Loading...
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: