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HomeMy WebLinkAbout08970ORDINANCE NO. 8970 AN ORDINANCE ESTABLISHING THE GOCO INSPIRE PROJECT NO. PL 16-02, TRANSFERRING $6,000 FROM THE CONSERVATION TRUST FUND, BUDGETING AND APPROPRIATING $74,000 FOR THE GOCO INSPIRE PROJECT, AND APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE THE SAME WHEREAS, the City of Pueblo has received a $50,000 the grant from the State Board of the Great Outdoors Colorado Trust Fund to fund the GOCO Inspire Project, subject to the execution of the Grant Agreement; and WHEREAS, the GOCO Inspire Coalition, has provided $24,000 matching cash and $26,000 in-kind funds and; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The GOCO Inspire Project No. PL16-02, totaling $100,000 is hereby established. SECTION 2. Funds in the amount of $6,000 from the Conservation Trust Fund are hereby transferred into PL 16-02 – GOCO Inspire Project. SECTION 3. Funds in the amount of $74,000 are hereby budgeted and appropriated for said Project. SECTION 4. The Grant Agreement between Pueblo, a Municipal Corporation, and State Board of the Great Outdoors Colorado Trust Fund, GOCO, awarding $50,000 for said Project, a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 5. Upon request of the City, the GOCO Inspire Coalition members will provide, and the City will accept cash contributions in the following amounts: US Forest Service - $6,000, Pueblo Zoo - $3,000, Mountain Park Environmental Education Center - $3,000, The Nature and Raptor Center - $3,000 and the Boys and Girls Club of Pueblo County - $3,000. The balance of the project will be funded with in-kind services in the following amounts: City of Pueblo - $5,000, US Forest Service - $3,000, Pueblo Zoo - $3,000, Mountain Park Environmental Center - $2,000, The Nature and Raptor Center - $3,000, and Pueblo City-County Health Department $4,000, and $4,000 in Public Service Announcements for said Project. SECTION 6. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance and Agreement to effectuate the policies and procedures described therein. SECTION 7. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 8. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED February 8, 2016 BY: Ed Brown PASSED AND APPROVED: February 22, 2016 City Clerk’s Office Item # R-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 8, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE ESTABLISHING THE GOCO INSPIRE PROJECT NO. PL 16-02, TRANSFERRING $6,000 FROM THE CONSERVATION TRUST FUND, BUDGETING AND APPROPRIATING $74,000 FOR THE GOCO INSPIRE PROJECT, AND APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE THE SAME SUMMARY: On October 23, 2015 the Great Outdoors Colorado (“GOCO”) Board approved the Inspire Planning Grant application for the amount of $50,000. Matching funds for the grant, in cash and in-kind donations, provide an additional $50,000 to complete the planning phase of this project. This ordinance will establish the project, budget and appropriate all funding, accept contributions from project partners, and approve the transfer of $6,000 from the Conservation Trust Fund to this project. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The GOCO Inspire project will complete a planning effort that builds on the previous Plug into Nature Study that provided an analysis of the 18 square mile low-moderate income census blocks within the City of Pueblo to determine the current levels of connectedness that youth and families have to the outdoors and nature. The goal of the GOCO Inspire project is to plan opportunities on which to link more people within the project area to nature. This study will include surveys, community meetings, and focus group interviews as part of the project. A consultant team will plan how to facilitate access to outdoor programs and facilities, analyze gaps in both access to the outdoors and outdoor programming, and formulate strategies to overcome cultural barriers resulting in better connections between youth, families and nature. A coalition has been organized (The GOCO Inspire Coalition). The project coalition members are, the City of Pueblo, US Forest Service, the Pueblo Zoo, Mountain Park Environmental Center, Nature and Raptor Center of Pueblo, The Boys and Girls Club of Pueblo County and Pueblo City-County Health Department. A professional consultant will be utilized to engage families to discover solutions to the problem of youthful electronic indulgence vs engaging youth in outdoor activities. The result of the study will be to develop strategies based on the residents’ satisfaction, accessibility, and identify necessary needs to connect with the outdoors and nature. The consultant will establish and propose solutions based on community involvement and coalition guidance. FINANCIAL IMPLICATIONS: The GOCO Coalition Members Contributions Cash/In-Kind are as follows: Entity Cash Value Entity In-Kind Value City of Pueblo $5,000.00 GOCO $50,000.00 US Forest Service City of Pueblo $6,000.00 $3,000.00 US Forest Service Pueblo Zoo $6,000.00 $3,000.00 Mountain Park Pueblo Zoo $2,000.00 $3,000.00 Environmental Center Mountain Park $3,000.00 Nature & Raptor Center $3,000.00 Environmental Center Boys and Girls Club $2,000.00 Nature & Raptor Center $3,000.00 Pueblo City-County Health Boys and Girls Club $3,000.00 Department $4,000.00 Public Service $4,000.00 Announcements Cash Total $74,000.00 In-Kind Total$26,000.00 Letters of commitment are attached. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: The GOCO Inspire Coalition was established over several months of meetings designed to review the application documents and formulate a strategy for a successful submission. The group also began the process of structuring a plan to solve the problem, engaging youth in the outdoors. The group completed the application, developed a scope of work and budget to prepare for the acquisition of a professional consulting firm to carry out the work. The coalition members will be actively involved with the consultants throughout the term of the Grant Agreement. ALTERNATIVES: The Project will not go forward if it is not funded. RECOMMENDATION: Approval of the Ordinance. Attachments: Letters of Financial Commitment from Project Partners DocuSign Envelope ID:60CAE31E-9637-4195-A4C4-OFODBB2A4165 GRANT AGREEMENT Project Name: GOCO Inspire Planning Grant Contract Number: 16505 Completion Date: July 26,2017 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund Address: 303 East 17th Avenue,Suite 1060 Denver,CO 80203 Grantee: City of Pueblo CONTEXT OF AGREEMENT: A. The State Board of the Great Outdoors Colorado Trust Fund (referred to herein as "GOCO"or 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, which article 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 to plan for local government parks and outdoor recreation 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"). The Project is briefly described in the Project Summary attached hereto as Exhibit A. The parties acknowledge that they have on file a complete copy of the Project Application, which is incorporated herein by reference. D. The Board approved Grantee's Project Application on October 23, 2015, subject to the execution of a detailed grant agreement, and subject to the terms and conditions set forth herein. The parties intend this agreement to be the detailed final grant agreement required by the Board (the"Agreement"). AGREEMENT NOW, THEREFORE, in consideration of the parties' mutual covenants contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: DocuSign Envelope ID:60CAE31 E-8637-4195-A4C4-OFODBB2A4165 documentation and calculations described in GOCO's Advance Payment Request Form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making an Advance Payment. An Advance Payment shall not exceed GOCO's percentage of expected overall costs(as determined by the GOCO-approved budget) applied to the value of documented eligible expenses or 50%of the Grant, whichever is less. An Advance Payment shall be considered a loan until the Project is complete and Final Payment(as defined below)has been made. If Grantee opts to receive an Advance Payment, it may not receive a Progress Payment(as defined below). b. Progress Payment: If Grantee has opted to forego an Advance Payment and has opted to receive a portion of the Grant funds after starting but prior to completing work on the Project(a "Progress Payment"), Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date ("Progress Report"). The Progress Report must be submitted using GOCO's Progress Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making a Progress Payment. A Progress Payment shall not exceed 75%of the funds expended to date for the Project or 50%of the Grant, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment(as defined below)has been made. If Grantee received an Advance Payment, it may not receive a Progress Payment. c. Final Payment: Once the Project is complete, Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project(the"Final Report"). The Project is "complete"when all the tasks and final products contemplated in the Project Application have been completed. The Final Report must be submitted using GOCO's Final Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO's review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant(the "Final Payment"),subject to any reductions contemplated by any provision of this Agreement. 9. Conditions for Disbursement of Funds. Except as provided in Paragraph 10 below,the Grant is subject to the following requirements and conditions. a. The Grant and all matching funds shall be used only for eligible expenses approved by GOCO. b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by Grantee and supported by written documentation(receipts, bills, etc.). c. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this Agreement, no material modifications may be made to the Project. Material modifications to the Project to which GOCO has not agreed may result in a reduction in the Grant. "Material modifications" may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the scope of the anticipated planning process(for example, elimination of an element of a master plan), or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. DocuSign Envelope ID:60CAE31E-8637-4195-A4C4-0F0DB82A4165 1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into the terms and conditions of this Agreement. 2. Representations and Warranties of Grantee. a. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of,this Agreement. b. Grantee's governing body has authorized entering into this Agreement as evidenced by the resolution attached hereto as Exhibit B. 3. Grant and Project. Subject to the terms and conditions set forth in this Agreement,the Board hereby awards to Grantee a sum not to exceed $50,000.00 (the"Grant"). The Grant shall be used by Grantee solely to complete the Project, in substantial conformity with the Project Application. 