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HomeMy WebLinkAbout11237RESOLUTION NO. 11237 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY, COLORADO RELATING TO MITCHELL PARK BATH HOUSE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement dated February 25, 2008 between the City of Pueblo and Pueblo County, Colorado relating to financing the construction of the Mitchell Park bathhouse, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. .qFr.TinN 9 The President of the City Council is authorized to execute the Intergovernmental Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. .qFrTinN This Resolution shall become effective upon final passage and approval. INTRODUCED February 25. 2008 Randy Thurston Councilperson ANT PRESIf NT'ei Cif' Council ATTEST D BY Res. 1123 Background Paper for Proposed RESOLUTION DATE: DEPARTMENT: TITLE February 25, 2007 City Manager's Office David J. Galli, City Manager AGENDA ITEM # 21 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY, COLORADO RELATING TO MITCHELL PARK BATHHOUSE ISSUE Should City Council approve an Intergovernmental Agreement with Pueblo County relative to the construction of the Spray Park and Bathhouse at Mitchell Park Swimming Pool? RECOMMENDATION Approval of the Resolution BACKGROUND This Resolution approves an Intergovernmental Agreement with Pueblo County. The County will spend up to $500,000 of Ballot Issue 1A funds for the construction of the Spray Park and Bathhouse at Mitchell Park Swimming Pool. To avoid any potential TABOR issues for the City, under this agreement, Pueblo County will directly pay the contractor performing the service. FINANCIAL IMPACT There is no financial impact directly related to this agreement. The City will pay any funds in excess of $500,000 and funds for that purpose are budgeted. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into effective this 25` day of February, 2008, by and between Pueblo County, Colorado, a body corporate and politic, hereinafter referred to as "County" and the City of Pueblo, a Municipal Corporation, hereinafter referred to as "City" both of which are hereinafter referred to as "Parties." RECITALS: A. Article 13 of the City's Home Rule Charter creates a City Department of Parks and Recreation, among whose purposes is to provide for recreation facilities and services to the residents of the City. B. Pursuant to C.R.S. §§ 30 -11 -107, the County has the lawful authority and jurisdiction to support and fund recreational facilities and services in the County. C. The voters of the County, by passing Ballot Issue 1A in the General Election of 2006, authorized the County to retain excess property tax revenues for a five year period to, inter alia, improve recreational facilities in the County. D. The City and the County are political subdivisions as defined in C.R.S. § 29 -1- 201 et seq., which expressly authorizes and encourages political subdivisions to cooperate and contract with one another to provide facilities and services as permitted by law. E. The City and the County wish to cooperate and enter into an Intergovernmental Agreement to construct recreational facilities located within the City and County. NOW, THEREFORE, FOR AND IN CONSIDERATION, of the foregoing and the mutual promises, covenants, terms and conditions contained herein, City and County agrees as follows: DESCRIPTION OF THE PROJECT I. Project Scope. City and County hereby agree to cooperate in the financing of improvements to the Mitchell Park bath house and spray park which are owned by the City. 2. Substantial Completion. It is the intent of the Parties that the project will be completed by December 31, 2008. 3. Contract Sum. County hereby agrees to pay an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to complete the project described in paragraph 1 supra. The Parties understand and agree that if the cost to complete the project exceeds $500,000.00, the excess cost of the project shall be the sole fiscal responsibility of the City and shall be paid by City. 4. Maintenance of Project. Mitchell Park is owned by the City. The parties agree that maintenance of the Park and of the project facilities shall remain the sole responsibility of the City during the construction phase and after completion of the project. 5. Additional Improvements. In the City's sole discretion, City may include other improvements in the plans and specifications and construction contract for the project, provided that said other improvements and their associated costs are clearly identified. The parties hereby agree that the costs of said additional improvements, if any, shall be the sole fiscal responsibility of the City and shall be paid by City. OBLIGATIONS OF CITY As consideration for the performance of the County hereunder, the City agrees to undertake the following obligations during the term of this Agreement: 6. Prepare a design for the project, with appropriate plans and specifications in compliance with applicable building codes, regulations and state and federal law including, but not limited to, the Americans with Disabilities Act. 7. Advertise a request for competitive bids for the construction of the project and award the construction contract to the lowest responsible bidder. 8. Manage the construction of the project including contract administration, payments and inspections as required by law. 9. Provide the County with copies of all pay requests associated with the project, which have been approved by City for payment. The parties agree that such pay requests shall clearly identify the work performed on the project. 