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Home My WebLink About09546ORDINANCE NO. 9546 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO URBAN RENEWAL AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement (“IGA”) between the City of Pueblo, Colorado, a Colorado municipal corporation and the Pueblo Urban Renewal Authority, a body corporate and politic of the State of Colorado, dated September 9, 2019, a copy of which is attached hereto and incorporated herein by this reference and having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver the aforesaid IGA in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached IGA, which are necessary or appropriate to implement the transactions described therein. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council, nunc pro tunc September 1, 2019. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 26, 2019 . Final adoption of Ordinance by City Council on September 9, 2019 . President of City Council Action by the Mayor: □ Approved on . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-12 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 26, 2019 TO: President Dennis E. Flores and Members of City Council VIA: Brenda Armijo, City Clerk FROM: Mayor Nicholas A. Gradisar SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO URBAN RENEWAL AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SUMMARY: Attached is an Ordinance approving and authorizing the Mayor to sign an Intergovernmental Agreement (“IGA”) with the Pueblo Urban Renewal Authority (“PURA”). PREVIOUS COUNCIL ACTION: The City and PURA have entered into many IGA’s and Cooperation Agreements for various Urban Renewal projects in the past. BACKGROUND: PURA employs Tony Acri (“Engineer”) who is a licensed professional engineer and who has particular knowledge and experience which may be beneficial to the City with respect to certain projects of the City. The City anticipates that from time to time it would benefit from the services of the Engineer with respect to professional engineering services and related assistance which the City’s current staffing may not be able to meet in a timely fashion. PURA and the City have agreed that the Engineer will provide professional engineering services and related assistance to the City, on an as needed basis. FINANCIAL IMPLICATIONS: In exchange for the services of the Engineer, the City has agreed to pay PURA the amount of $4,000.00 per month with the first monthly payment commencing on September 1, 2019. The IGA may be terminated on thirty (30) days prior notice by either the City or PURA. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: City staff have cooperated with PURA staff to negotiate the terms of the IGA. ALTERNATIVES: If this Ordinance is not approved, the City will be unable to use the services of Mr. Acri, on an as needed basis. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance, proposed IGA INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO URBAN RENEWAL AUTHORITY TO PROVIDE PROFESSIONAL ENGINEERING SERVICES This Agreement is made effective September 9, 2 01 9, by and between the City of Pueblo, Colorado, a Colorado municipal corporation (the "City"), and the Pueblo Urban Renewal Authority, a body corporate and politic of the State of Colorado (the "Authority"). The City and Authority are sometimes referred to herein collectively as the "Parties" and each individually as a "Party." Y• RECITALS WHEREAS,the Authority employs Tony Acri("Engineer")who is a licensed professional engineer and who has particular knowledge and experience that may be beneficial to the City with respect to certain projects of the City; and WHEREAS,the City anticipates that from time to time it would benefit by the services of Engineer with respect to professional engineering services and related assistance which the City's current staffing may not be able to meet in a timely fashion; and WHEREAS, the City and the Authority desire to enter into this Intergovernmental Agreement whereby the Authority will provide, on an as needed basis, professional engineering services and related assistance by Engineer; and WHEREAS, Sections 18 (2)(a) and (2)(b) of Article XIV of the Colorado Constitution and section 29-1-203 and section 31-25-112 of the Colorado Revised Statutes,authorize the Parties to contract and cooperate with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting government units, including the sharing of costs. NOW, THEREFORE, in consideration of the mutual agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Termination. This Agreement may be terminated by either Party on thirty (30) days prior written notice to the other Party. In addition to the foregoing, this Agreement shall automatically terminate on the date Engineer ceases to be employed by Authority. 2. Services. Upon request by the Director of Public Works of the City, the Authority shall assign Engineer to provide professional engineering services and related assistance to the City. During such work assignments, Engineer shall remain an employee of the Authority for all purposes. Data, plans, reports and all other documents prepared or provided by Engineer pursuant to this Agreement, shall become the sole property of the City and the City shall be vested with all rights therein of whatever kind or nature and however created, whether by common law, statute or 1 equity. The City shall have access at all reasonable times to inspect and make copies of all notes, plans, reports and all other data or other documents pertaining to the work to be performed under this Agreement. In no event shall Engineer or Authority publish work product developed pursuant to this Agreement except (i) with advance written consent of City, which consent may be granted or withheld in City's sole and absolute discretion and (ii) in full compliance with the requirements of this Agreement and applicable federal, state or local regulations. 3. Compensation. In exchange for services herein provided, the City shall pay Authority the amount of Four Thousand Dollars ($4,000.00) per month with the first monthly payment commencing on September 1, 2019. The payment obligation of the City shall cease on the effective date of termination and shall be prorated if such occurs other than on the last day of the month, and Authority shall remit and pay to City any prorated amount, if applicable. 4. Notices. Any notice required by this Agreement shall be sent in writing by United States Mail, first class postage prepaid. All notices made pursuant to this Agreement shall be made to the following addresses: In the case of the City. Mayor, 1 City Hall Place, 2nd Floor, Pueblo, CO 81003 with a copy to City Attorney, 1 City Hall Place, 3rd Floor, Pueblo, CO 81003 In the case of the Authority, Pueblo Urban Renewal Authority, 115 East Riverwalk, Suite 410, Pueblo, CO 81003, with a copy to Paul C. Benedetti, 2730 Iliff Street, Boulder, CO 80305. 5. Assigns/Transfers. No Party shall assign or otherwise transfer this Agreement or any right or obligation hereunder without prior written consent of the other Party. 6. Personnel Control and Liability. Nothing in this Agreement shall be construed to place the Engineer under the control or employment by the City. The Authority remains responsible for all work, pay, entitlement, employment decisions and workers' compensation liabilities for the Engineer. 7. No Third Party Beneficiaries; No Waiver 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, §24-10-101, et seq., C.R.S. 8. 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. 9. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and all other representations or statements made, verbal or written, are merged herein, and this Agreement may be amended only in writing, and executed by duly authorized representatives of the Parties. 2 10. Authorized Administrators and Necessary Authority. 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. IN WITNESS WHEREOF, the Authority and the City have caused the Agreement to be duly executed as of the day first above written. THE PUEBLO URBAN RENEWAL AUTHORITY ATTEST: Donald J. Bann r, Chair Jerry Pace.- o, Secretary CITY OF PUEBLO, COLORADO, A COLORADO MUNICIPAL CORPORATION ATTEST: 4a-44/- (-?64434#'4Y; Nicholas A. Gra ' ar Mayor oJ Brenda Armijo City Clerk 3