HomeMy WebLinkAbout09269ORDINANCE NO. 9269
AN ORDINANCE ESTABLISHING THE GREAT OUTDOORS
COLORADO CORWIN COMMUNITY PARK AND PLAY
YARD INITIATIVE PROJECT NO. PL 1802, BUDGETING
AND APPROPRIATING UPON RECEIPT $110,000 FOR
THE SAID PROJECT, APPROVING A GRANT AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE BOARD OF THE GREAT
OUTDOORS COLORADO TRUST FUND, APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION AND
PUEBLO SCHOOL DISTRICT NO. 60 WITH RESPECT TO
SAID PROJECT AND GRANT AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the Great Outdoors Colorado Trust Fund has offered funds through
the School Yard Initiative to complete the Corwin Park and Play Yard Project; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract between the City of Pueblo, a Municipal Corporation, and the Great
Outdoors Colorado Trust Fund (hereinafter referred to as the “Contract”), a copy of which
is attached, having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Intergovernmental Agreement between the City of Pueblo, a Municipal
Corporation, and Pueblo School District No. 60, (hereinafter referred to as the “IGA”), a
copy of which is attached, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 3.
The President of the City Council is authorized to execute and deliver the Contract
and the IGA in the name of the City and the Acting City Clerk is directed to affix the seal
of the City thereto and attest same.
SECTION 4.
Project No. PL 1802 for the Great Outdoors Colorado Corwin Community Park and
Play Yard Initiative is hereby established. All funds received from the Great Outdoors
Colorado Trust Fund and, if applicable grant partners, pursuant to the terms and
conditions of the Contract are hereby budgeted and appropriated for the Project.
SECTION 5.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with the intent of the Ordinance and Agreement to implement the
policies and procedures described therein.
SECTION 6.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: April 23, 2018_________
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: May 14, 2018_
City Clerk’s Office Item # R-1
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
April 23, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT:AN ORDINANCE ESTABLISHING THE GREAT OUTDOORS COLORADO
CORWIN COMMUNITY PARK AND PLAY YARD INITIATIVE PROJECT
NO. PL 1802, BUDGETING AND APPROPRIATING UPON RECEIPT
$110,000 FOR THE SAID PROJECT, APPROVING A GRANT
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS
COLORADO TRUST FUND, APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND PUEBLO SCHOOL DISTRICT NO. 60 WITH
RESPECT TO SAID PROJECT AND GRANT AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
SUMMARY:
The City of Pueblo was awarded the Great Outdoors Colorado (GOCO) School Yard
Initiative Grant for the Corwin Park and Play Yard Project on March 15, 2018. This
Ordinance establishes the GOCO Corwin Community Park and Play Yard Initiative
Project, budgets and appropriates funds by approving a grant from the GOCO Trust Fund
in the amount of $110,000 and approves an Intergovernmental Agreement between the
City of Pueblo, a Municipal Corporation, and Pueblo School District No. 60, wherein, to
the extent possible, the District assumes all other City liabilities, and binds itself to the
City for and will undertake, assume and perform all of the City’s obligations contained in
the Grant Agreement.
PREVIOUS COUNCIL ACTION:
Resolution 13863 authorized The City of Pueblo to submit a grant application for the 2017
School Yard Initiative for the Corwin Park and Play Yard Project to the State Board of
Great Outdoors Colorado.
BACKGROUND:
GOCO requires schools to partner with an eligible local government to sponsor the
School Yard Initiative Grants and serve as the fiscal agent if the grant is awarded. The
City of Pueblo collaborated with Pueblo City Schools, District No. 60, Corwin
International Magnet School, in applying for a $110,000 grant through the GOCO Trust
Fund. Corwin International Magnet School will use the grant funds to expand the
existing playground, providing the 616 students of Corwin more room and amenities for
outdoor play before school and during lunch. The current playground consists of a
44,000 square-foot, asphalt base, play area with basketball hoops, tether ball poles,
and foursquare. The play area lacks shade and a variety of activities for the different
age groups that must share the area. The grant will fund spinning and swinging
elements, open-ended play activities, net and balance elements, and outdoor
classroom furnishings.
