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HomeMy WebLinkAbout1995-127-09/05/1995-AGREEMENT GOCO GRANT GRAVEL MINING OPERATIONS GREAT OUTDOORS COLORADO POUDRE RIVER CORRIDOR POUDRE R RESOLUTION 95-127 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND WHEREAS, the City applied to Great Outdoors Colorado (GOCO) for a grant to help fund the Poudre River Implementation Plan Project (the Project); and WHEREAS, the project involves the study of gravel mining operations along the Poudre River with the goal of creating an implementation plan involving land acquisition, gravel mining reclamation, water augmentation, and ways to enhance wildlife, historical, educational, and recreational opportunities along the Poudre River Corridor; and WHEREAS, GOCO has agreed to grant to the City funds in the amount of$45,000 for the Project; and WHEREAS, the City has agreed to provide $55,000 in matching grant funds for the Project, with $35,000 in matching funds appropriated and available in the City's Conservation Trust Fund and $20,000 appropriated and available from one-quarter cent Natural Areas monies; and WHEREAS, GOCO has requested that the City enter into a grant agreement authorized and approved by the Council by resolution; and WHEREAS, it is in the City's best interest to enter into this agreement with GOCO in order to receive the grant funds for the Project and to have the Project completed. NOW, THEREFORE, BE RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS: Section 1. That the City Council hereby authorizes the Mayor to execute the grant agreement between the City and the State Board of Great Outdoors Colorado Trust Fund, a copy of which is attached hereto as Exhibit A and is incorporated herein by this reference. Section 2.That the City Council hereby approves the terms and conditions of said agreement. Passed and adopted at a regular meeting of the Council of the Ci f Fort Collins he is 5th day of September, A.D. 1995. � T r ATTEST: City Clerk Q� Exhibit A Great Outdoors Colorado Planning& Capacity Grant Agreement PLANNING/CAPACITY GRANT AGREEMENT PROJECT: Name: Poudre River Implementation Plan Project Completion Date: On or before October 31, 1996 PARTIES TO AGREEMENT: Grantor: The State Board of the Great Outdoors Colorado Trust Fund Grantee: City of Fort Collins Telephone: 970.221.6366 Contact name: Mr. Craig L. Foreman Contact title: Address: 281 North College Fort Collins, CO 80524 GOCO Contract: 5302 Date: July 18, 1995 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 Planning and Capacity Building Projects to which Grantee responded with a detailed application (the "Project Application"). PCCONT.WPD(5302) 7118/95 1 of 6 Great Outdoors Colorado Planning& Capacity 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 June 21, 1995, 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 on or before October 31, 1996 . 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 $45,000 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, Poudre River Implementation Plan, 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. Obligations of Grantee. 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 this Agreement as Appendix B); PCCONT.WPD(5302) 7/18/95 2 of 6 Great Outdoors Colorado Planning& Capacity Grant Agreement b. A detailed Work Plan and Budget for this Project (which will be attached to this agreement as Appendix C and Appendix D respectively). 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; C. The Project funding schedule (which will be attached to this Agreement as Appendix E), will (i) briefly identify each major stage or milestone of the Project, (ii) set out the source, amount and anticipated date of each disbursement of funds for the Project, and (iii) show the Board payment with respect to the Project; and d. The payment schedule agreed between the parties is checked below: ❑ OPTION A: Full payment of the contract amount will be made upon submission of the information required by this paragraph 3, including a signed copy of this grant agreement and submission of the information required in paragraph 4. El OPTIONS: 50%payment upon submission of the information required by this paragraph 3, including a signed copy of this grant agreement. In addition, 25% will be distributed, upon submission of a periodic progress report (which will include an itemized expenditure report, copies of all invoices listed on the expenditure report, copies of all canceled checks for the above invoices, and a brief narrative describing project milestones). The final 25% of the grant award will be withheld against the requirements detailed in paragraph 4. Disbursement of Funds. Prior to the final payment by the Board the Grantee must provide certified written assurance to the Board that the following conditions have been satisfied. a. The Project has been substantially completed according to the work plan and budget; b. The representations made to the Board in the grant application and all subsequent correspondence 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). occoxrr.wrolasaz;-711e195 3 of 6 Great Outdoors Colorado Planning& Capacity Grant Agreement C. Match funds have 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); d. Disbursement shall be made on the basis of costs incurred. A reduction in matching funding may cause a proportional reduction of Great Outdoors Colorado Funds. 5. Waiver: The Executive Director may waive one or more of the obligations in paragraphs 4 and 5 of the Agreement, or may require performance of one or more of these obligations subsequent to disbursement. 6. Compliance with applicable federal and state laws rules and regulations At all times during the performance of this contract, the Grantee shall strictly adhere to all applicable federal and state laws, rules, and regulations thathave-beerror-mayhereafterbe established, including but not limited to worker safety, local labor preferences, preferred vendor programs, use of competitive bidding, and other similar requirements, that directly apply to the Project described in this grant agreement. The Grantee will indemnify the Board from any liability for any failure to comply with any such applicable requirements. 7. Nondiscrimination. The Grantee agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS §24-34-402), as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. In the event of the Grantee's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part. 8. 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 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. PCCONT.WPD(5302) 7/1M5 4 of 6 , Great Outdoors Colorado Planning& Capacity Grant Agreement 9. 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. 10. 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. 11. 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. 12. 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. 524-10-101 et=ea. 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 sea., as it is from time to time amended, or otherwise available to the Grantee, its successor, employees, officers or agents. 13. Liability. 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. 14. Assignment. Grantee may not assign its rights under this Agreement without the consent of the Board. PCCONT.WPD(5302) 7/1M5 5 of J Great Outdoors Colorado Planning& Capacity Grant Agreement 15. Cad 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. 16. Applicable Law. Colorado law applies to the interpretation and enforcement of this Agreement. 17. Independent Contractor. Grantee is an independent contractor acting in its separate capacity and not as an officer, employee or agent of the Board. 18. 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 Fort Collins i By Title: PCCONT.WPD(5302) 7119/95 6 of 6