely to complete the Project, subject to the contingencies and conditions described in Section I A.-D. above. B. It is anticipated that the Funds will be distributed between the date of this Agreement and June 30, 2005. Each year the County will appropriate a specific portion of the Funds for distribution to the City in the then current fiscal year to complete specific phases of the Project. The County has already provided $15,000 of the Funds in the 2002 fiscal year to the Greenway and Nature Center of Pueblo for construction of the Environmental Plaza Project. The remaining Funds will be disbursed to the City for those specific phases of the Project scheduled to be completed prior to June 30, 2005. The City's schedule of anticipated and requested payments from the County is set forth in the Disbursement Schedule. A copy of the Disbursement Schedule is attached hereto as Exhibit 2 and incorporated herein by reference. C. The County shall promptly reimburse City within 30 days after receipt of a written request for reimbursement accompanied by documentation confirming that the benchmarks for funding set forth in the Work Plan or addendum have been met. D. Both County and City are political subdivisions of the State of Colorado. City's Fiscal Year ends on December 31 of each calendar year, and District's Fiscal Year ends on June 30 of each calendar year. If either party does not appropriate sufficient funds to fulfill its cost sharing obligation under this Agreement for any Fiscal Year, then this Agreement shall be terminated effective upon -2- expiration of the Fiscal Year (of the party that does not appropriate sufficient funds) in respect of which sufficient funds to make cost sharing payment were last appropriated. E. Notwithstanding anything contained herein to the contrary, any liability ofthe District hereunder shall be subject to the conditions precedent and limits on the liability set forth in the Colorado Governmental Immunity Act. F. The parties understand and agree that the District shall, at all times during the term of this Agreement, be deemed an independent contractor and not an employee of City, and shall be responsible in accordance with law for aH withholding taxes, social security, unemployment, workers' compensation, and/or other employment taxes with respect to its employees, and shall indemnify and hold City harmless from and against any and all claims for the same. TERM/TERMINATION. Unless sooner terminated as provided herein, this Agreement shall commence November 14, 2003, and shall terminate June 31, 2005. IV. THIRD-PARTY RIGHTS NOT CREATED. Nothing in this Agreement shall be construed to create any liability, or to waive any of the immunities, limitations on liability or other provisions of the Governmental Immunity Act, §24-10- 101 et seq., CKS., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo, Pueblo County, or their officers, employees or agents. V. OTHER. A. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made by written document signed by the parties. Any delegation or assignment of this Agreement by either party, without the prior written consent of the other party, shaH be void. This Agreement shall be governed by, and construed according to, the laws of the State of Colorado. B. This Agreement is intended to govern the agreement of the parties only with respect to the Pueblo Arkansas River Corridor Legacy Project. C. The County certifies that neither it nor any members of its Board of County Commissioners, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities undertaken pursuant to this Agreement, nor has an interest in any contract, subcontract or agreement with respect thereto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. The County further agrees that it shaH avoid aH conflicts of interest which are -3- prohibited by applicable federal regulations. D. In the event this Agreement or any material provision hereof shall be declared to be invalid, unenforceable, or in violation of any applicable federal, state or local laws or regulations, the parties will immediately begin negotiations to modify or amend this Agreement in order that this Agreement shall, as amended, express and contain the understanding and intentions of the parties. E. The subject headings of the paragraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of its provisions. F. Except as set forth elsewhere in this paragraph, all notices to be given under this Agreement shall be made in writing, and shall be sufficient if delivered personally, or mailed by First Class United States Mail, postage prepaid, to the other party at the following addresses: If to the County: Pueblo County Attn: County Manager 215 W. 10th Street Pueblo, CO 81003 Telephone: (719)583-6011 If to the City: City of Pueblo Attn: City Manager 1 City Hall Place Pueblo, CO 81003 Telephone: (719)553-2655 IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. PUEBLO COUNTY Loretta Kennedy Chairman, Board of County Commissioner. Attest: CITY OF p ULO, a Muni~~/fi6n ~ By I~ l; President of the City Council City Clerk Approved as to form: City Attorney ~ -4 EXHIBIT 1 PUEBLO ARKANSAS RIVER CORRIDOR PROJECT WORK PLAN November 2002--June 2005 1) Arkansas River Fisheries Habitat Restoration ($200,000) - a 9.5-mile stream enhancement project in conjunction with the U.S. Army Corps of Engineers, to improve fishery habitat and the streamside vegetation. The project features include, but are not limited to the following: (a) plantings; (b) modifications and other improvements within and adjacent to the river channel for grade control, channel and bank stabilization purposes such as vegetated bars, riverbed work and rip-rap; (c) fish and wildlife habitat improvements and other ecosystem improvements including the placement of materials or structures in the bed or banks of the river that influence stream velocity or channel form such as w-weirs, v-weirs, cross vanes, j-hooks, boulder clusters and fish passage structures; and (d) the removal or placement of gravel, cobbles, boulders, and other structures or conveyances to recharge or maintain flow to existing wetlands. 2) Greenway & Nature Center of Pueblo - The project includes the following improvements: (a) construction of an outdoor education and event plaza between the Nature Center Office/Classroom and the restaurant ($15,000); (b) construction of new flight rehabilitation cages and interpretive displays at the Raptor Center facility ($10,000); construction of interpretive trails and signs along the Arkansas River and along the bluff areas adjacent to the Nature Center facilities ($10,000); and the planting and restoration of the bluff and prairie habitat areas adjacent to the Nature Center ($10,000). 3) Trail Improvements - Trail improvements include, but are not limited to the following: (a) replacement of three miles of the Arkansas River Trail between City Park and 1-25 and construction of trail safety and information signs along the entire River Trail System ($80,000); (b) construction ora natural surfaced trail connecting from Lake Pueblo State Park to Pueblo West Metropolitan District in an alignment acceptable to both entities ($25,000). 4) Environmental Education Sites - Improve the Overton Overlook and Conduit Trail environmental education sites located at the western end of the Lake Pueblo Wildlife Area ($20,000). The improvements will include parking, shelter, and interpretive signs at each site. 5) Pueblo Zoo - Funding for the Colorado River Otter Exhibit ($30,000); Exhibit 2 Arkansas River Corridor Legacy Project Pueblo County Contribution Payment Disbursement Schedule PROJECT 2002 2003 2004 TOTAL River Habitat Restoration $100,000 $100,000 $200,000 Greenway & Nature Center Environmental Plaza $15,000 $15,000 Raptor Center $10,000 $10,000 Interpretive Signs & Trails $10,000 $10,000 Bluff & Prairie Restoration $10,000 $10,000 Trails Improvements River Trails and Signs $70,000 $10,000 $80,000 Pueblo West Trail Linkage $25,000 $25,000 Environmental Education Sites $20,000 $20,000 Pueblo Zoo - Otter Exhibit $30,000 $30,000 TOTAL $15,000 $200,000 $185,000 $400,000