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HomeMy WebLinkAbout2000-048-03/21/2000-AUTHORIZING THE MAYOR TO ENTER INTO AN IGA WITH GOCO FOR THE DEVELOPMENT BY FORT COLLINS SOCCER CLUB RESOLUTION 2000-48 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR THE DEVELOPMENT BY FORT COLLINS SOCCER CLUB OF A SOCCER COMPLEX NORTHEAST OF FORT COLLINS WHEREAS,the Board of the Great Outdoors Colorado Trust Fund(the"GOCO 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,which article designates 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; and WHEREAS,only local governments are eligible for local government grants from the GOCO Board which are intended for, among other things, local government parks,outdoor recreation and environmental education facility projects; and WHEREAS, in late 1999, the City submitted a grant application to the GOCO Board for a local government grant to be used for the development of the Fort Collins Soccer Complex,the total cost of which will be$1,440,500,to be funded by contributions from various private organizations, including the Gates Family Foundation,United States Soccer Federation Foundation, Stryker Short Foundation, and Fort Collins Soccer Club, in addition to GOCO grant funds; and WHEREAS, in December 1999, the Board awarded to the City a grant in the amount of $175,000,to be used by the City and its primary partner,the Fort Collins Soccer Club,together with private matching funds for the development of a soccer complex on County Road 54,just west of Interstate 25 northeast of Fort Collins (the "Grant"); and WHEREAS, City staff has negotiated with the Fort Collins Soccer Club a grant agreement through which the Fort Collins Soccer Club shall be legally obligated to use the Grant to carry out the intended purposes of the Grant to provide the matching funds that are required for the Grant;and WHEREAS,in connection with the administration of the Grant,the Board requires that the City enter into a grant agreement requiring that the Grant and the Soccer Complex project be carried out in accordance with the purposes and administrative requirements of the GOCO Board,and other related requirements; and WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, such as a grant agreement, as provided in Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be,and hereby is,authorized to enter into a grant agreement obligating the City to use the $175,000 in Grant proceeds for the development of a soccer complex on County Road 54,just west of Interstate 25 northeast of Fort Collins, in substantially the form of agreement attached hereto as Exhibit "A" and incorporated herein by this reference, contingent upon the execution of an agreement with the Fort Collins Soccer Club requiring the use of the Grant and provision of matching funds consistent with the grant agreement,together with such other terms and conditions,or subsequent modifications,as the City Manager,in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and effectuate the purposes set forth herein. Passed and adopted at regular meeting of the Council of the City of Fort Collins this 21 st day of March, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT"A" Great Outdoors Colorado Local Government Grant Agreement GRANT AGREEMENT PROJECT: Name: Fort Collins Soccer Complex Completion Date: Prior to June 2, 2001 Contract Number: 0228 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund Address: 1600 Broadway, Suite 1650 Denver, CO 80202 Telephone: (303) 863-7522 Facsimile: (303) 863-7517 Grantee: City of Fort Collins Address: 281 North College Avenue Fort Collins, CO 80524 Telephone: (970)221-6618 Facsimile: (970) 221-6586 Contact Name: Craig Foreman Contact Title: Manager, Park Planning and Development Date: December 14, 1999 CONTEXT OF AGREEMENT: A. The Board is a political subdivision of the State of Colorado, created by Article XXV11 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 projects to which Grantee responded with a detailed application(the "Project Application"). Project 0228 Page 1 Great Outdoors Colorado Local 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 which is incorporated by reference and attached as Appendix A. D. The Board approved Grantee's Project Application on December 2, 1999, 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 completed no later than June 2, 2001. 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$175,000, 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. Project scope. The Project, Fort Collins Soccer Complex, 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 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); Project 0228 Page 2 Great Outdoors Colorado Local 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 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 d. Plans for the erection of signs and placards for the Project, as provided in Section 11(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 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 facilities, 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 0228 Page 3 Great Outdoors Colorado Local 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 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 prior 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 of the 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 successor 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 maintenance costs of the Project, and give the Board appropriate information concerning the use of the Project by the public 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 opportunity, use of competitive bidding, and other similar requirements. To the extent permitted by law, the Project 0228 Page 4 Great Outdoors Colorado Local Government Grant Agreement 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 when not being programmed by the Fort Collins Soccer Club,Inc. 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 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 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 maybe 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 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 Project 0228 Page 5 Great Outdoors Colorado Local Government Grant Agreement 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. 