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HomeMy WebLinkAbout6122RESOLUTION NO. 6122 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF COLORADO RELATING TO THE LEASE OF LAND TO BE USED FOR PARK PURPOSES. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Contract dated September 30, 1987 between the State of Colorado and the City of Pueblo relating to the lease of land to be used for park purposes, a copy of which is attached hereto and incorporated herein, having been approved by the City Attorney is hereby approved. The President of the City Council is authorized to execute the Contract for and on behalf of the City and the City Clerk is directed to attest same. INTRODUCED Decembe 28 , 1987 By DOUGLAS L. RING Councilman V APPROV . - . the ;. DEPARTMENT OR AGENCY DUMBER 29 03 02 CONTRACT ROUTING NUMBER CSH -11 CONTRACT THIS CONTRACT, made this 30th day of September, 1987, by and between the State of Colorado, Department of Institutions, Division of Mental Health for the use and benefit of Colorado State Hospital, hereinafter referred to as the State, and City of Pueblo, a Municipal Corporation, 1 City Hall.Place, Pueblo, Colorado 81003, hereinafter referred to as the Contractor, WHEREAS, pursuant to the provisions of Senate Bill No. 53 approved March 21, 1978, the State is authorized to convey a leasehold interest by lease to the Contractor, and WHEREAS, the Contractor desires Land to establish a park, and WHEREAS, the State, has such Land and is willing to lease this Land to be established as a park; NOW THEREFORE, it is hereby agreed that for and in consideration of the premises hereinafter stated, the parties agree as follows: 1. The State is hereby authorized to convey a leasehold interest by lease, for twenty -five (25) years, to the City of Pueblo for the purpose of establishing a park, subject to all existing leases, easements, and rights -of -way, if any, and subject to retention by the State of all oil, gas, and other minerals and mineral rights and all surface water and water rights appurtenant to the Land herein described, in the following described parcel of real property no longer needed for state purposes: The N 1/2 of the SE 1/4 of section 23, T20S, R65W in Pueblo County. 2. This agreement shall be executed by the Governor of the State of Colorado and the Executive Director of the Department of Institutions, attested by the Secretary of State, under the great seal of the State of Colorado. 3. This agreement shall commence on January 1, 1988, and shall be in effect for a twenty -five year period, ending December 31, 2012. 4. Payment pursuant to this agreement shall be made as billed in the amount of $1.00 per year for the lease of the above described Land. The maximum amount shall not exceed $1.00 for the term of this agreement. 5. At its own expense, the Contractor shall either provide evidence of a satisfactory self- insurance program or casualty insurance to be carried and maintained with respect to the Land and shall carry public liability and property damage insurance sufficient to protect the State from liability in all events. The Contractor shall provide the State annually with evidence of satisfying the insurance requirements. Such coverage shall be for the duration of the Agreement Term. 6. The State warrants and represents to be the owner, or the authorized representative or agent of the owner of, the leased Land and in the form and manner as stated herein. Page 1 of 4 Pages 7. The State hereby covenants to provide the Contractor during the Agreement Term with quiet use and enjoyment of the Land and the Contractor shall during the Agreement Term peaceably and quietly have and hold and enjoy the Land, without suit, trouble or hinderance from State, except as expressly set forth in this Agreement. 8. The Contractor shall not directly or indirectly crease, incur, assume or suffer to exist any mortgage, pledge, lien, charge encumbrance or claim on or with respect to the Land. 9. The Contractor shall be deemed to be in default hereunder upon the happening of any of the following events of default: (a) Contractor shall fail to establish this Land as a park. (b) Contractor shall fail to provide evidence of insurance coverage. 10. Upon the occurrence of an event of default as specified in Section 9 of this Agreement, and Contractor shall fail to remedy such event of default with all responsible dispatch within a period of thirty (30) days, then the State shall have the right, at its option without any further demand or notice to pursue the following remedy: Re -enter and take possession of the Land enforcing the Agreement or terminating the Agreement, and repossess the Land; 11. The Contractor shall not assign this agreement and shall not sublet the Land. 12. This agreement shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, successors and assigns of the respective parties hereto. 13. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. Page 2 of 4 Pages Form 6 -AC -02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay- ment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. if this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this con- tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one- half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro- visions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38 -26 -106 CRS, as amended. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, 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 the contractor, or its employees, agents, subcon- tractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24 -34 -402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub - contracts During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay -offs or terminations; rates of pay or other forms of compensation; and selec- tion for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, at�d of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the con- tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or dis- criminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder, or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. 395 -53 -01 -1022 page 3 of 4 pages Revised 11 -85 Form 6- AC -02C (7) In the event of the contractor's non - compliance with the non - discrimination clauses of this con- tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or sus- pended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph (1) through (8) in every sub - contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub - contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event the con- tractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of 8 -17 -101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this sub- section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8 -19 -101 and 102, CRS). GENERAL 7. 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 contract. Any provision of this contract whether or not incor- porated herein by reference which provides for arbitration by any extra judicial body or person or which is other- wise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or other- wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18 -8 -301, et. seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. seq., (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such pro- visions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what- soever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor : (Full Legal Name) Pueblo City Government STATE OF COLORADO ROY ROMER, GOVERNOR By — 'S EXECUTIVE DIRECTOR for Position (Title) Social Security Number or Federal I.D. Number (If Corporation:) Attest (Seal) By( Corporate Secretary, or Equivalent, Town/City /County Clerk ATTORNEY GENERAL By DEPARTMENT OF INSTITUTIONS APPROVALS CONTROLLER By Page 4 which is the last of 4 pages 395- 51- 01- 1030 (Revised 3 /86) "See instructions on reverse side. DC- 143494-86