HomeMy WebLinkAbout08382ORDINANCE NO. 8382
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO
ROTARY 43 TO PROVIDE $36,000 TOWARDS THE CITY PARK
SHELTER ENHANCEMENT PROJECT NO. PL1004,
APPROPRIATING AN ADDITIONAL $36,000 TO THE PROJECT,
INCREASING THE PROJECT BUDGET TO $438,799, AND
AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE
SAME
WHEREAS, on December 13, 2010, the City of Pueblo approved the City Park Shelter
Enhancement Capital Improvement Project No. PL1004 totaling $402,799 to construct various
shelters in City Park; and;
WHEREAS, Pueblo Rotary 43 wishes to partner with the City of Pueblo and provide
$36,000 towards the Project, subject to the execution of the Agreement. NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
An Agreement between the City of Pueblo, a Municipal Corporation, and Pueblo Rotary
43 to provide $36,000 in funds to Project PL1004, a copy of which is attached hereto having
been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
Funds in the amount of $36,000 are appropriated to Project No. PL1004.
SECTION 3.
Capital Project No. PL1004 is increased from $402,799 to $438,799.
SECTION 4.
The President of City Council is hereby authorized to execute and deliver said Grant
Agreement in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the
City Clerk shall affix the seal of the City thereto and attest the same.
INTRODUCED August 8, 2011
BY: Chris Kaufman
COUNCILPERSON
PASSED AND APPROVED: August 22, 2011
Background Paper for Proposed
ORDINANCE
DATE: AUGUST 8, 2011 AGENDA ITEM # R-3
DEPARTMENT: PARKS AND RECREATION
CREIGHTON WRIGHT, DIRECTOR
PLANNING & COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION, AND PUEBLO ROTARY 43 TO PROVIDE $36,000
TOWARDS THE CITY PARK SHELTER ENHANCEMENT PROJECT NO. PL1004,
APPROPRIATING AN ADDITIONAL $36,000 TO THE PROJECT, INCREASING THE
PROJECT BUDGET TO $438,799, AND AUTHORIZING THE PRESIDENT OF
COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve an agreement with Pueblo Rotary 43 to provide
$36,000 towards the City Park Shelter Enhancement Project No. PL1004, appropriate
said funds to the project and increase the project budget to $438,799?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
The Pueblo Rotary 43 organization wishes to partner with the City of Pueblo in
celebration of their 100 year anniversary. Rotary is proposing to contribute $36,000 to
be used to enhance the new large picnic shelter that is estimated to cost $100,000 and
is currently being planned as part of the City Park Enhancement Project (PL1004).
Rotary will also provide an entry way sign, plaques depicting events that have taken
place in the 100-year history of Rotary 43 and a weathervane on the roof bearing the
Rotary logo. The project will be constructed by March 31, 2012.
On December 13, 2010, the City approved Ordinance No. 8293 which created City Park
Shelter Enhancement Capital Improvement Project No. PL1004 and entered into an
agreement with GOCO to provide funding for the project. The complete project includes
the construction of five (5) small picnic structures and one large picnic structure,
described above in partnership with Rotary 43. The entire project will also include four
or five freestanding fabric sail-type structures located in the kiddie ride area of the Park.
The shelters will include walkways, landscaping, picnic tables and trash cans.
FINANCIAL IMPACT
The following is a breakdown of the funds for the "City Park Shelter Enhancement,"
Project No. PL1004.
