Loading...
HomeMy WebLinkAbout10214RESOLUTION NO. 10214 A RESOLUTION APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND RELATING TO THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO – PHASE III A -1 AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo approved the submittal of a $500,000 grant application to Great Outdoors Colorado for the HARP Phase III A -1 project, Resolution No. 10038; and WHEREAS, the City of Pueblo has received approval for the funds from Great Outdoors Colorado subject to the execution of a grant agreement. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The grant agreement between the City of Pueblo, a Municipal Corporation, and Great Outdoors Colorado for the HARP Phase III A -1, 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 the grant 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. INTRODUCED August 23, 2004 m Michael Occhiato Councilperson ATTESTE ': CLE - R — K �J�I P"- :# 102,1 Y- Background Paper for Proposed RESOLUTION AGENDA ITEM # / � DATE: AUGUST 23, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENTIJIM MUNCH JITLE. A RESOLUTION APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND RELATING TO THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO — PHASE III A -1 AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME ISSUE Should City Council approve the grant agreement with Great Outdoors Colorado Trust Fund to fund a portion of the construction of Phase III A -1 on the Historic Arkansas Riverwalk of Pueblo? RECOMMENDATION Approval of this Resolution BACKGROUND The City was awarded a $500,000 grant from GOCO on March 26, 2004 on behalf of the HARP Foundation. The project will extend the Riverwalk from Grand Avenue to the propose Convention Center expansion and will include such improvements as; removing the Municipal Courts Building, installing the Riverwalk channel and basin, relocating existing and installing new utilities, pedestrian walkways and an aeration system. The City Council approved the Schematic Design for this project under Resolution No. 9864, dated May 27, 2003. Entering into this agreement will obligate the City to use its best efforts to complete the Project and has undertaken the responsibility for obtaining matching funds. Matching funds will be provided from the HARP Foundation. The grant agreement further obligates the City to: a) Operate and maintain the Project in a reasonable state of repair for the purposes specified in its Project Application for at least 25 years. b) Assume the 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 and agrees indemnify GOCO for any failure to comply. c) Maintain standard financial accounts and records relating to the use, management and operation of the Project for five (5) years following date of disbursement of GOCO funds. d) Hold harmless GOCO from all liabilities, claims, costs and damages arising out of this Grant Agreement (to the extent permitted by law). e) Use its best efforts to complete the Project. FINANCIAL IMPACT Per the grant agreement, the Project cost is $2,710,398. GOCO will provide $500,000 for the Project over two (2) years, up to $250,000 in each year. GOCO funds may not be used for contingencies or administrative costs. Matching funds in the amount of $2,210,398 for the Project will be provided by the HARP Foundation, which includes $60,000 from Pueblo County. No City funds are to be made available for the Project. The Project is to be completed prior to March 26, 2006. The City will receive the grant funds as a reimbursement for costs incurred_ If the City does not secure the matching funds or if the Project is not completed in compliance with the Grant Agreement, no GOCO funds will be paid to the City. The Grant Agreement does not create a legally enforceable obligation against the City to complete the Project. The Grant Agreement specifically provides: The parties intend that this contract shall not be construed to be a multiple fiscal year district debt or other financial obligation within the meaning of Article X, Section 20 of the Colorado Constitution (TABOR Amendment), and agree that this Agreement shall be interpreted and performed in a manner, which will avoid such a construction. Based on this, it is the City's Attorney's opinion that approval and execution of the Grant Agreement will not create a multiple-fiscal year, direct or indirect, City debt or other financial obligation in accordance with the TABOR Amendment. The City will be required to budget and appropriate the $500,000 from the GOCO grant and the $2,210,398 in matching funds from the HARP Foundation, totaling $2,710,398. The City will enter into a separate agreement with the HARP Foundation committing the matching funds. # ko August 23, 2004 Dave Galli City Manager 1 City Hall Place, Second Floor Pueblo, Colorado 81003 Dear Dave: HARP Board This letter is on behalf of the HARP Foundation and in response to our discussion