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
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Attest: JAi
-cretary Chai I •rson