HomeMy WebLinkAbout08952RESOLUTION NO. 8952
A RESOLUTION APPROVING A MANAGEMENT AGREEMENT
BETWEEN PUEBLO, A MUNICPAL CORPORATION, AND THE
GREENWAY AND NATURE CENTER OF PUEBLO, INC. RELATING TO
THE MANAGEMENT OF THE PUEBLO MOUNTAIN PARK
ENVIRONMENTAL CENTER EDUCATION PROGRAM AND
AUTHORIZING THE TRANSFER AND APPROPRIATION OF FUNDS
WHEREAS, the Greenway & Nature Center of Pueblo, Inc. has submitted a
proposal to provide year -round environmental education programs at Pueblo Mountain
Park; and
WHEREAS, the City Council has determined that $35,000 will be allocated for
the environmental education program at the Pueblo Mountain Park Environmental
Center; now therefore:
BE IT RESOLVED BY THE CITY COUNCIL, that:
SF,CTTON 1 _
The Management Agreement dated March 2 7, 2000 between Pueblo, A Municipal
Corporation, and the Greenway and Nature Center of Pueblo, Inc. relating to the
management of the Pueblo Mountain Park Environmental Center education program, a
copy of which is attached hereto, having been approved as to form by the City Attorney,
is hereby approved.
SECTION 2.
The President of the City Council is authorized to execute and deliver the Management
Agreement in the name of the City and the City Clerk is directed to affix the seal of the
City thereto and attest same.
SECTION 3.
Authorization and approval is hereby given for the transfer and appropriation of $35,000
to the Greenway and Nature Center of Pueblo, Inc. for the purpose of providing
environmental education programming at the Pueblo Mountain Park Environmental
Center.
SF.CTTON 4.
Funds for this program shall be transferred from the following accounts to the Greenway
and Nature Center of Pueblo, Inc.:
2000 Mountain Park Programming #101- 6040 - 452.65 -25 $ 9,300.00
2000 Lottery - #401 - 0000 - 600.70 -10 CP 0098 25,700.00
(Projects to be Determined)
TOTAL $35,000.00
SECTION 5.
This Resolution shall become effective upon passage.
ATTEST:
�,.. .
1
CITY CLERK
INTRODUCED March 27 , 2000
BY Al Gurule
COUNCILPERSON
APPROU Y:
� PRESIDENT OF THE COUNCIL
Council Agenda
TITLE: A RESOLUTION APPROVING A MANAGEMENT AGREEMENT AGENDA ITEM #
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE GREENWAY
AND NATURE CENTER OF PUEBLO, INC. RELATING TO THE MANAGEMENT OF THE PUEBLO MOUNTAIN
PARK ENVIRONMENTAL CENTER EDUCATION PROGRAM AND AUTHORIZING THE TRANSFER AND
APPROPRIATION OF FUNDS
DEPARTMENT: Parks & Recreation DATE:
ISSUE:
Should the City Council approve a Management Agreement with the Greenway & Nature
Center of Pueblo, Inc. for use of a City owned building in Pueblo Mountain Park for the
purpose of establishing a Pueblo Mountain Park Environmental Center and conducting
environmental education programs.
BACKGROUND:
At the January 10, 2000 work session meeting, the Greenway and Nature Center
presented the City Council with a proposal to establish a Pueblo Mountain Park
Environmental Center for the purpose of providing year round environmental education
programming at Pueblo Mountain Park in Beulah, Colorado at a cost of 535,000 per year.
This center would be located in a vacant caretaker house in the park.
The program has the support of the University of Southern Colorado, School District m60
and the Parks & Recreation Department. The development of this program will increase
the utilization of the mountain park which , is currently undergoing a three phase
renovation program through a multi -year grant from the Colorado Historical Fund. The
environmental center which will be managed by the Greenway and Nature Center, will
work in partnership with area school districts as well as families, seniors, and tourists to
utilize the Pueblo Mountain Park for environmental education programs.
FIN.k CIAL IMPACT:
Funds for this program for the year 2000 will come from the following accounts:
2000 Mountain Park Programming - #101 - 6040 - 452.65 -25 S 9,300.00
2000 Lottery - 4401- 0000 - 600.70 -10 CP 0098 25,700.00
(Projects to be Determined)
S 35,000.00
RECOMMENDATION:
Approval of the Resolution.
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MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT (the "Agreement ") entered into as of March 27, 2000
between City of Pueblo, a municipal corporation (the "City ") and Greenway and Nature Center of
Pueblo, Inc., a Colorado nonprofit corporation (the "Center "), WITNESSETH:
RECITALS:
A. City is the owner of the property located in Pueblo County, Colorado commonly
known as the Pueblo Mountain Park (the "Mountain Park ").
B. Situated within the Mountain Park is the main caretaker's building and associated
grounds (the "Facility ").
C. Center has the staff, experience and knowledge to manage the Facility as an
Environmental Center.
D. Center is desirous of entering into a Management Agreement for the Facility and the
City is willing to enter into such Management Agreement upon the terms and conditions of this
Management Agreement.
