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HomeMy WebLinkAbout7847RESOLUTION NO. 7847 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE COLORADO STATE PATROL, A DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, STATE OF COLORADO, RELATING TO A JOB CREATING CAPITAL IMPROVEMENT PROJECT AND AUTHORIZING THE EXPENDITURE OF $125,000 THEREFOR FROM THE 1992 -2001 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND WHEREAS, the Colorado State Patrol has expressed a willingness to consolidate its communication activities for the southeastern region of the State of Colorado in its communication center to be located within the City of Pueblo, and WHEREAS, such consolidation is anticipated to create approximately 26 to 30 full time jobs within the City, and WHEREAS, the Colorado State Patrol through the Pueblo Economic Development Corpora- tion has made application for funds from the 1992 -2001 Sales and Use Tax Capital Improvement Projects Fund, and WHEREAS, the City Council is willing to approve such application for funds upon the terms and conditions set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The City Council does hereby find and determine that the Colorado State Patrol's application for funds meets and complies with the criteria and standards established by Ordinance No. 5742 and will create employment opportunities justifying the expenditure of public funds. SECTION 2 The Agreement dated April 22, 1996 between Pueblo, a municipal corporation and the Colorado State Patrol, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is authorized and directed to affix the seal of the City thereto and attest same. SECTION 3 Funds in an amount not to exceed $125,000 are hereby authorized to be expended and made available to the Colorado State Patrol out of the 1992 -2001 Sales and Use Tax Capital Improvement Projects Fund for the sole purpose of reimbursing it for the cost of the job creating capital improvement project described in the attached Agreement. The funds hereby authorized to be expended shall be released and paid by the Director of Finance to the Colorado State Patrol after receipt by the Director of Finance of written requests for payment required by paragraph 2(b) of the Agreement. SECTION 4 This Resolution shall become effective upon final passage. INTRODUCED: April 22, 1996 ATTEST: City Clerk By Samuel Corsentino Councilperson APPROVED: Presi ent of the City Council IPM AGREEMENT THIS AGREEMENT entered into as of April 22, 1996 between Pueblo, a municipal corporation (the "City ") and the Colorado State Patrol, a division of the Department of Public Safety of the State of Colorado (the "State Patrol "), WITNESSETH: Recitals 1. The State Patrol intends to consolidate its communication activities for the southeastern region of the State of Colorado in the State Patrol's communication center to be located within the City (the "Consolidation "). 2. The Consolidation will be accomplished in two phases, both of which will entail the remodeling and expansion of State Patrol's facilities within the City. 3. It is anticipated that the Consolidation will result in the creation of between 26 and 30 full time jobs within the City. 4. The City of Pueblo has committed $125,000 for the remodeling and expansion of the State Patrol's facilities within the City in order to financially assist the State Patrol in the Consolidation. Agreement In consideration of the foregoing Recitals and mutual covenants contained herein, City and State Patrol agree as follows: 1. State Patrol will undertake and complete the Consolidation in two phases. The first phase of the Consolidation will entail minor remodeling of the building located at 902 Erie, Pueblo, Colorado and will be undertaken by State Patrol during March 1996. The second phase of the Consolidation will entail the construction of a building on Erie Avenue, Pueblo, Colorado by the Colorado Department of Transportation which is anticipated to be completed during the spring of 1998. 2. City will make available to or for the benefit of State Patrol funds in the amount of $125,000 (the "City Funds ") to financially assist the State Patrol in the Consolidation. State Patrol shall spend or cause to be spent City Funds in furtherance of the Consolidation for the cost of remodeling and expanding the building within which the State Patrol's southeastern regional communication center will be located within the City (the "Improvements ") subject to and contingent upon: (a) All construction contracts for Improvements for which City Funds will be spent shall be awarded after competitive bidding which allows qualified local contractors an opportunity to reasonably participate in the competitive bidding procedures. (b) State Patrol filing with the Director of Finance of City written requests for payment certified by an authorized officer of State Patrol that (i) the amounts included in requests for payment have not been included in any prior request for payment, and (ii) the amounts requested are for the actual cost of Improvements, identifying the Improvements for which payment is sought, including certificates of the architect or general contractor that such Improvements have been installed or completed. 3. The financial obligations of the State Patrol and City under this Agreement in subsequent fiscal years are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 4. Any provision of this Agreement which requires the payment of money by the State of Colorado shall not be deemed valid until it has been approved by the State Controller or such assistant as he may designate. 5. This Agreement expresses the entire understanding of the parties and supersedes any and all prior dealings and commitments with respect to the subject matter of this Agreement and may not be amended except in writing signed by City and State Patrol. 6. This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado. 7. Any notices hereunder shall be sufficiently given if given personally or mailed by first class mail, postage prepaid, addressed: (a) if to City, City Manager, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, or (b) if to the State Patrol, 700 Kipling, Denver, Colorado, 80215; or to such other address as either party shall specify in written notice given to the other party. 8. Time is of the essence hereof. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, provided State Patrol may not assign this Agreement or any interest herein without the written approval of the City. Any assignment or attempted assignment of this Agreement by State Patrol without the written approval of the City shall be null and void. 9. The person signing this Agreement on behalf of State Patrol represent and warrant that such party and State Patrol have the requisite power and authority to enter into, execute, and deliver this Agreement and that this Agreement is a valid and legally binding obligation of State Patrol enforceable against State Patrol in accordance with its terms. yA 10. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Executed at Pueblo, Colorado, the day and year first above written. [SEAL; ATTEST: � City C1 PUEBLO, A MUNICIPAL CORPORATION By Preside of the City Council COLORADO STATE PATROL, ADIVISION OF THE DEPARTMENT OF PUBLIC SAFETY Name: L, 011 /1 Q- f w e S 4-'n h a I go- Title: a k z e —lp I'\ CIIY\ECONDEV�ST- PATRO�AGkEENCgT.WPD -� -