concerning Of Directors the GoCO grant that has been awarded to the City of Pueblo for the Historic Arkansas Riverwalk of Pueblo Phase III A -1 Project. Gus Sandstrom Chairperson The HARP Foundation understands that the $500,000 GoCO grant requires that a funding Alan Hamel match of approximately $2.2 million be provided in order to fully fund Phase III A -1 Project. Vice chairperson The HARP Foundation also understands that it has the responsibility to secure these matching dollars in compliance with the requirements of the GoCO grant as it was awarded, and before Mark Dunsmoor construction of the project can begin. The HARP Foundation is in the progress of raising the Treasurer funds neces sary to meet this obligation. Claudia Robinson Secretary At the present time the HARP Foundation has approximately $1.2 million in cash and pledged contributions, and has two grant requests that are pending that would provide another Matt Peuien $750,000. The remaining funding needed for Phase III A -1 project will come from a major gifts campaign that will begin mid- September of 2004. The Foundation's goal is to secure the $2.2 million funding necessary for the Phase III A -1 Project in time to start construction of the Executive Director project spring of 2005. Steve Arveschoug The HARP Foundation is very confident that the $2.2 million matching funds for the GoCO grant will to be available on or before the spring 2005 target date. Please let me know if you have questions or need further detail. Steve Ary houg Executive Director, HARP Authority4L Foundation cc: Ken West, HARP Foundation Board President HARP AUTHORITY HARP BOATHOUSE 200 West First Street, Suite 303 101 S. Union Avenue Pueblo, Colorado 81003 Pueblo, Colorado 81003 Telephone: (719) 595 -0242 • Fax: (719) 583 -4696 Telephone: (719) 595 -1589 • Fax: (719) 595 -1592 www.puebloharp.com www.puebloharp.com Great Outdoors Colorado Mid -range Grant Agreement GRANT AGREEMENT PROJECT: Project Title: Historic Arkansas Riverwalk of Pueblo Phase III A -I Completion Date: Prior to March 26, 2006 Contract Number: 04351 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund Address: 1600 Broadway, Suite 1650 Denver, CO 80202 Telephone: (303) 863 -7522 Facsimile: (303) 863 -7517 Grantee: City of Pueblo Address: #1 City Hall Place Box 1427 Pueblo, CO 81003 Contact Name: Mr. Steven Meier Contact Title: Senior Planner, Department of Planning and Development Telephone: (719) 553 -2252 Facsimile: (719) 584 -0844 Date: April 13, 2004 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 1999, the Board created a statewide grant program, pursuant to which eligible entities could apply for grants for Local Government Mid -Range parks and outdoor recreation projects of regional significance to which Grantee responded with a detailed application (the "Project Application "). April 13, 2004 Page 1 of 13 Great Outdoors Colorado Mid -range Grant Agreement 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. D. The Board approved Grantee's Project Application on March 26, 2004, 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 completed no later than March 26, 2006. 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 to be approved by the Executive Director of the Board pursuant to this agreement. AGREEMENT The parties agree as follows: 1. Grant and Project a. The Board hereby grants to Grantee the sum not to exceed $500,000.00, subject to the terms of this Agreement. The Board will appropriate funds over two years in installments of up to $250,000.00 and $250,000.00 respectively. 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. b. The grant is expressly contingent upon the following conditions: 1) Funding in year two will be contingent on satisfactory financial performance in year one. 2) The Project will be complete no later than March 26, 2006. 2. Project scope The Project, Historic Arkansas Riverwalk of Pueblo Phase III A -I, 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: April 13, 2004 Page 2 of 13 Great Outdoors Colorado Mid -range Grant Agreement 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 B); b. A detailed Project Budget (the "Budget ") and Project Timeline (the "Timeline ") for this Project (which will be attached to the Agreement as Appendix C and Appendix D respectively). Grantee hereby agrees to promptly submit all material revisions to their Budget and Timeline. 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 11(d) below. 