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HomeMy WebLinkAbout09825ORDINANCE NO. 9825 AN EMERGENCY ORDINANCE APPROVING A STANDARD FORM PARKLET USE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR QUALIFYING BUSINESSES DURING THE COVID-19 PANDEMIC WHEREAS, the City has obtained portable event patios (“parklets”) and created a program to make the parklets available for the use and benefit of restaurants and bars located in the City in order to facilitate compliance with COVID-19 public health measures and provide economic support in connection with COVID-19 public health measures (“Parklet Program”); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The standard form Parklet Use Agreement (“Agreement”), a copy of which is attached hereto and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. During any period of a declared emergency under state or local law based upon an outbreak of COVID-19 within the State of Colorado and with respect to any business that meets the requirements and purpose of the Agreement and the Parklet Program (“Qualifying Business”), the Mayor is authorized to execute said Agreement by and between the Qualifying Business and the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to implement the policies and procedures described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 23, 2020. Final adoption of Ordinance by City Council on November 23, 2020 . President of City Council Action by the Mayor: ☒ Approved on November 25, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # S-1 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 23, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN EMERGENCY ORDINANCE APPROVING A STANDARD FORM PARKLET USE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR QUALIFYING BUSINESSES DURING THE COVID-19 PANDEMIC SUMMARY: The proposed Emergency Ordinance approves a Standard Form Parklet Use Agreement and authorizes the Mayor to execute said Agreement for qualifying businesses during the COVID-19 pandemic. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City has obtained portable event patios (“parklets”) which will be in the public right of way, typically in on-street parking spaces. The parklets allow the expansion of restaurant space outdoors. The City created a program to make the Parklets available for the use and benefit of restaurants and bars located in the City in order to facilitate compliance with COVID-19 public health measures and provide economic support in connection with COVID-19 public health measures (“Parklet Program”). At this time during COVID-19 there will be a waiver for the costs of the use of the parklets. The Outdoor Liquor License and Revocable Permit will be a requirement of the Parklet Program and Use Agreement. The City followed an informal bid procurement process due to the need to have these items available for immediate use. The two companies supplying parklets are: Colorado Parklets from Durango and Western Precision Manufacturing from Grand Junction. The vendors will deliver and install (14) fourteen parklets before the end of 2020 at a total cost of $141,980. FINANCIAL IMPLICATIONS: The 14 parklets for use in the Parklet Program are being built at a cost of $141,980. The funds used to purchase the parklets shall be paid from the Coronavirus Relief Fund, CVRF – CI2010, and the City will make application for reimbursement from the CARES ACT grant fund. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: The Program will not go forward if not approved. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance Parklet Use Agreement PARKLET(S) USE AGREEMENT This Parklet(s) Use Agreement("Agreement") is made and entered into this day of ,20 ,by and between the (hereinafter referred to as "Permittee")and the City of Pueblo, a Colorado Municipal Corporation, (hereinafter referred to as "City"). WHEREAS,the COVID-19 pandemic and resulting COVID-19 public health measures have had a detrimental effect on the ability of bars and restaurants to operate; and, WHEREAS, outdoor service areas allow such establishments to increase their capacity without violating indoor capacity limits and social distancing requirements of the COVID-19 public health measures; and, WHEREAS, City has obtained portable event patios("Parklets") for the use and benefit of such business in order to facilitate compliance with COVID-19 public health measures and provide economic support in connection with COVID-l9 public health measures; and, WHEREAS, Permittee has applied for use of the Parklets and would not otherwise utilize such type of outdoor service area if not provided by City; and, WHEREAS, City is willing to provide the Parklets for use of the Permittee subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Permittee agree as follows: 1. Permittee may use and the City shall provide the following Parklet(s)for the purpose of Permittee operating an outdoor service area subject to all the terms and conditions of this Agreement: 2. The provision and use of the Parklet(s)will be conditioned upon Permittee obtaining and maintaining a sidewalk café permit and related revocable permit,as well as any necessary liquor license modifications, from the City for an area approved by City ("Permitted Area"). 