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. §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 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. 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,growing 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. However, both parties acknowledge that the Grantee may arrange for the development, construction and operation of the Project, and for the performance of any other acts required hereunder, by the Fort Collins Soccer Club, Inc. Project 0228 Page 6 Great Outdoors Colorado Local Government Grant Agreement 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. Applicable 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. 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. 23. Severability. If any provision of the Grant Agreement, or the application thereof 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. 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. Time is of the essence. Time is of the essence in this Agreement. 26. Survival. The terms and provision of this Agreement shall survive the funding of the grant and the acquisition of the real property interest by Grantee. Subsequent to the funding of the grant, Grantee shall have a number of ongoing obligations. 27. Fax and counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one Agreement. In addition,the parties agree to recognize signatures of this Agreement transmitted by telecopy as if they were original signatures. 28. Third party beneficiary. The Board and Grantee hereby acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between the Board and Grantee, and that no third party beneficiaries are intended. 29. Construction. Each party hereto has reviewed and revised (or requested revisions of) this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. Project 0228 Page 7 Great Outdoors Colorado Local Government Grant Agreement Dated: (To be dated upon execution by State Board of the Great Outdoors Colorado Trust Fund) STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND By: For Executive Director GRANTEE City of Fort Collins By: Title: Project 0228 Page 8 APPENDIX A Great Outdoors Colorado Local Governmeaft Grant Application 1. Applicant/Recipient 4. Primary Partner The City of Fort Collins Fort Collins Soccer Club 2. Applicant/Recipient Address: 5. Primary Partner Address: 281 N. College Ave. 2721 S. College Ave. #10 Fort Collins, CO 80524 Fort Collins, CO 80525 3. Applicant/Recipient Contact: 6. Primary Partner: Name: Craig Foreman Name: Fort Collins Soccer Club Title: Manager, Park Planning and Development Title: Jana Elliott, Director Special Projects Telephone#: (970)221-6366 Telephone#: (970) 226-6842 Fax#: (970)221-6586 Fax#: (970)204-0211 E-Mail:cforeman@ci.fort-collins.co.us E-Mail:ElbottnSoccerFortCollins or PROJECT INFORMATION 7. Project Title: Fort Collins Soccer Complex 8. Partners: Organization Name Amount of Match * Gates Family Foundation $500,000 * United States Soccer Federation Foundation $100,000 * Stryker Short Foundation $ 50,000 * El Pomar Foundation $ 25,000 * Colorado State Youth Soccer Association $ 20,000 * Fort Collins Arsenal $ 20,000 * Gannett Foundation $ 3,000 * Poudre Valley Hospital $ 2,500 * Fort Collins Soccer Club Members $545,000 Total: $1,265,500 9. Source and Amount of Local Match: 10. Project Funding Total Dollar Match: Amount: a) Partners: (from #8) $1,265,500 d. Grant Request $ 175,000 b) Applicant e. Total Match: $1,265,500 c)Total Match (a and b) $1,265,500 f. Total: (d and e) $1,440,500 11. Brief Description of the Project (please describe the scope and nature of this project): The Fort Collins Soccer Club is constructing a multi-field, multi-use complex for the community. The rapid growth and increased interest in soccer have demonstrated a high demand for a facility to help curtail overcrowding and overuse of existing facilities, decreasing opportunities for individuals to participate in organized sports and increased conflicts with other sports organizations competing for the same space(i.e., lacrosse, field hockey, football, cricket). The initial phase will include enough developed land, turf and irrigation for six to nine full sized soccer fields. 12. Primary city/county of service: Fort Collins/Larimer 13. Other counties of service(if applicable):N/A 14. Colorado Senate District: #14 16. U.S. Congressional District: #4 15. Colorado House District: #52 17. DOLA Region:North Central 18. Authorized Signature: Date: (From eligible applicant/recipient entity in#1) Printed Name and Title: Craig Foreman Manager Park Planning and Development Great Outdoors Colorado Local Government Grant Agreement APPENDIX B RESOLUTION Fort Collins Soccer Complex Project 0228 Page 10 APPENDIX C FORT COLLINS SOCCER COMPLEX SOURCES OF FUNDS SOURCES OF DATE GOCO APPLICANT PARTNER TOTAL FUNDS SECURED REQUEST MATCH MATCH CASH 1992-99 $175,000 0 $ 545,020.00 $720,020.00 INTEREST 1992-99 $ 15,723.00 $ 15,723.00 DONATIONS 1992-99 $ 9,932.00 $ 9,932.00 MERCHANDISE 1998-99 $ 1,088.00 $ 1,088.00 FUNDRAISERS 1998-99 $ 9,638.00 $ 9,638.00 GANNETT FOUNDATION 6/15/99 $ 3,000.00 $ 3,000.00 PVH FOUNDATION 4/29/99 $ 2,500.00 $ 2,500.00 ARSENAL SOCCER 10/26/98 $ 20,000.00 $ 20,000.00 CSYSA 2/19/99 $ 20,000.00 $ 20,000.00 EL POMAR FOUNDATION 12/1/98 $ 25,000.00 $ 25,000.00 GATES FAMILY FOUNDATION 4/2/97 $ 500,000.00 $500,000.00 US SOCCER FOUNDATION 5/17/99 $ 100,000.00 $ 100,000.00 STRYKER SHORT FOUNDATION 2/5/99 $ 50,000.00 $ 50,000.00 TOTAL SOURCES OF FUNDS $ 175,000.00 0 $ 1701,901.00 $1,476,901 APPENDIX o \ 3 o . < � . . 4 9 2 ? \ \ \ ¢ ® » { � G ƒ S / \} w < \ 2 < 2 w °W z ( . a $ \\: w 0 ® a « ,faw `f O �' \ % U \ ^ § w - S ® — � � CD k\ CL 2 � � j cc C \ \ \ © c © Z co E « � J � � a k c m to caV) § � 00co \ o _ C � = — m O aa £ f (aJ � § § � \ $ / aI 2 $ ® � � c ± ƒ » oa m 5 � f # \ \ = 2 SS fJ2km / � � \ � 7 ƒ [ kR 222R � $ LL I@ < � � « n kAlI Great Outdoors Colorado Local Government Grant Agreement APPENDIX E FINAL REPORT PROJECT EXPENDITURE DOCUMENTATION Fort Collins Soccer Complex Project 0228 Page 13