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HomeMy WebLinkAbout08441ORDINANCE NO. 8441 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT, RELATING TO THE PLAZA VERDE TRAILHEAD PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the Fountain Creek Watershed Greenway and Flood Control District Board has approved a cash contribution of $10,000 for the Plaza Verde Trailhead Project subject to City Council approval of the Memorandum of Agreement, dated January 9, 2012; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following Memorandum of Agreement dated as of January 9, 2012, between the City and the Fountain Creek Watershed Flood Control and Greenway District, relating to the Plaza Verde Trailhead Project, copies of which are attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED December 27, 2011 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: January 9, 2012 Background Paper for Proposed O RDINANCE DATE: DECEMBER 27, 2011 AGENDA ITEM # R-6 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT, RELATING TO THE PLAZA VERDE TRAILHEAD PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an agreement between the City of Pueblo, a Municipal Corporation, and the Fountain Creek Watershed, Flood Control, and Greenway District relating to the Plaza Verde Trailhead Project? RECOMMENDATION Approve the Ordinance. BACKGROUND On February 28, 2011, City Council authorized the submittal of a grant request to the Great Outdoors Colorado Trust Fund for the Plaza Verde Trailhead Project. The grant application included a commitment from the Fountain Creek Watershed, Flood Control, and Greenway District (District) to provide $10,000 in cash funding for the Project. The grant was awarded to the City of Pueblo in June 2011 and the grant agreement was approved on August 8, 2011. This Agreement formalizes the District and City responsibilities for the use and acceptance of the cash contribution by the District for the Project. The Project consists of a 10-foot wide concrete trail, 4-foot wide sidewalk along the west side of Fountain Avenue bordering the park and trailhead, a trail overlook above Fountain Creek, benches, trash/recycling receptacles and re-vegetation within Plaza Verde Park. The contribution from the District is subject to the following provisions: 1. The District Grant matching funds may only be used to fund the design of the Plaza Verde Trailhead in accordance with the GOCO Grant Agreement. Should the City not complete the requirements of the GOCO Grant agreement, the City will return the matching funds in full to the District. 2. The City will provide monthly project progress reports to the District. 3. The City will provide to the District a copy of all design documents produced for the Project at the completion of the Project. 4. The City will hold the District harmless from any disputes that may arise between the City and its contractors or GOCO or any other parties that may become associated with the Project. 5. The City has full responsibility for the cost of the Project and the District will assume no responsibility to provide additional funds required for the Project that may arise for any reason. FINANCIAL IMPACT City Council approved Ordinance 8383 on August 22, 2011, establishing the Plaza Verde Trailhead Capital Improvement Project No. PL1103, budgeting and appropriating $127,000 for the Project and approving a grant agreement between the City of Pueblo and the State Board of the Great Outdoors Colorado Trust Fund. Ordinance 8383 recognized that the Fountain Creek Watershed Greenway and Flood Control District Board approved a cash contribution of $10,000 for the Plaza Verde Project on July 29, 2011. The following is a breakdown of funding for the Project: Great Outdoors Colorado Grant $ 80,000 City of Pueblo CTF Funds 30,000 Fountain Creek Watershed Greenway and Flood Control District 10,000 City of Pueblo In-Kind Funds 7,000 Total - Plaza Verde Trailhead Project $127,000 MEMORANDUM OF AGREEMENT BETWEEN THE FOUNTAIN CREEK WATERSHED, FLOOD CONTROL AND GREENWAY DISTRICT AND THE CITY OF PUEBLO FOR GRANT MATCHING FUNDS Whereas, The Fountain Creek Watershed, Flood Control and Greenway District (District) was established by Senate Bill 09 -141 to manage, administer and fund the capital improvements necessary in the Fountain Creek Watershed and the Fountain Creek Watershed Management Area, and specifically having as one objective, to develop public recreational opportunities including parks, trails and open space, and Whereas, the City of Pueblo (City) has received a grant from Greater Outdoors Colorado (GOCO) in the amount of $80,000 for the design of the construction of the Plaza Verde Trail Head, and Whereas, the District, in the interest of supporting the City, will provide Grant matching funds to the City in the amount of $10,000, subject to the following provisions: 1. The District Grant matching funds may only be used to fund the design of the Plaza Verde Trail Head in accordance with the GOCO Grant agreement. Should the City not complete the requirements of the GOCO Grant agreement, the City will return the matching funds in full to the District. 2. The City will provide monthly project progress reports to the District. 3. The City will provide to the District a copy of all design documentation produced for the project at the completion of the project. 4. The City will hold the District harmless from any disputes that may arise between the City and its contractors or GOCO or any other parties that may become associated with the project. 5. The City has full responsibility for the cost of the project and the District will assume no responsibility to provide additional funds required for the project that may arise from any reason. Any notices or correspondence associated with this agreement shall be directed to: For the District: Larry Small Executive Director Fountain Creek Watershed, Flood Control and Greenway District P.O. Box 26373 Colorado Springs, CO 80936 -6373 For the City: Scott Hobson Assistant City Manager for Community Investment City of Pueblo 211 East D Street Pueblo, CO 80903 1 . - T h i s Memorandum of Agreement to be effective this 9th day of January 2012 as witnessed by the following signatories: For the District: 2- 3 oGL l� Dennis Hisey Dated Chairman, Board of Directors Fountain Creek Watershed, Flood Control and Greenway District Attest: 1d644-- Jai .2„2o/, Gabri- •rtega Dated Seer; : ry Fountain Creek Watershed, Flood Control and Greenway District For the City: January 9, 2012 resi ent f th Co cil Dated City of Pueblo Attest: • January 9, 2012 City erk Dated City of Pueblo 2