No preview available
HomeMy WebLinkAboutC08-259Great Outdoors Colorado Planning/Capacit~~ Building Grant .9greement GRANT AGREEMENT Project Name: Eagle River Preserve -Phase II Design Contract Number: 08428 Completion Date: December 18, 2009 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: Eagle County Address: 500 Broadway P.O. Box 850 Eagle, CO 81631 Contact Name: Valerie Hays Contact Title: Project Manager Telephone: (970) 328-8881 Facsimile: (970) 328-8899 Date: July 15, 2008 EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Project Application Approved Budget Approved Timeline Approved Work Plan Signed Resolution Final Report Form Overdue Grants Policy CONTEXT OF AGREEMENT: A. The State Board of the Great Outdoors Colorado Trust Fund (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, which article 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. July 15, 2008 Page 1 of 7 Great Outdoors Colorado Planning/Capacity Building Grant Agreement B. In 1994, the Board created a statewide grant program pursuant to which eligible entities may apply for grants for Planning and Capacity Building Projects. Grantee submitted a detailed application, a copy of which is attached hereto and incorporated herein by reference as Exhibit A (the "Project Application"). The Project Application contemplates the execution of the Project entitled and described above (the "Project"). C. The Board approved Grantee's Project Application on June 18, 2008, subject to the execution of a detailed Grant Agreement, the conditions of which are set forth herein. D. Grantee anticipates that the Project described in the Project Application will be substantially completed on or before December 18, 2009 ("Project Completion Date"). E. Grantee has undertaken responsibility for obtaining the match (cash and in-kind contributions) described in the Project Application. F. The Parties intend this document to be the detailed Grant Agreement ("Agreement") required by the Board. The Grantee shall carry out the Project in accordance with this Agreement and a Work Plan and Budget to be approved by the Executive Director of the Board pursuant to this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the premises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Board and Grantee (collectively referred to as "the Parties") agree as follows: 1. Grant and Project. The Board hereby grants to Grantee the sum not to exceed $22,153.00, subject to the terms of this Agreement (the "Grant"). The Grant shall be used by Grantee solely to complete the Project as approved by the Board. Grantee hereby agrees to use its best efforts to complete the Project. 2. Grant Payment Subject to Lottery Proceeds. The payment schedule for the Grant set out in Section 4 of this Agreement is dependent upon sufficient GOCO net lottery proceeds being available to the Board. 3. Proiect Scope -Revisions. The Project will not be materially modified by the Grantee without the written approval of the Executive Director of the Board. Grantee hereby agrees to promptly submit to the Board all material revisions to the Work Plan and Budget. 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. In multi-phase projects, this Agreement only pertains to the identified phase of the Project, and not the Project as a whole. July 15, 2008 Page 2 of 7 Great Outdoors Colorado Planning/Capacity Building Grant Agreement 4. a. Payment of Grant. The Grant will be paid upon satisfaction of all provisions of the conditions precedent to disbursement described in Section 5 of this Agreement, and only after fulfilling all requirements, the Board shall disburse funds for the Grant as follows: $22,153.00 during the quarter from October to December of 2008 b. Sufficiency of GOCO Net Lottery Proceeds. The Board shall have determined in its discretion that it has received and has available sufficient GOCO net lottery proceeds to fund the Grant. In making such determination, the Board may consider all such facts and circumstances as it deems necessary or desirable, including but not limited to past, current, and future operating expenses and budgetary needs of GOCO, adequate reserves, and funding requirements and/or commitments for other past, current, and future projects. 5. Information to Be Provided Prior to Payment. NO FUNDS WILL BE DISBURSED BY THE BOARD UNLESS AND UNTIL THE GRANTEE FURNISHES THE BOARD WITH THE INFORMATION REQUIRED BY THIS AGREEMENT. a. Prior to GOCO's execution of this Agreement and Payment, Grantee shall submit the following information to the Board: (1) A resolution adopted by the governing body of the Grantee authorizing the execution of this Agreement and approving the terms and conditions of this Agreement; (2) If the Grant Amount is less than Grantee requested in the Project Application, a detailed Budget for the Project reflecting the actual Grant Award and any other necessary changes and a revised Work Plan reflecting any changes necessitated by Grantee receiving less-than-anticipated funding. The term "Work Plan" means a description of the goals and objectives of the Project, the tasks undertaken by Grantee to achieve the goals and objectives, and the end products/deliverables of the Project. b. Payment: (1) Prior to Payment, Grantee must provide to the Board certification that: (A) the Project has been completed according to the Work Plan and Budget, along with a Final Report -Project Expenditure Documentation (the "Final Report") (the form of the report is attached as Appendix F to this Agreement); (B) 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; (C) matching funding has been received as outlined in the Final Report or the status of efforts to secure matching funding has been disclosed to the Board and it has been found to be satisfactory; and July 15, 2008 Page 3 of 7 Crest Outdoors Colorado Planning/Capacity Building Grant Agreement (D) 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. (2) The Board may reduce or delay the Final Payment if, in the Board's reasonable judgment, Grantee has not demonstrated adequate progress on the Project, or has not raised or spent adequate matching funds. 