HomeMy WebLinkAbout10687DocuSign Envelope ID: C980BCBO-4D44-48EC-81 F7-55DOC4545299
ORDINANCE NO. 10687
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND THE COUNTY
OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF
COLORADO, AND THE HISTORIC ARKANSAS RIVERWALK OF
PUEBLO AUTHORITY, A POLITICAL SUBDIVISION OF THE
STATE OF COLORADO BY WHICH PUEBLO COUNTY WILL
PAY TO THE CITY OF PUEBLO $9,000,000 IN 1A FUNDS FOR
THE CONSTRUCTION OF THE HARP CHANNEL EXTENSION
AND BOATHOUSE PROJECT, AUTHORIZING THE MAYOR TO
EXECUTE THE SAME, ACCEPTING THE 1A FUNDS FROM
THE COUNTY, ESTABLISHING PROJECT NO. C12432, AND
BUDGETING AND APPROPRIATING THE FUNDS TO PROJECT
NO. C12432
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Intergovernmental Agreement, dated April 22, 2024, by which the County will pay to
the City $9,000,000 in 1A funds to be used for the HARP Channel Extension and Boathouse
Project, between the City of Pueblo, a Colorado Municipal Corporation and the County of
Pueblo, a political subdivision of the State of Colorado, and the Historic Arkansas Riverwalk of
Pueblo Authority, a political subdivision of the State of Colorado, attached hereto, having been
approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to accept the 1A funds from the County and to execute
said Intergovernmental Agreement on behalf of the City and the City Clerk is authorized to affix
the seal of the City thereto and attest the same.
SECTION 3.
Project No. C12432 -- HARP Channel Extension and Boathouse Project is hereby
established.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Ordinance and the attached Intergovernmental Agreement to implement the policies
and procedures described herein.
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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 April 08, 2024.
Final adoption of Ordinance by City Council on April 22, 2024.
DocuSigned by:
President of City Council
Action by the Mayor:
[)� Approved on
❑ Disapproved on
4/23/2024 1 1:04 PM MDT
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 5Do,w,
cuSignedby:
City Clerk rM
DocuSign Envelope ID: C980BCBO-4D44-48EC-81 F7-55DOC4545299
City Clerk's Office Item # R1
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Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 22, 2024
TO:
President Mark Aliff and Members of City Council
CC:
Mayor Heather Graham
VIA:
Marisa Stoller, City Clerk
FROM:
Carla Sikes, City Attorney
SUBJECT:
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A
POLITICAL SUBDIVISION OF THE STATE OF COLORADO, AND THE
HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY, A
POLITICAL SUBDIVISION OF THE STATE OF COLORADO BY WHICH
PUEBLO COUNTY WILL PAY TO THE CITY OF PUEBLO $9,000,000 IN
1A FUNDS FOR THE CONSTRUCTION OF THE HARP CHANNEL
EXTENSION AND BOATHOUSE PROJECT, AUTHORIZING THE
MAYOR TO EXECUTE THE SAME, ACCEPTING THE 1A FUNDS
FROM THE COUNTY, ESTABLISHING PROJECT NO. C12432, AND
BUDGETING AND APPROPRIATING THE FUNDS TO PROJECT NO.
C 12432
SUMMARY:
This Ordinance approves and authorizes the Mayor to sign an Intergovernmental
Agreement accepting 1A funds from Pueblo County to be used to fund, in part, the
construction of the HARP Channel Extension and Boathouse Project.
PREVIOUS COUNCIL ACTION:
City Council previously approved on March 18, 2019, an Intergovernmental Agreement
between the parties for the purpose of providing design and construction ready plans
for the HARP Channel Extension and Boathouse Project.
BACKGROUND:
In November 2016, 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
DocuSign Envelope ID: C980BCBO-4D44-48EC-81 F7-55DOC4545299
Projects, and a list of Projects as modified or supplemented from time to time, now
formally known as the Capital Improvement Program ("CIP"). The HARP Channel
Extension and Boathouse Project was identified as a Project.
The design and construction plans contemplated by the previous IGA have been
completed, bids reviewed, and a qualified contractor identified. The project consists of
the demolition of the existing eastern channel terminus, construction of a new channel
eastward to Santa Fe Drive, new and retrofitted utilities, paving and hardscapes,
drainage, site electrical and lighting, landscape improvements as well as the
construction of a new two-story building. The two-story building will be used by HARP
for boat and equipment storage, office space, and public gatherings.
FINANCIAL IMPLICATIONS:
The total cost of the project is $15,974,481.73 as set out below:
........................................................................................................
