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HomeMy WebLinkAbout11081ORDINANCE NO. 11081 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE TOWN OF BOONE, A COLORADO STATUTORY TOWN CREATING THE SOUTHERN COLORADO BUILDING DEPARTMENT AND AUTHORIZING THE MAYOR TO SIGN THE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement for the Operation of the Southern Colorado Building Department by and between the City of Pueblo, a Colorado Municipal Corporation and the Town of Boone, Colorado, a Colorado statutory town, a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver said Intergovernmental Agreement in the name of the City and City Clerk is directed to affix the seal of the City thereto and attest the same. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Intergovernmental Agreement which ae necessary or appropriate to implement the same. SECTION 3. 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 November 10, 2025. Final adoption of Ordinance by City Council on November 24, 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 # R9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 24, 2025 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 AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE TOWN OF BOONE, A COLORADO STATUTORY TOWN CREATING THE SOUTHERN COLORADO BUILDING DEPARTMENT AND AUTHORIZING THE MAYOR TO SIGN THE SAME SUMMARY: Attached is an Ordinance approving an agreement with the Town of Boone for the creation of the Southern Colorado Building Department and authorizing the Mayor to sign the same. The Southern Colorado Building Department will replace the Pueblo Regional Building Department effective January 1, 2026. PREVIOUS COUNCIL ACTION: On October 22, 2012, City Council approved Ordinance No. 8525 approving an Amended and Restated Agreement between the City of Pueblo, a municipal corporation and the Board of County Commissioners of the County of Pueblo creating the Pueblo Regional Building Department. BACKGROUND: On October 22, 2012, City Council approved Ordinance No. 8525 approving an Amended and Restated Agreement between the City of Pueblo, a municipal corporation and the Board of County Commissioners of the County of Pueblo for the creation of the Pueblo Regional Building Department (“PRBD”), pursuant to C.R.S. §29-1-203. Pursuant to its terms, the Amended and Restated Agreement continued from year-to- year “unless terminated by one party giving the other party written notice of its intention to terminate at least six months before the end of the calendar year with such termination to be effective on December 31 of the year in which notice is given.” On June 27, 2025, Pueblo County provided the City with written notice of its intention to terminate the Amended and Restated Agreement. Such termination shall be effective on December 31, 2025. An intergovernmental agreement with a new partner is needed to create a successor independent building department. PRBD currently provides service to the Town of Boone. The Town of Boone is satisfied with the service and has expressed an interest in entering an intergovernmental agreement with the City. The Boone Town Board will meet to consider the attached intergovernmental agreement on Monday, November 17, 2025. If approved, the City of Pueblo and Town of Boone will be the initial member entities to the intergovernmental agreement but the agreement allows other local governments to join the agreement in the future. The intergovernmental agreement will establish a new regional building department called Southern Colorado Building Department (“SCBD”). SCBD will operate the same as, or substantially similar to PRBD at no cost to the member entities. SCBD will perform all the services currently being provided by PRBD, including but not limited to issuing building permits, licensing contractors, and performing building inspections. The intergovernmental agreement will be effective January 1, 2026. FINANCIAL IMPLICATIONS: SCBD will operate as an enterprise and is self-funding. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: City Council could deny the Ordinance in which case the Pueblo Regional Building Department will cease operations on December 31, 2025 without a successor entity to replace it. RECOMMENDATION: Approval is recommended. ATTACHMENTS: 1. IGA for Town of Boone 2. Revised and Redlined IGA - Town of Boone and City 3. Final IGA - Town of Boone and City - signed by Boone Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 RESOLUTION NO. 2025-11-12 THE BOARD OF TRUSTEES OF THE TOWN OF BOONE, COLORADO A RESOLUTION TO CONTRACT WITH THE CITY OF PUEBLO TO FORMA NEW BUILDING AUTHORITY "SOUTHERN COLORADO BUILDING DEPARTMENT." TO BECOME EFFECTIVE JANUARY 1, 2026. CARL MESSENGER, Mayor ANGIE PARKS, Mayor Pro Temp JOHN BRECKENRIDGE, Trustee CHARLOTTE BUCHANAN, Trustee INTRODUCED, November 3, 2025 READ, AND ADOPTED, November 12, 2025 PUBLISHED, November 12, 2025 THE BOARD OF TRUSTEES OF THE TOWN OF BOONE, COLORADO ATTEST:.: ''. - ------- Kelly J Levar, Town Clerk � Va, k ;! I- L Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION OF THE SOUTHERN COLORADO BUILDING DEPARTMENT THIS AGREEMENT ("Agreement" or "IGA") is made and entered into as of the last date signed below, by and between the CITY OF PUEBLO, a Colorado Municipal Corporation, (hereinafter "Pueblo") and THE TOWN OF BOONE, COLORADO, a Colorado statutory town (hereinafter "Boone"). The parties may be referred to as a "Member Entity". WHEREAS, the City of Pueblo is a home rule city and Colorado municipal corporation organized and existing under and by virtue of Article XX of the Colorado Constitution; and WHEREAS, Boone is a statutory town recognized and organized under the Colorado Constitution and granted such power and authority as set forth in Title 30 of the Colorado Revised Statutes; and WHEREAS, it has been determined that a regional building department would best serve the citizens of Pueblo and Boone and would promote the public health, safety and welfare of the region; and WHEREAS, Pueblo and Boone have and intend to adopt nearly identical building codes, to regulate and control all building construction, including but not limited to building, electrical, mechanical, heating, plumbing and other construction related activities, (collectively, the "Codes") in Pueblo and Boone; and WHEREAS, it has been determined that joint facilities, personnel, committees and boards should be used and maintained for the administration and enforcement of each such building code to the extent determined appropriate by each Parry and set forth herein. NOW, THEREFORE, IT IS AGREED: I. OE anization 1. There is hereby established a joint facility, function and service under the authority of Section 29-1-203, C.R.S. (as amended), which shall be known as the Southern Colorado Building Department, (hereinafter "Department"). The function and responsibility of the Department shall be the administration and enforcement of the Codes of its member entities in accordance with this Agreement. 2. The governing body of the Department shall be known as the Building Commission (hereinafter "Commission"). The Commission shall consist of nine members: six appointed by the Mayor of the City of Pueblo subject to confirmation by the Pueblo City Council, one of whom shall be a City councilperson, and three jointly appointed by all member entities. The members of the Commission shall be appointed for staggered terms of three years, except that the term of a City councilperson shall expire when such person ceases to be a City councilperson. Any member may be removed with or without cause by the party who appointed such member. In the event of a vacancy, the parry who appointed such member shall promptly appoint a successor member to fill the unexpired term of the vacant position. Page 1 of 10 Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 3. The Department shall be a body politic and corporate, a separate and independent governmental and legal entity within the meaning of the intergovernmental cooperation provisions of the Colorado Constitution and statutes, and a "public entity" within the meaning of the Colorado Governmental Immunity Act and shall have the power to sue and be sued. 4. The Commission shall have and may exercise any and all of the following powers:. (a) Provide general supervision, administration and establish policy direction to the Department. (b) Appoint the Building Official of the Department who shall serve at the pleasure of the Commission. (c) Prepare or cause to be prepared the annual budget of the Department, reflecting estimates of revenues and expenditures for the coming calendar year, which shall be presented to the member entities prior to adoption of the same at a public hearing of the Commission after which funds shall be appropriated and expended in accordance with the budget. No budget shall be adopted, which requires supplemental funding from one or more of the member entities. (d) Cause to be made an accounting and audit of the financial operations of the Department by an independent Certified Public Accountant at the end of each calendar year. The audit shall be provided to each member entity within fourteen (14) days of its completion. (e) To lease property and office space for a term not to exceed five years to perform the duties and functions that have been delegated to it by each member entity as set forth herein. The Commission shall be authorized to execute lease agreements and other necessary documents to rent such property and office space, and to expend funds from its approved budget to lease property and office facilities. (f) To purchase property and to construct a building to meet its future office and facility needs. Prior to acquiring property and constructing a building to carry out its functions and duties, the Commission shall obtain the written approval of the Mayor, Manager, or Administrator of each member entity concerning the location of such property and the size and financing of the construction of the building for the Department. If any member entity does not approve the Commission's property acquisition and building plans, such proposals shall be referred to the governing body for each member entity for final review and approval. (g) Adopt such By -Laws, promulgate such Rules and Regulations and do all things necessary to the proper governance and administration of the Department. (h) Meet at least monthly at a regular time to be established by the By - Laws of the Commission. (i) Meetings of the Commission shall be public meetings subject to Section Page 2 of 10 Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 24-6-401, et seq C.R.S. (as amended). 