HomeMy WebLinkAbout8657RESOLUTION NO. 8657
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE PUEBLO ZOOLOGICAL SOCIETY RELATING
TO THE ENHANCEMENT OF THE ENVIRONMENTAL EDUCATION AT THE PUEBLO
ZOO PROJECT AND AUTHORIZING THE PRESIDENT OF THE PUEBLO CITY
COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo has agreed to be the sponsoring agency for the
Pueblo Zoological Society for its Great Outdoors Colorado Grant so they can complete
the "Enhancement of the Environment Education the Pueblo Zoo" 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 March 22, 1999, between the City of Pueblo, a Municipal
Corporation, and Pueblo Zoological Society for the "Enhancement of the Environmental
Education at the Pueblo Zoo" project, a copy of which is attached hereto and having
been approved as to form by the City Attorney, is hereby approved.
The President of 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 March 22, 1999
BY: Cathv A. Garcia
Councilperson
APPROVED: - n f— wl I�--
President of the Council
ATTEST:
City �
Council Agenda
TITLE:
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE PUEBLO ZOOLOGICAL
SOCIETY RELATING TO THE ENHANCEMENT OF
THE ENVIRONMENTAL EDUCATION AT THE PUEBLO
ZOO PROJECT AND AUTHORIZING THE PRESIDENT
OF THE PUEBLO CITY COUNCIL TO EXECUTE SAME.
DEPARTMENT: Planning and Development
AGENDA ITEM #
DATE: March 22,1999
ISSUE: Should the City Council approve an agreement between the City of Pueblo and the
Pueblo Zoological Society for the "Enhancement of the Environmental Education at the
Pueblo Zoo" project relating to a grant from the State Board of the Great Outdoors Colorado
Trust Fund (GOCO)?
BACKGROUND: The City of Pueblo agreed to sponsor the Pueblo Zoological Society's
submittal of a $70,900 grant application to GOCO for Environmental Education at the Pueblo
Zoo (Resolution # 8531). In December, GOCO approved the grant which requires a $39,300
in -kind match. The Pueblo Zoological Society has agreed to provide the in -kind match for the
grant.
An agreement with Pueblo Zoological Society is necessary in order for the grant funds to be
accepted by the City of Pueblo as the sponsoring agency. GOCO does not allow entities, such
as the Zoo and the Nature Center, to be eligible grant recipient under their grant programs;
therefore, they need a public entity to be a sponsoring agency for the their project. The City has
entered into similar agreements with the Greenway and Nature Center for their projects relating
to GOCO funding.
A copy of the agreement is attached to this Resolution.
RECOMMENDATION: Approval of the Resolution.
FINANCIAL IMPACT: The Pueblo Zoological Society assumes and agrees to perform all
conditions and obligations on the part of the City that are required under the GOCO
agreement. GOCO will issue one payment to the City when the project is completed. The
City's only financial impact will be the staff time involved in monitoring the project.
AGREEMENT
THIS AGREEMENT entered into the 2Z'A" of March, 1999 between the City of Pueblo, a
municipal corporation (the "City ") and the Pueblo Zoological Society, a Colorado nonprofit corporation
(the "Society "), WITNESSETH:
WHEREAS, the City has entered into a Grant Agreement relating to the enhancement of
environmental education at the Pueblo Zoo with the State Board of the Great Outdoors Colorado Trust Fund
(the "Trust Fund ") dated December 14, 1998, identified as Great Outdoors Colorado Contract No. 9254,
a copy of which is attached hereto and incorporated herein (the "Grant Agreement"). and
WHEREAS, Society manages and operates the Pueblo Zoo under Management Contract with the
City, and
WHEREAS, it is intended that Society 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 Society for purposes of the Grant
Agreement;
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein,
City and Society agree as follows:
I . Society assumes and agrees to perform all conditions and obligations on the part of the City
to be performed under the Grant Agreement and shall indemnify and hold City harmless therefrom.
2. Subject to and upon receipt of funds from Trust Fund pursuant to the terns of and upon
Society's compliance with the conditions of the Grant Agreement, City will pay over such funds to Society
to be used solely in furtherance and completion of the project described in the Grant Agreement.
3. ing this Agreement on behalf of Society represents and warrants that such
The person execut
person and Society 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 Societ} enforceable against Society in
accordance with its terms.
Signed the day and year first above written.
PUEBLO A MUNICIPA . SOCIATION
President of the City Council
PUEBLO ZOOLOGICAL SOCIETY
Bv
Title:
XL-
Great Outdoors Colorado Local Government Grant Agreement
GRANT AGREEMENT
PROJECT:
Name: Enhancement of Environmental Education at Pueblo Zoo
Completion Date: Prior to June 1, 2000
Contract Number: 9254
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 -722
Grantee: City of Pueblo
Address: No. 1 City Hall Place
Pueblo, CO 81003
Telephone: (719) 543 -6006
Contact Name: Steven Meier
Contact Title: Senior Planner, Department of Planning and Development
Date: December 14, 1998
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.
