HomeMy WebLinkAboutC15-039 State of Colorado Grant Agreement (2015-2848) Routing#15-TRLG-76702
CORE ID#2015*2848
STATE OF COLORADO
Department of Natural Resources,
Division of Parks and Wildlife
Grant Agreement
with
Eagle County Government
TABLE OF CONTENTS
1.PARTIES 1
2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY. 1
3.RECITALS 1
4.DEFINITIONS 2
5.TERM and EARLY TERMINATION. 3
6. STATEMENT OF WORK 3
7.PAYMENTS TO GRANTEE 4
8.REPORTING-NOTIFICATION 4
9. GRANTEE RECORDS 5
10. CONFIDENTIAL INFORMATION-STATE RECORDS 6
11.CONFLICTS OF INTEREST 6
12.REPRESENTATIONS AND WARRANTIES 7
13.INSURANCE 7
14.BREACH 8
15.REMEDIES 9
16.NOTICES and REPRESENTATIVES 10
17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE 11
18. GOVERNMENTAL IMMUNITY 11
19. STATEWIDE GRANT MANAGEMENT SYSTEM 11
20. GENERAL PROVISIONS 12
21.COLORADO SPECIAL PROVISIONS 14
22. SIGNATURE PAGE 16
23. STATEMENT OF WORK EXHIBIT A
24.BUDGET EXHIBIT B
25. SUPPLEMENTAL PROVISIONS FOR FEDERALLY FUNDED CONTRACTS EXHIBIT C
26.ASSURANCES EXHIBIT D
27.PERFORMANCE MONITORING EXHIBIT E
1. PARTIES
This Grant Agreement(hereinafter called"Grant") is entered into by and between Eagle County
Government, PO Box 850,Eagle, CO 81631 (hereinafter called"Grantee"), and the STATE OF
COLORADO acting by and through the Department of Natural Resources,Division of Parks and Wildlife
(hereinafter called the"State"or"CPW").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee(hereinafter called the"Effective Date").The State shall not be liable to pay or
reimburse Grantee for any performance hereunder, including,but not limited to costs or expenses incurred,
or be bound by any provision hereof prior to the Effective Date.
3. RECITALS
A. Authority,Appropriation, and Approval
Authority to enter into this Grant exists in 33-10-107 C.R.S. and funds have been budgeted,
appropriated and otherwise made available and a sufficient unencumbered balance thereof remains
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available for payment.Required approvals,clearance and coordination have been accomplished from
and with appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
The construction of 3,700 feet out of the 2.3 mile Gypsum to Dotsero Trail Project in accordance with
the Project description as outlined in Exhibit A.
D. References
All references in this Grant to sections(whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments contained
herein or incorporated as a part hereof,unless otherwise noted.
E. Federal Funds
This project is funded up to 100%by the Federal Government,through the Federal Highways
Administration 12300 W.Dakota Ave, Suite 180,Lakewood, CO 80228 (CFDA#20.219) and is
subject to and contingent upon the continuing availability of federal funds for the purposes hereof. The
Grantee shall comply with all applicable federal statues,regulations,policies, guidelines, OMB
Circulars and other requirements, including as they relate to the application, acceptance and use of
federal funds..
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Budget
"Budget"means the budget for the Work described in Exhibit A.
B. Evaluation
"Evaluation"means the process of examining Grantee's Work and rating it based on criteria established
in§6, Exhibit A,and Exhibit B.
C. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A(Statement of
Work),Exhibit B(Budget), Exhibit C(Supplemental Provisions for Federally Funded Contracts,
Grants, and Purchase Orders), Exhibit D (Assurances),and Exihibit E(Performance Measures).
D. Goods
"Goods"means tangible material acquired,produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
E. Grant
"Grant"means this Grant, its terms and conditions,attached exhibits, documents incorporated by
reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or
references incorporated herein pursuant to Colorado State law,Fiscal Rules, and State Controller
Polidies.
F. Grant Funds
"Grant Funds"means available funds payable by the State to Grantee pursuant to this Grant.
G. Party or Parties
"Party"means the State or Grantee and"Parties"means both the State and Grantee.
H. Program
"Program"means the State Trails grant program that provides the funding for this Grant.
I. Revile w
"Review"means examining Grantee's Work to ensure that it is adequate,accurate, correct and in
accordance with the criteria established in§6,Exhibit A,and Exhibit B.
J. Services
"Services"means the required services to be performed by Grantee pursuant to this Grant.
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K. Subgrantee
"Subgrantee"means third-parties, if any, engaged by Grantee to aid in performance of its obligations.
L. Work
"Work"means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit A., including the performance of the Services and delivery of the Goods.
M. Work Product
"Work Product"means the tangible or intangible results of Grantee's Work, including,but not limited
to, software,research,reports, studies,data,photographs,negatives or other finished or unfinished
documents, drawings,models, surveys,maps, materials, or work product of any type, including drafts.
5. TERM and EARLY TERMINATION
A. Initial Term-Work Commencement
The Parties respective performances under this Grant shall commence on the Effective Date. This Grant
shall terminate on December 31,2016 unless sooner terminated or further extended as specified
elsewhere herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided in§16,may unilaterally
extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a
replacement Grant(and not merely seeking a term extension)at or near the end of any initial term or
any extension thereof.The provisions of this Grant in effect when such notice is given, including,but
not limited to prices,rates,and delivery requirements, shall remain in effect during the two month
extension.The two-month extension shall immediately terminate when and if a replacement Grant is
approved and signed by the Colorado State Controller.
6. STATEMENT OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or
before December 31, 2016. The State shall not be liable to compensate Grantee for any Work performed
prior to the Effective Date or after the termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by
the State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees'
employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a
result of this Grant.
D.Federal Regulations
The Contractor shall comply with all applicable federal statues,regulations,policies, guidelines,OMB
Circulars and other requirements, including as they relate to the application, acceptance and use of
federal funds for this federally assisted Project including,but not limited to, Office of Management and
Budget Circulars A-87,A-102, and A-133.
E.Federal Audit
The Office of Management and Budgets(OMB)Circular No.A-133 Audits of States,Local
Governments, and Non-Profit Organizations defines audit requirements under the Single Audit Act of
1996 (Public Law 104-156). All Non-Federal entities expending$500,000 or more from all sources
(direct or from pass-through entities)are required to have a single audit under the circular. The OMB
defines Federal financial assistance within the scope of the circular as assistance received or
administered in the form of grants, cooperative agreements,loans, loan guarantees,property(including
donated surplus property), interest subsidies, insurance, food commodities,direct appropriations and
other assistance. The Circular also requires pass-through entities to monitor the activities of sub-
recipients and ensure that sub-recipients meet the audit requirements.
