HomeMy WebLinkAbout10646RESOLUTION NO. 10646
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE HARP FOUNDATION, A COLORADO CHARITABLE NONPROFIT
CORPORATION, RELATING TO FINANCIAL ASSISTANCE AWARD NO. 05 -01 -04239 FROM THE
U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION FOR THE
HISTORIC ARKANSAS RIVERWALK OF PUEBLO – PHASE III A -1 PROJECT AND AUTHORIZING
THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo and the HARP Foundation has received approval for the funds
from EDA, subject to the execution of an agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1.
An agreement between the City of Pueblo, a Municipal Corporation, and the HARP
Foundation, a Colorado Charitable Nonprofit Corporation, relating to financial assistance award no.
05 -01 -04239 from the U.S. Department Of Commerce, Economic Development Administration for the
Historic Arkansas Riverwalk of Pueblo – Phase III A -1 project a copy of which is attached and
incorporated herein and having been approved to form by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute and deliver the 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.
INTRODUCED February 13, 2006
BY Jeff Chostner
Councilperson
APPROVED: — ,
President of City Council
ATTESTED BY:
CITY CLERK
�L0. 44 4
D o D
D
Background Paper for Proposed
Resolution
AGENDA ITEM # g
DATE: FEBRUARY 13, 2006
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /JIM MUNCH
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION, AND THE HARP FOUNDATION, A COLORADO
CHARITABLE NONPROFIT CORPORATION, RELATING TO FINANCIAL
ASSISTANCE AWARD NO. 05 -01 -04239 FROM THE U.S. DEPARTMENT OF
COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION FOR THE HISTORIC
ARKANSAS RIVERWALK OF PUEBLO — PHASE III A -1 PROJECT AND
AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve the agreement between the City of Pueblo and the
HARP Foundation relating to the Financial Assistance Award No. 05 -01 -04239 from the
U.S. Department of Commerce, Economic Development Administration (EDA), to fund
the construction of the Historic Arkansas Riverwalk of Pueblo - Phase III A -1 project?
RECOMMENDATION
Approve the Resolution.
BACKGROUND
The HARP Foundation has funds in the amount of $650,568, of which $402,368 is from
an Economic Development Initiative, for completing Phase 111 A -1 project. In January
2006, the City and the HARP Foundation received written notice of a $1,000,000
financial grant from the U.S. Department of Commerce, Economic Development
Administration (EDA) for the construction of Phase III A -1. These funds from EDA,
when matched with other committed funds (see below), will prepare the construction
documents and fund the construction of Phase III A -1, including: subsurface
infrastructure and utility improvements; channel extension and attached walkway and
landscaping. The estimated budget for this work, including contingency, is $3,080,568.
Prior to construction, the City will relocated the Court's operation at an estimated cost of
$150,000 and demolish the existing Court's building. The demolishing will be funded by
the HARP Foundation.
FINANCIAL IMPACT
In order for City to proceed with the Project and meet the requirements of the Financial
Assistance Award, the City will be required to appropriate $2,930,568 for the Project
with the understanding that funding for the Project will be from the following sources:
$1,000,000
Economic Development Administration (EDA)
661,000
Department of Local Affairs
500,000
Great Outdoors Colorado
219,000
City of Pueblo
650,568 HARP Foundation ($100,000 per Ordinance No. 6844)
50,000 Pueblo Urban Renewal Authority (per Ordinance No. 6844)
$3,080,568" Total EDA Budget & Construction Cost for Phase IIIA -1
*The total amount includes funds already expended for
schematic design ($150,000 per Ordinance No. 6844) and
final design ($246,900 from the HARP Foundation's
Economic Development Initiative grant) development for
HARP /I/ A -1.
The Phase III A -1 Project will be funded through Capital Improvement Project No.
