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Home My WebLink About10147ORDINANCE NO. 10147 AN ORDINANCE APPROVING AMENDMENT #1 TO THE INTERGOVERNMENTAL AGREEMENT, BETWEEN PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO COUNTY RELATING TO THE USE OF 2016 BALLOT QUESTION 1A CAPITAL IMPROVEMENT PROGRAM PROJECT FUNDING FOR THE EASTSIDE PEDESTRIAN, PARKING AND STREETSCAPE IMPROVEMENTS, BUDGETING AND APPROPRIATING $100,000 AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment #1 to the Intergovernmental Agreement, between Pueblo, a Colorado Municipal Corporation, and Pueblo County, a copy of which is attached hereto (“Amendment”), having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds in the amount of $100,000.00 shall be budgeted and appropriated to the Eastside Pedestrian, Parking and Streetscape Improvements Project, CI1914. SECTION 3. The Mayor is authorized to execute and deliver the Amendment 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 to perform any and all acts consistent with the intent of the Ordinance and Amendment 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 March 28, 2022 . Final adoption of Ordinance by City Council on April 11, 2022 . President of City Council Action by the Mayor: ☒ Approved on April 12, 2022 . □ 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-3 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: March 28, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Director of Public Works SUBJECT: AN ORDINANCE APPROVING AMENDMENT #1 TO THE INTERGOVERNMENTAL AGREEMENT, BETWEEN PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO COUNTY RELATING TO THE USE OF 2016 BALLOT QUESTION 1A CAPITAL IMPROVEMENT PROGRAM PROJECT FUNDING FOR THE EASTSIDE PEDESTRIAN, PARKING AND STREETSCAPE IMPROVEMENTS, BUDGETING AND APPROPRIATING $100,000 AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves Amendment #1 to the Intergovernmental Agreement (“IGA”), between Pueblo, a Colorado Municipal Corporation (“City”) and Pueblo County relating to the 2016 Ballot Question 1A Capital Improvement Program funds, and budgets and appropriates $100,000.00 for the design phase of the Eastside Pedestrian, Parking and Streetscape Improvements Project. PREVIOUS COUNCIL ACTION: Ordinance 9563 dated September 23, 2019, approved an Intergovernmental Agreement between the City of Pueblo and Pueblo County, established Project No. CI1914, and budgeted and appropriated $100,000.00 for the design phase of the Eastside Pedestrian, Parking and Streetscape Improvements Project. Resolution 14457 dated August 24, 2020, approved an agreement for professional engineering services between the City of Pueblo and Bohannan Huston, Inc., in the amount of $64,530 for the completion of the Mater Plan. Resolution 14788 dated January 24, 2022, approved amendment #1 to the agreement for professional engineering services between the City of Pueblo and Bohannan Huston, Inc., in the amount of $29,940 for the completion of the Final Design. BACKGROUND: The eastside of the City is generally identified as the area of Pueblo east of Fountain st 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 identified specific improvements that support pedestrian activity, parking and enhance streetscaping on the Eastside. The Consultant is currently preparing final design plans according to the improvements identified in the Master Plan. The purpose of Amendment #1 to the Intergovernmental Agreement (IGA) is to accept an additional $100,000 to complete the design of the improvements. FINANCIAL IMPLICATIONS: Funding in the amount of $100,000.00 will be available for the remainder of the design phase of the Project. Following the completion of the design phase, funding from the 2016 Ballot Question 1A Capital Improvement Program will provide an additional $800,000. BOARD/COMMISSION RECOMMENDATION: None. 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 Amendment to Intergovernmental Agreement (IGA) AMENDMENT TO THE INTERGOVERNMENAL AGREEMENT ICtii—THIS AMENDMENT is entered and is effective this , day of a rch 2022, ("Effective Date") between Pueblo County, a political subdivision of the State of Colorado, ("County") and the City of Pueblo, a Colorado municipal corporation and a home-rule municipality ("City"),(collectively, the "Parties"). WITNESSETH: WHEREAS, the Parties entered into an Intergovernmental Agreement dated October 17, 2019 (the "Agreement")whereby the County agreed to provide funding to the City of Pueblo from Pueblo County's 2016 Ballot Question IA Capital Improvement Program for construction improvements to the City of Pueblo East Side Pedestrian Parking and Streetscape Improvements Project (" Project"); and WHEREAS, the City of Pueblo has requested additional funding in the amount of $89,855.00 to complete the engineering and design work including construction and bid documents ("Design Phase") for the Project and a time extension of the Agreement; and WHEREAS, the County agrees to grant the additional funding for completing the Design Phase only and a time extension through December 31, 2022; and NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the Parties agree to amend the Intergovernmental Agreement as follows: 1. The County agrees to provide the City with additional funding in the amount of $89,855.00 to complete the Design Phase, which amount is in addition to the $100,000 provided to City under Section 1.1 of the Agreement. City shall submit quarterly invoices with respect to such work to County, and County shall timely reimburse and pay City the amount of such invoices. The Design Phase should be completed on or before June 30, 2022; provided, however, invoices may be submitted to County prior to the termination of the Agreement (December 31, 2022). 2. Section 2. TERM AND TERMINATION is amended to read as follows: The term of this Agreement shall begin on the Effective Date and,unless sooner terminated as provided herein, it will terminate on December 31, 2022. 3. Except as is expressly set forth in this Amendment, all of the terms and conditions of the original Intergovernmental Agreement shall remain in full force and effect and shall continue to bind the parties in accordance with the express terms thereof. 1 IN WITNESS WHEREOF, the Parties have entered into this Amendment to the Intergovernmental Agreement and is effective as of on the above referenced date. ATTEST: , A COUNT •F PUE'LO j 411116 By: �� By: A✓� ir Clerk to the Board ` C air, Board of County Commissioners Date: q09 ATTEST: CITY OF PUEBLO By: By: " �� City Cle Mayor Nicholas A. Gradisar Date: 4/),.:P/071 4:9G2/4 . [ SEAL] APPROVED AS TO FORM: APPROVED AS TO FORM: By: C � By: evyt t.t�c G. V,QL K County Attorney City Attorney Cynthia Mitchell Daniel C. Kogovsek U:AIA\IGA\AMENDMENT"i'O IGA CITY OF PUEiI3LO-EASI SIDI?.DOCX 2