HomeMy WebLinkAboutresolution.council.062-96
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RESOLUTION NO. &2-
(Series of 1996)
A RESOLUTION APPROVING A GRANT AWARD CONTRACT BETWEEN THE CITY OF
ASPEN AND GREAT OUTDOORS COLORADO FOR THE DEVELOPMENT OF MULTI-
PURPOSE ATHLETIC FIELDS ON THE MOORE PROPERTY ADJACENT TO THE
HIGH SCHOOL
WHEREAS, the City of Aspen is interested in purchasing from
the James E. Moore Limited Partnership a portion of the meadow
area designated as ball fields and running track in the Moore
Family PUD application currently pending before the Pitkin County
Board of County Commissioners consisting of approximately 16
acres; and
WHEREAS, there has been submitted to Great Outdoors Colorado
a grant application for development of a baseball field and two
soccer fields on the Moore Property in conjunction with the Moore
Family PUD application; and
WHEREAS, the City of Aspen was awarded a grant in March 01
1996 for $56,250.00 from Great Outdoors Colorado for said grant
application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves
the grant agreement between the City of Aspen and Great Outdoors
Colorado, a copy of which is annexed hereto and incorporated
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herein, and does hereby authorize the City Manager of the City of
Aspen to execute said agreement on behalf of the City of Aspen;
provided, however, that the City is able to consummate the
purchase of the property.
RESOLVED, APPROVED AND ADOPTED this c2Y day of
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, 1996, by the City Council for the City of
Aspen, Colorado.
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John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held ~ ~
, 1996.
~xi~
Kathryn . Koch, City Clerk
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GRANT AGREEMENT
PROJECT:
Name:
Completion Date:
Contract No:
Moore Athletic Fields
9/30/97
6275
PARTIES TO AGREEMENT:
Board:
Address:
The State Board of the Great Outdoors Colorado Trust Fund
303 East 17'h Avenue, Suite 900
Denver, CO 80203
303-863-7522
Telephone:
Grantee:
Address:
City of Aspen
130 S. Galena Street
Aspen, CO 81611
970-920-5120
George Robinson
Parks Director, City of Aspen
March 11, 1996
Telephone:
Contact name:
Contact title:
Date:
CONTEXT OF AGREEMENT:
A. The Board is a political subdivision of the State of Colorado, created ,by
Article XXVII of the Colorado Constitution, adopted at the November, 1992 General Electipn.
The Constitution appropriates a portion of the net proceeds of the Colorado Lottery to the Board
and directs the Board to invest those proceeds in the State's parks, wildlife, open space and
recreational resources.
B. In 1994, the Board created a statewide grant program, pursuant to which
eligible entities could apply for grants for Local Government Parks and Outdoor Recreation to
which Grantee responded with a detailed application (the "Project Application").
C. Grantee submitted a Project Application to the Board which contemplates
the execution of the project entitled and described above (the "Project"), a copy of which is
incorporated by reference and attached as Appendix A.
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areat Outdoors Colorado Park &
D. The Board approved Grantee's Project Application on February 21, I
subject to the execution of a detailed Grant Agreement the conditions of which are set
herein.
E. Grantee anticipates that the Project described in the Project Application
will be substantially completed on 9/30/97.
F. Grantee has undertaken responsibility for obtaining the match (funds and
in-kind contributions) described in the project application.
G. The parties intend this document to be the detailed Grant Agreement
required by the Board. The Grantee shall carry out the project in accordance with this agreement
and a work program to be approved by the Executive Director of the Board pursuant to this
agreement.
AGREEMENT
The parties agree as follows:
I. Grant and Proiect. The Board hereby grants to Grantee the sum not to exceed,
$56,250, subject to the terms of this Agreement. These funds shall be used by Grantee solely to
complete the project described in Grantee's Project Application as approved by the Board.
Grantee hereby agrees to use its best efforts to complete the project.
2. Proiect scope. The Project, Moore Athletic Fields, as described in the Project
Application, will not be materially modified by the Grantee without the written approval of the
Executive Director of the Board, In multi-phase projects this Agreement only pertains to the
identified phase of the project, and not the project as a whole,
3. Information to be provided upon execution of this Agreement. NO FUNDS
WTLL BE DISBURSED BY THE BOARD UNLESS AND UNTIL THE GRANTEE
FURNISHES THE BOARD WITH THE INFORMATION REQUIRED BY THIS
AGREEMENT. Prior to execution of this Agreement, Grantee will submit the following
information to the Board's staff:
a. A resolution adopted by the governing body of the Grantee authorizing the
execution of this agreement and approving its terms and conditions (which will be attached to the
agreement as Appendix B);
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b. A detailed Work Plan and Budget for this Project. Grantee hereby agrees to
promptly submit all material revisions to their Workplan and Budget. As provided further
below, the Board reserves the right at any stage of the Project to withhold funding if (i)
modifications to the Project are so substantial as to make it, in the Board's reasonable
substantially different in quality or kind from that approved by the Board, or (ii) there have
delays in the implementation of the Project which, in the Board's reasonable judgment, the
Project impracticable;
c. Written evidence that all permits and approvals necessary to the completion the
project under applicable local, state and federal laws and regulations have been obtained; and
d. Plans for the erection of signs and placards for the Project, as provided in Section
10(d) below.
