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HomeMy WebLinkAbout7784RESOLUTION NO. 7784 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND RELATING TO THE DEVELOPMENT OF ENVIRONMENTAL EDUCATION FACILITIES AT THE GREENWAY AND NATURE CENTER OF PUEBLO, COLORADO, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 A contract dated April 21, 1995, between the City of Pueblo, a Municipal Corporation, and the State Board of the Great Outdoors Colorado Trust Fund, a copy of which is on file in the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute and deliver said Contract 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 This resolution shall become effective upon final passage. INTRODUCED: DECEMBER 27, 1995 BY: S rmi 1 Corsentino COUNCILPERSON APPRO D: PRESIDENT F CITY COUNCIL ATTEST : ITY CLERK GRANT AGREEMENT PROJECT: Name: Development of environmental education facilities at the Greenway and Nature Center of Pueblo Description: Renovation and enlargement of environmental education facility. Project Completion Date: December 31, 1996 Great Outdoors Colorado Contract No.: 5174 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund Grantee: City of Pueblo Planning and Development Address: P.O. Box 1427 Pueblo, CO 81003 Telephone: (719) 543 -6006 Contact name: William J. Zwick Contact title: Senior Urban Design Planner Taxpayer ID no.: Date: April 21, 1995 CONTEXT OF AGREEMENT: A. The Board is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November, 1992 General Election. The Constitution appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational resources. B. In 1994, the Board created a statewide grant program, pursuant to which eligible entities could apply for grants for Local Government Parks and Outdoor Recreation to which Grantee responded with a detailed application (the "Project Application "). C:\ OFFICE\ WPWIN \WPDOCS \LOCALGOV\KMERGE.WPD 4/12/95 1 C. Grantee submitted a Project Application to the Board which contemplates the execution of the project entitled and described above (the "Project "), a copy of which is incorporated by reference and attached as Appendix A. D. The Board approved Grantee's Project Application on March 21, 1995, subject to the execution of a detailed Grant Agreement, subject to the conditions set forth herein. E. Grantee anticipates that the Project described in the Project Application will be substantially completed on December 31, 1996. F. Grantee has undertaken responsibility for obtaining the match (funds and in -kind contributions) described in the project application. G. The parties intend this document to be the detailed Grant Agreement required by the Board. The Grantee shall carry out the project in accordance with this agreement and a work program to be approved by the Executive Director of the Board pursuant to this agreement. AGREEMENT The parties agree as follows: 1. Grant and Project The Board hereby grants to Grantee the sum not to exceed $45,000 subject to the terms of this Agreement. These funds shall be used by Grantee solely to complete the project described in Grantee's Project Application as approved by the Board. Grantee hereby agrees to use its best efforts to complete the project. 2. Pro scope The Project, Development of environmental education facilities at the Greenway and Nature Center of Pueblo, as described in the Project Application, will not be materially modified by the Grantee without the written approval of the Executive Director of the Board. In multi -phase projects this Agreement only pertains to the identified phase of the project, and not the project as a whole. 3. Information to be provided upon execution of this Agreement NO FUNDS WILL BE DISBURSED BY THE BOARD UNLESS AND UNTIL THE GRANTEE FURNISHES THE BOARD WITH THE INFORMATION REQUIRED BY THIS AGREEMENT. Promptly upon execution of this Agreement, Grantee will submit the following information to the Board's staff: C:\OFFICE\WPWMWPDOCS\LOCALGOV\KNI 4/12/4 - J a. A resolution adopted by the governing body of the Grantee authorizing the execution of this agreement and approving its terms and conditions; b. A detailed Work Plan and Budget for this Project. Grantee hereby agrees to promptly submit all material revisions to their Workplan and Budget. As provided further below, the Board reserves the right at any stage of the Project to withhold funding if (1) modifications to the Project are so substantial as to make it, in the Board's reasonable judgment, substantially different in quality or kind from that approved by the Board, or (ii) there have been delays in the implementation of the Project which, in the Board's reasonable judgment, make the Project impracticable; C. Written evidence that all permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained; d. The Project funding schedule (which will be attached to this Agreement as Appendix B), will (i) briefly identify each major stage or milestone of the Project, (ii) set out the source, amount and anticipated date of each transfer of funds for the Project, and (iii) show the Board payment with respect to the Project; and e. Plans for the erection of signs and placards for the Project, as provided in Section 9(d) below. _ Replaced with Addendum A f. II payment of the contract amount w' I be made upon substantial completion of the Project. listing of Project iture documentation required prior t final payment is attached as Ap e information required by this paragraph 3 and an executed contract, a it pert progress reports and the submission and approval of written report are also re 'red. g. Funding may only be used for fixed assets, including land acquisition, construction of new facilities, and enlargement or renovation of existing facilities. Funding may not be used to pay for maintenance costs, admnistrative costs (such as office supplies, telephone, or travel expenses), non -fixed assets (such as athletic equipment), or any other costs deemed to be ineligible by the Board. h. Specific limitations on funding for this project are detailed in Appendix D. 4. Other conditions precedent to disbursement upon completion of Project Prior to the payment by the Board at the completion of the Project, the Grantee must provide written assurance to the Board that: C:\ OFFICE\ WPWIN \WPDOCS \LOCALGOV\KMERGE.WPD 4/12/9 - a. The Project has been substantially completed according to the work plan and budget, along with Project Expenditure documentation and reports as noted above to support this claim; b. No material modifications or delays have been made or experienced (or the Board has been advised of the modifications or delays and has elected to continue to participate in the funding of the Project); C. Matching funding has been received (or the status of efforts to secure matching funding has been disclosed to Board staff and it has been found to be satisfactory); and d. The representations made to the Board in the grant application continue to be true (or, if there have been any material changes, the Board has been advised of such changes and has assented to them). e. Disbursement shall be made on the basis of costs incurred, upon the Grantee's satisfactory completion of the Project and in compliance with all aforementioned conditions in Sections (3) and (4). 