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HomeMy WebLinkAbout07781ORDINANCE NO. 7781 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO COUNTY, COLORADO, A BODY CORPORATE AND POLITIC, REGARDING THE COMMITMENT OF FUNDS IN THE AMOUNT OF $1,400,000 FOR FISCAL YEAR 2009 TOWARD THE REHABILITATION, REPAIR AND FINANCING IMPROVEMENTS OF THE PUEBLO PLAZA ICE ARENA BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An agreement between the City of Pueblo, a Municipal Corporation, and Pueblo County, Colorado, a body corporate and politic, a copy of which is attached and incorporated herein, having been approved as to from by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute said agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. S ECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED March 24, 2008 PASSED AND APPROVED: April 14, 2008 61 R z> - I 18 I Background Paper for Proposed ORDINANCE AGENDA ITEM # ri '3g DATE: March 24, 2008 DEPARTMENT: CITY ADMINISTRATION DAVID J. GALLI, CITY MANAGER, DAVID J. GALLI DOUG FITZGERALD, ASSISTANT CITY MANAGER TITLE AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO COUNTY, COLORADO, A BODY CORPORATE AND POLITIC, REGARDING THE COMMITMENT OF FUNDS IN THE AMOUNT OF $1,400,000 FOR FISCAL YEAR 2009 TOWARD THE REHABILITATION, REPAIR AND FINANCING IMPROVEMENTS OF THE PUEBLO PLAZA ICE ARENA ISSUE Should City Council pass and approve the proposed Ordinance approving an Intergovernmental Agreement between the City of Pueblo and Pueblo County? Approval of the Ordinance BACKGROUND The City and County have agreed to enter into an Intergovernmental Agreement (IGA) regarding the financing improvements, repair and rehabilitation of the Pueblo Plaza Ice Arena. The improvements of the Ice Arena (1.4 Million) are part of the Ballot Issue 1A in the General Election of 2006 which covered recreational projects and facilities in the City of Pueblo. Due to the revenue constraints that are outlined in Article 20 of the State Constitution (TABOR) that would affect the City (additional revenue coming into the City that would not be TABOR exempt), it is recommended the project of refurbishing the Ice Arena be financed by the County in the amount not to exceed 1.4 million dollars. If excess costs of the project (Ice Arena) are realized, it will be the sole responsibility of the City to pay those obligations. Subject to appropriation, the County has agreed to pay financial obligations of the City in FY 2009 for CSAC, the HARP Authority, Pueblo Community Animal Shelter and Pueblo City — County Health Department that equal 1.4 million dollars. The term of this agreement will commence upon execution of this Agreement and will expire on December 31, 2009. Completion of this project (Ice Arena) is scheduled for December 31, 2008. FINANCIAL IMPACT The County will pay the financial obligation of 1.4 million for the renovation and refurbishing of the Pueblo Plaza Ice Arena and will make the following payments to the organizations below on behalf of the City in fiscal year 2009: Community Services Organizations (recommended by CSAC) $500,000 HARP Authority $200,000 Pueblo Community Animal Shelter (HSPPR) $300,000 Pueblo City — County Health Department $400,000 Total $1.4 Million INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into effective this 20 day of March, 2008, by and between Pueblo County, Colorado, a body corporate and politic, hereinafter referred to as "County" and the City of Pueblo, a Municipal Corporation, hereinafter referred to as "City" both of which are hereinafter referred to as "Parties." RECITALS: A. Article 13 of the City's Home Rule Charter creates a City Department of Parks and Recreation, among whose purposes is to provide for recreation facilities and services to the residents of the City. B. Pursuant to C.R.S. § 30 -11 -107, the County has the lawful authority and jurisdiction to support and fund recreational facilities and services in the County. C. The voters of the County, by passing Ballot Issue 1 A in the General Election of 2006, authorized the County to retain excess property tax revenues for a five year period to, inter alia, improve recreational facilities in the County. D. The City and the County are political subdivisions as defined in C.R.S. § 29 -1- 201 et .seq., which expressly authorizes and encourages political subdivisions to cooperate and contract with one another to provide facilities and services as permitted by law. E. The City and the County wish to cooperate and enter into an Intergovernmental Agreement to repair and improve recreational facilities located within the City and County. NOW, THEREFORE, FOR AND IN CONSIDERATION, of the foregoing and the mutual promises, covenants, terms and conditions contained herein, City and County agree as follows: DESCRIPTION OF THE - PROJECT -- - -- - 1. Project Scope. City and County hereby agree to cooperate in the rehabilitation and repair and associated financing of improvements to the Pueblo Plaza Ice Arena, 100 N. Grand Ave., Pueblo, CO 81003 which is owned by the City. City wishes to complete the project in FY 2008. County intends to pay a portion of the project's costs in FY 2009 as set forth in paragraph i l of this Agreement. 2. Date of Commencement and Substantial Completion. Commencement of work under this Agreement shall begin upon execution of this Agreement. It is the intent of the Parties that the project will be completed by December 31, 2008. 3. Contract Sum. Subject to paragraph 22 of this Agreement, County hereby agrees to pay an amount not to exceed One Million Four Hundred Thousand Dollars ($1,400,000.00) during the County's 2009 fiscal year, to finance the project described in paragraph 1 supra. The Parties understand and agree that if the cost to complete the project exceeds $1,400,000.00, the excess cost of the project shall be the sole fiscal responsibility of the City and shall be paid by City. 4. Maintenance of Project. The Pueblo Plaza Ice Arena is owned by the City. The parties agree that maintenance of the Ice Arena and of the project facilities shall remain the sole responsibility of the City during the construction phase and after completion of the project. 