0) Contingent upon authorization and approval by the member entities, to issue or reissue revenue bonds, notes or other obligations payable from the revenues derived from the functions, services, or facilities of the Department. The terms, conditions, details, sale and payment of such bonds, notes or other obligations, the procedures relating thereto, the pledge of revenues, and the refunding thereof shall be set forth in the Ordinance of the Pueblo City Council and Resolution of the Boone Town Board of Trustees authorizing said bonds, notes, and other obligations. The powers granted by this section to the Department shall not in any manner modify, limit or affect, either directly or indirectly, the powers and authorities of the member entities conferred by statute, charter or any other law. Notwithstanding anything in this subsection, the member entities shall not have any repayment obligation for any such bonds. (k) The Department shall constitute an enterprise for purposes of Section 20 of Article X of the Colorado Constitution as long as the Department retains the authority to issue revenue bonds as provided in section 4 (i) above and receives under ten percent (10%) of annual revenue in grants from all Colorado state and local governments combined. So long as the Department constitutes an enterprise, the Department and all spending and revenue relating thereto including but not limited to fees and charges shall not be subject to any of the provisions of Section 20 of Article X of the Colorado Constitution. (1) To make and enter into contracts that it may deem necessary or convenient for the exercise of its powers. (m) To purchase, lease, sell or convey any personal property, equipment, or supplies it may deem necessary or convenient for the exercise of its powers. (n) To obtain liability and casualty insurance. (o) To appoint, hire and retain employees and independent agents, contractors, engineers and attorneys. (p) To fix and from time to time increase or decrease fees, rates or charges for providing copies of public records as provided by law. (q) To invest any of its funds not required for the immediate disbursement in any investment in which public bodies may legally invest funds subject to their control. (r) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers hereby granted. II. Personnel: 5. The employees of the Department shall be responsible, through the duly appointed Building Official, to the Commission. The Commission shall be solely responsible for determining the number, compensation and benefits of Department employees and their Page 3 of 10 Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 functions and duties. 6. The Commission may establish a retirement benefit program for its employees. Employer contributions to the Public Employees Retirement Association or other retirement benefit program shall be paid by the Department as an expense of the Department. 7. The Department may contract with any member entity or another entity, either public or private, for bookkeeping and records services and other services as the Commission deems necessary. The cost of such services shall be considered an expense of the Department. 8. By resolution, the Commission shall adopt personnel policies and procedures for the governance of employees of the Department. The personnel policies and procedures shall include, but not be limited to, such matters as hiring, discipline, grievance, compensation, holidays, vacation, sick time, leave of absence, and termination, participation in various forms of insurance. III. Code Administration: 9. The parties agree that to the extent possible each will adopt Codes as nearly uniform as possible, and to that end each parry will meet and confer with one another and seek recommendations from the Department before amending or adopting all applicable Codes. All license, building permit, plan review fees and inspection fees for activities within each member entity shall be established as provided by ordinance or resolution of the respective member entity. 10. The Department is charged with the administration of the Codes of each member entity as set forth below: (a) City, of Pueblo: The administration of the Codes adopted by Pueblo for application within its boundaries, except any applicable fire codes, including without limitation: (i) Licensing or registration of building trade contractors, masters, and journeymen as defined in the respective Codes. (There shall be a single license or registration required to do work authorized by such license or registration within the City and all contractors shall furnish any bonds or insurance required by the City before being so licensed). (ii) Collection of all fees authorized for Codes administered by the Department. (iii) Checking of plans for Code compliance and issuance of building permits. (iv) Inspections at construction site as required to assure Code compliance, including right of entry for such purposes. (b)Town of Boone: The administration of the Codes adopted by Boone for application within its boundaries, except any applicable fire codes, including without limitation: Page 4 of 10 Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 (i) Licensing or registration of building trade contractors, masters, and journeymen as defined in the respective Codes. (There shall be a single license or registration required to do work authorized by such license or registration within the Town). (ii) Collection of all fees authorized for Codes administered by the Department. (iii) Checking of plans for Code compliance and issuance of building permits. (iv) Inspections at construction site as required to assure Code compliance, including right of entry for such purposes. (v) Pueblo Fire Department, at the request of the Town Mayor or Board of Trustees, may provide fire inspections within the town limits as required to approve or finalize building permits by the Department. 