4. Project Scope. Grantee shall not materially modify the Project or the Project budget (attached hereto as Exhibit C,the"Budget")without the prior written approval of the Executive Director of GOCO("Executive Director")or the Executive Director's designee, such approval to be in GOCO's sole discretion. Any material modification to the Project undertaken without GOCO's prior written consent may be deemed a breach of this Agreement by GOCO, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as reflected in the Project Application, Grantee will promptly so advise the Board, and cooperate in good faith to seek a resolution before any further funds are advanced. 5. Grantee Efforts. Grantee shall complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the Project. 6. Completion Date. Grantee shall complete the Project and submit its Final Report no later than July 26, 2017(the"Completion Date"). Grantee may request an extension of the Completion Date in compliance with GOCO's Overdue Grants Policy,which is attached as Exhibit D ("Overdue Grants Policy"). If Grantee determines with reasonable probability that the Project will not or cannot be completed by the Completion Date or any extended completion date, Grantee will promptly so advise the Board, and cooperate in good faith to seek a resolution before any further funds are advanced. 7. Matching Funds. Grantee shall obtain the matching cash and in-kind contributions for the Project as reflected in the Budget and as required by GOCO policy, and shall provide such evidence of the same as GOCO may require in its discretion from time-to-time. 8. Disbursement of Funds. a. Advance Payment: If Grantee opts to receive a portion of the Grant funds prior to beginning work on the Project(an "Advance Payment"), Grantee shall provide GOCO with the DocuSign Envelope ID:6OCAE31 E-B637-4195-A4C4-OFODBB2A4165 documentation and calculations described in GOCO's Advance Payment Request Form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making an Advance Payment.An Advance Payment shall not exceed GOCO's percentage of expected overall costs(as determined by the GOCO-approved budget) applied to the value of documented eligible expenses or 50%of the Grant, whichever is less. An Advance Payment shall be considered a loan until the Project is complete and Final Payment(as defined below)has been made. If Grantee opts to receive an Advance Payment, it may not receive a Progress Payment(as defined below). b. Progress Payment: If Grantee has opted to forego an Advance Payment and has opted to receive a portion of the Grant funds after starting but prior to completing work on the Project(a "Progress Payment"), Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date("Progress Report"). The Progress Report must be submitted using GOCO's Progress Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making a Progress Payment. A Progress Payment shall not exceed 75%of the funds expended to date for the Project or 50%of the Grant, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment(as defined below)has been made. If Grantee received an Advance Payment, it may not receive a Progress Payment. c. Final Payment: Once the Project is complete, Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project(the"Final Report"). The Project is"complete" when all the tasks and final products contemplated in the Project Application have been completed. The Final Report must be submitted using GOCO's Final Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO's review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant(the "Final Payment"), subject to any reductions contemplated by any provision of this Agreement. 9. Conditions for Disbursement of Funds. Except as provided in Paragraph 10 below,the Grant is subject to the following requirements and conditions. a. The Grant and all matching funds shall be used only for eligible expenses approved by GOCO. b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by Grantee and supported by written documentation(receipts, bills, etc.). c. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this Agreement, no material modifications may be made to the Project. Material modifications to the Project to which GOCO has not agreed may result in a reduction in the Grant. "Material modifications"may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the scope of the anticipated planning process(for example,elimination of an element of a master plan), or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. 1 DocuSign Envelope ID:60CAE31 E-B637-4195-A4C4-OFODBB2A4165 10. Waiver. The Executive Director or the Executive Director's designee may in such person's discretion, waive or agree to modify one or more of the obligations in sections 8, 9, and 16 of the Agreement, or may permit performance of one or more of such obligations subsequent to disbursement. 11. Payment of Grant Subject to Sufficient Net Lottery Proceeds. Payment of the Grant is subject to GOCO's determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds,GOCO may consider all facts and circumstances as it deems necessary or desirable in its discretion, including, but not limited to, adequate reserves, funding requirements and/or commitments for other past, current and future grants,and past,current and future GOCO operating expenses and budgetary needs. 