5. Project operation and maintenance Grantee agrees: a. Grantee or its successor will operate and maintain the Project facilities in a reasonable state of repair for the purposes specified in the Project Application for at least 25 years, in accordance with generally accepted standards in the parks /recreation /wildlife community. The parties understand and agree that the Board shall not be liable for any cost of such maintenance, management or operation. b. Grantee will, upon request, provide the Board with the operating and maintenance costs of the Project, and give the Board appropriate information concerning the use of the Project by the public and the impact of the Project. 6. Compliance with regulatory requirements and federal and state mandates The Grantee hereby assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination, worker safety, local labor preferences, preferred vendor programs, equal employment opportunity, use of competitive bidding, and other similar requirements. The Grantee will indemnify the Board from any liability for any failure to comply with any such applicable requirements. 7. Public access Grantee agrees, for itself and its successors in interest, to allow reasonable access to the members of the public to the Project. C:\ OFFI CE\ WPWIN \WPDOCS \LOCALGOV\KMERGE.WPD 4/12/4., - `J 8. Nondiscrimination During the performance of this agreement, the Grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 9. Publicity and Project Information Grantee agrees: a. Grantee shall acknowledge Board funding in all publicity issued by it concerning the Project. b. Grantee shall cooperate with the Board in preparing public information pieces. C. Grantee shall give the Board the right and opportunity to use information gained from the Project. d.. Grantee shall erect signs visible from the nearest public roadway directing the public to the Project. In addition, Grantee shall erect placards acknowledging assistance by the Board and the Colorado Lottery, if applicable, unless Grantee incorporates this acknowledgment into other signage in a manner approved by the Board's Executive Director. The Board will provide reproducible samples of its logo and other identifying indicia to Grantee for this purpose. Plans describing the number, design, placement and wording of the signs and placards shall be submitted to the Board for review and written approval prior to completion of the Project. Final payment may be withheld by the Board pending placement of the signs and placards in the manner approved by the Board. e. Grantee shall give the Board 30 -day notice of and opportunity to participate in Project dedications. f. Grantee shall give timely notice of the Project, its inauguration and significance to the local members of the Colorado General Assembly, members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials. 10. Information supplied and made available to the Board Grantee shal maintain records of Project receipts and expenditures consistent with generally accepted accounting practices. The Board shall have the right, upon reasonable notice to the C:\ OFFICE\ WPWIN \WPDOCS \LOCALGOV\KMERGE.WPD 4/12/9¢ - 4 Grantee, to audit the books and records of Grantee which pertain to the Project and to the use and disposition of Board funds. 11. Withdrawal of Board funding The Board may withdraw its approval of funding to the Grantee and cease funding of the Project if, in its sole discretion, it determines conditions have occurred which fundamentally change the expectations of the parties or which make the grant infeasible or impractical. 12. Grantee's inability to complete Pro If the Grantee determines with reasonable probability that the Project will not or cannot be completed as reflected in the Project Application the Grantee will promptly so advise the Board, and cooperate in good faith with respect to alternative solutions to the problem before any further funds are advanced. 13. Inspection Throughout the term of this Agreement, the Board shall have the right to inspect the Project area to ascertain compliance with this Agreement. 14. General provisions The parties agree as follows: a. Grantee may not assign its rights under this Agreement without the consent of the Board. b. There is an obligation of good faith on the part of both parties, including the obligation to make timely communication of information which may reasonably be believed to be of interest to the other party. C. Colorado law applies to the interpretation and enforcement of this Agreement. d. Grantee is an independent contractor acting in its separate capacity and not as an officer, employee or agent of the Board. e. Grantee will indemnify and hold the Board harmless from and against any liability arising from the Project. C:\ OFFICE\ WPWIN \WPDOCS \LOCALGOV\KMERGE.WPD 4/12/1 > - "t f. Except as expressly provided herein, this Agr eement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless trade as an amendment to this contract, approved by the Board, and signed by the parties in this Agreement. 15. Subject to- Annual appropriation Any provision of this agreement or its attachments which impose upon Grantee, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent to the year of execution of this agreement is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. Dated: December 27, 1995 S'T'ATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND By ►�— �' 4/� xecutive Director GRANTEE: s • By Title: — President of City Counci Q+LTPf7CEIWPWL�JIL UYTE�ICI\f �II SxGe.wPO 514195 —7— 4 ADDENDUM A Modification to Page 3 Paragraph 3(f) f. Up to 33.333% of the award amount will be made upon submission of the information required by this paragraph 3, including a signed copy of this grant agreement. In addition, 44.444% will be distributed, upon the submission of periodic progress reports and evidence that the match has been secured. The periodic progress reports and the submission and approval of a final written report are required, along with project expenditure documentation, detailed in the attached listing, prior to final