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HomeMy WebLinkAboutC21-059 Eagle River Watershed CouncilAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EAGLE RIVER WATERSHED COUNCIL THIS AGREEMENT (“Agreement”) is effective as of ________________ by and between Eagle River Watershed Council, a Colorado nonprofit corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, Contractor has agreed to provide services and opportunities to help protect the natural environment; and WHEREAS, these funds support Contractor’s general operating expenses, restoration projects, coordination of the Eagle River Cleanup and Community Pride Highway Cleanup, Water Quality Monitoring & Assessment Program, and the Eagle River Watershed Council’s community education programs and other programs (the “Project”) based out of the Eagle River Watershed Council office at 461 Railroad Avenue, Gypsum, Colorado (the “Property”); and WHEREAS, the parties acknowledge and agree that the Services (defined below) promote the health, safety and welfare of the people of Eagle County and are intended to provide services that could otherwise be performed by County directly; and WHEREAS, Contractor has elected to perform the Services on its own and County has, therefore, elected to compensate Contractor to perform the Services for the public to fulfill an important public purpose; and WHEREAS, compensation paid by County to Contractor enables Contractor to perform the Services for the public and County shall have no responsibility for the performance of the Services; and WHEREAS, County desires to enter into this Agreement with Contractor for the performance of the Services to the public which will directly support and sustain a healthy, environmentally and economically vital and socially diverse community; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1.Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A (“Services” or “Work”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6 2/25/2021 C21-059 2 Service Award Agreement 2021 a. Contractor agrees to furnish the Services and reports or other information required by County in accordance with the schedule established in Exhibit A. If no schedule is specified in Exhibit A, then Contractor agrees to furnish the Services to the public in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County’s Representative. The County’s designee shall be the Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 31st day of December, 2021. County makes no representations concerning the possibility of future Agreements with Contractor and Contractor should not rely on this Agreement being extended or renewed in the future. 4. Modifications. Any amendments or modifications shall be in writing signed by both parties. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $90,000. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor either revise the invoice or provide additional information. To ensure proper payment, all invoices must be in .pdf format delivered via email to Maureen Mulcahy (maureen.mulcahy@eaglecounty.us). b. If, prior to payment of compensation or reimbursement for Services but after submission to County of a request therefore by Contractor, County reasonably determines that payment as requested would be improper because the Services were not performed as prescribed by the provisions of this Agreement, the County shall have no obligation to make such payment. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement or purposes for which payment was made were misrepresented, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. No additional services or work performed by Contractor shall be the basis for additional compensation. DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6 3 Service Award Agreement 2021 d. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense insurance appropriate for the type of Services it provides to the public. Such insurance may include, but not be limited to, workers compensation insurance as required by law; automobile coverage; commercial general liability or professional liability coverage. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. 8. Indemnification, Governmental Immunity and No Third Party Beneficiaries. a. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, any negligence or willful malfeasance on the part of the Contractor in performing the Services; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. b. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. c. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties and not to any third party. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party any right to claim damages or to bring any suit, action or other proceeding in connection with the Agreement. The parties acknowledge that the Services could otherwise be performed by the County but County has instead determined to provide financial support through compensation as set forth in paragraph 5. Such compensation by County enables Contractor to perform the Services for the public and County shall have no responsibility therefor. Because Contractor is delivering the Services to the public and not Eagle County, the public shall have no rights under this Agreement and may not make any claim against County in connection with this Agreement. DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6 4 Service Award Agreement 2021 9. Documents. Documents and materials prepared by Contractor during the term of this Agreement shall be provided to County upon request and County shall have the right at no additional cost, to copy, use, re-use, publish, display, the documents and materials and prepare derivative works. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Maureen Mulcahy 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8816 Facsimile: 970-328-8788 E-Mail: maureen.mulcahy@eaglecounty.us With Copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: Eagle River Watershed Council Attention: Holly Loff 461 Railroad Avenue, Gypsum, CO 81637 PO Box 1477 Gypsum, CO 81637 Phone: 970-827-5406 E-Mail: loff@erwc.org 11. Termination. Either party may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefore with seven (7) calendar days’ prior written notice to the other party. County shall pay Contractor only for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6 5 Service Award Agreement 2021 electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contactor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. b. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. Nothing contained in this Agreement shall be deemed to create a relationship of employer- employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. d. Contractor shall comply with any and all applicable laws, codes, rules and regulations and that is personnel are duly licensed, if required, to perform the Services in Colorado. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. h. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. i. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. j. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. k. Contractor acknowledges that it is prohibited from using Eagle County funds to provide certain public benefits to undocumented individuals pursuant to C.R.S. 24.76.5-101 et. seq. DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6 6 Service Award Agreement 2021 l. Contractor shall comply at all times and in all respects with all applicable federal, state and local laws, resolutions and codes; and specifically, with the requirements of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act concerning discrimination on the basis of race, color, gender, sex, sexual orientation, age, religion, national origin or disability. m. Contractor shall maintain, for a minimum of three (3) years, adequate financial and programmatic records for reporting to County on the performance of its responsibilities hereunder. Contractor shall be subject to financial audit by county auditors or their designees. Contractor authorizes County to perform audits or to make inspections during normal business hours, upon 48 hours’ notice to Contractor for the purpose of evaluation its performance under this Agreement. Contractor shall cooperate fully with County. n. The recitals set forth above are incorporated herein by reference. 15. Prohibitions on Government Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: https://www.uscis.gov/e-verify c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6 7 Service Award Agreement 2021 ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR: EAGLE RIVER WATERSHED COUNCIL By:________________________________ Print Name: Holly Loff Title: Executive Director DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6 8 Service Award Agreement 2021 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES, REPORTING REQUIREMENTS 1. SCOPE OF SERVICES a. CONTRACTOR SHALL PERFORM OR PROVIDE THE FOLLOWING SERVICES OR PROGRAMS TO THE PUBLIC: i. Participation and Expertise on Community Initiatives ($25,000). Support of strategic priorities allows us to participate actively as a stakeholder in projects and events that may impact our rivers. We offer critical, unbiased expert participation and guidance to efforts, serving as the voice for the river, riparian ecosystems and water quality. Examples of strategic priorities include, but are not limited to, source water protection planning for municipalities throughout the county; seeking Wild & Scenic Rivers designation for Deep Creek; participating in the Upper Colorado River Wild & Scenic Stakeholder Group; and serving on the Eagle County Wildfire Council. The Watershed Council also responds to land use proposals through participation in land use planning review. A number of foundations, the Land & Rivers Fund, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, the Town of Avon, several corporations, individuals and Watershed Council board members provide the financial support necessary for participation in these activities. ii. Restoration Projects ($25,000). Eagle River Watershed Council coordinates numerous restoration projects throughout the Eagle Valley each year, which vary in size, scope and location. In 2021, Eagle River Watershed Council plans to utilize funding from Eagle County to support the following restoration projects. The funds from the county will be disbursed among the following projects as they are needed, and not necessarily in equal measure. ● Upper Colorado/Eagle River Invasive Vegetation Mitigation Project - This project aims to contain the spread of highly-invasive, non-native vegetation species, specifically targeting tamarisk and Russian olive, but to also include other noxious weeds as well. Removal of these aggressive species benefits wildlife and the public alike by improving water quality, restoring native riparian habitat, reducing wildfire fuel and access-limiting overgrowth and restoring degraded and saline-rich soils. In 2021, the acres of vegetation treated and/or removed will be measured using photo points and ArcGIS mapping software. Other noxious weeds will be cataloged and photographed and weed infestation data will be shared with the Colorado Department of Agriculture's Noxious Weed Program, through the EDDMapS system, in coordination with Doug Riggins, the Eagle County Vegetation Manager. ● Edwards (Villas at Bret Ranch) Bank Stabilization and