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HomeMy WebLinkAboutC21-261 GOCO VVMTADocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 GRANT AGREEMENT Project Name: Trail Conservation Crew Project Completion Date: September 30, 2022 Great Outdoors Colorado Contract No.: 21089 PARTIES TO AGREEMENT Board/GOCO: The State Board of the Great Outdoors Colorado Trust Fund Address: 1900 Grant Street, Suite 725 Denver, CO 80203 Telephone: Contact name: (303) 226-4520 Matt Brady Grantee: Eagle County, Colorado Address: 500 Broadway P.O. Box 850 Eagle, CO 81631 Contact: Katherine King Telephone: 970-328-8697 Date: July 1, 2021 EXHIBITS Exhibit A Project Summary Exhibit B Resolution Exhibit C Approved Budget Exhibit D Approved Workplan/Timeline Exhibit E Partner Agreement Form Updated 3/2021 Page 1 of 15 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund ("GOCO" or "Board") is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the state's parks, wildlife, open space, and recreational resources. B. In 2020, GOCO created a statewide grant program pursuant to which eligible entities could apply for grants for resilient communities projects. Grantee listed above ("Grantee") submitted a detailed project application ("Project Application") that contemplates the execution of the project entitled above and described in GOCO's project summary ("Project Summary"), attached and incorporated as Exhibit A ("Project"). GOCO approved Grantee's Project Application, which is incorporated into this Agreement by reference, on March 11, 2021, subject to the execution of a detailed grant agreement. GOCO and Grantee each have on file a copy of the Project Application. C. The parties intend this agreement to be the detailed grant agreement required by GOCO ("Agreement"). AGREEMENT NOW, THEREFORE, in consideration of the parties' mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: SECTION 1 — PROJECT 1. Incorporation of Recitals. The Recitals set forth above are incorporated into this Agreement. 2. Representations and Warranties of Grantee. Grantee is a county, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. Grantee's governing body has authorized entering into this Agreement as evidenced by the resolution attached and incorporated as Exhibit B. 3. Grant and Project. GOCO awards to Grantee a grant in the amount not to exceed $166,211.00 ("Grant"), subject to the terms and conditions set forth in this Agreement. The Grant shall be used by Grantee solely to complete the Project in substantial conformity with the final plans, specifications, designs, and uses approved by GOCO. In the event of a conflict between the Project Application and the Project Summary, the parties shall resolve the conflict by mutual agreement. 4. Project Modification. Grantee shall not materially modify the Project without the prior written approval of the Executive Director of GOCO ("Executive Director") or the Executive Director's designee, such approval to be in GOCO's sole discretion. Any material modification Page 2 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 to the Project undertaken without GOCO's prior written consent may be deemed a breach of this Agreement, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as approved by the Board, Grantee will promptly so advise the Board and cooperate in good faith to seek a resolution before any further funds are advanced. 5. Grantee Efforts. Grantee agrees to use its best efforts to complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the Project. 6. Approved Budget. Grantee has completed a detailed budget that reflects all anticipated sources and uses of funds for the Project, including a detailed accounting of Grantee's anticipated direct costs associated with the Project, a copy of which is attached and incorporated as Exhibit C ("Budget"). Eligible costs are described in paragraph 9 of this Agreement. Grantee has also completed a Workplan/Timeline that reflects Grantee's anticipated dates for completing all aspects of the Project, a copy of which is attached and incorporated as Exhibit D ("Workplan/Timeline"). The Project Application contains a budget and a workplan/timeline that may not match the approved versions attached as Exhibits C and D and which, therefore, shall not be relied upon by GOCO or Grantee. Where discrepancies exist, the approved Budget and Workplan/Timeline in Exhibits C and D, respectively, shall control until such time as GOCO approves the final versions of both documents. 7. Waiver. Prior to the disbursement of funds, the Executive Director in his or her discretion may waive certain conditions set forth in this Agreement. Anything else to the contrary notwithstanding, the exercise by GOCO staff ("Staff'), the Executive Director, or GOCO of any right or discretion reserved to them under this Agreement shall not be deemed a waiver. Furthermore, no waiver by them under this Agreement shall constitute a waiver of any other requirements, actions, or conditions, nor shall any waiver granted be deemed a continuing waiver. No waiver by the Staff, the Executive Director, or GOCO shall be effective unless in writing executed by them. Additionally, any failure by the Staff, the Executive Director, or GOCO to take any actions as set forth in this Agreement shall have no legal effect on the contractual duties of Grantee. Further, no waiver with respect to this Project, Grant, or Agreement shall constitute a waiver in any other GOCO-funded project. 8. Future Funding. This Agreement and the Grant only apply to the Project specifically described in this Agreement. GOCO makes no representations regarding future funding for future phases of the Project, whether or not described in the Project Application, Project Summary, or otherwise. SECTION 2 — GRANT PAYMENT 9. Eligible Costs. The Grant and all matching funds shall be used only for the cost outlined in Exhibit C ("Budget"); these costs are eligible for reimbursement on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc.). The Grant and all matching funds may not be used to pay for any other costs deemed to be ineligible by the Board, at the Board's sole discretion. Page 3 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 10. Payment of Grant. A. Progress Payment. Grantee may opt to receive a portion of the Grant after starting but prior to completing work on the Project ("Progress Payment"). Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date ("Progress Report"). The Progress Report must be submitted using GOCO's Progress Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making a Progress Payment. Progress Payments may be submitted in two installments of 25% and shall not exceed 50% of the Grant or the maximum percentage of funds GOCO can expend for the project to date based on the program's matching requirements, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been made. B. Final Payment. Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project and its completion ("Final Report"). The Project is "complete" when all facilities, trails, or other improvements included in the GOCO-approved Project scope have been built and are ready for their intended use. The Final Report must be submitted using GOCO's Final Report form (available at www. og co.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO's review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant ("Final Payment"), subject to any reductions contemplated by any provision of this Agreement. C. GOCO Review. GOCO shall have 30 days to review any Progress Report and Final Report and respond to Grantee. D. Waivers of Liens and Claims. GOCO may, in its discretion, depending on the nature of the Project, require documentation of mechanics' lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. E. Modifications. Payment of the Grant is subject to the Project being completed with no material modifications made, except as otherwise agreed to in advance by GOCO in accordance with this Agreement. The Grant will not be increased, but GOCO may reduce the Grant if the Project changes in any way that GOCO deems material. "Material modifications" may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the size or number of recreational development components to be constructed, changes to the nature of the recreational development components to be constructed, or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. F. Net Lottery Proceeds. Payment of the Grant is also subject to GOCO's determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable, including but not limited Page 4 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 to adequate reserves, funding requirements, and/or commitments for other past, current, and future grants, and past, current, and future GOCO operating expenses and budgetary needs. 11. Withdrawal of GOCO Funding; Termination of Agreement. Anything in this Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that: A. Altered Expectations. Facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Project or the Grant as approved by GOCO infeasible or impractical; B. Material Project Changes. Material changes in the scope or nature of the Project have occurred from that which was presented in the Project Application, approved by GOCO and reflected in the Project Summary, without prior written approval of the Executive Director; C. Inaccuracies. Any statement or representation made or information provided by Grantee in the Project Application, this Agreement, the Progress Report, the Final Report, or otherwise is untrue, inaccurate, or incomplete in any material respect; D. Reporting. The results of GOCO's review of the Progress Report or the Final Report are not acceptable to GOCO; E. Conditions Precedent Not Fulfilled or Unsatisfactory. Any of the conditions precedent to funding listed in Section 3 below is not fulfilled by Grantee or is unsatisfactory to GOCO, in its sole discretion; F. Delays. The Project will not or cannot be completed by the Completion Date or any extensions granted, or delays in the implementation of the Project have occurred that make the Project impracticable in the Board's judgment; G. Costs. The Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or Grantee's matching funding are reduced; or H. Property. Title to or encumbrances against the Property are or become such that Grantee is unable to complete the Project, or the Project and/or the Property are or become unavailable for public use. SECTION 3 — CONDITIONS PRECEDENT 12. Completion Date. Grantee shall complete the Project and submit its Final Report no later than September 30, 2022 ("Completion Date"). Grantee may request an extension of the Completion Date in compliance with GOCO's Overdue Grants procedure, as may be amended from time to time by GOCO in its sole discretion. GOCO may elect to terminate this Agreement Page 5 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 and deauthorize the Grant in the event this Completion Date is not met and/or Grantee fails to comply with the Overdue Grants procedure. 13. Conditions Precedent to Funding. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Grant is expressly conditioned upon Grantee's fulfillment of all terms and conditions of this Agreement to GOCO's satisfaction in its sole discretion, including but not limited to the following: A. Matching Funds. Matching funds in the minimum amount required by GOCO policy or procedure and as set forth in the approved Budget, or as modified and approved in compliance with GOCO procedures, must have been received by Grantee, or the status of efforts to secure matching funding was disclosed and has been deemed satisfactory by Staff. Grantee shall provide evidence of matching funds as GOCO may require in its reasonable discretion. B. GOCO Policies and Procedures. The Project must comply with all of GOCO's policies and procedures, which may be amended from time to time by GOCO in its sole discretion, and must meet any special Board conditions as listed in the attached Project Summary (Exhibit A). SECTION 4 — OTHER PROVISIONS 14. Publicity and Project Information. GOCO has the right and must be provided the opportunity to use information gained from the Project; therefore, Grantee shall acknowledge GOCO funding in all news releases and other publicity issued by Grantee concerning the Project. If any events are planned in relationship to the Project, GOCO shall be acknowledged as a contributor in the invitation for the event. GOCO shall be notified of any such events 30 days in advance. Grantee shall cooperate with GOCO in preparing public information pieces, providing access to the Property for publicity purposes, and providing photos or other imagery of the Project from time to time, which GOCO reserves the right to use and duplicate in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre -approval from Grantee. Grantee shall give timely notice of the Project, its inauguration, significance, and completion to the local members of the Colorado General Assembly and members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. 15. Signa _e. Grantee shall erect one or more signs at a prominent location(s) on the Project site acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible samples of its logo to Grantee for custom signs. GOCO shall approve in advance the design of any permanent sign materially varying from the signs provided by GOCO. To obtain such approval, Grantee shall submit to GOCO plans describing the number, design, placement, and wording of signs and placards prior to completion of the Project. The Board may withhold Final Payment pending evidence of placement of permanent signage. Page 6 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 16. Liability. A. Indemnity. To the extent allowed by law, Grantee shall be responsible for and shall indemnify, defend, and hold harmless GOCO, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs (including reasonable attorneys' fees) resulting from, growing out of, or in any way connected with or incident to Grantee's performance of this Agreement. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, GOCO, its members, officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. B. No CGIA Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protections provided to GOCO under the Colorado Governmental Immunity Act as amended or as may be amended in the future (including without limitation any amendments to such statute, or under any similar statute that is subsequently enacted) ("CGIA"). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. GOCO and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of GOCO, its members, officials, agents, and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of GOCO, its members, officers, agents, and employees. C. Compliance with Regulatory Requirements and Federal and State Mandates. Grantee assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination; worker safety; local labor preferences; preferred vendor programs; equal employment opportunity; use of competitive bidding; permits; approvals; local, state, and federal regulations and environmental laws; and other similar requirements. To the maximum extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless GOCO, Executive Director, and Staff from any cost, expense, or liability for any failure to comply with any such applicable requirements. D. Nondiscrimination. During the performance of this Agreement, Grantee and its contractors, subcontractors, and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age, sex, or any other basis prohibited by local, state, or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Further, Grantee and anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting access and use of the Project. 17. Audits and Accounting Records. Grantee shall maintain standard financial accounts, documents, and records relating to the use, management, operation, and maintenance of the Project. Grantee shall retain the accounts, documents, and records related to the Project for five years following the date of disbursement by GOCO of the Grant funds, and they shall be subject Page 7 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 to examination and audit by GOCO or its designated agent during this period. While Grantee is not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the required records under this Agreement. 