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HomeMy WebLinkAbout8397RESOLUTION NO. 8397 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 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: SECTION 1: The agreement dated October 28, 1997, between the City of Pueblo, a municipal corporation, and the State Board of the Great Outdoors Colorado Trust Fund, for Planning the Greenway and Nature Center of Pueblo, a copy of which is attached hereto (except a copy of the 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 The resolution will become effective upon final passage. INTRODUCED APRIL 27, 1998 BY. John Verna COUNCIL PERSON APPROVED: .._ President # City ouncil ATTESTED BY: A CITY RK 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 Meiaer 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. Page 1 of 8 8010.doc 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 \11 $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; Page 2 of 8 8010.doc 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. 9 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); Page 3 of 8 8010.doc (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 reszulatory 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. Page 4 of 8 8010.doc 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 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. 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 parry to this Agreement. Page 5 of 8 8010.doe 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 parry. 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. Page 6 of 8 8010.doc 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 130AgD OF THE GREAT OUTDOORS COLORADO TRUST FUND By Rick Hum, Deputy Director APPROVED -Dated: 5 lc6 ej �_ AS TO FORM GRANTEE: CITY OF PUEBLO By 0 ", �. Name: Cathy AQ Ga ci a Title: President of City Cou ncil Dated: 4 -27 -98 Page 7 of 8 8010.doc APPENDIX A PROJECT APPLICATION The Greenway and Nature Center of Pueblo 8010.doc Page 8 of 8 Great Outdoors Colorado Greenway and Nature Center Planning Grant Budget Sources of Funds Date GOCO Nature Pueblo Total mapping: Secured Award Center/ County -USC Arad student by 3/99 USC Match - consultants $2,000 Match 57,000 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 $10,400 Tot. Source of Funds 1 by 3/99 $20,500 $10,900 $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 Arad student by 3/99 $5,000 - consultants $2,000 in -kind 57,000 Customer survey /workshop: - consultants - nature center staff by 3/99 $5,000 $5,400 $10,400 Travel (consultants) by 3/99 $500 $500 Telephone, FAX by 3/99 $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 $37,400 Great Outdoors Colorado Greenway and Nature Center Timeline Project Milestones 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 12/97 1 3/98 1 6/98 1 9/98 1 /97- 1 1 3/99