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7. PAYM NTS TO GRANTEE
The Stat shall, in accordance with the provisions of this §7,pay Grantee in the following amounts and
using th methods set forth below:
A. Ma 'mum Amount
The aximum amount payable under this Grant to Grantee by the State is$140,174.00, as determined
by t e State from available funds. Grantee agrees to provide any additional funds required for the
succ ssful completion of the Work.Payments to Grantee are limited to the unpaid obligated balance of
the rant as set forth in Exhibit A and Exhibit B.The maximum amount payable by the State to
Grantee during each State fiscal year of this Grant shall be:
B. Payalent
i. Advance,Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit A and Exhibit B shall comply with
State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit.
Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner
set forth and approved by the State.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by Grantee previously accepted by the State.Uncontested amounts not paid by
the State within 45 days may, if Grantee so requests,bear interest on the unpaid balance beginning on
the 46th day at a rate not to exceed one percent per month until paid in full; provided,however,that
interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall
invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the
delinquent payment,the number of day's interest to be paid and the interest rate.
iii. Available Funds-Contingency-Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State's current
fiscal year.Therefore, Grantee's compensation is contingent upon the continuing availability of State
appropriations as provided in the Colorado Special Provisions, set forth below.If federal funds are
used with this Grant in whole or in part,the State's performance hereunder is contingent upon the
continuing availability of such funds. Payments pursuant to this Grant shall be made only from
available funds encumbered for this Grant and the State's liability for such payments shall be limited
to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or
otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in
whole or in part without further liability in accordance with the provisions herein.
iv. Erroneous Payments
At the State's sole discretion,payments made to Grantee in error for any reason, including,but not
limited to overpayments or improper payments, and unexpended or excess funds received by Grantee,
ma be recovered from Grantee by deduction from subsequent payments under this Grant or other
Gr nts, grants or agreements between the State and Grantee or by other appropriate methods and
col ected as a debt due to the State. Such funds shall not be paid to any person or entity other than the
Sta e.
C. Use f Funds
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Grantee may
adjust budgeted expenditure amounts up to 10%within each line item of said Budget without approval
of the State. Adjustments in excess of 10% shall be authorized by the State in an amendment to this
Grant.The State's total consideration shall not exceed the maximum amount shown herein.
D. Matching Funds
Grantee shall provide matching funds as provided in Exhibit A and Exhibit B. Grantee shall have
raised the full amount of matching funds prior to the Effective Date and shall report to the State
regarding the status of such funds upon request.
8. REPORTING-NOTIFICATION
Reports,Evaluations,and Reviews required under this§8 shall be in accordance with the procedures of and
in such form as prescribed by the State and in accordance with§19, if applicable.
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A. Performance,Progress,Personnel, and Funds
State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing
an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations
hereunder.In addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit
A and Exhibit B.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or administrative
agency,related to this Grant or which may affect Grantee's ability to perform its obligations hereunder,
Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal
representative as identified herein. If the State's principal representative is not then serving, such notice
and copies shall be delivered to the Executive Director of CPW.
C. Performance Outside the State of Colorado and/or the United States
Following the Effective Date, Grantee shall provide written notice to the State, in accordance with§16
(Notices and Representatives),within 20 days of the earlier to occur of Grantee's decision to perform,
or its execution of an agreement with a Subgrantee to perform, Services outside the State of Colorado
and/or the United States. Such notice shall specify the type of Services to be performed outside the State
of Colorado and/or the United States and the reason why it is necessary or advantageous to perform
such Services at such location or locations. All notices received by the State pursuant to this§8.0 shall
be posted on the Colorado Department of Personnel &Administration's website.Knowing failure by
Grantee to provide notice to the State under this§8.0 shall constitute a material breach of this Grant.
D. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in accordance with this§8
may result in the delay of payment of funds and/or termination as provided under this Grant.
E. Subgrants
Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all subgrants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal
and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make,keep,maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make,keep,maintain,and allow inspection and monitoring by the State of a complete file
of all records,documents, communications,notes and other written materials, electronic media files, and
communications,pertaining in any manner to the Work or the delivery of Services(including,but not
limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records(the
Record Retention Period)until the last to occur of the following: (i) a period of three years after the date
this Grant is completed or terminated, or(ii)final payment is made hereunder,whichever is later, or(iii)
for such further period as may be necessary to resolve any pending matters, or(iv)if an audit is
occurring,or Grantee has received notice that an audit is pending,then until such audit has been
completed and its findings have been resolved(the"Record Retention Period").
B. Inspection
Grantee shall permit the State,the federal government and any other duly authorized agent of a
governmental agency to audit,inspect, examine, excerpt, copy and/or transcribe Grantee's records
related to this Grant during the Record Retention Period for a period of three years following
termination of this Grant or final payment hereunder,whichever is later,to assure compliance with the
terms hereof or to evaluate Grantee's performance hereunder.The State reserves the right to inspect the
Work at all reasonable times and places during the term of this Grant, including any extension. If the
Work fails to conform to the requirements of this Grant,the State may require Grantee promptly to
bring the Work into conformity with Grant requirements, at Grantee's sole expense.If the Work cannot
be brought into conformance by re-performance or other corrective measures,the State may require
Grantee to take necessary action to ensure that future performance conforms to Grant requirements and
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exer ise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such
con ctive measures.
C. Mo itoring
Gra tee shall permit the State,the federal government, and other governmental agencies having
juris iction, in their sole discretion,to monitor all activities conducted by Grantee pursuant to the terms
oft s Grant using any reasonable procedure,including,but not limited to: internal evaluation
proc dures, examination of program data, special analyses, on-site checking,formal audit examinations,
or a y other procedures.All monitoring controlled by the State shall be performed in a manner that shall
not nduly interfere with Grantee's performance hereunder.
D. Final Audit Report
If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this
Grant,Grantee shall submit a copy of the final audit report to the State or its principal representative at
the address specified herein.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee$hall comply with the provisions of this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes,but is not necessarily limited
to, state records,personnel records, and information concerning individuals.
A. Confidentiality
Grantee shall keep all State records and information confidential at all times and to comply with all laws
and regulations concerning confidentiality of information. Any request or demand by a third party for
State records and information in the possession of Grantee shall be immediately forwarded to the State's
principal representative.