18. Inspection. Throughout the term of this Agreement, GOCO shall have the right to inspect the Project to ascertain compliance with this Agreement. 19. Breach. In addition to other remedies available at law or in equity, in the event that Grantee breaches any of the terms or conditions of this Agreement, GOCO shall have the following non-exclusive remedies: A. Prior to Payment of Grant. GOCO reserves the right to withdraw funding, terminate this Agreement, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. B. After Any Payment of Grant. GOCO reserves the right to seek specific performance of Grantee's obligations under this Agreement, receive reimbursement in full of any disbursements made under the Grant, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. 20. GOCO Policies and Procedures. With regard to all named GOCO policies and procedures referenced in this Agreement, Grantee acknowledges it has received a copy of the policies and procedures or otherwise has access to the documents in connection with this Agreement and is familiar with their requirements. 21. Miscellaneous Provisions. A. Good Faith. Both parties have an obligation of good faith, including the obligation to make timely communication of information that may reasonably be believed to be of interest to the other party. B. Assignment. Grantee may not assign its rights or delegate its obligations under this Agreement without the express written consent of the Executive Director, who has the sole discretion to withhold consent to assign. Any assignment shall require that, at a minimum, the assignee is eligible to receive grants from the Board and assumes Grantee's ongoing obligations under this Agreement. C. Applicable Law. Colorado law applies to the interpretation and enforcement of this Agreement. Venue for any dispute under this Agreement shall lie exclusively in the state courts of the City and County of Denver. D. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee, or other relationship between the parties other than independent contracting parties. Except as permitted under the remedies provisions of this Page 8 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 Agreement, neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party. E. Status of Grantee. The parties acknowledge that GOCO lacks the power and right to direct the actions of Grantee. Grantee acts in its separate capacity and not as an officer, employee, or agent of GOCO or the State of Colorado. F. Time is of the Essence. Time is of the essence in this Agreement. G. Survival. The terms and conditions of this Agreement, including but not limited to Grantee's obligations, shall survive the funding of the Grant and the completion of the Project. H. Fax and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement made electronically and transmitted electronically or by facsimile as if they were original signatures. I. Third -Party Beneficiary. GOCO and Grantee acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between GOCO and Grantee and that no third -party beneficiaries are intended. J. Notice. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement. K. Construction; Severability. Each party has reviewed this Agreement, and therefore any rules of construction requiring that ambiguities be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. If any provision of this Agreement is declared void or unenforceable, it shall be deemed severed from this Agreement, and the balance of this Agreement shall otherwise remain in full force and effect. L. Entire Agreement. Except as expressly provided, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made in writing and signed by the parties to this Agreement. M. Termination of the Board. If Article XXVII of the Colorado Constitution, which established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another entity, the rights and obligations of GOCO under this Agreement shall be assigned to and assumed by such other entity as provided by law, but, in the absence of such direction, by the Colorado Department of Natural Resources or its successor. Page 9 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Agreement effective as of 7/18/2021 STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND By: DocuSigned by: 5allcit, klud,V' 47FF78193BA94A2... Jackie Miller Executive Director GOCO Program Staff: Route Grant Agreement to Executive Director for signature: E DocuSi(g�ned by: ,d� l7.0ji F86A9C38F13044C... GRANTEE: EAGLE COUNTY By: DocuST ed by: G J-W 81 E7B2 Title: commissioner *NOTE* Signee should be the same individual authorized to sign the grant agreement per Grantee's resolution Page 10 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT A Project Summary Page 11 of 15 Updated 3/2021 C21-261 N 0 c0 rn 0 w U a 0 0 m r rn rn a m w U LL N a U U co O O 0 O a� c W c CO U O 0 f6 O U -0 O U 0 U O O 76 O a o 0 N u a) CL U E Q -b -a O Q +-' Z5 N Q >. f6 _ > 16 -a O" U ro 0 (�j — Q > aJ c m -c- cn Q cn E Q N cn O cn cn a +-' CB O > N +, — O O O 4- uN O +' Ln >, 0 0 0 U- r-� 0 c-I 00 m • N `~ O OU m N .� O O a N O i '� N i W O 4; U lD lD M +-+ a--+ N � a) N N LU O� L fa O w O }' O O> U m +�+ U N a) fB co .2 E a-+ E N E > Q a) N _ V'f Ln O Q O can N E Q O qA O UUla--+ N O c6 N E • — to � O — U O U i>� a E V a) -1 ocS +-1 0�U ++ c6 4-1 +O' O— boO� U O N a) U u � iW N-0 _ r b E v vi }, > aJ — a) O -0 0- OU O � ro cn � V co N Ln N O �_ •L O i cn O N c� N u-a N Q V V LU v U ,� o � N N LA c O co to co b.0 O cn c� bo 4-0 4J co N r N w w i m -W— 4 aJ M ,� E O cn — `" a) aJ +� °J a u o _ H N N� 4-1GJ u� Q O V- �>.+ U >• • x N +-+ O cn •Q C N L" 'aj > NwQ Oi u L aO °•�M o Ln i N °m C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT B Resolution Page 12 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOAICED966D2 DocuSign Envelope ID: 51857249-31 F4-4960-B9B6-D04C200A4BD6 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2021- 035 RESOLUTION AUTHORIZING ENTERING INTO THE GREAT OUTDOORS COLORADO GRANT AGREEMENT FOR THE RESILIENT COMMUNITIES GRANT WHEREAS, Eagle County supports the formation and operation of an Eagle County Trail Conservation Crew in cooperation and partnership between Eagle County and the Vail Valley Mountain Trails Alliance ("VVMTA") as detailed in their grant proposal to Great Outdoors Colorado's ("GOCO") Resilient Communities Grant Program; and WHEREAS, Eagle County and VVMTA requested approximately $166,211.00 from GOCO for its Trail Conservation Crew Program to implement its program goals; and WHEREAS, because Eagle County and VVMTA received the grant from GOCO, Eagle County will serve as the fiscal agent for the grant. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, STATE OF COLORADO THAT: THAT, the Board of County Commissioners of Eagle County, state of Colorado hereby authorizes the Chair or any other commissioner to sign the grant agreement with GOCO to act as the fiscal agent for the GOCO Resilient Communities Grant awarded to Eagle County and VVMTA. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOAICED966D2 DocuSign Envelope ID: 51857249-31 F4-4960-B9B6-D04C200A4BD6 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held June 29th , 2021. `E COV,�li O a W O CO1.0 Attest: DocuSigned by: Clerk to aeaaao... COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners By: FDocuSigned by: 1 a { S&t'w ei , Chair DocuSigned by: By: Kaffi Henry, Commissioner DocuSigned by: By: Je A"atmey, Commissioner Commissioner Chandler -Henry seconded adoption of the foregoing resolution. The question having been called the vote was as follows: Commissioner Scherr Aye Commissioner Chandler -Henry Aye Commissioner McQueeney Aye This resolution passed by 310 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT C Approved Budget Page 13 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 PROJECT BUDGET Source of Funds Date Secured GOCO Funds Applicant Funds Partner Funds Total Funding CASH GOCO Grant $166,211.00 $166,211.00 Eagle County Open Space/Vail Valley Mountain Trails Alliance Jan-21 $20,000.00 $20,000.00 USFS - Eagle -Holy Cross Ranger District Jan-21 $17,500.00 $17,500.00 Town of Vail Jan-21 $1,000.00 $1,000.00 Town of Avon Jan-21 $1,000.00 $1,000.00 Town of Eagle Jan-21 $500.00 $500.00 IN -KIND Eagle County Jan-21 $4,250.00 $4,250.00 Vail Valley Mountain Trails Alliance Jan-21 $47,400.00 $47,400.00 USFS Eagle -Holy Cross Ranger District Jan-21 $15,337.00 $15,337.00 TOTAL SOURCE OF FUNDS $166,211.00 $71,650.00 $3S,337.00 $273,198.00 CASH Use of Cash Funds # of Units Cost Per Unit GOCO Funds Applicant CumulativeFunds Partner Funds Total Funding Trail Conservation Crew - Personnel TCC Operations Manager Trail Crew and project Lead -52 weeks 1.00 $21.00 $37,935.00 $7,000.00 $44,935.00 TCC Operations Coordinator Trail Crew coordinator and field leader -28 weeks 1.00 $20.00 $25,089.00 $25,089.00 TCC Field Staff Person TCC staff person for 28 weeks 1.00 $18.00 $22,608.00 $22,608.00 TCC Field Staff Person TCC staff person for 24 weeks 1.00 $18.00 $19,419.00 $19,419.00 TCC Field Staff Person TCC staff person for 24 weeks 1.00 $17.00 $18,355.00 $18,355.00 TCC Field Staff Person TCC staff person for 24 weeks 1.00 $17.00 $18,355.00 $18,355.00 WMTA Executive Director Oversight, planning, and implementation 1.00 $35.00 $10,000.00 $6,500.00 $16,500.00 WMTA Volunteer Coordinator Coordination and scheduling of TCC with volunteers 1.00 $22.00 $5,000.00 $6,500.00 $11,500.00 Trail Conservation Crew - Equipment TCC Vehicle Vehicle for crew to drive to/from project sites 1.00 $10,000.00 $10,000.00 $10,000.00 TCC Trailer Store and haul tools to/from project sites 1.00 $4,500.00 $4,500.00 $4,500.00 Trail Conservation Crew - Supplies General Supplies General supplies to be used in the field $1,500.00 $1,500.00 TCC Uniforms Uniforms for the TCC staff $950.00 $950.00 Tools/Materials Tools & materials to execute projects in the field $3,750.00 $3,750.00 Gas/Fuel Travel to/from trailheads $3,250.00 $3,250.00 Trail Crew Training Outdoor Stewardship Leadership Classes $1,800.00 $1,800.00 Trail Conservation Crew - Outreach Marketing/Informational Materials ITrailhead outreach supplies and communication $3,700.001 $3,700.00 USE OF FUNDS - CASH SUBTOTAL $166,211.001 $20,000.00 $20,000.001 $206,211.00 IN -KIND Use of In -Kind Funds # of Units Cost Per Unit GOCO Funds Applicant CumulativeFunds Partner Funds Total Funding VVMTA Volunteers AdoptA Trail Volunteers 1,500 volunteer hours (EST) - TCC volunteers 1,500.00 $29.20 $43,800.00 $43,800.00 Mini -excavator Used for restoration and trail projects 1.00 $3,600.00 $3,600.00 $3,600.00 USFS Eagle -Holy Cross Ranger District USFS Staff Project oversight and planning 1.00 $11,837.00 $11,837.00 USFS Materials & Supplies Tools, storage, supplies, native seed, etc. 1.00 $3,500.00 $3,500.00 Eagle County Open Space Staff planning and field time 1.00 $4,250.00 $4,250.00 USE OF FUNDS - IN -KIND SUBTOTAL $51,650.00 $15,337.00 $66,987.00 Contingency - up to 10% (not required, cannot be GOCO funds) GOCO Funds Applicant Funds Cumulative Partner Funds Total Funding USE OF FUNDS - CONTINGENCY SUBTOTAL $0.00 $0.00 $0.00 TOTAL PROJECT COST 11 $166,211.001 $71,650.001 $35,337.001 $273,198.00 Remember: the Total Project Cost row must equal the Total Source of Funds row * Match requirement for the program is 10% overall based on the total project cost * C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT D Approved Workplan/Timeline Page 14 of 15 Updated 3/2021 C21-261 w c O a, a E 0 U a) (O Q U 'a a•+ a, C -a !0 � L � i N O � al fII � E a, N W N c E C U (6 w W'^ O ++ L E 0 Q O N �1 O- > ^1 Y a•+ U (a a) C L U U o N !0 0 � w _CL 0 w � U Z O O a Y E v� 0 fa 4U L .5 0 0 >� Q �1 (u 3 av Q U 1� H z O 0 m 0 v � O a�U v w t v at� c m � a V C .Q i 0 d a u F 3 w y C +_ `° •a O n E (6 U o c u O Gl £ Q- y 3 ^ w V !� ci Q LU 3 O a F" w £ p p i« :� 0 10 to �� F 'Q •p y m_ ar t L u LL '� v N oa s r+ C r .� ai no c c u c ai ns E° al u W L :; to (J C i f6 £ H E Q ._ ' Y al V oo c c m a L N c `m a, a� E L N O C U o U p F i i L o u al y c c c a i c c LL� m O .Q w oo c c �' 'O Y Q c c« a 7 a vi L w 'n i lu v 3 3 i 0 y as w to 0. CL' C ° f«0 u a a Q Q O «_ E v1 c o U « o Z « C l7 C O «' 'a ti w Q y C Q C a• v, U° H a « —_ 0" a 06 N a u m« i m *' c 7 0 ar i (A N u ° � v fi C F N O T a"i c 3 C o° (J u u w E> 60 as W u u a=o= H to 3 L y •' c 3 o > ° N ,�, v H a� w O Y y ar i_ u '� ai u E r° "Q U m y> v 3� V N •0 p a „° L Q d i w 0 c O u ° p p u O O w uai s td c 7 M N aC u o H N 0 u O l9 O « « L a N oC ii DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT E Partner Agreement Form Page 15 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3 2FCE-46A1-997B-DOA1 CED966D2 t between Eagle Count and Vail Valle Mountain Trails Alliance VVMTA Pertaini r.yccc�� 9 Y Y (VVMTA) EAGLE COUNT Agenda Item Details Meeting Jan 01, 2050 - *****Signature Workflow***** Category A. BoCC Signature Subject 5. Approval of Agreement between Eagle County and Vail Valley Mountain Trails Alliance (VVMTA) Pertaining to the Great Outdoors Colorado (GOCO) Grant for the Trail Conservation Crew Access Public Type Action (Consent) Preferred Date Jun 29, 2021 Fiscal Impact Yes Dollar Amount 166,211.00 Budgeted No Budget Source Great Outdoors Colorado Resilient Communities Grant (state grant funding) Recommended Action Approval Goals Goal 2. Eagle County is a Great Place to Live for All Goal 3. Eagle County Protects the Natural Environment Public Content Prepared By: Katherine King Department: Open Space Executive Summary: Eagle County and the Vail Valley Mountain Trails Alliance (VVMTA) partnered on a successful Resilient Communities Grant application to Great Outdoors Colorado (GOCO) to fund a Trail Conservation Crew. The $166,211 grant award will fund the work of a six -person seasonal crew across land management jurisdictions in Eagle County. The crew will perform trail maintenance and reroutes, new trail construction on Eagle County Open Space, and educate trail users about wildlife closures. As an eligible entity for GOCO funding, Eagle County has agreed to serve as the fiscal agent for the grant. The Agreement outlines VVMTA's and Eagle County's relationship and responsibilities for the Trail Conservation Crew Project. Reviewing Attorney: Holly Strablizky Approved as E�6, ocuSigned by: DocuSigned by: � SIVAI �BoCC signature?: Yes, Chair to form;Ir (6a( OWI, 6241F210E44AA..4. 444EFF6D9F7F48E... Exhibit A to ECG VVMTA Agreement—GOCO Grant Agmt.doc (96 KB) Exhibit B Eagle Co_VVMTA Agreement Grant Application.pdf (5,575 KB) C21-261 https://go.boarddocs.com/co/eagIeco/Board.nsf/goto?open&login&id=C3ZR2D6BD001 1 /2 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND VAIL VALLEY MOUNTAIN TRAILS ALLIANCE PERTAINING TO THE GREAT OUTDOORS COLORADO GRANT FOR THE TRAIL CONSERVATION CREW This Agreement ("Agreement") is made this 6/30/2021 , by and between Eagle County, Colorado, a body corporate and politic (hereinafter "County") and Vail Valley Mountain Bike Association, dba Vail Valley Mountain Trails Alliance (hereinafter "VVMTA"), a Colorado nonprofit corporation. RECITALS WHEREAS, as reflected in its February 1, 2021 letter to the Board of Directors for Great Outdoors Colorado, the Eagle County Board of County Commissioners (the "Board") supported the concept of a grant application by the VVMTA to the State Board of the Great Outdoors Colorado Trust Fund ("GOCO") to form an Eagle County Trail Conservation Crew; and WHEREAS, VVMTA submitted a project application to GOCO for a Trail Conservation Crew Project; and WHEREAS, the Trail Conservation Crew Project (the "Project") seeks to provide trail maintenance, outreach and education and wildlife closure enforcement throughout Eagle County; and WHEREAS, GOCO approved the Project Application on March 12, 2021 subject to execution of a detailed Grant Agreement (defined below); and WHEREAS, VVMTA may receive GOCO grant funds for the Project if managed through an eligible entity that is a fiscal agent for VVMTA; and WHEREAS, the County is an eligible entity and has agreed to serve as the fiscal agent under the Grant Agreement on behalf of VVMTA as part of the Project; and WHEREAS, the County and VVMTA desire to set forth their relationship in connection with GOCO grant funds for the Project. AGREEMENT NOW, THEREFORE, for good and valuable consideration as set forth herein and in the Recitals, the Parties agree as follows: C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 1. County will enter into a Grant Agreement with GOCO for the Project in the form attached as Exhibit A which is incorporated herein by reference ("Grant Agreement"). VVMTA agrees to be bound by and will perform the Project in compliance with the Grant Agreement. VVMTA agrees to perform the Project as applied for in the Project Application, as approved by GOCO, such application is incorporated herein as Exhibit B. 2. County will act as fiscal agent and, in that role, will administer funds from GOCO in accordance with the Grant Agreement on behalf of VVMTA. The GOCO grant is an amount not to exceed $166,211.00 (the "Grant Funds") and shall be used by VVMTA to complete the Project in conformity with the Project Application and the Grant Agreement. 