HomeMy WebLinkAbout8348RESOLUTION NO. 8348
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
THE STATE BOARD OF GREAT OUTDOORS COLORADO
TRUST FUND RELATING TO LAKE ELIZABETH URBAN PARK
IN HARP AND AUTHORIZING THE PRESIDENT OF COUNCIL
TO EXECUTE SAME
WHEREAS, the City of Pueblo supports the completion of Lake Elizabeth Urban Park
in the Historic Arkansas Riverwalk of Pueblo project; and
WHEREAS, the City of Pueblo has received a grant from Great Outdoors Colorado to
fund the improvements to the Lake Elizabeth Urban Park in the Historic Arkansas Riverwalk of
Pueblo project, subject to the execution of a grant agreement; and
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The agreement dated November 6, 1997, between the City of Pueblo, a municipal
corporation, and the State Board of the Great Outdoors Colorado Trust Fund, for Lake Elizabeth
Urban Park project, a copy of which is attached hereto (except a copy of the City's application 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
agreement 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
Funds in the amount of $75,000, in Fund 54 - State Lottery Fund, are hereby
appropriated, budgeted and irrevocable pledged to meet the City of Pueblo's financial obligations of
the Contract.
SECTION 4
The resolution will become effective upon final passage.
INTRODUCED: February 23. 1998
BY: John Verna
COUNCIL PERSON
APPROVED:
PRESIDEN OF THe COUNCIL
ATTESTED BY:
CI LERK
�
Z-03-98
Council Agenda
TITLE: A RESOLUTION APPROVING AN AGENDA ITEM #
AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION,
AND THE STATE BOARD OF THE GREAT
OUTDOORS COLORADO TRUST FUND
RELATING TO LAKE ELIZABETH URBAN
PARK IN HARP AND AUTHORIZING THE
PRESIDENT OF COUNCIL TO EXECUTE
THE SAME
DEPARTMENT PLANNING & DEVELOPMENT DATE February 23.1998
ISSUE: Should the City Council approve an agreement between the City of Pueblo and the
State Board of the Great Outdoors Colorado Trust Fund for improvement to Lake Elizabeth
Urban Park in HARP and authorizing the President of Council to execute the agreement.
BACKGROUND: The City will be committing to construct park improvement to the area
around Lake Elizabeth in the HARP area. The City has received a Great Outdoors Colorado
Local Government Grant in the amount of $100,000 for the project. Improvements to the
Lake Elizabeth area include: paddle boat landings, construct a wetland area, retaining walls, turf,
and an irrigation system. The project is estimated to be completed within one year.
The estimated budget for the project is $256,000, which includes the following funding sources:
$100,000
Great Outdoors Colorado Trust Fund
$ 81,000
HARP Foundation
$ 75,000
City of Pueblo
$256,000
TOTAL COST
RECOMMENDATION: Approval of the Resolution.
FINANCIAL IMPACT: The City of Pueblo will receive a $100,000 payment from Great
Outdoors Colorado upon the completion of the project. The $81,000 payment from the
HARP Foundation will be received in December, 1998. The City's $75,000 cash match will
come from Fund 54 - State Lottery Fund. Grant funds will be disbursed on the basis of costs
incurred. The project must be maintained by the City, or it's successors, for at least 25 years.
Great Outdoors Colorado Park & Recreation Grant
GRANT AGREEMENT
PROJECT:
Name: Lake Elizabeth Urban Park
Completion Date: 5/1/99
Contract No: 8162
PARTIES TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado Trust Fund
Address: 303 East 17 Avenue, Suite 900
Denver, CO 80203
Telephone: 303 - 863 -7522
Grantee:
Address:
Telephone:
Contact name:
Contact title:
Date:
City of Pueblo
No. 1 City Hall Place
Pueblo, CO 81003
WORK
Mr. Steven Meier
Senior Planner
November 6, 1997
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. 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.
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MAR 12 1998 1
Great Outdoors Colorado Park & Recreation Grant
D. The Board approved Grantee's Project Application on October 20,
1997, subject to the execution of a detailed Grant Agreement the conditions of which are
set forth herein.
E. Grantee anticipates that the Project described in the Project
Application will be substantially completed on 5/1/99.
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 (the "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, $100,000.00, 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
proj ect.
2. Project scope The Project, Lake Elizabeth Urban Park, 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. Prior to execution of this Agreement, Grantee will submit the
following information to the Board's staff:
a. A resolution adopted by the governing body of the Grantee authorizing the
execution of this agreement and approving its terms and conditions (which will be
attached to the Agreement as Appendix C);
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Great Outdoors Colorado Park & Recreation Grant
b. A detailed Work Plan and Budget for this Project. Grantee hereby agrees to
promptly submit all material revisions to their Work Plan and Budget. As provided further
below, the Board reserves the right at any stage of the Project to withhold funding if (i)
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; and
d. Plans for the erection of signs and placards for the Project, as provided in Section
10(d) below.