B. Notification
Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with
State records and confidential information that each is subject to the confidentiality requirements set
forth herein, and shall provide each with a written explanation of such requirements before they are
pernitted to access such records and information.
C. Use,'Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by
Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State.
Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records
and other confidential information wherever located. Confidential information shall not be retained in
any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing
by thie State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee,the State or their respective agents. Grantee shall
inderhnify, save, and hold harmless the State, its employees and agents,against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees and related costs,
incurred as a result of any act or omission by Grantee, or its employees,agents, Subgrantees, or
assignees pursuant to this §10.
11. CONFLICTS OF INTEREST
Grantee Shall not engage in any business or personal activities or practices or maintain any relationships
which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee
acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the
State's interests.Absent the State's prior written approval, Grantee shall refrain from any practices,
activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's
obligatio s to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a
conflict r the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure
statemen setting forth the relevant details for the State's consideration.Failure to promptly submit a
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disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach
of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each of which was relied on by the
State in entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill
and diligence in the industry,trades or profession and in the sequence and manner set forth in this Grant.
B. Legal Authority—Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all
actions required by its procedures,by-laws, and/or applicable laws to exercise that authority, and to
lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind
Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's
authority to enter into this Grant within 15 days of receiving such request.
C. Licenses,Permits,Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance,permits, and
other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall
maintain all necessary licenses, certifications,approvals, insurance,permits, and other authorizations
required to properly perform this Grant, without reimbursement by the State or other adjustment in
Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant
shall hold all required licenses or certifications, if any,to perform their responsibilities. Grantee,if a
foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants
that it currently has obtained and shall maintain any applicable certificate of authority to transact
business in the State of Colorado and has designated a registered agent in Colorado to accept service of
process. Any revocation,withdrawal or non-renewal of licenses,certifications, approvals,insurance,
permits or any such similar requirements necessary for Grantee to properly perform the terms of this
Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this
Grant.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times
during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a"public entity" within the meaning of the Colorado Governmental Immunity Act,CRS
§24-10-101, et seq.,as amended(the"GIA"), then Grantee shall maintain at all times during the term
of this Grant such liability insurance,by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State,if
requested by the State. Grantee shall require each Grant with Subgrantees that are public entities,
providing Goods or Services hereunder,to include the insurance requirements necessary to meet
Subgrantee's liabilities under the GIA.
ii.Non-Public Entities
If Grantee is not a"public entity" within the meaning of the GIA, Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the same requirements set forth
in§13(B)with respect to Subgrantees that are not "public entities".
B. Grantee and Subgrantees
Grantee shall require each Grant with Subgrantees,other than those that are public entities,providing
Goods or Services in connection with this Grant,to include insurance requirements substantially similar
to the following:
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i.Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance
covering all of Grantee and Subgrantee employees acting within the course and scope of their
employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage,independent contractors,products and
cortrpleted operations,blanket contractual liability,personal injury, and advertising liability with
mirtimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c)
$1,000,000 products and completed operations aggregate; and(d) $50,000 any one fire. If any
aggregate limit is reduced below$1,000,000 because of claims made or paid, Subgrantee shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a
certificate or other document satisfactory to Grantee showing compliance with this provision.
iii. Automobile Liability
Automobile Liability Insurance covering any auto(including owned,hired and non-owned autos)with
a Minimum limit of$1,000,000 each accident combined single limit.
iv. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability and
Automobile Liability Insurance policies(leases and construction Grants require additional insured
coverage for completed operations on endorsements CG 2010 11/85, CG 2037,or equivalent).
v. Priiiacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance
program carried by Grantee or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal without
at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in
accprdance with§16(Notices and Representatives) within seven days of Grantee's receipt of such
notice.
vii. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of
recovery,under subrogation or otherwise, against Grantee or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
C. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to
the State within seven business days of the Effective Date of this Grant.No later than 15 days prior to
the errpiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or
Gran ee certificates of insurance evidencing renewals thereof. In addition,upon request by the State at
any ther time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall,within
10 d ys of such request, supply to the State evidence satisfactory to the State of compliance with the
prow' ions of this§13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant,the failure of either Party to perform
any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner,
constitutes a breach. The institution of proceedings under any bankruptcy,insolvency,reorganization or
• similar law,by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any
of its property,which is not vacated or fully stayed within 20 days after the institution or occurrence
thereof, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach,notice of such shall be given in writing by the aggrieved Party to the other
Party in the manner provided in§16. If such breach is not cured within 30 days of receipt of written
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notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30
days and pursued with due diligence,the State may exercise any of the remedies set forth in§15.
Notwithstanding anything to the contrary herein,the State, in its sole discretion,need not provide
advance notice or a cure period and may immediately terminate this Grant in whole or in part if
reasonably necessary to preserve public safety or to prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant,the State shall have all of the remedies listed in
this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and
cure period set forth in§14(B). The State may exercise any or all of the remedies available to it, in its sole
discretion, concurrently or consecutively.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure
its completion in accordance with the provisions of this Grant and in a timely manner,the State may
notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter
fails to promptly cure such non-performance within the cure period,the State,at its option,may
terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to
properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations
hereunder. Grantee shall continue performance of this Grant to the extent not terminated,if any.
i. Obligations and Rights
To the extent specified in any termination notice,Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all
Work, Services and Goods not cancelled by the termination notice and may incur obligations as are
necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to
the State all of Grantee's right,title, and interest under such terminated orders or subcontracts.Upon
termination,Grantee shall take timely,reasonable and necessary action to protect and preserve
property in the possession of Grantee in which the State has an interest. All materials owned by the
State in the possession of Grantee shall be immediately returned to the State.All Work Product, at the
option of the State, shall be delivered by Grantee to the State and shall become the State's property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after
termination by the State, it is determined that Grantee was not in breach or that Grantee's action or
inaction was excusable, such termination shall be treated as a termination in the public interest and the
rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public
interest, as described herein.
iii.Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State
for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the
State may withhold any payment to Grantee for the purpose of mitigating the State's damages,until
such time as the exact amount of damages due to the State from Grantee is determined.The State may
withhold any amount that may be due to Grantee as the State deems necessary to protect the State,
including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the
State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for
excess costs incurred by the State in procuring from third parties replacement Work, Services or
substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly,and/or Courts. If this Grant ceases to
further the public policy of the State,the State, in its sole discretion,may terminate this Grant in whole
or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations
hereunder.This subsection shall not apply to a termination of this Grant by the State for cause or breach
by Grantee, which shall be governed by§15(A) or as otherwise specifically provided for herein.
