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09612
ORDINANCE NO. 9612 AN ORDINANCE AUTHORIZING THE TRANSFER OF $347,000 FROM THE CONSERVATION TRUST FUND BALANCE AND BUDGETING AND APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $1,585,500 INTO PL1703, TRAIL CONSTRUCTION-ARKANSAS RIVER LEVEE PROJECT, APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND WITH RESPECT TO SAID PROJECT, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO CONSERVANCY DISTRICT WITH RESPECT TO SAID PROJECT AND GRANT AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the Great Outdoors Colorado Trust Fund has offered funds through the Connect Initiative to complete the Arkansas River Levee Trail Project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract between the City of Pueblo, a Colorado Municipal Corporation, and the Great Outdoors Colorado Trust Fund (hereinafter referred to as the “Contract”), a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Intergovernmental Agreement between the City of Pueblo, a Colorado Municipal Corporation, and Pueblo Conservancy District, (hereinafter referred to as the “IGA”), a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 3. The Mayor is authorized to execute and deliver the Contract and the IGA in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. Funds, in the amount of $1,238,500, awarded by the Great Outdoors Colorado Connect Initiative, Arkansas River Levee Trail Project and, if applicable partners, pursuant to the terms and conditions of the Contract are hereby budgeted and appropriated to Project No. PL1703, Trail Construction-Arkansas River Levee Project. SECTION 5. Funds in the amount of $347,000 are hereby transferred from the Conservation Trust Fund Balance into PL1703, and budgeted and appropriated for said Project. SECTION 6. 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 7. This Ordinance shall become effective immediately upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 25, 2019 . Final adoption of Ordinance by City Council on December 9, 2019 . President of City Council Action by the Mayor: ☒ Approved on December 10, 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-1 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 25, 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 AUTHORIZING THE TRANSFER OF $347,000 FROM THE CONSERVATION TRUST FUND BALANCE AND BUDGETING AND APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $1,585,500 INTO PL1703, TRAIL CONSTRUCTION-ARKANSAS RIVER LEVEE PROJECT, APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND WITH RESPECT TO SAID PROJECT, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO CONSERVANCY DISTRICT WITH RESPECT TO SAID PROJECT AND GRANT AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves a Great Outdoors Colorado (GOCO) Connect Initiative Grant Agreement between the City of Pueblo and GOCO. Approving an Intergovernmental Agreement (IGA) between the City of Pueblo and Pueblo Conservancy District (PCD) related to the construction of the Arkansas River Levee Trail Project. This Ordinance also transfers funds from the Conservation Trust Fund Balance in the amount of $347,000 into Project PL1703 and budgets and appropriates funds in the amount of $1,585,500 into PL1703. PREVIOUS COUNCIL ACTION: Ordinance 9130 approved a contract between the City of Pueblo and the Colorado Department of Local Affairs (DOLA), accepting matching grant funds from the PCD, establishing Project PL1703, and budgeting and appropriating funds contingent upon execution of the funding contract with the Colorado Department of Transportation (CDOT) for the Transportation Alternative Program (TAP). Ordinance 9168 approved a TAP Intergovernmental Agreement STE M086-077 (21985) between the City of Pueblo and CDOT; authorized the transfer of $125,000 from the Colorado Trust Fund Balance into PL1703; budgeted and appropriated $825,000 into PL1703, for the Arkansas River Levee Trail Construction. BACKGROUND: The Arkansas River Levee Trail Project began in 2017 with Ordinance 9130 establishing the Project and approving a contract between the City of Pueblo and PCD accepting matching funds and a grant from DOLA for the master planning and future trail construction. Additional CDOT, Transportation Alternatives funds were transferred into PL1703 with Ordinance 9168 for master planning and construction. The master planning for the Arkansas River Levee Recreation Projects is complete and the City is ready to begin construction of the Project. The Department of Planning and Community Development, in partnership with the PCD, has obtained a funding award in the amount of $1,238,500 from the GOCO Trust Fund Connect Initiative for the construction of the Arkansas River Levee Trail. Trail construction will focus on creating neighborhood connections from the Westside, Grove, and Blocks neighborhoods to the new Arkansas River Levee Trail. Construction will also include the addition of site amenities consisting of river access from the levee, seating, and a shade structure adjacent to the th Whitewater Park. Two new pedestrian bridges south of the 4 Street Bridge and Main Street Bridge will connect the existing Arkansas River Trail to the new levee trail. The proposed levee trail will be an addition to the 25-mile Pueblo River Trails System and the Colorado Front Range Trail corridor. FINANCIAL IMPLICATIONS: The total Project budget, PL1703 will be funded through the following sources: GOCO Connect Initiative Funds $ 1,238,500.00 PCD in-kind match $ 1,529,600.00 City of Pueblo Conservation Trust Fund Balance $ 347,000.00 Colorado Department of Transportation TAP and City match (budgeted pursuant to Ordinance 9168) $ 634,327.00 Department of Local Affairs-(award date December 2019) $ 615,673.00 $ 4,365,100.00 BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: The Pueblo Conservancy District, local recreation groups and citizens participated in the master planning process and have been active participants in the GOCO Connect Initiative process. ALTERNATIVES: The Project will not move forward if it is not funded. RECOMMENDATIONS: Approval of the Ordinance. Attachments: Proposed Ordinance GOCO Grant Agreement with Exhibits A-D IGA-City of Pueblo