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HomeMy WebLinkAbout07002ORDINANCE NO. 7002 AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF NATURAL RESOURCES, DIVISION OF PARKS AND OUTDOOR RECREATION RELATING TO THE FRONT RANGE TRAIL SIGN PROJECT - PUEBLO, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has received a $15,000 grant from the Colorado Department of Natural Resources, Division of Parks and Outdoor Recreation "State Trails Program" for the Front Range Trail Sign Project - Pueblo, subject to the execution of a grant agreement; and BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An Agreement between the City of Pueblo, a Municipal Corporation, and the Colorado Department of Natural Resources, Division of Parks and Outdoor Recreation for the Front Range Trail Sign Project - Pueblo, 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 City Council is hereby authorized to execute and deliver said contract in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. Funding for the project will be $15,000 from the State Trails Program and $10,000 from the City of Pueblo (Project Number AL0202), with a total construction cost estimated to be at $25,000. INTRODUCED June 9, 2003 BY Randy Thurston Councilperson APPROVED: President of City Council ATTEST: City rk 1 PASSED AND APPROVED June 23 2003 L.� ENCUMBRANCE c169 ROUT OfPJA- NOO GRANT AGREEMENT (Part B) (P#W-f A- aAk,s The agreement is made J U l V 3, a 0 y3 between the Department of Natural Resources, Division of Parks and Outdoor Recreation, 1313 Sherman Street, #615, Denver, CO 80203 and the Sponsor (page 1). Authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available, from FUND q24 APPR FT ORG Afy, AGENCY ffA , OBJ 5i io , GBL 83 FL , the sufficient unencumbered balance thereo available for payment of a total of $ 16,00D, co (approved amount of grant), as Contract Encumbrance No. ; and The required approval, clearance and coordination has been accomplished from and with appropriate agencies The agreement is entered into pursuant to the provisions of 33 -10 -107 (1) (d); 33 -11 -102, 33 -11 -107, and 33 -11 -108 (1) (a), C.R.S. Grant Award Award is hereby made to the Sponsor in the amount of ! 15, 000 • 00 (approved grant amount) for performance of the scope of work (Terms and Conditions 1.) and performance period (Terms and Conditions 2.), in accordance with the contract documents: A) Applicant/Project Information, B) Grant Agreement, C)Environmental Information and Land Manager /Owner Approval [federal or non - federal], D) Project Selection Criteria, E) Maps, F) Project Budget and G) Evidence of Support. Terms and Conditions 1. Scoi)e of Work The sponsor will undertake the scope of work described in Part A of the application/agreement as accepted by State Parks. Where the project sponsor does not receive 100% of requested funding for their project, they will submit a revised scope of work to their Colorado Parks and Outdoor Recreation contact for approval, projecting how government funds will be expended and how the revised scope of work will be consistent with the original purpose of the project and state requirements as outlined in 33 -11 -101 et. Seq. C.R.S. In such cases, work on the project will not commence without the approval of the Director, Colorado Parks and Outdoor Recreation Division, Department of Natural Resources. 2. Performance Period The period of performance will be from approval date shown in the controller's signature block until Dec. 31, , unless otherwise amended and agreed upon by both parties. The Sponsor shall expend monies and complete Project items for all of these approved expenditures. 3 Schedule of Payments a. The State share of this project is not to exceed the approved grant amount listed in Grant Award above, a maximum of $ 15,000 •00 b. Payment will be made upon submission of invoice and approval by Colorado State Parks, for work completed or other items provided for in the Grant Agreement, as approved by Colorado State Parks. Payments will be made annually or bi- annually. c. The State reserves the right to inspect all projects prior to, during or at the conclusion of the project and/or periodically thereafter. A representative of the Sponsor may be required to attend the inspection. Page 1B of 7 4. Recreational Use Any lands used for this Project will not be converted to any non - recreational use without prior written approval of the State. All improvements resulting from the Project shall be maintained in a safe manner, and the Sponsor will periodically inspect the Project site to ensure that requirement is satisfied. 