Subject:
Title
Consider approving a Donation Agreement between Build Our Park and the City of Harrisonburg
Body
Presented By: Chris Brown, city attorney
Recommendation and Review
For some years Build Our Park (BOP), a local 501(c)(3) organization, has actively engaged City Council and staff on BOP's goal of the construction and operation of a downtown park adjacent to City Hall. BOP recently presented its plans for the park to Council and submitted a proposed agreement to achieve that goal. Staff reviewed the agreement and modified it substantially. The final proposed agreement is attached and has been approved by City staff and BOP.
The attached agreement was drafted in accordance with the City's Donation Policy adopted by Council on July 26, 2022. The Donation Agreement now provides that BOP will raise all of the money necessary for the new park. When BOP has raised the necessary funds, they will be paid to the City and the City will build the park. Staff believes that such a substantial project adjacent to City Hall should be constructed under the control of the City and in accordance with the Virginia Public Procurement Act.
The Donation Agreement provides that a park in the location and generally as depicted on Exhibit A to the Donation Agreement will be constructed by the City and operated by the Department of Parks and Recreation. BOP will provide a detailed projected budget for the construction of the park, which will be reviewed by City staff for completeness and accuracy. BOP will then continue to work towards raising the necessary funds. When the funds are secured, they will be paid to the City. The City will issue an RFP for plans for the park, which will be shared with BOP. The City will then issue an invitation to bid for the park's construction. If the lowest responsive bid is greater than the funds provided by BOP, BOP will raise the additional funds.
Upon completion of the park Council will appoint a representative of BOP...
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