HomeMy WebLinkAbout8818RESOLUTION NO. 8818
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
HARP FOUNDATION, A COLORADO NONPROFIT CORPORATION,
REGARDING COMMITMENT OF FUNDS FOR PROFESSIONAL
ARCHITECTURAL SERVICES TO DESIGN THE HEADWATERS
FOUNTAIN AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
An agreement between the City of Pueblo, a Municipal Corporation, and the
HARP Foundation, a Colorado Charitable Nonprofit Corporation, a copy of which is attached
and incorporated and having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2
The President of the City Council is hereby authorized to execute and deliver said
agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall
affix the Seal of the City thereto and attest same.
SECTION 3
Funding from the Foundation will pay soils testing and professional architectural
service fees to Terrance P. Riley to design the Headwaters Fountain.
INTRODUCED: OCTOBER 12, 1999
BY Cathy A. Garcia
COUNCIL PERSON
APPROVED
P9E9IDENT OF THE CITY COUNCIL
ATTEST:
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A RESOLUTION APPRO AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE HARP FOUNDATION, A COLORADO NONPROFIT CORPORATION, REGARDING COMMITMENT OF
FUNDS FOR PROFESSIONAL ARCHITECTURAL SERVICES TO DESIGN THE HEADWATERS FOUNTAIN AND
Title AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO Agenda Item # ,
EXECUTE SAME
Department:
PLANNING AND DEVELOPMENT Date: OCTOBER 12, 1999
ISSUE Should the City of Pueblo enter into an agreement with the
HARP Foundation for $42,800 to fund soil testing and profes-
sional architectural service fees to design the Headwaters Fountain.
BACKGROUND WestPlains Energy, Minnequa Bank, and Thomas Farley have
donated funds to the HARP Foundation to design, construct, and
conduct soil testing for the Headwaters Fountain on the southeast
corner of the intersection of N. Union Avenue and Main Streets.
At the Pueblo City Council meeting on September 20, 1999, City
Council entered into an agreement for professional architectural
services with Terrance P. Riley in the amount of $40,800 to
design the fountain. It is estimated the soil testing to complete the
engineering work for the Fountain will cost $2,000.00. This
agreement commits the Foundation funds to perform these services.
RECOMMENDATION City Council should enter into this agreement which formally
commits the Foundation funds of $42,800 and sets forth the terms
and method of payment.
The Foundation, at its September 27, 1999, meeting, authorized
the Foundation President to sign the agreement, subject to review
by its legal counsel, Pat O' Callahan.
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I
AGREEMENT
THIS AGREEMENT is entered into as of September 27, 1999, between
Pueblo, a municipal corporation (the "City "), and the HARP Foundation, a
Colorado nonprofit corporation (the "Foundation ").
WHEREAS, the Foundation has funds committed and available to it
for the purpose of assisting in the development and construction of the
Headwaters Fountain; and
WHEREAS, The City desires to design and construct the Headwaters
Fountain in accordance with schematic plans approved by the City (the
"Project "); and
WHEREAS, Foundation funds are necessary for the City to design,
engineer and provide the necessary soil tests for the project and will be
committed for such purposes prior to City entering into contract for the
construction of the Project.
NOW, THEREFORE, in consideration of City entering to the contract
for the design and engineering of the Project and mutual covenants
contained hearing, Foundation and City agree as follows:
1. Foundation warrants and represents that:
(a) Foundation is duly organized and validly existing in good
standing under the laws of the State of Colorado; has all
necessary powers and authority to enter into and perform the
covenants and agreements on its part to be performed in this
Agreement, and by proper action has duly authorized the
execution and delivery of this Agreement.
(b) This Agreement constitutes a legal, valid and binding obligation
of Foundation enforceable in accordance with its terms.
(c) Foundation is familiar with and understands what is required for
the design, construction and installation of the Project.
(d) Foundation has funds in the amount of $42,800 committed
and available from sources, which can be used for the design
of the Project ( "Foundation Funds ").
2. Foundation shall pay and disburse Foundation Funds in an amount
not to exceed $40,800 for the design and engineering and $2,000
for soil tests as requested and directed by the City's Director of
Finance within thirty (30) days after written request therefor from
the City's Director of Finance.
3. Any notice required or permitted to be given under this Agreement
shall be deemed given when delivered or mailed certified mail,
postage prepaid, as follows:
If to City: City of Pueblo, 1 City Hall Place, Pueblo, Colorado.
Attention: Director of Finance; and
If to Foundation: The HARP Foundation, 415 North Grand Avenue,
Pueblo, Colorado 81003, Attention: President; or to such other address as
either party may designate in writing given to the other party.
4. This Agreement shall be binding upon and inure to the benefit of
the parties and their respective successors and assigns.
Executed at Pueblo, Colorado, as of the day and year first above
written.
[SEAL]
PUEBLO, A MUNICIPAL CORPORATION
ATTEST: r j, L : Z - - � �A 1 BY: 4 I ��
Cit Clerk President of City Council
APPROV D AS TO FORM:
City Attor
[SEAL]
THE HARP FOUNDATION
ATTEST.
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' President