HomeMy WebLinkAbout10934ORDINANCE NO. 10934
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF 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, ACCEPTING, BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $810,145.00,
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between City of Pueblo, a Colorado Municipal Corporation, and Pueblo
County relating to the use of 2016 Ballot Question 1A Capital Improvement Program Project
Funds for the Eastside Pedestrian, Parking and Streetscape Improvements, a copy of which is
attached, having been approved as to form by the City Attorney, is hereby approved. The Mayor
is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is
directed to affix the seal of the City thereto and attest same.
SECTION 2.
Funds in the amount of $810,145.00 shall be accepted, budgeted and appropriated to the
Eastside Pedestrian, Parking and Streetscape Improvements Project, CI1914.
SECTION 3.
The Mayor is authorized to execute and deliver the IGA in the name of the City of Pueblo
and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 4.
The officers of the City are authorized to perform any and all acts consistent with this
Ordinance and IGA to implement the policies and procedures described herein.
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 14, 2025.
Final adoption of Ordinance by City Council on April 28, 2025.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # R7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 28, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF 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, ACCEPTING,
BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF
$810,145.00, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
between Pueblo, a
of 2016 Ballot Question 1A Capital Improvement Program funds, and accepts, budgets
and appropriates $810,145.00 for the construction phase of the Eastside Pedestrian,
Parking and Streetscape Improvements Project.
PREVIOUS COUNCIL ACTION:
Ordinance 9563, dated October 15, 2019, approved an IGA between the City of Pueblo
and Pueblo County relating to the use of 2016 Ballot Question 1A Capital Improvement
Program funds, established the Eastside Pedestrian, Parking and Streetscape Project,
CI1914 and budgeted and appropriated $100,000 for the design phase of the Project.
Resolution 14457, dated August 24, 2020, approved an agreement for Professional
Design Consulting Services with Bohannan Huston, Inc (BHI) for $64,530.
Resolution 14788, dated January 12, 2022, approved a contract amendment #1 for Final
Design services with Bohannan Huston, Inc (BHI) for $29,940.
Ordinance 10147, dated April 11, 2022, approved amendment #1 to the IGA between
Pueblo and Pueblo County to provide an additional $100,000 for design funds.
Resolution 14844, dated April 11, 2022, approved amendment #2 to the agreement for
professional design consulting services in the amount of $59,915 with Bohannan Huston,
Inc. (BHI).
BACKGROUND:
Funds in the amount of $810,145.00 will be used for the construction phase for
improvements that were identified and coordinated during the design of the Eastside
Pedestrian Parking and Streetscape Improvements.
The construction phase of improvements includes parking and landscape improvements
around the El Centro de Quinto Sol Park including establishing new angled parking by
installing new curb, gutter, sidewalk, and pavement around the park, as well as new ADA
compliant curb ramps, pedestrian lighting, turf replacement and relocating trees.
FINANCIAL IMPLICATIONS:
Funding in the amount of $810,145.00 is accepted, budgeted and appropriated to Project
Account CI1914, Eastside Streetscape Project
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
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:
1. Eastside Construction IGA
EXECUTION COPY
INTERGOVERNMENTAL AGIU'EMENT
(East Side Pedestrian, Parking and Streetscape Improvements)
THIS AGREEMENT is entered and is effective this _ day of March 2025 ("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 has conducted an analysis surrounding a proposed financing
utilizing Certificates of Participation and the TIA revenues, determining that financing is possible
to support funding of 15 specific community improvement Projects in the CIP beginning in 2018,
including the East Side Pedestrian, Parking and Streetscape Project which consists of a research
and planning study to identify specific improvements that support pedestrian activity, parking and
enhance streetscaping for certain streets on the East Side of the City of Pueblo which neighborhood
is more particularly identified as being bounded by 4th St./Colorado State Highway 96 on the
South, U.S. Highway 50 on the East and North, and I-25/Fountain Creek on the West, as are to be
more specifically identified by City, a design phase and thereafter the construction of specific
improvements identified in the planning study and the design. The planning and design phase is
hereinafter referred to as "Project"; and
WHEREAS, the City and County entered into an Intergovernmental Agreement, dated
October 17, 2019, for the planning and design phase wherein the County provided $100,000 from
the 1A funds and amended said IGA to provide additional lA funding in the amount of $89,855.00
to complete the engineering and design work; and
WHEREAS, the Parties anticipated to enter into a subsequent Intergovernmental
Agreement covering the balance needed for the construction of improvements and now desire to