and Pueblo Conservancy District DocuSign Envelope ID:7F39E0ED-F2E1-404F-9660-DA590A57AF7F Amended as of 12/05/19 GRANT AGREEMENT Project Name: Pueblo Arkansas River Levee Trail Project Project Completion Date: September 27, 2022 Great Outdoors Colorado Contract No.: 20802 PARTIES TO AGREEMENT Board/GOCO: The State Board of the Great Outdoors Colorado Trust Fund Address: 1900 Grant Street, Suite 725 Denver, CO 80203 Telephone: (303) 226-4520 Contact name: Matt Brady Grantee: City of Pueblo Address: 211 East D Street, Pueblo, CO 81003 Contact name: Beritt Odom Date: November 27, 2019 EXHIBITS Exhibit A Project Summary Exhibit B Resolution Exhibit C Approved Budget Exhibit D Intergovernmental (or other) Agreement(if required) Page 1 of 14 Updated 1/2019 DocuSign Envelope ID:7F39E0ED-F2E1-404F-9660-DA590A57AF7F RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund ("GOCO"or"Board") is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the state's parks, wildlife, open space, and recreational resources. B. In 1994, GOCO created a statewide grant program pursuant to which eligible entities could apply for grants for local government parks and outdoor recreation projects. Grantee listed above ("Grantee") submitted a detailed project application ("Project Application") that contemplates the execution of the project entitled above and described in GOCO's project summary ("Project Summary"), attached and incorporated as Exhibit A ("Project"). GOCO approved Grantee's Project Application, which is incorporated into this Agreement by reference, on September 27, 2019, subject to the execution of a detailed grant agreement. GOCO and Grantee each have on file a copy of the Project Application. C. The parties intend this agreement to be the detailed grant agreement required by GOCO ("Agreement"). AGREEMENT NOW, THEREFORE, in consideration of the parties' mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: SECTION 1 —PROJECT 1. Incorporation of Recitals. The Recitals set forth above are incorporated into this Agreement. 2. Representations and Warranties of Grantee. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. Grantee's governing body has authorized entering into this Agreement as evidenced by the resolution attached and incorporated as Exhibit B. 3. Grant and Project. GOCO awards to Grantee a grant in the amount not to exceed $1,238,500.00 ("Grant"), subject to the terms and conditions set forth in this Agreement. The Grant shall be used by Grantee solely to complete the Project in substantial conformity with the final plans, specifications, designs, and uses approved by GOCO. In the event of a conflict between the Project Application and the Project Summary, the parties shall resolve the conflict by mutual agreement. 4. Project Scope. Grantee shall not materially modify the Project without the prior written approval of the Executive Director of GOCO ("Executive Director") or the Executive Director's designee, such approval to be in GOCO's sole discretion. Any material modification to the Page 2 of 14 Updated 1/2019 DocuSign Envelope ID:7F39E0ED-F2E 1-404F-9660-DA590A57AF7F Project undertaken without GOCO's prior written consent may be deemed a breach of this Agreement, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as approved by the Board, Grantee will promptly so advise the Board and cooperate in good faith to seek a resolution before any further funds are advanced. 5. Grantee Efforts. Grantee agrees to use its best efforts to complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the Project. 6. Approved Budget. Grantee has completed a detailed budget that reflects all anticipated sources and uses of funds for the Project, including a detailed accounting of Grantee's anticipated direct costs associated with the Project, a copy of which is attached and incorporated as Exhibit C ("Budget"). Eligible costs are described in Paragraph 10 of this Agreement. The Project Application contains a budget that may not match the approved version attached as Exhibit C and which, therefore, shall not be relied upon by GOCO or Grantee. Where discrepancies exist, the approved Budget in Exhibit C shall control until such time as GOCO approves the final version. 7. Property Ownership. Grantee warrants that it has entered into an intergovernmental agreement ("IGA") with the Pueblo Conservancy District ("District"). A copy of the IGA is attached hereto, labelled Exhibit D and incorporated herein. Grantee further warrants that it has received a Grant of Easement and Rights of Way for properties on which the Project is to be located (the "Property"). Pursuant to the 1GA and said Easement, Grantee shall have sufficient access and control of the Property for the useful life of the Project. Pursuant to the IGA, District warrants that it has good and sufficient title to the Property and that there are no liens or encumbrances against the Property and that the District has been in possession and control of the Property since 1925. District shall provide GOCO with the historical documents creating the District and condemning the Property pursuant to Court Order, which is the only evidence of title the District currently has in its possession and control. 8. Waiver. Prior to the disbursement of funds, the Executive Director in his or her discretion may waive certain conditions set forth in this Agreement. Anything else to the contrary notwithstanding, the exercise by GOCO staff("Staff'), the Executive Director, or GOCO of any right or discretion reserved to them under this Agreement shall not be deemed a waiver. Furthermore, no waiver by them under this Agreement shall constitute a waiver of any other requirements, actions, or conditions, nor shall any waiver granted be deemed a continuing waiver. No waiver by the Staff, the Executive Director, or GOCO shall be effective unless in writing executed by them. Additionally, any failure by the Staff, the Executive Director, or GOCO to take any actions as set forth in this Agreement shall have no legal effect on the contractual duties of Grantee. Further, no waiver with respect to this Project, Grant, or Agreement shall constitute a waiver in any other GOCO-funded project. 