6. Final Report Due Date/Extensions. Grantee shall submit the Final Report to the Board on or before the Project Completion Date. Failure to submit the Final Report within the specified time period or to request appropriate and timely extensions as described in the Overdue Grants Policy may result in reduction or loss of Grant funds, even if there are undisbursed amounts remaining in the grant. For purposes of the Overdue Grants Policy, the "Project Due Date" shall be the date the Final Report is due. (The Overdue Grants Policy is attached as Appendix G to this Agreement.) 7. Disbursements Made on Basis of Costs Incurred. 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. 8. Waiver. The Executive Director may waive one or more of the obligations in Section 5 of this Agreement or may require performance of one or more of these obligations subsequent to disbursement. 9. Compliance with Re ug latorv 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 bylaw, the Grantee will indemnify the Board from any liability or any failure to comply with any such applicable requirements. 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. a. Grantee shall acknowledge Board funding in all publicity issued by it concerning the Project. July 15, 2008 Page 4 of 7 Great Outdoors Colorado Planning/Capacity Building Grant Agreement 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. If Grantee uses the Grant to create, maintain, or update its website or uses its website to disseminate information about the Project, Grantee shall acknowledge Board funding on its website. e. If Grantee uses the Grant to create, publish, or update any written material or uses such written material to disseminate information about the Project, Grantee shall acknowledge Board funding in the written material. f. If any events are planned in relationship to or as part of the Project, Grantee shall acknowledge the Board as a contributor to the event and shall notify the Board at least thirty (30) days prior to the event. 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 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 cannot be completed as reflected in the Project Application or subsequently approved Work Plan 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. Governmental Immunity. The following provision applies to the Board and 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 ("CGIA"). Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, by any Party to this Agreement, of any of the immunities, rights, benefits, or protection provided under the CGIA, as amended or as maybe amended (including, without limitation, any amendments to such statute, or under any similar statute which is subsequently enacted). The Parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of any Party to this Agreement. July 15, 2008 Page 5 of 7 Great Outdoors Colorado Planning/Capacity Building Grant Agreement 16. Liabilit To the extent permitted by law, Grantee shall be responsible for, indemnify, and hold harniless 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. 17. Assignment. Grantee may not assign its rights under this Agreement without the written consent of the Board. 18. Good Faith. There is an obligation of good faith on the part of the Parties, including the obligation to make timely communication of information which may reasonably be believed to be of interest 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. 21. Severability. If any provision of this 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. 22. Entire Agreement/Amendment. 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, approved by the Board, and signed by the Parties to this Agreement. 23. Fax and Counteroarts. This Agreement maybe 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 signature to this Agreement transmitted by telecopy as if they were original documents. July 15, 2008 Page 6 of 7 Great Outdoors Colorado Planning/Capacity Building Grant Agreement STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND By John Swartout, Executive Director Dated: GRANTEE: Eagle County ~ By / ~ v- Name: Q ' Title: ~~a;~G,,~ Dated: G• ~o• ~C G July 15, 2008 Page 7 of 7 EXHIBIT A f Project Application Eagle County Eagle River Preserve -Phase II Design SUMMARY FORM ~'° PARTICIPANT INFORMATION _-.` 1. Applicant Name and Address: 2. Partner (if any) Name and Address: Eagle County Government none PO Box 850 590 Broadway Eagle, CO 81631-0850 Applicant Contact: Valerie Hays Title: Project Manager Phone #: (970)328-8881 Fax #: (970)328-8899 E-mail: valerie.hays@eaglecounty.us PROJECT INFORMATION 3. Requested Grant Amount: $22,153.00 (Request must not exceed 75% of total project cost) 4. Project Title: Eagle River Preserve -Phase II Design 5. County: Eagle r .