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ORDINANCE NO. 10254
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE
PUEBLO REGIONAL BUILDING DEPARTMENT FOR THE
SHARING OF COSTS RELATED TO THE PUEBLO MEANS
BUSINESS WEB-PORTAL, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement between the City of Pueblo, a Municipal Corporation,
and the Pueblo Regional Building Department, a body politic and corporate established pursuant to
C.R.S. 29-1-203, for the sharing of costs related to the Pueblo Means Business Portal, attached
hereto after having been approved as to form by the City Attorney, is hereby accepted and
approved.
SECTION 2.
The Mayor is hereby authorized to execute said Intergovernmental Agreement for and on
behalf 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 authorized to perform all acts consistent with the
intent of this Ordinance to implement the transaction 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 August 8, 2022 .
Final adoption of Ordinance by City Council on August 22, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on August 24, 2022 .
□ 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-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 8, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Lori Pinz, Director of Information Technology
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE PUEBLO REGIONAL BUILDING
DEPARTMENT FOR THE SHARING OF COSTS RELATED TO THE PUEBLO
MEANS BUSINESS WEB-PORTAL, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
SUMMARY:
This Ordinance approves the attached Intergovernmental Agreement (IGA) between the City of
Pueblo and the Pueblo Regional Building Department (PRBD) for cost sharing related to the
Pueblo Means Business (PMB) web-portal.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The City of Pueblo has been participating in the “Pueblo Means Business” initiative along with
PRBD, Pueblo County, and Pueblo West Metro District. The purpose of this IGA is to establish
the terms and conditions under which the PMB web-portal will be funded and used, as agreed to
by and between the City and PRBD. PRBD has agreed to acquire a cloud-based solution specific
for this initiative called Camino. The Portal will be developed and used to navigate the websites
and platforms of participating local government agencies to better facilitate new and continued
business within the community, aiding economic development and expansion. PMB and the Portal
will involve and require a financial commitment from PRBD, the City, County of Pueblo, and
Pueblo West Metro District. Each of these four local government entities agrees and intends to
provide twenty-five percent (25%) of the funds required to procure and maintain the Camino
solution. This IGA is between the City and PRBD, and the County of Pueblo and the Pueblo West
Metro District are not parties to this IGA. PRBD intends to enter into separate agreements
regarding the Portal with the County of Pueblo and the Pueblo West Metro District.
FINANCIAL IMPLICATIONS:
Annual support and maintenance costs will be required. Funding will be requested and
appropriated during the City’s annual budget process.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Pueblo Regional Building Department Board of Commission.
ALTERNATIVES:
If City Council does not approve this Ordinance, the City of Pueblo will not participate in the PMB
web-portal.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Intergovernmental Agreement between the City of Pueblo and the Pueblo Regional Building
Department
Intergovernmental Agreement
This Intergovernmental Agreement (hereinafter referred to as "IGA") is made and
entered into on this 32' day of 41,0.1-, 2022 ("Effective Date"), by and between the City
of Pueblo, a Municipal Corporation, with an address of 1 City Hall Place, Pueblo, Colorado
81003 (hereinafter referred to as "City") and the Pueblo Regional Building Department, a
body politic and corporate established pursuant to C.R.S. 29-1-203, with an address of 830
N. Main Street, Pueblo, Colorado 81003 (hereinafter referred to as "PRBD").
1. Purpose. The purpose of this IGA is to establish the terms and conditions
under which the Pueblo Means Business ("PMB") Portal ("Portal") will be funded and
used, as agreed to by and between the City and PRBD. The Portal will be used to navigate
the websites and platforms used by local government agencies in order to better facilitate
new and continued business within the community, aiding economic development and
expansion. PMB and the Portal will involve and require a financial commitment from
PRBD, the City, County of Pueblo, and Pueblo West Metro District. Each of these four
local government entities intends to provide twenty-five percent (25%) of the funds
required for the Portal. This IGA is between the City and PRBD, and the County of Pueblo
and the Pueblo West Metro District are not parties to this IGA. PRBD intends to enter into
separate agreements regarding the Portal with the County of Pueblo and the Pueblo West
Metro District.
This IGA is intended: (i) to set forth a clear expression of the support of each party for the
project; (ii) to express recognition of the parties that the project is a community-wide
initiative with public benefits that transcend jurisdictional boundaries; and (iii) to pledge
the full cooperation of each party to expedite the project and the Portal. The parties
acknowledge the purposes set forth and agree jointly and severally to pursue their
fulfillment in good faith, including acting in good faith in all matters that require joint or
coordinated action.
2. Term of IGA. This IGA is effective and will commence upon the
Effective Date and shall remain in full force and effect for one year ("Initial Term"). This
IGA will automatically renew for one-year terms on an annual basis (each year a "Renewal
Term") unless a party provides the other notice of its intent not to renew this IGA at least
thirty (30) days prior to the end of the then current term in a signed writing. This IGA may
be terminated at any time, without cause, by either party upon ninety(90) days prior written
notice, which notice shall be delivered by hand or by certified mail to the address listed
above. If at any time the County of Pueblo or Pueblo West Metro District withdraw from
PMB or otherwise discontinue funding to the Portal, the City may immediately terminate
this IGA and all obligations hereunder upon notice to PRBD.
