HomeMy WebLinkAboutbocc.res.139.1999 APPENDIX B
A RESOLUTION FO THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
Resolution #99-Lsf
A resolution supporting the agreement between Pitkin County and The State Board of the Great
Outdoors Colorado Trust Fund.
WHEREAS, Pitkin County supports the completion of The Aspen School District
Environmental Education Building Project.
WHEREAS, Pitkin County has received a grant from Great Outdoors Colorado to
fund the Aspen School District Environmental Education Building Project, subject
to the execution of the grant agreement.
NOW, THEREFORE BE IT HEREBY RESOLVED by the Board of County
Commissioners of Pitkin County, Colorado THAT:
SECTION 1: The Pitkin County Commissioners hereby authorize
the Deputy Director of Public Works to sign the
grant agreement with Great Outdoors Colorado.
SECTION 2: The Pitkin County Commissioners hereby authorize
expenditure of funds as necessary to meet the
terms and obligations of the grant agreement and
application.
SECTION 3: This resolution to be in full force and effect from
And after its passage and approval.
A�E T: BOARD OF COUNTY COMMISSIONERS
,r
OF PITKIN COUNTY, COLORADO
�-
lie J. Lamont, airperson Jeanette Jones Les
Deputy Clerk and "corder
Date:
APPROVED AS TO FORM: MANAGER APPROVAL:
Kffrd,�
Jo ly Suz n e S. Konchan
County Attorney CouW Manager
APPROV AS TO CONTENT:
n Pettet
Deputy Director of Public Works
CGreat Outdoors Colorado Local Government Grant Agreement
CONTRACT#Wls� APPROVED BY RE OLUTION
GRANT AGREEMENT # -�3
PROJECT:
Name: Aspen School District Environmental Education Building
Completion Date: Prior to November 22, 2000
Contract Number: 9553
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
Grantee: Pitkin County
Address: 530 E. Main, Suite 301
Aspen, CO 81611
Telephone: (970) 920-5392
Contact Name: Brian Pettit
Contact Title: Deputy Director for Public Works
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
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").
Project 9553 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 June 22, 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 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 $25,000, 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, Aspen School District Environmental Education
Building, 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 9553 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 10(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 9553 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 9553 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.
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 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 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
Project 9553 Page 5
Great Outdoors Colorado Local 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 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. 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, 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.
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.
Project 9553 Page 6
MAR 13 '00 16:05 FR GOCO 303 863 7517 TO 19709205374 P.02/02
Great Outdoor:Colorado'Local Government Grant Agreement
20. Applicable law. Colorado Iaw applies to the interpretation and enforcement
of this Agreement
21. IndeMendent 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
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.
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.
Dated: A� /
STATE BOARD OF T OUTDOORS COLORADO TRUST FUND
B :
s
e Director
GRANTEE
Pitkin Co
B
Title:
Project 9553 Page 7
** TOTAL PAGE.02 **
AUG @ '99 10:05 m GOCo 30380 32 TO 197093687E3 R£g2
-4 � 2
t � ro � .
. .. g \ 2. .
/
. J ( 2 too i
_ . 0 �.
I :
7 ? m
P! —
_ /'| 2 � @m in
2
v # §
elo"4 " ® m o ® 3 Q
7 JD9
/ � � / �
� §
CD \ R I f a
02 Gnu ■
tet
_ r , k
%w ■ 12
c ■ 4 o $ ■
G» o §
® �IV � % ~-
Q TVW .
4Vo 2 k k A -4 |0 \
� cl
,
APPENDIX D
PROJECT TIMELINE:
BID FOR CABINETS, TABLES BY 7115/99
CONSTRUCTION ON CABINETS, TABLES__7/15/99-9/30/99
BID ON SIDEWALK/CEMENT __BY 7/15/99
CONSTRUCTION OF SIDEWALK 8/22/99-8/25/99
BID ON LIGHTING --BY 7/15/99
INSTALLATION OF LIGHTING------ __8/9/99-9/1/99
IT IS THE INTENT OF THE ASPEN SCHOOL DISTRICT THAT
THE ENVIRONMENTAL EDUCATION CLASSROOM BE
COMPLETE AND READY FOR OCCUPATION AS OF
SEPTEMBER_5, 1999_ A FINAL REPORT WOULD BE WRITTEN
BY NOVEMBER 30, 1999.
PROJECT TIMELINE:
-GROUNDBREAKING 8/18/98
-FOUNDATION WORK 8/18/98-11/30/98
-TIRE WALL WORK 10/15/98-1/15/99
-WOOD FRAMEWORK 11/30/98-2/15/99
-ROOF SYSTEM 2/15/99-3/1/99
-STRAW BALE ADDITION 3/l/99-3/22/99
-WINDOWS/STUCCO EXTERIOR 3/22/99-5/l/99
-INTERIOR EARTH WALL WORK 4/20/99-6/30/99
-ELECTRIC/LIGHTING 8/9/99-9/1/99
-SIDEWALK/WALKWAYS 8/22/99-8/25/99
-CABINET/TABLE CONSTRUCTION 7/15/99-9/30/99
-OCCUPANCY OF BUILDING 9/5/99