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HomeMy WebLinkAbout08683ORDINANCE NO. 8683 AN ORDINANCE APPROVING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF PUEBLO COMMUNITY COLLEGE AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Intergovernmental Agreement between the State of Colorado, Department of Higher Education, State Board for Community Colleges and Occupational Education, for the use and benefit of Pueblo Community College, and the City of Pueblo, a Municipal Corporation, dated December 23, 2013 (the "Amendment"), 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 the Amendment 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. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and attached Amendment which are necessary to effectuate the transactions described therein. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: December 9, 2013 BY: Chris Kaufman PASSED AND APPROVED: December 23, 2013 Background Paper for Proposed ORDINANCE DATE: December 9, 2013AGENDA ITEM # R-4 DEPARTMENT: Law Department Daniel C. Kogovsek, City Attorney TITLE AN ORDINANCE APPROVING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF PUEBLO COMMUNITY COLLEGE AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION ISSUE Should City Council approve an Ordinance extending the term, by one year, of an Intergovernmental Agreement with Pueblo Community College for provision of cablecasting and PEG channel management services? RECOMMENDATION Approve the Ordinance. BACKGROUND The Franchise Agreement entered into between the City and Comcast of Colorado IV, LLC ("Comcast") is currently set to expire on December 22, 2014. The City intends to negotiate a new Franchise Agreement with Comcast prior to the expiration date. The Amendment to the Intergovernmental Agreement extends the term of the agreement for an additional year, until December 31, 2014, while the new Franchise Agreement with Comcast is being negotiated. PCC will continue to provide cablecasting of City Council meetings for $2,500 per month during 2014. FINANCIAL IMPACT The $2,500 monthly fee for cablecasting Council meetings has been appropriated and budgeted in the 2014 budget. AMENDMENT TO INTERGOVERNMENTAL AGREEMENT This Amendment to an Intergovernmental Agreement ( "Amendment ") dated as of December 23, 2013, by and between the State of Colorado, Department of Higher Education, State Board for Community Colleges, for the use and benefit of Pueblo Community College (hereinafter referred to as "PCC ") and the City of Pueblo, a municipal corporation (hereinafter referred to as "City "), WITNESSETH, RECITALS A. PCC and City are parties to an Intergovernmental Agreement dated March 1, 2010 (hereinafter referred to as "IGA ") pursuant to which PCC has operated as a designated access- provider for the PEG channels provided under the City's Franchise Agreement with Comcast of Colorado IV, LLC (hereinafter referred to as "Comcast"). The IGA is currently set to expire December 31, 2013 and the parties wish to extend and amend the IGA as set forth herein. B. The Franchise Agreement between the City and Comcast is currently set to expire on December 22, 2014 and the City intends to negotiate a new Franchise Agreement with Comcast prior to the expiration date. AGREEMENT In consideration of the foregoing Recitals and mutual covenants contained herein, PCC and City agree as follows: 1. Section 4 (Term of Agreement) of the IGA is amended read in its entirety as follows: The term of this Agreement shall be from February 22, 2010 to December 31, 2014 unless sooner terminated as herein provided. 2. Except as expressly amended by this Amendment, the terms and conditions of the IGA dated March 1, 2010 shall remain in force and effect. IN WITNESS WHEREOF, the parties have entered into this Amendment the day and year first written above. STATE OF COLORADO CITY OF PUEBLO A MUNICIP_ • _ ' 0 ' ' ORATI • for the use and benefit of STATE BOARD FOR COMMUNITY 4111 COLLEGES AND OCCUPATIONAL EDUCATION President of the City Council John Hickenlooper, Governor AT By: Pueblo Community College Name: fi Ildir� ' ity Clerk I Title: C.vN rrAol -L- 1Z- APPROVED AS TO FORM: City Attorney APPROVED: STATE CONTROLLER By: Pueblo Community Colle Title: Controfler 3 -/ 5 .4 E-:f 5 7 F s c c 2 Date: / ' ( 7