3. Responsibilities of the City.
(a) City will provide initial funding of twenty-five percent (25%) of startup costs for
the build out of the Portal during the Initial Term, subject to available
appropriations. The City's initial funding shall not exceed $20,000.00 in total for
the Initial Term.
(b) During each Renewal Term, the City will contribute yearly funding of twenty-five
percent (25%) of the operational costs for hosting and maintaining the Portal,
subject to available appropriations. The City's funding during any one Renewal
Term shall not exceed $20,000.00 in total for said term, unless otherwise agreed to
by the City in a signed writing.
(c) City funding may be derived from state or federal grants made available to the City
for use in accordance with the purposes of this IGA, in which case PRBD will be
bound by applicable grant terms governing use of the funds. PRBD may terminate
this IGA upon notice to City if it determines, in its sole discretion, that it cannot
comply with the terms of any grant because of the resulting negative impact on
PRBD.
(d) The City will designate a primary representative(s) able to speak on behalf of the
City's interests, except that said representative may not agree to binding policy or
decisions which require the approval of City Council or the Mayor, nor may the
representative agree to amendments of this IGA.
(e) Should PRBD receive notice from the City of its failure to appropriate sufficient funds for this IGA,
this IGA will immediately terminate.
4. Responsibilities of PRBD.
(a) PRBD will facilitate the initial build of the Portal, including through contracting
with a developer and the initial installation and configuration of the software, an
interface for project routing features, an administrator dashboard, and a user portal
to enable users to view existing projects from all participating agencies. PRBD's
funding will be twenty-five percent (25%) of startup costs for the build out of the
Portal during the Initial Term, not to exceed $20,000.00 and subject to
appropriation.
(b) PRBD is not responsible for creating the primary PMB website, which is to be
completed by the County of Pueblo or its assignee. PRBD will furnish cloud hosting
and maintain the Portal for PMB. During each Renewal Term, PRBD will contribute
yearly funding of twenty-five percent (25%) of the operational costs for hosting and
maintaining the Portal, subject to available appropriations. PRBD's funding during
any one Renewal Term shall not exceed $20,000.00 in total for said term, unless
agreed to by PRBD in a signed writing.
(c) PRBD will contract directly with Camino or other developer, as it may decide, for
development of the Portal. City will not be a party to nor be expected to participate
in said contract and will be an independent third party. City will in no way be liable
for or bound by any provision of the developer contract, unless expressly agreed to
by City in a signed writing. Notwithstanding the foregoing, PRBD's contract with
the developer will require that the developer defend and indemnify the City from
any third-party claims that the Portal infringes on intellectual property or similar
rights.
(d) Until this IGA terminates, expires, or another agreement is put in place that changes
the maintenance and hosting responsibilities for the Portal, PRBD will provide an
annual invoice to the City for the percentage of shared services set forth in Section
3 above. PRBD will also provide City with all supporting documentation for vendor
services and invoices.
(e) Administration of the Portal will be a collaborative effort between PRBD, City,
County of Pueblo, and Pueblo West Metro District, although PRBD will maintain
final say and administrative authority.
(f) The financial obligations of PRBD pursuant to this IGA are subject to annual
appropriation. Should City receive notice from PRBD of its failure to appropriate
sufficient funds for this IGA, this IGA will immediately terminate.
5. Work Product and Other Information. PRBD hereby grants to the City a
non-exclusive, royalty free license, with the right to perform, display, and otherwise use
all intellectual property created by PRBD or any of its contractors and paid for in part with
funds from this IGA, including, but not limited to, as needed to use and access the Portal
and information thereon. Upon request during the term of this IGA, PRBD will provide
City with any public data involved with or included in the Portal at no charge and in the
format requested by City. In the event of termination or expiration of this IGA, access to
Portal functions and systems will no longer be provided for locations inside the jurisdiction
of the City. Said functions include but are not limited to guide creation and automated
routing creation.
6. Accessibility. To the extent applicable, PRBD and the Portal shall comply
with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended, and
§§24-85-101, et seq., C.R.S. PRBD and the Portal shall comply with all applicable
technology standards related to technology accessibility and with Level AA of the most
current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the
State of Colorado technology standards and available at
https://www.w3.org/TR/WCAG21/.
7. Insurance; Liability; Employees; PERA.
(a) Each party shall maintain at all times during the term of this IGA such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq.,
C.R.S., including for, but not limited to, bodily injury, death, property damage,
automobiles, and statutory workers' compensation insurance.
(b) Each party shall be liable for its respective individual actions and omissions in
accordance with law and shall in no way be held liable or otherwise responsible for
the actions of the other party.
(c) The parties shall employ separate persons and no current employee of a party shall
be simultaneously considered an employee of the other party. Each party shall
comply with all applicable employment laws and only be responsible for its own
employees and payment and benefits therefore and shall have no employment
relationship with the current employees of the other party.
