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HomeMy WebLinkAbout08958RESOLUTION NO. 8958 A RESOLUTION APPROVING AGREEMENTS BETWEEN PUEBLO, A MUNICIPAL CORPORATION, PUEBLO SCHOOL DISTRICT NO. 60, AND UNIVERSITY OF SOUTHERN COLORADO RELATING TO THE PUEBLO SCHOOL FOR THE ARTS AND SCIENCES PLAYGROUND AND PARK PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The following Agreements, (a) Memorandum of Understanding dated as of February 29, 2000 between the City and University of Southern Colorado, and (b) Agreement dated as of February 29, 2000 between the City and Pueblo School District No. 60, relating to the Pueblo School for the Arts and Sciences playground and park project, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: March 27, 2000 ATTEST: City rk By Al Gurul e Councilperson AP VED: resident of the City Council Council Agenda TITLE: A RESOLUTION APPROVING AGREEMENTS BETWEEN PUEBLO, A MUNICIPAL CORPORATION, PUEBLO SCHOOL DISTRICT NO. 60, AND UNIVERSITY OF SOUTHERN COLORADO RELATING TO THE PUEBLO SCHOOL FOR THE ARTS AND SCIENCES PLAYGROUND AND PARK PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME DEPARTMENT: Dept. of Planning and Development AGENDA ITEM# DATE: March 27, 2000 ISSUE: Should the City Council approve the following agreements (a) Memorandum of Understanding dated as of February 29, 2000 between the City and the University of Southern Colorado (USC), and (b) Agreement dated as of February 29, 2000 between the City and Pueblo School District No. 60, relating to the Pueblo School for the Arts and Sciences playground and park project? The park improvements would be constructed at the Washington Elementary School Site owned by the Pueblo School District No. 60 located at 1745 Acero Avenue and used by the Pueblo School for the Arts and Sciences (PSAS). BACKGROUND: City Council has previously approved an agreement between the City and the State Board of the Great Outdoors Colorado Trust Fund, subject to an agreement being executed between the City and Pueblo School District No. 60 (School District) for the assumption and performance of all of the City's obligations for and on behalf of the City. In addition City Council has approved an agreement between the City and School District committing the School District's ownership, maintenance, and authorization of public use relating to a local government parks and outdoor recreation grant agreement with the State Board of the Great Outdoors Colorado Trust Fund (GOCO). The two agreements that would be approved in the attached resolution will enabled the agreement to be completed with GOCO. The City of Pueblo is acting as the Grantee for the School District for a $98,000 local government parks and outdoor recreation grant from GOCO to complete playground and park improvements at the Washington Elementary School site owned by the School District located at 1745 Acero Avenue and used by PSAS, a charter school formalized through a contract between USC and the School District. An agreement with the School District is necessary to allow the grant funds to be accepted by the City as the Grantee in relationship with conditions and obligations on the part of the City that are to be performed under the GOCO agreement by the School District. GOCO will issue payment to the City following the completion of the project by the School District and approval of grant compliance by GOCO. A separate Memorandum of Understanding (MOU) between USC and the City requires reasonable access to the members of the public to the project. This agreement will be in place so long as USC has possession and control of the playground and park property. The MOU requires USC to permit and allow the public to have access to and use the playground and park property (except during school hours) subject to reasonable rules and regulations established by the School District. RECOMMENDATION: Approval of the Resolution. FINANCIAL IMPACT: The City's financial impact will be to provide up to $98,000 in payment to contractors and materials that will be reimbursed to the City by GOCO following completion of the project by the School District and approval of the reimbursement of grant funds by GOCO. The City will also provide staff time involved in monitoring the project. If the School District defaults under its Agreement with the City, the City will be financially responsible to complete the Project. If the School District defaults under its Agreement with the City to maintain the park and playground improvements, the City will be financially responsible to maintain the improvements. AGREEMENT THIS AGREEMENT entered into as of February 29, 2000 by and between Pueblo, a municipal corporation (the "City ") and Pueblo School District No. 60 (the "District "), WITNESSETH: Recitals A. The Pueblo School for the Arts and Sciences ( "PSAS ") was granted a charter school designation by District. The designation was formalized through a contract by and between the University of Southern Colorado and the District which included the use of the Washington Elementary School site owned by District ( "Washington Site "). B. A portion of the Washington Site described on the attached Exhibit A is used and occupied as a playground and park ( "Playground and Park Property "). C. City made application to the State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ") as the sponsor of PSAS for funding to construct, install and complete the project for the Playground and Park Property ( "Project "). D. GOCO and City have or will enter into a Grant Agreement dated December 14, 1999 whereby GOCO will make available $98,000.00 to the City for the completion of the Project. E. The Grant Agreement imposes upon and obligates the City as Grantee to perform and comply with conditions, covenants and assurances set forth and contained in the Grant Agreement (the "Grantee Obligations "). NOW, THEREFORE, in consideration of the foregoing Recitals, City's acceptance and execution of the Grant Agreement, and the mutual covenants contained herein, City and District agree as follows: 1. City will accept and execute the Grant Agreement and make the $98,000.00 grant funds available for the construction, installation and completion of the Project by Project. 2. District will engage an architect to develop and prepare plans and specifications for the Project (the "Architect ") and contract directly with a qualified contractor for the construction of the Project in accordance with the approved plans and specifications (the "Contractor "). 