PWHP07. Breakdown of the funding amounts for Appropriation:
$3,080,568 Total Project Costs
-150,000 Ordinance No. 6844 (schematic design)
$2,930,568 City will be required to appropriate
COOPERATION AGREEMENT
THIS COOPERATION AGREEMENT ( "Agreement') is entered into as of February
13, 2006 between Pueblo, a Municipal Corporation ( "City ") and the HARP Foundation, a
Colorado nonprofit corporation ( "Foundation "), WITNESSETH:
WHEREAS, City and Foundation are joint recipients of Financial Assistance Award
Number 05 -01 -04239 from the U. S. Department of Commerce, Economic Development
Administration ( "Financial Assistance Award ") for the construction of Phase III A -1 of the
Historic Arkansas Riverwalk of Pueblo ("Project'), and
WHEREAS, City and Foundation have approved and executed the Financial Assistance
Award, and
WHEREAS, a true and correct copy of the Financial Assistance Award is attached hereto
as Exhibit "A" and incorporated herein as if set out herein in full, and
WHEREAS, City and Foundation are desirous of setting forth their mutual understanding
relating to the administration of the Financial Assistance Award.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and Foundation agree as follows:
1. City acknowledges that it has reviewed and understands the covenants,
conditions, assurances and obligations of the City as a recipient under the Financial Assistance
Award and agrees to meet and comply therewith.
2. Foundation acknowledges that it has reviewed and understands the covenants,
conditions, assurances and obligations of Foundation as a recipient under the Financial
Assistance Award and agrees to meet and comply therewith.
3. Foundation delegates to City and City assumes and shall be responsible for (i) the
administration of the Financial Assistance Award, (ii) receipt and disbursement of all funds for
the Project including the Financial Assistance Award, and (iii) contract for the construction of
the Project in accordance with City and the Financial Assistance Award requirements.
4. City and Foundation agree that the funding for construction of the Project is as
follows:
Financial Assistance Award $1,000,000
City 219,000
Foundation 248,200
Department of Local Affairs (City) 661,000
Great Outdoors of Colorado (City) 500,000
Urban Renewal Authority of Pueblo 50,000
Economic Development Initiative (Foundation) 402,368
Total $3,080,568*
*The total amount includes funds already expended for schematic design ($150,000, Ordinance
No. 6844) and final design ($246,900 from HARP Foundation Economic Development Initiative
grant) development for the Project.
5. In order for City to proceed with the Project and meet the requirements of the
Financial Assistance Award, City will, subject to and contingent upon approval and action by the
City Council of City, appropriate $2,930,568 for the Project with the understanding that all
funding for the Project from the funding sources set forth in paragraph 4 hereof will be paid to
and received by the City.
6. To the extent authorized by law, City shall indemnify, save and hold harmless
Foundation, its officers, employees and agents, from and against any and all claims, damages,
liability and court awards including costs, expenses and attorney fees incurred as a result of any
act or omission by City, its employees, officers and agents pursuant to the terms of this
Agreement or the Financial Assistance Award.
7. To the extent authorized by law, Foundation shall indemnify, save and hold
harmless City, its officers, employees and agents, from and against any and all claims, damages,
liability and court awards including costs, expenses and attorney fees incurred as a result of any
act or omission by Foundation, its employees, officers and agents pursuant to the terms of this
Agreement or the Financial Assistance Award.
8. Within sixty (60) days after the effective date of the Ordinance adopted by City
Council of City appropriating $2,930,568 for the Project, Foundation will pay and disburse the
sum of $248,200 to the City for the Project. In addition, Foundation shall draw upon and make
available for the Project the sum of $155,468, the balance of the Economic Development
Initiative grant in the amount of $402,368 less $247,000 previously expended for final design
development for the Project, for the purposes specified in the 2003 EDI grant award.
9. The City Manager of City shall designate a Project monitoring group for the
Project which shall include the Executive Director of Foundation. The Project group shall meet
at least monthly and shall receive documentation from the City on the progress of the Project,
including Project financial statements and up -to -date Project work schedule.
10. City will furnish Foundation with a copy of each SF -271, Outlay Report and
Request for Reimbursement filed by City pursuant to the financial requirements of the Financial
Assistance Award.
11. As part of the Project, City's Municipal Court will be relocated at City's cost to
another facility. After vacating the Municipal Court building, it will be demolished and
Foundation shall be responsible for procuring the demolition contract and the costs associated
with such demolition.
12. The Foundation has secured in -kind contributions from the Board of Water Works
of Pueblo and Aquila (totaling a minimum of $150,000) that are intended to provide unique
manpower and materials to the water and electrical construction components of this Project.
