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HomeMy WebLinkAbout08470ORDINANCE NO. 8470 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE REGENTS OF THE UNIVERSITY OF COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Agreement between the City of Pueblo, a Municipal Corporation, and the Regents of the University of Colorado, relating to the University of Colorado, College of Architecture and Planning Praxis Program, is hereby approved substantially in the form attached hereto, with such minor changes therein as shall be approved by the President of City Council and the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute and deliver said memorandum of 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: March 26, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: April 9, 2012 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-10 MARCH 26, 2012 DEPARTMENT: HOUSING AND CITIZEN SERVICES DIRECTOR – ADA RIVERA CLARK TITLE AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE REGENTS OF THE UNIVERSITY OF COLORADO ISSUE Should the City Council approve the Memorandum of Agreement (MOA) with the Regents of the University of Colorado to partner in a community development vision project? RECOMMENDATION Approval of the Ordinance. BACKGROUND The Department of Housing and Citizen Services in partnership with the Department of Planning and Community Development approached the School of Architecture and Planning Praxis Program at the University of Colorado at Boulder, to work on a visioning plan for the Eastside and Bessemer neighborhood. At the request of the School the target area was reduced and focused. Because of other catalytic activities (skate park, urban renewal area, and possible Fountain Creek projects) the Eastside neighborhood, and more specifically the area bounded by E. 8 St. (to the north), Fountain Creek (to the west), Fountain Ave. (to the east) and E. 1 Ave. (to the south) has been selected as the focus area. The Program is a new component of the School’s curriculum, and the City of Pueblo is their first th client. The scope of work as outlined in the MOA will be presented to City staff on April 27. The scope will include community development (physical space and economic development) and housing components. FINANCIAL IMPACT The scope of work is being completed at no expense to the City. However, the City has agreed to pay for meals, transportation and one night’s lodging for the students and faculty when they come to Pueblo for site visits and presentations. This project will be undertaken under the CDBG and HOME grants. The funding is available in the 250 Fund, CD1101. We anticipate a project cost of $1500. MEMORANDUM OF AGREEMENT BETWEEN CITY OF PUEBLO AND THE REGENTS OF THE UNIVERSITY OF COLORADO THIS MEMORANDUM OF AGREEMENT ( "Agreement ") is made by and between the City of Pueblo, a Municipal Corporation, (hereinafter the "City ") and The Regents of the University of Colorado, a body corporate, contracting for and on behalf of the University of Colorado, College of Architecture and Planning Praxis Program (hereinafter the "University "), together hereinafter "the Parties ". WHEREAS, the City of Pueblo has been heavily engaged with the preservation, stabilization and enhancement of the East Side Neighborhood over the last decade. The East Side Neighborhood is generally bounded by Highway 50 (to the north), Fountain Creek (western edge) and the Arkansas River (after its confluence with Fountain Creek to the south). WHEREAS, these endeavors have involved multiple city departments and divisions, including but not limited to the City Manager's Office, Department of Planning and Community Development, Parks and Recreation, Department of Housing and Citizen Services, and Public Works along with key authorities including the Urban Renewal Authority of Pueblo (hereafter, these city departments and divisions and authorities will be collectively referred to as the "Advisory Team'). WHEREAS, the City desires to establish a gateway that anchors the western edge of the East Side Neighborhood and serves a "catalyst" project for future reinvestment within the area; WHEREAS, The University has agreed to assist the City of Pueblo in the development of a preliminary vision and series of recommendations for the East Side Neighborhood gateway area as part of its Praxis program at the College of Architecture and Planning; NOW THEREFORE, the Parties desire to memorialize their relationship and understandings herein, the parties agree as follows: I. UNIVERSITY RESPONSIBILITIES. A. The University agrees to assist the City of Pueblo in the development of a preliminary vision and series of recommendations for the East Side Neighborhood gateway area ( "Gateway Project "). Students from the University of Colorado Denver's College of Architecture & Planning (the "Students ") will participate in the Gateway Project as part of their Praxis Community Engagement program coursework in Spring 2012, with assistance from the Advisory Team on an as- needed basis. B. For the purposes of this Agreement, the University's project focus will be placed upon that area of the East Side Neighborhood bounded by E. 8th St. (to the north), 1 Fountain Creek (to the west), Fountain Ave. (to the east) and E. 1st Ave. (to the south). C. The University agrees to the following in furtherance of the project: i. Review of Background Materials. Assisted by the Advisory Team, the University will review materials made available to it by the Advisory Team including plans and G.I.S. maps. The University will initiate the preparation of base mapping for the work. ii. Interface Area Analysis. The University will document and map a summary of key resources and systems of the core areas adjacent to the study area. From the review of the data made available and input from the Advisory Team, a summary of resources and systems within this "Interface Area" will be documented. From this material, a preliminary analysis of issues related to the larger interface area and a summary of potential impacts and /or opportunities when overlaid upon the Gateway area itself will be prepared. iii. East Side Gateway Plan. The University will overlay onto the Gateway sub- area the relevant findings of the Interface Area Analysis as they might apply to the existing context. The East Side Gateway Plan will establish a general framework