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i. Method and Content
The State shall notify Grantee of such termination in accordance with§16.The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Grant.
ii. Ob gations and Rights
Up n receipt of a termination notice, Grantee shall be subject to and comply with the same obligations
an rights set forth in§15(A)(i).
iii. Pa ments
If t 's Grant is terminated by the State pursuant to this§15(B), Grantee shall be paid an amount which
beaks the same ratio to the total reimbursement under this Grant as the Services satisfactorily
performed bear to the total Services covered by this Grant, less payments previously made.
Additionally, if this Grant is less than 60%completed,the State may reimburse Grantee for a portion
of actual out-of-pocket expenses(not otherwise reimbursed under this Grant)incurred by Grantee
which are directly attributable to the uncompleted portion of Grantee's obligations hereunder;
provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to
Grantee hereunder.
C. Remedies Not Involving Termination
The State,in its sole discretion,may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or
performance schedule. Grantee shall promptly cease performance and incurring costs in accordance
with the State's directive and the State shall not be liable for costs incurred by Grantee after the
suspension of performance under this provision.
ii.Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and
completed.
iii.Deny Payment
Deny payment for those obligations not performed,that due to Grantee's actions or inactions, cannot
be performed or, if performed,would be of no value to the State;provided,that any denial of payment
shall be reasonably related to the value to the State of the obligations not performed.
iv.Removal
Demand removal of any of Grantee's employees,agents, or Subgrantees whom the State deems
incompetent, careless,insubordinate,unsuitable, or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright,trademark,trade secret or other intellectual property right
while performing its obligations under this Grant, Grantee shall, at the State's option(a)obtain for the
State or Grantee the right to use such products and services; (b)replace any Goods, Services,or other
product involved with non-infringing products or modify them so that they become non-infringing; or,
(c)if neither of the foregoing alternatives are reasonably available,remove any infringing Goods,
Services,or products and refund the price paid therefore to the State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required
to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to
such Party's principal representative at the address set forth below. In addition to,but not in lieu of a hard-
copy notice,notice also may be sent by e-mail to the e-mail addresses,if any, set forth below.Either Party
may from time to time designate by written notice substitute addresses or persons to whom such notices
shall be sent.Unless otherwise provided herein,all notices shall be effective upon receipt.
Page 10 of 16
I
A. State:
Melanie Gose
Department of Natural Resources
Division of Park and Wildlife
13787 S.Hwy. 85
Littleton, CO 80125
Melanie.gose @state.co.us
B. Grantee:
Ellie Caryl
Eagle County Government, ECO
Trails Department
PO Box 1070
Gypsum, CO 81637
Ellie.caryl @eaglecounty.us
17. RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE
Any software,research,reports, studies,data,photographs, negatives or other documents, drawings,models,
materials, or Work Product of any type,including drafts,prepared by Grantee in the performance of its
obligations under this Grant shall be the nonexclusive property of the State and,all Work Product shall be
delivered to the State by Grantee upon completion or termination hereof.The State's exclusive rights in
such Work Product shall include,but not be limited to,the right to copy,publish,display,transfer, and
prepare derivative works.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary,nothing herein shall constitute a waiver, express or
implied, of any of the immunities,rights,benefits,protection, or other provisions of the Colorado
Governmental Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to
persons or property arising from the negligence of the State of Colorado, its departments, institutions,
agencies,boards, officials, and employees is controlled and limited by the provisions of the Governmental
Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended.
19. STATEWIDE GRANT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective
Date or at anytime thereafter,this §19 applies.
Grantee agrees to be governed, and to abide,by the provisions of CRS §24-102-205, §24-102-206, §24-103-
601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and
inclusion of Grant performance information in a statewide Grant management system.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules,Policies and
Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration
process and Grantee's performance will be systematically recorded in the statewide Grant Management
System. Areas of Evaluation and Review shall include,but shall not be limited to quality, cost and
timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant
shall be determined by the specific requirements of such obligations and shall include factors tailored to
match the requirements of Grantee's obligations. Such performance information shall be entered into the
statewide Grant Management System at intervals established herein and a final Evaluation,Review and
Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following
each performance Evaluation and Review, and shall address or correct any identified problem in a timely
manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder,the Executive Director of the Colorado Department
of Personnel and Administration(Executive Director),upon request by the CPW,and showing of good
Page 11of16
cause,may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final
Evaluation,Review and Rating by: (a) filing rebuttal statements,which may result in either removal or
correction of the evaluation(CRS §24-105-102(6)), or(b)under CRS §24-105-102(6), exercising the
debarm t protest and appeal rights provided in CRS §§24-109-106, 107,201 or 202,which may result in
the reve sal of the debarment and reinstatement of Grantee,by the Executive Director,upon a showing of
good ca se.
20. GENE PROVISIONS
A. Assi nment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or
subgranted without the prior, written consent of the State. Any attempt at assignment,transfer, or
subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by
Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all
aspects of subgranting arrangements and performance.
B. Binding Effect
Except as otherwise provided in§20(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives,
successors,and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and shall not be used to
interpret, define,or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written,are merged herein.Prior or contemporaneous
additions,deletions, or other changes hereto shall not have any force or effect whatsoever,unless
embodied herein.
F. Indemnification-General
Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees and related
costs, incurred as a result of any act or omission by Grantee,or its employees, agents, Subgrantees, or
assigpees pursuant to the terms of this Grant; however,the provisions hereof shall not be construed or
interpreted as a waiver, express or implied, of any of the immunities,rights,benefits,protection, or
other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal
Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable,as now or hereafter amended.
G. Juri$diction and Venue
All s its, actions,or proceedings related to this Grant shall be held in the State of Colorado and
exch sive venue shall be in the City and County of Denver.
H. Modification
i. By the Parties
Except as specifically provided in this Grant,modifications of this Grant shall not be effective unless
agreed to in writing by the Parties in an amendment to this Grant,properly executed and approved in
accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller
Policies, including,but not limited to,the policy entitled MODIFICATIONS OF CONTRACTS -
TOOLS AND FORMS.
ii.By peration of Law
Thi Grant is subject to such modifications as may be required by changes in Federal or Colorado
Sta e law, or their implementing regulations.Any such required modification automatically shall be
inc rporated into and be part of this Grant on the effective date of such change, as if fully set forth
her in.