4. Disbursement of Funds. Prior to the payment by the Board at the completion of
the Project, the Grantee must provide written assurance to the Board that:
a. The Project has been substantially completed according to the work plan qnd
budget, along with Project Expenditure documentation and reports as noted above to support'this
claim;
b. No material modifications or delays have been made or experienced (Qr
the Board has been advised of the modifications or delays and has elected to continue to
participate in the funding of the Project);
c. Matching funding has been received (or the status of efforts to secure
matching funding has been disclosed to Board staff and it has been found to be satisfactory); :and
e. The representations made to the Board in the grant application continue to
be true (or, ifthere have been any material changes, the Board has been advised of such changes
and has assented to them).
f. Funding may only be used for fixed assets, including land acquisition,
construction of new facilities, and enlargement or renovation of existing facilities. Funding mav
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 (sucq as
athletic equipment), or any other costs deemed to be ineligible by the Board.
g. Disbursement shall be made on the basis of costs incurred. A reduction in
total project cost or grantee's matching funding may cause a proportional reduction in the grant
award.
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h. Full payment of the contract amount will be made upon substantial
completion of the Project. A listing of Project Expenditure documentation required prior final
payment is attached as Appendix C. The information required by this paragraph 3 and an
executed contract, along with periodic progress reports and the submission and approval
- final written report are also required.
5. Waiver. The Executive Director may waive one or more of the obligations in
paragraphs 3 and 4 of the Agreement, or may require performance of one or more of these
obligations subsequent to disbursement.
6.
Proiect operation and maintenance. Grantee agrees:
a. Grantee or its successor will operate and maintain the Project facilities in a
reasonable state of repair for the purposes specified in the Project Application for at least 25
years, in accordance with generally accepted standards in the parkslrecreation/wildlife
community. The parties understand and agree that the Board shall not be liable for any cost of
such maintenance, management or operation.
b. Grantee will, upon request, provide the Board with the operating and
maintenance costs of the Project, and give the Board appropriate information concerning the use
of the Project by the public and the irnpact of the Project.
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7. Compliance with regulatory requirements and federal and state mandates. The
Grantee hereby assumes responsibility for compliance with all regulatory requirements in all
applicable areas, including but not limited to nondiscrimination, worker safety, local labor
preferences, preferred vendor programs, equal employment opportunity, use of competitive
bidding, and other similar requirements. To the extent permitted by law, the Grantee will
indemnify the Board from any liability for any failure to comply with any such applicable
requirements,
8. Public access, Grantee agrees, for itself and its successors in interest, to allow
reasonable access to the members of the public to the Project.
9. Nondiscrimination. During the performance of this agreement, the Grantee and
its contractors shall not unlawfully discriminate against any employee or applicant for
employment because ofrace, 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 s,lch
discrimination.
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GreiilO~tiiBgi~Yf:jbtdFdddPark & Recrea!i()J110rant.'
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10.
Publicitvand Proiect Information. Grantee agrees:
a. Grantee shall acknowledge Board funding in all publicity issued by it
concerning the Project;
b. Grantee shall cooperate with the Board in preparing public information
pieces;
c. Grantee shall give the Board the right and opportunity to use information
gained from the Project;
d. Grantee shall erect signs visible from the nearest public roadway directing
the public to the Project. Such signs shall acknowledge the assistance of Great Outdoors
Colorado (by incorporating the GOCO logo), and the Colorado Lottery if applicable, In addition,
the grantee is encouraged to erect additional signs and placards that acknowledge the Board. · The
Board will provide reproducible samples of its logo to the Grantee for this purpose. Plans
describing the number, design, placement, and wording of signs and placards shall be submitted
to the Board for review and written approval prior to completion of the Project. Final payment
may be withheld by the Board pending placement of the signs and placards in the manner
approved by the Board;
e. Grantee shall give the Board 30-day notice of and opportunity to
participate in Project dedications; and
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 locatep, as
well as to other appropriate public officials.
11, Audits and Accounting, Grantee shall maintain standard financial accounts,
documents, and records relating to the use, management, and operation of the Project. The
accounts, documents, and records related to the Project shall be retained by the Grantee for fiye
(5) years following the date of disbursement of funds under this Agreement. The Board, or its
designated agent, shall have the right, upon reasonable notice to the Grantee, to audit the books
and records of Grantee which pertain to the Project and to the use and disposition of Board funds.
The Grantee may use any accounting system which follows the guidelines of "Generally
Accepted Accounting Practices" published by the American Institute of Certified Public
Accountants,
12. Withdrawal of Board funding. The Board may withdraw its approval of funding
to the Grantee and cease funding of the Project if, in its sole discretion, it determines conditions
have occurred which fundamentally change the expectations of the parties or which make the
grant infeasible or impractical.