FINANCIAL IMPLICATIONS:
Matching funds in the amount of $249,166 are required throughout the various phases of
the Project for receipt of the grant money. It should be understood that the matching
funds have not been received by the City but are to be raised and administered pursuant
to the term and the timeline approved in the grant application. The IGA was entered into
with the District 60 in part to relieve the City to the extent possible from any liability with
respect to any claim under the Grant Agreement including claims for the matching funds.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Corwin International Magnet School actively worked with parents and students of the
school, surrounding community members and local agencies in the Corwin Park and Play
Yard Initiative planning and fund-raising process.
ALTERNATIVES:
The Project will not go forward if it is not funded.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Grant Agreement Contract and Intergovernmental Agreement with
District 60.
GRANT AGREEMENT
PROJECT:
Project Title: Corwin Community Park and Play Yard Initiative
Contract Number: 18443
Completion Date: March 15,2020
PARTIES TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado Trust Fund
1900 Grant St, Suite 725
Denver, CO 80203
Grantee: City of Pueblo
RECITALS
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 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.
D. The Board approved Grantee's Project Application on March 15, 2018, subject to
the execution of a grant agreement, the terms and conditions of which are 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:
1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into
the terms 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 included in the Project Application.
c. Grantee warrants that it entered into a license agreement with Pueblo School District No.
60 ("Disrict") who has good and sufficient title to the property or properties on which the Project
is to be located (the "Property") and who has contractually agreed to undertake, assume and
perform all the Grantee's obligations contained in the Grant Agreement District has further
granted City limited license in, and right of entry to, the Property for the purposes stated in the
Grant Agreement and in the event the District has failed to comply with the requirements of the
Grant Agreement. GOCO may require Grantee to provide evidence of District's ownership of the
Property and encumbrances against the Property satisfactory to GOCO in GOCO's discretion
prior to funding.
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 $110,000.00 (the "Grant"). The Grant
shall be used by Grantee solely to complete the Project, in substantial conformity with the final
plans, specifications, designs and uses approved by the Board.
4. Project Scope. Grantee shall not materially modify the Project or the Project budget
(included in the Project Application)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.
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6. Completion Date. Grantee shall complete the Project and submit its Final Report no
later than March 15, 2020 (the "Completion Date")which is 24 months after the Board's
approval of the Project. Grantee may request an extension of the Completion Date in
compliance with GOCO's Overdue Grants procedure, as may be amended from time to time by
GOCO in its sole discretion. GOCO may elect to terminate this Agreement and deauthorize the
Grant in the event the Completion Date is not met and/or Grantee fails to comply with the
Overdue Grants procedure.
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, or the status of efforts to
secure matching funding was disclosed and has been deemed satisfactory by Staff; and shall
provide such evidence of the same as GOCO may require in its reasonable discretion.
8. Disbursement of Funds.
a. Progress Payment: Grantee may opt 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 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. A Progress Payment shall be considered a loan until the Project is complete and Final
Payment(as defined below) has been made.
b. Final Payment: Grantee shall submit a final report to GOCO detailing the
accomplishments of and expenditures related to the Project and its completion (the"Final
Report"). The Project is "complete" when all facilities, trails or other improvements included in
the Project have been built and are ready for their intended use. 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 the cost of fixed assets, including
construction of new facilities, and enlargement or renovation of existing facilities. The Grant
and all matching funds 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 or maintenance equipment), or any other costs
deemed to be ineligible by the Board, at the Board's sole discretion.
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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.). GOCO may, in its
discretion, depending on the nature of the Project, require documentation of mechanics lien
waivers or waivers of claims to public project performance bonds as a precondition to any
disbursement under this Agreement.
c. Except as otherwise agreed to in writing 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 size or number of recreational development
components to be constructed, changes to the nature of the recreational development components
to be constructed, 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.
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. Project Operation and Maintenance.
a. Subject to annual appropriations, Grantee shall operate, manage, and maintain the Project
in a reasonable state of repair for the purposes specified and for the useful life of the Project in
the Project Application, in accordance with product warranties and/or the generally accepted
standards in the parks/recreation community, and provide and maintain access to the Project and
to the Property, regardless of the Property's ownership. The Grantee has estimated a useful life
of years in the project application.
b. Failure to comply with the provisions of Paragraph 12. a. may be deemed a breach by
Grantee under Paragraph 21, below.
c. GOCO shall not be liable for any cost of maintenance, management or operation of the
Project.
d. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with
adequate records reflecting the operating and maintenance costs of the Project and provide the
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Board with such other information concerning the use of the Project by the public and the impact
of the Project.
e. The Grantee's administrative staff shall request to the Grantee during the Grantee's
annual budget process a request for an appropriation sufficient to meet the financial obligations
of the Grantee presented by this Agreement. The Grantee will use its best efforts to fully
consider such appropriation and the Parties understand that Board is relying upon fair and full
consideration of annual appropriation in its decision to extend its resources and the grant
hereunder, and enter into this Agreement. In the event that the Grantee fails to appropriate
sufficient funds to meet the obligations of this Agreement, the Grantee shall provide notice to the
Board of the specific reason(s) for any decision not to appropriate funding. Grantee's
administrative staff shall notify the Board of any recommendation not to fund or to partially fund
the annual appropriation necessary to fulfill Grantee's obligations hereunder.
13. Public Access. Grantee agrees, for itself and its successors in interest, to allow
reasonable public access to the Project for the term specified in Section 12. Grantee may
temporarily close such public access for construction, maintenance, emergency situations, or
other reasonable purposes.
14. Compliance with Regulatory Requirements and Federal and State Mandates.
Grantee hereby assumes responsibility for compliance with applicable regulatory requirements,
including but not limited to nondiscrimination, worker safety, local labor preferences, preferred
vendor programs, equal employment opportunity, use of competitive bidding, permits,
approvals, and other similar requirements. To the extent permitted by law, Grantee will
indemnify and hold the Board harmless from any liability for any failure to comply with any
such applicable requirements.
15. Nondiscrimination. During the performance of this Agreement, Grantee and its
contractors, subcontractors and agents 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, or any other basis prohibited by local,
state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of
their employees and applicants for employment are free of such discrimination. Further, during
the performance of this Agreement, Grantee and anyone acting on behalf of Grantee shall not
engage in any unlawful discrimination in permitting access and use of the Project.
16. Publicity and Project Information.
a. Grantee shall erect and maintain a sign at a prominent location on the Project site
acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO
will provide such signs at no cost to Grantee. Alternatively, GOCO will provide a reproducible
version of its logo to Grantee for custom signs.
i. GOCO shall approve in advance the design of any permanent sign materially
varying from the signs provided by GOCO if any. To obtain such approval, Grantee shall submit
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to GOCO plans describing the number, design, placement, and wording of signs and placards.
Plans shall be submitted to the Board for review and approval prior to completion of the Project.
ii. The Board may withhold Final Payment pending evidence of placement of
permanent signage.
b. Grantee shall acknowledge Board funding in all publicity issued by it concerning the
Project.
c. Grantee shall cooperate with the Board or the Board's designee in advance in preparing
public information pieces related to the Project.
d. Grantee shall give the Board the right and opportunity to use information gained from the
Project.
e. Grantee shall give the Board a minimum 30 days' notice of Project grand openings,
dedications, or other events.
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
public officials of the Grantee.
g. Grantee shall provide quality digital photographs of the completed Project with the Final
Report. All materials, publications, artwork, videos, photographs, websites, and any other work
product developed as a result of GOCO's funding will be the sole and exclusive property of the
Grantee. However, GOCO reserves the right to use and duplicate such materials and work
product in any print or electronic publication or platform for publicity, illustration, advertising,
web content, and other purposes at any time without the need to seek pre-approval from the
Grantee.
h. At no time shall Grantee represent in any manner to the public or to any party that it is
affiliated with GOCO or acting on behalf of GOCO.