Page 12 of 16
N
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including,but not limited to,those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents
in the following order of priority:
i. Exhibit C,FFATA Provisions;
ii. Colorado Special Provisions;
iii. The provisions of the main body of this Grant;
iv. Exhibit A, Statement of Work;
v. Exhibit B,Budget;
vi. Exhibit D,Assurances;
vii.Exhibit E,Performance Monitoring,
J. Severability
Provided this Grant can be executed and performance of the obligations of the Parties accomplished
within its intent,the provisions hereof are severable and any provision that is declared invalid or
becomes inoperable for any reason shall not affect the validity of any other provision hereof.
K. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary,provisions of this Grant requiring continued
performance, compliance, or effect after termination hereof, shall survive such termination and shall be
enforceable by the State if Grantee fails to perform or comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32(No. 84-730123K) and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such
exemptions apply when materials are purchased or services rendered to benefit the State;provided
however, that certain political subdivisions(e.g.,City of Denver)may require payment of sales or use
taxes even though the product or service is provided to the State. Grantee shall be solely liable for
paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties,and
not to any third party. Any services or benefits which third parties receive as a result of this Grant are
incidental to the Grant,and do not create any rights for such third parties.
N. Waiver
Waiver of any breach of a term,provision,or requirement of this Grant, or any right or remedy
hereunder,whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of
any subsequent breach of such term,provision or requirement, or of any other term,provision, or
requirement.
O. CORA Disclosure
To the extent not prohibited by federal law, this Grant and the performance measures and standards
under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act,
CRS §24-72-101, et seq.
P. Assurances
Grants receiving federal funds after October 1, 2010 must comply with the federal assurances. The
Grantee must comply with the assurances to be eligible to receive federal funds, as outlined in Exhibit
D.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 13 of 16
21. COLO O SPECIAL PROVISIONS
These S ecial Provisions apply to all Grants except where noted in italics.
A. 1. C NTROLLER'S APPROVAL. CRS §24-30-202(1).
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
desi ee.
B. 2.F D AVAILABILITY. CRS §24-30-202(5.5).
Fina cial obligations of the State payable after the current fiscal year are contingent upon funds for that
purptise being appropriated,budgeted,and otherwise made available.
C. 3. GOVERNMENTAL IMMUNITY.
No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied,of
any of the immunities,rights,benefits,protections, or other provisions, of the Colorado Governmental
Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671
et seq.,as applicable now or hereafter amended.
D. 4.INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent contractor and not as an employee.Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee and its employees and agents are not entitled to unemployment insurance or workers
compensation benefits through the State and the State shall not pay for or otherwise provide such
coverage for Grantee or any of its agents or employees.Unemployment insurance benefits will be
available to Grantee and its employees and agents only if such coverage is made available by Grantee or
a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local
head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied,to
bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee
shall(a)provide and keep in force workers'compensation and unemployment compensation insurance
in the amounts required by law, (b)provide proof thereof when requested by the State,and(c)be solely
responsible for its acts and those of its employees and agents.
E. 5. COMPLIANCE WITH LAW.
Grantee shall strictly comply with all applicable federal and State laws,rules, and regulations in effect
or hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. 6. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this grant.Any provision included or incorporated herein by reference
whic}i conflicts with said laws,rules, and regulations shall be null and void.Any provision incorporated
hereih by reference which purports to negate this or any other Special Provision in whole or in part shall
not be valid or enforceable or available in any action at law,whether by way of complaint, defense, or
otherwise.Any provision rendered null and void by the operation of this provision shall not invalidate
the r4mainder of this Grant,to the extent capable of execution.
G. 7.BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any
provision to the contrary in this Grant or incorporated herein by reference shall be null and void.
H. S. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Grant shall not be used for the acquisition,operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use
of pu lic funds.If the State determines that Grantee is in violation of this provision,the State may
exer 'se any remedy available at law or in equity or under this Grant,including,without limitation,
imm diate termination of this Grant and any remedy consistent with federal copyright laws or
appli able licensing restrictions.
Page 14of16
I. 9.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS 24-18-201 and 24-
50-507.
The signatories aver that to their knowledge,no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall
not acquire any interest, direct or indirect,that would conflict in any manner or degree with the
performance of Grantee's services and Grantee shall not employ any person having such known
interests.
J. 10.VENDOR OFFSET.CRS §§24-30-202 (1)and 24-30-202.4.
[Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4(3.5),the State
Controller may withhold payment under the State's vendor offset intercept system for debts owed to
State agencies for: (a)unpaid child support debts or child support arrearages; (b)unpaid balances of tax,
accrued interest,or other charges specified in CRS §39-21-101, et seq.; (c)unpaid loans due to the
Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the
Unemployment Compensation Fund; and(e) other unpaid debts owing to the State as a result of final
agency determination or judicial action.
K. 11. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101.
[Not applicable to agreements relating to the offer, issuance,or sale of securities, investment advisory
services or fund management services,sponsored projects,intergovernmental agreements, or
information technology services or products and services]Grantee certifies,warrants,and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this Grant and
will confirm the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Grant,through participation in the E-Verify Program or the
State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or
contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee
that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal
alien to perform work under this Grant. Grantee(a) shall not use E-Verify Program or State program
procedures to undertake pre-employment screening of job applicants while this Grant is being
performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee
has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under
this Grant,(c) shall terminate the subgrant if a Subgrantee does not stop employing or contracting with
the illegal alien within three days of receiving the notice, and(d) shall comply with reasonable requests
made in the course of an investigation,undertaken pursuant to CRS §8-17.5-102(5),by the Colorado
Department of Labor and Employment. If Grantee participates in the State program, Grantee shall
deliver to the granting State agency, Institution of Higher Education or political subdivision, a written,
notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and
shall comply with all of the other requirements of the State program. If Grantee fails to comply with any
requirement of this provision or CRS §8-17.5-101 et seq.,the granting State agency, institution of
higher education or political subdivision may terminate this Grant for breach and, if so terminated,
Grantee shall be liable for damages.
L. 12.PUBLIC GRANTS WITH NATURAL PERSONS. CRS§24-76.5-101.
Grantee, if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty
of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq.,and(c)has produced one
form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant.
SPs Effective 1/1/09
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 15 of 16
22. SIGNATURE PAGE
Routing#15-TRLG-76702
CORE ID#2015*2848
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
*Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that
the State is relying on their representations to that effect.
GRANTEE STATE OF COLORADO
Eagle County Government
John W.Hickenlooper,Governor
Department of Natural Resources
y �MMike King,Executive Director
By: K � t.�ri�U>1>� �'l�z dv IG ll By: 'I\2'^- � �.
