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