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HomeMy WebLinkAbout11114RESOLUTION NO. 11114 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO COUNTY, COLORADO RELATING TO THE SISTER CITY COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Intergovernmental Agreement Confirming and Ratifying the Sister City Commission dated as of September 24, 2007 between the City of Pueblo and Pueblo County, Colorado (the "Agreement "), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 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 directed to affix the seal of the City thereto and attest same. SECTION 3 This Resolution shall become effective upon final approval and passage. INTRODUCED September 24, 2007 BY Randy Thurston Councilperson APPROVED: a #?ESIDEINTof City Council ATTESTED BY: CITY CLERK Res. t 1 1 H o I D Background Paper for Proposed RESOLUTION AGENDA ITEM # ISA DATE: September 24, 2007 DEPARTMENT: OFFICE OF THE CITY MANAGER DAVE GALLI, CITY MANAGER DOUG FITZGERALD, ASSISTANT CITY MANAGER TITLE A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO COUNTY, COLORADO RELATING TO THE SISTER CITY COMMISSION ISSUE Should the City Council approve an Intergovernmental Agreement between the City and County of Pueblo related to the Sister City Commission? BACKGROUND The Sister City Commission has approached the City Council and the County Commissioners regarding the possibility of having an Intergovernmental Agreement (IGA) between both governmental agencies. The purpose of instituting an IGA is to partner with the County officials with respect to enhanced participation and cooperation of both governments and shared funding of the program. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT Funding will be determined by annual appropriation of the City Council and County Commissioners. Currently, the City appropriates $5,000 per year to the Sister City Commission. INTERGOVERNMENTAL AGREEMENT CONFIRMING AND RATIFYING THE SISTER CITY COMMISSION THIS INTERGOVERNMENTAL AGREEMENT ( "IGA ") is entered into as of September 24, 2007 between the City of Pueblo, a municipal corporation ( "City ") and Pueblo County, Colorado ( "County "). WHEREAS, Section 29 -1 -203, C.R.S. authorizes political subdivisions of the state to contract with one an other to provide any function, service or facility lawfully authorized to each of the contracting units, and WHEREAS, both City and County are authorized to establish commissions to promote greater friendship and understanding between of the United States and other nations through the medium of direct personal contacts. NOW, THEREFORE, the City and County agree as follows: 1. Commission and Purpose The currently existing Sister City Commission ( "Commission ") is confirmed and ratified by the City and the County for the purpose of affiliating with other communities in other nations of similar characteristics and mutual interest. No affiliation with communities other than Puebla, Mexico; Chihuahua, Mexico; Weifang, China; Lucca Sicula, Sicily; Bergamo, Italy; and Maribor, Slovenia shall be made by the Commission except after approval thereof by the City and the County. 2. Membership The membership of the Commission shall consist of twelve (12) members. Six members shall be appointed by the City and six members shall be appointed by the County. Members shall be appointed for three -year terms and shall serve without compensation. Initial members shall be appointed and serve staggered terms as follows: City and County shall each appoint two members for one -year terms, two members for two -year terms and two members for three -year terms. A member may be removed at any time by the appointing entity for any reason. Vacancies shall be filled by the entity that appointed the member who creates a vacancy. 3. Bylaws The Commission shall adopt bylaws governing its operations and business. No bylaws or amendment thereto shall become effective until approved by the City and County. 4. Organization The Commission shall be organized as a Colorado nonprofit corporation independent and separate from the City and the County. The Commission shall become a tax- exempt entity under the Internal Revenue Code. 5. Funding The Commission may request funding from the City and the County for its operations. City and County shall in their individual sole discretion determine what funding, if any, either shall make available to the Commission. Nothing contained in this IGA shall in any manner obligate either the City or the County to make funding available to the Commission. 6. Liability 6.1 Neither the Commission nor any of its officers, directors, employees or agents are authorized or empowered to bind or commit the City or the County in any manner, including, without limitation, any contract or agreement. 6.2 Neither the City nor the County nor their governing bodies, officers, or employees shall be liable for any act or undertaking of the Commission regardless of the procedure by which such act or undertaking may be entered into, including the approval by either the City or the County. The Commission shall indemnify, defend and hold harmless the City and the County, their respective governing bodies, officers and employees from all claims, damages, suits, or injuries arising out of any act or omission of the Commission, its officers, agents or employees. 7. Termination This IGA may be terminated by either the City or the County upon sixty (60) days prior written notice given to the other party and the Commission specifying the date of termination. 8. Miscellaneous 8.1 This IGA shall become effective upon the date it is approved by the governing bodies of both the City and the County, and may be amended or modified in writing approved by the governing bodies of both the City and County. 8.2 This IGA shall be governed by and construed in accordance with the laws of the state of Colorado. 8.3 If any section, clause or provision of this IGA shall for any reason be determined to be invalid or unenforceable, such determination shall not affect any of the remaining sections, clauses or provisions of this IGA. 8.4 This IGA may not be assigned in whole or in part by either the City or the County. This IGA shall inure to the benefit of and be binding upon the City and the County and their respective successors. 8.5 Nothing in this IGA express or implied is intended or shall be construed to confer upon any person, firm or corporation other than the City and the County any right, remedy or claim under or by reason of this IGA. 8.6 This IGA may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same agreement. 8.7 Nothing in this IGA shall be deemed or construed to limit, impair or restrain any of the powers and authority of the City or the County conferred by constitution, statute, charter or other laws, which powers include but are not limited to, the lawful exercise of their respective legislative powers. Executed as of the day and year first above written. BOARD OF COUNTY COMMISSIONERSPUEBLO, A MUNICIPAL CORPORATION OF PUEBLO COUNTY, COLORADO Approved as to form: County Attorney By A& YresideiA of the City Council Attest: o- City Clerk Approved as to form: City Attorney