Title: A i141-4U1-AA Title:
•
Ai 41■•
` *Signature . *Signature
Date: 1O 61 I Date: z Z5
J 15_
2nd Grantee Signature if Needed LEGAL REVIEW
John W. Suthers,Attorney General
By: By: / "
Signature-Assistant Attorney General
Title:
Date:
*Signature
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Grants.This Grant is not valid until signed and dated below
by the State Controller or delegate.Grantee is not authorized to begin performance until such time.If Grantee begins
performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or
services provided hereunder.
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
By:
Susan Borup,DNR ontroller
Date: 3/J/27/$
Page 16 of 16
Exhibit A: Scope of Work
Section 2 — Large Application— Selection Criteria
LARGE APPLICANT INFORMATION
Applicant or Organization Name: Eagle County Government, ECO Trails Department
Mailing Address: PO Box 1070, Gypsum, CO 81637; PO Box 850, Eagle, CO 81631
Applicant Lead Contact Name: Ellie Caryl Title: Trails Program Manager
Telephone: 970-328-3523 Email: ellie.caryl @eaglecounty.us Is this the primary contact for
this grant: X YES NO
OFFICIAL USE ONLY— DUNS # (IF REQUIRED): dJgoa yq7
PROJECT MANAGER (this person will have day-today responsibility'for the project)
Name: Ellie Caryl, ECO Trails Program Manager
Mailing Address: PO Box 1070, Gypsum, CO 81637
Telephone:970-328-3523 Email: ellie.caryl @eaglecounty.us
PRIMARY PARTNER INFORMATION (IF APPLICABLE)
Name: Town of Gypsum
Mailing Address: PO Box 130, Gypsum, CO 81637
Partner Contact Name: Jeff Shroll Title: Town Manager
Telephone: 970-524-7514 Email: jeff @townofgypsum.com Is this the primary contact for
this grant: X YES NO
ABOUT THE PROJECT
Project Title: Gypsum to Dotsero Trail Phase II
Grant Request: $140,174.00 Required Match: $60,074.40
Percent of overall match (% of total project cost):
Total Project Cost: $200,248.00 30%
Percent of cash match Is this project part of the Colorado Front Range
(% of total project cost): $60,074.40 — 30% Trail: YES X NO
Does this trail connect to a regional trail system? X YES NO
If yes which system: Eagle Valley Regional Trail System
Project Description:
The grant will fund construction of 3,700 feet of the 2.3 mile Gypsum to Dotsero Trail Project. The
trail will be 10 feet wide and asphalt paved. The trail project will connect the communities of
Gypsum and Dotsero for transportation and recreation. The trail route is located near the Eagle
River and directly connects to four BLM river access site and one Eagle County open space
parcel. The project is "shovel ready" with permits, studies and construction plan in place. This
trail project is part of the larger effort to complete a 63 mile long trail from Vail Pass, Red Cliff and
Exhibit A: Scope of Work
Section 2 — Large Application— Selection Criteria
Glenwood Canyon, and is part of the State's goal to create trail systems that connect the state
and provide for a range of user groups. The trail will be available 4-season as a walking and
biking rote, plus has numerous improved fishing access points.
4ititAZY
1. Provide the name/s of the property owners: Bureau of Land Management, Colorado Department of
Transportation and Eagle County
2. The trail corridor is controlled by: X Fee Simple ❑ Lease ❑ Easement X License X Right-of-Way ❑
Other
x Hiking ❑ Motorcycling x Equestrian
x Walking ', ❑ Four-Wheeling ❑ Motor Boating
x Running ❑ All-Terrain Vehicle x Paddling
x Skateboarding ❑ Snowmobiling x Accessible Access
x In-Line Skating ❑ Snowshoeing ❑ Other
x Biking [1 X-Country Skiing ❑ Other
r. o
c E.' + t � ..�^ . ". '... . R te,�_ �? y,r `, `r 4.� a �,e'° , A:;r
x Asphalt ❑ Concrete ❑ Other
C Natural ❑ Crusher Fines
A-19., f tt ui t t le®ro #` fia gt T
Nearest Town or City: Town of Gypsum, Colorado
County(ies): Eagle
Township/Range/Section: T5S 86W Sections 1-4
State Senite District#: 8
State Representative District#: 56
Acreage of new trailhead Miles of trail grooming
Miles of naw trail construction 3,700 ft/2.3 mi Miles of trail being planned
Miles of trail maintenance Miles of trail reroute
Miles of trail reconstruction Miles of inter-connecting trail
Miles of trail to be signed Other
Exhibit A: Scope of Work
Section 2 Large Application— Selection Criteria
Miles of trail restoration Other
APPLICATION CHECKLIST
Verify that this application contains all of the following required documents and the application is
in this order:
x Completed and signed Applicant Summary Form
x Letter from Governing Body
x Completed Environmental Checklist(s)
x Vicinity and Project Maps
x Photographs
x Project Budget Form
x Response to Selection Criteria Questions (a narrative provided on your own paper)
x Attachments to Selection Criteria:
x Letter from youth organization, if applicable
x Documentation supporting public process
x Documentation of opposition, if applicable
x Letters of support
biz?
