HomeMy WebLinkAbout08507ORDINANCE NO. 8507
AN ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS
IN THE AMOUNT OF $109,490 FROM PROJECT CP1021
SOFTBALL COMPLEX TO THE OUT OF CYCLE REQUESTS
ACCOUNT, APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE PUEBLO CITY-
COUNTY LIBRARY DISTRICT, AND AUTHORIZING THE
PRESIDENT OF COUNCIL TO EXECUTE THE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Funds in the amount of $109,490 are hereby transferred from the Softball Complex
Project No. CP1021 to the Out of Cycle Requests Account.
SECTION 2.
An Intergovernmental Agreement between the City of Pueblo, a Municipal
Corporation, and the Pueblo City-County Library District providing $109,490 in City funds for
the East Side Library Branch Project, a copy of which is attached hereto having been
approved as to form by the City Attorney, is hereby approved.
SECTION 3.
Funds are made available to the City-County Library District pursuant to the
Intergovernmental Agreement, subject to and contingent upon sufficient appropriations
being made for obligations performed in City Fiscal years after 2012.
SECTION 4.
The President of City Council is hereby authorized to execute and deliver said
Intergovernmental Agreement in the name of and on behalf of the City of Pueblo, a
Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest
the same.
INTRODUCED: August 13, 2012
BY: Sandy Daff
COUNCIL PERSON
PASSED AND APPROVED: August 27, 2012
Background Paper for Proposed
ORDINANCE
DATE: AUGUST 13, 2012 AGENDA ITEM # S-7
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF
$109,490 FROM PROJECT CP1021 SOFTBALL COMPLEX TO THE OUT OF CYCLE
REQUESTS ACCOUNT, APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
PUEBLO CITY-COUNTY LIBRARY DISTRICT, AND AUTHORIZING THE PRESIDENT
OF COUNCIL TO EXECUTE THE SAME
ISSUE
Should City Council approve the transfer funds in the amount of $109,490 from the
Softball Complex Project CP10221 to the Out of Cycle Requests Account and approve
an Intergovernmental Agreement between the City and the Pueblo City-County Library
District that provides funding for the construction of an East Side Library Branch?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
At the July 30, 2012 Work Session, Jon Walker, Executive Director of the Pueblo City-
County Library District (“Library District”) made a presentation to the City Council
requesting funds to assist in the construction of an East Side Library Branch. Mr.
Walker estimates the total land acquisition costs are approximately $390,000 and
construction costs are estimated at $2,000,000. Mr. Walker requested that the City
provide $109,490 to the Library District for the proposed Project. City Council directed
Administration to prepare an Ordinance allowing for the transfer of $109,490 from the
Softball Complex funds to be provided for the East Side Library Project.
FINANCIAL IMPACT
Funds in the amount of $109,490 will be transferred from Project CP1021 Softball
Complex to the Out of Cycle Requests Account to assist the Library District with the
eligible costs related to the construction of the East Side Library Project. If the transfer
of funds is approved, the remaining balance in the Softball Complex Project will be
$271,988.
INTERGOVERNMENTAL AGREEMENT
This Agreement ( "Agreement ") is made this 27th day of August , 2012
by and between the City of Pueblo, a Municipal Corporation, a Colorado home rule city
( "City ") and the Pueblo City- County Library District, organized pursuant to the provisions
of C.R.S. § 24 -90 -101, et seq. ( "Library").
RECITALS
WHEREAS, Library has represented to City that it intends to design, construct,
and operate a Library facility ( "Project ") located between 7 and 8 Streets and
Monument Avenue to serve an area known as the Eastside neighborhood within the
City of Pueblo.
WHEREAS, City is willing to contribute funds in the amount of $109,490 to aide
in the Library's cost of land acquisition, design, and construction of the Project through
its procurement and contracting procedures, independent of any City contracting.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants
contained herein, City and Library agree as follows:
TERMS AND CONDITIONS
SECTION 1. LIBRARY REPRESENTATIONS. Library warrants and represents that:
1.1 Library is duly organized and validly exists in good standing pursuant to
the provisions of C.R.S. § 24 -90 -101, et seq., has all necessary power and authority to
enter and perform the covenants and agreements on its part to be performed under this
Agreement, and by proper action has duly authorized the execution and performance of
this Agreement.
SECTION 2. GENERAL.
2.1 Library will cause the design and construction of the Project to be
completed in accordance with plans and specifications approved through the permitting
processes of the Department of Planning and Community Development and Pueblo
Regional Building Department and appropriate Federal, State, and local regulatory
agencies.