3. GOCO bears sole responsibility for determining if terms and conditions of the grant award and Grant Agreement have been met and if funds should be dispersed to VVMTA. In the event funds are disbursed to VVMTA in advance and County or GOCO determine that the funds should not have been dispersed or have not been used in accordance with the Grant Agreement, VVMTA shall promptly reimburse County or GOCO as applicable to the extent required by the Grant Agreement. 4. The parties acknowledge that VVMTA will timely and satisfactorily perform the Project as proposed to and approved by GOCO and will timely and satisfactorily perform any other requirements imposed by GOCO all as set forth in the Grant Agreement. Those obligations shall be solely the responsibility of VVMTA, subject to this Agreement and the Project Application. See Exhibit B. VVMTA shall comply with reporting data requirements in paragraphs 10 and 12 of the Grant Agreement. Documentation of compliance with these requirements shall be provided to the County prior to payments issued to VVMTA in accordance with the Grant. 5. County will execute the Grant Agreement with GOCO as fiscal agent for VVMTA and VVMTA assumes all responsibility associated with the Grant Agreement, subject to this Agreement. 6. County has committed $10,000.00 in matching funds towards the Project. By executing this Agreement, VVMTA and County agree those funds can be spent towards the construction of a trail on the east side of Brush Creek Valley Ranch and Open Space, trail maintenance on County lands, and/or the enforcement of winter wildlife closures on County lands. No additional financial obligation is established and no other County funds will be tendered or lent to VVMTA as part of the Project. 7. By executing this Agreement County does not waive any immunity or limitation of liability contained in the Colorado Governmental Immunity Act. 2 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 8. VVMTA shall be responsible for obtaining any matching funds and in -kind contributions that VVMTA deems appropriate and represented in the Grant Application and Eagle County shall have no responsibility therefor. The Grant Funds, matching funds and in -kind contributions for the Project shall all be used by VVMTA solely for eligible expenses approved by GOCO. Disbursement of the Grant Funds by GOCO shall be made on the basis of costs actually incurred by VVMTA and supported by written documentation and as detailed in Section 2 of the Grant Agreement. In the event GOCO fails to fund or withdraws funding for the Project, Eagle County shall have no responsibility therefor and VVMTA shall be solely responsible for prompt repayment of the same to the extent required by the Grant Agreement. 9. Insurance. VVMTA agrees to provide and maintain at VVMTA's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers' Compensation insurance as required by law. ii. Automobile coverage to be carried by VVMTA or its sub -consultants, as applicable, if operating a motor vehicle during the performance of the Services. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. b. Other Requirements. i. The commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance reflecting the commercial general liability coverage and foregoing requirement is attached hereto as Exhibit C. ii. VVMTA's certificates of insurance shall include sub -consultants as additional insureds under its policies or VVMTA shall furnish to County separate certificates and endorsements for each sub -consultant. All coverage(s) for sub - consultants shall be subject to the same minimum requirements identified above. 3 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 VVMTA and sub -consultants, if any, shall maintain the foregoing coverage in effect until this agreement is completed. In addition, all such policies shall be kept in force by VVMTA and its sub -consultants until the applicable statute of limitations for the agreement has expired provided that the coverage is commercially available at a reasonable premium. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an "A.M. Best" rating of not less than ANII. iv. If VVMTA fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. v. 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. vi. VVMTA is not entitled to workers' compensation benefits except as provided by the VVMTA, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by VVMTA or some other entity. The VVMTA is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 10. Indemnification. VVMTA shall be responsible for and shall indemnify, defend and hold harmless, Eagle County and GOCO, their officers, agents and employees from any and all liabilities, losses, claims, demands, damages or costs (including legal fees) resulting from, growing out of, or in any way connected with or incident to the Project, this Agreement, and/or the Grant Agreement. VVMTA shall reimburse Eagle County for reasonable attorney fees and costs, legal and other expenses incurred by Eagle County in connection with investigating or defending any such loss, claim, damage, liability or action. VVMTA hereby waives any and all rights to any type of express or implied indemnity or right of contribution from Eagle County or GOCO, the State of Colorado, its members, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to the Project, this Agreement, and/or the Grant Agreement. VVMTA further agrees to indemnify and hold County harmless in the event a breach of the Grant Agreement and agrees to take all steps necessary to remedy any breach or alleged 4 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 breach such that County is not adversely affected by any decision of GOCO in connection with a breach or alleged breach by VVMTA. 11. 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 sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) 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: Katherine King, Open Space Director 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8697 E-Mail: katherine.king@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us VVMTA: Ernest Saeger, Executive Director 607-778-0337 ernest@wmta.org PO Box 3986 Avon, CO 81620 5 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with ninety (90) calendar days' prior written notice to the VVMTA. Any termination of this Agreement should reference and contemplate paragraph 11 of the Grant Agreement. 13. 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, unless litigation is brought by GOCO in connection with the Grant Agreement. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. In the event of any litigation under the Grant Agreement, County shall have the right, but not the obligation, to join VVMTA in that litigation. 14. 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 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. 15. Other Contract Requirements and VVMTA Representations. a. VVMTA has familiarized itself with the nature and extent of the Project and Grant Agreement and requirements of this Agreement and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Project. b. VVMTA shall be responsible for the completeness and accuracy of the Project and its compliance with the Grant Agreement and shall correct, at its sole expense, all significant errors and omissions in its performance. The fact that the County has accepted the role of fiscal agent shall not relieve VVMTA of any of its responsibilities. VVMTA shall perform the Project in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to VVMTA. VVMTA represents and warrants that it has the expertise and personnel necessary to properly perform the Project and shall comply with the highest standards of customer service to the public. VVMTA shall provide appropriate supervision to its employees to ensure the Project is performed in accordance with this Agreement and the Grant Agreement or other GOCO requirements. This paragraph shall survive termination of this Agreement. 11 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 c. VVMTA 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 and the Grant Agreement. VVMTA shall complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with the Grant Agreement, this Agreement and any approvals from GOCO related to the Project. d. VVMTA shall complete the Project no later than September 30, 2022, or shall otherwise comply with GOCO's Overdue Grants Policy. In the event that VVMTA believes it may not complete the Project by such deadline, VVMTA shall communicate with the County as soon as possible to develop a plan to extend the grant pursuant to GOCO's Overdue Grants Policy. e. This Agreement constitutes an agreement for performance of the Project by VVMTA as an independent contractor and not as an employee of County. 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 VVMTA and VVMTA shall have no authority to bind County. f. VVMTA represents and warrants that at all times in the performance of the Services, VVMTA shall comply with any and all applicable laws, codes, rules and regulations including those relating to nondiscrimination and regulatory requirements or state or federal mandates imposed under the law or through the Grant Agreement. VVMTA agrees that it and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age, or sex. g. This Agreement and the Grant Agreement contain 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. h. VVMTA shall not assign any portion of this Agreement without the prior written consent of the County and in accordance with the Grant Agreement. Any attempt to assign this Agreement without such consent shall be void. i. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party except GOCO. 7 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 j. 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. k. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. 1. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Project described in this Agreement. The VVMTA has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Project and VVMTA shall not employ any person having such known interests. in. VVMTA shall maintain standard financial accounts, documents, and records relating to the use, management, and operation of the Project. The accounts, documents, and records related to the Project shall be retained by VVMTA for five (5) years following the date of disbursement of funds under this Agreement. GOCO or County shall have the right, upon reasonable notice to VVMTA, to audit the books and records of VVMTA which pertain to the Project and to the use and disposition of Grant funds. n. VVMTA shall not materially modify the Project or Project budget without prior approval from GOCO and shall notify County and GOCO in the event there is a reasonable probability that the Project will not or cannot be completed as set forth VVMTA's Project Application. p. In the event of a breach of this Agreement, County shall have all remedies available to it at law and in equity, including specific performance. q. County is not funding any obligations under this Agreement or the Grant Agreement and County is not entering into a loan agreement or multi -year fiscal agreement with GOCO on behalf of VVMTA. County shall have no obligations under this Agreement after, nor shall any payments be made to VVMTA 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). r. Any provisions of this Agreement which requires performance after the date of completion of the Project shall continue in full force and effect. E3 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 16. Prohibitions on Government Contracts. As used in this Section 16, 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 VVMTA has any employees or subcontractors, VVMTA shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, VVMTA certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that VVMTA 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 under this Agreement. a. VVMTA shall not: i. Knowingly employ or contract with an undocumented individual to perform under this Agreement; or ii. Enter into a subcontract that fails to certify to VVMTA that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract. b. VVMTA has confirmed the employment eligibility of all employees who are newly hired for employment to perform 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: htti)s://www.uscis.gov/e-verify C. VVMTA 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 is being performed. d. If VVMTA obtains actual knowledge that a subcontractor performing work under the public contract knowingly employs or contracts with an undocumented individual, VVMTA shall be required to: i. Notify the subcontractor and County within three (3) days that VVMTA has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and 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 01 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 subcontractor does not stop employing or contracting with the undocumented individual; except that VVMTA 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. VVMTA 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 VVMTA 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, VVMTA shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if VVMTA violates this provision of this Agreement and County terminates the Agreement for such breach. [rest of page intentionally left blank] 10 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 THIS AGREEMENT is effective as of the day and year first set forth above. Attest: DocuSigned by: Iv V I%LA& ReginaVffr e 961erk to the Board COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS Signed by: Docu By: S dktw Matt Scherr, Chair Vail Valley Mountain Trails Alliance (VVMTA) DocuSigned by: By: EmekSWgKD,9fttkutive Director 11 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT A GRANT AGREEMENT 12 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 GRANT AGREEMENT Project Name: Trail Conservation Crew Project Completion Date: September 30, 2022 Great Outdoors Colorado Contract No.: 21089 PARTIES TO AGREEMENT Board/GOCO: The State Board of the Great Outdoors Colorado Trust Fund Address: 1900 Grant Street, Suite 725 Denver, CO 80203 Telephone: Contact name: (303) 226-4520 Matt Brady Grantee: Eagle County, Colorado Address: 500 Broadway P.O. Box 850 Eagle, CO 81631 Contact: Katherine King Telephone: 970-328-8697 Date: June 16, 2021 EXHIBITS Exhibit A Project Summary Exhibit B Resolution Exhibit C Approved Budget Exhibit D Approved Workplan/Timeline Exhibit E Partner Agreement Form Updated 3/2021 Page 1 of 15 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund ("GOCO" or "Board") is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the state's parks, wildlife, open space, and recreational resources. B. In 2020, GOCO created a statewide grant program pursuant to which eligible entities could apply for grants for resilient communities projects. Grantee listed above ("Grantee") submitted a detailed project application ("Project Application") that contemplates the execution of the project entitled above and described in GOCO's project summary ("Project Summary"), attached and incorporated as Exhibit A ("Project"). GOCO approved Grantee's Project Application, which is incorporated into this Agreement by reference, on March 11, 2021, subject to the execution of a detailed grant agreement. GOCO and Grantee each have on file a copy of the Project Application. C. The parties intend this agreement to be the detailed grant agreement required by GOCO ("Agreement"). AGREEMENT NOW, THEREFORE, in consideration of the parties' mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: SECTION 1— PROJECT 1. Incorporation of Recitals. The Recitals set forth above are incorporated into this Agreement. 