3. District will undertake, assume and perform all Grantee Obligations for and on behalf of the City. If due to a failure of District to perform any Grantee Obligation, GOCO grant funds are not paid to City pursuant to the Grant Agreement, District shall reimburse City in full for all amounts advanced to District by City under paragraph 4 of this Agreement which are not reimbursed to City by GOCO. 4. Subject to and upon receipt of requests for payment signed by the District, Architect and Contractor certifying that the portion of the Project construction for which payment is requested has been completed, City will advance to or for the benefit of District for the Project construction an amount not to exceed $98,000.00. 5. City shall have no obligation or liability with respect to or arising out of the Project or the Playground and Park Property, or the use thereof by any person, other than making the $98,000.00 GOCO grant funds available for the construction, installation and completion of the Project by the District. 6. The parties by entering into this Agreement, do not waive or intend to waive by any provision of this Agreement any rights, immunities, conditions or protections under the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101, et seq., as it may from time to time be amended, or otherwise available or provided under any other law to the parties and their respective officers, employees or agents. 7. To the extent not prohibited by law and subject to the Governmental Immunity Act, the District will indemnify, defend, and hold harmless the City, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to the Project and the Playground and Park Property, or the use thereof by any person, except for the negligence of the City, its officers, agents, or employees. 8. Colorado law applies to the interpretation and enforcement of this Agreement. 9. Any provision of this Agreement which imposes upon District any financial obligation to be performed in any fiscal year subsequent to the year of execution of this Agreement is expressly made subject to funds for such financial obligation being appropriated, budgeted, and otherwise made available in the sole discretion of the Board of Education. Notwithstanding the provisions of this paragraph to the contrary, the person who is responsible for preparing the budget for District for each subsequent fiscal year shall include in the budget sufficient funds to perform any financial obligation to be performed by District under this Agreement in such subsequent fiscal year, and the decision whether to budget and appropriate such funds shall be made solely by the Board of Education. 10. If any provision of this Agreement, or the application thereof is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision other than those as to which it is found to be invalid, shall remain in full force and effect. 11. Except as expressly provided herein, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made as an amendment to this contract, approved by and signed by the parties in this Agreement. 12. Time is of the essence. Time is of the essence in this Agreement. -2- t 13. The City and District hereby acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between the City and District, and that no third party beneficiaries are intended. 14. Each party hereto has reviewed and revised (or requested revisions of) this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be resolved against a particular parry shall not be applicable in the construction and interpretation of this Agreement. 15. The relationship between the parties is purely contractual, each party is acting as an independent contractor in its separate capacity, and not as an officer, employee or agent of the other party. 16. District acknowledges receipt of a copy of the Grant Agreement and Project Application. in Pueblo,, Colorado as of the day and year first above written. icip o o ation PU LO SCHOOL DISTRICT NO. 60 Y B a of the City Council [SEAL] of the Board of Education 1� Val_ -3- MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING entered into as of February 29, 2000 by and between Pueblo, a municipal corporation (the "City ") and University of Southern Colorado by and through its governing board, the State Board of Agriculture (the "University "), WITNESSETH: Recitals A. The Pueblo School for the Arts and Sciences ( "PSAS ") was granted a charter school designation by Pueblo School District No. 60 (the "District "). The designation was formalized through a contract by and between the University and the District which included the use of the Washington Elementary School site owned by District ( "Washington Site "). B. A portion of the Washington Site described on the attached Exhibit A is used and occupied as a playground and park ( "Playground and Park Property"). C. City made application to the State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ") as the sponsor of PSAS for funding to construct, install and complete the project for the Playground and Park Property ( "Project "). D. GOCO and City have or will enter into a Grant Agreement dated December 14, 1999 whereby GOCO will make available $98,000.00 to the City for the completion of the Project. E. The Grant Agreement requires reasonable access to the members of the public to the Project. NOW, THEREFORE, in consideration of the foregoing Recitals, City's acceptance and execution of the Grant Agreement, and the mutual covenants contained herein, City and University agree as follows: 1. City will accept and execute the Grant Agreement and make the $98,000.00 grant funds available for the construction, installation and completion of the Project. 2. For so long as University has possession and control of the Playground and Park Property, University shall permit, authorize and allow the public including the residents of the community surrounding the Playground and Park Property to have access to and use of the Playground and Park Property and Project (except during school hours) subject to reasonable rules and regulations established by District. For purposes hereof "school hours" means 7:30 a.m. to 3:30 p.m. on scheduled school days for approximately 180 days each year. Executed in Pueblo, Colorado as of the day and year first above written. } PUEB O a Municip I orporation UNIVERSITY OF SOUTHERN COLORADO by and through its governing board, By /� the State Board of Agriculture President of the City Council By Name: Robert E. Glennen Office: Interim Provost /USC -2-