- : 6. Site Information: (Site specific planning grants only, please answer on separate sheet) 7. Project Description (250 words or less): The Eagle River Preserve is a 72-acre parcel of land located on the south side of the Eagle River west of the town of Edwards in Eagle County. The property was once privately held and used for livestock grazing. In the late 1960's a mining operation for sand and gravel was introduced and continued through September of 2005 when Eagle County and the Vail Valley Foundation in partnership purchased the property for $12 million. A Conservation Easement was placed on the property and a Restoration Committee formed to guide the reclamation of the property to eventually open it to the public as a passive recreation area. To date in excess of $700K has been generated through tipping fees and expended on park design and construction. In 2006 and early 2007 a Master Plan was developed for the Preserve. In 2007 Phase I design and construction commenced on the easternmost 25 acres of the Preserve. The tipping fees were used to design and construct the initial Phase I including the access road, a water feature including a stream, series of ponds and wetland basins. Phase I will complete in the spring of 2008 with installation of the irrigation system and planting of the trees and shrubs. Eagle County is hoping to identify funding sources to proceed with design and construction of the remaining 47 acres of the Preserve in Phase II. Tipping fees are expected again in 2008 and will be available for implementation o t~e Phase II park development plans. 8. Authorized Signature: ~ ~ . Date: ~ ~ ~ ~ C ~. ~. SITE INFORMATION -EAGLE RIVER PRESERVE -PHASE II t ~~ ,_.~ The Eagle River Preserve is a 72-acre parcel of land located south of the Eagle River and west of the Town of Edwards in Eagle County. The parcel is owned by Eagle County and there is a restoration effort underway and a Conservation Easement in place. Once the restoration process is complete, the Eagle River Preserve will be opened to the public as a passive recreation area. There are 3 acres of wetlands and 5.7 acres of healthy riparian habitat existing on the property. Additional area of wetlands and riparian habitat will be developed with a ponds and stream complex. In addition, the park will have an access road and parking area, a series of trails, fishing access, educational opportunities, and public restrooms. The area surrounding the Preserve is in the heart of the town of Edwards and is comprised of mixed uses, including residential and commercial development. Phase I of the Preserve, the easternmost 25 acres, has been fully funded and is currently under construction. Phase II will complete the park on the remaining 48 acres. Please refer to the attached site map. .„ '~t e`N3 ~~ t ~ ':~ ,,,; EXHIBIT B Approved Budget Eagle County' Eagle River Preserve -Phase II Design ~ u`7 :~ t .. ~' 1 ey d' ~ ~ ~ O ~ N O p ~ S 8 e~~1 ~j ~ ~ N ~O N O~ C ~ b w a0 ~ w p ~ ~ ~O N (`/p1 V1 pp 9 N N w ~ T ~ -o ~ F O O p U') f/ ) ~ ~ V ~ p ~ V V h { + ~ `~ td a~ fi/9 D a ' ~ c ~ ~ ~ . --i Q~ a ~ r C N N ' r ~ ~ iH u a ~ q ~ Q ~ fA 69 6N ~ Gy vi w H W vi Q ~ VMi H ~ ~ ego v oi ~ ~ M ~~ N .r N 'p M a ~ O N i ti ~ V1 ~ N N ~ t O~ v N N O ~ W O ~ U ~ y y V o0 O 0o o a o o ao c? ~ 0o a c~4 ~ o S m ~ ~/] ~ h ~ Y ~ a d ° 4 O v ~ ~ H Lr ~ .d ~ ~ ~ 0 ~ `~ a, ~ ~ F ~ 7 ice' ~' 'O C u ~ ~ ~ ~ Fy ~ w $ ~ ~ w ~ _ ~ m z ~ O '" ° ~ a w ~ ~ Q€e a ~ ~ ~ ~ H ~ a w k. ~°, rn o o .; ~ ~ z "" F y eu ~ ~ ~ ~ " c ~ ~ C7 4K U ~ n ~ ~ A o O U ~ ~ ~ 5 ~ ~ ~ fr. c 4z . a u ~ Q s ~ '3 '3 ' 3 `~ ~ A , ~ ~ F o ~ ° ° ° _ ~ Ci~ C7 d ~ ~ U v U U a ¢ ~ ~ U ~ F U `~'s EXHIBIT C Approved Timeline Eagle County Eagle River Preserve -Phase II Design EAGLE RIVER PRESERVE -PHASE II DESIGN TIMELINE Task Date: Jun-08 Jul-08 Au -08 Se -08 Oct-08 Grant Notification Grant A reement received BoCC A royal Grant A reement Create and Si n Desi n Contract Information Gatherin -Consultant Pro ress Re ortin Prelimina Desi n -Consultant Internal and Land Trust Desi n Review Construction Documents -Consultant Irri ation Desi n -Contractor Final Plan Distribution Final Re ort I ~'~ EXHIBIT D Approved Workplan Eagle County Eagle River Preserve -Phase II Design ~t s~ (v~ GOCO PLANNING GRANT SELECTION CRITERIA QUESTIONS EAGLE RIVER PRESERVE -PHASE II DESIGN Need, benefits and timeliness of the project The Eagle River Preserve is a reclamation project where a former gravel mining operation in existence since the late 1960's along the Eagle River corridor is being converted to a natural open space park by Eagle County and our partners. The Preserve will set aside land as undeveloped, natural and pastoral, to enhance the quality of life for all citizens and visitors to Eagle County. Its' mission is to protect our scenic vistas, crucial wildlife habitat, waterways, and Western heritage. This project is a huge financial undertaking. Eagle County assembled $4M from the Open Space Fund and $2M from the General Fund and coupled that with $6M donated by our partner the Vail Valley Foundation in order to purchase the 72-acre Preserve parcel in 2005. Subsequently, all funds to design, build and reclaim the park have come from the County's share of a "tipping fee" charged by the mine operator for receiving and placing fill material generated by excavation projects throughout Eagle County. Not only does this process generate income to build the park, the fill material is used to make the final contours and topography for the park. To date the tipping fees account has generated roughly $724 K, but it's a slow process. These funds were nearly all expended for Phase I Design and Construction activities, which advanced the final development of the easternmost 25 acres of the Preserve and provided the bulk of the irrigation system for the entire park. With the tipping