9. Project Operation and Maintenance. A. Subject to annual appropriations, Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for the purposes specified and for the useful life of the Page 3 of 14 Updated 1/2019 DocuSign Envelope ID:7F39E0ED-F2E1-404F-9660-DA590A57AF7F Project stated in the Project Application, in accordance with product warranties and/or the generally accepted standards in the parks/recreation community. Grantee has estimated a useful life of 15 years in the Project Application. Grantee also shall provide and maintain access to the Project and to the Property, regardless of the Property's ownership. Failure to comply with this paragraph may be deemed a breach by Grantee under Paragraph 20 below. B. GOCO shall not be liable for any cost of maintenance, management, or operation of the Project. C. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with adequate records reflecting the operating and maintenance costs of the Project and provide the Board with such other information concerning the use of the Project by the public and the impact of the Project. D. Grantee's staff shall request during the Grantee's annual budget process an appropriation sufficient to meet the financial obligations of Grantee under this Agreement. Grantee will use its best efforts to fully consider such appropriation. The parties understand that the Board is relying upon fair and full consideration of annual appropriation in its decision to extend its resources and the Grant and to enter into this Agreement. In the event that Grantee fails to appropriate sufficient funds to meet the obligations of this Agreement, Grantee shall provide notice to the Board of the specific reason(s) for any decision not to appropriate funding. Grantee's staff shall notify the Board of any recommendation not to fund or to partially fund the annual appropriation necessary to fulfill Grantee's obligations under this Agreement. 10. Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable public access to the Project for the term specified in Paragraph 8.A. Grantee may temporarily close such public access for construction, maintenance, emergency situations, or other reasonable purposes. 11. Insurance. Grantee shall maintain general liability insurance or self-insure for the entire period of the Project for protection in the event of injury and/or damage. The insurance limits shall not be less than $1,000,000 per occurrence and $2,000,000 aggregate. If the Grantee contracts with another organization to complete the Project, it is the responsibility of the Grantee to ensure its contractor carries insurance that fulfills this requirement. 12. Future Funding. This Agreement and the Grant only apply to the Project specifically described in this Agreement. GOCO makes no representations regarding future funding for future phases of the Project, whether or not described in the Project Application, Project Summary, or otherwise. SECTION 2 —GRANT PAYMENT 13. Eligible Costs. The Grant and all matching funds shall be used only for the cost of fixed assets, including construction of new facilities and enlargement or renovation of existing facilities; these costs are eligible for reimbursement on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc.). The Grant and all Page 4 of 14 Updated 1/2019 DocuSign Envelope ID:7F39E0ED-F2E1-404F-9660-DA590A57AF7F matching funds may not be used to pay for maintenance costs, administrative costs (such as salaries associated with administering the Grant, office supplies, telephone, or travel expenses), non-fixed assets (such as athletic or maintenance equipment), or any other costs deemed to be ineligible by the Board, at the Board's sole discretion. 14. Payment of Grant. A. Progress Payment. Grantee may opt to receive a portion of the Grant after starting but prior to completing work on the Project("Progress Payment"). Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date ("Progress Report"). The Progress Report must be submitted using GOCO's Progress Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making a Progress Payment. A Progress Payment shall not exceed 50%of the Grant or the maximum percentage of funds GOCO can expend for the project to date based on the program's matching requirements, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been made. B. Final Payment. Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project and its completion ("Final Report"). The Project is "complete" when all facilities, trails, or other improvements included in the GOCO-approved Project scope have been built and are ready for their intended use. The Final Report must be submitted using GOCO's Final Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO's review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant ("Final Payment"), subject to any reductions contemplated by any provision of this Agreement. C. GOCO Review. GOCO shall have 30 days to review any Progress Report and Final Report and respond to Grantee. D. Waivers of Liens and Claims. GOCO may, in its discretion, depending on the nature of the Project, require documentation of mechanics' lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. E. Modifications. Payment of the Grant is subject to the Project being completed with no material modifications made, except as otherwise agreed to in advance by GOCO in accordance with this Agreement. The Grant will not be increased, but GOCO may reduce the Grant if the Project changes in any way that GOCO deems material. "Material modifications" may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the size or number of recreational development components to be constructed, changes to the nature of the recreational development components to be constructed, or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. Page 5of14 Updated 1/2019 DocuSign Envelope ID:7F39E0ED-F2E1-404F-9660-DA590A57AF7F F. Net Lottery Proceeds. Payment of the Grant is also subject to GOCO's determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable, including but not limited to adequate reserves, funding requirements, and/or commitments for other past, current, and future grants, and past, current, and future GOCO operating expenses and budgetary needs. 