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HomeMy WebLinkAboutResolution-1999-0050 RESOLUTION NO 50 SERIES OF 1999 TITLE. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GOCO (GREAT OUTDOORS COLORADO) TO ACCEPT A GRANT FOR THE WHEAT RIDGE RECREATION CENTER SOCCER FIELD WHEREAS, City Council adopted Resolution No 12, Series of 1999, which was in support of the GOCO grant applicatIOn for $4l\,OOO for the purpose fundrng a soccer field adjacent to the Wheat RIdge RecreatIOn Center The construction was speCIfically stated as" the construction of a full SIzed (210' x 360') soccer field which includes the grading of the land, the Illstallation of the migation system, the installation of sod and shade trees and construction of fencing" WHEREAS, the CIty of Wheat Ridge was awarded a grant from Great Outdoor Colorado (GOCO) for $48,000 for the construction of the soccer field. WHEREAS, acceptance of the grant in the amount of $48,000 is subject to the condItion of execution of the attached agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT' SectIon 1. The City of Wheat Ridge hereby authorizes the Mayor and City Clerk to sign the grant agreement WIth Great Outdoors Colorado Section 2: The City of Wheat Ridge will appropriate the applicant match of $40,000 for construction, as provided rn the attached budget. Section 3. This resolution to be in full force and effect from and after its passage and approval. INTRODUCED, READ AND ADOPTED at a meeting of thc City Council of the City of Wheat Ridge, Colorado on the 28 th.lay of July, 1999 ATTEST ~ ~I?f(.,.",,-/ " ~ Wanda Sang, City Clerk Great Outdoors Colorado rt5cal Government Grant Agreement GRANT AGREEMENT PROJECT: Name: Completion Date: Contract Number: Wheat Ridge Recreation Center Soccer Field Prior to November 22, 2000 9549 PARTIES TO AGREEMENT: Board: Address: The State Board of the Great Outdoors Colorado Trust Fund 1600 Broadway, Suite 1650 Denver, CO 80202 (303) 863-7522 Telephone: Telephone: Contact Name: Contact Title: City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215-6797 (303) 235-2876 Gary Wardle Director of Parks, Recreation and Libraries Grantee: Address: Date: July 1, 1999 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 ElectlOn. 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") Project 95-19 Page 1 Great Outdoors Colorado =al Government Grant Agreement 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 whieh is incorporated by reference and attached as Appendix A. D. The Board approved Grantee's Project Applieation on June 22, 1999, subJect to the executIOn of a detailed Grant Agreement the conditIOns of whlch are set forth herein. E. Grantee anticipates that the Project described in the Project Application will be completed no later than November 22, 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 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 $48,000, 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 proj ect. 2. Project scope. The Project, Wheat Ridge Recreation Center Soccer Field, 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 ofthis 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 authorizing the execution of this agreement and approving its terms and conditions (which will be attached to the Agreement as Appendix B); Project 9549 Page 2 Great Outdoors Colorado mcal Government Grant Agreement b. A detailed Project Budget (the "Budget") and Project Timeline (the "Timeline") for this Project (which will be attached to the Agreement as Appendix C and Appendix D respectively). Grantee hereby agrees to promptly submit all material revisions to their Budget and Timeline. 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 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 Boardts reasonable judgment, make the Project impraeticable; c. Written evidence that all permits and approvals neeessary 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 of the Project, a. The Grantee must provide the Board: (1) Written assurance the Project has been completed according to the Budget and Timeline, along with Final Report Project Expenditure Documentation detailed in Appendix E (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 Budget (Appendix C) (or the status of efforts to secure matching fundmg 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 facilities, and enlargement or renovation of existing facilities. Fundmg 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 9549 Page 3 Great Outdoors Colorado Ducal Government Grant Agreement (2) Disbursement shall be made on the basis of costs incurred. A reduction III 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 completIon of the Project, and submission and approval of the Project Expenditure Documentation and the information 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 pnor to the completIOn date, as identified in the Timeline (Appendix D). 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 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 Breach. In the event that the Grantee breaches any ofthe terms or conditions of this Agreement, the Board shall have the following remedies. a. Prior to payment of grant. The Board reserves the right to withdraw funding and/or terminate this Agreement. b After payment of grant. The Board reserves the right to deem Grantee ineligible for participation in future Board grants, loans or proJects, if Grantee defaults in its obligations hereunder. In addition to the foregoing, the Board shall be entitled to pursue any other remedy available at law or in equity. 7 Project operation and maintenance. Grantee agrees: a. Grantee or its suecessor will operate and maintain the Project in a reasonable state of repair for the purposes specified in the Project Application for at least 20 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 mamtenance costs of the Project, and give the Board appropriate information concerning the use of the Project by the publie and the impact of the Project. 8 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 opportnnity, use of competitive bidding, and other similar requirements. To the extent permItted by law, the Project 9549 Page 4 Great Outdoors Colorado erreal Government Grant Agreement Grantee will indemlllfy 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 pubhc 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 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 such discriminatIOn. 11. Publicity and Project informatlOn. 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 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 signage 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, 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. 12. Audits and aecountmg. 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 Project 9549 Page 5 Great Outdoors Colorado =a/ Government Grant Agreement Board, or its designated agent, shall have the right, upon reasonable notice to the Grantee, to audit the books and records of Grantee which pertam 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 Amencan 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 complete Project. If the Grantee determines with reasonable probability that the Project WIll not or can not 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. Inspection. 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 apply to the grantee If the grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. 024-10-101 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. 024-10-101 et seq., as it is from time to time amended, or otherwIse available to the Grantee, Its successor, employees, officers or agents. 17. 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 or 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, growmg out of, or in any way connected with or incident to thIS Agreement. 18. ASSIgnment. 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, mcludmg the obligation to make timely communication of information whIch may reasonably be believed to be of interest to the other party Project 9549 Page 6 Great Outdoors Colorado [;'{)cal Government Grant Agreement 20. Applicable law. Colorado law applies to the mterpretation 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. Subject to annual appropriation. Any provlSlon 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 remam in full force and effect. 24. Entire agreement. Except as expressly provided herem, 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 m 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 h1ClifM' Project 9549 Page 7 Project 9549 Great Outdoors Colorado LTKal Government Grant Agreement APPENDIX A PROJECT APPLICATION Wheat Ridge Recreation Center Soccer Field Page 8 Appendix C CITY OF WHEAT RIDGE WHEAT RIDGE RECREATION CENTER SOCCER/LACROSSE FIELD PROJECT BUDGET SOURCE OF GOCO APPLICANT PARTNER FUNDS REQUEST MATCH MATCH CASH $48,000 $40,000 $ 65,000 JEFFCO OPEN SPACE AWARDED 1/99 $ 7,000** Jeffco Youth Soccer TOTALS $48,000 $ 40,000 $ 72,000 $160,000 -------------------------.-------------------------------------------------------------------------- ------------ USE OF FUNDS GRADING $ 5,000 $ 5,000 $ 5,000 $ 15,000 IRRIGATION $23,000 $ 15,000 $ 30,600 $ 72,600 SOD $20,000 $ 29,400 $ 49,400 SHADE TREES $ 5,000 $ 5,000 FENCING $ 15,000 $ 5,000 $ 20,000 ------- ------- ------- ------- ------- ------- ------- ------- TOTALS $48,000 $ 40,000 $ 72,000 $160,000 Appendix D CITY OF WHEAT RIDGE WHEAT RIDGE RECREATION CENTER SOCCER/LACROSSE FIELD TIME LINE PROJECT MILESTONES GRANT AWARD NOTIFICATION June, 1999 START CONSTRUCTION Grading Irrigation Sod Trees Fencing Sept, 1999 Sept, 1999 Oet, 1999 Oet, 1999 Nav-Dee, 1999 PROJECT COMPLETION Dee, 1999 FINAL REPORT Jan, 2000 Great Outdoors Colorado ='al Government Grant Agreement APPENDIX E FINAL REPORT PROJECT EXPENDITURE DOCUMENTATION Wheat Ridge Recreation Center Soccer Field Project 9549 Page 12