fee account from 2007 nearly depleted, and 47 more acres to reclaim as the Preserve, Eagle County seeks to pursue every possible funding source available to complete the project. Benefits to the community are enormous and our citizens anxiously await grand opening. The Preserve will provide visual enhancement of the 72 acre expanse located in the heart of the Eagle valley community. The once quiet pasture land grazing livestock had become an eyesore of mining operations for decades. The aspects of its original health and viability were significantly impacted by mining. Fish and wildlife habitat was significantly lost or damaged. The Preserve will reverse this; will provide a buffer between the developed areas and the fragile river corridor and will allow the public to experience the peace and quiet of meadows, ponds, streams and the beautiful Eagle River. Wildlife habitat will be encouraged and enhanced and the Preserve will feature opportunity for all to observe and appreciate it. Trails will offer interpretive educational signage about the natural resource features of the property as well as historical background. The Preserve will be designed to offer an extensive educational experience of an active riparian habitat. Through the Eagle River Preserve the healthy vitality of the river corridor can be restored, and that which was lost through negligence and enterprise can be reclaimed for the benefit of all future generations. There is no other park of this scope or size in our county. -1- 5 "'~° Planning for Phase II will encompass the balance of the approximately 47 acres of the ~- site. Phase II Design will set forth design for the balance of the water features and wetlands and general topography. Earthwork, trails, site amenities, planting and irrigation design will all be brought to the level of construction documents, suitable for accurate cost estimates and bidding. A Conservation Easement in place on the Preserve requires that the final contours to the topography be established by November 2008, imposing great urgency to complete design and place the soil materials to create the final topography prior to that date. 2. Project scope The Eagle River Preserve sits between the Eagle River and Highway 6, '/4 mile west of the heart of the Town of Edwards, Colorado. Upon the purchase of the Preserve land by the County and the Vail Valley Foundation, a Conservation Easement was placed on the property to be held in perpetuity by the Eagle Valley Land Trust. To oversee the restoration of the Preserve, a Restoration Committee was formed with each member possessing knowledge and expertise related to various aspects of the rehabilitation process -planning, trails construction, water use, fishing access, educational opportunities and facilities construction to name a few. The Restoration Committee is responsible for monitoring plans and activities at the Preserve to assure ~ ~ compliance with the provisions of the Conservation Easement and must approve the final restoration plan. The Restoration Committee has also pledged future funding efforts along with their own labor in planting, trail building and facilitating all aspects of bringing the park to reality. Members of the Committee include The Nature Conservancy, the Colorado Division of Wildlife, Eagle River Watershed Council, Gore Range Natural Science School, Vail Valley Foundation, Berry Creek Metro District, Eagle River Water and Sanitation District, Eagle County staff in planning and facilities, a County Commissioner, along with other interested citizens. All plans and improvements are also subject to the review and approval of the Board of County Commissioners. The 72 acre site of the Preserve has been divided into 2 components, Phase I for the eastern 25 acres and Phase II for the remaining 47 acres. Phase I was designed in 2007 and construction commenced. Planting and irrigation will finish up in early summer 2008 and Phase I of the park will be opened to the public at that time. Phase II development will progress as design and construction funding becomes available. It is anticipated the entire park will be complete and be open to the public by fall of 2009. The very essence of the Preserve is to reengage the wildlife on the property, to provide habitat for it and to protect of the river corridor. The Preserve will provide for passive recreation and wildlife viewing. Eventually the major regional trail artery .~, ~~ traversing the entire county will pass through the Preserve. Simply observing the -2- ~~ Preserve from the major interstate highway (I70) passing just above it will be a pleasure. Schools and organizations, families and friends will all picnic and relax at the Preserve. The town of Edwards surrounds the park and it is comprised of mixed- use, commercial and residential single and multi-family homes. Much needed deed- restricted housing will soon abut the Preserve on the southwest corner. Our community is relatively youthful and full of athletic and outdoor seeking and appreciating people who want to fish, bike, hike and simply enjoy the natural beauty of our landscapes. 