payment. The final 22.222% of the grant award will be withheld against these requirements. C:\ OFFICE \WPWIN\CONTRACT \95- 1 \30 %ADDEN. WPD GREAT OUTDOORS C O LOP, A DO November 13, 1995 Mr. William Zwick Senior Urban Design Planner City of Pueblo 211 E. "D" Street PO Box 1427 Pueblo, CO 81002 RL: Modifications to Grant Agreement 95174 Dear Bill, I am writing in response to your letter of October 25, 1995 regarding changes to the grant agreement for the Pueblo Nature Center. A) GOCO does not view the authorization of fields disbursed under the grant agreement to the University of Southern Colorado for renovating and enlarging the Greenway Nature Center as an assigiunent of the responsibilities of any part of the contract as described in paragraph 14 (a). B) GOCO approves the changes to the original budget and will incorporate the revised budget as part of the grant agreement. C) GOCO has no objections to the addition of a paragraph 15, as you described, addressing the restrictions imposed by the TABOR amendment. Thant: you for submitting the modifications for this grant agreement. I hope you find the responses listed above acceptable. If you have any questions please do not hesitate to call. Thank you. Sincerely, Ed Brown C. \OFFICE \W "P \VIN\CONTRACT\95.1 \SIG\ EDF' \5174.1 \'PD SLATE rOARD THF. GMAI 00TI)001',� COLORADO I RI'�F l_lT 80201 ? ff GOCO Local Government Parks and Outdoor Recreation Grants Application by Greenway and Nature Center of Pueblo J 3a Application For Local Government Park and Recreation Grant Please provide the following information Project Name: Natural history exhibit development and nature trail interpretive signage emplacement as adjunct to construction of 1,000 square foot multi - purpose exhibit /meeting room at the Greenway and Nature Center of Pueblo Project Type: A fixed asset project involving renovation and enlargement of an environmental education facility Location of Property is owned by the City of Puebla and is located in Project: Pueblo County, U.S. Congressional District 3, Colorado Senate District 3 and Colorado House District 45. Suousor Information: Contact Person Timothy B. Sandsmark, Director and Title:_ Greenway and Nature Center of Pueblo Mailing Address: 5200 Nature Center Road, Pueblo, CO 81003 Telephone: 719 -545 -9114 FAX: 719 -545 -3484 Secondary William J. Zwick, Senior Urban Design Planner Contact Person: City of Pueblo Planning and Development Mailing Address: 211 East D Street, P.O. Box 1427, Pueblo, CO 81003 Telephone: 719 -543 -6006 FAX: 719 -542 -6244 Name and Address of Public or Private Entity Responsible for Project: Jack. A. Seilheimer, Ph.D., Executive. Director Greenway and Nature Center of Pueblo University of Southern Colorado 2200 Bonforte Boulevard, Pueblo, CO 81001 Telephone: 719 -542 -2340 FAX: 719 -42 -2732 Application Must be Received b y February 10, 1995. 10 EXHIBIT A •J GOCO Local Government Parks and Outdoor Recreation Grants Application by Greenway and Nature Center of Pueblo Total Amount of Project: Cash Match Amount: In -Kind Match Amount: GoCo Funding Requested Project Start Date: Project End Date: Project Summary: $100,000 $46,100 $ 4,000 $49,900 June 1, 1995 December 31, 1996 The Greenway and Nature Center of Pueblo (GNC) has obtained partial funding to construct a 1,000 square foot addition to an existing facility. This addition will be used to house an exhibit area and meeting room for up to 75 persons. It will greatly enhance the ability of the Nature Center to offer quality environmental education programming to school children (10,000 were exposed to GNC programs in 1994) and to the general public. (over 300,000 visited the facility in 1994). The scope of program offerings has been limited due to lack of large audience meeting space, and indoor exhibit development has been minimal since exhibit housing facilities have not been available. As adjunct to this project, the Nature Center has a 0.25 mile interpretive trail in place; however, self - guiding signage would greatly enhance the value of the trail, and would supplement the indoor exhibit area. The Greenway and Nature Center is in need of funding to develop the exhibits and meeting area in this addition. The meeting area requires an adequately sized permanent projection screen for use with slides and movie presentations. For the exhibit area, we plan to install a series of interpretive exhibits oriented to the central theme of "The River and Its Uses ", which will stress the impacts of the river on cultural and natural history development of the Arkansas River corridor. Sub - themes are o prehistoric and historic use of the area by humans and their impact on the river o environmental issues related to these various uses (mining, agriculture, recreation, urban and rural needs for water) o ecosystem habitat themes (aquatic, riparian, transition, and semi -arid grassland prairie) with associated plant and animal natural history information o the importance of the geological past in the formation of the area through interpretation of the fossil record and information on the dinosaur discoveries surrounding this area. Additionally, we would like to include seasonal exhibits which present bird and animal sighting information and fishing infor►natlon. in M •j . GOCO Local Government Parks and Outdoor Recreation Grants 'Application by Greenway and Nature Center of Pueblo Characteristics (maximum of 65 points) a. Quality of Project: (15 points) The Greenway and Nature Center of Pueblo (GNC) has obtained partial funding to construct a 1,000 square foot addition to an existing facility. This addition will be used to house an exhibit area and meeting room for up to 75 persons. It will greatly enhance the ability of the Nature Center to offer quality environmental education programming to school children (10,000 were exposed to GNC programs in 1994) and to the general public (over 300,000 visited the facility in 1994). The scope of program offerings has been limited due to lack of large audience meeting space, and indoor exhibit development has been minimal since exhibit housing facilities have not been available. As adjunct to this project, the Nature Center has a 0.25 mile interpretive trail in place; however, self - guiding signage would greatly enhance the value of the trail, and would supplement the indoor exhibit area. The Greenway and Nature Center is in need of funding to develop the exhibits and meeting area in this addition. The meeting area requires an adequately sized permanent projection screen for use with slides and movie presentations. For the exhibit area, we plan to install a series of interpretive exhibits oriented to the central theme of "The River and Its Uses ", which will stress the impacts of the river on cultural and natural history development of the Arkansas River corridor. Sub - themes are o prehistoric and llistoric, use of the area by humans and their impact on the river o environmental issues related to these various uses (mining, agriculture, recreation, urban and rural needs for water) o ecosystem habitat themes (aquatic, riparian, transition, and semi- arid grassland prairie) with associated plant and animal natural history information o the importance of the geological past in the formation of the area through interpretation of the fossil record and information on the dinosaur discoveries surrounding this area. Additionally, we would like to include small live animals (amphibians and reptiles) and seasonal exhibits which present bird and animal sighting information and fishing information. Exhibit information will be in the form of mural, video and diorama presentations. We will install four interactive kiosks which will allow access to information related to the themes mentioned above, and also will provide event update information for users. There will be an area dedicated to display of small native live animals and fishes (turtles, snakes, salamandars, tarantulas, etc.) which are not readily observable in their natural settings. As an improvement to the existing interpretive trail, the Nature Center proposes to emplace 20 permanent durable signs which will provide information on natural history aspects of the trail for users. 4 GOCO Local Government Parks and Outdoor Recreation Grants Application by Greenway and Nature Center of Pueblo Maintenance of the facility and exhibits is provided by the Greenway and Nature Center through current staff. There is one full -time maintenance person, and the Center has a large resource base of volunteers who donate time and augment the capacity of the staff to provide maintenance services. h. Need /Degree to which the need is satisfied: (15 points) ' IThis project will greatly augment the Greenway and Nature Center's ability to provide environmental education to the Pueblo community on -site. The population here is approximately 40% minority, with an average income level of $19,935. 20% of the population of the county has income below poverty level (1990 census data). The Greenway and Nature Center, due to its proximity to the river, and in its role as access point to the river trails system and fishing, is used by a significant percentage of the community. It, thus, has a unique opportunity to provide environmental education to the general population in a region where the availability of such has been limited. Since its inception in 1979, the GNC educational programs, of necessity, has focused on outdoor, traveling or very limited indoor presentations due to the lack of adequate meeting space indoors. This project will greatly enhance the scope of the mission of the Nature Center by providing facilities for larger meetings. The exhibits will greatly aid in interpretation of the area to visitors (over 300,000 total in 1994). There is much potential for interpretation on -site, due to the proximity to the river and semi -arid grassland prairie in close juxtaposition. C. Multiple objectives: (10 points) The multipurpose room, exhibit area and interpretive trail will be open for use by the general public year round. Workshops and presentations can be held which have not been possible before due to weather constraints, and it will expand space availability. School children will profit from viewing exhibits before touring the outdoor natural areas, particularly where some animals may not be easily seen 111 the outdoors due to nocturnal activity, or scarcity. The nature trail will be self- guiding, allowing visitors to tour the trail and learn from that experience without having an interpreter present. The multipurpose room will be usable by other community groups for meeting space, when not needed for GNC activities. d. Relationship to plan: (10 points) In 1992, Pueblo City Council initiated a citizen effort to develop the Conlnnunities of Pueblo Strategic Plan This effort is dynamic, but the initial effort has resulted in a document (November, 1994) with focus of guiding the development of the conlnuunity until 2010. As Goal 6 of the Environmental Action Plan, education is stressed, to "provide individuals with useful and positively - stated information which they can use to make informed decisions ", and to "Promote and establish environmental education programs for people of all ages ". The Greenway and Nature Center of Pueblo is cited as a cooperating agency in that effort. The GNC is located on the Arkansas Riverway, and is steward for existing natural resources within its jurisdiction in the river corridor. Goal 4 of the Environmental Action Plan requires that there be an inventory of the existing natural ,_f GOCO Local Government Parks and Outdoor Recreation Grants 'Application by Greenway and Nature Center of Pueblo resources of the area, and that steps be taker to protect specific areas With value. The riparian area falls into this category, and the educational exhibits will further this Goal. e. Accessibility: (Points 15) The multipurpose room, exhibit area and nature trail will be on the Arkansas River Trails System, which consists of 36 miles of paved hike and bikeways which extend from Pueblo Reservoir to the west and Pueblo City Center to the east, and along Fountain Creek to the north. The Nature Center is located approximately 3 miles west of City Center. To the west are located Lake Pueblo State Park and a number of other state recreation and picnic areas. Additionally, the Center is connected to main thoroughfares. Tile general area is the most popular recreational (exercise, walking, rollerblading, biking and fishing) access point to the river trails system, and over 300,000 visitors were in attendance at the GNC during 1994. The area is used for educational purposes by 10,000 school children annually. There is it restaurant, the Cafe del Rio, and a gift shop on the premises which draw visitors to this area as well. During Special Events, the Nature Center has accommodated up to 2,400 persons per day. The facilities and grounds are 100% ADA accessible. 