Authorized Signature: Date: 10/16/14
(From applicant organization)
Printed Name and Title: Ellie Caryl, Eagle County ECO Trails Program Manager
Approved by State Parks: (64-4/14-4-4-C7 Date:
Exhibit B
Budget Form
CPW Trails Grant Total Project g($)
Source Of Funds Date Secured Total Fundin
Request Match
Eagle County ECO Tr.'Is Fund Nov.1,2014
--- Y $ 58 574.000 0
$ 58,574.00
Town of Gypsum -- $ 1,500.00 $ 1,500.00
CPW --- $ 140,174.00 $ 140,174.00
0 ®;( 1 T 144 5. ®T J DS Y,: 6" 1/ l. a.i i `a i P 4°wiV,
Quantity/Cost Total Project
CASH per Unit Qty Cost Total CPW Funds Match($) Total Funding($)
Road Base Tons 1176 $ 48.00 $ 56,448.00 $ 28,224.00 $ 28,224.00 $ 56,448.00
Asphalt Tons 678 $ 125.00 $ 84,750.00 $ 66,009.00 $ 18,741.00 $ 84,750.00
Materials Testing I Lump Sum 1 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00
Traffic Control Lump Sum 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ - $ 5,000.00
Excavation/Embank ent Lump Sum 1 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00
Equipment Rental( :ter Truck&
Compactor) Lump Sum 1 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00
Steel Drainage Pipe Linear Feet 10 $ 50.00 $ 500.00 $ 500.00 $ 500.00
Erosion Control Linear Feet 670 $ 5.00 $ 3,350.00 $ 3,350.00 $ - $ 3,350.00
Seeding Acre 0.5 $ 3,000.00 $ 1,500.00
$ 1,500.00 $ 1,500.00
Slope Rip Rap Square Feet 500 $ 100.00 $ 5,000.00
-- $ 5,000.00 $ 5,000.00
Fencing Linear Feet 200 $ 30.00 $ 6,000.00
- $ 6,000.00 $ 6,000.00
Signs and Posts Each 4 $ 50.00 $ 200.00 $ 91.00 $ 109.00 $ 200.00
713.7:.,°112:1i7- '. .:'
IN-KIND Quantity/Cost Qty Cost Total Total Funding($)
per Unit
Authorized Signature: ‘-^"" Date: 10-Dec-14
(ffom applicant organization)
Printed name and title: Ellie aryl,ECO Trails Pro:ram Manager,Eagle County Government
Authorized Signature: !MIFF Date: (91
(Trails Program) ��
Printed name and title:
Exhibit B Page 1 of 1
Exhibit C
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As
Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been
funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or
exhibits incorporated into and made a part of the contract, the provisions of these Supplemental
Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. "Award" means an award of Federal financial assistance that a non-Federal Entity receives or
administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and
development agreements (CRDA) pursuant to the Federal Technology Transfer Act
of 1986, as amended (15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal
funds by non-Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the
award is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section
1512 of the American Recovery and Reinvestment Act(ARRA) of 2009(Public Law
111-5).
1.2. "Contract" means the contract to which these Supplemental Provisions are attached and
includes all Award types in§1.1.1 through 1.1.11 above.
1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal
financial assistance, other than the Prime Recipient, and includes grantees, subgrantees,
Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does
not include Vendors.
1.4. "Data Universal Numbering System (DUNS) Number" means the nine-digit number
established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity.
Dun and Bradstreet's website may be found at: http://fedqov.dnb.com/webform.
1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
Exhibit C Page 1 of 4
III
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-
Federal entity.
1.6. "Executive" means an officer, managing partner or any other employee in a management
position.
1.7. "Federal Award Identification Number(FAIN)" means an Award number assigned by a
Federal agency to a Prime Recipient.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006(Public
Law 109-282), as amended by§6202 of Public Law 110-252. FFATA, as amended, also is
referred to as the"Transparency Act."
1.9. "Prime Recipient" means a Colorado State agency or institution of higher education that
receives an Award.
1.10. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds
awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's
support in the performance of all or any portion of the substantive project or program for which
the Award was granted.
1.11. "Subrecipient" means a non-Federal Entity(or a Federal agency under an Award or
Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to
support the performance of the Federal project or program for which the Federal funds were
awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the
Prime Recipient, including program compliance requirements. The term "Subrecipient" includes
and may be referred to as Subgrantee.
1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit
Data Universal Numbering System (DUNS) number that appears in the subrecipient's System
for Award Management (SAM) profile, if applicable.
1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded
Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and
Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from
the relevant Federal or State of Colorado agency or institution of higher education.
1.14. "System for Award Management(SAM)"means the Federal repository into which an Entity
must enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive
during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards No.
123(Revised 2005) (FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property)for the Executive exceeds$10,000.
Exhibit C Page 2 of 4
1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by§6202 of Public Law 110-252. The Transparency Act
also is referred to as FFATA.
1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions, without the necessity of either party executing any further instrument.The State of
Colorado may provide written notification to Contractor of such revisions, but such notice shall not be
a condition precedent to the effectiveness of such revisions.
3. System for Award Management (SAM)and Data Universal Numbering System (DUNS)
Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor
submits the final financial report required under the Award or receives final payment, whichever
is later. Contractor shall review and update SAM information at least annually after the initial
registration, and more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration,
and more frequently if required by changes in Contractor's information.
4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most
highly compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to
the Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives
through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)or§ 6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in
§7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct
payment shall be made to Contractor for providing any reports required under these Supplemental
Provisions and the cost of producing such reports shall be included in the Contract price. The
reporting requirements in §7 below are based on guidance from the US Office of Management and
Budget(OMB), and as such are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Contract and shall become part of Contractor's obligations under
this Contract, as provided in§2 above. The Colorado Office of the State Controller will provide
summaries of revised OMB reporting requirements at
http://www.colorado.qov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental
Provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to
new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below
Exhibit C Page 3 of 4
$25, 0 but subsequent Award modifications result in a total Award of$25,000 or more, the Award is
subje t to the reporting requirements as of the date the Award exceeds$25,000. If the initial Award
is $2 ,000 or more, but funding is subsequently de-obligated such that the total award amount falls
belo $25,000, the Award shall continue to be subject to the reporting requirements.
7. Subrcipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as
set forth below.
7.1 ToSAM. A Subrecipient shall register in SAM and report the following data elements in SAM
for each Federal Award Identification Number no later than the end of the month following the
month in which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number+4 if more than one electronic funds transfer(EFT)
account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip +4, and
Congressional District;
7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above
are met; and
7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if
criteria in§4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date
of the Contract, the following data elements:
7.2.1 Subrecipient's DUNS Number as registered in SAM. .
7.2.2 Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code +4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own or
operate in his or her name.
8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates"Award"
may include other items to be specified by OMB in policy memoranda available at the OMB
Web site; Award also will include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of
default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior
writteh notice if the default remains uncured five calendar days following the termination of the 30 day
notice period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Contract, at law or in equity.
Exhibit C Page 4 of 4
Exhibit D OMB Approval No.0348-0042
ASSURANCES
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0042),Washington, DC 20503,
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If
such is the case,you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act of
and the institutional, managerial and financial capability 1970 (42 U.S.C. §§4728-4763) relating to prescribed
(including funds sufficient to pay the non-Federal share of standards for merit systems for programs funded under
project costs) to ensure proper planning, management one of the 19 statutes or regulations specified in
and completion of the project described in this Appendix A of OPM's Standards for a Merit System of
application. Personnel Administration(5 C.F.R.900,Subpart F).
