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Home My WebLink About09916 ORDINANCE NO. 9916 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NO. 3 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. 3 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 April 13, 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 to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on April 12, 2021 . Final adoption of Ordinance by City Council on April 26, 2021 . President of City Council Action by the Mayor: ☒ Approved on May 3, 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-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 12, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Belinda Kimball, Acting City Clerk FROM: Andrew E. Hayes, P.E., Director of Public Works SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NO. 3 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 Agreement No. 3 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. On January 11, 2021, by Ordinance No. 9863, City Council approved Amendment No. 2 extending the City’s agreement with PURA for six months through June 30, 2021 and reducing monthly payments to $6,000 for professional engineering services received from 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 expired on December 31, 2020 and Amendment No. 2 extended the agreement by six (6) months and reduced monthly payments for services received to $6,000 for services rendered at no more than thirty (30) hours per week. Under this attached Amendment No. 3, the City intends to retain Mr. Acri’s services for up to an additional three (3) months and plans to maintain the amount of work assigned at a cost of $6,000 per month. FINANCIAL IMPLICATIONS: Under Amendment No. 2 to the IGA, the City previously agreed to reduce the amount of monthly payments to PURA from $8,000 per month to $6,000 per month. Amendment No. 3 will maintain the $6,000 monthly payments from the City to PURA for services rendered by Tony Acri through the end date of the agreement. Amendment No. 3 includes a clause that the agreement 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, IGA will terminate on June 30, 2021 and needed engineering services will no longer be provided by Tony Acri, P.E. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Amendment No. 3 to IGA AMENDMENT NO. 3 TO INTERGOVERNMENTAL AGREEMENT 1.0 PARTIES. This Amendment No. 3 to Intergovernmental Agreement ("Amendment No. 3"), is made and entered into as of April 13, 2021, with an effective date of July 1, 2021, 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. 3. 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 Amendment No. 2. The Parties entered into the Amendment No. 2 to extend the Agreement for six (6) months through June 30, 2021 and reduce the amount of payments under the Agreement from $8,000 per month to $6,000 per month. 2.4 Purpose of Amendment No. 3. The Parties are entering into this Amendment No. 3 to extend the Agreement for up to an additional three(3)months and maintain the amount of payments under the Agreement of$6,000 per month. 3.0 AGREEMENT. In consideration of the mutual covenants, agreements, and promises in this Amendment No. 3 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. 3. 4.0 DEFINITIONS. Unless otherwise stated herein, all capitalized terms in this Amendment No. 3 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. 2, is deleted in its entirety, and replaced by the following: Termination. This Amendment No. 3 shall terminate on September 30, 2021. In addition, this Amendment No. 3 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, as amended by Amendment No. 2, 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 July 1, 2021. The payment obligation of the City shall cease on the effective date of termination. 7.0 EFFECT OF AMENDMENT. The Agreement as amended by this Amendment No. 3 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. 3 are authorized to make non-substantive corrections to this Agreement as the Parties mutually consider necessary. IN WITNESS WHEREOF, this Amendment No. 3 is executed by the Parties hereto in their respective names as of the date first above written. THE PUEBLO URBAN RENEWAL AUTHW Executive Fir•c or mI /IP t Tro CITY OF PUEBLO, COLORADO, A COLORADO MUNICIPAL CORPORATION -fir 6 .m., Nicholas A. Gradisar Mayor ATTEST: City C