2. Leveraging & Partnerships: (maximum of 35 points) a. Matching Funds: (Points 20) The Greenway and Nature Center has obtained matching funds in excess of those required by GOCO guidelines. Pueblo County has pledged $36,500, private donations of $5,000 have been received, the El Pomar Foundation has awarded $2,600 to the project, and a local Rotary Club has donated $2,000, with total amount of monies equal to $46,100. In -Kind Match from professional services provided by the University of Southern Colorado, staff release time and volunteer hours equates to $4,000. Total matching funds are thus $50,100, or over 50% of the total project amount of $100,000. b. Support: (Points 10) The Greenway and Nature Center is managed by the University of Southern Colorado under the jurisdiction of the State Board of Agriculture, who leases the property as caretaker from the City of Pueblo. The GNC is supported by allocations from the City of Pueblo, Pueblo County, the University of Southern Colorado, the GNC membership, sponsored events and other community sources. An Advisory Board provides input to the GNC activities from the community perspective, and there are Colorado Division of Wildlife and Division of Parks and Recreation representatives on that board as well. The GNC naturalists present classes to elementary school children in the Pueblo area school districts, and travel throughout the region and state. Letters in support of this project have, been furnished by the local school districts, Pueblo County, CDOW, CPOR, and other Pueblo based community groups, and are attached. C. Cooperation: (Points 5) The GNC will be working in cooperation with other area agencies (Pueblo Zoo, Pueblo County Historical Society, El Pueblo Museum, Colorado Division of Parks and Outdoor Recreation, University of Southern Colorado, Colorado Division of Wildlife) in r GOCO Local Government Parks and Outdoor Recreation Grants 'Application by Greenway and Nature Center of Pueblo developing the multipurpose room and exhibits in a way which will compliment those existing at the facilities of those entities. 3. Extra Credit: (`Total of 5 points for all three extra credit categories) a. Youth Recreational Opportunities: The Greenway and Nature Center has traditionally focused 80% of its educational efforts on youth programs. During the summer, the GNC sponsors 13 weeks of half -day, full -day and overnight recreational and nature education outings for children from 4 to 10 years old. The multipurpose room will allow the further development of recreational programs which interface with our mission for youth on a year -round basis. An example of this will be to provide on -site care and environmental education /recreation programs for young children for two hours per day in the multipurpose room while their parents use the river trails for exercise. Plans for after - school programs are also being developed. b. Envii onmental Education: The multipurpose room, exhibit area and interpretive trail signage will greatly enhance the ability of the GNC to present environmental education programs to visitors and school children, as there currently is no large meeting area or developed exhibit area at the facility. The exhibits will be relevant to the local natural history and cultural setting. We anticipate being able to hold evening programs on environmental themes during the week for the public as well. C. Visibility: With over 300,000 visits annually, the GNC is one of Pueblo's most popular education, leisure and regreation attractions. Many visitors are from outside of Colorado. The area provides the most popular access point to the Arkansas River Trails system, a total of 36 miles. As the GNC is centrally situated in the river corridor, it is a natural stopping place for trail users. There would be much interest in the exhibit area as a side stop of the trip through this vicinity. Signage will be installed as part of the building and exhibit development effort to specify the funding sources which sponsored the new facility. ' GOCO Local Government Parks and Outdoor Recreation Grants 'Application by Greenway and Nature Center of Pueblo Great Outdoors Colorado Budget Total Sources of Funds $49,900 $50,100 $100,000 Uses of Funds Date LOCO Applicant /Partners In -Kind Sources of Funds Date LOCO Cash /In -Kind Total Goa) March 1995 $49,900 4,400 $49,900 Applicant's Funds: January 1995 4,400 I. In -Kind to Pueblo County $36,500 Private Donations $ 5,000 El Pomar Found. $ $ 2,600 $ Rotary Club 2. Design Fees $ 2,000 $46,100 In -Kind Professional Services: $ 9,200 University Throughout the $ 1,500 $ Staff Period of this $ 1,500 Travel Volunteers Project $ 1,000 $ 4,000 Total Sources of Funds $49,900 $50,100 $100,000 Uses of Funds Date LOCO Applicant In -Kind 'Total Personnel March 1995 $ 4,400 $ 4,400 I. In -Kind to Consultants December 1996 $ 3,000 $ 3,000 2. Design Fees $ 4,600 $ 4,600 $ 9,200 S u p p l i e s $ 1,000 $ 1,000 $ 2,000 Travel $ 500 $ 500 $ 1,000 Telephone /FAX $ 500 $ � 500 $ 1,000 Publications /Copies $ 1,000 $ 1,000 $ 2,000 Contingency $ 500 $ 2,100 $ 2,600 Materials and ConStJ'uction $37,400 $37,400 $74,800 Total Uses of Funds " $49,900 $50,100 $100,000 ..J GOCO Local Government Parks and Outdoor Recreation Grants Application by Greenway and Nature Center of Pueblo Documentation of Property Ownership by City of Pueblo in RESOLUTION NO. 7065 A RESOLUTION APPROVING A MODIFIED MANAGEMENT AGREEMENT. BETWEEN PUEBLO, A MUNICIPAL CORPORA- TION AND THE GREENWAY AND NATURE; CENTER OF „ PUEBLO,, INC. RELATING TO THE MANAGEMENT OF ThE NATURE CENTER AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL.OF PUEBLO, that: cPrTTnN 1 _ The Modified Management Agreement dated January 25, 1993 between Pueblo, a Municipal Corporation and the Greenway And Nature Center of Pueblo, Inc. relating to the management of the Nature Center, a copy of which is attached hereto, having been approved as to form by the C.ity Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Modified Management Agreement in the name of the .. City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: January 25, 1993 BY MICHAEL OCCHIATO Councilperson ATTEST: APPROVED: CT Clerk Presi ent of the City Council MODIYXED MANAGE ENT AGREEMENT This Modified Mranngeiuent Agreement made and entered into this 25th day of January, 1993, by and between thc- City of Pucblo Stntn or Colorado, a Municipal corporation ( "the City ") and the Greenway and Nature Center of Pueblo, Inc., a Colorado nonprofit Corporation, Pueblo, Colorado ( "the Center "), WITNESSETH THAT, W11FRFAS, the City holds a lease from the State of Colorado for certain real property described in Exhibit A and owns the real property described in Exhibit B, and WHEREAS, tho had developed the property described in Exhibits A and B as n nature center, enhancing educational and recreational opportwiities for members of the community, and WJrEREAS, the Center is a Corporation having knowledge and expertise in the operation of a nature center, and WHEREAS, the Center is desirous of entering a relations - iip