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HomeMy WebLinkAbout08314ORDINANCE NO. 8314 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY, COLORADO CONCERNING FUNDING OF CITY RECREATION PROJECTS AND THE RENOVATION OF CITY HALL AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, APPROPRIATING FUNDS RECEIVED THEREUNDER, AND TRANSFERRING FUNDS FROM PROJECT PL0904 AND APPROPRIATING AND BUDGETING SAME TO CITY RECREATION PROJECTS HEREBY ESTABLISHED BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement dated February 14, 2011 between Pueblo County, Colorado ("County") and the City of Pueblo, a Municipal Corporation ("City") concerning the funding of City recreation projects and the renovation of City Hall, having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. Funds in the amount of $2,600,000 are hereby transferred from Project PL0904, City Hall Renovation, and budgeted and appropriated to and for the following capital projects which have heretofore been established or, if not, are now hereby established: Amount Project No. Project Name Transferred CP1106 City Park Pool Improvements $ 500,000 CP1107 Wheel Park Facility $1,000,000 CP1108 City Park Tennis Restrooms & Seating $ 200,000 CP1109 Kiddie Ride Complex Improvements $ 300,000 CP1110 Park Play Equipment $ 300,000 CP1111 Trail Renovation $ 300,000 SECTION 3. Funds in the amount of $2,600,000 received from the County pursuant to the Agreement are hereby budgeted and appropriated to Project No. PL0904, City Hall Renovation. SECTION 4. The following projects are deactivated and any funds appropriated therefor shall be transferred to general fund reserves: CP1014 City Park – Tennis Club Renovation, CP1015 Drew Dix Park – Play Equipment Replacement, CP1016 University Park Play Equipment, and CP1017 Briarwood Park Play Equipment. SECTION 5. This Ordinance shall become effective upon final passage and approval. INTRODUCED: February 14, 2011 BY: Leroy Garcia COUNCILPERSON PASSED AND APROVED: February 28, 2011 Background Paper for Proposed ORDINANCE DATE:AGENDA ITEM February 14, 2011 # R-2 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY, COLORADO CONCERNING FUNDING OF CITY RECREATION PROJECTS AND THE RENOVATION OF CITY HALL AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, APPROPRIATING FUNDS RECEIVED THEREUNDER, AND TRANSFERRING FUNDS FROM PROJECT PL0904 AND APPROPRIATING AND BUDGETING SAME TO CITY RECREATION PROJECTS HEREBY ESTABLISHED ISSUE Should City Council approve the Intergovernmental Agreement with Pueblo County concerning funding of City recreation projects and renovation of City Hall? RECOMMENDATION Approve the Agreement. BACKGROUND The voters of Pueblo County approved Ballot Issue 1A in the General Election of 2006 authorizing the County to retain certain excess property tax revenues for a five-year period for specified purposes, including providing recreational projects located in the City. To accelerate the construction of projects, the County issued Build America Bonds ("BABs"), which have requirements for encumbrance and expenditure. The County had committed funds for City recreation projects and, at this time, there remain 6 recreation projects for which the County has committed $2.6 million. These include the Wheel Park Facility at or near 700 Erie Street, City Park Tennis Restrooms and seating, Kiddie Ride Complex Improvements, Park Play Equipment at 3 parks, and Trail Renovation. In order to meet the BABs deadlines, the County is agreeing to fund $2.6 million of the City Hall renovation costs, in exchange for the City's commitment to transfer $2.6 million of the so-called "Black Hills" funds heretofore appropriated and allocated to the City Hall Project to the outstanding City recreation projects. By this exchange, the County will meet its commitment to the voters, and the City's recreation projects will be funded. FINANCIAL IMPACT See Background. 1/24/2011 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into effective this 14 day of February, 2011, 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 may hereinafter be referred to as the "Parties" and each of which may be referred to as a "Party " 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 junsdiction to support and fund recreational facilities and services in the County C. The voters of the County, by passing Ballot Issue 1 A in the General Election of 2006, authorized the County to retain certain excess property tax revenues for a five -year penod for, among other things, providing recreational facilities projects located in the County, including the City 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. In order to accelerate the construction of various projects, including projects authorized under Ballot Issue 1A, the County has caused to be issued the "Taxable Certificates of Participation (County Judicial Complex Project), Series 2009A," as a series of Build America Bonds, as defined under the American Recovery and Reinvestment Act of 2009 (the "BABs "). The County desires to make BAB proceeds available to the City for the renovation and remodeling of its historic City Hall, in an amount equal to the estimated costs of the remaining recreational facilities within the City which were intended to be funded with Ballot Issue 1A funds. The City is willing to transfer an identical sum from funds appropriated for the renovation and remodeling of City Hall to and for certain recreational facilities. F County has determined and represented to City that the renovation and remodeling of City Hall is an eligible use of the BAB proceeds. G The City and the County wish to cooperate and enter into an Intergovernmental Agreement to timely obligate BAB funds for City Hall while ensuring that the construction and improvement of recreational facilities located within the City and County intended under Ballot Issue 1 A still occurs. NOW, THEREFORE, FOR AND IN CONSIDERATION, of the foregoing and the mutual promises, covenants, terms and conditions contained herein, City and County agree as follows. DESCRIPTION OF THE PROJECTS 1 Scope of Projects. For purposes of this Agreement: (a) the term "City Hall Project" shall mean the City's planned project to remodel and renovate the histonc City Hall of City located at 1 City Hall Place, Pueblo, Colorado. (b) the term "City Park Pool Improvements" shall mean the construction of a new ADA accessible bathhouse, chlorine system replacement and spray park amenities at City Park, 800 Goodnight Avenue, Pueblo, Colorado, 81005 (c) the term "Wheel Park Facility" shall mean the Fountain Creek Phase I project consisting of a new wheel park at or near 700 Erie St., Pueblo, Colorado to include a pedestrian plaza, lighting, drinking