15. Withdrawal of GOCO Funding; Termination of Agreement. Anything in this Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that: A. Altered Expectations. Facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Project or the Grant as approved by GOCO infeasible or impractical; B. Material Project Changes. Material changes in the scope or nature of the Project have occurred from that which was presented in the Project Application, approved by GOCO and reflected in the Project Summary, without prior written approval of the Executive Director; C. Inaccuracies. Any statement or representation made or information provided by Grantee in the Project Application, this Agreement, the Progress Report, the Final Report, or otherwise is untrue, inaccurate, or incomplete in any material respect; D. Reporting. The results of GOCO's review of the Progress Report or the Final Report are not acceptable to GOCO; E. Conditions Precedent Not Fulfilled or Unsatisfactory. Any of the conditions precedent to funding listed in Section 3 below is not fulfilled by Grantee or is unsatisfactory to GOCO, in its sole discretion; F. Delays. The Project will not or cannot be completed by the Completion Date or any extensions granted, or delays in the implementation of the Project have occurred that make the Project impracticable in the Board's judgment; G. Costs. The Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or Grantee's matching funding are reduced; or H. Property. Title to or encumbrances against the Property are or become such that Grantee is unable to complete the Project, or the Project and/or the Property are or become unavailable for public use. Page 6 of 14 Updated 1/2019 DocuSign Envelope ID:7F39E0ED-F2E1-404F-9660-DA590A57AF7F SECTION 3—CONDITIONS PRECEDENT 16. Completion Date. Grantee shall complete the Project and submit its Final Report no later than September 27, 2022 ("Completion Date"), which is 36 months after the date of GOCO's approval of the Project. Grantee may request an extension of the Completion Date in compliance with GOCO's Overdue Grants procedure, as may be amended from time to time by GOCO in its sole discretion. GOCO may elect to terminate this Agreement and deauthorize the Grant in the event this Completion Date is not met and/or Grantee fails to comply with the Overdue Grants procedure. 17. Conditions Precedent to Funding. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Grant is expressly conditioned upon Grantee's fulfillment of all terms and conditions of this Agreement to GOCO's satisfaction in its sole discretion, including but not limited to the following: A. Matching Funds. Matching funds in the minimum amount required by GOCO policy or procedure and as set forth in the approved Budget, or as modified and approved in compliance with GOCO procedures, must have been received by Grantee, or the status of efforts to secure matching funding was disclosed and has been deemed satisfactory by Staff. Grantee shall provide evidence of matching funds as GOCO may require in its reasonable discretion. B. GOCO Policies and Procedures. The Project must comply with all of GOCO's policies and procedures, which may be amended from time to time by GOCO in its sole discretion, and must meet any special Board conditions as listed in the attached Project Summary (Exhibit A). SECTION 4—OTHER PROVISIONS 18. Publicity and Project Information. GOCO has the right and must be provided the opportunity to use information gained from the Project; therefore, Grantee shall acknowledge GOCO funding in all news releases and other publicity issued by Grantee concerning the Project. If any events are planned in relationship to the Project, GOCO shall be acknowledged as a contributor in the invitation for the event. GOCO shall be notified of any such events 30 days in advance. Grantee shall cooperate with GOCO in preparing public information pieces, providing access to the Property for publicity purposes, and providing photos or other imagery of the Project from time to time, which GOCO reserves the right to use and duplicate in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre-approval from Grantee. Grantee shall give timely notice of the Project, its inauguration, significance, and completion to the local members of the Colorado General Assembly and members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. 19. Signage. Grantee shall erect one or more signs at a prominent location(s) on the Project site acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO Page 7 of 14 Updated 1/2019 DocuSign Envelope ID:7F39E0ED-F2E1-404F-9660-DA590A57AF7F will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible samples of its logo to Grantee for custom signs. GOCO shall approve in advance the design of any permanent sign materially varying from the signs provided by GOCO. To obtain such approval, Grantee shall submit to GOCO plans describing the number, design, placement, and wording of signs and placards prior to completion of the Project. The Board may withhold Final Payment pending evidence of placement of permanent signage. 20. Liability. A. Indemnity. To the extent allowed by law, Grantee shall be responsible for and shall indemnify, defend, and hold harmless GOCO, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs (including reasonable attorneys' fees) resulting from, growing out of, or in any way connected with or incident to Grantee's performance of this Agreement. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, GOCO, its members, officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner of the Project and the Property upon which it is located, or has control of the Project and the Property, and that GOCO neither possesses nor controls the Project, the Property, nor the operations of the Project. B. No CGIA Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protections provided to GOCO under the Colorado Governmental Immunity Act as amended or as may be amended in the future (including without limitation any amendments to such statute, or under any similar statute that is subsequently enacted) ("CGIA"). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. GOCO and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of GOCO, its members, officials, agents, and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of GOCO, its members, officers, agents, and employees. C. Compliance with Regulatory Requirements and Federal and State Mandates. Grantee assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination; worker safety; local labor preferences; preferred vendor programs; equal employment opportunity; use of competitive bidding; permits; approvals; local, state, and federal regulations and environmental laws; and other similar requirements. To the maximum extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless GOCO, Executive Director, and Staff from any cost, expense, or liability for any failure to comply with any such applicable requirements. D. Nondiscrimination. During the performance of this Agreement, Grantee and its contractors, subcontractors, and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical Page 8 of 14 Updated 1/2019 DocuSign Envelope ID:7F39E0ED-F2E1-404F-9660-DA590A57AF7F handicap, medical condition, marital status, age, sex, or any other basis prohibited by local, state, or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Further, Grantee and anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting access and use of the Project. 21. Audits and Accounting Records. Grantee shall maintain standard financial accounts, documents, and records relating to the use, management, operation, and maintenance of the Project. Grantee shall retain the accounts, documents, and records related to the Project for five years following the date of disbursement by GOCO of the Grant funds, and they shall be subject to examination and audit by GOCO or its designated agent during this period. While Grantee is not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the required records under this Agreement. 22. Inspection. Throughout the term of this Agreement, GOCO shall have the right to inspect the Project to ascertain compliance with this Agreement. 23. Breach. In addition to other remedies available at law or in equity, in the event that Grantee breaches any of the terms or conditions of this Agreement, GOCO shall have the following non-exclusive remedies: A. Prior to Payment of Grant. GOCO reserves the right to withdraw funding, terminate this Agreement, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. B. After Any Payment of Grant. GOCO reserves the right to seek specific performance of Grantee's obligations under this Agreement, receive reimbursement in full of any disbursements made under the Grant, including in the event that Grantee does not fulfill its obligations under Paragraph 8 due to lack of annual appropriations, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. In the event GOCO must pursue any remedy under this Agreement and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. 24. GOCO Policies and Procedures. With regard to all named GOCO policies and procedures referenced in this Agreement, Grantee acknowledges it has received a copy of the policies and procedures or otherwise has access to the documents in connection with this Agreement and is familiar with their requirements. 25. Miscellaneous Provisions. A. Good Faith. Both parties have an obligation of good faith, including the obligation to make timely communication of information that may reasonably be believed to be of interest to the other party. Page 9 of 14 Updated 1/2019 DocuSign Envelope ID:7F39E0ED-F2E1-404F-9660-DA590A57AF7F B. Assignment. Grantee may not assign its rights or delegate its obligations under this Agreement without the express written consent of the Executive Director, who has the sole discretion to withhold consent to assign. Any assignment shall require that, at a minimum, the assignee is eligible to receive grants from the Board and assumes Grantee's ongoing obligations under this Agreement. C. Applicable Law. Colorado law applies to the interpretation and enforcement of this Agreement. Venue for any dispute under this Agreement shall lie exclusively in the state courts of the City and County of Denver. D. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee, or other relationship between the parties other than independent contracting parties. Except as permitted under the remedies provisions of this Agreement, neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party. E. Status of Grantee. The parties acknowledge that GOCO lacks the power and right to direct the actions of Grantee. Grantee acts in its separate capacity and not as an officer, employee, or agent of GOCO or the State of Colorado. F. Time is of the Essence. Time is of the essence in this Agreement. G. Survival. The terms and conditions of this Agreement, including but not limited to Grantee's obligations, shall survive the funding of the Grant and the completion of the Project. H. Fax and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement made electronically and transmitted electronically or by facsimile as if they were original signatures. I. Third-Party Beneficiary. GOCO and Grantee acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between GOCO and Grantee and that no third-party beneficiaries are intended. J. Notice. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement. K. Construction; Severability. Each party has reviewed this Agreement, and therefore any rules of construction requiring that ambiguities be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. If any provision of this Agreement is declared void or Page 10 of 14 Updated 1/2019 DocuSign Envelope ID:7F39E0ED-F2E1-404F-9660-DA590A57AF7F unenforceable, it shall be deemed severed from this Agreement, and the balance of this Agreement shall otherwise remain in full force and effect. L. Entire Agreement. Except as expressly provided, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made in writing and signed by the parties to this Agreement. M. Termination of the Board. If Article XXVII of the Colorado Constitution, which established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another entity, the rights and obligations of GOCO under this Agreement shall be assigned to and assumed by such other entity as provided by law, but, in the absence of such direction, by the Colorado Department of Natural Resources or its