HomeMy WebLinkAbout15071RESOLUTION NO. 15071
A RESOLUTION APPROVING A SPONSORSHIP AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND CACTUS COMMUNICATIONS, INC., A
COLORADO CORPORATION, ON BEHALF OF ITS CLIENT,
THE COLORADO LOTTERY
WHEREAS, in accordance with Pueblo Municipal Code Section 10-1-2(b), the Director
of Parks and Recreation is authorized to enter into short term non-exclusive advertising or
sponsorship agreements exceeding $10,000 in value and in favor of the City with approval by
Resolution of City Council; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The attached Sponsorship Agreement (“Agreement”) by and between the City of Pueblo,
a Municipal Corporation, and Cactus Communication, Inc., a Colorado Corporation, on behalf of
its client the Colorado Lottery, making available $20,000 in snow removal services, a copy of
which is attached hereto and made a part hereof by reference, after having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2.
The signature of the Director of Parks and Recreation to the Agreement is hereby
authorized and ratified.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Resolution.
SECTION 4.
This Resolution shall become effective immediately upon final approval.
INTRODUCED: November 28, 2022
BY: Larry Atencio
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk's Office Item # M8
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: November 28, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM:
Steven Meier, Director of Parks and Recreation
SUBJECT: A RESOLUTION APPROVING A SPONSORSHIP AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND CACTUS COMMUNICATIONS, INC., A COLORADO
CORPORATION, ON BEHALF OF ITS CLIENT, THE COLORADO
LOTTERY
SUMMARY:
Attached is a Resolution approving a sponsorship agreement between the City of
Pueblo and Cactus Communications, Inc. on behalf of its client, the Colorado Lottery,
for the procurement and management of snow removal subcontractor services.
PREVIOUS COUNCIL ACTION:
Resolution No. 14792 was approved on January 24, 2022, approving an agreement
with Cactus Communications, Inc. for the same sponsorship.
BACKGROUND:
The Colorado Lottery reached out to the Pueblo Parks and Recreation Department
concerning a potential sponsorship for a snow removal program on the Arkansas River
trail from Runyon Lake to the Lake Pueblo State Park boundary. The term of this
agreement expires April 30, 2023, unless terminated sooner with agreement by both
parties.
FINANCIAL IMPLICATIONS:
The Colorado Lottery will cover all expenses for the portion of the trail up to $2,000 per
plow for up to 8 inches of snowfall and $2,450 per plow for snowfall over 8 inches.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
Not approving the Resolution will cause the sponsorship agreement from the vendor to
be returned and the project will be canceled.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. Sponsorship_Agreement_-_Snow_Removal_Colorado_Lottery_2023_Fully
Executed 11.01.22
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SPONSORSHIP AGREEMENT /
This sponsorship agreement("Agreement")is made effective November 1,2022 by and between City
of Pueblo Parks&Recreation("City"), and Cactus Communications, Inc., a Colorado corporation,on
behalf of its client,the Colorado Lottery("Sponsor"). City and Sponsor may be referred to together as
"Parties"and individually as"Party."
1) Term:The term of the Agreement shall commence on November 1,2022("Effective Date")and end
on April 30,2023 unless sooner terminated in accordance with the provisions of this Agreement(the
"Term").
2) Rights and Obligations:The parties agree to and acknowledge the following rights and obligations
under this Agreement:
a)City shall be solely responsible for the procurement and management of the snow removal
subcontractors services. City shall subcontract with its selected provider,Abe's Landscaping and
Maintenance,although said provider may be changed as needed, ("Provider")to provide the
following snow removal services:
i) Snow removal services are based on a 2"trigger.
ii) Plowing will typically begin within two hours after the snowfall has stopped. Overnight snowfall
will be plowed after it stops,typically within two hours of sunrise. Daytime snowfall will be
plowed typically within two hours of sunrise the following day unless there is ample sunlight to
plow before dark on the same day
iii) Plowing of snow on the Arkansas River Trail will take place from Lake Pueblo Division of
Wildlife border to Fay's Crossing bridge, including satellite trails to City Park, La Crosse
Avenue parking lot, Main Street parking lot and the Pueblo Boulevard parking lot. Snow will
also be removed on the loop around Lake Runyon (21.86 miles round trip, 2 passes).
iv) All snow plowing shall be considered"full plows"unless otherwise agreed by City of Pueblo
Parks&Recreation and Provider before snow removal beings.