2. Representations and Warranties of Grantee. Grantee is a county, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. Grantee's governing body has authorized entering into this Agreement as evidenced by the resolution attached and incorporated as Exhibit B. 3. Grant and Project. GOCO awards to Grantee a grant in the amount not to exceed $166,211.00 ("Grant"), subject to the terms and conditions set forth in this Agreement. The Grant shall be used by Grantee solely to complete the Project in substantial conformity with the final plans, specifications, designs, and uses approved by GOCO. In the event of a conflict between the Project Application and the Project Summary, the parties shall resolve the conflict by mutual agreement. 4. Project Modification. Grantee shall not materially modify the Project without the prior written approval of the Executive Director of GOCO ("Executive Director") or the Executive Director's designee, such approval to be in GOCO's sole discretion. Any material modification Page 2 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 to the Project undertaken without GOCO's prior written consent may be deemed a breach of this Agreement, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as approved by the Board, Grantee will promptly so advise the Board and cooperate in good faith to seek a resolution before any further funds are advanced. 5. Grantee Efforts. Grantee agrees to use its best efforts to complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the Project. 6. Approved Budget. Grantee has completed a detailed budget that reflects all anticipated sources and uses of funds for the Project, including a detailed accounting of Grantee's anticipated direct costs associated with the Project, a copy of which is attached and incorporated as Exhibit C ("Budget"). Eligible costs are described in paragraph 9 of this Agreement. Grantee has also completed a Workplan/Timeline that reflects Grantee's anticipated dates for completing all aspects of the Project, a copy of which is attached and incorporated as Exhibit D ("Workplan/Timeline"). The Project Application contains a budget and a workplan/timeline that may not match the approved versions attached as Exhibits C and D and which, therefore, shall not be relied upon by GOCO or Grantee. Where discrepancies exist, the approved Budget and Workplan/Timeline in Exhibits C and D, respectively, shall control until such time as GOCO approves the final versions of both documents. 7. Waiver. Prior to the disbursement of funds, the Executive Director in his or her discretion may waive certain conditions set forth in this Agreement. Anything else to the contrary notwithstanding, the exercise by GOCO staff ("Staff'), the Executive Director, or GOCO of any right or discretion reserved to them under this Agreement shall not be deemed a waiver. Furthermore, no waiver by them under this Agreement shall constitute a waiver of any other requirements, actions, or conditions, nor shall any waiver granted be deemed a continuing waiver. No waiver by the Staff, the Executive Director, or GOCO shall be effective unless in writing executed by them. Additionally, any failure by the Staff, the Executive Director, or GOCO to take any actions as set forth in this Agreement shall have no legal effect on the contractual duties of Grantee. Further, no waiver with respect to this Project, Grant, or Agreement shall constitute a waiver in any other GOCO-funded project. 8. Future Funding. This Agreement and the Grant only apply to the Project specifically described in this Agreement. GOCO makes no representations regarding future funding for future phases of the Project, whether or not described in the Project Application, Project Summary, or otherwise. SECTION 2 — GRANT PAYMENT 9. Eligible Costs. The Grant and all matching funds shall be used only for the cost outlined in Exhibit C ("Budget"); these costs are eligible for reimbursement on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc.). The Grant and all matching funds may not be used to pay for any other costs deemed to be ineligible by the Board, at the Board's sole discretion. Page 3 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 10. Payment of Grant. A. Progress Payment. Grantee may opt to receive a portion of the Grant after starting but prior to completing work on the Project ("Progress Payment"). Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date ("Progress Report"). The Progress Report must be submitted using GOCO's Progress Report form (available at www. _ og co.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making a Progress Payment. Progress Payments may be submitted in two installments of 25% and shall not exceed 50% of the Grant or the maximum percentage of funds GOCO can expend for the project to date based on the program's matching requirements, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been made. B. Final Payment. Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project and its completion ("Final Report"). The Project is "complete" when all facilities, trails, or other improvements included in the GOCO-approved Project scope have been built and are ready for their intended use. The Final Report must be submitted using GOCO's Final Report form (available at www. og co.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO's review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant ("Final Payment"), subject to any reductions contemplated by any provision of this Agreement. C. GOCO Review. GOCO shall have 30 days to review any Progress Report and Final Report and respond to Grantee. D. Waivers of Liens and Claims. GOCO may, in its discretion, depending on the nature of the Project, require documentation of mechanics' lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. E. Modifications. Payment of the Grant is subject to the Project being completed with no material modifications made, except as otherwise agreed to in advance by GOCO in accordance with this Agreement. The Grant will not be increased, but GOCO may reduce the Grant if the Project changes in any way that GOCO deems material. "Material modifications" may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the size or number of recreational development components to be constructed, changes to the nature of the recreational development components to be constructed, or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. F. Net Lottery Proceeds. Payment of the Grant is also subject to GOCO's determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable, including but not limited Page 4 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 to adequate reserves, funding requirements, and/or commitments for other past, current, and future grants, and past, current, and future GOCO operating expenses and budgetary needs. 11. Withdrawal of GOCO Funding, Termination of Agreement. Anything in this Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that: A. Altered Expectations. Facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Project or the Grant as approved by GOCO infeasible or impractical; B. Material Project Changes. Material changes in the scope or nature of the Project have occurred from that which was presented in the Project Application, approved by GOCO and reflected in the Project Summary, without prior written approval of the Executive Director; C. Inaccuracies. Any statement or representation made or information provided by Grantee in the Project Application, this Agreement, the Progress Report, the Final Report, or otherwise is untrue, inaccurate, or incomplete in any material respect; D. Reporting. The results of GOCO's review of the Progress Report or the Final Report are not acceptable to GOCO; E. Conditions Precedent Not Fulfilled or Unsatisfactory. Any of the conditions precedent to funding listed in Section 3 below is not fulfilled by Grantee or is unsatisfactory to GOCO, in its sole discretion; F. Delays. The Project will not or cannot be completed by the Completion Date or any extensions granted, or delays in the implementation of the Project have occurred that make the Project impracticable in the Board's judgment; G. Costs. The Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or Grantee's matching funding are reduced; or H. Property. Title to or encumbrances against the Property are or become such that Grantee is unable to complete the Project, or the Project and/or the Property are or become unavailable for public use. SECTION 3 — CONDITIONS PRECEDENT 12. Completion Date. Grantee shall complete the Project and submit its Final Report no later than September 30, 2022 ("Completion Date"). Grantee may request an extension of the Completion Date in compliance with GOCO's Overdue Grants procedure, as may be amended from time to time by GOCO in its sole discretion. GOCO may elect to terminate this Agreement Page 5 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 and deauthorize the Grant in the event this Completion Date is not met and/or Grantee fails to comply with the Overdue Grants procedure. 13. Conditions Precedent to Funding. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Grant is expressly conditioned upon Grantee's fulfillment of all terms and conditions of this Agreement to GOCO's satisfaction in its sole discretion, including but not limited to the following: A. Matching Funds. Matching funds in the minimum amount required by GOCO policy or procedure and as set forth in the approved Budget, or as modified and approved in compliance with GOCO procedures, must have been received by Grantee, or the status of efforts to secure matching funding was disclosed and has been deemed satisfactory by Staff. Grantee shall provide evidence of matching funds as GOCO may require in its reasonable discretion. B. GOCO Policies and Procedures. The Project must comply with all of GOCO's policies and procedures, which may be amended from time to time by GOCO in its sole discretion, and must meet any special Board conditions as listed in the attached Project Summary (Exhibit A). SECTION 4 — OTHER PROVISIONS 14. Publicity and Project Information. GOCO has the right and must be provided the opportunity to use information gained from the Project; therefore, Grantee shall acknowledge GOCO funding in all news releases and other publicity issued by Grantee concerning the Project. If any events are planned in relationship to the Project, GOCO shall be acknowledged as a contributor in the invitation for the event. GOCO shall be notified of any such events 30 days in advance. Grantee shall cooperate with GOCO in preparing public information pieces, providing access to the Property for publicity purposes, and providing photos or other imagery of the Project from time to time, which GOCO reserves the right to use and duplicate in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre -approval from Grantee. Grantee shall give timely notice of the Project, its inauguration, significance, and completion to the local members of the Colorado General Assembly and members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. 15. Sig_nage. Grantee shall erect one or more signs at a prominent location(s) on the Project site acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible samples of its logo to Grantee for custom signs. GOCO shall approve in advance the design of any permanent sign materially varying from the signs provided by GOCO. To obtain such approval, Grantee shall submit to GOCO plans describing the number, design, placement, and wording of signs and placards prior to completion of the Project. The Board may withhold Final Payment pending evidence of placement of permanent signage. Page 6 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 16. Liability. A. Indemnity. To the extent allowed by law, Grantee shall be responsible for and shall indemnify, defend, and hold harmless GOCO, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs (including reasonable attorneys' fees) resulting from, growing out of, or in any way connected with or incident to Grantee's performance of this Agreement. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, GOCO, its members, officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. B. No CGIA Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protections provided to GOCO under the Colorado Governmental Immunity Act as amended or as may be amended in the future (including without limitation any amendments to such statute, or under any similar statute that is subsequently enacted) ("CGIA"). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. GOCO and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of GOCO, its members, officials, agents, and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of GOCO, its members, officers, agents, and employees. C. Compliance with Regulatory Requirements and Federal and State Mandates. Grantee assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination; worker safety; local labor preferences; preferred vendor programs; equal employment opportunity; use of competitive bidding; permits; approvals; local, state, and federal regulations and environmental laws; and other similar requirements. To the maximum extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless GOCO, Executive Director, and Staff from any cost, expense, or liability for any failure to comply with any such applicable requirements. D. Nondiscrimination. During the performance of this Agreement, Grantee and its contractors, subcontractors, and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age, sex, or any other basis prohibited by local, state, or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Further, Grantee and anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting access and use of the Project. 17. Audits and Accounting Records. Grantee shall maintain standard financial accounts, documents, and records relating to the use, management, operation, and maintenance of the Project. Grantee shall retain the accounts, documents, and records related to the Project for five years following the date of disbursement by GOCO of the Grant funds, and they shall be subject Page 7 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 to examination and audit by GOCO or its designated agent during this period. While Grantee is not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the required records under this Agreement. 18. Inspection. Throughout the term of this Agreement, GOCO shall have the right to inspect the Project to ascertain compliance with this Agreement. 19. Breach. In addition to other remedies available at law or in equity, in the event that Grantee breaches any of the terms or conditions of this Agreement, GOCO shall have the following non-exclusive remedies: A. Prior to Payment of Grant. GOCO reserves the right to withdraw funding, terminate this Agreement, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. B. After Any Payment of Grant. GOCO reserves the right to seek specific performance of Grantee's obligations under this Agreement, receive reimbursement in full of any disbursements made under the Grant, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. 20. GOCO Policies and Procedures. With regard to all named GOCO policies and procedures referenced in this Agreement, Grantee acknowledges it has received a copy of the policies and procedures or otherwise has access to the documents in connection with this Agreement and is familiar with their requirements. 