(d) PRBD shall reimburse the City for the full amount of any employer contribution
required to be paid by the City to the Public Employees' Retirement Association
("PERA") for salary or other compensation paid to a PERA retiree retained by
PRBD and performing contracted services for the City under this IGA.
8. General Provisions
(a) Amendments. Either party may request changes to this IGA. Any changes,
modifications, revisions, or amendments to this IGA must be mutually agreed upon
between the parties and in a signed written instrument, effective when executed and
signed by all parties to this IGA.
(b) Entirety of Agreement. This IGA represents the entire agreement between the
parties and supersedes all prior negotiations, representations, and agreements,
whether written or oral.
(c) Severability. Should any portion of this IGA be determined to be illegal or
unenforceable, the remainder of the IGA shall continue in full force and effect, and
either party may renegotiate the terms affected by the severance.
(d) Third Party Beneficiary Rights. The parties do not intend to create in any other
individual or entity the status of a third-party beneficiary, and this IGA shall not be
construed so as to create such status. The rights, duties, and obligations contained
in this IGA shall operate only between the parties to this IGA and shall inure solely
to the benefit of the parties to this IGA. The provisions of this IGA are intended
only to assist the parties in determining and performing their obligations under this
IGA. The parties to this IGA intend and expressly agree that only parties signatory
to this IGA shall have any legal or equitable right to seek to enforce this IGA, to
seek any remedy arising out of a party's performance or failure to perform any term
or condition of this IGA, or to bring an action for the breach of this IGA.
(e) This IGA is expressly made subject to the limitations of the Colorado Constitution.
Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt
or multi-year fiscal obligation or an obligation of future appropriations by PRBD
nor the City Council of Pueblo, contrary to Article X, §20 of the Colorado
Constitution or any other constitutional, statutory or charter debt limitation.
Notwithstanding any other provision of this IGA, with respect to any financial
obligation of PRBD or the City which may arise under this IGA in any fiscal year,
in the event the budget or other means of appropriations for any such year fails to
provide funds in sufficient amounts to discharge such obligation, such failure shall
not constitute a default by or breach of this IGA, including any sub-agreement,
attachment, schedule or exhibit thereto, by PRBD or the City. PRBD or City may in
its sole and absolute discretion terminate this IGA for reasons of non-appropriation
immediately upon written notice without causing default or breach.
(f) Nothing in this IGA is intended, nor should it be construed, to create or extend any
rights, claims or benefits or assume any liability for or on behalf of any third party,
or to waive any immunities or limitations otherwise conferred upon a party under
or by virtue of federal or state law, including but not limited to the Colorado
Governmental Immunity Act, C.R.S. §24-10-101, et seq.
(g) This IGA shall be governed by the laws of the State of Colorado. Venue for any
action arising under this IGA or for the enforcement of this IGA shall be in a state
court with jurisdiction located in Pueblo County, Colorado.
(h) A waiver by any party to this IGA of the breach of any term or provision of this
IGA shall not operate or be construed as a waiver of any subsequent breach by either
party.
(i) This IGA shall not be assigned by either party without the prior written consent of
the non-assigning party, which consent may be granted, denied, or conditioned in
said party's discretion.
(j) Nothing in this IGA is intended to, nor shall be deemed to constitute, a partnership
or joint venture between the parties, or to create any agency or partner relationship
between the parties. Neither party shall hold itself out as a partner, joint venture,
agent, or representative of the other under this IGA.
(k) Any delays in or failure of performance by any party of its obligations under this
IGA shall be excused if such delays or failure are a result of acts of God, fires,
floods, storms, lightning strikes, labor strikes, labor disputes, pandemic, accidents,
regulations or orders of civil or military authorities, shortages of labor or materials,
or other causes, similar or dissimilar, which are beyond the control of such party.
9. Electronic Signatures. This IGA and all other documents contemplated
hereunder may be executed using electronic signatures with delivery via facsimile
transmission, by scanning and transmission of electronic files in Portable Document
Format (PDF) or other readily available file format, or by copy transmitted via email, or
by other electronic means and in one or more counterparts, each of which shall be: (i) an
original, and all of which taken together shall constitute one and the same agreement, (ii)
a valid and binding agreement and fully admissible under state and federal law, and (iii)
enforceable in accordance with its terms.
10. Legal Authority. The parties assure that each possess the legal authority,
pursuant to any proper, appropriate, and official motion, resolution, or other action passed
or taken, to enter into this IGA. The person or persons signing and executing this IGA do
hereby warrant that he/she/they have been fully authorized to execute this IGA and to
validly and legally bind their respective principals to all the terms, conditions, and
provisions set forth herein.
IN WITNESS WHEREOF, PRBD and the City have caused this agreement to be executed on
their respective behalf by their proper officer. The effective date of this IGA is the Effective
Date on the first page.
ATTEST: CITY OF PUEBLO, A MUNICIPAL
CORPORATION
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Nicholas A. Gradisar, Mayor
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PUEBLO REGIONAL BUILDING
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