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HomeMy WebLinkAbout09470 ORDINANCE NO. 9470 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO COUNTY RELATING TO THE USE OF 2016 BALLOT QUESTION 1A CAPITAL IMPROVEMENT PROGRAM PROJECT FUNDING FOR THE LAKE MINNEQUA PARK IMPROVEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement between Pueblo, a Colorado Municipal Corporation, and Pueblo County relating to the use of 2016 Ballot Question 1A Capital Improvement Program Project Funds for the Lake Minnequa Park Improvements, a copy of which is attached, 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 the intent of the Ordinance and Agreement to implement the policies and procedures 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 May 13, 2019 . Final adoption of Ordinance by City Council on May 28, 2019_______________. President of City Council Action by the Mayor: ☒ Approved on June 1, 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 Deputy City Clerk City Clerk’s Office Item # R-12 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: May 13, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO COUNTY RELATING TO THE USE OF 2016 BALLOT QUESTION 1A CAPITAL IMPROVEMENT PROGRAM PROJECT FUNDING FOR THE LAKE MINNEQUA PARK IMPROVEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves an Intergovernmental Agreement (“IGA”) between Pueblo, a Colorado Municipal Corporation (“City”) and Pueblo County (“County”) relating to the use of 2016 Ballot Question 1A Capital Improvement Program funds for the Lake Minnequa Park Improvements. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This Ordinance approves an IGA between the City and the County relating to the use of 2016 Ballot Question 1A Capital Improvement Program Project funds for the Lake Minnequa Park Improvements. The funding provided from the County will be $2.5 million dollars. The improvements include the construction of a restroom, concession, plaza, park extension of an additional turf playfield area, parking lot expansion and paving, park shelters, playground, lighting and signage for the park. The funding will be used to pay for associated soft costs and hard costs relating to construction of the improvements. FINANCIAL IMPLICATIONS: The funding to the City authorized in the IGA will provide $2.5 million dollars for the Project, with $1.5 million dispersed in 2019 and $1 million dispersed in 2020 from Pueblo County Project Funds. There are no matching funds required from the City, although the City will provide in-house design and construction management of the improvements totaling an estimated value of $35,000. In addition, the City will commit to operate and maintain the improvements following the completion of the construction. BOARD/COMMISSION RECOMMENDATION: The park improvements included in the IGA are included in the Master Plan for the Lake Minnequa Park and Open Space Area that was reviewed by the Planning and Zoning Commission in October 2008. STAKEHOLDER PROCESS: The Master Plan for the Lake Minnequa Park and Open Space Area was completed in March 2008 and updated in October 2008. The Master Plan included multiple public meetings in conjunction with the public outreach for the establishment of the Lake Minnequa Urban Renewal Area in 2008. ALTERNATIVES: Currently, there are no alternatives for completing the improvements without the funding from the 2016 Ballot Question 1A Capital Improvement Program Project funds. RECOMMENDATION: Approve the Ordinance. Attachments: ProposedOrdinance City-County IGA for the Lake Minnequa Park Improvements Execution copy INTERGOVERNMENTAL AGREEMENT (Lake Minnequa Improvements) THIS AGREEMENT is entered and is effective this ZS day of May, 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 Iist 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 Lake Minnequa Improvements Project which consists of the construction of restrooms,a concession facility,a plaza,an extension of an additional turf playfield area, parking lot expansion and paving,park shelters, playground improvements, and lighting and signage for the park(hereinafter"Project"); and WHEREAS, the total cost of the design and construction of the improvements for the Project is $2,500,000; and WHEREAS, Pueblo County desires to provide $2,500,000 from the IA 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 $2,500,000 for the purpose of completing the Project. The Parties understand that the County's obligation under this Agreement is only to fund the Project in accordance with the specific provisions set forth and it is the City's obligation to manage all aspects of and complete the Project. The City shall bear all risk and responsibility related to management of and completing the same. 1 1.2 The City will act as the sole manager (including construction management) 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 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 In addition to its other submittals required hereunder, the City shall provide written quarterly updates to the County regarding the progress of all aspects of 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 signage 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 reserve the sum of $2,500,000 for reimbursement to the City in accordance with the further terms of this Agreement. 