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HomeMy WebLinkAbout12814RESOLUTION NO. 12814 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, THE PUEBLO URBAN RENEWAL AUTHORITY, HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY, AND THE HARP FOUNDATION RELATING TO FINANCIAL ASSISTANCE AWARD NO. F14S7279 FROM THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS FOR THE PUEBLO DOWNTOWN TOURISM IMPROVEMENTS STUDY 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; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An Agreement between the City of Pueblo, a Municipal Corporation, the Pueblo Urban Renewal Authority, a body corporate and politic of the State of Colorado, The Historic Arkansas Riverwalk of Pueblo Authority, a governmental entity formed pursuant to Article XIV, Section 18(2)(a) and (b) of the Colorado Constitution and Section 29-1-201, C.R.S, and the HARP Foundation, a Colorado nonprofit corporation, relating to financial assistance award no. F14S7279 from the State of Colorado’s Department of Local Affairs for the Pueblo Downtown Tourism Improvements Study, 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. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to effectuate the transactions described therein. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED: October 15, 2013 BY: Ami Nawrocki Background Paper for Proposed RESOLUTION DATE: OCTOBER 15, 2013 AGENDA ITEM # Q-3 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, THE PUEBLO URBAN RENEWAL AUTHORITY, HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY, AND THE HARP FOUNDATION RELATING TO FINANCIAL ASSISTANCE AWARD NO. F14S7279 FROM THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS FOR THE PUEBLO DOWNTOWN TOURISM IMPROVEMENTS STUDY AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an agreement between the City of Pueblo, the Pueblo Urban Renewal Authority (“PURA”) , Historic Arkansas Riverwalk of Pueblo Authority (“HARP”), and the HARP Foundation (“Foundation”) relating to Grant Contract No. F14S7279 from the Energy and Mineral Impact Assistance Program from the State of Colorado to fund the Pueblo Downtown Tourism Improvements Study? RECOMMENDATION Approve the Resolution. BACKGROUND In August 2013, the City and the Foundation received written notice of a $25,000 Financial Assistance Grant from the State of Colorado, Department of Local Affairs (“DOLA”) for the Pueblo Downtown Tourism Improvements Study. The DOLA funds are being matched with $15,000 from the Foundation and $10,000 from PURA. The total project budget is $50,000. The Study will develop a Master Plan for the area centered on the interface between the Historic Arkansas Riverwalk Project and the new Convention Center expansion within Pueblo’s Tourism Zone (RTA), located within and adjacent to the City of Pueblo’s Creative Corridor (the “Project”). The purpose of the study of this “sub area” is to facilitate the proper integration of the expansions of Pueblo’s Convention Center, HARP, Gateway Area, and other development within the RTA located within the Creative Corridor. This Agreement establishes the responsibilities of each party for the administration of the Financial Assistance Award funds, as follows: 1. The City is responsible for the administration of the financial assistance award and assumes and shall be responsible for the receipt and disbursement of all funds for the Project including the Financial Assistance Award. 2. The HARP Foundation will prepare and solicit Requests for Qualifications from Civil Engineering and Design Firms, enter into a contract, and oversee the administration of the contract scope of work in accordance with the Financial Assistance Award requirements. 3. The Agreement stipulates that the funding for the Project is as follows: DOLA Financial Assistance Award $25,000 HARP Foundation (Local Donation) $15,000 PURA (Local Donation) $10,000 FINANCIAL IMPACT In order for City to proceed with the Project and meet the requirements of Grant Agreement No. F14S7279, an Ordinance approving a grant agreement between DOLA and the City must be approved by City Council. The final reading of an Ordinance establishing the Pueblo Downtown Tourism Improvements Study Project, budgeting and appropriating $50,000 for the Project, and approving a grant agreement with DOLA for the Financial Assistance Award is being heard concurrently at the October 15, 2013 City Council meeting. When requested by the City, PURA and the Foundation will pay to the City the required matching funds in the amount of $25,000 as set forth in paragraph 3 above for the Project. Any funds remaining in the project account at the completion of the Project will be proportionally returned to the Authority and the Foundation. This agreement between the City, PURA, HARP, and the Foundation secures the required matching funds for the grant agreement. No City funds will be used on this Project. Cooperation Agreement DOLA Contract THIS COOPERATION AGREEMENT (the "Agreement "), is made and