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HomeMy WebLinkAboutresolution.council.072-97 RESOLUTION NO.~ Series of 1997 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, SUPPORTING THE AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, the City of Aspen has received a grant from Great Outdoors Colorado to fund the Maroon Creek Pedestrian Bridge at Rotary Park, subject to the execution of a grant agreement; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One: That the City Council of the City of Aspen hereby authorizes the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen with Great Outdoors Colorado. Section Two: " That the City Council of the City of Aspen hereby authorizes the expenditures of funds as necessary to meet the terms and obligations of the grant agreement and application. Section Three: This resolution to be in full force and effect from and after its passage and approval. INTRODUCED, ~^Y~~ ~~P~ED by the City Council of the City of Aspen on the ~day of ~' 1997. {}t- I?~- 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 on the da~ .,J & . Kathry S. Koch, City Clerk Great Outdoors Colorado Trails Grant Agreement 1997 GREAT OUTDOORS COLORADO GRANT AGREEMENT PROJECT: Name: Maroon Creek Pedestrian Brid2e at Rotarv Park Project Completion Date: December 31, 1998 Contract No.: 7683 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund 303 East I"" Avenue, Suite 900 Denver, CO 80203 Telephone (303) 863-7522 Grantee: Address: City of Aspen Parks Department 130 S. Galena Street Telephone: Contact name: Contact title: 970-920-5120 George Robinson Date: July 14, 1997 CONTEXT OF AGREEMENT: A. The Board is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November, 1992 General Election. The Constitution appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational resources. 97 Trails Contract {7683} 7/14197 Great Outdoors Colorado Trails Grant Agreement B. In 1994, the Board created a statewide grant program, pursuant to which eligible entities could apply for grants from the State Trails Program, 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 named above (the "Project"), a copy of which is incorporated by reference and attached as Appendix A. D. The Board approved Grantee's Project Application on April 9, 1997, subject to the execution of a detailed Grant Agreement, subject to the conditions set forth herein. E. Grantee anticipates that the Project described in the Project Application will be substantially completed no later than December 31, 1998. 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 accor4ance with this agreement and a work program to be approved by the Executive Director of the Board ("Executive Director) pursuant to this agreement. AGREEMENT The parties agree as follows: 1. Grant and Proiect. The Board hereby grants to Grantee the sum not to exceed, $60,000, 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 scooe. The Project, Maroon Creek Pedestrian Bridge at Rotary Park, as described in the Project Application, will not be materially modified by the Grantee without the written approval of the Executive Director. 3. Information to be orovided uoon execution of this Agreement. NO FUNDS WILL BE DISBURSED BY THE BOARD UNLESS AND UNTIL THE GRANTEE FURNISHES THE BOARD WITH THE INFORMATION REQUIRED BY THIS AGREEMENT. Promptly upon execution of this Agreement, Grantee will submit the following information to the Board's staff: 97 Trails Contract {7683} 7/14/97 2 Great Outdoors Colorado Trails Grant Agreement a. A resolution adopted by the governing body of the Grantee authorizing the execution of this agreement and approving its terms and conditions (which will be attached to the Agreement as Appendix C); b. A detailed Work Plan and Budget for this Project. Grantee hereby agrees to promptly submit all material revisions to their Work Plan 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 judgment, substantially different in quality or kind from that approved by the Board, or (ii),there have been delays in the implementation of the Project which, in the Board's reasonable judgment, make the Project impracticable; c. Written evidence that all permits and approvals necessary to the completion of the Project under applicable local, state and federal laws and regulations have been obtained; and e. Plans for the erection of signs and placards for the Project, as provided in Section lIed) below. 