2. Will give the awarding agency,the Comptroller General of 9. Will comply with the Lead-Based Paint Poisoning
the United States and, if appropriate, the State, through Prevention Act(42 U.S.C.§§4801 et seq.)which
any authorized representative, access to and the right to prohibits the use of lead-based paint in construction or
examine all records, books, papers, or documents related rehabilitation of residence structures.
to the assistance; and will establish a proper accounting
system in accordance with generally accepted accounting 10. Will comply with all Federal statutes relating to non-
standards or agency directives. discrimination.These include but are not limited to:(a)
Title VI of the Civil Rights Act of 1964(P.L. 88-352)which
prohibits discrimination on the basis of race,color or
3. Will not dispose of, modify the use of, or change the national origin;(b)Title IX of the Education Amendments
terms of the real property title, or other interest in the site of 1972,as amended(20 U.S.C. §§16811683,and 1685-
1686),which prohibits discrimination on the basis of sex;
and facilities without permission and instructions from the (c)Section 504 of the Rehabilitation Act of 1973,as
awarding agency. Will record the Federal interest in the amended(29 U.S.C.§794),which prohibits discrimination
title of real property in accordance with awarding agency on the basis of handicaps;(d)the Age Discrimination Act
directives and will include a covenant in the title of real of 1975,as amended(42 U.S.C. §§6101-6107),which
property aquired in whole or in part with Federal prohibits discrimination on the basis of age; (e)the Drug
assistance funds to assure nondiscrimination during the Abuse Office and Treatment Act of 1972(P.L.92-255),as
useful life of the project. amended, relating to nondiscrimination on the basis of
drug abuse;(f)the Comprehensive Alcohol Abuse and
4. Will comply with the requirements of the assistance Alcoholism Prevention,Treatment and Rehabilitation Act
of 1970(P.L. 91-616),as amended, relating to
awarding agency with regard to the drafting, review and nondiscrimination on the basis of alcohol abuse or
approval of construction plans and specifications. alcoholism;(g)§§523 and 527 of the Public Health
Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee 3),
5. Will provide and maintain competent and adequate as amended, relating to confidentiality of alcohol and drug
engineering supervision at the construction site to ensure abuse patient records;(h)Title VIII of the Civil Rights Act
that the complete work conforms with the approved plans of 1968(42 U.S.C.§§3601 et seq.),as amended, relating
and specifications and will furnish progress reports and to nondiscrimination in the sale,rental or financing of
such other information as may be required by the housing;(i)any other nondiscrimination provisions in the
assistance awarding agency or State. specific statute(s)under which application for Federal
assistance is being made;and,(j)the requirements of any
other nondiscrimination statute(s)which may apply to the
6. Will initiate and complete the work within the applicable application.
time frame after receipt of approval of the awarding
agency.
7. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest,or personal gain.
Exhibit D- Page 1 of 2
11. Will comply, Or has already complied, with the requirements National Environmental Policy Act of 1969 (P.L. 91190)
of Titles II anp III of the Uniform Relocation Assistance and ' and Executive Order (EO) 11514; (b) notification of
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) violating facilities pursuant to EO 11738; (c)protection of
which provide for fair and equitable treatment of persons wetlands pursuant to EO 11990; (d) evaluation of flood
displaced or whose property is acquired as a result of hazards in floodplains in accordance with EO 11988; (e)
Federal and federally-assisted programs. These assurance of project consistency with the approved State
requirements epply to all interests in real property acquired management program developed under the Coastal
for project perposes regardless of Federal participation in Zone Management Act of 1972 (16 U.S.C. §§1451 et
purchases. seq.); (f) conformity of Federal actions to State (Clean
Air) Implementation Plans under Section 176(c) of the
12. Will comply wih the provisions of the Hatch Act(5 U.S.C. Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
§§1501-1508 and 7324-7328) which limit the political seq.); (g) protection of underground sources of drinking
activities of employees whose principal employment activities water under the Safe Drinking Water Act of 1974, as
are funded in whole or in part with Federal funds. amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species Act
13. Will comply, as applicable, with the provisions of the Davis- of 1973, as amended(P.L.93-205).
Bacon Act (4Q U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §/176c and 18 U.S.C. §874), and the Contract
Work Hours a�d Safety Standards Act(40 U.S.C. §§327333) 16. Will comply with the Wild and Scenic Rivers Act of 1968
regarding labor standards for federally-assisted construction (16 U:S.C. §§1271 et seq.)related to protecting
subagreements. components or potential components of the national wild
and scenic rivers system.
14. Will comply with flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance
(P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Historic Preservation Act
hazard area to participate in the program and to purchase of 1966, as amended(16 U.S.C.§470), EO 11593
flood insurance the total cost of insurable construction and (identification and protection of historic properties),and
the Archaeological and Historic Preservation Act of 1974
acquisition is$10,000 or more. (16 U.S.C.§§469a-1 et seq.).
15. Will comply With environmental standards which may be
prescribed pursuant to the following: (a) institution of 18. Will cause to be performed the required financial and
environmental lquality control measures under the compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No.A-133,
"Audits of States, Local Governments,and Non-Profit
Organizations."
19. Will comply with all applicable requirements of all other
Federal laws, executive orders,regulations, and policies
governing this program.
Exhibit xh bit D Page 2 of 2
Exhibit E
Performance Monitoring
Project Name: Gypsum to Dotsero Trail Phase II
Project Sponsor: Eagle County
A.) Performance Measures and Standards
• Grantee will complete 2.3 miles of the Gypsum to Dotsero Trail. The trail will be 10'
wide and asphalt paved.
B.) Accountability
• When the grantee submits a partial payment they will sign off on the invoice form
certifying that "the billing reflects only those items which conform and are
consistent with the performance measures and standards of the project
agreement."
• If the items requested for reimbursement are not consistent with the performance
measures and standards then payments may be withheld.
• If items submitted to clear an advance payment are not consistent with the
performance measures and standards then a refund of the advanced monies will be
requested.
C.) Monitoring Requirements
• Grantee will submit an annual status report through the duration of the agreement
that is due at the end of the calendar year.
• A final inspection will be conducted prior to the final payment being processed.
• If necessary, a Certificate of Project Completeness form will be used as the Final
Inspection of the project. The form will need to be signed prior to the final payment
being processed.
D.) Noncompliance Resolution
• If a conflict arises during the life of the project agreement, the steps listed below will
be taken. If a conflict cannot be resolved the issue will move through the levels until
a resolution has been reached.
1. Grantee will work with the Trails Program Assistant assigned to managing the
project.
2. If the issue cannot be resolved it will be brought to the Trails Program
Manager to try and reach a resolution.
3. If there is still a problem the issue will be brought to the Director of Colorado
Parks and Wildlife.
4. The Colorado Parks and Wildlife commission will be brought in to make a
final decision on any conflict if the issue could not be solved in the first three
steps.
i