for potential reinvestment opportunities for the two catalyst project areas. iv. El Centro del Quinto Catalyst Projects. The University will explore viable and sustainable recommendations for the El Centro del Quinto Sol area including but not limited to streetscape improvements, public spaces, active recreation (including a skate park), housing, upgrades to the extant community center and linkages to Fountain Creek. Recommendations will incorporate desired improvements included in Attachment 5 of the GOCO grant request (i.e., the Creek Side Access and Activity Area). Documentation of proposed improvements for this area will include a general redevelopment plan supplemented by concepts for general massing as well as preliminary development standards and guidelines for improvements. v. E. 4th St. Gateway Catalyst Projects. The University will explore viable and sustainable recommendations for the E. 4th St. Gateway including but not limited to streetscape improvements, public spaces, linkages to Fountain Creek and opportunities for live /work/shop projects. Recommendations will incorporate desired improvements included in Attachment 5 of the GOCO grant request (i.e., the Creek Side Access and Activity Area). Documentation of proposed improvements for this area will include a general redevelopment plan supplemented by concepts for general massing as well as preliminary development standards and guidelines for improvements. D. During the Spring 2012 semester, the Students will meet primarily on the University's Boulder Campus. There will be an estimated four scheduled site 2 visits to Pueblo, including one overnight site visit. The City of Pueblo will be responsible for the University's costs of transportation and for providing meals and lodging for these site visits. E. The University will stay in close liaison with the Advisory Team and other City of Pueblo department officials throughout the project engagement. F. The University will cooperate in good faith with the City in connection with the performance of each of the activities identified in clauses A -E above. II. CITY OF PUEBLO RESPONSIBILITIES. A. The City will provide representatives and/or contacts for the "Advisory Team ", who will stay in close liaison with the University. This Advisory Team will communicate with and provide assistance to the University throughout the project engagement. B. The City will provide adequate meeting rooms and work space as may be required for the University's on -site activities during site visits. C. The City will reimburse the University for its transportation, including vehicle rental and roundtrip mileage charges as incurred through the University of Colorado Transportation Services for each of the estimated four (4) scheduled site visits to Pueblo. The University shall submit invoices for transportation expenses to Ada Clark within 10 days of completion of the trip. The City may object to any of the expenses by notifying the University within 15 days of receipt of the invoice. If there is no objection to the expenses, the City shall pay the invoice within 30 days of receipt. D. The City will reserve and pay for one night of Lodging in Pueblo at a hotel to facilitate the one scheduled overnight site visit (an estimated 5 -6, double - occupancy rooms. E. The City will provide adequate meals and refreshments for the University during each of the four scheduled site visits: lunch for each of the day site visits; lunch, dinner, breakfast and lunch for the one overnight site visit. F. The City will cooperate in good faith with the University in connection with the performance of each of the activities identified in clauses A -E above. III. EXPENSES. The City shall bear its expenses incurred in the performance of its responsibilities hereunder. The University shall be reimbursed for its expenses as set forth above. 3 IV. TERM AND TERMINATION. The term ( "Term ") of this Agreement shall begin on the date of the last signature hereto and end on June 30, 2012 (or until the full performance of all tasks and duties set forth below, whichever occurs first). Either party may terminate this Agreement by providing written notice in compliance with the notice provisions of this Agreement, giving the non - terminating Party thirty (30) days prior notice of said termination. In the event of such termination, the University shall submit to the City any unreimbursed expenses incurred prior to termination, and the City shall remit payment for said expenses within thirty (30) days after the termination date stated in the notice. V. DISCLAIMER OF WARRANTY. CITY UNDERSTANDS AND AGREES THAT THE SERVICES AND PRODUCTS PROVIDED BY THE STUDENTS ARE PROVIDED "AS IS" AND CITY'S USE OF THE SERVICES AND PRODUCTS IS AT ITS OWN RISK. THE UNIVERSITY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE), WITH RESPECT TO THE SERVICES OR ANY COMPONENT THEREOF INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CITY UNDERSTANDS AND AGREES THAT THE UNIVERSITY SHALL NOT BE RESPONSIBLE FOR THIRD PARTY SERVICES OR PRODUCTS AS IT IS CITY'S OBLIGATION TO SATISFY ITSELF AS TO SUCH SERVICES AND PRODUCTS. VI. NOTICE. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to be given if hand delivered, faxed or mailed by certified mail, return receipt requested. Unless hereinafter changed by written notice to Contractor, any notice to the University shall be delivered, faxed or mailed to the University at: Andy Reid Assistant Dean, Administrative Services College of Architecture & Planning University of Colorado Denver P.O. Box 173364 Campus Box 126 Denver, CO 80217 -3364 Tele: (303) 352 -3860 Fax: (303) 556 -3687 andy.reid @ucdenver.edu 4 Unless hereinafter changed by written notice to the University, any notice to City shall be delivered, faxed or mailed to City at: Ada Clark , Director Department of Housing and Citizen Services City of Pueblo 2631 East 4 Street Pueblo, CO 81001 Tele: (719) 553 -2845 Fax: adaclark @pueblo.us with a copy to: City Attorney's Office 503 N. Main Street, Ste. 202 Pueblo, CO 81003 Tele: (719) 562 -3899 Fax: (719) 544 -1007 csikes @pueblo.us All notices delivered by hand shall be effective upon delivery and all notices mailed by certified mail, return receipt requested, or faxed shall be effective when received, as indicated on the return receipt or facsimile transmittal. VII. OWNERSHIP OF WORK PRODUCT. Any