Sustainable Trail System Project - Due to the continued vandalization of river restoration efforts and the removal of bank stabilizing vegetation, as well recreation use issues in a wetland area during a seasonal closure, the Watershed Council will continue to work with the community to design a trail system with maps, gates, signage (interpretive and closure), revegetation and possibly cameras. In 2021, an area use map will be created and an overall trail system plan will be developed. ● US Forest Service project - The Watershed Council will continue to work with the US Forest Service on a project to reduce erosion and sediment in the Wearyman Creek watershed on Shrine Pass. In 2021, a plan for the next phase of this complex and multi- phased project will be completed. We are also currently in discussions with the US Forest Service regarding the installation of an aquatic organism passage structure in the French DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6 9 Service Award Agreement 2021 Creek area. The passage would combat erosion issues caused when the current culvert cannot handle high volumes of water during runoff and protect sensitive trout species from predatory species that are currently able to move upstream unchecked. ● Brush Creek Valley Ranch and Open Space - The Watershed Council will work with Eagle County Open Space staff to identify and prioritize stream restoration project needs at Brush Creek Valley Ranch and Open Space. By the end of 2021, we will have a scope of work for the first project drafted. ● Grizzly Creek Fire Recovery – The Watershed Council will support efforts to develop an overall recovery plan for the burn area and will work collaboratively to complete one or more seeding projects. ● Riverwalk Riparian Restoration project - The Watershed Council will create a riparian area restoration plan that addresses stormwater runoff concerns and revegetates a heavily trafficked area. Local residents will be engaged to address view corridor and access concerns. ● Weed Warriors of Eagle River Valley - Four invasive vegetation mitigation projects will be completed in 2021. ● Small-scale volunteer projects - Four single-day projects will be completed in the county, each utilizing volunteers for on-the-ground work. These projects typically involve social trail closures and noxious weed removals and are separate from other projects listed. ● The Black Gore Creek Steering Committee is a group coordinated by the Watershed Council to monitor the annual removal of highway traction sand on Vail Pass and limit its impacts on Black Gore Creek. Additionally, the Watershed Council is engaged in the Stream and Wetland Ecological Enhancement Program (SWEEP) Issue Task Force for the I-70 West Vail Pass Auxiliary Lanes project. In 2021, the Watershed Council will hold a meeting with the steering committee and will coordinate the monitoring effort. iii. Community Pride Highway Cleanup ($2,500) & Eagle River Cleanup ($2,500) (total=$5,000). The coordination of two of the largest annual cleanup events in Eagle County requires event marketing and planning, volunteer recruitment and management of a total of more than 1,300 volunteers. During a typical Highway Cleanup in the spring, 12 tons of trash is collected along 140 miles of highways by the volunteers. River Cleanup teams cover about 70 miles of river each fall. In 2021, the Thank You BBQs usually following the Cleanups will not be held, due to COVID-19 restrictions, but the cleanup portion of the events will continue, with adjustments for the protection of human health. The popular events build community throughout the Eagle Valley, giving participants a feeling of ownership in maintaining our environment. Beautifying the valley in late spring in time for the arrival of summer guests, removing trash and other pollution from our rivers at the end of the summer tourist season, the cleanups play important roles in maintaining the clean mountain experience. Eagle County’s continued support of these events displays the strategic collaborations needed to meet the county’s environmental stewardship initiatives. The funds received from sponsorship of these events support the work of the Watershed Council throughout the year. Additional support comes from local businesses, individuals, corporations, clubs, foundations and municipalities. iv. Water Quality Monitoring & Assessment Program ($10,000). This program coordinates water quality and biological data collection by numerous entities in the Eagle River watershed. The program provides a central and easily-accessible repository for the data and ensures that data collection is not duplicative and that there are no gaps in the monitoring effort. Funding supports coordination of data collectors, data analysis, annual reporting to stakeholders and the community, the maintenance of a shared database and the production of an annual report card that offers a graphical interpretation of the data. DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6 10 Service Award Agreement 2021 Support comes from Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, Homestake Partners (Aurora and Colorado Springs), Vail Resorts Management Company, Crave Real Estate, the Towns of Gypsum, Eagle, Avon, Minturn and Vail and the Colorado River Water Conservation District. v. Community Education Programs ($15,000). The education programs offered by the Watershed Council have grown significantly in recent years, reflecting the community need to better understand the local watershed and threats to river health. These programs include: ● Eagle Mine Committee - The Watershed Council utilizes this technical committee to take a strategic approach to