4. Disbursement of Funds. Prior to the payment by the Board at the completion of the Project, a. The Grantee must provide the Board: (1) Written assurance the Project has been substantially completed according to the work plan and budget, along with Project Expenditure Documentation detailed in Appendix B (the "Project Expenditure Documentation"), and reports as noted above to support this claim; and (2) Written assurance that no material modifications or delays have been made or experienced (or the Board has been advised of the modifications or delays and has elected to continue to participate in the funding of the Project); and (3) Written assurance that matching funding has been received as outlined in the Project Expenditure Documentation (or the status of efforts to secure matching funding has been disclosed to Board staff and it has been found to be satisfactory); and (4) Written assurance that the representations made to the Board in the Project Application continue to be true (or, if there have been any material changes, the Board has been advised of such changes and has assented to them). 97 Trails Contract {7683} 7/14/97 3 Great Outdoors Colorado Trails Grant Agreement b. The Board will release funding subject to the following conditions: (1) Funding may only be used for fixed assets, including land acquisition, construction of new facilities, and enlargement or renovation of existing facilities. Funding may not be used to pay for maintenance costs, administrative costs (such as salaries associated with administering the grant, office supplies, telephone, or travel expenses), non-fixed assets (such as athletic equipment), or any other costs deemed to be ineligible by the Board. (2) 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. (3) Full payment of the contract amount will be made upon substantial completion of the Project, and submission and approval of the Project Expenditure Documentation and the information required in paragraphs 3 (Information to be provided upon execution of this Agreement) and 4 (Disbursement of Funds). - (4) Grantee shall submit a written request for reimbursement as outlined in the Project Expenditure Documentation within 180 days of substantial Project completion. Projects are considered substantially complete when all anticipated land has been acquired facilities or trails built. Failure to submit the request for reimbursement within the specified time period may result in reduction or loss of grant dollars even if their are undisbursed amounts remaining in the grant. 5. Waiver. The Executive Director may waive one or more of the obligations in paragraphs 3 and 4 of the Agreement, or may require performance of one or more of these obligations subsequent to disbursement. 6. Environmental Review. Grantee shall, upon the request of the Colorado Natural Heritage Program, provide additional information, including but not limited to maps of the proposed Project. A copy of the Project Application has been provided to the Colorado Natural Heritage Program to help the Board identify any potential conflicts between trail projects and sensitive species and habitats. If potential conflicts are identified, the Board requests the Grantee to demonstrate how the trail Project could be modified to avoid or minimize any adverse impacts to sensitive species or habitats. 7. Proiect operation and maintenance. a. Grantee or its successors will operate and maintain the Project facilities in a reasonable state of repair for the purposes specified in the Project Application for at least twenty-five-years, in accordance with generally accepted standards in the parks/recreation/wildlife community. The parties understand and agree that the Board shall not 97 Trails Contract {7683} 4 7/14/97 Great Outdoors Colorado Trails Grant Agreement 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. 8. Comoliance with rellUlatorv reauirements 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. The Grantee will indemnify the Board from any liability for any failure to comply with any such applicable requirements. 9. Public access. Grantee agrees, for itself and its successors in interest, to allow reasonable access to the members of the public to the Project. 10. Nondiscrimination. During'the performance of this agreement, the Grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 11. Publicity and 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; and d. Grantee shall erect signs visible from the nearest trailhead acknowledging the Board's participation in the Project. In addition, Grantee shall erect placards acknowledging assistance by the Board and the Colorado Lottery, if applicable, unless Grantee incorporates this acknowledgment into other signage in a manner approved by the Board's Executive Director. The Board will provide reproducible samples of its logo and other identifying indicia to Grantee for this purpose. Plans describing the number, design, placement and wording of the 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 97 Trails Contract {7683} 5 7/14197 Great Outdoors Colorado Trails Grant Agreement 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. f. Grantee shall give timely notice of the Project, its inauguration and significance 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 other appropriate public officials. 