17. 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
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Property pursuant to the terms of the above referenced license agreement with District, 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.
18. 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 Grantee for not less
than 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 Grantee, to audit
the books and records of Grantee which pertain to the Project and to the use and disposition of
the Grant. While Grantee is not required to use GAAP (Generally Accepted Accounting
Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the
required records hereunder.
19. Inspection. Throughout the term of this Agreement, GOCO shall have the right to
inspect the Project to ascertain compliance with this Agreement.
20. Withdrawal of Board Funding; Termination of Agreement. 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:
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 Progress Report, the Final Report, or otherwise is untrue, inaccurate or
incomplete in any material respect;
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d. the results of GOCO's review of 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. title to or encumbrances against the Property are or become such that Grantee is unable to
complete the Project, or the Project and/or the Property are or become unavailable for public use.
21. 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,
including in the event that Grantee does not fulfill its obligation under Section 12.a. of the
Agreement due to lack of annual appropriations.
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
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.
22. 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.
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23. 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 that, at a minimum, the assignee is eligible to receive grants from the Board and
assumes Grantee's ongoing obligations under this Agreement.
24. 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.
25. 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.
26. 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.
27. Time is of the Essence. Time is of the essence in this Agreement.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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 different nature. No waiver shall be enforceable hereunder unless signed by the
party against whom the waiver is sought to be enforced.
33. 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
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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 C•LO' • DO TRUST FUND City of Pueblo
By: tint.A By:
C rtstopher A. Nicoll
President of City Council
Chris Castilian
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
WIT/
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EXHIBIT A
Project Summary
Rank: 4 Overall Score: 86.75 GOCO Staff Score: 86.5 Reviewer Average: 87
Applicant: City of Pueblo
Project Title: Corwin Community Park and Play Yard Initiative
County: Pueblo
Log#: 18443
Funding Summary: Applicant Funding
Partner(s) Funding $249,166
GOCO Grant Amount $110,000
Total Project Cost $359,166
Project Description:
The City of Pueblo and Corwin International Magnet School are requesting GOCO funds to add nature
based play features to their school. Project components include net and balance elements, group
swinging and spinning elements, seating and a balance circuit.
Staff and Peer Reviewer Comments:
Corwin is a magnet school that serves grades 4-8. However, they occupy a previous middle school
leaving students without compelling outdoor options.
This project is the result of an extensive student and community engagement process, including a
student advisory group who presented their project to city council and parents and students going door-
to-door to residents who could not attend their community meetings.
The project components proposed are compelling and unique and directly tie to the feedback from the
students and community members.
This project presents an opportunity to leverage funds from the Colorado Heath Foundation to expand
the scope of the project.
EXHIBIT B
INTERGOVERNMENTAL (or other) AGREEMENT
(If applicable)
AGREEMENT
This Agreement is made this / kl+I` day of /'K i 1 , 201$by and between
Pueblo, a municipal corporation ("City) and Pueblo School District No. 60;
WITNESSETH:
RECITALS
A. City has made application to the State Board of the Great Outdoors Colorado Trust
("GOCO") as sponsor of the District for funding to construct, install and complete the project for
playground improvements at Corwin International Magnet School ("Project")
B. The District is an ineligible recipient of the grant and the parties intend by this
Agreement for the City to be the conduit through which the District will receive the benefit of the
grant;
C. The Grant Agreement is attached to this Agreement as Exhibit"A";
D. The District intends to bind itself to the City for all of the City's obligations stated in
the Grant Agreement;
E. The District intends to convey to the City a limited interest in the real property described
in Exhibit"B"which limited property interest shall be for the purposes of satisfying the terms and
conditions of the Grant Agreement;
NOW, THEREFORE, in consideration of the mutual promises stated below and other
valuable consideration, the parties agree:
1. The City shall use its best efforts to fulfill all the conditions precedent to obtain the grant
stated in the Grant Agreement. The District will cooperate with the City and provide all documents
necessary for the City to fulfill the conditions precedent. To the extent permitted and as limited
by Colorado law and subject to the approval and receipt of the grant for the City to fund the Project,
the District further assumes all other City liabilities, and binds itself to the City for and will
undertake, assume and perform all the City's obligations contained in the Grant Agreement
("Grantee Obligations").