3. Objectives, Tasks and End Product • The first planning objective for Phase II Design is to move the design concept from the Master Plan already developed to the construction documents. The construction documents will provide us with site plans encompassing trails and water features, wetlands, and topography. There are no roads or parking areas in the footprint of Phase II. Planting plans, specifications, plant lists, irrigation design drawings comprising a detailed blueprint for our project will all be developed within the construction documents. Once these documents are complete we will be in a position to progress our second objective, building our budget. Budgets will be forecasted internally and priced by the Phase I DesignlBuild team in order to get to the third objective, determining our funding needs to complete the project. Tasks include first solidifying and extending our existing agreement for Design/Build services. The County previously advertised for Request for Qualifications from Design/Build teams when we progressed Phase I in 2007 for the Preserve. We were very fortunate to identify a highly talented and skillful team who has done an amazing job progressing the first phase of design and construction at the Preserve. The County is immensely happy with this Design/Build team and desires to maintain the continuity of this design sensibility and construction expertise through Phase II. The Planning budget included with this grant application has already been firmly priced with this team. We will move right to work with information gathering with the designer where the remaining site will be reviewed and assessed for opportunities and constraints, wildlife and educational opportunities, a review of the existing topographic and other conditions, and the location of the desired park features with GPS. Following information gathering, Preliminary Design will proceed and drawings will be developed detailing a site plan including earthwork, trails, site amenities, plantings, river access and non-access, and the details of all water features. Once complete, Preliminary Design will be followed by a thorough review with county staff at all levels of planning, facilities and construction management, and also with the Restoration Committee for compliance with the Master Plan and the Conservation Easement, where we will gather their comments and any corrections. Construction Documents will be the final task where the agreed -3- "~'• upon design is taken to a level appropriate for final budget building, funding -~ determinations, and bidding for construction. • The end product of the objective and tasks is a valid budget and construction documents suitable for validating proposals and proceeding to construction. 4. Likelihood of Implementation The success of the planning effort for Phase II Design will be evident in the adherence to, and any possible enhancement of, the Master Plan and the Conservation Easement. The implementation of the planning and design related to this grant application will proceed immediately upon grant approval and execution. The County matching funds are earmarked and available to proceed. The County is anxious to complete design and planning so that we are in a position to move forward with construction to begin Phase II in 2008. The Eagle River Preserve has been a long term project for the County and several years have already, and will continue to be, invested in its' development. Nearly $13M has already been invested in the project including the cost of the land. Tipping fees have been the source of funding the Preserves' actual hard cost development to date, where upwards of $700K have been generated through 2007. These tipping fees, expressly earmarked in our budget process for the Preserve, will be generated again in 2008. Not knowing precisely what the tipping fees will amass to in 2008, the County plans to stretch these dollars as far as they will reach toward the build out of Phase II. Once we have a sound budget, we will be in a position to organize the various work scopes in a manner to gain flexibility in isolating elements of the work to match available tipping fee revenues and we will advance that portion of the work for which funding is on hand in 2008 through an added scope of work to our existing Design/Build Agreement. We expect tipping fees will accumulate at the same pace in 2008 as they did in 2007 and anticipate we will generate the needed build-out capital for Phase II. Should these revenues not reach as far as hoped; staff will request additional funding from the Board of County Commissioners in the Capital Improvement Funding Process for 2009 to finish the project. Eagle County is committed to completing this project and we have partners throughout the community helping to support and advance the project. 5. Catalyst and Demonstration Value Eagle County has other large parcels of land available for development of parks and open space. Master Plans have already been developed for some and others are planned. Staff is continually learning and growing, developing expertise at the process of bringing major park and recreation facilities to reality. The development of the Preserve has expanded staff experience significantly in working closely with the community, the Land Trust, Open Space, and within our own organization to achieve these goals. -4- ~'~, It is also hoped that the Preserve will set an example to other locations within our -~" community, and other communities as well, to reclaim mining or other damaged properties in order to enhance their quality of life and to preserve our natural heritage. The restoration effort will send a message to our community that we are dedicated to preserving our natural heritage and protecting the wildlife and delicate habitat for generations to follow. It is our hope others will learn from, be inspired by, and follow our lead in setting this example. 