21. Miscellaneous Provisions. A. Good Faith. Both parties have an obligation of good faith, including the obligation to make timely communication of information that may reasonably be believed to be of interest to the other party. B. Assignment. Grantee may not assign its rights or delegate its obligations under this Agreement without the express written consent of the Executive Director, who has the sole discretion to withhold consent to assign. Any assignment shall require that, at a minimum, the assignee is eligible to receive grants from the Board and assumes Grantee's ongoing obligations under this Agreement. C. Applicable Law. Colorado law applies to the interpretation and enforcement of this Agreement. Venue for any dispute under this Agreement shall lie exclusively in the state courts of the City and County of Denver. D. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee, or other relationship between the parties other than independent contracting parties. Except as permitted under the remedies provisions of this Page 8 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 Agreement, neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party. E. Status of Grantee. The parties acknowledge that GOCO lacks the power and right to direct the actions of Grantee. Grantee acts in its separate capacity and not as an officer, employee, or agent of GOCO or the State of Colorado. F. Time is of the Essence. Time is of the essence in this Agreement. G. Survival. The terms and conditions of this Agreement, including but not limited to Grantee's obligations, shall survive the funding of the Grant and the completion of the Project. H. Fax and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement made electronically and transmitted electronically or by facsimile as if they were original signatures. I. Third -Party Beneficiary. GOCO and Grantee acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between GOCO and Grantee and that no third -party beneficiaries are intended. J. Notice. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement. K. Construction; Severability. Each party has reviewed this Agreement, and therefore any rules of construction requiring that ambiguities be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. If any provision of this Agreement is declared void or unenforceable, it shall be deemed severed from this Agreement, and the balance of this Agreement shall otherwise remain in full force and effect. L. Entire Agreement. Except as expressly provided, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made in writing and signed by the parties to this Agreement. M. Termination of the Board. If Article XXVII of the Colorado Constitution, which established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another entity, the rights and obligations of GOCO under this Agreement shall be assigned to and assumed by such other entity as provided by law, but, in the absence of such direction, by the Colorado Department of Natural Resources or its successor. Page 9 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Agreement effective as of STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND M. Chris Castilian Executive Director GOCO Program Staff: Route Grant Agreement to Executive Director for signature: GRANTEE: EAGLE COUNTY LOW Title: *NOTE* Signee should be the same individual authorized to sign the grant agreement per Grantee's resolution Page 10 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT A Project Summary Page 11 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT B Resolution Page 12 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT C Approved Budget Page 13 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT D Approved Workplan/Timeline Page 14 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT E Partner Agreement Form Page 15 of 15 Updated 3/2021 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT B PROJECT APPLICATION 13 C21-261 W Eagle County Open Space Vail Valley Mountain Trails Alliance TRAIL CONSERVATION CREW GOCO Resilient Communities Grant Application J &7 Wllo7o *F B*.,-vv ITA. ap.c. j Vail Valley Mountain Trails Alliance DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 Project Summary Information Applicant Organization: Eagle County Open Space Applicant Name: Katherine King Partner Organization (if applicable): Vail Valley Mountain Trails Alliance Partner Name (if applicable): Ernest Saeger Project Title: Trail Conservation Crew Amount Requested: $166,211 Total Project Cost: $273,198 Checklist 0 Responses to Proposal Narrative prompts (please limit narrative responses to 5 pages) 0 Budget 0 Timeline 0 Applicants may consider providing the following attachments: x❑ Maps, diagrams, planning documents ❑x Photos ❑x Letters of support from partners, customers, volunteers, etc. Proposal Narrative Please submit a concise narrative using the following prompts. Responses need not follow the formatting below but should answer all of the considerations put forth. Please limit narrative responses to 5 pages: ❑x Describe the proposed project and the community/organizational need and/or priority it will address related to the pandemic. Consider and describe any disproportionate impact experienced by your community. ❑x Discuss how your project will contribute to a more resilient community, organization and/or network. ❑x Discuss your current financial situation and any urgency, financial or otherwise, requiring GOCO's funding assistance. Please note this grant round is not intended to resolve pre -pandemic organizational economic shortfalls. Budget and Timeline Forms Please use the GOCO budget and timeline forms found on our Resilient Communities webpage. C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 (�A VVMTA Eagle County Open Space EAGLE COUNTY Vail Valley Mountain Trails Alliance - Trail Conservation Crew PROPOSAL NARRATIVE THE TRAIL CONSERVATION CREW: Eagle County Open Space (ECOS) and the Vail Valley Mountain Trails Alliance (VVMTA) are requesting funding from the Great Outdoors Colorado (LOCO) Resilient Communities Program to support a skilled seasonal full-time trail crew to address increased recreation impacts to trails, open space, wildlife, and natural resources in Eagle County due to the pandemic. The trail crew, named the Trail Conservation Crew (TCC), will create six seasonal full time jobs for Eagle County locals. The TCC will work across all public lands in Eagle County, functioning as an essential resource for all land managers, agencies, and partners. In partnership with the US Forest Service's Eagle -Holy Cross Ranger District (EHX), VVMTA launched the Adopt A Trail (AAT) program in 2016. The AAT program engages local businesses, organizations, and groups to recruit volunteers to adopt a trail and perform volunteer trail maintenance. The program launched with 30 teams adopting 30 trails on Forest Service lands, and has been incredibly successful by improving trails and creating thousands of stewards of our trails and public lands. The program has now grown to 69 teams adopting 61 trails across all land management jurisdictions in Eagle County, contributing over 2,500 hours of volunteer trail maintenance by approximately 750 volunteers annually. However, due to the pandemic we have seen team sizes and number of volunteer trail work days decrease. In addition to the AAT program, the VVMTA launched its Wildlife Trail Ambassador (WTA) program which stations volunteers at seasonal trail closures to educate the public about the importance of protecting deer and elk during the critical winter months and calving season. According to our trail cameras there was a 40% increase in trail closure violations in 2020, likely due to the increased volume of trail users and demand for recreation as a result of the pandemic. The limited number of volunteers and limited time (1 hour on average) they can spend at trailheads cannot adequately address current and increasing levels of recreation. Volunteer stewardship is important and will continue to be a large part of managing recreation impacts in Eagle County. However, the pandemic significantly increased trail use and a pure volunteer model cannot keep pace with current and future impacts. The pandemic also decreased volunteer numbers by limiting group sizes for health and safety reasons. In recent years staffing and financial resources at the federal and local land management levels have declined, thereby exacerbating recreation management challenges. The BLM Colorado River Valley Field Office based out of Silt has two recreation planners managing all or portions of BLM lands in Garfield, Mesa, Eagle, Pitkin, Routt and Rio Blanco counties. The EHX Ranger District contains 615 miles of trails across 700,000 acres that is managed in the field by a three person wilderness crew, three person trail crew, and three person ranger team. Eagle County Open Space has a three person team that is focused on properties they own and manage, and has not traditionally had a recreation emphasis. The Town of Eagle is the only municipality in Eagle County with an Open Space department with one manager and one seasonal field person. The Town of Vail, Town of Avon, Town of Minturn, Edwards, and EagleVail do not have open space or trails staff. Although Eagle County's trail network crosses multiple jurisdictions, land managers are solely focused on those within their boundaries, with better collaboration needed. A vast majority of trail users are unaware of and unconcerned with jurisdictional boundaries, and the TCC's work will not be restricted by any borders except for that of Eagle County. C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 (�A VVMTA Eagle County Open Space EAG,LE,CO �, Vail Valley Mountain Trails Alliance - Trail Conservation Crew The TCC will directly address the declining resources of local land managers, expanding their recreation management capacity. The TCC is also a necessary expansion and natural progression of the AAT and WTA programs, aimed at addressing the increased pandemic -related demands on public lands. The TCC will assist in leading and training AAT volunteers, but also collaborate with local land managers and partner organizations to perform recreation and conservation projects throughout Eagle County. Overall, the areas of emphasis will be trail maintenance, protecting seasonal wildlife closures, closing illegal/social trails, designating campsites and closing illegal campsites, communicating fire restrictions, educating trail users at trailheads, removing garbage, and generally mitigating increased recreational impacts on trails and public lands. The TCC's flexibility to be deployed to any trail on public lands will make it a powerful and impactful community resource. VVMTA has already begun creating a project list for the TCC in collaboration with local land managers that identifies over seventy-five trail, open space, wildlife, and conservation projects. The VVMTA will host monthly meetings with local land managers to measure successes and identify future and urgent projects. The TCC will also address maintenance backlogs on USFS lands in the EHX Ranger District. In partnership with the USFS staff, the TCC will lead two Rocky Mountain Youth Corps (RMYC) crews over three weeks to complete two major reroutes of eroded and unsustainable sections of the Game Creek Trail (Vail to Minturn) and the Colorado Trail out of Camp Hale. The TCC will also lead a Volunteers for Outdoor Colorado trail reroute project on the heavily used and eroded Half Nelson Trail in Minturn. Finally, the TCC will partner with Eagle County Open Space and the RMYC to help build a new strategic trail connecting the two main trail systems in Eagle. The TCC estimates that they will lead and train over 400 volunteers who will perform over 1,500 hours of volunteer trail maintenance and conservation work. Having a six -person crew provides the flexibility to tackle multiple projects across land management jurisdictions and geographic areas simultaneously. For example on the same day, one crew member could be leading a volunteer trail maintenance team in Edwards, two members could be executing a technical trail maintenance project in Avon, one member could be stationed at a seasonal trailhead closure in Vail, and another could be stationed at a popular trailhead in Minturn providing education and monitoring parking. This versatility and ability to have boots on the ground and create land stewards across Eagle County is truly the tangible value of the TCC. COVID-19 IMPACTS: (See Appendix A - Additional News Articles/Reports) Eagle County was an early COVID-19 infection hot spot both nationally and in the state of Colorado due to ski resort tourism. Because of this, the County was also ahead of most other counties in Colorado in enacting public health orders to stop disease spread. We are fortunate to have a robust health care system and proactive local government that collaborated efficiently and effectively to quickly reduce disease spread, and resulting in Eagle County receiving the first exemption from the statewide Colorado Stay At Home orders on April 23rd. Governor Polis said, "The way that Vail Health, the County health department, the Commissioners, really everybody stepped up to get the valley, through this crisis has been an inspiration to the rest of the state." This exemption, while still having strict public health orders, travel guidelines, and gathering sizes, was a message that Eagle County was a `safer' place and `open.' 2 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 (�A VVMTA Eagle County Open Space EAG,LE,CO , Vail Valley Mountain Trails Alliance - Trail Conservation Crew The timing of this exemption and message coincided with open space and trails drying out in the Eagle area. Eagle and Gypsum immediately began to see a flood of trail users seeking escape from other parts of Eagle County, neighboring counties, and the Front Range. A trail counter at the Haymaker trailhead counted over 3,000 users on multiple weekends in April and May, a 100% increase from 2019. Bellyache Rd, an already popular dispersed and unmanaged camping area on BLM lands three miles from downtown Eagle quickly filled up. A count taken during the height of the pandemic showed a dozen newly created camping areas and fire rings, destroying vegetation and potential Harrington's Penstemon habitat (a designated sensitive species). According to the BLM, 150,285 people used the Hardscrabble-East Eagle Special Recreation Management Area in 2020. The impacts observed in the spring in Eagle were a microcosm of what was coming for the rest of the county in 2020. Entering into the summer, increased recreation impacts due to the pandemic continued as higher elevation trails surrounding Vail and Minturn began to open. Even when subtracting skier visits, the White River National Forest is still the most visited forest in the country. Counters on trails entering the Eagle's Nest Wilderness area in East Vail reported increased usages of 73%, 65%, 52%, and 14% which was seen and felt across the rest of the County. Forest Service rangers recorded a 239% increase in dispersed campsites, a 170% increase in visitors contacted, 5,145 Ibs of garbage removed, 82% increase in fire rings destroyed, and 32 unattended campfires compared to 3 in 2019. Understandably, Eagle County and its municipalities used outdoor recreation as a marketing tool to draw tourists and second homeowners back to the valley and mitigate economic declines. In collaboration with local governments and businesses, the Vail Valley Partnership launched a one of a kind program to craft emails, phone calls and postcards to second homeowners with the tagline "Come here, live here, stay here." Real estate sales and transactions skyrocketed, shattering previous records, "October set a third consecutive monthly real estate sales record, with more than $600 million worth of property trading hands. According to data from Land Title Guarantee Company, October's record shattered September's record of $515 million in sales. That month, in turn shattered the August monthly record of $418 million. That record eclipsed a 15-year-old record for monthly sales.'n. Furthermore, "There's been a change in lifestyle."That change in lifestyle is also reflected in the Land Title numbers. The makeup of buyers has historically been about 50% Eagle County residents. For the year to date, 51 % of all buyers are Eagle County residents. That profile shifted significantly in September. That month, 40% of buyers were Eagle County residents. Front Range (22%) and out of state (37%) buyers together made up 59% of the buyers last month.'