HomeMy WebLinkAbout10378ORDINANCE NO. 10378
AN ORDINANCE APPROVING AN AMENDMENT TO THE
DELEGATION AGREEMENT BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION, AND THE PUEBLO AREA
COUNCIL OF GOVERNMENTS FOR 2023 TRANSPORTATION
PLANNING SERVICES AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment to the Agreement for Transportation Planning Services effective
January 1, 2023, between the Pueblo Area Council of Governments (PACOG) and the City of
Pueblo, a Municipal Corporation, to complete services pertaining to the Multimodal
Transportation and Mitigation Options Project, a copy of which is attached and incorporated
herein, having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute said Amendment to the Agreement on behalf
of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and
attest to the same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
SECTION 4.
This Ordinance shall become effective upon approval of the following actions:
1. The approval of a Resolution by the Pueblo Area Council of Governments approving the
grant agreement and the amendment of the 2023 PACOG budget.
2. The approval of an Ordinance by City Council and a Resolution by PACOG amending the
2023 Delegation Agreement between the City and PACOG including the funding for the
completion of the Multimodal Transportation and Mitigation Options Project.
3. 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 January 23, 2023 .
Final adoption of Ordinance by City Council on February 13, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on February 15, 2023 .
□ 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
Deputy City Clerk
City Clerk's Office Item # R4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 23, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE
DELEGATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE PUEBLO AREA COUNCIL OF
GOVERNMENTS FOR 2023 TRANSPORTATION PLANNING
SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance approves the amendment of the annual Delegation Agreement between
Pueblo Area Council of Governments (PACOG) and the City of Pueblo for
Transportation Planning Services from January 1, 2023 to December 31, 2023 as
specified in the approved FY 2022-23 Unified Planning Work Program (UPWP).
PREVIOUS COUNCIL ACTION:
The City is currently operating under the 2023 Delegation Agreement between PACOG,
and the City of Pueblo approved by Ordinance 10320, November 14, 2022.
BACKGROUND:
This Ordinance approves an amendment to the annual Delegation Agreement for
Transportation Planning Services between PACOG and the City of Pueblo. The
Agreement establishes the responsibilities of the City of Pueblo and PACOG for the
implementation of the tasks in the amended FY 2022-23 UPWP, that will be adopted by
PACOG Resolution TBD on February 23, 2023. The Agreement also allows for Pueblo
County staff to be paid for providing transportation planning services in cooperation with
the City.
FINANCIAL IMPLICATIONS:
PACOG will reimburse the City up to $200,000 from Multimodal Transportation and
Mitigation Options fund, Coronavirus State and Local Fiscal Recovery (MMOF-ARPA-
SLFRF) Funds for completion of the project. The City Finance Department will expend
staff time to prepare and submit monthly financial reports for reimbursement of City
transportation planning expenditures.
BOARD/COMMISSION RECOMMENDATION:
Resolutions for PACOG to approve this amendment to the 2023 Delegation Agreement
and approve the grant agreement with CDOT for the Mitigation Options fund,
Coronavirus State and Local Fiscal Recovery (MMOF-ARPA-SLFRF) Funds will be on
their February 23, 2023 agenda.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
If City Council does not approve this Ordinance, PACOG will look at other options for
the funding of this work to be completed.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. 2023 Delegation Agreement Amendment
AMENDMENT TO AGREEMENT FOR TRANSPORTATION PLANNING
AND IMPROVEMENT SERVICES FOR 2023
THIS Amendment to Agreement for Transportation Planning and Improvement
Services for 2023 effective January 1, 2023 through December 31, 2023, approved by
PACOG Resolution No. 2022-019, October 27, 2022 and Pueblo City Council Ordinance
No. 10320 on November 14, 2022, by and between the Pueblo Area Council of
Governments, hereinafter referred to as "PACOG" and the City of Pueblo, a Municipal
Corporation, hereinafter referred to as "CITY".
RECITALS
WHEREAS, PACOG serves as the Metropolitan Planning Organization (MPO) for
the Pueblo Urban Area, and the Transportation Planning Region (TPR) for all of Pueblo
County; and
WHEREAS, PACOG is eligible to receive funds to perform the work tasks for these
activities and has entered into one or more agreements with the State of Colorado and/or
the U.S. Department of Transportation for transportation planning and improvement
projects whereby funding may be made available to PACOG under provisions of said
agreements, and statutes, laws and regulations referenced in said agreements; and
WHEREAS, CITY and PACOG entered into an AGREEMENT FOR TRANSPORTATION
PLANNING AND IMPROVEMENT SERVICES FOR 2023 ("AGREEMENT"), effective January
1, 2023 through December 31, 2023, approved by PACOG Resolution No. 2022-019,
October 27, 2022 and City Council Ordinance No. No. 10320 on November 14, 2022
authorizing CITY to undertake such transportation planning and improvement projects;
and
WHEREAS, CITY AND PACOG desire to amend 2023 contract to include an
additional $200,000 of funding from the Multimodal Transportation and Mitigation Options
fund, Coronavirus State and Local Fiscal Recovery (MMOF-ARPA-SLFRF) Funds.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and
conditions set forth herein, the parties hereto do mutually agree as follows:
1. WORK TASKS; RESPONSIBILITIES OF CITY
The 2023 Agreement for Transportation Planning and Improvement Services is
hereby amended to include an additional $200,000 of funding from the Multimodal
Transportation and Mitigation Options fund, Coronavirus State and Local Fiscal Recovery
(MMOF-ARPA-SLFRF) Funds received by PACOG for updating the PACOG/MPO travel
demand model, developing new base year of 2023 and travel demand model estimates to
2050 that are already included within the 2023 Urban Planning Work Program.
2. SIGNATURES.
The persons signing this Amendment to Agreement for Transportation Planning
and Improvement Services for 2023 on behalf of each party represent and warrant that
such persons and their respective party have the requisite power and authority to enter
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into, execute and deliver this Agreement and this Agreement is a valid and legally binding
obligation of such party enforceable against it in accordance with its terms.
3. AMENDMENT MODIFICATIONS.
Except as modified by this Amendment, the Agreement for Transportation Planning
and Improvement Services for 2023 will remain in full force and effect inuring to the benefit
of and binding upon the City and PACOG.
IN WITNESS WHEREOF, CITY and PACOG have executed this Agreement effective
as of the date first above written and under the laws of the State of Colorado.
ATTEST: PUEBLO AREA COUNCIL OF GOVERNMENTS
By
Secretary Chairperson
ATTEST: CITY OF PUEBLO
•
By -7f:saa:7,49‹Adoart
City 40 Nicholas A. Gradisar, Mayor
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into, execute and deliver this Agreement and this Agreement is a valid and legally
binding obligation of such party enforceable against it in accordance with its terms.
3. AMENDMENT MODIFICATIONS.
Except as modified by this Amendment, the Agreement for Transportation
Planning and Improvement Services for 2023 will remain in full force and effect inuring to
the benefit of and binding upon the City and PACOG.
IN WITNESS WHEREOF, CITY and PACOG have executed this Agreement
effective as of the date first above written and under the laws of the State of Colorado.
ATTEST: PUEBLO AREA COUNCIL OF GOVERNMENTS
,
ByG?�cs44
Secretary Chairperson
ATTEST: CITY OF PUEBLO
By
City Clerk President, Pueblo City Council
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