with the University of Southern Colorado, Which would enhance the educational value of the center both to the community and to the University's students, and WHEREAS, it is desirable and necessary to consolidate the previous Management Agreement and modifications, and to further modify the Management Agreement to ,facilitate the University of Southern Colorado's involvement, NOW THEREFORE, for and in consideration of the zutual covenants hereinafter provided, the City and the Center hereby enter into this Modified Management Agreement for the development, operation and maintenance of a nature center on the real property located in Pueblo County, Colorado, particularly described on Exhibits A, B, and C (parcels A -3, A - 9, A -5 and A -6 only) and to the extent such parcels are included in the land leased from the State of Colorado under the June 24, 1974 lease which are attached hereto and incorporated herein, said real property herein called "leased premises." T. �NAGE AGR SUBJECT TC�TERMS O1'' SO,PEF�IOR Y.L'ASE This Management Agreement and all the terms, covenants, and concUtions herein and use of the leased premises described in Exhibits A and C (parcels A -3, A -4, A -5 and A -6 only) are in all respects subject and subordinate to the Lease between the City, as Lessee, and the state of Colorado, Department of Corrections, Lessor, dated June 24, 1974. Center acknowledges that it has received a copy of said Lease, has read same, and understands its contents. B ' a I_S:01 NIN E6- 9d - Nvf servlce2; to the leased premises required or requented by the Center, any and all utility chargor ( includinq electricity, water, te3ophone and gas) It may incur during the tnrmm of this Management Agreement, and all taxes and assessmenty which may be lawfully levied against the leased premises, Improvements, fixtures and equipment thereon. V. CONTRO AND JAINTENANCE cti 5.1. Poppe won The City covenants that insofar as it is able it will put the Center into control and possession of the leased premises and the center shall have the quiet enjoyment of the preen -ices so long as Center complies with and performs the covenants herein. The Center warrants it is a Colorado nonprofit corporation And has been duly authorized to , execute this Agreement and is empowered to perform same. The Center shall immediately perform all acts and execute all documents required to file for and obtain federal and state tax exempt organization status and shall maintain such tax exempt status throughout the terms of this Agreement. Se ction 5.2. Waste and obeying Lacs Center shall, at its sole expanse, maintain and keep the leased premises and all improvements thereon in good condition, appearance and state of repair. Center shall not conduct any waste on the leased premises and shall comply with all valid laws, ordinances and regulations affecting its une of the leased premises and activities conducted thereon. To the extent authorized by law, the Center agrees to indemnify and save harmless, the City, its officers, agents and employees from all claims for and penalties incurred by any act or omission of the Center in violation thereof. ect�on 5. insurance The Center agrees to provide, at its sole expense, public liability insurance for the leased premises and all activities conducted thereon. The terms, provisions and amounts of liability insurance, shall be approved by the City's Director of Finance and name the City as an insured, as its interest may appear. The Center shall furnish .copies of all policies for such insurance to the city. s ectxon� Z4. Idabi] it-_y for In i or Damage The Center shall be in control and possession of the premises as provided herein, and the City shall not, in'any event whatsoever, be liable for any injury or damage to any property or to any person happening on the premises, nor for any injury or damage to the leased premises nor to any property of the Center while on the leased premises nor for any injury or damage resulting from the use of the leased premises by the Center. As to the City, the Center agreer. to assume the risk of all, injuries, including death resulting therefrom, to persons, and damage to and destruction of property, includinq loss of use thereof, resulting directly or indirectly, wholly or in part, from the wrongful or negligent prosection or 3 a cn .a omission of any work or tact.ivi tries under - taken by the Center on the leer >ed premiaen, or use thereof. by Canter or by others under the Center's Fsupervie: ion and control, or ca>>sed by or for which the Center may otherwiro be gold r_oeponFsiblo, and to the extent authorized by law, to indemnify and s avet harmlens the' City, and its employees and agents from and againot any and all such injury and damage or liability arising therefrom. P-ect 5 Ac cess: The Center shall permit the City or its authorized agent to enter the premises at all reasonable hours for they purpose of inspection. The City will allow the CenteSr reasonable access to the premises across other City property or property under its control if necessary. The City retains the right to cross the leased premises including the installation of roads and roadways if necessary in order to have access to other properties of the City or properties which the City controls and the right to extend its Trails System over and across the leased promises at such location or locations as the City may determine. Sec tion6. Surrender xnd Ftold- C?'ver Periocl T is e Center agrees it will peaceably surrender and deliver to the City the leased premises and all improvements thereon at the termination of this Management Agreement and that said improvements will be in as good order and condition as when the same were entered upon, loss by fire or ordinary wear excepted. 