reports, studies, or other documents produced under this Agreement shall be the property of the Parties hereto, jointly and severally, subject to the provisions of the Colorado Open Records Act regarding its release to the public. Neither Party may restrict or prohibit use of any tangible work product by the other Party. VIII. CONFIDENTIALITY. During the course of work pursuant to this Agreement, either party may come in contact with the other party's information of a sensitive nature, including but not limited to, information from personnel records and information concerning a party's operations or strategic or tactical plans. Neither party shall disclose such information of the other party, or any information that could directly or indirectly affect the other party or its employees, except as authorized by the other party or as required by applicable law. IX. LIABILITY; LIMITS OF LIABILITY. Each of the Parties agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law, provided however, the Parties hereto understand and agree that liability for 5 claims and injuries to persons or property arising out of the negligence of either Party, their employees, agents or representatives is controlled and limited by the provisions of the Colorado Governmental Immunity Act, C.R.S. §§ 24 -10 -101 through 24 -10 -120, as amended ( "Act "). Any provision of this Agreement, whether or not incorporated by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the University and the City to the above cited Act. It is specifically understood and agreed that nothing contained in this paragraph or elsewhere in this Agreement shall be construed as an express or implied waiver by. the University or the City of its governmental immunity or as an express or implied acceptance by the University or the City of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the Act. It is specifically understood and agreed that nothing contained in this paragraph or elsewhere in this Agreement shall be construed as the assumption by the University of a debt, contract or liability of the City, in violation of Article XI, Section 1 of the Constitution of Colorado. Notwithstanding the foregoing, in no event will either Party be liable, in contract or tort, to the other Party or its agents, successors or assigns for special, indirect, incidental or consequential damages resulting from such Party's performance or nonperformance of its obligations under the terms of this Agreement, including the services of the Students, or the University's suspension of such services. X. INDEPENDENT ENTITY. The University is an independent entity under this Agreement and is not a City of Pueblo employee for any purpose, including but not limited to the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the Colorado Unemployment Compensation Law and the Colorado Workers' Compensation Act. The University retains sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement, except to the extent specified in this Agreement. XI. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. XII. FORCE MAJEURE. Neither party shall be considered to be in default as a result of its delay or failure to perform its obligations herein when such delay or failure arises out of causes beyond the reasonable control of the party. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the state, or the United States in either its sovereign or contractual capacity, fires, floods, epidemics, strikes, and unusually severe weather; but, in every case, delay or failure to perform must be beyond the reasonable control of and without the fault or negligence of the party. 6 XIII. WAIVER. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent to breach is in writing. XIV. PARTIAL INVALIDITY. Should any part of this Agreement, for any reason, be declared invalid by a court of competent jurisdiction, the remaining portion shall remain in full force and effect as if this Agreement had been executed without the invalid portion. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. XV. GOVERNING LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. XVI. SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of all assigns, transferees and successors in interest of the parties hereto. XVII. HEADINGS. Headings herein are for reference only and shall not be considered a substantive part of the Agreement. XVIII. SUBCONTRACTING. Neither party shall subcontract any of the services described in this Agreement without the prior written approval of the other party. XIX. MODIFICATIONS. No amendment to this Agreement shall be effective unless in writing and signed by the duly authorized representatives of both parties. XX. ENTIRE AGREEMENT. The terms and provisions of this Agreement, its attachments, exhibits and amendments, represent the entire understanding of the parties with respect to the subject matter of this Agreement. No representations or warranties are made by Contractor or the University except as herein set forth. 7 XXI. ASSIGNMENT. Neither party shall assign any obligation hereunder or assign any interest or right herein without the prior written consent of the other party. XXII. ADVERTISING AND PUBLICITY. Any and all publicity, press releases, articles, or other media regarding this project shall accurately describe and include the University's and the City's participation in the project. All publications that include the use of the City's or the University's name, logos, or marks shall be reviewed and approved, in writing, by the parties prior to publication; provided, however, that the City may use pictures in its advertising in any form or format without obtaining the University's consent so long as such pictures do not include the use of the University's name, logo or marks. City acknowledges and agrees to abide by the Family Educational Rights and Privacy Act for the education records created as a result of this Agreement. City acknowledges that it may need to request and receive permission from University students for the purposes of publicity as indicated in this paragraph. 8 CONTRACT SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT THE REGENTS OF THE UNIVERSITY CITY OF PUEBLO, COLORADO OF COLORADO, a body corporate By By Roderick N rn C r K. of •. n Provost, University of Colorado Denver President of the City Council 371 4 // Y April 9, 2012 Date Date ATTEST Ci Clerk 9