4. Disbursement of funds The parties agree that the disbursement of the grant will occur in two installments that must be disbursed prior to March 26, 2006. a. Prior to all disbursements by the Board, Grantee must provide financial documentation upon annual close -out prior to GOCO appropriating funds for the subsequent year. All requests for grant disbursements must be accompanied by: (1) Written assurance the Project scope, per year, has been completed according to the Budget and Timeline, along with Final Report Project Expenditure Documentation detailed in Appendix E (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 Budget (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: April 13, 2004 Page 3 of 13 Great Outdoors Colorado Mid -range Grant Agreement (1) Disbursements 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. (2) 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. (2) Full payment of the contract amount will be made upon 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 prior to the completion date, as identified in the Timeline (Appendix D). 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. Breach In the event that the Grantee breaches any of the terms or conditions of this Agreement, the Board shall have the following remedies: a. Prior to payment of grant The Board reserves the right to withdraw funding and/or terminate this Agreement. b. After paMent of grant The Board reserves the right to deem Grantee ineligible for participation in future Board grants, loans or projects, if Grantee defaults in its obligations hereunder. In addition to the foregoing, the Board shall be entitled to pursue any other remedy available at law or in equity. 7. Project operation and maintenance Grantee agrees: a. Grantee or its successor will operate and maintain the Project 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. April 13, 2004 Page 4 of 13 Great Outdoors Colorado Mid -range Grant Agreement 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. 8. 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. 9. Public access Grantee agrees, for itself and its successors in interest, to allow reasonable access to the members of the public to the Project. 10. 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. 11. 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 April 13, 2004 Page 5 of 13 Great Outdoors Colorado Mid -range Grant Agreement 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. 12. 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. 13. 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. 14. Grantee's inability to complete Project If the Grantee determines with reasonable probability that the Project will not or can not 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. 15. Inspection Throughout the term of this Agreement, the Board shall have the right to inspect the Project area to ascertain compliance with this Agreement. 16. 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 sea 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. 17. Liabilit . 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 gross 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. April 13, 2004 Page 6 of 13 Great Outdoors Colorado Mid -range Grant Agreement 18. Assignment Grantee may not assign its rights under this Agreement without the consent of the Board. 19. 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. 20. Applicable law Colorado law applies to the interpretation and enforcement of this Agreement. 21. Independent contractor Grantee is an independent contractor acting in its separate capacity and not as an officer, employee or agent of the Board. 22. Multiple Year Obligations. The parties intend that this contract shall not be construed to be a multiple fiscal year district debt or other financial obligation within the meaning of Article X, Section 20 of the Colorado Constitution (TABOR Amendment), and agree that this Agreement shall be interpreted and performed in a manner which will avoid such a construction. 23. 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. 24. 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. 25. Survival. The terms and provision of this Agreement shall survive the funding of the grant and the acquisition of the real property interest by Grantee. Subsequent to the funding of the grant, Grantee shall have a number of ongoing obligations. 26. 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 signatures of this Agreement transmitted by telecopy as if they were original signatures. 27. Third pagy beneficiary. The Board and Grantee hereby acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between the Board and Grantee, and that no third party beneficiaries are intended. 28. Construction. Each party hereto has reviewed and revised (or requested revisions of) this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. April 13, 2004 Page 7 of 13 Great Outdoors Colorado Mid -range Grant Agreement (To be wed hpon execution by State Board of the Great Outdoors Colorado Trust Fund) STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND By: Executive Director J I" *IT_," City of Pueblo By: Randy T rston Title: President of City Council April 13, 2004 Page 8 of 13 Great Outdoors Colorado Mid -range Grant Agreement APPENDIX A PROJECT APPLICATION Historic Arkansas Riverwalk of Pueblo Phase III A -1 April 13, 2004 Page 9 of 13