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants
contained herein, City and Center agree as follows:
1. For purposes of this Agreement the phrase "developing, promoting, operating and
maintaining the Facility as an Environmental Center" means performing the following activities and
services:
(a) to develop, implement, coordinate, and provide a variety of programs which
allow students, as well as families and adults, the opportunity to learn about and enjoy the
natural and cultural history of the Mountain Park;
(b) to develop in the Facility an environmental education center providing multi -
day environmental education programs for area schools and groups;
(c) to develop and implement interpretive media at the Facility and other
locations in the Mountain Park which will increase the awareness and appropriateness of the
uses of the Mountain Park;
(d) to develop and implement programs for and to otherwise encourage
individuals and groups to use the Mountain Park; and
(e) to develop, implement and coordinate through the City's Department of Parks
and Recreation volunteer projects to maintain and improve the Mountain Park and fund
raising for special projects.
2. Center shall have the right to possession and use of the Facility during the term of this
Agreement, and Center shall develop, promote, operate and maintain the Facilities as an
Environmental Center under the general supervision of the City's Park and Recreation Director (the
"Director "). Center shall at its expense furnish and provide all personnel, supplies, furniture,
equipment, transportation and telephone, internet access, and fax utilities reasonably required and
necessary for Center to perform its duties hereunder and to operate the Environmental Center.
3. Center shall not have any right or priority in the use of the Mountain Park, including
without limitation, trails or buildings located thereon, other than the Facility, and its activities shall
not negatively impact the other users of the Mountain Park. Center shall schedule and coordinate
Center's use of other areas of the Mountain Park, including without limitation, buildings located
thereon, with the Director. Center shall clean-up all other buildings or areas of the Mountain Park
used by Center or used for any Center - sponsored event.
4. The initial term of this Agreement shall be from April 1, 2000 to December 31, 2000.
The term of this Agreement shall be automatically extended for additional one -year periods unless
either party gives written notice of non - extension to the other parry on or before November 1 of any
calendar year starting with November 1, 2000. This Agreement may be terminated at any time for
any reason, without liability or penalty, by either party upon ninety (90) days' prior written notice
given to the other party specifying the date of termination.
5. Center shall at its expense maintain the Facility and all improvements and systems
therein in good condition, appearance and state of repair, provided that City will maintain the
exterior of the Facility and be responsible for major repairs to the plumbing, heating and electrical
systems. Center shall not conduct any waste on or within the Facility or the Mountain Park and shall
comply with all laws, ordinances and regulations affecting Center's use of the Facility and other
portions of the Mountain Park, and all activities conducted thereon.
6. Except for the maintenance of the exterior of the Facility and major repairs to the
plumbing, heating and electrical systems, City shall not be obligated to repair, maintain, alter or
improve the Facility. It is anticipated that City will annually budget and appropriate to Center the
sum of Thirty -Five Thousand and No /100 Dollars ($35,000.00) for a portion of the operating
expenses of the Environmental Center. However, both parties agree that such budgeting and
appropriation is not contractually binding on the City, and the City Council of City shall annually
in its sole discretion determine whether to budget and appropriate funds and the amount thereof, to
or for the benefit of Center. All financial obligations of the City under this Agreement are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
7. City will pay for all reasonable propane gas, electrical and water services used in or
supplied to the Facility. City shall not be responsible for the interruption of any such service
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regardless of the cause of such interruption.
8. Center shall not make any alteration, improvement or remodeling to the Facility
without City's prior written consent, which consent shall not be unreasonably withheld. All
approved alterations, improvements, and remodeling to the Facility shall be at Center's expense and
become part of the Facility.
9. Center shall indemnify and hold City, its officers, employees and agents harmless
from and defend them against any and all claims of liability, including cost of defense and reasonable
attorney fees, for any injury or damage to Center or its officers, employees or agents, or to any third
person or to any property while upon, about or around the Mountain Park including the Facility,
caused or occurring by reason of Center's use or occupancy of the Mountain Park including the
Facility or the negligent acts or omissions of Center, its officers, agents or employees. Center shall
secure and maintain commercial liability insurance for the protection of Center and City and their
respective officers and employees with coverage in amounts of not less than the amounts specified
in C.R.S. §24 -10 -110, or as same may be subsequently amended. Center shall furnish the Director
proof of such insurance.
10. If the presence of Hazardous Materials in or upon the Mountain Park including the
Facility caused or permitted by Center or the activities conducted thereon by Center results in
contamination of the Mountain Park or the Facility, then Center shall be responsible to remove, clean
up and remediate such contamination and Center shall indemnify, defend and hold the City harmless
from all claims, judgments, damages, penalties, fines, costs, liabilities or losses, including all
expenses and reasonable attorney fees which arise, directly or indirectly, during or after the
expiration or termination of this Agreement as a result of such contamination or the failure of Center
to comply with applicable federal, state and local environmental and hazardous waste laws,
ordinances and regulations. The term "Hazardous Material" includes, without limitation, any
material or substance that is (i) defined or designated as a "hazardous substance," "hazardous waste"
or a "regulated substance" under applicable state or federal law or regulation, (ii) petroleum products,
or (iii) asbestos.
