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ORDINANCE NO. 9754
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN AMENDMENT NO. 1 TO THE
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,
RELATING TO PROFESSIONAL ENGINEERING SERVICES
PROVIDED TO THE CITY BY TONY ACRI, P.E.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment No. 1 to Intergovernmental Agreement (“Amendment”) 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 July 27, 2020, 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 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 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 Amendment, 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 July 1, 2020.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 13, 2020 .
Final adoption of Ordinance by City Council on July 27, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on July 30, 2020 .
□ 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: July 13, 2020
TO: President Dennis E. Flores and Members of City Council
VIA: Brenda Armijo, City Clerk
FROM: Mayor Nicholas A. Gradisar
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT NO. 1 TO THE 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, RELATING TO
PROFESSIONAL ENGINEERING SERVICES PROVIDED TO THE CITY BY
TONY ACRI, P.E.
SUMMARY:
Attached is an Ordinance approving and authorizing the Mayor to sign an Amendment No. 1 to
an Intergovernmental Agreement (“IGA”) with the Pueblo Urban Renewal Authority (“PURA”).
PREVIOUS COUNCIL ACTION:
On September 9, 2019, by Ordinance No. 9546, City Council approved an IGA with PURA in
which the City agreed to pay PURA for engineering services provided to the City by Tony Acri,
P.E. who is employed by PURA.
BACKGROUND:
Tony Acri is a licensed professional engineer and has particular knowledge and experience which
has been beneficial to the City with respect to certain projects of the City. Under the September
9, 2019 IGA, the City has paid PURA for Mr. Acri’s services at the rate of $4,000 per month. The
City plans to assign Mr. Acri substantially more City work between July 1, 2020 and the end of
this year, necessitating an increase in monthly payments by the City to PURA.
FINANCIAL IMPLICATIONS:
Under the attached Amendment No. 1 to the IGA, the City has agreed to increase the amount of
monthly payments to PURA from $4,000 per month to $8,000 per month effective July 1, 2020.
Under the attached Amendment No. 1, the IGA may still 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 assign more City engineering work to
Mr. Acri.
RECOMMENDATION:
Approve the Ordinance.
Attachments: Proposed Ordinance, proposed Amendment No. 1 to IGA
AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT
1.0 PARTIES. This Amendment No. 1 to Intergovernmental Agreement ("Amendment No.
1"), is made and entered into as of July 27, 2020, with an effective date of July 1, 2020, by and
among the CITY OF PUEBLO,a home-rule municipality and Colorado municipal corporation(the
"City")and the PUEBLO URBAN RENEWAL AUTHORITY,a body corporate and politic of the
State of Colorado (the "Authority"). The parties are sometimes referred to herein collectively as
the "Parties" and individually as a"Party".
2.0 RECITALS. The following recitals are incorporated in and made a part of this
Amendment No. 1.
2.1 Intergovernmental Agreement. The Parties entered into an agreement entitled
Intergovernmental Agreement dated September 9, 2019 (the "Agreement"), to provide for
payments by the City to the Authority for professional engineering services rendered for the benefit
of the City, by the Authority's employee, Tony Acri, P.E.
2.2 Purpose of Amendment No. 1. The Parties are entering into this Amendment No.
1 to increase the amount of the payments under the Agreement from $4,000 per month to $8,000
per month.
3.0 AGREEMENT. In consideration of the mutual covenants, agreements, and promises in
this Amendment No. 1 and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties agree as set forth in this Amendment No. 1.
4.0 DEFINITIONS. Unless otherwise stated herein, all capitalized terms in this Amendment
No. 1 shall have the meaning set forth in the Agreement.
5.0 REVISION OF SECTION 1. The Parties agree Section 1 of the Agreement is deleted in its
entirety and replaced by the following:
Termination. This Amendment No. 1 shall terminate on December 31, 2020. In addition, this
Amendment No. 1 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.
6.0 REVISION OF SECTION 3. The Parties agree Section 3 of the Agreement is deleted in its
entirety and replaced by the following:
Compensation. In exchange for services herein provided, the City shall pay Authority the amount
of Eight Thousand Dollars ($8,000.00)per month with the first monthly payment commencing on
July 1, 2020. 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
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remit and pay to City any prorated amount, if applicable.
7.0 EFFECT OF AMENDMENT. Except as modified by this Amendment No. 1, the
provisions of the Agreement shall remain unchanged and in full force and effect and fully binding
on the Parties, their successors and assigns, and the Agreement and this Amendment No. 1 shall
be construed together as a single integrated document.
8.0 MINOR CHANGES. The Parties executing this Amendment No. 1 are authorized to
make non-substantive corrections to this Agreement as the Parties mutually consider necessary.
IN WITNESS WHEREOF,this Amendment No. 1 is executed by the Parties hereto in their
respective names as of the date first above written.
THE PUEBLO URBAN RENEWAL AUTHORITY
ATTEST:
fpChair
Secreta p,-
CITY OF PUEBLO, COLORADO, A COLORADO
MUNICIPAL CORPORATION
2olas A. Gradisar
Mayor
ATTEST:
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Brenda Armijo
City Clerk
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