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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: • mow■ ■rftwOI A /G Aft Oft AI% LvuIIV11 r%�cI -Ilua 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. 0 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. ecr ary B ' President