6. Leveraging of Funds While Eagle County is proposing a 25°lo match to the Planning Grant requested herein, please note as iterated throughout this application, there has been nearly $13M invested in the Preserve to date by the County and through our community partners. As we grow anxious to make the entire park a reality, we hope to take advantage of grant opportunities such as this to every degree possible. In this way we can reserve our precious tipping fee revenue dollars for the actual construction of the park features. The 25% match is available, dedicated from tipping fees already accumulated, and committed to the match set forth in the project budget. 7. Partnership and Support Again, partnership and support for this project is tremendous. Over 1,000 citizens ~ ~'~ contributed a total of $6M in funds through the Vail Valley Foundation to match .~~' funds with Eagle County to purchase the property for $12M in 2005. The Vail Valley Foundation continues to pledge further support through funding activities and personal service. The Restoration Committee provides guidance and support through their vast and varied experience and dedication to the stewardship of the Preserve. Periodic progress meeting are held between the County and the Restoration Committee in order to partner and align on the development of the Preserve. The Restoration Committee members have personally contributed in many ways, by donating things such as fencing materials and architectural services, and they are promising future support for trail enhancements and additional park planting. Community involvement is tremendous for this project. The County often receives requests from groups and organizations seeking community service opportunities and, when appropriate with their skills, we strive to make a match with the needs of the Preserve. Once we have the major construction activities and heavy equipment work accomplished we will be able to tap into these opportunities to even greater degree. The Eagle County Youth Corp. has already worked on the Preserve removing the historic ranch fencing and will be returning in 2008 to help with new fencing improvements. Letters of support for the Eagle River Preserve follow. ~~;~ J 5 EXHIBIT E Signed Resolution Eagle County Eagle River Preserve -Phase II Design Log #08428 Commissioner ~-UC,b~.. i moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO 4° RESOLUTION NO. _ ~, ~J RESOLUTION APPROVING AND RATIFYING RESOLUTION AUTHORIZING EAGLE COUNTY TO MAKE APPLICATION TO THE STATE BOARD OF GREAT OUTDOORS COLORADO TRUST FUND PROJECT AGREEMENT WITH ITS TERMS AND CONDITIONS FOR SUBMITTING A GRANT APPLICATION TO INCLUDE SITE AMENITIES AT THE EAGLE RIVER PRESERVE PROJECT. WHEREAS, Eagle County Colorado ("County") is a political subdivision of the State of Colorado duly organized and existing pursuant to the laws and the Constitution of the Sate; and WHEREAS, the Board of County Commissioners ("Boazd"), verifies support for the grant acceptance for Eagle River Preserve Project; and WHEREAS, the Boazd verifies that the County has the capability and agrees to take responsibility for maintenance of the project after completion; and WHEREAS, the Board verifies that this 72-acre parcel was purchased in September of 2005 by Eagle County; and WHEREAS, the Board verifies that the County has the ability, expertise and capital appropriated for the funding match to complete the design of Phase II NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That, the Boazd hereby approves and ratifies in all respects the Grant Awazd and the attached resolution dated September ~, 2008. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of September, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Clerk to the Bo ~ ~ w" ' ~ qc..b~ - ti By: Commissioner ~ S~ having been called, the vote was as follows: seconded adoption of the foregoing resolution. The roll Commissioner Runyon ~ `~ Commissioner Menconi c. H Commissioner Fisher ti The Resolution passed by / ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. commissioner Sara Fish r Commissioner ~E EXHIBIT F FINAL REPORT - PROJECT EXPENDITURE DOCUMENTATION Eagle County Eagle River Preserve -Phase II Design Z,R Final Report - ( j, Project Expenditure Documentation GREA"~ OU"("DOORS COLORADO Contact Name and Number: Contract/Grant Number: 08428 Project Title: Eagle River Preserve -Phase II Design Project Cost ~ Final Total Project Cost: $ (Attach documentation to support these numbers Total Matching Funds: $ and reflect all funds spent to complete the project.) Original GOCO Grant: $ Received to Date: $ Final Payment Request*: $ Total GOCO Funds: $ * When considering the amount to request for the final payment, please remember that GOCO may reduce its award if the final total project cost is less than the original estimate. Financial and Other Documentation i Enclose copies of the original approved budget and a final budget (see attached sample) reflecting projected vs. actual expenses, to which the following certification must be added and signed: "All documentation submitted in this report reflects only those items which conform to the project description". ^ Include only project-related expenses in your report. If necessary, break out project expenses from non-project expenses when an invoice ot` payment incorporates both. ^ Reflect the matching and in-kind resources described in the project application. ^ Attach invoices or purchase orders for all cash expenditures, being sure to label each invoice to a matching proof of payment and expense category on the budget. ^ Enclose cancelled checks or certified accounting statement that tie directly to the invoices or purchase orders. ^ For in-kind