12. Audits and Accounting. Grantee shall maintain 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 written 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 Governmental Accounting Practices" published by the American Institute of Certified Public Accountants. 13. Withdrawal of Board funding. The Board may withdraw its approval of funding to the Grantee and cease funding of the Project if, in its sole discretion, it determines conditions have occurred which fundamentally change the expectations of the parties or which make the grant infeasible or impractical. . 14. Grantee's inability to comDlete Proiect. If the Grantee determines with reasonable 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 before any further funds are advanced. 15. Insoection. Throughout the term of this Agreement, the Board shall have the right to inspect the Project area to ascertain compliance with this Agreement. 16. Governmental Immunity. The following provision applies to the Board. This provision may also apply to the Grantee if the Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101 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 $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as it is from time to time amended, or otherwise available to the Grantee, its successor, employees, officers or agents. 97 Trails Contract {7683} 7/14197 6 Great Outdoors Colorado Trails Grant Agreement 17. 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. 18. Assi2nment. Grantee may not assign its rights under this Agreement without the consent of the Board. 19. Good faith. There is an obligation of good faith on the part of both parties, including the obligation to make timely communication of information which may reasonably be believed to be of interest to the other party. 20. Aoolicable Law. Colorado law applies to the interpretation and enforcement of this Agreement. 21. Independent Contractor. Grantee is an independent contractor acting in its separate capacity and not as an officer, employee or agent of the Board. 22. Subiect to Annual AD'propriation. 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. 23. 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 remain in full force and effect. 97 Trails Contract {7683} 7/14/97 7 Great Outdoors Colorado Trails Grant Agreement 24. Entire Agreement. Except as expressly provided herein, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made as an amendment to this contract, approved by the Board, and signed by the parties in this Agreement. 25. Third Party Beneficiaries. The Board and Grantee hereby acknowledge and agree that this Agreement is intended to only cover the relative rights and obligations between the Board and Grantee and that no third party beneficiaries are intended. Dated: STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND By Rick Hum For Executive Director GRANTEE: CITY 0 SPEN By Name: Title: 97 Trails Contract {7683} 7/14/97 8 ,- 97 Trails Contract {7683} 7/14197 Great Outdoors Colorado Trails Grant Agreement APPENDIX A PROJECT APPLICATION FOR Maroon Creek Pedestrian BridlZe at Rotary Park 9 APPENDIX B PROJECT EXPENDITURE DOCUMENTATION THE ITEMS LISTED BELOW ARE NECESSARY DOCUMENTATION FOR THE PERFORMANCE OF A CLOSEOUT (DESK) AUDIT ON A COMPLETED GOCO PROJECT. TO BE ELIGIBLE FOR REIMBURSEMENT THE FOLLOWING DOCUMENTATION MUST BE SUBMITTED WITHIN 180 DAYS OF SUBSTANTIAL PROJECT COMPLETION. D One fully itemized expenditure report to which the following certification must be added and signed: "This billing reflects only those items which conform to the description of our project. " The expenditure report should also reflect the matching and in-kind resources detailed in the project application and budget. ~ D Copies of invoices for all expenditures listed on the expenditure report. Invoices must indicate those items which apply to the project. , D For in-kind volunteer labor include: contractors estimates on the value oflabor or det~led ,.--- documentation of volunteer hours spent on each phase of the Project. D For in-kind professional services include: a signed verification of value by contracto~ or billing statement setting forth the amount of services or materials contributed to the Project. D Evidence of payment of contract amounts. Copies of all canceled checks for the above invoices or purchase orders and detailed accounting of method and date of payment. D Documentation to support all account costs to include copies of time cards/sheets, payroll sheets, and canceled checks. Time cards/sheets must be clearly annotated to indicate hours, rates, and costs charged to project. This information may be summarized in spreadsheet format. D Documentation to support sponsor-owned equipment costs to include use vouchers and cost summary sheets. Use vouchers and cost summary sheets must be clearly annotate.d to indicate hours or mileage usage, rates, and costs related to the project. Colorado State Highway Department or locally developed rates (whichever is lower) may be used. 97 Expenditure Documentation Rev.l.doc