entered into as of this 15 day of October, 2013, by and among the CITY OF PUEBLO, a Colorado municipal corporation (the "City; the PUEBLO URBAN RENEWAL AUTHORITY , a body corporate and politic of the State of Colorado ( "PURA') , THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY, a governmental entity formed pursuant to Article XIV, Section 18(2)(a) and (b) of the Colorado Constitution and Section 29 -1 -201, C.R.S ( "HARP' ), and the HARP FOUNDATION, a Colorado nonprofit corporation ( "Foundation ") . The parties are sometimes referred to herein collectively as the "Parties" and individually as a "Party", WITNESSETH: WHEREAS, City is the recipient of Financial Assistance Award Number EIAF 7279 — Pueblo Downtown Tourism Improvement Study from State of Colorado, Department of Local Affairs ( "Financial Assistance Award ") for the development of a Master Plan for the area centered around the interface between the Historic Arkansas Riverwalk Project and the new Convention Center expansion within Pueblo's Tourism zone (RTA), located within and adjacent to the City of Pueblo's Creative Corridor ( "the Project "), 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, the Parties 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, the Parties agree as follows: 1. The City assumes and shall be responsible for (i) the administration of the Financial Assistance Award, and (ii) receipt and disbursement of all funds for the Project including the Financial Assistance Award 2. The HARP will prepare and solicit Requests for Qualifications from Civil Engineering and Design Firms, enter into a contract, and oversee the administration of the contract scope of work in accordance with the Financial Assistance Award requirements. HARP will, upon its approval, submit the bills incurred pursuant to said contract to City for payment and City will not unreasonably withhold payment of such bills which have been approved for payment and submitted by HARP. 3. City, PURA, and Foundation agree that the funding for the Project is as follows: Financial Assistance Award $ 25,000.00 Foundation (Local Donation) $ 15,000.00 PURA (Local Donation) $ 10, 000.00 Total $ 50,000.00 4. 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 $50,000 for the Project with the understanding that all funding for the Project from the funding sources set forth in paragraph 3 hereof will be paid to and received by the City. 5. When requested by the City, PURA and the Foundation will pay the required match set forth in paragraph 3 hereof for the Project to the City. Total match for the Project will be $25,000. Any funds remaining in the project account at the completion of the Project will be proportionally returned to the Authority and the Foundation. 6. The Manager of City shall designate a City representative who along with representatives from PURA, HARP and the Foundation will serve as the Project monitoring group for the Project. 7. City will furnish PURA and Foundation with a copy of any reporting and Request for Reimbursement filed by City pursuant to the financial requirements of the Financial Assistance Award. 8. PURA and the Foundation warrant and represent that: (a) PURA, HARP and the Foundation are duly organized and validly existing in good standing under the laws of the State of Colorado; have all necessary power to enter into and perform the covenants, conditions, assurances and obligations on their parts to be performed under this Agreement and the Financial Assistance Award and by proper action have 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) PURA and the Foundation have sufficient funds committed and available from sources, which may lawfully be used to timely meet and pay their financial obligations under this Agreement. 9. 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, 200 S. Main, Pueblo, Colorado, 81003, Attention: City Manager; (b) If to the Foundation, HARP Foundation, 125 Riverwalk Place, Pueblo, Colorado, 81003, Attention: Executive Director; (c) If to HARP, HARP Authority, 125 Riverwalk Place, Pueblo, Colorado, 81003, Attention: Executive Director; (d) If to PURA, Pueblo Urban Renewal Authority, 115 E. Riverwalk, Suite 410, Pueblo, Colorado, 81003, Attention: Executive Director; or to such other persons or addresses as the parties may designate in writing given to the other parties as above provided. 10. 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. 11. This Agreement may not be assigned by the parties without the consent of the other parties and shall be binding upon and inure to the benefit of the parties and their respective successors and approved assigns. Executed at Pueblo, Colorado, as of the day and year first above written. [SEAL] PUEBLO,A w CO " ORATION Attest: By lo !' City Clerk President of the City Council [SEAL] HARP ATIO Attest: By at /, _ / • Secretary Chairperson [SEAL] Historic Arkansas Rive alk of Pueblo Authority Attest: Secreta , Chairperson [SEA Pueblo Urban Re' wal Authority �� C Attest: JAi -cretary Chai I •rson