Great Outdoors Colorado Grant $ 197,799
BH Transfer ( 200,000
Substituted for Pueblo
)
County 1A Funds
Xcel Energy Sponsorship 5,000
Pueblo Rotary 43 36,000
Total Project $438,799
AN AGREEMENT BETWEEN THE CITY OF PUEBLO
AND PUEBLO ROTARY 43
FOR CONSTRUCTION OF A LARGE PICNIC SHELTER AT CITY PARK
This Agreement ( "Agreement ") is between the City of Pueblo, a Municipal Corporation
( "City ") and Pueblo Rotary 43, a Colorado nonprofit corporation ( "Rotary 43")
RECITALS
WHEREAS, Rotary 43 wishes to contribute to the City $40,000 in funds less the costs of
designing, fabricating, and installing an entry way sign, Rotary plaques, and a weathervane, all
of which in the aggregate will not exceed $4,000, to design and construct a large picnic shelter
( "Large Shelter ") at City Park designed for approximately 100 people to be located between the
existing concession building and the Pueblo Zoo, as shown on Exhibit A, and
WHEREAS, City is willing to permit Rotary 43 to install at the Large Shelter, at Rotary
43's sole expense, a sign above the entryway bearing the Rotary logo and the inscription
"Rotary 43 Centennial Pavilion," plaques on each column of the Large Shelter depicting events
that have taken place in the 100 -year history of Rotary 43, and a weathervane on the roof bearing
the Rotary logo,
WHEREAS, it is the intention of Rotary 43 that the Large Shelter be completed by
March 31, 2012 so that it may be incorporated into Rotary 43's Centennial Celebration, and
WHEREAS, the parties presently intend that the Large Shelter remain within Pueblo
City Park for its useful life, provided that if the City determines that the use of the Park requires
relocation of the Large Structure, the parties will discuss the relocation in a reasonable effort to
agree on an alternate location.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and Rotary 43 agree as follows
TERMS AND CONDITIONS
SECTION 1 ROTARY 43'S OBLIGATIONS
1 1 Within thirty (30) days of execution of this Agreement, Rotary 43 shall pay to and
contribute Forty Thousand Dollars ($40,000) in cash to the City to design and construct the
Large Shelter, minus the costs for the design, fabrication, and installation of a sign above the
entryway bearing the Rotary logo and the inscription. "Rotary 43 Centennial Pavilion," plaques
on each column of the Large Shelter depicting events that have taken place in the 100 -year
history of Rotary 43, and a weathervane on the roof bearing the Rotary logo ( "Rotarian Items "),
the cost of which, including all such Rotarian Items, shall not exceed $4,000 The Rotarian Items
shall be designed, fabricated and installed as graffiti and vandalism resistant to the maximum
extent possible These funds shall be contributed to the City before the City commences any
work for or awards any contract for design, materials or construction of the Large Shelter The
sums contributed by Rotary 43 shall be in addition to the City funds identified on the Project
Budget. See Exhibit B attached hereto
1.2 Rotary 43 shall submit to the City an initial proposed design for the Rotarian
Items. The City shall have sole and absolute discretion to approve or disapprove Rotary 43's
design of the Rotarian Items. None of the Rotarian Items may be fabricated or installed until the
City has approved the design of each Rotarian Item in writing. After the City has approved the
design of all such Rotarian Items in writing, Rotary shall fabricate and install the same at the
Shelter, and gift the same to the City as the City's sole property The funds necessary for the
design, fabrication, and installation of the Rotarian Items shall be deducted from the $40,000
cash contribution. The cost for the design, fabrication, and installation of the Rotarian Items
shall be incurred by Rotary 43, and shall not exceed a total of $4,000, giving the City a cash
contribution of no less than $36,000
1 3 The size, materials, placement, and design of the Rotarian Items shall be subject
to the City's sole and absolute discretion to approve or disapprove the same Rotary 43 shall
provide the City with the proposed initial design of the Rotarian Items no later than one month
after the City has completed the design for the Large Shelter The City shall review Rotary 43's
proposed initial design and shall approve or disapprove the same within a reasonable time, but
not more than 60 days. Rotary 43 shall not fabricate or install the Rotarian Items until the City
has approved the design for each Rotarian Item in writing.
1 4 In the event that the Rotarian Items are damaged by weather, fire, accident,
vandalism, or other sources, Rotary 43 shall repair or replace the item to the City' satisfaction
within a reasonable time after being notified of the same If Rotary does not promptly repair the
item, or the repair or replacement is not satisfactory to the City, the City may remove the
damaged item.
SECTION 2. CITY'S OBLIGATIONS
2 1 City shall construct the Large Shelter, which shall be completed by March 31,
2012, subject to reasonable extension of time for delays which may be caused by adverse
weather, non - delivery of properly ordered materials, labor disputes, fire, acts of God,
transportation delay, delay caused by contractors, and other delays not the fault of City
2.2 Rotary 43 may submit ideas and proposals for design of the Large Shelter, but the
City shall have sole and absolute authority over the final design of the Large Shelter and the
Rotarian Items
2.3 City shall permit Rotary 43 to install the Rotarian Items subject to City's approval
of size, design, materials, and placement.
2.4 Picnic tables and benches, which shall provide seating for approximately 100
persons, as well as electricity, walkways, landscaping and other details provided for in Exhibit B,
Project Budget, shall be included as components of the Large Shelter
SECTION 3. MISCELLANEOUS.
