HomeMy WebLinkAbout09863ORDINANCE NO. 9863
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN AMENDMENT NO. 2 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. 2 to the Intergovernmental Agreement (“Agreement”) 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 January 11, 2021, 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 the 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 January 1, 2021.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on December 28, 2020.
Final adoption of Ordinance by City Council on January 11, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on January 13, 2021 .
□ 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-7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 28, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Steven Meier, Acting Director of Public Works
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT NO. 2 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:
The attached Ordinance approved and authorizing the Mayor to sign an Amendment No. 2 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 service provided to the City by Tony Acri,
P.E., who is employed by PURA.
On July 27, 2020, by Ordinance No. 9754, City Council approved Amendment No. 1 increasing
monthly payments to $8,000 for additional work assigned to Tony Acri.
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 July 27, 2020,
Amendment No. 1, the City increased the work assigned to Mr. Acri, and as such increased the
creased the monthly payment to $8,000. Amendment No. 1 is set to expire as of December 31,
2020. The City intends to retain Mr. Acri’s services for up to an additional six (6) months and plans
to reduce the amount of work assigned to no more than thirty (30) hours per week.
FINANCIAL IMPLICATIONS:
Under the attached Amendment No. 2 to the IGA, the City has agreed to reduce the amount of
monthly payments to PURA from $8,000 per month to $6,000 per month effective January 1,
2021. 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, IGA will terminate and needed engineering services will no
longer be provided by Tony Acri, P.E.
RECOMMENDATION:
Approve the Ordinance.
Attachments: Proposed Amendment No. 2 to IGA
AMENDMENT NO. 2 TO INTERGOVERNMENTAL AGREEMENT
1.0 PARTIES. This Amendment No.2 to Intergovernmental Agreement("Amendment No.
2"), is made and entered into as of January 11, 2021, with an effective date of January 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. 2.
2.1 Intergovernmental Agreement. The Parties entered into an agreement entitled
Intergovernmental Agreement dated September 9, 2019(the"Agreement),to provide for payment
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 Amendment No. 1. The Parties entered into the Amendment No. 1 to increase the
amount of payments under the Agreement from $4,000 per month to $8,000 per month.
2.3 Purpose of Amendment No. 2. The Parties are entering into this Amendment No.
2 to extend the Agreement for up to an additional six (6) months and reduce the amount of
payments under the Agreement from $8,000 per month to $6,000 per month.
3.0 AGREEMENT. In consideration of the mutual covenants, agreements, and promises in
this Amendment No. 2 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. 2.
4.0 DEFINITIONS. Unless otherwise stated herein, all capitalized terms in this Amendment
No. 2 shall have the meaning set forth in the Agreement.
5.0 REVISION OF SECTION 1. The Parties agree Section 1 of the Agreement, as amended
by Amendment No. 1, is deleted in its entirety, and replaced by the following:
Termination. This Amendment No. 2 shall terminate on June 30, 2021. In addition, this
Amendment No. 2 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 2. The Parties agree Section 3 of the Agreement, as amended
by Amendment No. 1, 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 Six Thousand Dollars ($6,000.00) per month with the first monthly payment commencing on
January 1,2021.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.
7.0 EFFECT OF AMENDMENT. The Agreement as amended by this Amendment No.2 shall
remain in full force and effect and be binding upon and inure to the benefit of City and Authority
and their respective successors and assigns.
8.0 MINOR CHANGES. The Parties executing this Amendment No.2 are authorized to make
non-substantive corrections to this Agreement as the Parties mutually consider necessary.
IN WITNESS WHEREOF,this Amendment No. 2 is executed by the parties hereto in their
respective names as of the date first above written.
THE PUEBLO • :AN RE EWAL
AUTHO' "
ATTEST:
Air"
irrd111
Chair /
Secreta
CITY OF PUEBLO, COLORADO, A
COLORADO MUNICIPAL CORPORATION
. � gfir •4.1
Nicholas A. ras tsar
Mayor
ATTEST:
--e)t12.r\Ctldt OLAAAAtie
Brenda Armijo
City Clerk