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