. These new and now permanent residents may likely be beginner trail users who do not understand trail etiquette and Leave No Trace Principles. EAGLE COUNTY - A MORE RESILIENT COMMUNITY: Undoubtedly, increased visitation, population growth and changes in community demographics as a result of the pandemic will create impacts to the natural environment that require our care Miller, Scott. (2020, December 4) Vail Valley real estate boom continues for now https://www.vamidamly.com/news/vail-valley-real-estate-boom-continues-for-now/ 2 Miller, Scott. (2020, December 4) Vail Valley real estate boom continues for now httpsm//www.vamlda'ly.com/news/vail-valley-real-estate-boom-continues-for-now/ 3 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 (�A VVMTA Eagle County Open Space EAGLE COUNTY Vail Valley Mountain Trails Alliance - Trail Conservation Crew and attention. Eagle County's population has been steadily growing and has quickly become a highly desirable "Zoom Town." The Colorado State Demography Office has already estimated the County's population will increase by over 40,000 in the next 20 years, a rate the pandemic has accelerated. The funding being requested from GOCO is seed money to establish a local trail crew and an investment in the future of sustainable recreation in Eagle County. We truly believe that the TCC will have an immediate positive impact on our trails, open spaces, natural resources and wildlife. The formation of the TCC will drive ongoing discussions to fund work to address trail impacts on our public lands on a long-term, recurring basis. Once established, the TCC will create annual seasonal full-time jobs and develop leadership skills for its employees in stewardship, natural resource management, and sustainable outdoor recreation in Eagle County. The TCC program brings together all local land managers and non -profits to identify impacts and address them collaboratively. Eagle County residents and visitors highly value recreation for its intrinsic value and as the main economic driver for tourism to the community. Outdoor recreation improves residents"s quality of life and physical and mental health. A goal of the TCC is to improve sustainable access and connections to trails and public lands, to help introduce new trail users of all demographics, ethnicities, and our underserved communities to the outdoors. The TCC will work directly with local organizations addressing equity and inclusion such as The Cycle Effect, SOS Outreach, International Youth Conservation Corps, Eagle County School programs, and Eagle Valley Outdoor Movement, to schedule trail maintenance days and create positive experiences in the outdoors. PROJECT URGENCY: Eagle County Open Space and the VVMTA have taken the lead to create the TCC as a response to the capacity needs expressed by our partners and local land managers, and because we feel we are best positioned to work across all boundaries. Scott Fizwilliams, the Forest Supervisor for the White River National Forest, the largest land manager in Eagle County, said 'In the old days, there were more staff and resources." Since he started at White River National Forest 11 years ago, the budget he oversees has plunged 45%. The busiest national forest serves as a microcosm for broader cuts to the U.S. Forest Service over recent years. "We're hitting a point where we can't keep going down while the use (of lands) and output keeps going up,"Fitzwilliams says.' Looking from East to West in Eagle County, the Town of Vail ,is projected to lose up to $24 million in revenues due to economic impacts of the pandemic and recovery period between 2020 and 2024.4 The Town of Eagle's revenues from lodging tax will see a decrease of $119,332 over 2019 collections because of COVID-19.5 Lodging taxes fund the Open Space program, which saw a 51 % ($73,000) decrease in revenues in 2020. Revenues dedicated to funding open space and trails are expected to continue declining because of their reliance on tourism -related funding sources, while recreation will continue to increase. Cathy Ritter, Colorado Tourism Office Director, said "tourist spending across rural Colorado appears to have shifted this year. "The share of 3 Boster, Seth. (2021, January 10). Coloradans' increased use of public lands during coronavirus is taking its toll. https://coloradosun.com/2021/01/10/colorado-public-lands-coronavirus-toll/ a Town of Vail Staff. (2020, November 29). Proposed 2021 Vail Municipal Budget Available for Public Review. ht :/tt� /bit.ly/36sZaES 5 Town of Eagle Council 2021 Final Approved Budget (2021, January 26) Pg. 2,78. htt s:/p /bit.ly/3 zvBcA rd C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 A VVMTA Eagle County Open Space EAGLE COUNTY Vail Valley Mountain Trails Alliance - Trail Conservation Crew travelers booking campsites and short-term rentals has increased, while the share booking hotel rooms has declined. She also noted that her office is hearing that more visits to public lands don't necessarily translate into more spending on local attractions.' As an example of the declining resources and budget cuts related to recreation and conservation, in 2020 the Forest Service's trail crew was reduced by two and did not start working until early June. Also, the Town of Eagle was forced to freeze seasonal hiring and did not hire their one field position. In response, the VVMTA funded half of the salary of a USFS trail crew member and the full salary of the Town of Eagle's Open Space field position to demonstrate our commitment to stewardship and ensure trail maintenance could continue. We are already seeing these trends in 2021, and expect to see federal and municipal budgets as well as grant programs related to tourism decline due to the pandemic. For example, the National Forest Foundation's White River National Forest Ski Conservation Fund has been a reliable grant funding source for nonprofits and municipalities in Eagle County. "Ski Conservation Fund contributions are associated with lodging, ski pass, and other sales at participating businesses. Due to economic factors associated with the COVID-19 pandemic, contributions in the last year (2020) are only about 70% of the previous year's contributions. Consequently, we expect that proportionally less funding will be available for grants in this funding round than in previous years."' Vail Resorts is reporting lower skier visits thus far for the winter, which will further reduce the revenue to this normally robust grant program. The VVMTA is a small but impactful nonprofit and prides itself as the leading trail advocacy and stewardship organization in Eagle County. Our mission is to maintain, educate, advocate for, and build sustainable trails while conserving the natural environment of Eagle County. We promote stewardship of our public lands, sustainable trail building practices and a balance between recreation and conservation. Our annual revenues and expenses average $250,000. While our cash reserves are healthy, they decreased by $78,000 in 2020, mainly due to spending to mitigate pandemic impacts, but also to create new recreation opportunities and access to trails and public lands. Eagle County Open Space has a healthy fund balance going into 2021, but their current funding resolution does not easily allow them to spend money on trail maintenance and particularly on non -Eagle County lands. Even before the pandemic summer tourism in Eagle County had been gradually catching up to winter tourism. Additionally and unfortunately, climate change has been contributing to shorter ski seasons, fewer skier visits, and longer springs, summers, and falls. In Eagle County, we are already bracing for an early influx of trail users and campers due to a historically dry winter. The TCC fulfills an immediate and emergent need to address outdoor recreation impacts in Eagle County. Beyond the actual dirt they move, signs they install, and volunteers they train, they will be a visible force in our community that will lead and inspire our community to become stewards of our trails and public lands for generations to come. 6 Quinton, Sophie. (2020, October 7). Rural Vacation Towns Made It Through the Summer. Now What?. https://www.pewtrusts.org/en/research-and-analysis/blogs/statelOne/2020/10/07/rural-vacation -town s-made-it- through-the-summer-now-what 7 National Forest Foundation Ski Conservation Fund 2021 Request for Proposals - White River National Forest. https://www.nationalforests.org/assets/files/White-River-SCF-2021-RFP.pdf 5 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 PROJECT BUDGET Source of Funds Date Secured GOCO Funds Applicant Funds Partner Funds Total Funding CASH GOCO Grant $166,211.00 $166,211.00 Eagle County Open Space/Vail Valley Mountain Trails Alliance Jan-21 $20,000.00 $20,000.00 USFS - Eagle -Holy Cross Ranger District Jan-21 $17,500.00 $17,500.00 Town of Vail Jan-21 $1,000.00 $1,000.00 Town of Avon Jan-21 $1,000.00 $1,000.00 Town of Eagle Jan-21 $500.001 $500.00 IN -KIND Eagle County Jan-21 $4,250.00 $4,250.00 Vail Valley Mountain Trails Alliance Jan-21 $47,400.00 $47,400.00 USFS Eagle -Holy Cross Ranger District Jan-21 $15,337.00 $15,337.00 TOTAL SOURCE OF FUNDS $166,211.00 $71,650.00 $35,337.00 $273,198.00 CASH Use of Cash Funds # of Units Cost Per Unit GOCO Funds Applicant Funds Cumulative Partner Funds Total Funding Trail Conservation Crew - Personnel TCC Operations Manager Trail Crew and project Lead -52 weeks 1.00 $21.00 $37,935.00 $7,000.00 $44,935.00 TCC Operations Coordinator Trail Crew coordinator and field leader -28 weeks 1.00 $20.00 $25,089.00 $25,089.00 TCC Field Staff Person TCC staff person for 28 weeks 1.00 $18.00 $22,608.00 $22,608.00 TCC Field Staff Person TCC staff person for 24 weeks 1.00 $18.00 $19,419.00 $19,419.00 TCC Field Staff Person TCC staff person for 24 weeks 1.00 $17.00 $18,355.00 $18,355.00 TCC Field Staff Person TCC staff person for 24 weeks 1.00 $17.00 $18,355.00 $18,355.00 VVMTA Executive Director Oversight, planning, and implementation 1.00 $35.00 $10,000.00 $6,500.00 $16,500.00 VVMTA Volunteer Coordinator Coordination and scheduling of TCC with volunteers 1.00 $22.00 $5,000.00 $6,500.00 $11,500.00 Trail Conservation Crew - Equipment TCC Vehicle Vehicle for crew to drive to/from project sites 1.00 $10,000.00 $10,000.00 $10,000.00 TCC Trailer Store and haul tools to/from project sites 1.00 $4,500.00 $4,500.00 $4,500.00 Trail Conservation Crew - Supplies General Supplies General supplies to be used in the field $1,500.00 $1,500.00 TCC Uniforms Uniforms for the TCC staff $950.00 $950.00 Tools/Materials Tools & materials to execute projects in the field $3,750.00 $3,750.00 Gas/Fuel Travel to/from trailheads $3,250.001 $3,250.00 Trail Crew Training Outdoor Stewardship Leadership Classes $1,800.00 $1,800.00 Trail Conservation Crew - Outreach Marketing/Informational Materials Trailhead outreach supplies and communication $3,700.00 $3,700.00 USE OF FUNDS - CASH SUBTOTAL $166,211.00 $20,000.00 $20,000.00 $206,211.00 IN -KIND Use of In -Kind Funds # of Units Cost Per Unit GOCO Funds Applicant CumulativeFunds Partner Funds Total Funding VVMTA Volunteers AdoptA Trail Volunteers 1,500 volunteer hours (EST) - TCC volunteers 1,500.00 $29.20 $43,800.00 $43,800.00 Mini -excavator Used for restoration and trail projects 1.00 $3,600.00 $3,600.00 $3,600.00 USFS Eagle -Holy Cross Ranger District USFS Staff Project oversight and planning 1.00 $11,837.00 $11,837.00 USFS Materials & Supplies Tools, storage, supplies, native seed, etc. 1.00 $3,500.00 $3,500.00 Eagle County Open Space Staff planning and field time 1.00 $4,250.00 $4,250.00 USE OF FUNDS - IN -KIND SUBTOTAL $51,650.00 $15,337.00 $66,987.00 Contingency - up to 10% (not required, cannot be GOCO funds) GOCO Funds Applicant Funds Cumulative Partner Funds Total Funding USE OF FUNDS - CONTINGENCY SUBTOTAL $0.00 $0.00 $0.00 TOTAL PROJECT COST 11 $166,211.001 $71,650.001 $35,337.001 $273,198.00 Remember: the Total Project Cost row must equal the Total Source of Funds row C21-261 w c O a, a E 0 U a) (O Q U 'a a•+ a, C -a !0 � L � i N O � al fII � E a, N W N c E C U (6 w W'^ O ++ L E 0 Q O N �1 O- > ^1 Y a•+ U (a a) C L U U o N !0 0 � w _CL 0 w � U Z O O a Y E v� 0 fa 4U L .5 0 0 >� Q �1 (u 3 av Q U 1� H z O 0 m 0 v � O a�U v w t v at� c m � a V C .Q i 0 d a u F 3 w y C +_ `° •a O n E (6 U o c u O Gl £ Q- y 3 ^ w V !� ci Q LU 3 O a F" w £ p p i« :� 0 10 to �� F 'Q •p y m_ ar t L u LL '� v N oa s r+ C r .� ai no c c u c ai ns E° al u W L :; to (J C i f6 £ H E Q ._ ' Y al V oo c c m a L N c `m a, a� E L N O C U o U p F i i L o u al y c c c a i c c LL� m O .Q w oo c c �' 'O Y Q c c« a 7 a vi L w 'n i lu v 3 3 i 0 y as w to 0. 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We are in full support of this collaborative application, as the maintenance, stewardship and restoration work described therein represents a critical need in our community to address the impacts of increased recreation on public lands. It also meets two of Eagle County's strategic goals - protecting the natural environment and making Eagle County a great place for all, by stewarding land and trails and enhancing trail systems for community recreation. Our undeveloped lands and trails are some of Eagle County's most cherished resources, and recreation is integral to our local economy and quality of life. Particularly during the COVID pandemic, our citizens and visitors have increasingly relied on the outdoors to maintain their physical and mental health. The citizens of Eagle County have overwhelmingly voiced their support for preserving the natural resources, wildlife habitat and recreational opportunities that make Eagle County a wonderful place to live, work and play. However our enthusiasm for the outdoors isn't without impacts, which have been exacerbated by increased use during the pandemic. Our community is increasingly concerned with the decline in local wildlife populations, and issues of crowding and carrying capacity that can result in natural resource degradation. There is a critical need to address trail maintenance and closure enforcement, along with educating users in the outdoors, to reduce natural resource impacts. At the same time, we recognize that land managers at federal and local levels are often required to manage more visitation and its associated impacts with fewer financial resources. If awarded GOCO funding, the Trail Conservation Crew (TCC) will provide much needed trail maintenance, natural resource protection and restoration, and educational awareness across land management jurisdictional boundaries. The TCC will also provide local jobs, and help foster a stewardship ethic amongst visitors and residents. VVMTA has a strong volunteer base within the community, and has proven their commitment to trail maintenance and wildlife conservation through their Adopt -a -Trail and Wildlife Trail Ambassador programs. Eagle County Open Space utilizes both of these programs on open space lands, greatly expanding their staff capacity. The TCC will be a natural extension of and complement to these existing programs. 