PROJECT COSTS
Base Bid — Channel
$4,212,227.00
Base Bid — Boathouse
9,088,834.00
Add Alts #1 — 7
943,812.00
Sub -total
$14,244,873.00
Black Hill Estimate (separate cost) 277,383.73
Sub -total $14,522,256.73
10% Contingency $1,452,225.00
TOTAL PROJECT COST $15,974,481.73
PROJECT REVENUE
County 1A
$9,000,000.00
DOLA Grant
1,000,000.00
DOLA Match — City GF/Unappropriated fund
1,000,000.00
ARPA Lost Revenue
945,000.00
ARPA — Basic Funds
517,884.44
PU RA
200,000.00
Sub -total
$12,662,884.44
RTA/Sale & Use Tax 3,311,597.29
$15,974,481.73
Pursuant to the IGA, Pueblo County will contribute $9,000,000 to the project as set forth
above.
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BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
The City Council could decide not to enter into the IGA with the County or accept the
$9,000,000 offered by the County for the HARP project. The HARP Channel Extension
and Boathouse Project will not be able to be completed without the 1A money from the
County.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. FINAL IGA with County HARP City for 1A money for riverwalk expansion
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THIS AGREEMENT is entered into and is effective upon the last date executed
by the Parties ("Effective Gate") between Pueblo County, a political subdivision of the
State of Colorado, ("County"), the City of Pueblo, a Colorado Municipal Corporation
("City") and the Historic Arkansas Riverwalk of Pueblo Authority, a political subdivision
of the State of Colorado ("Authority"') (collectively, the "Parties").
WITNESSETH:
WHEREAS, in November 2016, 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, the Authority is a legal entity established by local governments,
including the County, under C.R.S. §29-1-200 for the purpose of promoting, managing,
supervising, operating developing, and maintaining the Historic Arkansas Riverwalk of
Pueblo ("HARP") and has extensive experience in HARP -related construction Projects;
and
WHEREAS the Authority and the County previously entered an. IGA executed
February 28, 2019, by the County and executed March 18, 2019, by the Authority for the
purpose of providing design and construction ready plans for the HARP Channel
Extension and two-story facility which included a boathouse; and
WHEREAS the design and construction plans contemplated by the prior IGA have
been completed and submitted; and
WHEREAS, the City has requested, received, and examined bids from general
contractors and identified a qualified contractor; and
WHEREAS Pueblo County has issued a second tranche of financing utilizing
Certificates of Participation and the TIA revenues to support funding of certain designated
community improvement projects in the CIP beginning in 2023, including the construction
of an eastward expansion of the HARP Channel and addition of a two-story, facility for the
HARD 1A Expansion Project (the "Project"),; and
WHEREAS the lowest bid for the demolition of the existing eastern channel
terminus construction of new channel eastward to Santa Fe Drive, new and retrofitted
utilities, paving and hardscapes, drainage, site electrical and lighting, landscape
improvements, the construction of a new two-story building which includes a new visitor
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center, Authority offices, a roof top space for public gatherings and a boathouse for the
Authority is $13,301,061.00 with Additional Alternates totaling $943,812.00; and
WHEREAS, the County desires to provide $9,000,000 from the 1A funds to pay
for the construction of the Project; and
WHEREAS, the City and the Authority are committed to providing the balance of
the funds for the Project.
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 $9,000,000 for the purpose of the
construction of the Project as is detailed in Construction Plans for the HARP
Channel Extension Exhibit A, and the Construction Drawings for the HARP new
two-story building, Exhibit B. The Parties understand that the County's obligation
under this Agreement is only to provide funding for the Project and it is the City's
obligation in cooperation with HARP, to complete the Project. The City shall bear
all risk and responsibility related to management of and completing the Project.
Authority shall, at their own and separate expense, operate and maintain the
improvements following completion of the Project.
1.2 The City will use all funding sources it deems appropriate to complete the Project.
Those funding sources may include but not be limited to, American Rescue Plan
Act (ARPA) funds, Capital Improvement Project Fund (commonly referred to as
the half -cent City sales tax fund for economic development), a DOLA Energy and
Mineral Impact Assistance Fund Program grant funds, and general funds.
1.3. The Authority and the City have entered into a Cooperation Agreement pursuant
to which the City with the cooperation of HARP, will direct construction of the
Project. Once all funds required to complete the Project, with or without the
Additional Alternatives, are received from the various Parties and from other
sources, as applicable, the City will award a construction contract to complete the
work. No portion of the County's $9,000,0000 contribution shall be spent until the
City and Authority have secured the full amount of funding required to complete
the Project, with or without the Additional Alternatives.
1.4. The City anticipates that the project will be completed within approximately twenty-
four (24) months after it receives the funds from the County. The City hereby
represents and warrants to the Parties that it will commit the human and other
resources necessary to undertake and perform its obligations under this
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Agreement and within the time periods specified. The City further acknowledges
and intends that County rely upon this representation and warranty.
1.5. The City shall inspect the Project for progress and review all construction receipts
and pay requests for accuracy prior to approval. The City will pay Project expenses
from the Project funds.
1.6 The Authority shall provide written monthly updates to the County regarding the
progress of the Project. The Authority and City agree to make its representative(s)
available to answer any questions the County may have about the Project and
Project submittals. The Parties will publicly promote the Project and periodically
inform the public about the Project.