4. Disbursement of Funds Prior to the payment by the Board at the completion of the Project,
a. The Grantee must provide the Board:
(1) Written assurance the Project has been substantially completed
according to the work plan and budget, along with Project Expenditure Documentation detailed
in Appendix B (the "Project Expenditure Documentation "), and reports as noted above to support
this claim; and
(2) Written assurance that 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); and
(3) Written assurance that matching funding has been received as
outlined in the Project Expenditure Documentation (Appendix B) (or the status of efforts to
secure matching funding has been disclosed to Board staff and it has been found to be
satisfactory); and
(4) Written assurance that the representations made to the Board in the
Project 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).
b. The Board will release funding subject to the following conditions:
(1) 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, administrative costs (such as salaries
associated with administering the grant, office supplies, telephone, or travel expenses), non -fixed
assets (such as athletic equipment), or any other costs deemed to be ineligible by the Board.
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Great Outdoors Colorado Park & Recreation Grant
(2) Disbursement shall be made on the basis of costs incurred. A
reduction in total project cost or grantee's matching funding may cause a proportional reduction
in the grant award.
(3) Full payment of the contract amount will be made upon substantial
completion of the Project, and submission and approval of the Project Expenditure
Documentation and the information required in paragraphs 3 (Information to be provided upon
execution of this Agreement) and 4 (Disbursement of Funds).
(4) Grantee shall submit a written request for reimbursement as
outlined in the Project Expenditure Documentation within 180 days of Project Completion.
Projects are considered completed when all anticipated land has been acquired, facilities or trails
built. Failure to submit the request for reimbursement within the specified time period may
result in reduction or loss of grant dollars even if there are undisbursed amounts remaining in the
grant.
5. Waiver The Executive Director may waive one or more of the obligations in
paragraphs 3 and 4 of the Agreement, or may require performance of one or more of these
obligations subsequent to disbursement.
6. 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.
7. 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. To the extent permitted by law, the Grantee will
indemnify the Board from any liability for any failure to comply with any such applicable
requirements.
8. Public access Grantee agrees, for itself and its successors in interest, to allow
reasonable access to the members of the public to the Project.
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Great Outdoors Colorado Park & Recreation Grant
9. 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.
10. 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 a sign at a visible location on the Project site
acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. Such signs
can be obtained through Great Outdoors Colorado, or the Board will provide reproducible
samples of its logo to the Grantee for custom signs. If a custom sign is desired, plans describing
the number, design, placement, and wording of signs and placards shall be submitted to the
Board for review and approval prior to completion of the Project. Final payment may be
withheld by the Board pending placement of signage 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,
significance, and completion 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; and
g. Grantee shall provide quality photographs or slides of the project upon
completion if requested by Great Outdoors Colorado.
11. Audits and Accounting Grantee shall maintain standard financial accounts,
documents, and records relating to the use, management, and operation of the Project. The
accounts, documents, and records related to the Project shall be retained by the Grantee for five
(5) years following the date of disbursement of funds under this Agreement. The Board, or its
designated agent, shall have the right, upon reasonable notice to the Grantee, to audit the books
and records of Grantee which pertain to the Project and to the use and disposition of Board funds.
The Grantee may use any accounting system which follows the guidelines of "Generally
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FEB 17 '98 08:56 FR GOCO 303 863 7517 TO 17195430572 P.02i02
Great Outdoors Colorado Park & Recreation Gran[
Accepted Accounting Practices" published by the American Institute of Certified Public
Accountants.
12. 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.
13. Grantee's inability to complete Project 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.
14. Inspection Throughout the term of this Agreement, the Board shall have the right
to inspect the Project area to ascertain compliance with this Agreement.
15. Governmental Immunity The following provision applies to the Board. This
provision may apply to the grantee if the grantee qualifies for protection under the Colorado
Governmental Immunity Act, C.R.S. 824 -10 -101 et se q. The Parties by entering into the instant
agreement, do not waive or intend to waive by any provision of this agreement, the monetary
limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 824-
10 -101 et se q., as it is from time to time amended, or otherwise available to the Grantee, its
successor, employees, officers or agents.
16. Liability. To the extent permitted by law, the Grantee shall be responsible for,
indemnify and hold harmless the Board, its officers, agents and employees from any and all
liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way
connected with or incident to performance of this Agreement, except for the negligence illegal
acts or willful and wanton conduct of the Board its officers agents, or employees. Grantee
hereby waives any and all rights to any type of express or implied indemnity or right of
contribution from the State of Colorado, the Board, its officers, agents or employees, for any
liability resulting from, growing out of, or in any way connected with or incident to this
Agreement.