SECTION 3. CONTRACTS FOR LAND ACQUISITION, DESIGN AND
CONSTRUCTION; PAYMENTS.
3.1 City will not enter into contracts for land acquisition, design and
construction of the Project and City will not become obligated to make payments under
any such contracts ( "Contract Payments "). Library. shall be the only party obligated
under any land acquisition, design, or construction contracts for the Project.
3.2 Subject to Library's performance of its obligations under this Agreement,
the City will contribute One Hundred Nine Thousand Four Hundred Ninety Dollars
($109,490) toward the land acquisition, design, and construction of the Project. These
funds shall be held by the City in a special capital project account solely for this
purpose. As Library incurs costs for the Project, Library shall submit requests for City
funds according to the following schedule: Request No. 1 - upon acquisition of the land
necessary for the project, 50% of the City contribution ($54,745) and Request No. 2 —
upon the completion of the construction of the project, the remaining 50% of the City
contribution. Requests for payment to the City shall be made by Library's Executive
Director documenting acquisition of the land and completion of construction. City shall
disburse the requested funds directly to Library, which shall then become Library funds.
The disbursement shall take place not later than thirty days after the request for
payment is made.
3.3 Library shall pay and disburse Library funds for contract payments solely
to such persons or entities as needed to complete the Project.
SECTION 4. MISCELLANEOUS.
4.1 Relationship. Nothing in this Agreement is intended to, or shall be
deemed to constitute, a partnership or joint venture between the Parties, or to create
any agency or partner relationship between the Parties. Neither Party shall hold itself
out as a partner, joint venture, agent, or representative of the other under this
Agreement.
4.2 Additional Documents or Action. The Parties agree to execute any
additional documents or take any additional action that may be necessary to carry out
this Agreement.
4.3 Assignment. This agreement shall not be assigned by Library without the
prior written consent of the City, which consent may be granted, denied, or conditioned
in City's sole and absolute discretion.
4.4 Force Majeure. Any delays in or failure of performance by any party of its
obligations under this Agreement shall be excused if such delays or failure are a result
of acts of God, fires, floods, storms, lightning strikes, labor strikes, labor disputes,
accidents, regulations or orders of civil or military authorities, shortages of labor or
materials, or other causes, similar or dissimilar, which are beyond the control of such
party.
4.5 Binding Effect. This Agreement shall inure to the benefit of, and be
binding upon, the Parties, their respective legal representatives, successors, and
assigns; provided, however, that nothing in this paragraph shall be construed to permit
the assignment of this Agreement except as otherwise expressly authorized herein.
4.6 Section Captions. The captions of the Sections in this Agreement are set
forth only for the convenience and reference of the Parties and are not intended in any
way to define, limit or describe the scope or intent of this Agreement.
4.7 Integration, Severability, Amendment, and Counterparts. This Agreement
represents the entire agreement between the Parties and supersedes all prior
discussions and written agreements or understandings. This Agreement may be
amended only by an instrument in writing signed by the Parties. If any provision of this
Agreement is held invalid or unenforceable, no other provision shall be affected by such
holding, and all of the remaining provisions of this Agreement shall continue in full force
and effect. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which together constitute one and the same
agreement.
4.8 No Third Party Beneficiaries; No Waive of Immunities. Nothing in this
Agreement is intended, nor should it be construed, to create any rights, claims, or
benefits or assume any liability for or on behalf of any third party, or to waive any
immunities or limitations conferred under federal or state law, including but not limited to
the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101 et seq.
4.9 Waiver of Breach. A waiver by any party to this Agreement of the breach
of any term or provision of this Agreement shall not operate or be construed as a waiver
of any subsequent breach by either party.
4.10 Governing Law and Venue. This Agreement shall be governed by the
laws of the State of Colorado. Venue for any action arising under this Agreement or for
the enforcement of this Agreement shall be in a state court with jurisdiction located in
Pueblo County, Colorado.
4.11 Authority of Signers. Each person signing this Agreement on behalf of a
party represents and warrants that he or she has the requisite power and authority to
enter into, execute, and deliver this Agreement on behalf of such party and that this
Agreement is a valid and legally binding obligation of such party enforceable against it
in accordance with its terms.
4.12 This Agreement is expressly made subject to and contingent upon
sufficient appropriations being made for obligations under the Agreement which will or
may be performed in City Fiscal years after 2012.
Executed this 27th day of August , 2012.
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By ..a1/
Pre ':e t of th. City Council
ATTEST:
City Clerk
Approved as to form:
-7 //;15 7
C ty Attorney
PUEBLO CITY - COUNTY LIBRARY DISTRICT
By:
Board President