5. Termination a. The Project, in whole or in part, may be terminated by the State at any time before the date of completion for any of the following reasons: (a) the Sponsor has failed to comply with the terms of this Agreement; (b) the Sponsor has insufficient funds to complete the Project; (c) the Sponsor fails to begin work on this Project within one year of the effective date of this Agreement. In the event the Project is terminated, the Sponsor shall nevertheless bring the Project to a point of usefulness as determined by the State. b. Remedies: (a) if this Agreement is for safety, education, or user information, and is terminated, the State shall have all remedies available to it at law, and in equity; (b) if this Agreement involves facility development, e.g., trail head parking, fencing, roadwork, trail construction or maintenance, and is terminated, the State, at its option and in addition to any other remedy available at law and in equity, shall have the right of removal of any improvements made on the project site with State funds, which may be removed without injury to the premises. 6. State's Limitation: The State's participation in the Project is limited to providing funds. The Sponsor is solely responsible for the development and implementation of the Project. 7. Financial Remonsibility: a. The Sponsor shall maintain a complete record file of all receipts, expenditures and other written records which pertain to the use of the funds in the performance of this Agreement. Such record files shall be made available upon request at such reasonable times and places as agreeable to the parties of this Agreement b. No later than thirty (30) working days after the date of completion of the Project or termination of the Agreement, the Sponsor shall submit to the State a complete record of all receipts and expenditures and other written records related to the Project. Any unused portion of the advanced Project monies will be returned to the State at that time. Following the completion of the Project construction or termination of the Project, the State shall inspect the Project facilities and audit all expenditures made by the Sponsor related to the Project as set forth above in "Scope of Agreement." If the State finds any expenditures were not made in accordance with this Agreement, the State may request, and the Sponsor shall immediately refund monies used for those expenditures. 8. Assignment: The rights and responsibilities of the parties under this contract shall not be assignable without the prior written approval of the State. 9. Use of Federal Funds: If federal funds are used in this project, then the Agreement is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. 10. Public Benefit: All benefits derived from this Agreement shall be made available for the use and enjoyment of the general public. Page 2B of 7 11. Successors and Assignments: a. All terms of the Agreement shall be binding on and inure to the benefit of the personal representatives, successors, or assigns of the parties. b. This Agreement is not assignable without written consent of both parties. 12. Integration of Understandings This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement executed and approved pursuant to the State Fiscal Rules. 13. Severabilitv To the extent that this Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 14. Modification This agreement is subject to such modifications as may be required by changes in Federal law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of these agreement on the effective dates of such change as if fully set forth herein. Except as provided above, no modification of this agreement shall be effective unless agreed to in writing by both parties in an amendment to this agreement that is properly executed and approved in accordance with applicable law. 15. Order of Precedence The Grant Agreement Documents shall consist of A) Applicant/Project Information, B) Grant Agreement, C) Environmental Information and Land Manager /Owner Approval [federal or non - federal], D) Project Selection Criteria, E) Maps, F) Project Budget and G) Evidence of Support. Any inconsistency or conflict in this agreement shall be resolved by giving precedence in the following order: a. Special Provisions of Agreement (B) b. Amendments or changes to the Grant /Agreement c. Grant Agreement(B) d. Applicant Information (A) e. Environmental Information and Land Manager /Owner Approval [federal or non - federal] (C ), f. Project Selection Criteria (D), g. Maps (E), h. Project Budget (F), i. Evidence of Support, (G) Page 3B of 7 SPECIAL PROVISIONS (Inter- Governmental Grant Agreements) 1. CONTROLLER'S APPROVAL. CRS 24-30 -202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30 -202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEbINIFICATION. Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10 -101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON- DISCRBUNATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. Page 413 of 7 At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18 -201 & CRS 24-50 -507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. SPECIAL PROVISIONS (Non- Profit Grant Agreements) 1. CONTROLLER'S APPROVAL. CRS 24-30 -202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30 -202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2, Rule P 10 -1 -11 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHIN DUE ALL REQURtED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON - DISCRIMINATION. Governors Executive Order August 1987 The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. Page 513 of 7 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. VENDOR OFFSET. CRS 24- 30-202 (1) &CRS 24-30 -202.4 Pursuant to CRS 24-30 -202.4 (as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 8. EMPLOYEE FINANCAL INTEREST. CRS 24- 18-201 & CRS 24-50 -507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Notice to Sponsor: Your submission of this application constitutes an offer, acceptance of which shall result in a binding agreement effective upon acceptance of your application and award of the grant. The terms of the Agreement include the Special Provisions, and any amendments of changes to the grant application/agreement. The Sponsor hereby submits this application and acknowledge that acceptance of this application and award to the Sponsor constitutes a binding agreement. The determination of an award amount is not a material part of this offer and determination of a specific amount, or upward or downward adjustment of a tentative amount referenced in this application, or otherwise made known to the Sponsor, shall not be considered a counter offer requiring the Sponsor's acceptance. The Sponsor swears under penalty of perjury that the foregoing certifications, representations, and statements are true, accurate and complete to the best of the Sponsor's knowledge and belief. Page 6B of 7 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT 1916raY AM" FIa7til City Of Pu eblo Legal Name of Contracting Entity 84- 6000615 S Socialocial Se Signature of Authorized Officer Dr. Bill Sova President of City Council Print Name & Title of Authorized Officer STATE OF COLORADO: BILL OWENS, GOVERNOR By - To -- ^- 5 f ,eXZ Executive Director Department of Natural Resources PRE - APPROVED FORM CONTRACT REVIEWER B y CORPORATIONS: (A corporate seal or attestation is required.) Attest (Seal) By C \ 1-\ (Corporateecretary or Equivalent, or Town/City/County Clerk) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and / or services provided. STATE CONTROLLER: Arthur L. Barnhart '>-1Z o.- Page 713 of 7 Attachment #1 STATE TRAIL. GRANT APPLICATION AND AGREEMENT COLORADO STATE PARKS Grant Type: Rec. Trails; X Small Grants; Trail Planning; OHV Name & Address of Sponsor Responsible for Project City of Pueblo, Phone (719) 543 -6006 FAX (719) 543 -0572 E -mail smeiernaci.pueblo.co.us Sponsor Federal Taxpayer ID Number (TINJ 6000615 Contact Person and Title Steven Meier, Senior Planner — Parks, Trails & Open Space Address of Contact Person if different from above same as above Contact person's Telephone (719 5 43 -15006 FAX (719) 5430572 Project location: County PUEBLO State Senate Dist. # 3 State Rep. Dist. 9 45 If 46 Amount Requested (round off figure to nearest $100): $ 25 000 Total project cost $ 15000 Grant request Trail Corridor — land is controlled by: X Fee Simple Lease X Other (explain): Easement from the Pueblo Conservancy District to the City of Pueblo Evidence of ownership or easements for trail corridor: Enclosed X Will forward if requested _ Not yet available (explain): Page 1A Brief description of the project location (please use only the space provided below): The Front Range Trail Project — Pueblo will implement the construction and installation of Front Range Trail signs along the Pueblo River Trail System which includes 14 miles of existing trail that is along the Front Range Trail corridor (See attached map). Brief description of the project (please use only the space provided below): The project will provide Front Range Trail signs at several key locations along the Pueblo River including: (32) Brand signs w/o arrows, (16) Brand signs w/ arrows, (5) Type A and (6) Type B Trailhead signs, and (20) Distance signs Trail System. There will be two types of trailhead signs depending upon the location along the trail system. The signs will follow the City of Pueblo Sign Plan. They are described as follows: Type A — 6' high, 4' high x 18" display area w/ stone base and emblem across the top; Type B — 6' high — 4' high x 2'6" wide sign area w/ tubular metal posts and emblem across the top (see attached sign drawings). Summary of major budget items (please use only the space provided below): Trailhead Signs $ 16,000 Brand Signs w/ arrows (16) $ 1,600 Brand Signs w/o arrows (32) $ 1,600 Distance Signs (20) $ 600 Sign Posts & Installation $ 5,200 Total $ 25,000 Accepted by State Parks 7— C-9- ` isSLE Grant Agreement (Part B) The City of Pueblo's Charter does not allow the approval of a grant agreement prior to the City receiving notification of the award of the grant. Within 30 days following the awarding of the grant to the City, the City will sign the grant agreement. Page 2A