enter into this Agreement for the construction phase, hereinafter the "Project"; and
WHEREAS, the estimated cost of the construction improvements for the Project includes
parking and landscape improvements around the El Centro de Quinto Sol Park including
establishing new angled parking by installing new curb, gutter, sidewalk, and pavement around
the park, as well as new ADA compliant curb ramps, Pedestrian lighting, turf replacement and tree
relocations in amount of $810,145.00; and,
WHEREAS, Pueblo County desires to provide $810,145.00 from the IA funds for the
Construction Phase Project currently; and
EXECUTION COPY
Pueblo County desires to provide $810,145.00 from the IA funds to pay for the Project
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 PROVIS4IONS-
1.1 The County agrees to provide the City an amount not to exceed $810,145.00 for the
purpose of completing the Project. The Project includes parking and landscape
improvements around the El Centro de Quinto Sol Park located at 609 E. 6th Street,
Pueblo, Colorado, including establishing new angled parking by installing new
curb, gutter, sidewalk, and pavement around the park, as well as new ADA
compliant curb ramps, Pedestrian lighting, turf replacement and tree relocations
The Parties understand that the County's obligation under this Agreement is only
to fund the Project and it is the City's obligation to complete the Project. The City
shall bear all risk and responsibility related to completing the same.
1.2 The City will act as the sole manager of the Project on behalf of the Parties. As
such, the City will determine the method and manner in which the Project is
completed, in accordance with its internal policies and procedures. However, the
City must complete the Project in its entirety on or before December 31, 2025. City
hereby represents and warrants to County that it 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. Notwithstanding the foregoing,
Project completion is a precedent to further County funding of the costs of
construction of the improvements which are the subject of this Project.
1.3 The City shall provide written quarterly updates to the County regarding the
progress of the Project and shall include copies of invoices submitted to and paid
by City for the Project. The City 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 by County
Ballot Question I Funds.
1.4 Title to planning and design work product related to the Project shall vest in the
City.
1.5 County received the proceeds from the issuance of debt on June 27, 2019. County
will forward to City the Sum of $810,145.00 in calendar year 2025 in accordance
with the further provisions of this Agreement.
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EXECUTION COPY
1.6 Within a period not to exceed sixty (60) days after the Effective Date of this
Agreement, City shall submit to County 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 the 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 agrees to make
its representative(s) available to answer any questions the County may have on the
submittals. In the event the City fails 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 31, 2025.
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 to the project. City staff
will participate and contribute to the Project planning and design team. In addition, City
shall, at its sole and separate expense, maintain and carry forward the work product upon
completion of the Project. City may also pursue additional funding for all of the
components of the Project through applications for grants from GoCo and/or the Colorado
Department of Local Affairs.
4. OTHER:
4.1 The City 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.
4.2 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.
4.3 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
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EXECUTION COPY
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.
4.4 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 parry at the following addresses:
Pueblo County Department of Budget and Finance
Pueblo County Courthouse
215 West 1 oth Street
Pueblo, CO 81003
With a copy to:
Pueblo County Attorney's Office
Pueblo County Courthouse
215 West 1 oth Street, Room 312
Pueblo, CO 81003
And
Mayor's Office
#1 City Hall Place, 2nd Floor
. Pueblo, CO 81003
With a copy to:
Director of Planning and Development
211 East D Street
Pueblo, CO 81003
With an additional copy to:
City Attorney's Office
#1 City Hall Place, 3`d Floor
Pueblo, CO 81003
4.5 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.
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EXECUTION COPY
4.6 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.
4.7 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
4.8 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.
4.9 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.
4.10 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,
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.
(SIGNATURE PAGE TO FOLLOW)
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EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement the day and year
first written above.
ATTEST:
By: &41-d
Clerk to the Board
ATTEST:
APPROVED AS TO FORM:
By
Cou Attorney
Cynthia Mitchell
2
COUNTY OF PUEBLO
By:
Chair„ oar o County Commissioners
Date: --�Aq D
...........
CITY OF PUEBLO
By: --/
Mayor
Heather Graham
Date:
APPROVED AS TO FORM:.
By. City Attorney- . � ...__....� "
Carla Sikes