fountain, benches, landscaping and parking. (d) the term "City Park Tennis Restrooms and Seating" shall mean the remodel of restrooms to achieve ADA compliance and renovation of the historic stone seating at or near the City Park Tennis Court Complex. (e) the term "Kiddie Ride Complex Improvements" shall mean covered shelters for five amusement rides and rider waiting areas, expansion of picnic areas with gazebos, improved lighting, replacement of sidewalks and expansion of caboose facility, all of which will be located at City Park. (f) the term "Park Play Equipment" shall mean accessible play equipment for Briarwood Park (2050 Carlee Drive, Pueblo), Drew Dix Park (150 MacNeil Road, Pueblo) and University Park (near Candytuft or Cedarweed) (g) the term "Trail Renovation" shall mean replacement of deteriorated trail on Pueblo Boulevard from Lehigh to Northern and on Northern Avenue from Moore Avenue to Pueblo Boulevard. (h) the term "Black Hills Funds" shall mean $2.6 million dollars of the $3.5 million in funds derived from payments received by the City in lieu of certain sales and use taxes which were duly appropriated and subsequently transferred by Resolution No 11945 of the City Council of Pueblo for the City Hall Project, PL0904 (i) the term "Recreation Projects" shall include the City Park Pool Improvements, the Wheel Park Facility, the City Park Tennis Restrooms and Seating, the Kiddie Ride Complex Improvements, the Park Play Equipment and the Trail Renovation. 2. Fund Transfers (a) Within 10 days of execution of this Agreement, County shall pay to City the sum of $2.6 million from the BAB proceeds to be deposited to City capital project PL0904, City Hall Renovation. The BAB funds shall not be used by City for any other use or project. (b) Within thirty (30) days of receipt of the County funds, City shall cause the Black Hills Funds to be transferred to capital project accounts for the Recreation Projects. (c) City agrees that it will award contracts for the final design and construction of the City Hall Project in accordance with Section 3 of this Agreement on or before August 31, 2011 in order that the BAB proceeds in the amount of $2.6 million will be timely expended in accordance with the County's Tax Compliance Certificate relating to the BABs dated as of December 29, 2009 (the "Tax Compliance Certificate ") 3. City Hall Project (a) The design of the City Hall Project shall be solely within the control of the City, and City shall manage the construction thereof without further assistance from County In the event the cost of the City Hall Project exceeds $2.6 million, the excess shall be the sole fiscal responsibility of the City and shall be paid by City from other funds. In furtherance of the foregoing, City agrees to I. Cause a final design to be prepared for the City Hall 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. II. Advertise a request for competitive bids for the construction of the project and award the construction contract to the lowest and best bid by a responsible bidder III. Manage the construction of the City Hall Project including contract admimstration, payments and inspections as required by law IV Maintain and make available to the County upon request detailed financial records including work performed, invoices and approved pay requests and payments made to contractors. (b) Pueblo City Hall is owned by the City The Parties agree that, as between City and County, maintenance of City Hall and the City Hall Project shall remain the sole responsibility of the City during construction phase and after completion of the project. (c) 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 City Hall Project including, but not limited to, defects in any items purchased with BAB proceeds 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 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 negligent or intentional actions of the County, its officers, directors, agents and employees. (d) City agrees that, in connection with the investment and expenditure of the BAB proceeds and the construction of the City Hall Project, it will comply with the restrictions set forth in the Tax Compliance Certificate as if a signatory to the Tax Compliance Certificate. 4. Recreation Projects. Subject to County's compliance with Section 2(a) of this Agreement, City agrees to design and construct the following projects, and to transfer and expend the listed amounts therefore from the Black Hills funds. Project Black Hills Funds Amount City Park Pool Improvements $ 500,000 Wheel Park Facility $1,000,000 City Park Tennis Restrooms & Seating $ 200,000 Kiddie Ride Complex Improvements $ 300,000 Park Play Equipment $ 300,000 Trail Renovation $ 300,000 Total Recreation Projects $2,600,000 5. Term. The term of this Agreement shall commence on the date first set forth herein and shall end on completion of the last completed of the Recreation Projects. 6. 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 7 Amendment of Tax Compliance Certificate. The Tax Compliance Certificate is hereby amended and supplemented to the extent set forth herein. 8. Complete Agreement. This Agreement constitutes the complete Agreement on the subject hereof and supersedes and replaces all pnor oral and written understandings and/or agreements of the parties on the subject hereof. 9 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 10. 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 provisions or conditions shall be binding unless made in writing and signed by the Chair of the Board of County Commissioners and the President of City Council. 11. 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. 12. 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. 13. 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 14. Notices. All notices required under this Agreement shall be sent in writing by certified or registered mail, return receipt requested, to the Parties at the following addresses. (a) if to City City of Pueblo Attn. City Manager 200 S Main Street Pueblo, CO 81003 with a copy to City Attorney 503 N Main Street, Ste. 203 Pueblo, CO 81003 (b) if to County Chairman, Board of County Commissioners 215 W 10 St. Pueblo, CO 81003 with a copy to Pueblo County Attorney 215 W 10 St., Rm. 312 Pueblo, CO 81003 15. 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. 16. 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 nght of action by any other party or third person. 17 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. ATTEST CITY OF PUEBLO By' By• �. Cit Jerk President of Cit A Council ATTEST PUEBLO COUNTY, COLORADO B � i 'J A 1 ► B • i av,dijir -r of the Board / Ch. : oard of County Commissioners