Loading...
HomeMy WebLinkAbout09563 ORDINANCE NO. 9563 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 EASTSIDE PEDESTRIAN, PARKING AND STREETSCAPE IMPROVEMENTS, ESTABLISHING THE PROJECT NO. CI1914 BUDGETING AND APPROPRIATING $100,000.00 AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The 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 Eastside Pedestrian, Parking and Streetscape Improvements, a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. The Mayor 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. The Eastside Pedestrian, Parking and Streetscape Improvements Project, CI1914, is hereby established. SECTION 3. Funds in the amount of $100,000.00 shall be budgeted and appropriated to the Eastside Pedestrian, Parking and Streetscape Improvements Project, CI1914. SECTION 4. 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 5. 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 September 23, 2019 . Final adoption of Ordinance by City Council on October 15, 2019 . President of City Council Action by the Mayor: ☒ Approved on October 17, 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 City Clerk City Clerk’s Office Item # R-2 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: September 23, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting 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 EASTSIDE PEDESTRIAN, PARKING AND STREETSCAPE IMPROVEMENTS, ESTABLISHING THE PROJECT NO. CI1914 BUDGETING AND APPROPRIATING $100,000.00 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, establishes the Project No. CI1914, and budgets and appropriates $100,000.00 for the design phase of the Eastside Pedestrian, Parking and Streetscape Improvements Project. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Funds in the amount of $100,000.00 will be used for the design phase to identify and coordinate improvements for the Eastside of Pueblo. The eastside of the City is generally st identified as the area of Pueblo east of Fountain Creek, bounded by 1 Street on the south, U.S. Highway 50 Bypass on the east and north, and I-25/Fountain Creek on the west. The planning study will identify specific improvements and provide design and construction documents that support pedestrian activity, parking and enhance streetscaping on the Eastside. Following the completion of the design phase an amendment to the IGA in the amount of $900,000.00 will be provided for the construction of the improvements starting in 2020 and concluding in 2021. FINANCIAL IMPLICATIONS: Funding in the amount of $100,000.00 will be available for the design phase of the Project in 2019. Following the completion of the design phase, funding from the 2016 Ballot Question 1A Capital Improvement Program will provide $900,000 in 2020. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: None. ALTERNATIVES: Currently, there are no alternatives for completing the Project without the funding from the 2016 Ballot Question 1A Capital Improvement Program Project funds. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance Proposed Intergovernmental Agreement (IGA) EXECUTION COPY INTERGOVERNMENTAL AGREEMENT (East Side Pedestrian, Parking and Streetscape Improvements) w THIS AGREEMENT is entered and is effective this I t day of October, 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 1 A, 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 2018, including the East Side Pedestrian, Parking and Streetscape Project which consists of a research and planning study to identify specific improvements that support pedestrian activity, parking and enhance streetscaping for certain streets on the East Side of the City of Pueblo which neighborhood is more particularly identified as being bounded by 4th St./Colorado State Highway 96 on the South, U.S. Highway 50 on the East and North, and I-25/Fountain Creek on the West, as are to be more specifically identified by City, a design phase and thereafter the construction of specific improvements identified in the planning study and the design. The planning and design phase is hereinafter referred to as "Project"; and WHEREAS, the total fee estimated for the planning and design phase project is $100,000; the estimated cost of the construction improvements for the Project is $900,000 resulting in a total estimated cost for the entire project of$1,000,000; and, WHEREAS, Pueblo County desires to provide $100,000 from the 1 A funds for the Planning and Design Phase Project currently; and WHEREAS,the Parties anticipate and expect to enter into a subsequent Intergovernmental Agreement covering the balance needed for the construction of improvements but now desire to enter into this Agreement for the planning and design phase, hereinafter the "Project"; and Pueblo County desires to provide $100,000 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 EXECUTION COPY 1. SPECIFIC PROVISIONS: 1.1 The County agrees to provide the City an amount not to exceed $100,000 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 City must complete the Project in its entirety on or before December 7, 2021. 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 period specified. City further acknowledges and intends that County rely upon this representation and warranty. Notwithstanding the foregoing, Project completion is a precedent to further County funding of the costs of construction of the improvements which are the subject of this Project. 1.3 The City shall provide written quarterly updates to the County regarding the progress of the Project and shall include copies of invoices submitted to and paid by 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(s) at the project site indicating that the improvements are funded by County Ballot Question 1 A Funds. 1.4 Title to planning and design work product related to the Project shall vest in the City. 1.5 County received the proceeds from the issuance of debt on June 27, 2019. County will forward to City the Sum of$100,000 in calendar year 2019 in accordance with the further provisions of this Agreement. 1.6 Within a period not to exceed sixty (60) 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 thirty (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 period of time specified, County may, but shall not be required to, suspend or 2 EXECUTION COPY terminate this Agreement in order to redirect the funds to another project or projects in the CIP. 2. TERM AND TERMINATION: The term of this Agreement shall begin on the Effective Date and, unless sooner terminated as provided herein, it will terminate on December 27, 2021. 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. City staff will participate and contribute to the Project planning and design team. In addition, City shall, at its sole and separate expense, maintain and carry forward the work product upon completion of the Project. City may also pursue additional funding for all of the components of the Project through applications for grants from GoCo and/or the Colorado Department of Local Affairs. 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 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. 4.3 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. 4.4 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: Pueblo County Department of Budget and Finance Pueblo County Courthouse 215 West 10th Street Pueblo, CO 81003 3 EXECUTION COPY With a copy to: Pueblo County Attorney's Office Pueblo County Courthouse 215 West 10`h 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 the Parties. Nothing contained in the Agreement gives or allows any claim or right of action to any third person or entity 4 EXECUTION COPY 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 of the Project work product) 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 project elements 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. {SIGNATURE PAGE TO FOLLOW) 5 EXECUTION COPY IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement the day and year first written above. ATTEST: COUNTY OF PUEBLO ildg11) By: e� By: Clerk to the Board Chair, Board of County Commissioners Date: 4 • 0 9 ATTEST: CITY OF PUEBLO By:tLrid Jit By: l�N� i0,C�1Cp� City Clerk- Mayor Brenda Armijo Nicholas A. Gradisar Date: ac-rtv4 /9 tea/ [ SEAL] APPROVED AS TO FORM: APPROVED AS TO FORM: By: C . `�` 'I J`Q-�../ By: ›ovM. 'C Couity Attorney City Attorney- Cynthia Mitchell Daniel C. Kogovsek 6