12. 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. 13. 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. 14. Publicity and Project Information. 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. If Grantee uses the Grant to create, maintain, or update its website or uses its website to disseminate information about the Project, Grantee shall acknowledge Board funding on its website. e. If Grantee uses the Grant to create, publish,or update any written material or uses such written material to disseminate information about the Project, Grantee shall acknowledge Board funding in the written material. DocuSign Envelope ID:60CAE31 E-B637-4195-A4C4-0F0DBB2A4165 f. If any events are planned in relationship to or as part of the Project,Grantee shall acknowledge the Board as a contributor to the event and shall notify the Board at least thirty(30) days prior to the event. 15. Liability. a. Grantee shall be responsible for,and to the extent permitted by law(including any constitutional or statutory limitations on the ability of a governmental entity to provide indemnification), indemnify,defend and hold harmless the Board, its officers, agents and employees from any and all liabilities, claims,demands,damages or costs (including reasonable legal fees)resulting from,growing out of, or in any way connected with or incident to Grantee's performance of this Agreement. 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 members, officers, agents or employees,for any liability resulting from,growing out of, or in any way connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner of the Project and the Property upon which it is located, or has control of the Project and the Property, and that GOCO neither possesses nor controls the Project,the Property, nor the operations of the Project. b. Anything else in this Agreement to the contrary notwithstanding, no term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protection provided to the Board under the Colorado Governmental Immunity Act("CGIA") as amended or as may be amended in the future(including, without limitation, any amendments to such statute, or under any similar statute which is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. The Board and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the Board, its members, officials, agents and employees may be controlled and/or limited by the provisions of the CGIA. 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 the Board, its members, officers, agents and employees. 16. 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. 17. Withdrawal of Board Funding. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Board may withdraw, in whole or in part, the Grant and/or terminate this Agreement, and/or seek a refund of payments already made if the Board determines in its discretion that: DocuSign Envelope ID:60CAE31 E-B637-4195-A4C4-OFODBB2A4165 a. facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Grant as contemplated infeasible or impractical; b. any material modifications in the scope or nature of the Project have occurred from that which was presented in the Project Application and such material modifications have not received the prior written approval of GOCO; c. any statement or representation made by Grantee in the Project Application,this Agreement, the Advance Payment documentation,the Progress Report, the Final Report, or otherwise is untrue, inaccurate or incomplete in any material respect; d. the results of GOCO's review of the Advance Payment documentation, the Progress Report, or the Final Report are not acceptable to GOCO; e. the Project will not or cannot be completed by the Completion Date or any extensions granted thereto or delays in the implementation of the Project have occurred which, in the Board's judgment, make the Project impracticable; f. the Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or Grantee's matching funding are reduced; g. sufficient net lottery proceeds are not available to fund the Grant. 18. Breach. a. In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement,the Board may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following: i. Prior to payment of Grant: A. Withdraw the Grant and terminate this Agreement; and, B. Deny Grantee eligibility for participation in future Board grants, loans or projects. ii. After payment(partial or full)of Grant: A. Deny Grantee eligibility for participation in future Board grants, loans or projects; B. Seek specific performance of Grantee's obligations under this Agreement; C. Receive reimbursement in full of disbursement made under the Grant. b. The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in DocuSign Envelope ID:60CAE31E-B637-4195-A4C4-OFODBB2A4165 equity. In the event GOCO must pursue any remedy hereunder and is the substantially prevailing party,GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. 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 material to the other party. 20. Assignment. Grantee may not assign its rights under this Agreement without the consent of the Board, which consent shall be in the discretion of the Board. Any assignment shall require,at a minimum,that the assignee is eligible to receive grants from the Board and assumes Grantee's ongoing obligations under this Agreement 21. Applicable Law. This Agreement shall be governed by the laws of the State of Colorado and venue for any dispute hereunder shall lie exclusively in the State Courts of the City and County of Denver. 22. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee or other relationship between the parties hereto other than independent contracting parties. Except as permitted under the remedies provisions hereunder, neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party, 23. Severability. If any provision of this Agreement, or the application thereof, is found to be invalid, the remainder of the provisions of this 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. Time is of the Essence. Time is of the essence in this Agreement. 25. Survival. The terms and provisions of this Agreement and the parties' covenants hereunder shall survive the funding of the Grant and the completion of the Project. 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 or e-mail as if they were original signatures. 27. Third Party 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. 29. Waiver. The failure of either party to enforce a term hereof shall not be deemed a waiver of such term or right of enforcement as to that breach or any subsequent breach of the same, similar or 1 DocuSIgn Envelope ID:80CAE31E-8837-4195-A4C4-OF008B244185 different nature. No waiver shall be enforceable hereunder unless signed by the party against whom the waiver is sought to be enforced. 30. 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 to this Agreement shall be valid unless made as an amendment to this contract, approved by the Board, and signed by the parties. IN WITNESS WHEREOF,the parties by signature below of their authorized representatives execute this Agreement effective as of . STATE BOARD OF THE GREAT GRANTEE: OUTDOORS COLORADO TRUST FUND City of Pueblo By: B y• 40, 5-'"1 Lise Aangeenbrug Title: PRESIDENT OF CITY COUNCIL Executive Director GOCO Program Staff: *NOTE* Signee should be same individual Route Grant Agreement to authorized to sign grant agreement in Executive Director for signature: attached resolution (EXHIBIT B) Attested By: Cit Clerk DocuSign Envelope ID.60CAE31 E-B637-4195-A4C4-OFODBB2A4165 EXHIBIT A Project Summary Rank: 19 Overall Score: 12.15 GOCO Staff Score: 12.1 Reviewer Average: 12.2 Applicant: City of Pueblo Project Title: GOCO Inspire Planning Grant County: Pueblo Log#: 16505 Funding Summary: Applicant Funding $50,000 Partner(s) Funding GOCO Grant Amount $50,000 Total Project Cost $100,000 Project Description: The Inspire Initiative grant presents a unique opportunity to combine the resources of several Pueblo area nonprofits with similar missions, integrated with children and parents from three older neighborhoods with significant concentrations of poverty to focus on enhancing the quality of life through various outdoor play and education interactions with nature. These entities are known as;the Pueblo Zoo, the Nature and Raptor Center of Pueblo and the Mountain Park Environmental Center, each of which are established organizations with decades of experience in providing outdoor and natural programs and experiences within the Pueblo region. Completing this partnership are other organizations with existing hands-on programs operating within the three focus neighborhoods.These organizations have united as a Coalition and will play an integral role working with the West Side, East Side and Bessemer neighborhoods to develop backyard HUBs within safe walking distances of the neighborhood residents. Together this coalition of organizations,children and parents, and other partners will establish a plan and ultimately implement our vision to become a Pilot Community for the Inspire Initiative. During our visioning process our Coalition has identified a backyard to HUB and into nature progression (see"Envisioned Launch Site Hub Model"on Page 16). The progression contains elements of"safe routes to play" within walkable distances, as well as transportation and envisioned programmatic play and education opportunities both at HUBs and at facilities with specialized outdoor play and interactions,on a continuum, throughout the program, culminating in the Pathways journey from leadership to college and beyond. The City of Pueblo will be the fiscal agent for this planning grant proposal and intends to contract with the three partnering organizations for the management of specific assets. A Planning Alliance has been developed to ensure effective and timely response to GOCO and distribute information to all Coalition Members. Each of these Planning Alliance Members is required to contribute both cash and significant in- kind contributions. This Planning Grant will refine the vision of our Coalition and bring to reality a cohesive program inspired by community vision and developed through combined resources of children and parents from the three DocuSign Envelope ID:60CAE31E-B637-4195-A4C4-OFODBB2A4165 neighborhoods,and our newly formed Coalition. Diverse programming that includes both educational and recreational opportunities will span an age continuum (pre-K thru 6th grade)of developmentally appropriate and reinforced regularly curriculum.This programming will promote components that transfer seamlessly into the home to foster family outdoor living and the next generation of INSPIRED Colorado Outdoor Enthusiasts! Staff and Peer Reviewer Comments: Staff Comments: This proposal contains some innovative and exciting ideas for implementation—particularly the Hop on