HomeMy WebLinkAbout8396RESOLUTION NO. 8396
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
THE UNIVERSITY OF SOUTHERN COLORADO RELATING TO
THE PLANNING OF THE GREENWAY AND NATURE CENTER
OF PUEBLO AND AUTHORIZING THE PRESIDENT OF
COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo has agreed to be the sponsoring agency for the Greenway
and Nature Center of Pueblo for a planning grant from Great Outdoors Colorado to fund the
development of a master plan for the Nature Center's facilities, subject to the execution of a grant
agreement; and
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
ECTION 1:
The agreement dated April 13, 1998, between the City of Pueblo, a municipal
corporation, and University of Southern Colorado, for Planning the Greenway and Nature Center of
Pueblo, a copy of which is attached hereto 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
The resolution will become effective upon final passage.
INTRODUCED APRIL 27, 1998
BY: Rich Gol enda
COUNCIL PERSON
APPROVED: � , 11
Pr 'd t of City Council
ATTESTED BY:
CITY KERK
AGREEMENT
THIS AGREEMENT entered into the 27th day of April , 1998 between the
City of Pueblo, a municipal corporation (the "City ") and the University of Southern Colorado (the
"University "), WITNESSETH:
WHEREAS, the City has entered into a Grant Agreement for the Planning of the Greenway and
Nature Center of Pueblo, Pueblo County, Colorado with the State Board of the Great Outdoors Colorado
Trust Fund ( "GOCO ") dated October 28, 1997, identified as Great Outdoors Colorado Contract No.
8010, a copy of which is attached hereto and incorporated herein ( the "Grant Agreement"), and
WHEREAS, the University, as lessee, manages and operates the Greenway and Nature Center of
Pueblo, and
WHEREAS, it is intended that the University will be the recipient of the grant funds for the
purposes of performing the project described in the Grant Agreement, and
WHEREAS, the City has and is acting only as the sponsor of the University for purposes of the
Grant Agreement;
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein,
City and the University agrees as follows:
1. Notwithstanding any provision or the Grant Agreement to the contrary, University
understands and agrees that the City will not be obligated to perform any covenant of the Grant
Agreement on its part to be performed thereunder and that the University assumes and agrees to perform
all conditions and obligations on the part of the City to performed under the Grant Agreement and to
make to or for the benefit or the City all assurances required by the City thereunder.
2. Subject to and upon receipt of funds from GOCO pursuant to the terms of and upon the
University's compliance with the conditions of the Grant Agreement, City will pay over such funds to the
University to be used solely in furtherance and completion of the project described in the Grant
Agreement.
3. The person executing this Agreement on behalf of the University represents and warrants that
such person and the University have the requisite power and authority to enter into, execute and deliver
this Agreement and that this Agreement is a valid and legally binding obligation of the University
enforceable against the University in accordance with its terms.
Signed the day and year first above written.
PUEBLO, A MUNICIPAL CORPORATION
By:
Preside Wt of e City Council
UNIVERSITY OF SOUTHERN COLORADO
I
By. ) ��� _— —
Title: P resident
GRANT AGREEMENT
PROJECT:
Name: Planning for the Greenway & Nature Center of
Completion Date: 3/10/99
Contract No: 8010
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
211 East D Street
Pueblo, CO 81003
(719) 543 -6006
Steven Meiier
Senior Planner
October 28, 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 Planning and Capacity Building Projects
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. Grantee
acknowledges this Project provides substantial benefits to its constituents.
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D. The Board approved Grantee's Project Application on September
10, 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 March 10, 1999.
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, $20,500.00, 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
Project.
2. Project scope The Project, Planning for 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. 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;
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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. Project funding which will (i) briefly identify each major stage or
milestone of the Project, (ii) set out the source, amount and anticipated date of each
disbursement of funds for the Project, and (iii) show the Board payment with respect to
the Project; and
d. The payment schedule agreed between the parties is checked
below:
0 OPTION A: Payment on contract completion. Full payment of
the contract amount will be made upon project completion and submission of the
information required in paragraph 3 and 4.
0 OPTION B: Progress payments. 50% payment upon submission
of the information required by this paragraph 3, including a signed copy of the grant
agreement. In addition, 25% will be distributed upon submission and approval of a
periodic progress report in a form similar to Appendix B. The final 25% of the grant
award will be withheld against all the requirements detailed in paragraph 4.