11. The Department may contract with other incorporated municipalities, or counties, if any, to provide for the administration of building and construction Codes as adopted by said other governmental entity for application within its corporate boundary. 12. The Department is not charged with the enforcement of the Fire Code as adopted by any member entities. Each member entity shall be responsible for the enforcement of the Fire Code adopted by it for application within its respective boundaries. 13. Zoning and subdivision administration shall be the responsibility of each member entity and not of the Department. IV. Review Boards: 14. There is hereby created for each of the electrical, plumbing, mechanical and building Codes a Board of Appeal consisting of five members (except for the electrical board which will consist of six members), three of which shall be appointed by Pueblo (or four members in the case of the electrical board) and the remaining two members to be jointly appointed by all member entities. Failure of any member entity to object to the jointly appointed members within 30 days of the date of the notice providing Parties the name of the proposed appointee(s) shall be considered consent to the appointment. The members shall be appointed for staggered terms of three years. 15. The function and composition of each Board of Appeal are as follows: (a) Electrical. The Electrical Board of Appeal is vested with the authority to issue, suspend or revoke licenses or registrations, not regulated by the state of Colorado, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted electrical code. The Electrical Board of Appeal shall be composed of a professional engineer registered in Colorado who specializes as an electrical engineer, two Colorado licensed electrical contractors, two Colorado licensed journeyman electricians, and an electrical engineer or journeyman electrician who is an employee of an electric utility company doing business in the City or County of Pueblo. Page 5 of 10 Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 (b) Plumbing. The Plumbing Board of Appeal is vested with the authority to issue, suspend or revoke licenses or registrations, not regulated by the state of Colorado, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted plumbing code. The Plumbing Board of Appeal shall be composed of a professional engineer registered in Colorado who specializes as a mechanical engineer, two Colorado Licensed plumbing contractors, and two Colorado licensed journeyman plumbers. (c) Mechanical. The Mechanical Board of Appeal is vested with the authority to issue, suspend or revoke licenses or registrations, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted mechanical code. The Mechanical Board of Appeal shall be composed of a professional engineer registered in Colorado who specializes as a mechanical engineer, two contractors licensed under the adopted mechanical code or licensed gas installation contractors, and two licensed journeyman gas fitters or sheet metal workers or persons experienced in performing work under the mechanical code. (d) Building. The Building Board of Appeal is vested with the authority to issue, suspend or revoke licenses or registrations, make reasonable interpretations, grant minor variances, hear appeals, and review performance or work under the adopted building code and such other minor or secondary building Codes as the member entities have adopted or may hereafter adopt. The Building Board of Appeal shall be composed of a professional engineer registered in Colorado who specializes in the field of structural design, an architect registered in Colorado, two licensed general contractors (one of whom shall be classified as unlimited), and a licensed journeyman in the building trades industry or a person experienced in performing work under the building code. 16. All inspectors for the electrical and plumbing codes shall be Colorado licensed masters in the building trades industry and experienced in performing work under the applicable code. Each inspector for the mechanical and building codes shall be certified by the International Code Council (ICC) as a residential inspector before date of hire and be certified as a commercial inspector within a stated period of time, not to exceed six months, as determined by the Commission, after commencing employment. Mechanical and building inspectors shall also be experienced in performing work under the applicable code. The Department shall establish and implement a program for continued education and training for all inspectors. Each major code shall have a chief inspector whose interpretation under such code shall be final unless appealed to the Board of Appeal for such code. The Building Official shall be the chief inspector under the adopted building code and such other minor or secondary building and construction Codes as the Parties have or may hereafter adopt with authority to designate another qualified employee of the Department as such chief inspector. 17. The Building Official shall, subject to the general supervision of the Commission, its adopted policies, and this IGA, be the chief executive and administrative officer of the Department, supervise all Department employees, maintain reports and records, act as Secretary to the Commission and each Board of Appeal and maintain permanent records of their meetings, and account for all fees and other monies collected by the Department. 