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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. Contract - Park & Rec 98.doc (8162) 11/06/97 �0 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); Contract - Park & Rec 98.doc (8162) 11/06/97 2 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. Contract - Park & Rec 98.doc (8162) 11/06/97 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. 4 Contract - Park & Rec 98.doc (8162) 11/06/97 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 Contract - Park & Rec 98.doc (8162) 11/06/97 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. 6 Contract - P3k R Rec 98.doc (8 162) 02117/98 r ** TOTAL PAGE. 02 ** 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"