successor. IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Agreement effective as of . STATE BOARD OF THE GREAT GRANTEE: OUTDOORS COLORADO TRUST FUND City of Pueblo • By: r .I By. Nicholas A. Gra ar Title: Mayor Chris Castilian Executive Director *NOTE* Signee should be the same individual authorized to sign the grant GOCO Program Staff: agreement per Grantee's resolution Route Grant Agreement to Executi - ' -ctor for signature: Page 11 of 14 Updated 1/2019 DocuSign Envelope ID A5A4098B-B438-424C-97EA-530D872A4A14 Exhibit A Project Summary Rank: 4 Overall Score:87.5 GOCO Staff Score:87.5 Reviewer Average: 87.5 Applicant: City of Pueblo Project Title: Pueblo Arkansas River Levee Trail Project County: Pueblo Log#: 20802 Funding Summary: Applicant Funding $1,597,000 Partner(s) Funding $1,529,600 GOCO Grant Amount $1,238,500 Total Project Cost $4,365,100 Project Description: The City of Pueblo will partner with the Pueblo Conservancy District to develop a trail and trail amenities within the newly redeveloped levee corridor along the north/northeast bank of the Arkansas River along with two new pedestrian bridges to connect with existing park and trail infrastructure on the south/southwest bank.The new bridge connections combined with the cantilevered trail structures under Interstate 25 and Santa Fe Ave will provide river and trail access to Pueblo's currently disconnected lower westside neighborhood. This project takes advantage of the levee redevelopment to provide a new recreational and social destination for Pueblo residents and visitors in a previously less-hospitable environment atop the historic levee. Staff and Peer Reviewer Comments: This project will create a community amenity out of a site that offered little public benefit and literally and figurately disconnected various Pueblo neighborhoods.With the redevelopment of the levee comes an opportunity to connect Pueblo and its visitors to the Arkansas River. Establishing connections to underserved neighborhoods is an essential element of this project. Several large neighborhoods exist within walking distance of the river but the current levee and highway infrastructure does not allow access. In-river recreation is burgeoning statewide and this project has the potential to expose more people and more communities to this form of recreation while reimagining the river as a destination. I like the recreational component to the already existing urban infrastructure as that will lessen the impact for wildlife habitat impacts. It will also allow connections to underserved neighborhoods that have not been previously been made. Developing the trail and trail infrastructure in an already impacted corridor helps alleviate wildlife impacts that could otherwise halt progress.Compelling that all permits are already in-hand and there is significant community buy-in as evidenced by the level of local match committed. EXHIBIT B Resolution Page 12 of 14 Updated 1/2019 EXHIBIT B RESOLUTION NO. 14240 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO SUBMIT A GRANT APPLICATION FOR THE 2019 CONNECT INITIATIVE FOR THE ARKANSAS RIVER LEVEE TRAIL PROJECT TO THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, City Council supports and authorizes the City of Pueblo to submit a grant application for the Arkansas River Levee Trail Connect Initiative for the purposes of constructing a trail on top of the Arkansas River Levee and multiple neighborhood connections to the new Levee Trail; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Mayor is hereby authorized to execute and deliver the grant application for the Arkansas River Levee Trail Connect Initiative on behalf of the City of Pueblo, to the State Board of the Great Outdoors Colorado Trust Fund, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 2. The City of Pueblo is requesting a total of$2,000,000 in Great Outdoors Colorado funds for the Arkansas River Levee Trail Project. The City will be providing $375,000 in Conservation Trust Funds and $500,000 of Colorado Department of Transportation, Transportation Alternative funds for the project. The City will apply to the Department of Local Affairs Energy and Mineral Impact Fund for the remaining $444,700.00. Pueblo Conservancy District will provide $2,074,600 in-kind matching funds for the Project. The total project cost for the Arkansas River Levee Trail Connect Initiative is $5,394,300. SECTION 3. A copy of the grant will be on file at the City of Pueblo's Department of Planning and Community Development. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Resolution to implement the policies and procedures described herein. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED July 8, 2019 BY: Ed Brown ME :E' : CITY COUNCIL � r APPROVE:. PR *IP. NT OF CITY COUNCIL ATTESTED BY.LQal::l.(% )�Yvv CITY CLERK ORDINANCE NO. 9612 AN ORDINANCE AUTHORIZING THE TRANSFER OF $347,000 FROM THE CONSERVATION TRUST FUND BALANCE AND BUDGETING AND APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $1,585,500 INTO PL1703, TRAIL CONSTRUCTION-ARKANSAS RIVER LEVEE PROJECT, APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND WITH RESPECT TO SAID PROJECT, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO CONSERVANCY DISTRICT WITH RESPECT TO SAID PROJECT AND GRANT AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the Great Outdoors Colorado Trust Fund has offered funds through the Connect Initiative to complete the Arkansas River Levee Trail Project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract between the City of Pueblo, a Colorado Municipal Corporation, and the Great Outdoors Colorado Trust Fund (hereinafter referred to as the "Contract"), a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Intergovernmental Agreement between the City of Pueblo, a Colorado Municipal Corporation, and Pueblo Conservancy District, (hereinafter referred to as the"IGA"), a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 3. The Mayor is authorized to execute and deliver the Contract and the IGA in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. Funds, in the amount of $1,238,500, awarded by the Great Outdoors Colorado Connect Initiative, Arkansas River Levee Trail Project and, if applicable partners, pursuant to the terms and conditions of the Contract are hereby budgeted and appropriated to Project No. PL1703, Trail Construction-Arkansas River Levee Project. SECTION 5. Funds in the amount of$347,000 are hereby transferred from the Conservation Trust Fund Balance into PL1703, and budgeted and appropriated for said Project. SECTION 6. 