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
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. -
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
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