v) There are several sections of the trail system that have excessive concrete damage. Provider
will clear as much of a reasonable path through these areas as possible.All bridges on this
route will be plowed with a plow raised approximately 1"to not damage wood timbers or
equipment. The area below Santa Fe Avenue(Green Bridge)will be plowed with a plow
approximately 1"over the concrete due to steel expansion joints that are raised and damaged
to prevent further damage to the steel and equipment.
b)City shall obtain from the snow removal service a certificate of insurance showing the State of
Colorado, Department of Revenue and Cactus Communications as additional insureds and provide
a copy of this certificate to Sponsor within ten days of execution of this Agreement. Such certificate
shall identify coverages,coverage limits and carriers.Any deficiencies, as determined solely by
Sponsor, shall be rectified within ten business days by subcontractor.
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SPONSORSHIP AGREEMENT /
c)During the Term of this Agreement, City shall install and maintain six(6)metal signs, measuring 12"
x 18"along the Arkansas River Trail announcing, 'Snow Removal Courtesy of Colorado Lottery,' at
the sole cost of the Sponsor.The signs will not be removed until a date mutually agreed upon by
both Parties, but in no case will the signs remain in place past December 31,2023 unless otherwise
agreed upon in a signed writing.City shall be responsible for the maintenance and condition of the
signs and shall repair or replace sign posts, bolts,or other supportive aspect of the sign and to
replace any sign which becomes damaged. Sponsor shall provide City with replacement signs as
needed. Specific placement and locations of the signs are as follows:
i) Runyon Lake west parking lot
ii) Main Street Trailhead
iii) Wildhorse Creek Bridge
iv) City Park Brookhart's Crossing Bridge
v) 111h Street and Pueblo Boulevard
vi) West of the Nature and Wildlife Discovery Center
vii) Riverwalk—Allen Hamel Avenue and Santa Fe Avenue
viii) Lake Pueblo State Park Boundary
3) Sponsorship Fee: In consideration of the sponsorship rights granted and benefits bestowed in this
Agreement, Sponsor will pay for snow removal services as defined below. Invoices from the snow
removal service shall be submitted to the City of Pueblo Parks and Recreation. City shall submit the
invoices to Marie Valtakis with Colorado Lottery at marie.valtakisastate.co.us, which shall be
denoted as"Sponsorship of snow removal along the Arkansas River Trail"and shall be payable
within sixty(60)days from invoice date.
Rates agreed upon with Provider are$2,000 per plow for up to 8"of snowfall and$2,450 per plow
for snowfall over 8". This sponsorship will be limited to not more than 10 plows within the timeframe
of the agreement,or up to$20,000 of billed services,whichever occurs first.
4) Recap: City shall provide to Sponsor a recap of Sponsor's investment in this Agreement within thirty
days(30)of the expiration of this Agreement.
5) Termination: Sponsor's participation in this Agreement is funded solely by budget allotments from the
State of Colorado. Sponsor may terminate this Agreement should the State funds be withdrawn due to
any reason outside of Sponsor's control. Payment to City will be made for any benefits already
provided as stated herein with no obligation for benefits not yet provided at the time of the termination
notice.
6) Grant of Trademark Use: Sponsor hereby grants to City the right and non-exclusive, non-
transferable, limited license to use,throughout the Term but not thereafter, its logos, trademarks, and
service marks, together with related artwork(collectively,the"Sponsor Trademarks")for the limited
purpose as specifically defined in this Agreement, all such usage to be pre-approved by Sponsor.
P/2 /2128 15TH STREET/ DENVER COLORADO 80202/P 303 455 7545 /
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SPONSORSHIP AGREEMENT /
Sponsor reserves the right to grant rights and/or licenses of any kind or nature whatsoever relating to
the Sponsor Trademarks to any other third party. All Trademarks under this Agreement shall remain at
all times the property of their respective owner,and nothing in this Agreement shall grant any
ownership rights in the other party's Trademarks.
7) Indemnification:
a)Sponsor hereby agrees to indemnify, save and hold harmless City, its employees and agents
against any and all claims, damages, liability and court awards including costs, expenses,and
attorney fees incurred as a result of any act or omission by Sponsor, its employees, agents,
subcontractors or assignees.
b)To the extent allowed by law,City hereby agrees to hold harmless the State of Colorado,the
Colorado Lottery,and their employees and agents against all claims, damages, liability and court
awards including costs, expenses,and attorney fees incurred as a result of any act or omission by
City, its employees, agents,or assignees.
c)Sponsor and the Colorado Lottery are independent contractors for the purpose of this Agreement
and do not own the land to be plowed nor do they control the activities of Provider,and neither party
shall be liable for injuries on the plowed pathways.