3. Permittee shall keep Parklet(s)and Permitted Area in good,clean and safe condition and repair, free from graffiti, litter, waste and debris. Permittee shall comply at all times with all applicable codes, ordinances, rules and regulations of City and this Agreement. Permittee shall strictly comply with the following requirements: (a) No amplified, excessive or unusually loud noise, or a noise which is unreasonable and objectionable because it is impulsive, continuous, rhythmic, periodic or shrill shall be allowed within the Permitted Area. (b) Permittee shall not place or permit any signs or banners on the Parklet(s)or —1— within the Permitted Area other than string banner and string lights approved by City. Commercial signs or banners are prohibited on the Parklet(s) or within the Permitted Area. (c) No utility connections shall be installed on the Parklet(s)or Permitted Area. Utility connections shall not include string lights approved by City. (d) Permittee shall not place or permit any hazardous materials in or about the Parklet(s) or Permitted Area. 4. Permittee shall be responsible for and liable to the City for any damage to the Parklet(s)during any period of time the Parklet(s)has been provided to Permittee. The City shall at all times have the right to enter the Permitted Area to inspect, improve,maintain,alter or utilize the Permitted Area in any manner authorized to the City. In the exercise of its rights pursuant to this Agreement, Permittee shall avoid any damage or interference with any City installations,structures, utilities, or improvements on, under, or adjacent to the Permitted Area. 5. Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Parklet(s) in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate,naming the City as an additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance and each renewal thereof shall be delivered to the City. 6. Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits,claims,liabilities,loss,damages and expenses,including reasonable attorney fees and cost of defense, arising, directly or indirectly, from or caused by the rights and obligations of Permittee under this Agreement or the conditions hereof, or the existence, installation or maintenance of the Parklet(s) in the Permitted Area,or the use of the Permitted Area or Parklet(s) by Permittee, its officers, agents, employees, invitees or general public. 7. Permittee acknowledges that its use hereunder is of the Parklet(s)in its present,as-is condition with all faults, whether patent or latent, and without warranties or covenants, express or implied. 8. The City is relying on and does not waive or intend to waive by any provision of this Agreement the monetary limitations or any other rights, immunities,and protections provided by the Colorado Governmental Immunity Act,C.R.S. §24-10-101 et seq.,as from time to time amended,or otherwise available to the City, and its officers and employees. 9. The City may in its sole and absolute discretion and at any time terminate this Agreement. Upon termination, Permittee shall immediately deliver up to City the Parklet(s) in as good a condition as when Permittee took possession,excepting only ordinary wear and tear,and the City shall have the right to take immediate possession of and remove the Parklet(s). 10. Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid, as follows: (a) If to Permittee, at the following address —2— (b) If to City, 1 City Hall Place, Pueblo,Colorado, 81003,Attention: Revocable Permit Review Committee. 11. Waiver by the City of any breach of any term of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term or provision thereof. 12. This Agreement is personal to the parties hereto. Permittee shall not transfer or assign any rights hereunder without the prior written approval of the City,which approval shall be at the City's sole option and discretion. 13. This Agreement is the entire agreement between the City and Permittee and may be amended only by written instrument subsequently executed by the City and Permittee. The undersigned signatory of Permittee represents that he or she has been duly authorized to execute this Agreement on behalf of Permittee and has full power and authority to bind Permittee to the terms and conditions hereof. 14. All of the terms and conditions of this Agreement concerning release, indemnification, termination, remedies and liability shall survive termination of this Agreement. 15. The Parties expressly agree that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties. The Parties expressly intend that any person other than the Parties who receives services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Executed at Pueblo, Colorado, the day and year first above written. PERMITTEE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION By By Mayor-Nicholas A. Gradisar Name: ATTEST: Title: City Clerk-Brenda Arm ijo —3—