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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