Those resources shall be included in the construction of this Project, and the funds from total-
project cost savings from such in -kind contributions, or subsequent in -kind contributions, shall
be reserved for the next phases of the Gateway Park project.
13. 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 power to inter into and perform the
covenants, conditions, assurances and obligations on its part to be performed under this
Agreement and the Financial Assistance Award; and by proper action has duly authorized the
execution and delivery of this Agreement and the Financial Assistance Award.
(b) This Agreement and the Financial Assistance Award constitute legal, valid
and binding obligations of Foundation enforceable against Foundation in accordance with their
terms.
(c) Foundation has sufficient funds committed and available from sources
which may lawfully be used to timely meet and pay its financial obligations under this
Agreement.
(d) The Economic Development Initiative grant is in full force and effect and
that the balance thereof in the amount of $155,468 is and will be timely available for the
construction of the Project, as the EDI grant award specifies.
14. Any notice required or permitted to be given under this Agreement shall be
deemed given when delivered in person or mailed certified mail, postage prepaid, as follows:
(a) If to City, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003,
Attention: David J. Galli, City Manager;
(b) If to Foundation, HARP Foundation, 301 N. Main Street, Suite 303,
Pueblo, Colorado, 81003, Attention: Steve Arveschoug, Executive Director;
or to such other person or address as either party may designate in writing given to the other
party as above provided.
15. If any provision of this Agreement or the application thereof shall be determined
to be invalid by a court of competent jurisdiction, such determination shall not affect the validity
of any other provision hereof. The waiver of any breach of any provision hereof shall not be
construed as a waiver of any other provision, or the same provision upon subsequent breach.
16. This Agreement may not be assigned by either party without the consent of the
other party and shall be binding upon and inure to the benefit of the City and Foundation and
their respective successors and approved assigns.
Executed at Pueblo, Colorado, as of the day and year first above written.
[SEAL]
CORPORATION
PUEBLO, A MUNICIPAL
Attest: By `� %�j�' ►
City Cl#k President of the City Council
[SEAL] HARP FOUNDATION / l
Attest:
Secretary resi ent
FOn M450 U.S. DEPARTMENT OF COMMERCE
® GRANT ❑COOPERATIVE
(m 10-93)
ono 202 -2e
AGREEMENT
ACCOUNTING CODE
FINANCIAL ASSISTANCE AWARD
RECIPIENT NAME
AWARD NUMBER
City of Pueblo
05 -01 -04239
RECIPIENT NAME
The Historic Arkansas Riverwalk of Pueblo Foundation
STREET ADDRESS
FEDERAL SHARE OF COST
No. 1 City Hall Place
$1,000,000
CITY, STATE, ZIP CODE
RECIPIENT SHARE OF COST
Pueblo, Colorado 81003 -3262
$2,080,568
AWARD PERIOD
TOTAL ESTIMATED COST
Date of Approval to 60 months offer Date of Approval
$3,080,568
AUTHORITY 42 U.S.C. 3121, et. seq, as amended by the Economic Development Administration Reauthorization Act of 2004,
Pub. L. No.108 -373
CFDA NO. AND PROJECT TITLE: 11.300 /Public Works and Development Facilities /Construction of Phase 111 A -1 (Gateway Park)
of the Historic Arkansas Riverwalk of Pueblo
This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding.
By signing the three documents, the Recipients agree to comply with the Award provisions checked below, and
attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants
Officer and the other document shall be retained by the Recipients. if not signed and returned by the Recipients
within 30 days of receipt, the Grants Officer may unilaterally terminate this award.
® Department of Commerce Financial Assistance Standard Terms and Conditions
® Special Award Conditions
® Line Item Budget
® 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, Other Non - Profit and Commercial Organizations
® 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements with State and Local
Governments
® OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments
® OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations
❑ OMB Circular A -21, Cost Principles for Educational Institutions
® OMB Circular A -122, Cost Principles for Nonprofit Organizations
❑ Other(s):
NATURE OF PARTME OF COMMERCE GRANTS OFFICER
TITLE
DATE
Rob rt E. Olson
Regional Director
December 20, 2005