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. At the present time, the City has requested .the division of the reimbursement amounts over a two-year period as follows: $1,500,000 , 2019 $1,000,000 , 2020 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 commence payments of 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 2 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. 1.7 As a condition precedent to the disbursement by County of the funds identified herein for the costs of the Project, City shall file with the County's Director of Budget and Finance periodic written requests for reimbursement to the City of amounts paid to third party contractors, certified to be true and correct by the City, representing that the amounts included in the request for reimbursement have not been included in any prior request for reimbursement and are for the actual costs of the Project, identifying the specific work for which reimbursement is sought and including a copy or copies of the invoices paid by the City for Project costs and for which reimbursement is being sought. County agrees to proceed with due diligence in acting upon all such requests for reimbursement. City shall not submit requests for reimbursement which exceed in the aggregate $2,500,000. 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 or City's other project partners on the Project or other improvement projects at Lake Minnequa. The City hereby represents that the total costs of developing Lake Minnequa as a City/Community Park, open space,and regional stormwater retention facility to date are$8,055,000 and have been funded by the City and its various project partners, all as are identified on Exhibit A attached hereto and incorporated herein by this reference. In addition, the City shall provide in-house design and construction management of the Project with an estimated value of$35,000. In addition, 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. 3 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 set forth in a writing and executed by all Parties. 4.4 This Agreement shall be binding upon and inure to the benefit of the Parties 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 Agreement, all notices to be given under 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: Pueblo County Department of Budget and Finance Pueblo County Courthouse 215 West 1011' Street Pueblo, CO 81003 With a copy to: Pueblo County Attorney's Office Pueblo County Courthouse 215 West 10"' Street, Room 312 Pueblo, CO 81003 And Mayor's Office #1 City Hall Place, 2" Floor Pueblo, CO 81003 With a copy to: Director of Planning and Development 211 East D Street Pueblo, CO 81003 4 With an additional copy to: City Attorney's Office #1 City Hall Place, 3`d Floor Pueblo, CO 81003 4.6 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. 4.7 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. 4:8 NO THIRD-PARTY BENEFICIARY: Enforcement of the terms of this Agreement and all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in this Agreement gives or allows any claim or right of action to any third person or entity. 4.9 LEGAL AUTHORITY: Each of the Parties represent and warrant that they possess the legal authority, pursuant to any proper, appropriate and official motion, resolution, ordinance, or other 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. 4.10 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. 4.11 LIABILITY AND INSURANCE: As between the City and County, City (as the owner and operator of Lake Minnequa Park and all 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 5 sustained, in whole or in part, in conjunction with or arising out of the use of the Lake Minnequa improvements funded by County 1A dollars or arising out of 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 in compliance with the requirements of State law. (THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK} (SIGNATURE PAGE FOLLOWS} 6 IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement the day and year first written above. ATTEST: COUNTY OF PUEBLO 74) - By: - _.., By: Clerk to the Board Chair, Board of County Commissioners Date: ATTEST: CITY OF PUEBLO BY4PirLil (�U (L-41, D By: F ei,k) ,rad Acting City Clerk- J Mayor Brenda Armijo Nicholas A. Gradisar Date: Tv,/, deJ�? [ SEAL] APPROVED AS TO FORM: APPROVED AS TO FORM: By: ""'�-�-�9 t By:›�`�'me-.41_<742kateK Co�orne City Attorney- Cynthia Mitchell Daniel C. Kogovsek 7 Planning, a, CCmMUnity Daveioprnen X111 Steven Meier, Director colorodo �,, �..