18. Any person aggrieved by any ruling, decision, interpretation, or order of the Building Official or of a Chief Code Inspector shall have the right to appeal to the appropriate Page 6 of 10 Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 Board of Appeal by filing a written appeal with the Building Official within fourteen (14) calendar days from the date of the ruling, decision, interpretation, or order. If such a notice is filed, the appropriate Board of Appeal shall set a time and place for a hearing, and by certified mail or personal service notify the party filing the appeal. The date of hearing shall be not more than thirty-five (35) calendar days after the filing of appeal. The hearing shall be open to the public and all interested persons shall be heard. The majority vote of the members of the appropriate Board of Appeal shall affirm, modify, or reverse any appealed ruling, decision, interpretation or order. The appropriate Board of Appeal may permit variance from the strict terms and provisions of the applicable code if such variance can be made without increasing the hazards to health or safety of persons or property and when the granting of such variance will not violate the intent and purposes of such code. Mere inconvenience to the applicant shall not be grounds for the granting of such variance. 19. Within twenty-eight (28) days after the entry of any decision or order of a Board of Appeal, the Building Official, Department, or any person who is aggrieved by such decision or order may seek to review the same in the District Court. Review shall not be extended further than to determine whether the Board has exceeded its jurisdiction or abused its discretion. Pending such appeal all such rulings or decisions shall remain in full force and effect unless stayed by order of Court. 20. Each Board of Appeal is empowered to determine the suitability of alternate materials and types of installations under its code and is also empowered to recommend to member entities new legislation relating to its code. 21. Each Board of Appeal shall meet as often as may be necessary for the proper performance of its duties. Each Board shall be empowered to adopt reasonable rules and regulations for conducting its meetings and affairs. A quorum of a Board shall consist of a majority of all of its members. Each Board shall elect a chairman and co-chairman annually and maintain permanent records of all its proceedings. V. Financial Administration: 22. The Commission shall have custody and control of all movable equipment including, without limitation automobiles, office equipment, furniture, fixtures and accessories. Such equipment shall be leased or purchased with revenues of the Department. The value of the Department's real, personal and liquid assets as of December 31, 2025 is estimated to be $5,067,708.30. In the event of termination of this IGA: (a) Pueblo shall be paid first, before any other disbursement to member entities, the amount of $5,067,708.30. Payment may be made by the Department, any other member entity or through the sale of Department assets. (b) Thereafter, any movable equipment and property owned or possessed by the Department shall be offered to the member entities in quantities as much as they shall desire at cost less depreciation. Any movable equipment remaining shall be offered at public sale to the highest offer and all proceeds therefrom distributed to the member entities in direct proportion as the valuation of all construction work performed in each entity's jurisdiction was to the valuation Page 7 of 10 Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 of all work performed in the entire area under the jurisdiction of the Department for the final calendar year. 23. The Commission shall from time to time recommend to the governing bodies of the member entities a reasonable schedule of fees to be paid under the Codes for the issuance of permits, registrations, and licenses to perform construction, reconstruction, remodeling, alteration, demolition, or other work which is subject to the respective adopted Codes. The governing bodies of the member entities, after considering the Commission's recommendations and any other relevant information, adopt a reasonable schedule of fees to be paid to the Department for services rendered pursuant to this Agreement. It is the declared intention of this Agreement that such fees and the methods of computing such fees should be uniform in the member entities, to the extent possible. It is acknowledged, however, that costs of services rendered in the different jurisdictions may vary and therefore the fees established by each member entity may, i n addition to the cost of inspection fees, provide for mileage, travel time, and other necessary expenses incurred. It is the intention of the member entities that the Department shall be self-supporting but not profit -making and that the fees bear a reasonable relationship to the costs of administration of the Codes. 