matching funds, attach an invoice or letter from a vendor stating what the service would normally cost. ^ For in-kind labor, attach a list of the number of staff hours spent on each component, along with an hourly rate and total. Include documentation to support all costs, including time cards and payroll sheets. ~~4'ork Plan On a separate page, please address the items in Sections I, II, and III below. I. Project Objectives/Tasks ^ List the project objectives and/or the tasks to be accomplished for this project (using those you listed in your application), and describe the status of each objective and/or task. If any objectives or tasks were added, omitted, or changed from the original application, please explain. (Please note that budget information should correlate to the project objectives and tasks listed here.) II. Products/End Results ^ List the final products resulting from your project and attach a copy of each. For example, final products might include: 1. a parks and recreation plan; 2. a strategic plan for land trust; or 3. prioritization criteria for open space acquisitions. ^ If one of the products includes a new or modified plan, describe whether all local governments, land trust boards or other appropriate organizations have adopted the plan. If so, describe when implementation will begin and the funding sources that will be used to implement the plan. If not, please explain. III. Project Impact ^ Describe how the planning or capacity building project has helped to advance parks and recreation, open space, and/or trails preservation and enhancement in your community. ^ Describe any unanticipated benefits or challenges of the project. ,--- ~.~: A~ _.~~ Great Outdoors Colorado Budget Form -Planning/Capacity Building Projects (Projected v. Actual Sources and Uses) Sources of Fui':ds* Date GOCO GOCO Applicant Applicant Parhier Partner Total Secured Award Actual Projected Actual Projected Actual CASH Partner Partner Partner Partner IN-KIND (itemize) Professional Services: (List types of service being provided) • Legal • Facilitation • Printing Donated Materials Other (specify) Total Sources of Funds * Sample only -sources of funds may include, but are not limited to, the above categories. Be sure to identify funding from each partner separately. Page 1 of 2 ~~ v:R~, ~'s~wuo' 3 ._.= ~ Uses of Fu,:ds* Date GOCO GOCO Applica„t Applicant Part,:er Partner Total Used Projected Actual Projected Actual Projected Actual Consultants (List types of service being provided) Staff time (List types of staff time provided) Map and Report Production Public Meetings Travel Telephone/fax Publication and Copies Other (specify) Total Uses of Funds * Sample only -uses of funds may Include, but are not limited to, the above categories. * Uses of funds section should identify specific tasks undertaken by either consultants or staff. For example, facilitation, inventory, draft master plan, etc. * Please note that GOCO will require the grantee to link invoices and receipts to the budget categories listed here. For this reason, please be sure that expenditures can be linked to budget categories. If the applicandpartner matches drop during the course of the project, GOCO's contribution may drop proportionately. Page 2 of 2 EXHIBIT G OVERDUE GRANTS POLICY OVERDUE GRANTS POLICY Board Adopted 12/12/01 CLASSIFICATION DEADLINE PROCEDURE Grant is current, and original Reminder Letter: due date is applicable GOCO Staff ("Staff') may Staff may, but is not required to send a certified letter ("Reminder Letter") to the "Grantee" (as defined in the Grant Agreement) renundin the G t f h send letter 60 days before the "due date" as defined in Gr t g ran ee o t e due date as defined in the Grant Agreement. Staff also may, but is not required to send copies of the Reminder Letter to the an Agreement. project manager, partners, and pertinent elected officials. Failure to complete the project by the original due date (or by any extended due dates authorized by GOCO as provided below) may result in deauthorization of the grant by the GOCO Board ("Board") at its next scheduled ti mee ng or at the next quarterly Board discussion of overdue grants, and may also result in suspension of eligibility for that applicant in any pending or future grant cycles. Grant is current, and original due date is applicable, but Staff Extension: Must be requested by Grantee If the Grantee desires an extension of the original due date, then within 30 days after the date of the Reminder Letter or i Grantee would like an extension within 30 days after date of Reminder Letter or in an , n any event not later than 30 days prior to the original due date, Grantee shall send via certified mail a written request addressed to the Executive Director of GOCO " , y event not later than 30 days rior t ri i l (the Executive Director") for an extension of time that shall not exceed 90 days ("Request for Staff Extension"). The Request for Staff Extension shall include specific reas p o o g na due date ons for the requested extension. Staff shall have the discretion to grant one extension but for no , more than 90 days, if they conclude the request is reasonable and warranted. If the Request for Staff Extension is untimely, but is nonetheless received before the original due date, the Staff will have the discretion t d t u o e ern ne whether the request for extension can be considered. Staff shall notify the Grantee in writing as soon as practicable of the decision to grant or deny the request for extension. In the event that Grantee desires an extension of more than 90 