5. Additional Improvements. In the City's sole discretion, City may include other improvements in the plans and specifications and construction contract for the project, provided that said other improvements and their associated costs are clearly identified. The parties hereby agree that the costs of said additional improvements, if any, shall be the sole fiscal responsibility of the City and shall be paid by City. OBLIGATIONS OF CITY As consideration for the performance of the County hereunder, the City agrees to undertake the following obligations during the term of this Agreement: 6. Prepare a design for the project, with appropriate plans and specifications in compliance with applicable building codes, regulations and state and federal law including, but not limited to, the Americans With Disabilities Act. 7. Advertise a request for competitive bids for the construction of the project and award the construction contract to the lowest responsible bidder. 8. Manage the construction of the project including contract administration, payments and inspections as required by law. 9. Maintain and make available to the County detailed financial records including work performed, invoices and approved pay requests and payments made to the contractors. 10. To the extent authorized by law, City shall indemnify and hold harmless the County, its officers, directors, agents and employees, as officials and individuals, from and against any and all claims, demands, actions, and suits of any kind or nature whatsoever arising under any applicable worker's compensation laws or other public liability law made as a result of the Project or this Agreement including, but not limited to, defects in any items purchased herewith and any component parts thereof for which claims, demands or suits may be brought against the County, its officers, directors, agents and employees or costs or fees incurred by them in defending any action arising from any such claim, demand or suit, including, but not limited to, reasonable attorney's fees, except to the extent that such liability is adjudicated to be the 0 result of the negligent or intentional actions of the County, its officers, directors, agents and employees. OBLIGATIONS OF COUNTY As consideration for the performance of the City hereunder, the County agrees to undertake the following obligations during the term of this Agreement: 11. Payments. Subject to paragraph 23 of this Agreement, County agrees to pay for labor and materials associated with the project as follows: for FY 2009 only, the County agrees to pay the City's financial obligations (pursuant IGA, contract or otherwise) to the following entities in the following amounts: Entity Amount Community Services Organizations (Recommended by CSAC) $ 500,000.00 HARP Authority 200.000.00 Pueblo Community Animal Shelter (HSPPR) 300,000.00 Pueblo City- County Health Dept. 400,000.00 Total $1,400,000.00 The County's obligation hereunder shall not exceed One Million Four Hundred Thousand Dollars ($1,400,000.00). City and County agree that the County's obligations under this Agreement shall terminate at the end of FY 2009 and nothing in this Agreement shall be interpreted or construed to require the County to pay any of City's financial obligations after December 31, 2009. -- - OTHER PROVISIONS: The parties agree that their performance under this Agreement shall be subject to the following provisions: 12. Term. The term of this Agreement shall commence on the date first set forth herein and shall end on December 31, 2009. 13. Liability Exposure. Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver of any R, provision of the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., by City or County. 14. Complete Agreement. This Agreement constitutes the complete Agreement on the subject hereof and supersedes and replaces all prior oral and written understandings and/or agreements of the parties on the subject hereof. 15. Governing Law. This Agreement and the rights and duties of the parties shall be construed and interpreted and enforced in accordance within the laws of the State of Colorado. 16. Modifications. This Agreement may not be modified or amended in any manner by either or both of the parties unless the same is set forth in a written agreement making reference to this Agreement and signed by the parties hereto. No waiver of any of this Agreement's provision or conditions shall be binding unless made in writing and signed by the Chair of the Board of County Commissioners and the President of the City Council. 17. Binding Agreement. When executed by the parties, this Agreement shall constitute a binding Agreement and shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and permitted assigns. Any delegation or assignment of this Agreement or any of the obligations set forth herein by either party without the prior written consent of the other party shall be void and of no force and effect. 18. Severable. If any provision of this Agreement shall be determined invalid, illegal or without force by a Court of Law or rendered so by legislative act, the remaining provisions shall remain in full force and effect. 19. Waiver. Failure to exercise any remedy which either party may have under this Agreement or any other acquiescence by one party, shall not constitute a waiver of any obligation of the defaulting party hereunder. 20. Notices: All notices required under this Agreement shall be sent in writing by certified or registered mail, return receipt requested, to the following address: City of Pueblo Attn: City Manager 1 City Hall Place Pueblo, CO 81003 Pueblo County, Colorado Attn: Pueblo County Attorney 215 W. 10th St., Rm. 312 Pueblo, CO 81003 21. Captions. Captions and headings used in this Agreement are for identification only and shall be disregarded in any construction or interpretation of the provisions of this Agreement. 22 Appropriations of Funds This Agreement is expressly made subject to the annual appropriation of funds in FY 2009 by City and County for its performance and upon failure of City or County to appropriate funds for this Agreement said Agreement shall be terminated without liability to either party. 23. No Third Party Beneficiary. Enforcement of the terms and conditions of this Agreement shall be strictly reserved to the City and County and nothing contained in this Agreement shall give or allow any claim or right of action by any other party or third person. 24. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date first above written. ATTEST:. _ ,' ter`-` , - n n \ � • City erk ATTEST: CITY OF PUEBLO By President of the City Council PUEBLO COUNTY, COLORADO 4�� - Clerk to the Boafd By: Chair, Board o ounty Co issioners