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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 PRt %rtw unri, A :s r) a { CLERK 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 0