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HomeMy WebLinkAbout09663ORDINANCE NO. 9663 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 FUNDS, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $250,000 TO THE SRDA – HVAC ADDITION PROJECT, PL1905 AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement (“IGA”) 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 SRDA – HVAC Addition Project, a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds in the amount of $250,000 are hereby budgeted and appropriated for the SRDA – HVAC Addition, Project PL1905. SECTION 3. The Mayor is authorized to execute and deliver 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. 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 IGA 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 February 10, 2020. Final adoption of Ordinance by City Council on February 24, 2020. President of City Council Action by the Mayor: ☒ Approved on February 26, 2020 . ☐ 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 # N-1 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 10, 2020 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 FUNDS, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $250,000 TO THE SRDA – HVAC ADDITION PROJECT, PL1905 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 and budgets and appropriates portions of such funds in the amount of $250,000 to the SRDA – HVAC Addition Project, PL1905. PREVIOUS COUNCIL ACTION: The 2019 City of Pueblo budget established and appropriated $575,000 for the SRDA Air Conditioning System Capital Improvements Project, CI1909. Ordinance 9550 established the SRDA – HVAC Addition Project, PL1905, accepted funds from SRDA in the amount of $50,000, budgeted and appropriated said funds for the Project and transferred funds in the amount of $575,000 from Capital Project No. CI1909 to PL1905. 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 in the amount of $250,000 from Pueblo County for the SRDA – HVAC Addition Project. The Senior Resource Development Agency (“SRDA”) has been located in the City-owned building at 230 North Union Avenue since 1994. The City is securing funding to pay for the replacement of the HVAC system. Maintenance costs for the system and the frequency of each repair continues to increase each year, causing ongoing budget expenses. In 2018, the City of Pueblo Public Works Department hired Weidner & Associates Architecture to create schematic drawings and a preliminary cost estimate. Given the size of the new air conditioning and heating units, it was determined that it was not possible to place them within the existing building and an addition to the building would be required. The SRDA Board of Directors has contributed $50,000 to the Project for design services. The SRDA will also be fundraising for the Project and has requested a grant on behalf of the City from the Department of Local Affairs for an additional $900,000 to complete the funding needed for the Project totaling 1.8 million dollars. FINANCIAL IMPLICATIONS: County funds in the amount of $250,000 from the IGA shall be budgeted and appropriated into Project, PL1905. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. 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: City-County IGA for the SRDA – HVAC Addition INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is entered into and is effective on this a11 day of February, 2020 ("Effective Date") between Pueblo County, a political subdivision of the State of Colorado, ("County") and the City of Pueblo, a Colorado Municipal Corporation and a Home-Rule Municipality ("City"), (collectively, the "Parties"). WITNESSETH: WHEREAS, on November 8, 2016 Pueblo County ("County") voters passed Ballot Question 1A, which allows the County to collect, retain and spend all revenue from all sources notwithstanding the limitations of Article X, Section 20 of the Colorado Constitution ("TABOR") or other law and utilize revenues from expiring Tax Incentive Agreements ("TIA") in the amount of approximately$66 million to fund an initial list of 20 specific community improvement projects, and a list of projects as modified or supplemented from time to time, now formally known as the Capital Improvement Program ("CIP"); and WHEREAS, Pueblo County conducted an analysis surrounding a proposed financing utilizing Certificates of Participation and the TIA revenues, and determined that financing is possible to support funding of several community improvement Projects in the CIP, including the Community Investment Grant Match Fund, which allows the County to leverage 1 A funds to support certain projects that require grant match funding whereby outside funding is secured through a third-party grant that requires a local funding match; and WHEREAS,the City is the owner of the real property and improvements located at 230 N. Union Ave. in Pueblo, Colorado. The building on the property is commonly known as the Joseph H. Edwards Senior Center("Facility"); and WHEREAS, since 1994, the City has leased, and continues to lease, the Facility to the Senior Resource Development Agency, Pueblo, Inc., ("SRDA"). SRDA is a local non-profit organization that provides programs and services that enhance the quality of life for senior citizens in Pueblo County. Many seniors in the community rely on SRDA to maintain an independent lifestyle and participate in programming at the Facility; and WHEREAS, under the terms of the Lease Agreement, the City is responsible for all mechanical systems and building maintenance. WHEREAS,the heating,ventilation, and air conditioning("HVAC") system at the Facility is six years past its life expectancy and needs to be replaced. The cost of replacing the HVAC system and necessary renovations to the building to accommodate the system (the "Project") are estimated to be $1,800,000; and WHEREAS, a grant opportunity for