Project 9254 Page 1
Great Outdoors Colorado Local Government Grant Agreement
D. The Board approved Grantee's Project Application on October 2,
1998, 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 no later than June 1, 2000.
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.
The parties agree as follows:
1. Grant and Project The Board hereby grants to Grantee the sum not to
exceed 570,900, 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, Enhancement of Environmental Education at
Pueblo Zoo, 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);
Project 9254 Page 2
Great Outdoors Colorado Local Government Grant Agreement
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;
(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);
(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 chances 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, constriction of new facilities, and enlargement or renovation of existing
facilities. Funding may not be used to pay for maintenance costs, design 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.
Project 9254 Page 3
Great Outdoors Colorado Local Government Grant Agreement
(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 by 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.
S. 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. Proiect 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 reauirements 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.
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
Project 9254 Page 4
Great Outdoors Colorado Local Government Grant Agreement
that the evaluation and treatment of their employees and applicants for employment are
free of such discrimination.
10. Publicitv 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 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.
Project 9254 page 5
MAR 00 '99 14:0? FR LOCO 303 663 7517 TO 17195430572 P.03iO3
Great Outdoors Colorado Local Government Grant Agreement
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. §24 -10 -101 et seq 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. §24-10 -101 et sea ., as it is from time to time
amended, or otherwise available to the Grantee, its successor, employees, officers or
agents.
16. Liabilitv 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 of 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.
20, Indenendent Contractor Grantee is an independent contractor acting in its
separate capacity and not as an officer, employee or agent of the Board.
Project 9254 Page 6
** TOTAL PAGE.03 —
Great Outdoors Colorado Local Government Grant Agreement
21. Subiect 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 fiill force and effect.
23. Entire Aareement 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: 4 -- 7 --�-�
STATE B AnR�DOFI THE GREAT UTDOORS COLORADO TRUST FUND
By:
For Executive Director
GRANTE
City of ue o
Title: President of City Council
Project 9254 Page 7
Great Outdoors Colorado Local Government Grant Agreement
APPENDIX A
PROJECT APPLICATION
Enhancement of Environmental Education at Pueblo Zoo
Project 9254 Page 8
�Jtk �(`tN�� 3�r0 t 1 G�,}'1aA
� X 14 1 P1.�•t-j
Great Outdoors Colorado Grant Application Summary Form
Local Government Parks, Related Outdoor Recreation Facilities and Environmental Education
Facilities (Acquire, Establish and Enhance)
Participant Information
1. Applicant: 2. Third Party/Partner:
City of Pueblo Pueblo Zoological Society
3. Applicant Address: 4. inird Party ACLaress:
City Hall 3455 Nuckolis Avenue
Pueblo, CO 81003 Pueblo, CO 81005
S. Applicant Contact: S. Third Party Contact:
Name: Steven Meier Name: Jon.nene McFarland
Title: Senior Planner, Dept. of Planning Title: Executive Director
and Development Telephone #: (719) 561 -1452
Fax #: (719) 543 -0572 Fax #: (719) 561 -8686
PROJECT INFORMATION
7. Title: Enhancement of Environmental Education at the Pueblo Zoo with the addition of an
Exhibit and Graphic Displays on Local Wildlife
8. U. S. Congressional District: 3rd
10. County: Pueblo
l i. Brief Description of Project:
9. Colorado Senate District: #3
Colorado House District #45
Environmentai education in Pueblo County will be enhanced with the construction and
graphical interpretation of an ° :hibit :c: bis u, 2 --d turkeys at the
Pueblo Zoo and with the installation of three graphic displays, in other areas of the 25-
acre facility, on local insect, amphibian, reptile, and plant identification.
12. Partners:
Pueblo Zoological Society ($12,300 cash, $7,655 in- kind), Colorado Division of Wildlife
(5500 cash), 'Thatcher Foundation ($5,000 cash), Northstar Surveying ($225 in- kind),
Larry's Electric ($ 4,800 in- kind), Swerdfeger Construction (54,320 in- kind), B.A.V.
Construction ( $2,500 in- kind), and Santa Fe Supply car Rental ( $2,000 in -kind)
13. Source do Amount of Local Match 14. Project Funding:
Source: Amount:
Zoological Society S17,800 Grant Request $ 70,900
In -kind $21,500 Local Match $ 39,300
Moral $110200
I.S. Authorized Signature: Date: