HomeMy WebLinkAbout11469RESOLUTION NO. 11469
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. FO9S5979 FROM THE STATE OF COLORADO, DEPARTMENT
OF LOCAL AFFAIRS FOR THE HISTORIC ARKANSAS RIVERWALK
OF PUEBLO VISITORS CENTER AND GATEWAY PARK BRIDGE
(PHASE IIIA -2) PROJECT AND AUTHORIZING THE PRESIDENT OF
THE COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo has received approval for the funds from DOLA,
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. FO9S5979 from the State of Colorado's Department of Local
Affairs for the Historic Arkansas Riverwalk of Pueblo's Visitors Center and Gateway
Park Bridge (Phase IIIA -2) 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.
BY Judy Weaver
Councilperson
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INTRODUCED December 8, 2008
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 2
DATE: DECEMBER 8, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
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. F09S5979 FROM THE STATE OF COLORADO,
DEPARTMENT OF LOCAL AFFAIRS FOR THE HISTORIC ARKANSAS RIVERWALK
OF PUEBLO VISITORS CENTER AND GATEWAY PARK BRIDGE (PHASE IIIA -2)
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 Grant Contract No. F09S5979 from the Energy and
Mineral Impact Assistance Program from the State of Colorado to fund the construction
of the Historic Arkansas Riverwalk of Pueblo's Visitors Center and Gateway Park Bridge
(Phase IIIA -2) project?
RECOMMENDATION
Approve the Resolution.
BACKGROUND
The HARP Foundation has received funds in the amount of $490,622 from local
donations to complete the Visitors Center and Gateway Park Bridge - Phase IIIA -2
project. In November 2007, the City and the HARP Foundation received written notice
of a $279,936 financial grant from the State of Colorado, Department of Local Affairs for
the remodeling of the existing boathouse near Union Avenue into a regional Visitor
Center, and construct a pedestrian bridge in Gateway Park that will be covered with
Veteran memorial plaques. The total project is estimated to cost $770,558.
FINANCIAL IMPACT
In order for City to proceed with the Project and meet the requirements of Grant
Agreement No. FO9S5979, the City will be required to budget and appropriate $770,936
for the Project with the understanding that funding for the Project will be from the
following sources:
$279,936 Department of Local Affairs (EIAF Contract No. FO9S5979)
$110,000 HARP Foundation (Local donations towards the Visitor's Center)
$380,622 HARP Foundation (Local donations towards the Veteran's Bridge)
$770,558 Total EDA Budget & Construction Cost for Phase IIIA -1
This agreement between the City and the HARP Foundation secures the required
matching funds for the grant agreement. No City funds will be used on this project.
COOPERATION AGREEMENT
THIS COOPERATION AGREEMENT ( "Agreement ") is entered into as of December
8 , 2008 between Pueblo, a Municipal Corporation ( "City ") and the HARP Foundation, a
Colorado nonprofit corporation ( "Foundation "), WITNESSETH:
WHEREAS, City is the recipient of Financial Assistance Award Number F09S5979 from
State of Colorado, Department of Local Affairs ("Financial Assistance Award ") for the
expansion of the Historic Arkansas Riverwalk of Pueblo by remodeling the boathouse into a
regional visitors center and construction of the pedestrian bridge that will accommodate the
future `Veterans' plaques ( "the Projects "), 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. The 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.
2. City and Foundation agree that the funding for construction of the Project is as
follows:
Financial Assistance Award $ 279,936
Foundation (Local Donation — Visitor Center, see Exhibit B) 110,000*
Foundation (Local Donation — Vet. Bridge donations) 380,622*
Total $770,558
* City Match includes Budgeted funds from the HARP Foundation that were received
through local donations.
3. 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 $770,558 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.
4. Within ten (10) days prior to constructing each of the projects, the Foundation
will pay the required match for each of the projects to the City. Total match for both projects
will be $490,622, any funds remaining in the project account at the completion of the projects
will be returned to the Foundation.
5. 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.
6. City will furnish Foundation with a copy of any reporting and Request for
Reimbursement filed by City pursuant to the financial requirements of the grant.
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 enter 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 constitutes a legal, valid and binding obligation of
Foundation enforceable against Foundation in accordance with its 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 HARP Authority and Foundation has reviewed and approved the
design prior to any construction beginning on the project.
12. 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: City Manager;
(b) If to Foundation, HARP Foundation, 301 N. Main Street, Suite 303,
Pueblo, Colorado, 81003, Attention: Executive Director; or to such other person or address as
either party may designate in writing given to the other party as above provided.
13. 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.
14. 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
Attest:
City C rk
[SEAL]
Attest:
Secretary
PUEBLO, A MUNICIPAL
By
President of the City Council
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