the Hub (mobile Hub), the Virtual Hub and the singular virtual and media based program that will tie all outdoor experiences together with an incentives program. It's concerning that the coalition has predefined programmatic activities and infrastructure improvements at the zoo, raptor center and mountain park. It would be less concerning if the coalition had communicated that this approach was based on community feedback received through their Plug In To Nature (PIN) report, but they didn't indicate that and the Plug In To Nature report is yet to be completed. There is no discussion about the coalition's approach to community engagement. How were the three identified neighborhoods engaged in the city's PIN process? What worked? What didn't?How will they refine their engagement strategy for this effort? What was learned from the community as part of PIN and what more do they need to find out? The coalition presented a lot of information about the entire City of Pueblo with limited information on the characteristics of the three neighborhoods the coalition intends to serve. A focus on underserved youth was not developed as a driving force of the application. Reviewer Comments: The application fails to explain the rational of neighborhood choices or adequately explain the characteristics of those communities. The City has yet to complete their Plug In To Nature study or connect findings from those efforts with the current effort. The communicated vision does not demonstrate a collective impact approach. Recommendation and Feedback Staff recommends a level 2 planning grant to provide the coalition more time to: • Finish their Plug In To Nature Report • Mobilize the identified communities and identify community driven and comprehensive strategies to addressing the disconnect between youth and the outdoors in the identified communities • Diversify their coalition to include recreation program providers • Consider places and programs in addition to those provided through the zoo, raptor center and mountain park DocuSign Envelope ID:60CAE31E-8637-4195-A4C4-0F0DBB2A4165 Policy: Overdue ; � �$' x CO GREAT OUTDOORS Grants ti COLORADO POLICIES& GREAT OUTDOORS COLORADO PROCEDURES MANUAL Approval Date: June 11,2013 I) PURPOSE Great Outdoors Colorado (GOCO)understands that there are unforeseen circumstances that may interfere with a grantee's ability to complete a project by the project completion date set forth in the Grant Agreement. The Overdue Grants Policy outlines the options available to grantees to extend a grant deadline and the procedures associated with submitting grant extension requests. II) POLICY STATEMENT A grantee has two options to extend the project completion date in the Grant Agreement: a staff extension or a Board extension. Staff can grant an extension for at least 90 days and up to the date of the next scheduled GOCO Board meeting beyond that 90 days. If the grantee needs more time than that, the grantee must request a Board extension. GOCO expects the grantee to request the appropriate amount of time needed to complete the project. A grantee can request a second Board extension if needed, although this is not a favorable action. Failure to complete a project by the original due date, or by any extended due dates authorized by staff or Board, may result in the de-authorization of the grant by the Board and a suspension from applying in future grant cycles. Ill) PROCEDURES A) Staff Extensions • The grantee must submit a request for a staff extension prior to the original project completion date via email or postal mail to GOCO staff. • Requests must include the following: a)grantee name b)project title c)contract number from the grant agreement d)original project completion date e)percent of project completion to date or due diligence items completed to date for land acquisitions f) reason for delay g)estimated date of project completion or closing g) estimated date of final report submission to GOCO, if applicable. • A grantee may only request one staff extension. • If the grantee needs an extension for longer than the time provided by a staff extension,the grantee can forgo the staff extension and request a Board extension. DocuSign Envelope ID:60CAE31E-B637-4195-A4C4-0F0DBB2A4165 o Staff will notify the grantee via email of the decision to grant or deny the request for a staff extension. B) Board Extensions o The grantee must submit a request for a Board extension prior to the original or staff extended project completion date via email or postal mail. Requests must be addressed to the GOCO Board. ® Requests must include the following: a)grantee name b)project title c)contract number from the grant agreement d)original project completion date and if applicable, staff extended project completion date e)percent of project completion to date or due diligence items completed to date for land acquisitions f)reason for delay g)estimated date of project completion or closing g)estimated date of final report submission to GOCO, if applicable. • The Board will consider the request for Board extension at its next scheduled meeting. Staff will notify the grantee via email of the Board's decision to grant or deny the request for a Board extension. o A grantee can request a second Board extension if additional time is needed beyond that provided by the first Board extension. Requests for a second Board extension will follow all of the procedures listed above.