1.7 Title to all work product related to the Project shall vest in the City.
1.8 The County will pay the sum of $9,000,000 to the City within ten (10) days of the
execution of this Intergovernmental Agreement by the parties.
1.9 Once constructed, the Authority will operate, maintain„ and manage the new two--
story facility in a manner that will not compromise the tax-exempt status of the
County's Certificate of Participation issuance. Should the City or Authority allow
any use of the Boathouse that compromises the tax-exempt status of the County„'s
Certificates of Participation„ City and Authority shall be liable to County for any
penalties costs fees increased interest rate or other damages of any type
incurred by County, resulting from City or Authority's failure to properly use the
facility. The Authority will provide the City and the County with the proposed annual'
schedule of fees charged for rental and facility usage and copies of the proposed
facility usage agreements utilli ed by the Authority for the use of the facility which
may be adopted by the Authority subject to County approval.
1.10 If the City and/or Authority cannot proceed with the Project for any reason,
including if the channel extension or boathouse construction its no longer financially
viable, then the City shall return all unexpended County funding to the County. If
the City and/or Authority cannot complete the Boathouse within 30 months of the
date of this Agreement but can complete the channel extension„ the City shall
utilize County's funds to pay for the channel extension and return the remaining
funds to the County.
ESTIMATE OF PROJECT COSTS
The Parties estimate the cost of the Project to be $15,974,481.73 which includes
Additional Alternatives totaling $943,812.00 as set forth below:
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2. TERM AND TERMINATION:
The term of this Agreement shall begin on the Effective Date which shall be the latest
date of execution of this agreement by any of the Parties and, unless sooner terminated
as provided herein, end thirty (30) months from the date of this Agreement.
3. CITY AND AUTHORITY CONTRIBUTIONS:
The City agrees that the funds committed by the County pursuant to the Agreement
are intended by the County to be in addition to, and not in substitution or replacement of,
any monies previously committed or agreed to be committed by the Authority or any other
entity to the HARP 1A Expansion Project.
4. OTHER:
4.1TABOR: The City and Authority 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
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4.2 ENTIRE AGREEMENT: 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. 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 shalll 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 NOTICES: 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:
City of Pueblo
One City Hall Place
Pueblo, Colorado 81003
Attention: Office of the Mayor
With a copy to:
Pueblo City Attorney
One City Hall Place
Pueblo, Colorado 81003
Pueblo County Department of Budget and Finance
Pueblo County Courthouse
215 West loth Street
Pueblo, CO 81003
With a copy to:
Pueblo County Attorney's Office
Pueblo County Courthouse
215 West loth Street, Room 312
Pueblo, CO 81003
And
Historic Arkansas Riverwalk of Pueblo
Attention Lynn Clark
I1
DocuSign Envelope ID: C980BCBO-4D44-48EC-8lF7-55DOC4545299
125 Riverwalk Place
Pueblo, CO 81003
With a copy to
Wm. David Lytle
503 N. Main St., Suite 125
Pueblo, CO 81003
4AGOOD FAITH: The Parties shall implement this Agreement in good faith including
acting in good faith in all matters that require joint or coordinated action.
4.5STATU S 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 an agent or employee of the other Party for any purpose
whatsoever.
4.6NO 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. Any person or entity other than the Authority or County receiving
services or benefits pursuant to the Agreement is an incidental beneficiary only.
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.
4.83URVIVAL OF CERTAIN CON T CT TERMS: Notwithstanding anything to the
contrary, the Parties understand and agree that all terms and conditions of this
Agreement and the exhibits and attachments hereto which may require continued
performance or compliance beyond the termination date of the Agreement shall
survive such termination date and shall be enforceable by the County.
4.9LIABILITY AND INSURANCE: The Authority maintains general liability insurance for
HARP. As between the Authority and County, the Authority (as --the manager and
operator of the Historic Arkansas Riverwalk and the Project improvements) agrees to
assume the risk of personal injury, including death and bodily injury, and damage to
and destruction of property, including loss of use therefrom, caused by or sustained,
in whole or in part, in conjunction with or arising out of the use of the HARP
improvements funded by County 1A dollars or by the conditions created thereby;
provided, however, that nothing in this paragraph is intended, nor should it be
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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. Authority and City
shall provide and maintain 'Workers' Compensation insurance coverage 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.,
Clerk to the Board
ATTEST:
DacuSignedl by!
Marisa Stoller, dity''Clerk
ATTEST:
N11
By:
APPROVED AS TO FORK
By:
Chia Mitchell County Attorney
APPROVE Q AS T OR "
By:
W, 4�,David 4Lytle, A h.hity Attorney
7
COUNTY OF PUEBLO
By:
Chai , Board of 6aunty Commissioners
Date'.
MAYOR CITY OF PUEBLO
DotuSigned by:
By:
Heather Graham
4/23/2024 1 1:04 PM MDT
Date".
AUTHORITY
By:
Date: A
APPROVED AS TO FORM:
fDocuSigned by:
W(A S11LGS
By: _--b —11117
') 11 Carla L. Sikesmerr"r, City ttorney