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 7. This Ordinance shall become effective immediately upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 25, 2019 . Final adoption of Ordinance by City Council on Dece ber ,, 2019 . Presi•ent o'City Council Action by the Mayor: 1111 Approved on /2./4.„1017 . ❑ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: O Council did not act to override the Mayor's veto. O Ordinance re-adopted on a vote of , on O Council action on failed to override the Mayor's veto. President of City Council ATTEST 4)(-Lilaa. VMA-AC--) )1/4,/ City Clerk EXHIBIT C Approved Budget Page 13 of 14 Updated 1/2019 . . . . \ ` 11111 � ' ' 2 } , :02 \ } . ~ } e� - - 0' &tii - - © ; - _ ( . ) \ \ % . . } \ - ,-s � fm A § ° : 3 1/ \ j $ \ \ \ . . Ii \ 2 ` _ lIIHOiIIIIIIL ■ L[/ U . , iIhbIHiIi / -111 § ,(© j .J I ' '`44\ / \ . pu 1 ( ® _ ( �za� i m & C.1 4 \ I k ; , ■ _ { � _ \ / / k KC 0 \1111111111111111 \ ) k )\ § j E E \7 § ) f E § k / I § S EXHIBIT D Intergovernmental (or other) Agreement (if required) Page 14 of 14 Updated 1/2019 Amended as of 12/5/2019 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into as of the fday of e ; , 2019, by and between the Pueblo Conservancy District, a Colorado conservancy district established under the Conservancy Law of Colorado, hereinafter referred to as "District" and Pueblo, a Municipal Corporation, hereinafter referred to as the "City". Together these entities may be referred to herein as the "Parties" or each individually as a"Party". RECITALS A. This Agreement is entered into pursuant to Sections 18(2)(a) and (b) of Art. XIV of the Colorado Constitution and §29-1-203, C.R.S.. Each of the parties is a political subdivision of the State of Colorado within the meaning of section 29-1-202(2), C.R.S. (2010), and therefore, each is a government within the meaning of section 29-1-202(1), C.R.S. (2010). B. The District was formed after the 1921 Pueblo Flood for the principal purpose of providing flood protection in a portion of the City of Pueblo. In furtherance of said purpose, it has constructed and has since maintained the so-called "Pueblo Conservancy District Levee" (the "Levee"). C. City is a Colorado home rule city organized and existing under and by virtue of Article XX of the Colorado Constitution. D. The City in cooperation with the District applied for a Great Outdoor Colorado grant for the Arkansas River Levee Trail Project. Each Party will benefit by the creation of a public non-motorized transportation improvement as part of the reconstruction of the Levee and as contemplated by the grant. E. As a condition precedent to City's acceptance of said grant, the Parties are entering this Agreement. The Parties expressly acknowledge that without this Agreement, the City would not consider acceptance of the grant nor approval of the related grant agreement. The District's obligations under this Agreement are conditioned upon execution of said grant. AGREEMENT NOW, THEREFORE, in consideration of the. foregoing recitals and the terms and conditions set forth herein,the parties hereto do mutually agree as follows: Article 1. Definitions. 1.1 As used in this Agreement,the following words shall have the following meanings: "GOCO"shall mean State Board of the Great Outdoors Colorado Trust Fund, a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution. "Grant Agreement"shall mean the grant agreement to be executed between the City and GOCO for Project Name:Pueblo Arkansas River Levee Trail Project. A draft form of said agreement is attached hereto,labelled Exhibit 1 and incorporated herein. "In-Kind Improvements"shall mean those improvements to be constructed and paid for by the District in the total budgeted amount of$1,529,600 as identified in the Reduced Scope Budget as shown on Exhibit C to the Grant Agreement and includes improvements constructed into the Levee face("Levee Improvements") which include the exit ledge,viewing/safety ledge,maintenance road under the bridges by way of example. "Joint Improvements"shall mean the improvements identified as"Concrete Trail 12-FT wide(Core Area adjacent to Whitewater Park)","Pedestrian/Emergency Access Bridge 4th Street"and"Levee Trail Connection(Grove)"as identified in Exhibit C to the Grant Agreement. "Project"and"Property"shall have the same meaning as such term has under the Grant Agreement. "Project Improvements"shall mean all improvements contemplated by the Grant Agreement. Article 2. District's Contribution. 2.1 The District shall construct the In-Kind Improvements. The District shall bear, and the City shall have no liability for,all costs and expenses of such construction. The District shall appropriate and apply toward payment of the cost of constructing the In-Kind Improvements,funds in the amount of$1,529,600. 2.2 The District shall construct the Joint Improvements in accordance with plans and specifications approved by City and provided to the District in a timely manner to avoid construction delays. The City shall reimburse the District for the costs and expenses incurred by District and necessary for construction and completion of the Joint Improvements;provided, however, in no event shall City be obligated to pay more than$900,000 for construction and completion of the Joint Improvements,which amount excludes the costs of the purchase of the Access Bridge 4th Street,which will be procured by City. Any request for reimbursement shall be submitted to the Director of City's Department of Parks and Recreation and shall outline the work performed and the cost of same. Thereafter,City shall pay District for the amount of the application within 30 days of the date of receipt of the request for reimbursement. Failure to pay the District within said time shall require the City to pay to the District interest at 18%per annum from the date payment was due until paid together with any reasonable attorney