11. Center acknowledges and agrees that City makes no warranties or representations
whatsoever with respect to the quality, quantity or condition of the Facility or the Mountain Park,
environmental or otherwise, or the Facility's fitnesses for Center's anticipated use. Center
acknowledges that it has had the opportunity to inspect the Facility and agrees to take possession and
use of the Facility in its present condition "AS IS."
12. Center shall not in employment or application for employment or the use or operation
of the Facility or activities conducted thereon discriminate on the basis of race, color, creed, national
origin, disability, sex or age.
13. All membership dues, fees, cash donations, in -kind donations and activity fees and
charges received by the Center shall be used by Center in the operation and development of the
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Facility and the Mountain Park, and Center shall submit to City at least annually an accounting of
the revenues from such dues, donations, fees and charges including their expenditures.
14. No term or condition of this Agreement shall be construed or interpreted as a waiver,
either express or implied, of any immunities, rights, benefits or protection provided or available to
City under applicable law including without limitation those provided and available to City under
the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101, et seq., as amended or as may be
amended. The parties understand and agree that the City's and its officers', agents' and employees'
liability for claims for injury to persons or property is controlled and limited by the provisions of
C.R.S. §24 -10 -101, et seq., as amended or as may be amended. All provisions of this Agreement,
whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified
so as to limit any liability of the City, its officers, agents and employees to the above cited law.
15. Nothing in this Agreement, expressed or implied, is intended nor shall be construed
to confer upon, or give to, any person or entity other than the City or Center any right, remedy, or
claim under or by reason of this Agreement or any covenant, condition or provision thereof, and all
covenants, conditions, provisions and agreements contained in this Agreement by or on behalf of
City or Center shall be for the exclusive and sole benefit of City and Center.
16. In the event of any litigation arising out of this Agreement, the court shall award to
the prevailing party all costs and expenses including reasonable expert witness and attorney fees.
17. The persons signing this Agreement on behalf of Center, represent and warrant that
they and Center are authorized to execute and deliver this Agreement and this Agreement constitutes
the valid and legally binding obligation of Center and is enforceable against Center in accordance
with its terms.
18. Time is of the essence hereof. This Agreement shall be construed in accordance with
Colorado law and be binding upon and inure to the benefit of the parties and their respective
successors.
19. This Agreement constitutes the entire understanding between the parties and
supersedes all prior statements, representations, warranties, or agreements between the parties or any
of their officers, agents or employees covering the subject matter hereof. No prior statement,
representation, warranty or agreement not expressly set forth herein shall be binding upon either
party. No amendment, modification or change to this Agreement shall be effective unless in writing,
approved by Resolution of the City Council of City, and signed by all of the parties hereto.
20. Center shall not assign this Agreement or any interest herein nor sublease the Facility.
21. Any notice or other communication under this Agreement by any party shall be in
writing and sufficiently given if delivered in person or if delivered by certified mail, postage prepaid,
addressed:
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(a) If to City: Director of Parks and Recreation, City Park, 800 Goodnight,
Pueblo, Colorado, 81005;
(b) If to Center: Director, 5200 Nature Center Road, Pueblo, Colorado, 81003,
or at such other address as a party may, from time to time, designate in writing given as herein
provided.
22. CENTER SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT
CONTRACTOR AND NOT AS AN EMPLOYEE OR AGENT OF THE CITY. NEITHER THE
CENTER NOR ANY AGENT OR EMPLOYEE OF THE CENTER SHALL BE, OR SHALL BE
DEEMED TO BE, AN AGENT OR EMPLOYEE OF THE CITY. THE CENTER SHALL PAY
WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX ON ANY MONIES
PAID PURSUANT TO THIS AGREEMENT. THE CENTER ACKNOWLEDGES THAT THE
CENTER AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT OR
WORKERS' COMPENSATION INSURANCE BENEFITS UNLESS THE CENTER OR A THIRD
PARTY PROVIDES SUCH COVERAGE AND THAT THE CITY DOES NOT PAY FOR OR
OTHERWISE PROVIDE SUCH COVERAGE. THE CENTER SHALL HAVE NO
AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE CITY TO ANY AGREEMENTS,
LIABILITY, OR UNDERSTANDING WHATSOEVER. THE CENTER SHALL PROVIDE AND
KEEP IN FORCE WORKERS' COMPENSATION (AND SHOW PROOF OF SUCH
INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS
REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE
CENTER, ITS EMPLOYEES AND AGENTS.
Executed at Pueblo, Colorado as of the day and year
[SEAL]
ATTEST: By
City k
[SEAL]
ATTEST:
Secretary
- rst above written.
A MUNI AL
CORPORATION
of the City Council
GREENWAY AND NATURE CENTER
OF PUEBLO, IN
B �r4eside7
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