500 Broadway, P.O. Box 850, Eagle, Colorado 81631 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 CVO EAGLE COUNTY Board of County Commissioners 970-328-8605 970-328-8629(f) eagleadmin@eaglecounty.us www.eaglecounty.us In summary, the TCC will help Eagle County land managers address impacts caused by increased numbers of people in the outdoors. Eagle County is pleased to partner with VVMTA on this grant application, and we thank you for your consideration of this request. Sincerely, Matt Scherr Jeanne McQueeney Kathy Chandler -Henry Chair Commissioner Commissioner 500 Broadway, P.O. Box 850, Eagle, Colorado 81631 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 USDA United States Forest White River Eagle/Holy Cross Ranger District Department of Service National 24747 US Hwy 24 Agriculture Forest P.O. Box 190 Minturn, CO 81645 (970) 827-5715 FAX (970) 827-9343 Mr. Chris Yuan -Farrell Great Outdoors Colorado 1900 Grant Street #725 Denver, CO 80203 Dear Mr. Yuan -Farrell and GOCO, The Eagle -Holy Cross Ranger District (EHX) strongly supports the efforts of Vail Valley Mountain Trails Alliance (VVMTA) and Eagle County (ECO) to obtain grant funding for the "Trail Conservation Crew" (TCC) through the GOCO Resilient Communities grant program. The VVMTA's Adopt A Trail (AAT) and Wildlife Trail Ambassador (WTA) programs have been incredibly successful maintaining trails, protecting wildlife, and creating local trail stewards. Volunteer stewardship is important and will continue to be a large part of sustaining recreation use in the EHX Ranger District. However, the pandemic significantly increased trail use and a pure volunteer model cannot keep up with the current and future impacts. The development of the TCC is a necessary expansion and natural progression of the AAT and WTA programs to meet the demands of the growing number of trail users and impacts on trails due to the pandemic. This trained and paid crew's ability to complete complex trail projects, lead volunteer and youth corps teams, complete important trail reroutes, and their ability to position themselves at trailheads communicating seasonal wildlife trail closures, trail etiquette and LNT principles is vital to the sustainability of trails and National Forest system lands in the EHX Ranger District. Our ability to support the TCC and volunteers, to complete front country trail maintenance and critical trail reroutes enables our trail crew to spend their time on more technical backeountry projects. This quickly has become a vital component of our annual program of work and is at the core of our strategy to work collaboratively with our partners to restore and enhance National Forest Lands within our area. Thank you for your consideration of this proposal. If you have any questions about our support for this application, please contact Katherine Bazan, 970-274-9249. Sincerely, Leanne V eldhuis District Ranger Caring for the Land and Serving People Printed an Recycled Paper 40 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 �MENT OF r`-n U.S. DEPARTMENT OF THE INTER uve.0 p United States Department of the Interior �gRCH 3 aAe BUREAU OF LAND MANAGEMENT Colorado River Valley Field Office 2300 River Frontage Road Silt, CO 81652 IN REPLY REFER TO: LLCOG020-8320 January 20, 2021 Mr. Chris Yuan -Farrell Great Outdoors Colorado 1900 Grant Street #725 Denver, CO 80203 Dear Mr. Yuan -Farrell and GOCO, The Bureau of Land Management's (BLM) Colorado River Valley Field Office (CRVFO) strongly supports the efforts of the Vail Valley Mountain Trails Alliance (VVMTA) and Eagle County to obtain grant funding for the Trail Conservation Crew through the GOCO Resilient Communities grant program. BLM lands within the CRVFO have been negatively impacted by the increase in use contributed to the pandemic. In particular, trail use in the Eagle, CO area greatly increased in the spring of 2020 resulting in accelerated damage to trails. Dispersed camping and the associated negative impacts of vegetation trampling, litter, and campfire rings also increased in the area. The recreation use in the area has increased year after year even prior to the pandemic. The BLM manages Special Recreation Management Areas (SRMA), including the Hardscrabble- East Eagle SRMA, to meet certain outcomes and benefits identified by local communities. Some of the benefits that these trails provide include physical and mental wellbeing as well as provide an economic driver for the area. Trail stewardship efforts are strong in the Eagle, CO area but additional help is needed. The Trail Conservation Crew would support BLM field staff and local volunteer groups in maintaining the high use trail systems in the Eagle area. We appreciate the efforts of VVMTA and Eagle County in helping the BLM care for public lands and support their grant application. Sincerely, BRLAN HC MNS , Brian Hopkins Assistant Field Manager INTERIOR REGION 7 • UPPER COLORADO BASIN COLORADO, NEW MEXICO, UTAH, WYOMING C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 •'' - COLORADO , Parks and Wildlife Department of Natural Resources Area 8 - NW Region 0088 Wildlife Way Glenwood Springs, CO 81601 P 970.947.2969 1 F 970.947.2936 Great Outdoors Colorado - Resilient Communities Chris Yuan -Farrell, Senior Program Manager 1900 Grant St. Ste 725 Denver, CO 80203 January 25, 2021 Dear Mr. Yuan -Farrell, Thank you for giving Colorado Parks and Wildlife (CPW) an opportunity to communicate our support and provide comment on Vail Valley Mountain Trail Alliance's (VVMTA) GOCO Resilient Communities grant application for funding of the Trail Conservation Crew. As you know, CPW has a statutory authority to manage all wildlife species in Colorado. This responsibility is embraced and fulfilled through CPW's mission to protect, preserve, enhance, and manage the wildlife of Colorado for the use, benefit, and enjoyment of the people of the State and its visitors. As many portions of Eagle County continue to see significant increases in recreation and demands for use of public lands, so too do we see increases in both direct and indirect impacts to the natural resource. It has become increasingly necessary for local, state and federal stakeholders to creatively and adaptively approach these impacts. Subsequently, many popular trail networks throughout Eagle County have incorporated a variety of seasonal closures for the distinct benefit of wildlife. These seasonal closures are one of many management practices being used locally to potentially help bolster declining wildlife populations. In order for these closures to benefit wildlife, they have to be adhered to by the public. Compliance with these closures is an ever -demanding objective that is often difficult to achieve. Therefore, looking to volunteer programs, developing education and outreach efforts, and staffing positions to encourage compliance is critical to increasing the efficacy of the various management practices aimed at protecting our wildlife. It is with this in mind that CPW offers our support of VVMTA's grant application for funding of the Trail Conservation Crew. Additionally, we hope to work directly with the crew to help address some of the most pressing wildlife concerns in the Eagle Valley. CPW appreciates the opportunity to provide comments on this application. For any questions or concerns, please contact District Wildlife Manager Devin Duval at (970) 930-5264. Sincerely, OF coC Dan Prenzlow, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Taishya Adams • Robert W. Bray • Charles Garcia • Marie Haskett Fes! r o Carrie Besnette Hauser • John Howard • Marvin McDaniel, Acting Vice -Chair • Luke B. Schafer • Eden Vardy • James Vigil, Secretary • Michelle Zimmerman, Acting Chair C21-261 ^= ' ► I87r DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 Matt Yamashita Area Wildlife Manager Cc. Devin Duval, District Wildlife Manager Dan Prenzlow, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Taishya Adams • Robert W. Bray • Charles Garcia • Marie Haskett Carrie Besnette Hauser . John Howard • Marvin McDaniel, Acting Vice -Chair . Luke B. Schafer • Eden Vardy • James Vigil, Secretary • Michelle Zimmerman, Acting Chair :*�' C21-261 1976 i DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 January 26, 2021 Mr. Chris Yuan -Farrell Great Outdoors Colorado•..._. 1900 Grant Street #725 Denver, CO 80203 Dear Mr. Yuan -Farrell and the GOCO selection committee, The Town of Eagle ("Town") strongly supports the efforts of the Vail Valley Mountain Trails Alliance ("VVMTA") and Eagle County to obtain grant funding for the Trail Conservation Crew through the GOCO Resilient Communities grant program. Our Open Space program is responsible for maintaining almost 20 miles of natural surface single track trails within the Town boundaries on top of an additional 100 miles of trail in partnership with the Bureau of Land Management, Colorado River Valley Field Office. The Town is extremely reliant on our partnership with VVMTA for their extensive volunteer base and trail expertise to support and maintain the high -quality trail system that exists here in the Eagle area. When COVID Iockdowns first began last March, Eagle saw a massive inflex of recreationists using our trails because we have some of the first trails to dry out in the spring. On several peak days, our trail counters recorded over 3,000 users on the Haymaker trail alone. Although numbers began to decline slightly once other trails in Eagle County started to dry out, Town trails and infrastructure saw a continued increase of use from years prior. The growth in use took a noticeable toll on our natural resources in the region, contributing to community anxiety around stewardship. Trails took a perceptible beating, trailhead infrastructure was continually overused, and unregulated camping caused irreversible damage in the Bellyache area. With a decreased Town Open Space budget owing to COVID, VVMTA volunteers were quick to respond, assisting the Town with education and outreach, trail work, and other stewardship needs. The 2020 Elevate Eagle Comprehensive Plan, developed with extensive community input, exhibited that access to trails and open space continues to be one of the primary reason residents choose to live in Eagle and that they are key drivers for our quality of life. Further, outdoor recreation is an important economic driver for the Town and maintaining a high -quality trail system is seen as essential for our Town businesses and residents. With continually increasing visitor numbers, VVMTA's full-time trail conservation crew will be essential for stewarding our natural resources and educating a new generation of outdoor recreationists. Last, the crew will provide desirable and high -paying jobs for youth here in Eagle County. The benefits of the Town's partnership with VVMTA have been noticeable and tangible for our Town's residents, visitors, wildlife, and trail system. A full-time conservation crew will continue that legacy and will help prepare and steward the incredible natural resources in the Town of Eagle for another projected summer of record outdoor recreational visitors in the area. Sincerely, Town of Eagle PO Box 609 • 200 Broadway • Eagle, CO 81631 • www.townofeagle.org • info@townofeagle.org • 970-328-6354 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 A on Post Office Box 975 100 Mikaela Way COLORADO Avon, CO81620 Mr. Chris Yuan -Farrell Great Outdoors Colorado 1900 Grant Street #725 Denver, CO 80203 January 26, 2021 Dear Mr. Yuan -Farrell and LOCO, The Town of Avon strongly supports the efforts of the Vail Valley Mountain Trails Alliance (VVMTA) and Eagle County to obtain grant funding for the Trail Conservation Crew through the GOCO Resilient Communities grant program. The Town of Avon's trails, specifically the West Avon Preserve (WAP) is the crown jewel of outdoor recreation for our community. Access to high quality trails increases quality of life and improves the physical and mental health of Avon residents. The West Avon Preserve is a significant economic driver for the Town of Avon and its businesses as well. The WAP trail system receives the most trail use of any trail system in Eagle County. Trail users travel to experience the trail system from across Eagle County, neighboring counties, and the Front Range. The Town of Avon did see a significant increase in use of the West Avon Preserve trail system during the pandemic and believe that use will only continue to increase. It is more important than ever to care for our trails, natural resources, and mitigate impacts from increased recreation. The Trail Conservation Crew will be a tremendous resource for our limited trails staff to do this. The VVMTA is a trusted and valuable partner to the Town of Avon. Their Adopt A Trail program has provided important trail maintenance in the West Avon Preserve since 2016 and will only improve with the addition of the TCC. We strongly support GOCO awarding these funds to the VVMTA and Eagle County. Thank you for your consideration. Sincerely, CA4 �4& Mayor Sarah Smith Hy rTs � Signing with the support of the full Town Council: Mayor Pro Tern Amy Phillips, Councilor Tamra Underwood, Councilor Chico Thuon, Councilor Scott Prince, Councilor Lindsay Hardy, Councilor Russell Andrade and Mayor Sarah Smith Hymes C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 Town of Minturn 301 Boulder St. #309 Minturn, CO 81645 970-827-5645 info@minturn.org www.minturn.org Mr. Chris Yuan -Farrell Great Outdoors Colorado 1900 Grant Street #725 Denver, CO 80203 Dear Mr. Yuan -Farrell and GOCO, Town Council Mayor —John Widerman Mayor Pro Tern — Earle Bidez Council Members: Terry Armistead George Brodin Brian Eggleton Eric Gotthelf Gusty Kanakis The Town of Minturn strongly supports the efforts of the Vail Valley Mountain Trails Alliance (VVMTA) and Eagle County to obtain grant funding for the Trail Conservation Crew through the GOCO Resilient Communities grant program. The Town of Minturn saw a significant increase in recreation use on trails in and connecting to our community due to the COVID-19 pandemic. On a daily basis trailhead parking lots were full and overflowing onto main streets and neighborhoods which rarely happened in the past. Minturn residents and visitors highly value trails, recreation opportunities, and the surrounding public lands. Outdoor recreation and access to trails directly contribute to the improved physical and mental health of our community. Additionally, recreation directly contributes to the economic vitality of our community and businesses. We see the immediate need to ensure these amenities are maintained and improved. The Town of Minturn does not have an Open Space, Trails, or Recreation staff and the Trail Conservation Crew would immediately fill this role while providing jobs to local residents. The VVMTA has been and continues to be a trusted partner within our community. Thank you for your consideration and we strongly support GOCO awarding these funds to the VVMTA and Eagle County. Sincerely, John Widerman Mayor Town of Minturn C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 TOWN OF 75 S. Frontage Rd. W Vail, CO 81658 January 29, 2021 Mr. Chris Yuan -Farrell Great Outdoors Colorado 1900 Grant Street #725 Denver, CO 80203 Dear Mr. Yuan -Farrell and GOCO, Environmental Sustainability Department 970-477-3455 The Town of Vail wishes to express our strong support for the Vail Valley Mountain Trails Alliance (VVMTA) and Eagle County Open Space in their effort to obtain grant funding for the Trail Conservation Crew through the GOCO Resilient Communities grant program. Increased recreation due to the COVID-19 pandemic caused significant impacts not only to trails, but to wildlife as well. The East Vail trails beginning at trailheads within the Town of Vail and entering the Eagle's Nest Wilderness area saw an overwhelming and unmanageable increase in use. The Booth Lake Trail saw 36,787 trail users which was a 73% increase from 2019. Other trails in this area saw increases of 65%, 52%, and 14%. This increased trail use also resulted in trail users breaking seasonal wildlife closures 148 times on the Son of Middle Creek Trail and over 250 times on the North Trail. Outdoor recreation and trails are incredibly important to Town of Vail residents and visitors. The access to the outdoors and recreation opportunities are one of the main reasons why people live here and come here to visit. These visitors are vital to our local economy and support businesses and the employees that live throughout all of Eagle County and rely on jobs in Vail. We are entering a tipping point and if we do not start to care for natural resources the quality and experience of visiting Vail will decline. This decline needs to be addressed more importantly to sustain our natural resources but secondly needs to be addressed to sustain our local economy and residents' quality of life. The Trail Conservation Crew will be an important resource and tool to help mitigate the current and future impacts from increasing recreation. The Town of Vail does support a successful environmental sustainability department but does not have an open space or trails department dedicated to maintaining trails, protecting seasonal wildlife closures, and mitigating recreation impacts. The VVMTA has been a