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G;:e~t O~tdo6rs Colo~ado Park & Recreation! Grant'
13. Grantee's inability to comolete Proiect. If the Grantee determines with reaso~able
probability that the Project will not or cannot be completed as reflected in the Project
Application the Grantee will promptly so advise the Board, and cooperate in good faith with
respect to alternative solutions to the problem bef.ore any further funds are advanced.
14. Inspection. Throughout the term ofthis Agreement, the Board shall have the 'right
to inspect the Project area to ascertain compliance with this Agreement.
15. Governmental Immunitv. The following provision applies to the Board. This
provision may apply to the grantee if the grantee qualifies for protection under the Colorado
Governmental Immunity Act, C.R.S. 924-10-101 et seq. The Parties by entering into the instant
agreement, do not waive or intend to waive by any provision of this agreement, the monetary
limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 924-
10-101 et seq., as it is from time to time amended, or otherwise available to the Grantee, its
successor, employees, officers or agents.
16. Liabilitv. To the extent permitted by law, the Grantee shall be responsible for,
indemnify and hold harmless the Board, its officers, agents and employees from any and all
liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way
connected with or incident to this Agreement, except for the gross negligence of willful and
wanton conduct of the Board its officers, agents, or employees. Grantee hereby waives any and
all rights to any type of express or implied indemnity or right of contribution from the State of
Colorado, the Board, its officers, agents or employees, for any liability resulting from, growing
out of, or in any way connected with or incident to this Agreement.
17. Assignment. Grantee may not assign its rights under this Agreement without \he
consent of the Board,
] 8. Good faith There is an obligation of good faith on the part of both parties,
including the obligation to make timely communication of information which may reasonably be
believed to be of interest to the other party.
19. Applicable Law. Colorado law applies to the interpretation and enforcement of
this Agreement.
20. Independent Contractor. Grantee is an independent contractor acting in its
separate capacity and not as an officer, employee or agent of the Board.
21. Subiect to Annual Aopropriation. Any provision of this agreement or its
attachments which impose upon Grantee, directly or indirectly, any financial obligation
whatsoever to be performed or which may be performed in any fiscal year subsequent to the year
of execution of this agreement is expressly made contingent upon and subject to funds for such
financial obligation be appropriated, budgeted and otherwise made available.
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22. Severability. If any provision of the Grant Agreement, or the application there of
is found to be invalid, the remainder of the provisions of this Grant Agreement, or the
application of such provision other than those as to which it is found to be invalid, shall rem~in
in full force and effect.
23. Entire Agreement. Except as expressly provided herein, this Agreement
constitutes the entire agreement of the parties. No oral understanding or agreement not
incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement
shall be valid unless made as an amendment to this contract, approved by the Board, and signed
by the parties in this Agreement.
Dated:
STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
By
For Executive Director
GRANTEE:
City of Aspen
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II
GREAT OUTDOORS
COLORADO
October 9, 1996
George Robinson
Parks Director
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Re: GOCO Contract #6275
Dear Mr. Robinson:
Thank you for returning a signed contract to Great Outdoors
Colorado for the Moore Athletic Fields. Before we can sign
the contract we need a resolution authorizing the City of
Aspen to enter into the contract and an updated budget
reflecting a GOCO grant award of $56,250.
Please return this information to the address listed below
referencing the the contract number. Once we receive this
information we will execute the contract and return one
signed copy for your records.
If you have any questions please do not hesitate to call.
Ed
2023/6275
STATE BOARD OF Tl-lf GRFAT OllTI)()OI~S CULnKAI)() TRUST FUND
30:3 E r\ 5 T 1 71 I-I 1\ v I
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GREAT OUTDOORS
Co lO RA D 0
March 9,1996
George Robinson
Parks Director, City of Aspen
City of Aspen
13 0 S. Galena Street
Aspen, CO 81611
RE: GOCO Contract 6275
Dear Mr. Robinson:
Congratulations on receiving a grant award from Great Outdoors Colorado (GOCO). Enclosed
are two copies of the grant agreement for the Moore Athletic Fields. Read the grant agreement
carefully as it will be the definitive agreement between Great Outdoors Colorado and the grantee.
Completed agreements must be signed by the sponsoring entity and contain all the information
set forth in paragraph three.
Two requirements of paragraph three are an updated project budget and workplan. Review the
project budget and update it to reflect any changes based on a GOCO funding level of up to
$56,250. The updated budget should allocate costs between GOCO and the grantee. In most
cases, the updated budget should contain more detailed information than the budget subrnitted
with the application. For example, the budget should account for major project expenditures by
breaking-out costs on a line item basis (see attached example). Finally, review the workplan and
incorporate any modifications to the timeline.
Return two signed copies to GOCO within 60 days (Friday, May 3) or notifY us in writing if you
anticipate any delays. We will return a signed copy of the grant agreement for your records.
I look forward to working with you. Do not hesitate to call with any questions.
Sincerely,
[/~
Ed Brown
Cover LtLdoc (6275)
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