the ongoing cleanup of the Eagle Mine Superfund site. The committee, which is overseen by the Watershed Council staff/board, reviews technical reports from the EPA and CDPHE and submits comments as necessary. Additionally, the Watershed Council distills the information within the reports into layman’s terms and shares the information with the public. Furthermore, the Watershed Council organizes public meetings regarding the Eagle Mine. ● RiverWatch - The Watershed Council has coordinated a RiverWatch team that collects data regarding quantities of heavy metals in the Eagle River, downstream of the Eagle Mine, for years, but as monitoring efforts made by partners have increased, this monitoring is no longer necessary. However, RiverWatch monitoring would be of benefit in the Town of Eagle, both above and below new developments located along Brush Creek. In 2021, the Watershed Council will move the RiverWatch sampling sites from south of Minturn to Eagle, begin collecting the data and will work to recruit local youth to assist with the efforts. ● The Watershed Immersions series (formerly known as Watershed Wednesdays) – This program, which is aimed at connecting the community to our watershed, will be offered at least six times in 2021, in a variety of formats. These events will engage participants in education regarding a variety of water-related topics, allow for exposure to new experiences on or near the river and support stewardship of local water resources. Due to COVID-19, these programs may be offered virtually or with modifications to group size. ● Workshops - The Watershed Council offers workshops (half and full day) during which participants learn from experts about river-focused topics and leave with supplies and/or skills that help them adapt their own practices and reduce their impacts on the watershed. In 2021, we are planning a landscaping workshop and a rain barrel workshop. ● The Eagle River Water Festival is an educational event held annually in the fall. All 5th grade students in Eagle County are bussed to the event where they learn through engaging activities about all things water. Lesson topics include: river safety, fly casting, fly tying, river bug identification, water filtration and treatment, the science of buoyancy and algae through a microscope, among others. The Watershed Council is prioritizing flexibility in planning the 2021 event, although we hope to hold it in-person. We are working with water festival organizers throughout the state to develop a program that local teachers can use easily in the classroom, in the event that COVID-19 is still causing limitations in the fall. ● Inaugural landscaping contest – This new contest, aimed at stirring the conversation around xeriscaping and drought-tolerant landscapes, is in the planning process for 2021. This campaign will be a social media-based educational contest that gives local homeowners an opportunity to win a free overhaul of their yard to reduce their water usage and in turn, create a healthier Eagle River. ● Eagle River Watershed Council will continue to publish a monthly e-newsletter, distributed to more than 1,300 people, and a monthly column in the Vail Daily. DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6 11 Service Award Agreement 2021 Additional education funding also comes from private foundations, Eagle River Water & Sanitation District (which underwrites the filming of Watershed Wednesday event by High 5 Access Media) and individual donations. vi. Urban Runoff ($10,000). In 2021, the Watershed Council will relaunch the Urban Runoff Group, which works to identify and implement strategies for water quality protection throughout the valley. Also, in 2021, the Watershed Council will launch a community education program that will raise awareness of stormwater pollutants, how our behavior affects the rivers and landscaping practices that minimize impacts to local streams. Anticipated work that will be completed in 2021 related to the Urban Runoff Group includes, but is not limited to, organizing a relaunch of the Urban Runoff Group and drafting an Urban Runoff Group action plan. Eagle County’s support of Eagle River Watershed Council will be recognized with the Eagle County logo on collateral and advertising for the Community Pride Highway Cleanup on May 1 and the Eagle River Cleanup, scheduled for September 11. Additionally, Contractor will recognize Eagle County’s support on project collateral at volunteer events and on social media. b. CONTRACTOR SHALL COMPLY WITH THE FOLLOWING SCHEDULE OR MILESTONES IN PERFORMANCE OF THE SERVICES: The aforementioned services will be provided throughout the year. 2. PAYMENT The services provided above will be provided for a total of $90,000. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. The Contractor shall invoice the County quarterly. All invoices shall include detail regarding tasks performed and the associated staff hours spent, with the agreed hourly rate of $45, and total billed amount for each task and such other detail as County may request. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor either revise the invoice or provide additional information. 3. CONTRACTOR SHALL BE REQUIRED TO SUBMIT THE FOLLOWING REPORTS TO COUNTY: The Contractor shall submit an annual report to Eagle County demonstrating that the services outlined in the scope of work were provided satisfactorily in accordance with the terms of this agreement. The County shall authorize final payment only if the Contractor adequately demonstrates satisfactory performance. Said report and final invoice shall be submitted no later than December 15, 2021. DocuSign Envelope ID: 1014FAA4-AD97-4DF3-9F5D-2B9E05D4A9A6