24. All Federal, State and local governmental agencies, including member entities, shall take out and pay for permits for all construction work conducted by them requiring Department services. In the case of construction by Federal, State or local government agencies which require a resident professional engineer and inspectors full time on the site of construction, their written verification of Code compliance may be accepted by the Department for that project. A listing of these persons and their experience shall be submitted to the Department for review. Permit fees for such projects shall be based on actual expenses to the Department for services rendered including, but not limited to, the checking of plans, reviews, or other work considered necessary by the Building Official. Federal, State and local governmental agencies shall pay for complaint response services rendered by the Department, at the rate established by the Commission for that service. 25. All monies received by the Department shall be placed in a special fund from which all salaries and operating and capital expenses of the Department shall be paid. Accounts shall be kept of fees paid for permits and services rendered within each member entity jurisdiction. Accounts shall be kept using Standard Governmental Accounting Procedures. 26. To the extent possible, the Department's reserve balance shall be maintained at no less than twelve percent (12%) of the annual budget. The Commission shall cause a yearly review at budget time and, upon their projected findings to the year's end, adjust fees and permits, in accordance with paragraph 23, to maintain the desired Department cash balance. VI. Miscellaneous: 27. Ame t�gnts. This IGA may be amended upon approval of the member entities by resolution or ordinance as may be required by the governing bodies of the member entities. 28. Effective Date. This IGA shall become effective upon January 1, 2026, and shall be in force and effect until December 31, 2027, and shall continue in full force and effect Page 8 of 10 Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 from year to year thereafter unless terminated by mutual agreement of the member entities or operation of law. 29. Termination, This IGA may be terminated by mutual agreement of the member entities or by operation of law. If by mutual agreement, such mutual agreement shall be in writing and shall, at a minimum, set forth the valuation of all assets, the distribution of assets consistent with this Agreement, the provision of books, records, and management software to member entities, the transition process, and effective date of termination. The mutual agreement to terminate this Agreement must be approved by the governing body of each member entity by resolution or ordinance as applicable pursuant to the requirements of the respective member entity. Termination will occur by operation of law if the withdrawal of member entities makes it impossible for the Department to exist as a matter of law. 30. Vwiit�hdrawal. Any member entity may withdraw from further participation in this Agreement by providing the other member entities notice of its intent to withdraw from the Agreement at least eleven (11) months before the end of the calendar year, such withdrawal to be effective on December 31 of the year in which notice is given. Except for Pueblo, which upon withdrawal shall be entitled to payment of its initial investment in the Department in the amount of $5,076,08.30 with such payment required to be made by the Department, any other member entity, or through the sale of Department assets, the withdrawing entity shall not be entitled to, nor receive any assets of the Department or any other form of reimbursement from the Department or any other member entity upon its withdrawal. The Department and remaining member entities shall cooperate and provide the withdrawing entity copies of all permits, inspections, and relevant information related to work performed, or in the process of being performed by the Department for the withdrawing entity to allow the withdrawing entity to take over services or transfer such services to a third party. Such withdrawal shall be effective as of December 31 of that year. 31. Agreement - SeverabiliiL If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under applicable law, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties shall negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent of the Parties. 32. Sovereign lmMunit. The parties understand that liability of the Parties is controlled and limited by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., and that no provision of this IGA is intended to limit or modify the application of immunity. 33. Jurisdiction and "venue. This IGA shall be governed by and construed in accordance with the laws of the state of Colorado. The parties consent and agree that jurisdiction and venue shall only be proper in Pueblo County. 34. Counterparts arts and Electronic Signatures. This IGA may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures delivered by facsimile, portable document format (PDF), or other electronic means shall be deemed to have the same legal effect as original signatures and shall be valid and binding upon the Parties to the same extent as if delivered in original form. Page 9 of 10 Docusign Envelope ID: BFCC8FCE-D447-479A-A02D-9C22DB05D2B6 ATTEST: QocuSigned by: Marisa Sto er;'iy3 erk APPROVEDpA§.9TdQ FORM: y. �tb-s 696M, - ike Carla L. Ss, City Attorney APPROVED AS TO FORM: Mark Ohlsen, Town Attorney CITY OF PUEBLQ, q Municipal Corporation Y .. 500-M-_.....�.................... Heather Graham, Mayor Date: 11/26/2025 1 10:51 AM MST THE BOARD OF TRUSTEES, TOWN OF BOONE, COLORADO Print Name:'' Its: Date: " Page 10 of 10