5-e ction 5.7. The Center agrees it will not allow liens or encumbrances to be placed on the premises or improvements thereon by its acts or defaults or as a result of its operations an they premises. SQQtion 5,8 operations The Center shall establish and operate a Nature Center on the leased premises for environmental, education and recreation and shall not use the leased premises for any other purpose. The scheduling of Nature center activities and the conduct and operation of such activities, including frequency of activities and type of activities, shall be the responsibility of the Center and within its discretion. The Center shall be open to tbo general public and the Center may charge a reasonable admission fee. Center shall not in the use of the leased premises or operation of its Center discriminate on the basis of race, color, creed, national origin, sex or age. Section 5,9R1yMer" Payments by the City, if any, to the Center shall be deposited by the City in a bank or financial institution named by the Center. Vi. DEYEXAPMEITT SPS-t 6.1 Master Plan All improvements to the leased premises and buildings and structures constructed thereon 4 fo 'd 65:01 NOW EE- Se -NIIf and other development of the Center shall be constructed and performed by the Center hL itn sole coast And exponFie and only in accordance with a Master Plan submitted to and approved by the City mannger of City prior to any Auch construction or development. No chnnges in the Master Plan shall ba made without the (prior written approval of the City Manager. r z ec Li 6 .2. No building or other improvement of a permanent nature, whether or not included in the Master Plan, shall be constructed or placed upon the premises until after the Center shall have first given written not to the City Manager describing the proposed building or other improvements and its location on the premises at least one hundred (100) days prior to the commencement of construction of such building or improvement. No structure or improvement of a permanent nature shall be constructed without first obtaining prior Written approval of the City's City Manager and director of Parks and Recreation. S ect e Cente it is agreed that all improvements which the Center places in use or installs upon the leased premises shall upon termination of this management agreement become the property of the City, or, at the sole option of the City, set improvements shall be removed by the Center at it's cost and expense within thirty (30) days after termination. It is agreed that the Center has the right to sublease or assign the restaurant located on the leased premises for the term of this lease with written approval from the city. The Center shall submit to the city Manager a copy of the sublease or assignment proposal. The City Manager shall have thirty (30) days after receipt of sublease or assignment proposal to either approve or deny the sublease or assignment. The failure of the City Manager to respond within thirty days shall constitute an approval of the sublease or assignment by the City. It is expressly understood that the Center may pledge its interest in the sublease or assignment as collateral for loans obtained by the Center. It is also expressly agreed and understood that the Center may not mortgage the improvements on the leased premises or the leased premises themselves, and neither such sublease or assignment nor city's approval thereof shall be or -construed to be a subordination of City's interest in such improvement or leased premises. Section 6.4. Center.. . shall not : raze, rerove,, structurally - change, or substantially alter or VrAify any improvement or structure locate_-d on the leased premises without f irst obtaining the written approval of the City Manager of City. Center shall submit to City Manager a written request for such approval describing in detail the work to Do performed. The City Manager shall within a reasonable time after receipt of such request either approve or deny the request. The failure of the City Manages, to so respond shall constitute a denial of such request_ Section 6.4.1.. Any request for changes, approval or consent required by Sections 6.1, 6.2 or 6.4 shall be deemed to be denied if such request is not responded to in writing within 30 days after receipt thereof by the City Manager. The reuidence located on the property dnrignated as Parcel n -4, Exhibit *C^ shall be ured and occupied only as a rosidencn. Tho occupants of zilch residence shall. nct as carotakers of the ilonoi Farm adjrncent to the leaned premises and shall report activities of Any person thereon which appears to be potentially destructive or damaging or which constitutes an abnormal use thereof. VII. LOI L -ATxQN O ORD I NAN CUS. All ordinances of the City of a regulatory or police nature including traffic ordinances shall apply to and govern the leased premises and activities conducted thereon tho same as if the leased premises were located within the City. All improvements on the leased premisas shall be made and conct:ruated in accordance with applicable ordinances of the City, howevcr, the City ordinance and regulations an to construction of streets anc) roads shall not apply to the Center's development of the premises. Control of fugitive dust from roadways and activities conducted on the premises shall be the sole responsibility of the Center. VIII. ASSIGNM$ The Center is authorized to assign this Agreement to the University of Southern Colorado (the " University") subject to the University assuming Center's obligations hereunder And agreeing to be bound by the terms and conditions of this Agreement from and after the date of such assignment. In the event of such assignment, the University would be entitled to (i) operate the Nature Center as part of the University'a campus including conducting educatiaflel activities for itn students on the leased pt in addition to operating the Nature Center as herein provided, and (ii) sublease the restaurant facility located on the leased premises to a private enterprise. The assignment between Center and University shall require the University to appropriate and expend not less than $40,000 in 1993 for the operation of the Nature Center in addition to all funds generated by activities conducted on or with respect to the Hatuxe Center, special events, xembership fees, gifts or donation to the Nature Center or to the University for the Nature Center, and restaurant sublease. If it fails to so appropriate, the City may terminate the assignment immediately upon written notice. Said failure to appropriate shall not be considered b default, and termination will be without penalty. Neither the assignment between the Center and the University nor the restaurant sublease shall become effective until approved in writing by the City Manager of City. Except as above provided, there shall be no assignment nor sublease, in whole or in part, of the leased premises or this Agreement without the prior written approval of the City. 1 90 'd 10:11 NN £G- 98-11W ix. RgT7 CE.. Any notice required under this learn shall be in writing and personally delivered or nent postage prepaid in the U.S. Mail registered or certified, return receipt requested to: If to the City: City Manager, City o£ Pueblo, 1 City Hall Place, Pueblo, Colorado, 61003. If to the Center: Center of Pueblo, Inc., 5200 West 11th Street, Pueblo, Colorado, 010031 or, to any addreas subacquently designated in writing by the parties. It to the University of Southern Coloradoc President, University of Southern Colorado, 2200 Bonforte Boulevard, Pueblo; CO 