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Home My WebLink About12068 RESOLUTION NO. 12068 A RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE NATURE AND RAPTOR CENTER OF PUEBLO, INC., FOR MAINTENANCE OF THE ONSITE SANITARY SEWER SYSTEM WHEREAS, the City of Pueblo and the Nature and Raptor Center of Pueblo, Inc. have negotiated Amendment No. 2 to the Management Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Amendment to the Agreement between Pueblo, a Municipal Corporation, and the Nature and Raptor Center of Pueblo, Inc. is hereby approved. The President of City Council is authorized and directed to execute the Agreement and the City Clerk is authorized and directed to attest same and affix the seal of the City thereto. SECTION 2. This Resolution shall become effective upon passage and approval. INTRODUCED: January 24, 2011 BY: Larry Atencio Background Paper for Proposed RESOLUTION # M-9 AGENDA ITEM DATE: January 24, 2011 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE NATURE AND RAPTOR CENTER OF PUEBLO, INC., FOR MAINTENANCE OF THE ONSITE SANITARY SEWER SYSTEM ISSUE Should the City Council approve an amendment to an agreement between Pueblo a Municipal Corporation and the Nature and Raptor Center of Pueblo, Inc. for the maintenance of the onsite sanitary sewer system? RECOMMENDATION Approve this Resolution. BACKGROUND In 2004 the City of Pueblo entered into an agreement with the Greenway and Nature Center of Pueblo, Inc. (now known as Nature and Raptor Center of Pueblo, Inc.) for the management of the Nature and Raptor Center. The agreement required the Nature and Raptor Center to maintain all improvements on the property. However, due to the age and condition of the sanitary sewer facilities, the Center was not able to properly maintain the system. Under the proposed amendment to the agreement, the Wastewater Department will maintain the sanitary sewer system at the Nature and Raptor Center, which may include replacement of the sanitary sewer lines and rehabilitation of lift stations. The Nature and Raptor Center will continue to maintain its grease traps and pay the costs of the electricity necessary to operate lift station. FINANCIAL IMPACT The Wastewater Department anticipates that the costs for the first year, which will include replacement of lines and lift station rehabilitation, will be $106,800. These funds have been budgeted and appropriated from the Sewer User Fund. Wastewater anticipates that the annual costs thereafter will be approximately $5,000. AMENDMENT NO 2 TO MANAGEMENT AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND NATURE AND RAPTOR CENTER OF PUEBLO, INC , A COLORADO NON - PROFIT CORPORATION THIS AMENDMENT NO 2, dated January 24 , 2011 is between Pueblo, a Municipal Corporation ( "City ") and Nature and Raptor Center of Pueblo, Inc , a Colorado Non - Profit Corporation (formerly known as Greenway and Nature Center of Pueblo, Inc., a Colorado non -profit corporation) ( "Manager ") WHEREAS, City and Manager entered into a Management Agreement dated as of June 1, 2004 relating to the management of the Nature Center ( "Management Agreement "), WHEREAS, City and Manager entered into Amendment No 1 to the Management Agreement dated June 25, 2007 ( "Amendment No 1"), WHEREAS, Manager is now known as the "Nature and Raptor Center of Pueblo," a Colorado Non -Profit Corporation, WHEREAS, Manager exercised its right to extend the Management Agreement to December 31, 2014 by giving notice to the City of its exercise of the option in a letter to the City Manager November 20, 2009 and acknowledged by the City Manager on November 23, 2009, and WHEREAS, City and Manager desire to amend the Management Agreement upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, City and Manager agree as follows 1 Section 8 of the Management Agreement is amended by the addition of new subsections 8 7, 8 8, and 8 9, which shall read as follows 8 7 City shall maintain the lift station, force main septic line, gravity line, and leach field shown in the diagram attached and incorporated as Exhibit "A," necessary to move sewage from the Nature Center and Raptor Center to the leach field shown in Exhibit "A." 8 8 City shall permit Manager to connect Nature Center plumbing to the lift station and force main septic line shown in Exhibit "A" at Manager's expense City shall permit Manager to continue the connection from the Raptor Center to the gravity line shown in Exhibit "A," and 1 8 9 The force main septic line, gravity line, and lift station shown in the diagram attached and incorporated as Exhibit "A" shall remain the property of the City 2. Section 9 of the Management Agreement is amended by the addition of new subsection 9 1, 9.2, 9.3, 9 4, and 9.5, which shall read as follows. 9 1 Manager shall maintain and repair the grease interceptors, drains, and plumbing, at the Nature Center and Raptor Center by performing at least the following maintenance and repairs. (a) At the Nature Center pumping, cleaning, repairing, and inspecting the grease interceptor and all pipes, elbows, baffles, and vents associated with the grease interceptor at least once annually; and (b) At the Raptor Center cleaning, repairing and inspecting the plumbing and outflow to the gravity line shown in Exhibit "A" at least annually 9.2 Manager shall enter into and maintain in place throughout the term of this Management Agreement a continuing written contract with a firm, which is, in the City's sole and absolute discretion, qualified to perform the maintenance and repairs required in Section 9 1 of this Amendment No 2 The contract shall expressly provide that the firm shall perform the maintenance and repairs required in Section 9 1 of the Management Agreement as amended by this Amendment No 2 9 3 Manager shall provide the City's Wastewater Enterprise with a copy of the contract required in Section 9.2 of this Amendment No 2 within 60 days after this Amendment No 2 is executed by all parties and on the anniversary of such execution every year thereafter that the Management Agreement remains in place 9 4 Manager shall pay all costs associated with the repairs and maintenance required in Section 9 1 and 9.2 of the Management Agreement as amended by this Amendment No 2 9 5 Manager shall pay all electrical utilities necessary to provide power to the lift stations shown in Exhibit "A." 2 4 3 All other terms of the Management Agreement, as modified by Amendment No 1, remain unchanged. 4 The Management Agreement as modified by Amendment No 1 and this Amendment No 2 shall remain in full force and effect, binding upon and inuring to the benefit of City and Manager and their respective successors and approved assigns. Executed in Pueblo, Colorado and day and year first above written. CITY OF PUEBLO, NATURE AND RAPTOR CENTER A MUNICIPAL CORPORATION OF PUEBLO, INC., A COLORADO NON - PROFIT CORPORATION ! , BY I\ ....�'� Presi • ent if th City Council Presid nt Attest: Attest. City lerk APPROVED AS TO FORM. - 7 - 4 0 ••/ City Atto ,i 1 3