days, Grantee shall forego the Staff Extension and apply for a Board E t i x ens on as provided below. ~, ~ - r CLASSIFICATION llEADLINE PROCEDURE Grant is current and either (i) original due date has been extended by Staff and Grantee desires a further extension from Board or (ii) Grantee elects to forego Staff Extension in favor of seeking Board extension ~~ Grant is overdue (e.g., the original due date or extended Due Date(s) have passed) GOCO Board Extension: Must be requested by Grantee (i) 30 days prior to expiration of Staff Extension; or (ii) if foregoing Staff extension, then within 30 days of expiration of original due date Possible Deauthorization: Staff will send Deauthorization Warning within 60 days following the original due date or extended Due Date(s) If the Grantee desires an additional extension (or in the event Grantee elects to forego a Staff Extension in favor of seeking a Board Extension), then Grantee shall send via certified mail addressed to the Executive Director, no later than 30 days prior to the (i) expiration of the Staff Extension or (ii) original due date (in the event Grantee has elected to forego a Staff Extension), a written request of the Board for an extension of time ("Request for $oard Extension"). The Request for Board Extension shall include specific reasons for the requested additio~ial extension. The Request for Board Extension may be considered by the Board at its next scheduled meeting or at the next quarterly Board discussion of overdue grants. In the meantime, as long as a timely request for extension is pending, the grant will not be considered overdue. The Board shall have the sole discretion to grant or deny the requested extension. If the Request for Board Extension is untimely, Staff shall have the discretion as to whether to present the untimely request to the Board for consideration. If the Board grants an extension that exceeds six months, a status report must be provided by the Grantee to the Board at the halfway point in the extension. If the status report fails to demonstrate to the Board's satisfaction the likelihood Grantee can complete the project in accordance with the Grant Agreement and with such further conditions as shall have been determined by the Board in connection with the grant of an extension to Grantee, then the following Deauthorization procedures may be instituted. The Staff shall notify the Grantee in writing as soon as practicable of the Board's decision to grant or deny the request for extension. If Grantee has not fulfilled all GOCO requirements such that funding of the GOCO grant award is completed in accordance with the terms of the Grant Agreement by the original due date or any extended due date(s) as granted by GOCO pursuant to the terms hereof, a certified letter ("Deauthorization Warning") will be sent to Grantee by Staff as soon as practicable, but no later than 60 days after the applicable due date has passed. A copy of the Deauthorization Warning may, but is not required to be sent to the project manager, partners, and pertinent elected officials associated with the grant. The Deauthorization Warning will state that the grant shall be presented to the Board for deauthorization or other appropriate action at the next scheduled Board meeting or quarterly Board discussion of overdue grants, and that the Grantee must respond in writing to the Deauthorization Warning at least 14 days before such Board meeting. If the reply to the Deauthorization Warning includes a Request for Board Extension but is untimely because it is received by the Executive Director less than 14 days before such Board meeting, Staff will have the discretion to deternune whether the request for extension can be considered. At such meeting, the Board shall have the sole discretion to deauthorize the grant, extend the Due Date or take any other action it deems appropriate, including but not limited to 4 '-,.' ~'s -. ~'3m3:3~ CLASSIFICATION DEADLINE PROCEDURE modifying the terms and conditions of the grant award. Staff shall notify the Grantee in writing as soon as practicable of the Board's decision. If an extension is not granted, a written Notice of Deauthorization will be sent to the Grantee. If the Board extends' a grant far six months or more, then the Grantee must provide the Board with a written status report at the halfway point in the extension. If the status report fails to demonstrate to the Board's satisfaction the likelihood Grantee can complete the project in accordance with the Grant Agreement and with such further conditions as shall have been determined by the Board in connection with the grant of an extension to Grantee, then the foregoing Deauthorization procedures will be reinstituted. Any unexcused failure to respond to a Deauthorization Warning will result in an automatic deauthorization of the grant and will result in suspension of eligibility for that applicant in any pending or future grant cycles. Anything else to the contrary notwithstanding, no exercise by the Staff or Board of any right or discretion reserved by either of them hereunder shalt be deemed an election, and no waiver by the Staff or Board of any action or requirement of Grantee shall constitute a waiver of any other requirements or actions, nor shall any waiver granted be deemed a continuing waiver. No waiver by the Staff or Board shall be effective unless in writing executed by them. Additionally, any failure by the Staff or Board to take any actions as set forth above shall have no legal effect on the contractual duties of the grantee under the Grant Agreement.