3 1 Notices. Any notice, demand or request provided in this Agreement shall be in
writing and sent by certified mail, return receipt requested to the other Party at the addresses
listed below or at such other address as each party may provide the other by notice as provided in
this section. Such notice shall be deemed to have been given when deposited in the regular
United States mail
If to City
City Manager
City of Pueblo
One City Hall Place
Pueblo, CO 81001
With an additional copy to
City Attorney
City of Pueblo
503 N Main Street, Suite 203
Pueblo, CO 81003
or to such other address or addresses as City may from time to time designate in a written notice
to Rotary
If to Rotary 43
Rotary 43
President
120 N Dayton Avenue
Pueblo, CO 81003
or to such other place as City or Rotary 43 may from time to time designate in a written notice
given to City
3.2 Relationship Nothing in this Agreement is intended to, or shall be deemed to
constitute, a partnership or point venture between the Parties, or to create any agency or partner
relationship between the Parties. Neither Party shall hold itself out as a partner, joint venture,
agent, or representative of the other under this Agreement.
3.3 Additional Documents or Action. The Parties agree to execute any additional
documents or take any additional action that may be necessary to carry out this Agreement.
3 4 Assignment. This Agreement shall not be assigned by ROTARY 43 without the
prior written consent of the City, which consent may be granted, denied, or conditioned in City's
sole and absolute discretion.
3 5 Force Majeure. Any delays in or failure of performance by any party of its
obligations under this Agreement shall be excused if such delays or failure are a result of acts of
God, fires, floods, storms, lightning strikes, labor strikes, labor disputes, accidents, regulations or
orders of civil or military authorities, shortages of labor or matenals, or other causes, similar or
dissimilar, which are beyond the control of such party
3 6 Binding Effect. This Agreement shall inure to the benefit of, and be binding
upon, the Parties, their respective legal representatives, successors, and assigns, provided,
however, that nothing in this paragraph shall be construed to permit the assignment of this
Agreement except as otherwise expressly authorized herein.
3 7 Section Captions. The captions of the Sections in this Agreement are set forth
only for the convenience and reference of the Parties and are not intended in any way to define,
limit or describe the scope or intent of this Agreement.
3 8 Integration, Severability, Amendment, and Counterparts. This Agreement
represents the entire agreement between the Parties and supersedes all prior discussions and
written agreements or understandings. This Agreement may be amended only by an instrument
in writing signed by the Parties. If any provision of this Agreement is held invalid or
unenforceable, no other provision shall be affected by such holding, and all of the remaining
provisions of this Agreement shall continue in full force and effect. This Agreement may be
executed in multiple counterparts, each of which shall be deemed an original, and all of which
together constitute one and the same agreement.
3 9 No Third Party Beneficiaries, No Waiver of Immunities. Nothing in this
Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or
assume any liability for or on behalf of any third party, or to waive any immunities or limitations
conferred under federal or state law, including but not limited to the Colorado Governmental
Immunity Act, § 24 -10 -101 et seq., C.R.S
3 10 Waiver of Breach. A waiver by any party to this Agreement of the breach of any
term or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either party
3 11 Governing Law and Venue This Agreement shall be governed by the laws of the
State of Colorado Venue for any action arising under this Agreement or for the enforcement of
this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado
3 12 No Multi -Year Fiscal Obligation on City This Agreement is expressly made
subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor
deemed to constitute, the creation of a debt or multi -year fiscal obligation or an obligation of
future approprations by the City Council of Pueblo, contrary to Article X, § 20 Colorado
Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any
other provision of this Agreement, with respect to any financial obligation of the City which may
arise under this Agreement in any fiscal year after 2011, in the event the budget or other means
of appropriations for any such year fails to provide funds in sufficient amounts to discharge such
obligation, such failure shall not constitute a default or breach of this Agreement, including any
sub - agreement, attachment, schedule, or exhibit thereto, by the City
3 13 Authority of Signers. Each person signing this Agreement on behalf of a party
represents and warrants that he or she has the requisite power and authority to enter into, execute,
and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally
binding obligation of such party enforceable against it in accordance with its terms.
3 14 Attorney's Fees and Costs of Collection. In the event that it becomes necessary
for either party to bring any action or proceeding to enforce any provision of this Agreement, or
to seek specific performance, said party shall be entitled to collect its reasonable attorneys fees,
costs of suit, and costs of collection as part of the judgment in such action or proceeding,
including but not limited to costs of in -house counsel and legal staff
Executed this 2 2 day of u s 4 , 2011
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By
President 1114
f the City Council
ATTEST
City ...P.VA„cp-Srl-zieSkiLk.
rk
Approved to as form.
7 A 4 m V■e
City Attorn
ROTARY 43, A COLORADO NON - PROFIT
CORPORATION
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