HomeMy WebLinkAboutresolution.council.060-98
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RESOLUTION NO. (po
Series of1998
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, 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;
WHEREAS, the City of Aspen was awarded a grant in March of 1996 for
$56,250.00 from Great Outdoors Colorado for said grant application; and
WHEREAS, said contract has expired and the City wishes to renew the contract
with Great Outdoors Colorado for said grant application.
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NOW THEREFORE, BE IT RESOLVED BY THE 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 herein, and does hereby authorize the City Manager of the City of
Aspen to execute said agreement on behalf of the City of Aspen.
INTRODUCED, RE~ND ADOPTED by the City Council of the City of
Aspen on the ~ay of ~ -'-<-. , 1998.
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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 ofthat resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
S. Koch, City Clerk
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GREAT 0 UTDOORS
COLORADO
June 30, 1998
Rebecca Shickling
Assistant Parks Director
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Re: Great Outdoors Colorado Contract #6275
Dear Ms. Schickling:
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Enclosed are two new grant agreements between the City of Aspen and Great Outdoors
Colorado (GOCO) for the Moore Athletic Fields project. Due to the age of this project,
we have issued new contracts for the City of Aspen to sign. In addition, it would be .
helpful if the city submitted a new Resolution as well. The Resolution currently on file is
Resolution No. 62 signed October 28, 1996. It would be helpful if you could return the
two copies of the signed agreement and a new Resolution by July 30.
Disbursement of funds will occur upon project completion, fulfillment of all terms and
conditions of the grant agreement, and a successful desk audit of the project
documentation. Please remember grant awards are based on the information provided in
the application. To ensure compliance with the character of the grant, we require
grantees to notify GOCO of any material changes.to the project.
If you have any questions, do not hesitate to contact me.
Sincerely,
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Kellie O'Keefe
Enclosure
2023/6275
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STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
303 EAST 17m AVE" SUITE 900" DENVER, CO 80203
TELEPHONE 303-863-7522" FACSIMILE 303~63-7517
Great Outdoors Colorado Park & Recreation Grant
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GRANT AGREEMENT
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PROJECT:
Name:
Contract No:
Moore Athletic Fields
6275
PARTIES TO AGREEMENT:
Telephone:
The State Board ofthe Great Outdoors Colorado Trust Fund
303 East 17th Avenue, Suite 900
Denver, CO 80203
303-863-7522
Board:
Address:
Grautee:
Address:
City of Aspen
130 S. Galena Street
Aspen, CO 81611
970-920-5120
Rebecca Shielding
Assistant Park Director, City of Aspen
June 23, 1998
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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 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.
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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D. The Board approved Grantee's Project Application on February 21,1996,
subject to the execution of a detailed Grant Agreement the conditions of which are set forth
herein.
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E. Grantee anticipates that the Project described in the Project Application
will be substantially completed on 9/30/99.
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:
1. Grant and Project. 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. Project 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
WILL BE DISBURSED BY THE BOARD UNLESS AND UNTIL THE GRANTEE
FURNISHES THE BOARD WITH THE INFORMATION REQUIRED BY TillS
AGREEMENT, Prior to execution of this Agreement, Grantee will submit the following
information to the Board's staff:
a. A resolution adopted by the goveming 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 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; .
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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
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 and
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 (or
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
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e. The representations made to the Board in the grant 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).
f. 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.
h. Full payment of the contract amount will be made upon substantial
completion of the Project. A listing of Project Expenditure documentation required prior to final
payment is attached as Appendix B. The information required by this paragraph 3 and an
executed contract, along with periodic progress reports and the submission and approval of a
final written report are also required.
i. 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 maintel1allce 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.
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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.
Project operation and maintenance. Grantee agrees:
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Great Outdoors Colorado Park & Recreation Grant
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 parks/recreation/wildlife
cornmunity. 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 ofthe Project, and give the Board appropriate information concerning the use
of the Project by the public and the impact of the Project.
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 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.
10.
Publicity and Project Information. Grantee agrees:
a. Grantee shall acknowledge Board funding in all publicity issued by it
conceming 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. At a minimum, 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. In addition,
the grantee is encouraged to erect additional signs and placards that acknowledge the Board. The
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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 cornmissioners of the county or counties in which the Project is located, as
well as to other appropriate public officials.
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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 five
(5) years following the date of disbursement of funds under this Agreement. The Board, or its
designated agent, shall have the right, upon reasonable notice to the Grantee, to audit the books
and records of Grantee which pertain to the Project and to the use and disposition of Board funds.
. The Grantee may use any accounting system which follows the guidelines of "Generally
Accepted Accounting Practices" published by the American Institute of Certified Public
Accountants.
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.
13. Grantee's inability to complete Project. 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.
14. Inspection. Throughout the term of this Agreement, the Board shall have the right
to inspect the Project area to ascertain compliance with this Agreement.
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15. Governmental Irnmunity. The following provision applies to the BO'!fd. This
provision may apply to the grantee if the grantee qualifies for protection under the Colorado
Governmental Irnmunity 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 per person and $600,000 per occurrence) or any other
rights, immunities, and protections provided by the Colorado Governmental Irnmunity Act,
C.R.S. Section 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.
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16. Liability. 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 the
consent of the Board.
18. Good faith. There is an obligation of good faith on the part of both parties,
including the obligation to make timely cornmunication 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. Subject to Annual Appropriation. 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.
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 remain
in full force and effect.
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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.
STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
By
Rick Hum, Deputy Director
Dated:
GRANTEE:
City of Aspen
By
Title:
Dated: ~~+ t'tqg
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