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HomeMy WebLinkAbout09449ORDINANCE NO. 9449 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO RELATING TO THE PUEBLO MEMORIAL AIRPORT IMPROVEMENTS PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID INTERGOVERNMENTAL AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement, dated February 28, 2019, between the City of Pueblo, a Colorado municipal corporation and Pueblo County, a political subdivision of the State of Colorado relating to the Pueblo Memorial Airport Improvements Project, a copy of which is attached hereto having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver the Intergovernmental Agreement in the name of the City and the Acting City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached Intergovernmental Agreement which are necessary to effectuate the purposes and transactions described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on April 8, 2019 . Final adoption of Ordinance by City Council on April 22, 2019 . President of City Council Action by the Mayor: ☒ Approved on April 26, 2019 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST Acting City Clerk City Clerk’s Office Item # R-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 8, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development Ian Turner, Director of Aviation SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO RELATING TO THE PUEBLO MEMORIAL AIRPORT IMPROVEMENTS PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID INTERGOVERNMENTAL AGREEMENT SUMMARY: Attached is an Ordinance which approves and authorizes the Mayor to execute an intergovernmental agreement (“IGA”) regarding the Pueblo Memorial Airport Improvements Project. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: On November 8, 2016 Pueblo County voters approved Ballot Question 1A which authorized Pueblo County to utilize revenues from expiring Tax Incentive Agreements in the amount of approximately $66 million to fund specific community improvement projects. Pueblo County has determined that it is financially advantageous to issue certificates of participation to provide funding of fifteen (15) specific improvement projects beginning in 2019. One of the fifteen (15) selected projects is the Pueblo Memorial Airport Improvement Project which consists of stormwater upgrades and landscaping upgrades at the airport. FINANCIAL IMPLICATIONS: The total cost of the construction improvements is $280,000. Under the attached IGA, Pueblo County has agreed to reimburse the City in the amount of $180,000 in 2019 and $100,000 in 2020. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the IGA will not be approved and the City of Pueblo will not be reimbursed $280,000 for stormwater upgrades and landscaping upgrades at Pueblo Memorial Airport. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance; proposed Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT (Airport Improvements) THIS AGREEMENT is entered and is effective this a$ day of February, 2019("Effective Date") between Pueblo County, a political subdivision of the State of Colorado, ("County") and the City of Pueblo, a Colorado municipal corporation and a home-rule municipality ("City") (collectively, the "Parties"). WITNESSETH: WHEREAS, on November 8, 2016 Pueblo County ("County") voters passed Ballot Question 1A, which allows the County to collect, retain and spend all revenue from all sources notwithstanding the limitations of Article X, Section 20 of the Colorado Constitution("TABOR") or other law and utilize revenues from expiring Tax Incentive Agreements.("TIA") in the amount of approximately$66 million to fund an initial list of 20 specific community improvement projects, and a list of projects as modified or supplemented from time to time, now formally known as the Capital Improvement Program ("CIP"); and WHEREAS, Pueblo County has conducted an analysis surrounding a proposed financing utilizing Certificates of Participation and the TIA revenues, determining that financing is possible to support funding of 15 specific community improvement Projects in the CIP beginning in 2019, including the City of Pueblo Memorial Airport Improvements Project which consists of stormwater upgrades and landscaping upgrades (hereinafter"Project"); and WHEREAS, the total cost of the construction improvements is $280,000; the improvements will consist of the installation of stormwater and landscaping upgrades at the Airport; and WHEREAS, Pueblo County desires to provide $280,000 from the 1 A funds to pay for the Project subject to and in accordance with the provisions of this written Agreement. NOW THEREFORE, in consideration of the promises, conditions and covenants set forth herein the Parties mutually agree as follows: 1. SPECIFIC PROVISIONS: 1.1 The County agrees to provide the City an amount not to exceed $280,000 for the purpose of completing the Project. The Parties understand that the County's obligation under this Agreement is only to fund the Project and it is the City's obligation to complete the Project. The City shall bear all risk and responsibility related to completing the same. 1.2 The City will act as the sole manager of the Project on behalf of the Parties. As such, the City will determine the method and manner in which the Project is completed, in accordance with its internal policies and procedures. However, the 1 City must complete the Project in its entirety within thirty (30) months from the date the County issues debt for this Project. City hereby represents and warrants to County that it will commit the human and other resources necessary to undertake and perform its obligations under this Agreement and within the time periods specified. City further acknowledges and intends that County rely upon this representation and warranty. 1.3 The City shall provide written quarterly updates to the County regarding the progress of the Project and shall include copies of the invoices submitted to and paid by the City for the Project. The City will publicly promote the Project and periodically inform the public about the Project. County, at its expense, shall be allowed to post a sign at the project site indicating that the improvements are funded by County Ballot Question 1 A funds. 1.4 Title to all improvements, equipment and work product related to the Project shall vest in the City. 1.5 Upon the receipt by the County of the proceeds from the issuance of debt by the County to fund the Project the County will forward the sum of$280,000 to the City per the following schedule: $180,000 , 2019 $100,000 , 2020 The City has requested the division of the payment over a two-year period in order to avoid the potential of exceeding its TABOR limitations in year 2019. At the written request of City, County may, in its discretion, accelerate the payment schedule. 