fees the District may incur in collecting any such payments due the District from the City. The District represents that it does not have the cash reserves to fund the Joint Improvements without being paid for same within 30 days of being billed for same. 2.3 The Parties stipulate, acknowledge and agree that the commencement of the work to construct the Joint Improvements shall not occur prior to the effective date of the Grant Agreement and approval of the Grant Agreement by City. 2.4 The District shall be responsible to the City for any claim which relates to the construction of the Joint Improvements provided the District is given timely notice of the claim and an opportunity to correct any claimed deficiency. Provided the City provides the District the plans and specs for the bridge which is part of the Joint Improvements in a timely manner, and then the City procures and delivers to the site the bridge in a manner that does not delay the District's contractor work on the In Kind Improvements, the District shall be liable to City for all costs and expenses incurred by City to perform any part or all of the Joint Improvements for which District fails to perform in a timely manner. In addition, it is expressly agreed that if GOCO grant funds are not paid to City pursuant to the Grant Agreement based upon any failure of District to perform the In-Kind Improvements which failure by the District was not caused in any way by the City, District shall reimburse City in full for all amounts advanced or paid by City pursuant to the Grant Agreement which are not reimbursed to City by GOCO. 2.5 The District shall cooperate with City and provide any and all assistance to City reasonably necessary to obtain grant payments including progress payments under the Grant Agreement including but not limited to preparation of Progress Report, Final Report, documentation of waivers of liens and claims. 2.6 District warrants that it has good and sufficient title to the Property and that there are no liens or encumbrances against the Property and that the District has been in possession and control of the Property since 1925. District shall provide GOCO with the historical documents creating the District and condemning the Property pursuant to Court Order, which is the only evidence of title the District currently has in its possession and control. . 2.7 The Project Improvements other the Levee Improvements shall be owned by City. District shall take and perform any and all acts reasonably required by City in order for City to operate, manage and maintain the Project in a reasonable state of repair and for the purposes specified in the Project and to provide and maintain access to the Project and the Property. Nothing contained herein however shall limit or impair the District from maintaining the Levee Improvements which it has ultimate responsibility and liability for maintaining and owning. Article 3. Miscellaneous. 3.1 All notices and other communications that are required or permitted to be given to the Parties under this Agreement shall be sufficient in all respects if given in writing and delivered in person, by express courier, or by First Class U.S. Mail, postage prepaid. Notice delivered in person or by courier shall be effective upon such delivery; notice through U.S. Mail shall be effective three (3) days after deposit in the U.S. Mail. Notice shall be given to the receiving party at the following addresses: If to City: Mayor,City of Pueblo 1 City Hall Place 2nd Floor Pueblo CO 81003 with a copy to: City Attorney, City of Pueblo 1 City Hall Place 3rd Floor Pueblo CO 81003 If to District: Pueblo Conservancy District do Mr. Rick Kidd KiddEngineering,Inc. P.O.Box 234 Pueblo, CO 81002 with a copy to: Mr. Donald J.Banner P. O.Box 583 Pueblo, CO 81002 or to such address as such Party may have given to the other by notice pursuant to this paragraph. 3.2 This Agreement may not be assigned by either Party without the prior written consent of the other Party. Any attempted assignment in violation of this provision shall be void. 3.3 This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof. All prior or contemporaneous oral agreements and discussions among the Parties or their respective agents or representatives relating to the subject matter are merged into this Agreement. This Agreement may be altered, amended, or revoked only by an instrument in writing signed by the Parties. Email and all other electronic (including voice) communications from either Party in connection with this Agreement are for informational purposes only. No such communication is intended by any Party to constitute either an electronic record or an electronic signature, or to constitute any agreement by any Party to conduct a transaction by electronic means. Any such intention or agreement is hereby expressly disclaimed. 3.4 This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado. 3.5 The failure of either of the Parties to insist upon the strict performance of any provisions of this Agreement or to exercise any right, power, or remedy upon a breach thereof shall not constitute a waiver of that or any other provision of this Agreement or limit that Party's right thereafter to enforce any provision or exercise any right. 3.6 This Agreement is binding upon the Parties hereto and upon their respective legal representatives and successors. 3.7 The governing bodies of each of the Parties have authorized the execution of this Agreement by resolution or ordinance. 3.8 Each paragraph of this Agreement is intertwined with the others and is not severable unless by mutual consent of the Parties. 3.9 If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to any Party or as to all Parties, the Parties will immediately negotiate valid alternative portion(s) that as nearly as possible give effect to any stricken portion(s). 3.10 Nothing in this Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. IN WITNESS WHEREOF, the City and the District have executed this Agreement as of the date first above written. PUE O CONSERV NCY DISTRICT • TTEST: I %01 By • k llt- tary , resident of the Board PUEBLO, A MUNICIPAL CORPORATION ATTEST: --y� \--1 t9.Yi(t ( J' AkLJ By 2/00.44 City Clerk (`1 Mayor [ SEAL ]