4. Disbursement of Funds Prior to final payment by the Board at the
completion of the Project:
a. The Grantee must provide to 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 C (the "Project Expenditure Documentation "), and
reports as noted above to support this claim;
(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);
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(3) Written assurance that matching funding has been received
as outlined in the Project Expenditure Documentation (Appendix C) (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) 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, and;
(2) 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 upon accomplishment of the objectives
stated in the Project Application or expenditure of the entire grant amount. 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. 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 or any failure
to comply with any such applicable requirements.
7. 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.
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8. 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; and
C. Grantee shall give the Board the right and opportunity to use
information gained from the Project.
9. 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 Accepted Accounting
Practices" published by the American Institute of Certified Public Accountants.
10. Withdrawal of Board Funding The Board may withdraw its approval of
fundin 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.
11. 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.
12. 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. §24 -10 -101 et seq ( "CGIA ").
Notwithstanding any other provision of this Agreement to the contrary, no term or
condition of this Agreement shall be construed or interpreted as a waiver, either express
or implied, by any party to this Agreement, of any of the immunities, rights, benefits or
protection provided under the CGIA, as amended or as may be amended (including,
without limitation, any amendments to such statute, or under any similar statute which is
subsequently enacted). The parties agree that no provision of this Agreement shall be
construed in such a manner as to reduce the extent to which the CGIA limits the liability
of any party to this Agreement.
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13. 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 this Agreement, except for the negligence 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.
14. - Assignment Grantee may not assign its rights under this Agreement
without the written consent of the Board. Notwithstanding the above, to the extent
necessary to implement the Project the Board expressly consents to the Grantee's
assignment of its rights and obligations under this agreement to the University of
Southern Colorado.
15. 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.
16. Applicable Law Colorado law applies to the interpretation and
enforcement of this Agreement.
17. Independent Contractor Grantee is an independent contractor acting in its
separate capacity and not as an officer, employee or agent of the Board.
18. Severability If any provision of the Grant Agreement, or the application
thereof 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.
19.. 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.
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20. Fax and Counterparts This Agreement may be executed in one or more
counterparts, each of which shall be an original but all of which when taken together shall
constitute one Agreement. In addition, the parties agree to recognize signature to this
Agreement transmitted by telecopy as if they were original documents.
21. Current Fiscal Obligation Financial obligations of the Grantee payable
after the current fiscal year are contingent upon funds for the purpose being appropriated
budgeted or otherwise made available.
STATE O OF THE GREAT OUTDOORS COLORADO TRUST FUND
By ��� _
Rick Hum, Deputy Director APPROVED 5 +c . (I �_ AS TO FORM
GRANTEE:
CITY OF PUEBLO
By �.
Name: Cathy AQ Ga ci a
Title: President of City Cou ncil
Dated: 4 -27 -98
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8010.doc
APPENDIX A
PROJECT APPLICATION
The Greenway and Nature Center of Pueblo
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Great Outdoors Colorado
Greenway and Nature Center
Planning Grant Budget
Sources of Funds
Date
GOCO
Nature
Pueblo
Total
mapping:
Secured
Award
Center/
County
-USC grad student
by 3/99
USC
Match
- consultants
_
Match
S7,000
Cash
9/97
( $20,500
$500
$6,000
$27,000
In. -kind:
- Graduate student
1/97
$5,000
$5,000
- Nature Center staff
$5,400
S10,400
Tot. Source of Funds 1
by 3/99
$20,500
$10,900
1 $6,000
( $37,400
II Uses of Funds
Date to Goco
be spent Funds
Nature
Pueblo
Center/
County
USC funds
Funds
Total
Inventory and baseline
mapping:
-USC grad student
by 3/99
$5,000
- consultants
$2,000
in -kind
S7,000
Customer survey /workshop:
- consultants
- nature center staff
by 3/99
$5,000
55,400
S10,400
Travel (consultants)
by 3/99
I 5500
$500
Telephone, FAX
by 3/99
I $500
$500
Implementation plan/future
maps
by 3/99
$13,000
$6,000
$19,000
Total Use of Funds
$20,500
$11,400
$6,000
S37,400
Great Outdoors Colorado
Greenway and Nature Center
Timeline
Project Milestones
9/97- 1 1/98- 1 4/98-
12/97 3/98 6/98
7/98- 1 10/98- 1 1/99-
9/98 12/98 3/99
Grant Notification
Ecological assesemnt
and inventory by
USC student
Preparation of RFP
for consultants
Award contract to
consultants
Public/ stakeholder
survey /workshops
Complete baseline
mapping
Draft Master Plan
Master Plan
Publication
Project Completion