2. The City does not assume any obligation to the District to construct,operate,or maintain
the improvements contemplated by the grant.
3. Unless a claim by GOCO arises out of the negligence or other wrongful act of the City
and notwithstanding any provision of this Agreement to the contrary, the District shall be
responsible to the City for any claim under the Grant Agreement, in the same manner and extent
as the City may be responsible to GOCO. The District shall be liable to City for all costs and
expenses incurred by City to perform any Grantee Obligations for which District fails to perform
in a timely manner. In addition, it is expressly agreed that if GOCO grant funds are not paid to
City pursuant to the Grant Agreement based upon any failure of District to perform any Grantee
Obligation, District shall reimburse City in full for all amounts advanced or paid by City pursuant
to the Grant Agreement which are not reimbursed to City by GOCO.
4. The District shall construct, operate, and maintain the improvements contemplated by
the Grant Agreement, in accordance with established District policy for playground maintenance.
The City shall not be liable for any claim for personal injuries, property damage or wrongful death
asserted as a result of the construction, operation, maintenance, or use of the improvements
contemplated by the Grant Agreement.
5. To the extent not prohibited by law, the District will indemnify, defend, and hold
harmless the City, 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 or the Grant Agreement including but not limited to the operation and maintenance of
Project, or the use thereof by any person, except for the gross negligence or willful and wanton
conduct ofthe City, its officers,agents,or employees.The District hereby waives any and all rights
to any type of express or implied indemnity or right of contribution from the City, its officers,
agents, or employees, for any liability resulting from, growing out of, or in any way connected
with or incident to this agreement or the Grant Agreement.
6. By executing this Agreement the parties do not waive any immunity or limitation of
liability provided under Colorado law, including but not limited to those contained in the Colorado
Governmental Immunity Act. This Agreement does not create a multi-year fiscal obligation; and
does not create any other financial obligation not supported by a current appropriation.
7. This Agreement does not create any rights in any individual not a party to this
agreement.
8. This document, and exhibits, shall constitute the entire agreement of the parties.
9. The District hereby grants to the City a limited license in, and right of entry to, the
property described in Exhibit "B" for the purposes stated in the Grant Agreement, Exhibit "A",
and for no other purpose. Such license and right of entry may be exercised only in the event the
District has failed to comply with the requirements of the Grant Agreement and, if exercised, shall
include all rights reasonably necessary, as determined by the City, for the City to enter upon the
property and perform its obligations to GOCO under the Grant Agreement at District's expense.
This right includes the ability of the City to use its employees, agents or outside contractors. This
license and right of entry further includes the right to enter upon the property with any equipment
or vehicles.
10. This Agreement, including the limited right of entry and license, shall terminate
simultaneously with the termination of all Grantee Obligations under the Grant Agreement;
provided, however, the provisions of this Agreement pertaining to indemnification and liability
shall survive termination and continue in effect for a period of five years following the termination
and for such further time as it may take to completely and finally negotiate, settle, or litigate any
claim or suit concerning the same.
11. 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.
12. The relationship between the parties is purely contractual. Each party is acting as an
independent contractor in its separate capacity, and not as an officer, employee or agent of the
other party.
13. Colorado law applies to the interpretation and enforcement of this agreement.
ATTEST: P _S CHOOL D : ' I NO 60'
BOR D d F EDUCA. '
iez,„; Sithi .I.
Geri Patrone 11111.7
Barbara Clementi
Secretary, Board of Education President, Board of Education
ATTEST:
PUEBLO P NICIP• L CORPORATION,
.4pncL
Brenda Armijo Christopher A. Nicoll
Acting City Clerk President of City Council
Approved as to form:
Richard Bump
Caplan and Earnest LLC
Attorneys for Pueblo School District No. 60.
4849-0567-0232, v. 1