�.. . ,,d.., �4w • 211 East D Street { Pueblo,Colorado 81003 { Tel 719-553-2259 I Fax 719-553-2359 I TTY 719-553-2611 1 www.pucbto.us Lake Minnequa Phases, Partners and Funding: Summary detailing funding, phasing and partnerships relating to developing Lake Minnequa as a City community park, open space and regional stormwater detention facility. Total costs to date =$8,055,000. Phase I Description City/Partners Funding In 2009,the City purchased 240 acres of land from CFI land City $1,400,000 and combined it with 50 acres of City land to establish the DOLA 650,000 park, constructed 23/4 miles of a soft surface trail, performed Lower Ark W.D. 600,000 lake and drainage improvements, realign utilities, developed GOCO 2,300,000 a new park road,4 basketball courts, fence, landscaping, BOWW 125,000 parking lots, and shelter. BOWW provided services to develop the water carriage agreement with CF&I, the water augmentation plans and secured necessary water rights to off-set the augmentation requirements. *TOTAL $5,175,000 *Note-Amounts are rounded. Phase II Description City/Partners Funding In 2011, City begin developing the large 8-acre lawn area City $170,000 near Pueblo Blvd., raised the surface level throughout Phase HUD/ EDI 240,000 II by three feet to get above the existing soils that are high in Black Hills 650,000 salinity, developed a 175 vehicle (gravel) parking area,and PPAL 250,000 installed a number of shade trees. *TOTAL $1,310,000 *Note-Amounts are rounded. Phase III Description City/Partners Funding In 2013,City storm water department begin dredging the City(in-kind) $400,000 edge of the lake to improve water quality. Initiated an effort City(BOWW 1,100,000 to control the invasive plant materials. BOWW fronted reimbursement) $1.1M cost to install a pipeline from St. Charles Reservoir Fountain Crk. 70,000 No. 2 to Lake Minnequa in order to maintain a sufficient Watershed Dist. water level and improve water quality. The was obligated to (in-kind) reimburse the BOWW within a 3-year period. Also beginning in 2016, the City begin filling in the park site anticipating Phase IV(current project funded by County's 1A funds).The Fountain Creek dredging project hauled approx. 20,000 cubic yards to this site for the field expansion. Throughout 2018,the City Park's Dept. has been grading the site in preparation of the lA funding for Phase IV. *TOTAL $1,570,000 *Note-Amounts are rounded. January 25, 2019 AMENDMENT TO THE INTERGOVERNMENAL AGREEMENT THIS AMENDMENT is entered and is effective this / Say of February 2022, ("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, the Parties entered into an Intergovernmental Agreement dated May 28, 2019(the"Agreement")whereby the County agreed to provide funding to the City of Pueblo from Pueblo County's 2016 Ballot Question IA Capital Improvement Program for construction improvements to the City of Pueblo Lake Minnequa Improvements Project (" Project"); and WHEREAS, in Section 2 of said Intergovernmental Agreement, it states 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; and WHEREAS,the City of Pueblo has requested a time extension for the completion of the Lake Minnequa Improvements project through April 30, 2022, to allow for completion of the park shelter installation; and WHEREAS,the County agrees to grant the time extension to April 30, 2022,to allow the City to complete all work and close out all contracts for the Project; and WHEREAS, the Parties desire to enter an Amendment to the Intergovernmental Agreement to extend the term of the Intergovernmental Agreement to expire on April 30, 2022, for said purpose. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the Parties agree to amend the Intergovernmental Agreement as follows: 1. Section 2. TERM AND TERMINATION is amended to read as follows: The term of this Agreement shall begin on the Effective Date and, unless sooner terminated as provided herein, shall expire on April 30, 2022. 2. Except as is expressly set forth in this Amendment, all of the terms and conditions of the original Intergovernmental Agreement shall remain in full force and effect and shall continue to bind the parties in accordance with the express terms thereof. IN WITNESS WHEREOF, the Parties have entered into this Amendment to the Intergovernmental Agreement and is effective as of on the above referenced date. 1 ATTEST: COUNT F PUEBLO 2 Clerk to the Board Chair, Board of County Commissioners Date: (947'//49"' ATTEST: CITY OF PUEBLO By: S- "N By: Y Cit C Mayor Nicholas A. Gradisar Date: F.47 [ SEAL] APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: >. "11-ti4J Count Attorney City Attorney Cynthia Mitchell Daniel C. Kogovsek 2