10. Allow appropriate County employees access to the project site during construction for periodic inspections of the progress of construction and to verify compliance with this Agreement. 11. Invite appropriate employees of the County to participate in a final walk- through inspection of the project and the preparation of any required punch lists for final acceptance of the project. 12. Maintain and make available to the County detailed financial records including work performed, invoices and approved pay requests and payments made to the contractors. 13. To the extent authorized by law, City shall indemnify and hold harmless the County, its officers, directors, agents and employees, as officials and individuals, from and against any and all claims, demands, actions, and suits of any kind or nature whatsoever arising under any applicable worker's compensation laws or other public liability law made as a result of the Project or this Agreement including, but not limited to, defects in any items purchased herewith and any component parts thereof for which claims, demands or suits may be brought against the County, its officers, directors, agents and employees or costs or fees incurred by them in defending any action arising from any such claim, demand or suit, including, but not limited to, reasonable attorney's fees, except to the extent that such liability is adjudicated to be the result of the negligent or intentional actions of the County, its officers, directors, agents and employees. OBLIGATIONS OF COUNTY As consideration for the performance of the City hereunder, the County agrees to undertake the following obligations during the term of this Agreement: 14. Progress payments. County agrees to pay directly to the person or entity requesting payment for labor and materials associated with the project within fifteen (15) days of receipt of invoices for same which have been approved for payment by the City. The County's obligation hereunder shall not exceed Five Hundred Thousand Dollars ($500,000.00). OTHER PROVISIONS: The parties agree that their performance under this Agreement shall be subject to the following provisions: 15. Term. The term of this Agreement shall commence on the date first set forth herein and shall end on December 31, 2008. 16. Liability Exposure. Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., by City or County. 17. Complete Agreement. This Agreement constitutes the complete Agreement on the subject hereof and supersedes and replaces all prior oral and written understandings and/or agreements of the parties on the subject hereof. 18. Governing Law. This Agreement and the rights and duties of the parties shall be construed and interpreted and enforced in accordance within the laws of the State of Colorado. 19. Modifications. This Agreement may not be modified or amended in any manner by either or both of the parties unless the same is set forth in a written agreement making reference to this Agreement and signed by the parties hereto. No waiver of any of this Agreement's provision or conditions shall be binding unless made in writing and signed by the Chair of the Board of County Commissioners and the President of the City Council. 20. Binding Agreement. When executed by the parties, this Agreement shall constitute a binding Agreement and shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and permitted assigns. Any delegation or assignment of this Agreement or any of the obligations set forth herein by either party without the prior written consent of the other party shall be void and of no force and effect. 21. Severable. If any provision of this Agreement shall be determined invalid, illegal or without force by a Court of Law or rendered so by legislative act, the remaining provisions shall remain in full force and effect. 22 Waiver. Failure to exercise any remedy which either party may have under this Agreement or any other acquiescence by one party, shall not constitute a waiver of any obligation of the defaulting party hereunder. 23 Notices: All notices required under this Agreement shall be sent in writing by certified or registered mail, return receipt requested, to the following address: City of Pueblo Attn: City Manager 1 City Hall Place Pueblo, CO 81003 Pueblo County, Colorado Attn: Pueblo Count y Attorney 215 W. 10th St., Rm. 312 Pueblo, CO 81003 24. Captions. Captions and headings used in this Agreement are for identification only and shall be disregarded in any construction or interpretation of the provisions of this Agreement. 25. Appropriations of Funds. This Agreement is expressly made subject to the annual appropriation of funds by City and County for its performance after this current fiscal year, and upon failure of City or County to appropriate funds for this Agreement, said Agreement shall be terminated without liability to either party. 26. No Third Party Beneficiary. Enforcement of the terms and conditions of this Agreement shall be strictly reserved to the City and County and nothing contained in this Agreement shall give or allow any claim or right of action by any other party or third person. 27. Counterparts. 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 agreement. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date first above written. I:r601-11 CITY OF PUEBLO By: President of the City Council ATTEST: PUEBLO COUNTY, COLORADO Chair, Board of Co—mmi