HomeMy WebLinkAboutResolution-1999-0017
RESOLUTION NO. ~
SERIES OF 1999
TITLE:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
SIGN THE GRANT AGREEMENT WITH GREAT OUTDOORS
COLORADO (GOCO) TO ACCEPT THE GRANT FOR THE
KULLERSTRAND ELEMENTARY SCHOOL PLAYGROUND
RECONSTRUCTION PROJECT.
WHEREAS, Kullerstrand Elementary School and Prospect Recreation District have been
awarded a GOCO grant for the reconstructIOn of the Kullerstrand Elementary School playground in
the amount of $22,500; and
WHEREAS, The City of Wheat Ridge desires to be the applicant agency for the GOCO Grant
for the reconstruction of the Kullerstrand Elementary School Playground Project; and
WHEREAS, The City of Wheat Ridge City Council have entered into an Intergovernmental
Agreement with Jefferson County R-l School District for the reconstructIOn of the Kullerstrand
Elementary School Playground Project; and
WHEREAS, the acceptance of the grant in the amount of$22,500 is subject to the conditions
of execution of the attached agreement; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WHEAT RIDGE CITY
COUNCIL THAT
Section 1 The City of Wheat Ridge desires to become the applicant for the Kullerstrand
Elementary School Playground ReconstructIOn Project.
Section 2. The Mayor and City Clerk be authorized to sign the grant agreement with Great
Outdoors Colorado for the Kullerstrand Elementary School Playground Reconstruction Project.
Section 3 The City of Wheat Ridge will appropriate the applicant match of$20,000 for the
Kullerstrand Elementary School Playground Reconstruction Project, as provided in the attached
budget.
Section 4 This Resolution to be in full force and effect from and after its passage and
approval.
DONE AND RESOLVED TH
April
, 1999
Attest,
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Wanda Sang, City Clerk
Great Outdoors Colorado Weal Government Grant Agreement
GRANT AGREEMENT
PROJECT:
Name:
Completion Date:
Contract Number:
Playground Equipment
Prior to June 1, 2000
9243
PARTIES TO AGREEMENT:
Telephone:
The State Board of the Great Outdoors Colorado Trust Fund
303 East 17th Avenue, Suite 900
Denver, CO 80203
(303) 863-7522
Board:
Address:
Grantee:
Address:
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80215-6797
(303) 235-2876
Gary Wardel
Director of Parks, Recreation and Libraries
March 7, 1999
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 Constltution appropriates a portion of the net proceeds of the Colorado
Lottery to the Board and directs the Board to invest those proceeds in the Statets 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.
Project 9243
Page 1
Great Outdoors Colorado "'m'cal Government Grant Agreement
D The Board approved Granteets Project Application on December 2,
1998, subJect to the execution of a detailed Grant Agreement the conditions of which are
set forth herein.
E. Grantee anticipates that the Project described in the Project
Application will be substantially completed no later than June 1,2000.
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
(the "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 $22,500, 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
proj ect.
2. Proiect scope. The Project, Playground Equipment, 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 ofthe 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 THIS
AGREEMENT. Prior to execution of this Agreement, Grantee will submit the following
information to the Boardts staff:
a. A resolution adopted by the governing body of the Grantee authoTlzing the
execution of this agreement and approving its terms and conditions (which will be attached
to the Agreement as Appendix C);
Project 9243
Page 2
Great Outdoors Colorado ~al Government Grant Agreement
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 ofthe Project to withhold funding if (i)
modifications to the Project are so substantial as to make it, in the Boardts 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
d. Plans for the erection of Signs and placards for the Project, as provided in
Section 1 D( d) below.
4 Disbursement of Funds. Prior to the payment by the Board at the completion ofthe
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;
(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);
(3) Written assurance that matching funding has been received
as outlined in the Project Expenditure Documentation (Appendix B) (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).
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 facihtJes, and enlargement or renovation of existing
facilities. Funding may not be used to pay for maintenance costs, design 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.
Project 9243
Page 3
Great Outdoors Colorado~cal Government Grant Agreement
(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 ofthe contract amount will be made upon
substantial completion of the Project, and submission and approval ofthe Project
Expenditure Documentation and the mformation required by 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 Project Completion.
Projects are considered completed 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 there are undisbursed
amounts remaimng in the grant.
5. Walver. The Executive Director may Walve 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 ofrepalr for the purposes specified m the Project Application
for at least 25 years, in accordance with generally accepted standards in the
parks/recreation/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 ofthe Project, and give the Board appropriate information concerning
the use of the Project by the public and the impact ofthe 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 mdemnify 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 ofthe 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
Project 9243
Page 4
Great Outdoors Colorad~cal Government Grant Agreement
that the evaluation and treatment of their employees and applicants for employment are
free of such disenmination.
10
Publicity and Project 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
mformation pieees;
c. Grantee shall give the Board the right and opportunity to use
information gamed from the Project;
d. Grantee shall erect a sign at a visible location on the Project site
acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. Such
signs can be obtained through Great Outdoors Colorado, or the Board will provide
reproducible samples of its logo to the Grantee for custom signs. If a custom sign is
desired, plans describing the number, design, placement, and wording of signs and
placards shall be submitted to the Board for review and approval prior to completion of the
Project. Final payment may be withheld by the Board pending placement of slgnage III 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 ofthe 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 other appropriate public officials; and
g. Grantee shall provide quality photographs or slides of the proJect
upon completion if requested by Great Outdoors Colorado.
11. Audits and Accounting. Grantee shall maintain standard financial accounts,
documents, and records relating to the use, management, and operatlOn 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 Praetices" published by the American
Institute of Certified Public Accountants.
12. Withdrawal of Board funding. The Board may withdraw its approval of
fundmg 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.
Project 9243
Page 5
Great Outdoors Colorado ='al Government Grant Agreement
13. Granteets inability to complete Proiect. Ifthe 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.
15 Governmental Immunity. 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. S24-l0-l0l et seq The Parties by entering
mto 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 S24-10-101 et seq., as it IS from time to time
amended, or otherwise available to the Grantee, its successor, employees, officers or
agents.
16. 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 communication of information which may
reasonably be believed to be of mterest 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.
Project 9243
Page 6
Great Outdoors Colorado 17ica/ Government Grant Agreement
21. Subiect 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 appropnated, 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.
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 ~~at Ridge /7
/ J C~'
ByVli[ A-[ {.c :' v< ~
Titl~: rYl 0 if ;'1 , "
PrOject 9243
Page 7
Great Outdoors Colorado r:rJr:al Government Grant Agreement
APPENDIX A
PROJECT APPLICATION
Playground Equipment
Project 9243
Page 8
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