funding to assist with the Project is available through the Colorado Department of Local Affairs Energy/Mineral Impact Assistance Fund for an amount up to $1,000,000, however, a 50% grant match is required; and 1 WHEREAS, the City has grant matches from the Gates Family Foundation in the amount of$25,000, the City of Pueblo in the amount of$575,000, and the SRDA Board in the amount of $50,000; and WHEREAS, the City has requested and Pueblo County desires to provide $250,000 from the IA Community Investment Grant Match Fund to the City as a grant match for Project funding from the Department of Local Affairs 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 $250,000 for the purpose of obtaining a grant from the Department of Local Affairs and completing the Project.The Project is more fully described as replacement of the HVAC system at 230 North Union Avenue, including: 1) Construction of a 1,300 square foot three story addition at the rear of the 30,000 square foot three story Center to accommodate the new HVAC units and cooling tower; 2) Demolition and disposal of the two existing air handler units, four boilers, and the kitchen cooling coil; 3) Installation of a 50 ton air cooled chilled water system,two 85% efficient hot water boilers, a new fluid cooler for the kitchen, and the electrical connections and controls for same; 4) Installation of variable speed air volume units throughout the building; and 5) A new 1,500 gallon grease inceptor. 1.2 The Parties understand that the County's obligation under this Agreement is only to fund the Project and it is the City's obligation, working in conjunction with the leading efforts of its tenant, SRDA,to complete the Project. The Parties understand and agree that if the grant from the Department of Local Affairs for the funds needed to complete the Project is not obtained,then the County will not provide the lA funds specified herein to the City. 1.3 SRDA, with the consent of the City, will act as the sole manager of the Project on behalf of the Parties and, as between the Parties to this Agreement, City shall bear all risk and responsibility related to completing the same. As such, the City and SRDA will determine the method and manner in which the Project is completed, in accordance with their internal policies and procedures. However, the Project must be completed in its entirety on or before December 27, 2021. City hereby represents and warrants to County that it, in conjunction with SRDA, 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. 1.4 In accordance with the working understandings between City and SRDA, SRDA shall provide written quarterly updates to the County regarding the progress of the 2 grant application process and the Project and shall include copies of invoices submitted to and paid by City and/or SRDA for the Project. The City and SRDA 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, in part,by County Ballot Question 1 A Funds. 1.5 Title to planning and design work product related to the Project shall vest either in the City or in SRDA. 1.6 County received the proceeds from the issuance of debt on June 27, 2019. County will forward to City the Sum of$250,000 in calendar year 2020 in accordance with the further provisions of this Agreement. 1.7 Within a period not to exceed sixty (60) days after the Effective Date of this Agreement, City and/or SRDA shall submit to County a status report regarding the grant application to the Department of Local Affairs, 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 receipt of the grant funding necessary to complete the Project and 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 and/or SRDA agree to make their representative(s) available to answer any questions the County may have on the submittals. In the event the City and/or SRDA fail to make the required submittals within the period of time specified, County may, but shall not be required to, suspend or terminate this Agreement in order to redirect the funds to another project or projects in the CIP. 2. 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 and SRDA to the project. City and/or SRDA staff will participate in and contribute to the Project planning and design team. In addition, City and/or SRDA, in accordance with their working agreement shall, at its sole and separate expense, maintain and carry forward the work product upon completion of the Project. 3 4. OTHER: 4.1 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. 4.2 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. 4.3 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 With a copy to: Pueblo County Attorney's Office Pueblo County Courthouse 215 West 10th Street, Room 312 Pueblo, CO 81003 And Mayor's Office #1 City Hall Pl. 2nd Floor Pueblo, CO 81003 With a copy to: City Attorney's Office #1 City Hall Pl. 3rd Floor 4 Pueblo, Co 81003 With an additional copy to: SRDA Executive Director Stephen Nawrocki 230 N. Union Avenue Pueblo, CO 81003 4.4 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. 4.5 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. 4.6 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 4.7 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. 4.8 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. 4.9 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, 5 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. IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement the day and year first written above. ATTEST: - /A `41 B COUNTY � PUEBLO ��i By: _,- I C - to the Board Chair, Board o County Commissioners Date: �1��/� ATTEST: CITY OF PUEBLO By:4-Jund,,o, (1/1 - By: 3(4isaerai,ereagSdr:f City Clerk- Mayor Brenda Armijo Nicholas A. Gradisar Date: 2 /ale /,2o2.D [ SEAL] APPROVED AS TO FORM: APPROVED AS TO FORM: By: C4 (fir' y: . 11< 00-74V4.,g , County Attorney City Attorney- Cynthia Mitchel Daniel C. Kogovsek 6