1.6 Within a period not to exceed 90 days after the effective date of this Agreement, City shall submit to County a detailed scope of the work elements to be undertaken on the Project and a proposed budget of the agreed upon sum among the specific project work elements. The obligation of County to pay over the agreed upon sum to City shall be contingent upon the final approval by the Board of County Commissioners of the submittals required by this subsection. County agrees to consider and take final action on the submittals within 30 days of its receipt of a complete set of the required submittals. City agrees to make its representative(s) available to answer any questions the County may have on the submittals. In the event the City fails to make the required submittals within the time period specified, the County may, but shall not be required to, suspend or terminate this Agreement in order to redirect the funds to another project or projects in the CIP. 2 2. TERM AND TERMINATION: The term of this Agreement shall begin on the Effective Date and, unless sooner terminated as provided herein, end thirty(30)months from the date the County issues debt for the first phase of the CIP. 3. CITY CONTRIBUTIONS: City agrees that the funds committed by County pursuant to this Agreement are intended by County to be, in addition to and not in substitution or replacement of, any monies previously committed or agreed to be committed by City to the Project or other improvement projects at the airport. The funds to be provided by County hereunder shall not be used for the purchase of snow removal or other equipment needed at the airport, and/or to obtain a Match Grant from the Colorado Department of Transportation to fund the purchase of such equipment. City shall, at its sole and separate expense, operate and maintain the improvements following completion of the Project. 4. OTHER: 4.1 The City shall bear all risk and responsibility related to compliance with Article X, Section 20 of the Colorado Constitution ("TABOR") or other law which is applicable to the transactions described in this Agreement. 4.2 This Agreement is also expressly contingent upon the County's ability to obtain certificates of participation or another source of funding for the Project. 4.3 This Agreement constitutes the entire Agreement between the Parties and supersedes all prior and contemporaneous agreements, representations and understandings between them. This Agreement shall be construed and enforced according to the laws of the State of Colorado. No alterations, amendments, changes or modifications to this Agreement shall be valid unless they are contained in writing and executed by all Parties. 4.4 This Agreement shall be binding and inure to the benefit of the Parties to it and their respective legal representatives, successors and assigns. Any delegation or assignment of this Agreement by either Party without the prior written consent of the other Party shall be void. 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.4.5. Except as set forth elsewhere in this paragraph, all notices to be given in this Agreement shall be made in writing and shall be sufficient if delivered personally due to the need for timely transmission of information or by Certified Mail to the other party at the following addresses: 3 Pueblo County Department of Budget and Finance Pueblo County Courthouse 215 West 10th Street Pueblo, CO 81003 With a copy to: Pueblo County Attorney's Office Pueblo County Courthouse 215 West 10th Street, Room 312 Pueblo, CO 81003 And Mayor's Office #1 City Hall Place, 2nd Floor Pueblo, CO 81003 With a copy to: Director of Planning and Development 211 East D Street Pueblo, CO 81003 With an additional copy to: City Attorney's Office #1 City Hall Place, 3rd Floor Pueblo, CO 81003 4.5 GOOD FAITH: The Parties shall implement this Agreement in good faith including acting in good faith in all matters that require joint or coordinated action. 4.6 STATUS OF PARTIES: The Parties will perform their duties under this Agreement independent from each other. Neither Party, nor any employee, officer or agent thereof, will be considered to be an agent or employee of the other Party for any purpose whatsoever. 4.7 NO THIRD-PARTY BENEFICIARY: Enforcement of the terms of the Agreement and all rights of action relating to enforcement are strictly reserved to 4 the Parties. Nothing contained in the Agreement gives or allows any claim or right of action to any third person or entity. 4.8 LEGAL AUTHORITY: The Parties assure that they possess the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. The person or persons signing and executing this Agreement do hereby warrant that he/she or they have been fully authorized to execute this Agreement and to validly and legally bind their principals to all the terms, performances and provisions herein set forth. 4.9 SURVIVAL OF CERTAIN CONTRACT TERMS: Notwithstanding anything to the contrary, the Parties understand and agree that all terms and conditions of this Agreement which may require continued performance or compliance beyond the termination date of this Agreement and shall survive such termination date and shall be enforceable by the Parties. 4.10 LIABILITY AND INSURANCE: As between the City and County, City (as the owner and operator of the Pueblo Memorial Airport and the Project improvements) agrees to assume the risk of personal injury, including death and bodily injury, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in conjunction with or arising out of the use of the Pueblo Memorial Airport improvements funded by County 1 A dollars or by the conditions created thereby; provided, however, that nothing in this paragraph is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. City shall provide and maintain Workers' Compensation insurance coverage or self-insurance on its employees complying with the requirements of State law. {THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK} 5 IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement the day and year first written above. ATTEST: COUNTY OF 'UEBLO 44 A/ l I , y / By: � � a s- By: /411° Clerk to the Board / Chair, Board of County Commissioners Date: ATTEST: CITY OF PUEBLO Bye Al i By. a ' 1 40 / Acting City Clerk- ayor Brenda Armijo Nicholas A. Gradisar Date: 6l pa--/ [ SEAL] APPROVED AS TO FORM: APPROVED AS TO FORM: By: C ,k-4"4,...9 J By: /�C� CoLfnt1Y Attorney City Attorney Cynthia Mitchell Daniel C. Kogovsek 6