17, Assignment Grantee may not assign its rights under this Agreement without the
consent of the Board.
18. Good faith 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.
19. Applicable Law Colorado law applies to the interpretation and enforcement of
this Agreement.
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Great Outdoors Colorado Park & Recreation Grant
20. Independent Contractor Grantee is an independent contractor acting in its
separate capacity and not as an officer, employee or agent of the Board.
21. 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 be appropriated, budgeted and otherwise made available.
22. Severability If any provision of the Grant Agreement, or the application there of
is found to be invalid, the remainder of the provisions of this Grant Agreement, or the
application of such provision other than those as to which it is found to be invalid, shall remain
in full force and effect.
23. Entire Agreement Except as expressly provided herein, this Agreement
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 made as an amendment to this contract, approved by the Board, and signed
by the parties in this Agreement.
Dated: � r q 'q7
STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
B /Ex ,
F ti ve Director
GRANTEE:
CITY OF PUEBLO
By
Title: President of the Counc
APPROVED
AS TO FORM
Contract - Park & Rec 98.doc (8162) 11/06/97
Great Outdoors Colorado Park & Recreation Grant
APPENDIX A
PROJECT APPLICATION
Lake Elizabeth Urban Park
Contract - Park & Rec 98.doc (8162) 11/06/97
APPENDIX B
PROJECT EXPENDITURE
DOCUMENTATION
7
APPENDIX B
PROJECT EXPENDITURE DOCUMENTATION
THE ITEMS LISTED BELOW ARE NECESSARY DOCUMENTATION FOR THE
PERFORMANCE OF A CLOSEOUT (DESK) AUDIT ON A COMPLETED GOCO PROJECT.
TO BE ELIGIBLE FOR REIMBURSEMENT THE FOLLOWING DOCUMENTATION
MUST BE SUBMITTED WITHIN 180 DAYS OF SUBSTANTIAL PROJECT COMPLETION.
❑ One fully itemized expenditure report to which the following certification must be added and
signed:
"This billing reflects only those items 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.
❑ Copies of invoices for all expenditures listed on the expenditure report. Invoices must
indicate those items which apply to the project.
❑ For in -kind volunteer labor include: contractors estimates on the value of labor or detailed
documentation of volunteer hours spent on each phase of the Project.
❑ For in -kind professional services include: a signed verification of value by contractor or
billing statement setting forth the amount of services or materials contributed to the Project.
❑ Evidence of payment of contract amounts. Copies of all canceled checks for the above
invoices or purchase orders and detailed accounting of method and date of payment.
❑ 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. This information may be summarized in spreadsheet
format.
❑ 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.
97 Expenditure Documentation Rev.l.doc
I
APPENDIX C
CITY OF PUEBLO'S RESOLUTION,
PROJECT BUDGET, and TIMELINE
"Lake Elizabeth Urban Park"
Historic Arkansas River Corridor
August 1997 (revised January 1998)
"PROJECT BUDGET"
SOURCEOFFUNDS
DATE
GREAT
APPLICANTIPARTNER
TOTAL
OUTDOORS
COLORADO
CASH IN -KIND
GRANT AWARD
FEB. 1998
$100,000
$100,000
APPLICANT'S CASH
City of Pueblo
FEB. 1998
$75,000
$75,000
Pueblo County/HARP
FEB. 1998
$50,000
$50,000
Foundation
TOTAL SOURCES OF
$100,000
$125.000
$225,000
FUNDS
USES OF FUNDS
DATE TO BE
GREAT
APPLICANT
TOTAL
SPENT
OUTDOORS
CASH IN -KIND
COLORADO
PROFESSIONAL
Ongoing
IN -KIND
IN -KIND
SERVICES
GRADING /SITE PREP.
2/98 to 11/98
$5,000
$5,000
$10,000
includes rough and finish
gra din g
PADDLE BOAT FACILITY
12/97 to 9/98
$0
$31,000
$31,000
WETLAND AREA
12/97 to 10/98
$0
$27,000
$27,000
includes wetland
vegetation species for flora
identification and wildlife
habitat
ACTIVE PARK AREA
3/98 to 12/98
$95,000
$62,000
$157,000
including park retaining
walls, turf, and irrigation
TOTAL USE OF FUNDS
$100,000
5125,000
5225,000
"Lake Elizabeth Urban Park"
Historic Arkansas River Corridor
August 1997 (revised January 1998)
"TIMELINE"