81002. The Center :hall designate in writing the name and telephone number of a representative of Center who shall be available after normal workdays and weekends for contact by the City. X. RUNEWAL If not in default hereunder, center shall have the night of first refusal to renew this Management Agreement upon such terms, covenants and conditions as Cent 'or and City may then mutually agree upon. The right of first refusal hereby granted shall extend to the leased premises described in Exhibits A and C only if the City has then renewed or extended its Lease of June 24, 1974 with the state of Colorado beyond July 1, 2004. If Center desires to lease the leased premises or enter into a Management. Agreement therefor after the expiration :o£ the original term h areof, Center shall. within six month& prior to July 1, 2004 so notify City. If Center and City are unable for any reason to mutually agree upon the termn, covenants and conditions for such renewal by July 1, 2004 or within 30 days thereafter, Center's right of first refusal hereby granted shall cease and terminate. XI. BAzARn JNSU " center shall insure and keep insured the improvements located upon the leased premises in an amount equal, to 80-t of their insurable value through fire and extended coverage insurance, with companie -.s acceptable to the City. Center shall assign any policy of insurnnr_e, in whatever ammountissued, procured pursuant hereto, to the City as security for the repair or replacement of any building that may be destroyed or damaged by any of the hazards insured against herein. All proceeds of such insurances shall be paid jointly to Center and City and shall be applied only for the repair or replacement of -the damaged buildings on the leased premiines. Center and the City and all parties claiming under theta hereby mutually ralease and discharge each other from any claims, liability, or damage, caused by or arising from Any hazard covered by insurance on the leased premines and improvements thereon, or covered by insurance in connection with any property on the leased premises, regardless of the cause of the damage or loss. 7 5E 60 'd 10:11 NOW E6- 5Z, -Wr X11. BJ PING M This Amended Management Agreement shrill ba binding upon tho partieE, their successors, and approved transferooa and aseigns and shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF, the City And the Center of Pueblo, Inc. have caused thin Agreement to be duly approved and exccuted as of the date first Above written. Executed at Pueblo, Colorado the day and year first above written. PUEBLO, a Municipal corporation By Id 7 F sident, ity Counc I oP Pueblo, Colorado ATTEST: z ity Clerk of Pueblo, Co orado A PPROVE D AS TO FORM: Ci t orney GRBEWAY AND NATURE CENTER OF PUEBLO, INC., -a Colorado Nopprofit corporation Ares dent TTF Secretary 0 0 31'd zo: < < NOW EMIZ -Or ji cla LL) w H pi UA /J � a z y r ; bn ' r •^ If 3 . � c '►. � .� =FTC' --' l /t, . • • ter .:.• �: t r. w Y� is ' - r „ ..... .. , � •Y • r•,J?r7t:;•�;;p,�y ^� .•y ,.Y.a , Ty ' � '•: • �.'�AS= �� ± !Y J - o p fe rr •� : M •JY� • 'rL1Rj1 i � :'t �;l� • ' ti' ° �i ., �, X .i �� ` 't _ � �i °fir•• ~• `r. •, !i• � "' .•�'�,� =, .,�" �� �",'y:. :,� +•. ..x .f'i GOCO Local Government Parks and Outdoor Recreation Grants Application by Greenway and Nature Center of Pueblo Great Outdoors Colorado Budget -- Detail of Materials and Construction Costs: �qc;c 'O $35,800 Total For Exhibit Development and Trail Interpretive Signage: Construction and display of directional signs /placards acknowledging GOCO support and involvement 1,000 4 Interactive Kiosks @ 3,500 /ea. 14,000 and computer /software 2,500 20 Permanent Exterior Signs and Posts (Trail) 7,500 Cages and Aquariums -- 2 x 50 gal. aquariums with lights, filters @ $2,000 /ea. 4,000 3 mesh cages /glass fronts @ $600 /ea. 1,800 Mural /Diorama, wall mounted interpretives w/ photos, text, graphics 4 @ 1,250/ea. 5.000 Total for Exhibits and Interpretive Signage $ 35,800 * *Partners /Applicant Cash $37,400 Total For 1,000 square foot Addition Construction: Excavation, Stemwalls, Footers $ 6,545 Concrete Floor Slab 3,700 Framing and Lumber 5,500 Sheathing and Insulation 3,580 Structural Steel 1,460 Roofing 1,460 Windows 925 Doors and Hardware 490 Suspended Ceiling 1,460 Interior Finish (drywall, paint, carpet, base) 3,210 Electrical (wiring, lighting) 2,240 Heating, Cooling 2,340 Construction 4,490 Total for Addition Construction $ 37,400 GOCO Local Government Parks and Outdoor Recreation Grants Application by Greenway and Nature Center of Pueblo Great Outdoors Colorado Budget -- Disbursement Schedule Disbursement Tyne Project Initiation Funds for Research & Design Project Mobilization Initiation Funds Project Completion Date by December 29, 1995 by June 30, 1996 by December 31, 1996 DEG Requested Amount $ 15,000 $ 20,000 10,000 Total Expenditure $ 45,000 PROJECT EXPENDITURE DOCUMENTATION THE ITEMS LISTED BELOW ARE NECESSARY DOCUMENTATION FOR THE PERFORMANCE OF A CLOSEOUT (DESK) AUDIT ON A COMPLETED GOCO PROJECT. One fully itemized expenditure report to which the following certification must be added and signed: "This billing reflects only those items listed which conform to the description of our project." The expenditure report should also reflect the matching and in -kind resources detailed in the project application and budget. 2. Copies of invoices for all expenditures listed on the expenditure report. This should include expenditure reimbursement. Invoices must indicate those items which apply to the project. 3. Copies of all canceled checks for the above invoices. 4. Copies of all contracts awarded. 5. Copies of all change orders to contracts. 6. Evidence of payment of contract amounts. (Normally canceled checks -for in -kind, signed verification of value of contract materials or labor provided by vendor). 7. Copies of all bids for contracts. Copies of all bid notices. 9. Documentation to support all account costs to include copies of time cards /sheets, payroll sheets, and canceled checks. Time cards /sheets must be clearly annotated to indicate hours, rates, and costs charged to project. 10. Documentation to support sponsor -owned equipment costs to include use vouchers and cost summary sheets. Use vouchers and cost summary sheets must be clearly annotated to indicate hours or mileage usage, rates, and costs related to the project. Colorado State Highway Department or locally developed rates (whichever is lower) may be used. EXHIBIT C--- APPENDIX D LIMITATIONS ON FUNDING Funds awarded to Grantee for this project may not be used for the following expenses: (1) Projection screen; and (2) Audio /visual system. EXHIBIT D