8) Representation and Warranties:
Sponsor Warranties. Sponsor represents,warrants,and covenants to City as follows:
a)It has the full right and legal authority to enter into and fully perform this Agreement in accordance
with its terms.
b)This Agreement,when executed and delivered by Sponsor,will be its legal,valid and binding
obligation enforceable against Sponsor in accordance with its terms, except to the extent that
enforcement thereof may be limited by bankruptcy, insolvency or other similar laws affecting
creditors' rights generally.
c)The execution and delivery of this Agreement has been duly authorized by Sponsor, and such
execution and delivery and the performance by Sponsor of its obligations hereunder do not and will
not violate or cause a breach of any other agreements or obligations to which it is a party or by
which it is bound, and no approval or other action by any governmental authority or agency is
required in connection herewith.
City Warranties. City represents warrants and covenants to Sponsor as follows:
a)It has the full right and legal authority to enter into and fully perform this Agreement in accordance
with its terms.
b)This Agreement, when executed and delivered by City, will be its legal, valid and binding obligation
enforceable against City in accordance with its terms,except to the extent that enforcement thereof
may be limited by bankruptcy,insolvency or other similar laws affecting creditors'rights generally.
c)The execution and delivery of this Agreement has been duly authorized by City, and such execution
and delivery and the performance by City of its obligations hereunder do not and will not violate or
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SPONSORSHIP AGREEMENT /
cause a breach of any other agreements or obligations to which it is a party or by which it is bound,
and no approval or other action by any governmental authority or agency is required in connection
herewith.
9) Independent Contractors:The parties shall act solely as independent contractors,and nothing herein
shall at any time be construed to create the relationship of employer and employee,partnership,
principal and agent,or joint venture as between City and Sponsor. Neither party shall have any right or
authority to, nor shall either party attempt to enter into any contract,commitment or agreement, or to
incur any debt or liability of any nature, in the name,or on behalf,of the otherparty. Nothing in this
Agreement is intended,nor should it be construed, to create any rights,claims, or benefits or assume
any liability for or on behalf of any third party,or to waive any immunities or limitations conferred under
federal or state law, including but not limited to the Colorado Governmental Immunity Act, §24-10-101
et seq., C.R.S.
10) Choice of Law and Venue: This Agreement and any dispute arising under it shall be governed by and
construed in accordance with the laws of the State of Colorado without regard to conflict of law
principles. All disputes pertaining to the Agreement shall be decided by a state or federal court located
in the State of Colorado and Sponsor consents to personal jurisdiction in such courts.
11) No Assignment: This Agreement may not be assigned by either party except with the prior written
consent of the other party.
12) Notices: All payments and notices required to be given hereunder shall be provided in writing either by
personal delivery or overnight courier service, postage prepaid, at the respective addresses of the
Parties as follows or such other addresses as may be designated in writing by the respective Party.
Notice given by overnight courier service shall be deemed given on the first business day following
mailing thereof,and notice given by personal delivery shall be deemed given upon actual receipt of
such delivery by an authorized representative of the entity to which notice is being provided.
Sponsor: Jeff Graham
Cactus Communications
2128 15th St.
Denver,CO 80202
(303)455-7545
City: Steven Meier
City of Pueblo Parks and Recreation
800 Goodnight Ave
Pueblo,CO 81005
(719)553 2683
With a copy to:
City of Pueblo Law Department
1 City Hall Place
Pueblo, Colorado 81003
(719) 562-3899
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lift SPONSORSHIP AGREEMENT /
13) Entire Agreement:This Agreement contains the entire understanding between the parties with
respect to the subject matter herein,and all prior or contemporaneous promises,representations,
agreements or understandings are expressly merged herein and superseded hereby.This Agreement
shall not be modified,altered,amended or revoked except as set forth herein and in writing,duly
executed by both parties.
AGREED AND ACCEPTED:
SPONSOR: CITY:
Cactus Communications, Inc.on behalf of City of Pueblo Parks and Recreation
its client,Colorado Lottery
Docu3lpned by:
7 �
Y�f CBy: -
2E0A804E33A84A4
Printed Name: Jeff Graham Printed Name: Steven Meier
Title: President Title: Director,Pueblo Parks and Recreation
Date11/7/2022 Date: li ' 1 - 21
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