trusted and valuable partner to the Town of Vail, specifically through their Adopt A Trail and Wildlife Trail Ambassador programs. The TCC is an urgent addition and necessary expansion of these programs. Thank you for your consideration and hopeful support of their application for funding. Sincerely, ,�� Kristen Bertuglia Environmental Sustainability Director, Town of Vail C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 Appendix A NEWS ARTICLES & QUOTES HIGHLIGHTING INCREASED RECREATION IMPACTS TO EAGLE COUNTY Colorado Sun: Coronavirus Has Led to Record Crowds on Colorado Public Lands (7/2/20) "We just really need people to be aware and cognizant of where they are parking and how they may be affecting other people," says Marcia Gilles, the acting district ranger for the Vail area's Holy Cross District of the White River National Forest, which, by the way, is the most trafficked forest in the country. "There are definitely some creative campsites popping up out there. I think people are ready to get out right now and they are maybe not thinking through the full plan they might need for getting out there." Gilles says recent weekends have seen cars spilling from the Cross Creek and Holy Cross trailheads. "Every time I talk with a congressional staffer, I tell them `if you don't think public lands are important to this country, you need to get out here and see what's going on right now,' just to reinforce the fact that we need to invest in these things," Fitzwilliams says. "The Latin translation for recreate is re-create, to restore. And that's what we are seeing. People are seeking restoration on their public lands. It's a challenge, sure, but it's a beautiful thing to see." said White River National Forest Supervisor Scott Fitzwilliams. https://coloradosun.com/2020/07/02/coronavirus-record-crowds-on-colorado-public-lands/ Vail Daily: COVID-19 lured lots of folks to the White River National Forest this summer (9/10/20) Front Country Rangers found 32 unattended fires this summer — 26 in the Homestake area and six in the Red Sandstone/Piney area. She noted only three unattended fires were found in 2019. There were so many more people in the forest, there were many first-time campers who didn't understand the need or the process to completely extinguish a campfire. Creation of new rock rings also was a big issue this summer, Peterson said. So far in 2020, crews have removed 95 public -created rock rings. That compares to 17 removed during there same period last year. But with so many COVID-19-inspired unknowns, and with many local jurisdictions facing budget cuts, the Front Country Ranger program may look different next year. In acknowledgement of the situation, Peterson presented budget options would cut costs and cut back patrol frequency. https://www.vaildaily.com/news/covid-19-lured-lots-of-folks-to-the-white-river-national-fores t-this-summer/ Vail Daily: Vail Considering Next Steps to Manage Impacts from Surge in Outdoor Recreation (12/3/20) C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 Appendix A NEWS ARTICLES & QUOTES HIGHLIGHTING INCREASED RECREATION IMPACTS TO EAGLE COUNTY "This past summer was so busy," Leanne Veldhuis, district ranger for the Eagle -Holy Cross Ranger District of White River National Forest, told the Vail Town Council. "We're probably anticipating that next summer as well. I think we all realize the public has really discovered outdoor recreation." "I want people to have access to trails, to enjoy our wilderness, to see the beauty we have," said Councilmember Brian Stockmar, adding that he also wants to see people following Leave no Trace principles to help protect those areas. "The degradation I have seen over the last 20 years is just stunning. It's painful." Heavy usage is impacting trails, wildlife, and natural resources with problems related to trash, campfires, and human and pet waste. It's also impacting neighborhoods near popular trailheads with parking and traffic. "We do want a plan for next summer. Something's got to change. We can't just have another summer of status quo," said Councilmember Kim Langmaid. Heavily -visited areas like the national forest in Eagle County and around Vail will continue to see more people now that the general public has discovered outdoor recreation nationwide, Veldhuis predicted. And that's expected to prompt many communities to continue to wrestle with ways to better manage public access to public lands, educate people about trail etiquette and reduce impacts. https://www.vaiIdaily.com/news/vail-considering-next-steps-to-manage-impacts-from-surge -in-outdoor-recreation/ Journal -Advocate: Colorado parks and trails are more crowded than ever. What will land managers do about it? (1/21/21) "Short-term, we're thinking, `Spring is right around the corner, COVID hasn't gone away," White River National Forest Supervisor Scott Fitzwilliams said. "Many of those newcomers found a new passion in life. We don't have a lot of resources or things we can change in short order between now and when the summer season comes upon us. However, we can be better aware and prepared." https://www. mou rnal-advocate.com/2021 /01 /22/colorado-parks-trails-crowded/ Colorado Sun: Coloradans' increased use of public lands during coronavirus is taking its toll (1 /10/21) In the old days, there were more staff and resources, Fitzwilliams says. Since he started at White River National Forest 11 years ago, the budget he oversees has plunged 45%, he says. The busiest national forest serves as a microcosm for broader cuts to the U.S. Forest Service over recent years. "We're hitting a point where we can't keep going down while the use (of lands) and output keeps going up," Fitzwilliams says. C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 Appendix A NEWS ARTICLES & QUOTES HIGHLIGHTING INCREASED RECREATION IMPACTS TO EAGLE COUNTY "The recreation economy is one of those economies that we see as a renewable and sustainable resource, but there's a level of stewardship that goes along with that," Deputy Executive of the Department of Natural Resources Tim Mauck says. "We gotta be proactive in terms of maintaining that balance, to keep what's special about Colorado truly special." https://coloradosun.com/2021 /01 /10/colorado-public-lands-coronavirus-toll/ PEW: Rural Vacation Towns Made It Through the Summer. Now What? (10/7/20 ) "Whether they're Colorado visitors or out-of-state visitors, particularly from a drive -market standpoint, people are incredibly hungry to get outdoors," said Vail Town Manager Scott Robson. Tourist spending across rural Colorado appears to have shifted this year, said Colorado Tourism Office Director Cathy Ritter in an email to Stateline. The share of travelers booking campsites and short-term rentals has increased, while the share booking hotel rooms has declined, she said. Her office also is hearing that more visits to public lands don't necessarily translate into more spending on local attractions. "Visitors do not seem to be stopping to spend [money] in nearby communities," she said. https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2020/10/07/rural-vacati on -towns -made -it -through -the -summer -now -what CPR: The Vail Valley Is Open For Business. Just Bring Your Mask (7/3/20) The coronavirus is not keeping tourists away from Colorado's Vail Valley. Despite canceled fireworks shows and concerts, hotels are either full or nearly full in the popular weekend getaway along 1-70. Rafting and fishing outfitters are turning down new reservations. https://www.cpr.org/2020/07/03/the-vail-valley-is-open-for-business-just-bring-your-mask/ Colorado Sun: Eagle County rolls out welcome mat, says "summer of the part-time resident" will aid coronavirus recovery (6/1 /2020) It's not an ad campaign. There isn't a big push on social media. Local health officials have vetted and approved the plan. The first -of -its -kind effort includes a tool kit for locals to craft emails, phone calls and postcards to nonresident home owners with the tagline "Come here, live here, stay here." https://coloradosun.com/2020/06/01 /eagle-county-second-home-owners-resort-tourism-cor onavirus/ C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 Appendix A NEWS ARTICLES & QUOTES HIGHLIGHTING INCREASED RECREATION IMPACTS TO EAGLE COUNTY Vail Daily: Vail Valley real estate boom continues — for now (12/4/2020) Eagle County real estate sales in October set a third consecutive monthly real estate sales record, with more than $600 million worth of property trading hands. According to data from Land Title Guarantee Company, October's record shattered September's record of $515 million in sales. That month, in turn shattered the August monthly record of $418 million. That record eclipsed a 15-year-old record for monthly sales. https://www.vaiIdaily.com/news/vaiI-valley-real-estate-boom-continues-for-now/ Vail Daily: Vail Valley Real Estate Market Sets Another Sales Record (10/29/20) "It's not just COVID," Byrne added. "There's been a change in lifestyle."That change in lifestyle is also reflected in the Land Title numbers. The makeup of buyers has historically seen about half of sales going to people who already live in Eagle County. For the year to date, 51 % of all buyers are Eagle County residents. That profile shifted significantly in September. That month, 40% of buyers were Eagle County residents. Front Range (22%) and out of state (37%) buyers together made up 59% of the buyers last month. https://www.vaiIdaily.com/news/vaiI-valley-real-estate-market-sets-another-sales-record/ Colorado Hard Money: Zoom towns become boom towns: Colorado excels (9/24/20) A "zoom town" is a place where highly paid knowledge workers have flocked to ride out the pandemic and work in style outside of a major metro city with ample recreational opportunities. These places are typically smaller and very desirable to visit with world class amenities. They are called Zoom towns as a reference to the video conference app, Zoom, that is heavily used by the knowledge workers. If you have been to any mountain community this summer, this is the busiest I have ever seen it in the last 16 years. It is like a July 411 holiday weekend every day of the summer with towns packed with tourists and new residents. At a recent remote trailhead on a Tuesday, historically I would see a handful of locals, this year there were 50 cars and 40 of them with out of state tags! https://coloradohard money.com/zoom-towns-become-boom-towns-colorado-excels/ C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 EXHIBIT C INSURANCE CERTIFICATE 14 C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 �1 ACaDATE (MM/OD/YYYY) R" CERTIFICATE OF LIABILITY INSURANCE 5/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER[S], AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy[ies] must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement[s]. PRODUCER CONTACT NAME: Cake Insure PHONE FAX AJC No): 1624 Market St, Ste 226, #63440 E-MAIL supportCcakeinsure.com ADDRESS: Denver, CO 80202-5926 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A : Pinnacol Assurance 41190 INSURED Vail Valley Mountain Bike Association INSURERB: PO BOX 3986 INSURER C : Avon, CO 81620 INSURER D INSURER E : CCIVERAGES CERTIFICATE NLJMRER- REVlglnN NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER MWDDNWY POLICY Err POLICY EXP LFR MMIDCUYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR AGGREGATE LIMIT APPLIES PER: POLICY PRO ❑ LOC.PRODUCTS JECT OTHER: EACH OCCURRENCE DAMAGE TO RENTED PREMISES LEa occurrence MED EXF (Any one person $ $ $ PERSONAL &ADV INJURY $ GENL GENERAL AGGREGATE $ - COMPlOP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DED I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOFUPARTNEPJEXECUTIVE Y'N RI OFFICEMEMBEREXCLUDED? N❑ . [Mandatory in NH] If yes, describe under DESCRIPTION OF OPERATIONS below NIA N 2502675 04/22/2021 04/22/2022 X PER OTH- STATUTE ER E L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS ILOCATI0NS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Eagle County SHOULD ANY of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 179 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle CO 81631 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .alila Diaz ]nderwriter ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and Iofid IxiW ilegistered marks of ACORD a002M000OOwpM7MQAU DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 CERTIFICATE HOLDER COPY Eagle County IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. C21-261 a002M00000wpM7MQAU DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 PETERI MARTIN INS 995 COWEN DR 202 CARBONDALE, CO 81623 1-970-963-6161 Certificate of Insurance Certificate Holder Eagle County PO Box 179 - 500 Broadway Eagle, CO 81631 Insured ................................................ Vail Valley Mountain Bike Association Vail Valley Mountain Trails Alliance PO BOX 3986 AVON, CO 81620 PROGREll/UE COMMERCIAL Policy number: 948693815 Underwritten by: Artisan and Truckers Casualty Co NAIC Number:10194 May 26, 2021 Page 1 of 1 Agent ................................. PETER 1 MARTIN INS 995 COWEN DR 202 CARBONDALE, CO 81623 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Liability coverage may not apply to all scheduled vehicles. ............................................................................................................................................................................. Policy Effective Date: Apr 28, 2021 Policy Expiration Date: Apr 28, 2022 Insurance coverage(s) Limits ........................................................................................................................ Bodily Injury/Property Damage $1 A0,000 Combined Single Limit ........................................................................................................................ Uninsured/Underinsured Motorist $1,000,000 Combined Single Limit Description of Location/Vehicles/Special Items Scheduled autos only .................................................................................................................................................. 2012 TOYOTA TUNDRA 5TFHY5F14CX241242 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded .................................................................................................................................................. 2009 CHEVROLET SILVERADO 1 GCEK19059Z202639 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. Form 5241 (05/16) C21-261 DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 ,�� o CERTIFICATE OF LIABILITY INSURANCE _T DATE(MM/DD/YYYY) 02/23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGATIVELYAMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Pachner & Associates, LLC PHONE 518-576-2100 FAx 866-406-9548 AIC No Ext : AIC No): E-MAIL don@pachner.us ADDRESS: @p PO Box 140, PRODUCER Keene, NY, 12942 CUSTOMER ID INSURERS AFFORDING COVERAGE NAIC # INSURED SSEI Program Management Inc. INSURER A: HDI Global Specialty SE AA1340041 Vail Valley Mountain Bike Association DBA Vail Valley Mountain Trails Alliano INSURER B : Colony Specialty Insurance Company 36927 INSURER C : PO Box 3986 Avon, CO, 81620 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: A-SP-SU-21-02-11-222684 E2 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITIOI• OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY DIP LIMITS A GENERAL LIABILITY X COMMERICAL GENERAL LIABILITY Y IN HDGL19000413 02/23/2021 02/23/2022 EACH OCCURRENCE 1,000,000.00 DAMAGE TO PREMISES RENTED An one remises $ 300,000.00 X CLAIMS -MADE FX OCCUR MED EXP (any one person) s5,000.00 PERSONAL & ADV INJURY $1,000,000.00 X INCLUDES ATHLETIC PARTICIPANTS GENERAL AGGREGATE s 3 000 000.00 PRODUCTS - COMP/OP AGG $ 2 000 000.00 GENERAL AGGREGATE LIMIT APPLIES PER: $ X POLICY El PROJECTEl LOC A AUTOMOBILE UABLRY ANY AUTO HIRED AUTOS HDGL19000413 02/23/2021 02/23/2022 OMBINEDSINGLE LIMIT Ea accident $ 1,000,000. X ALL OWNED AUTOS X NON -OWNED AUTO BODILY INJURY (Per person; $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ SCHEDULED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ $ RETENTION WDWKERSCONPENSATION WC TAT OTH- FR AND EMPLOYERS LIABILRY Y / N ANY PROPRIEfORPARTi SIZE) ECUMVE OFFICEIRMEMBEREXCLUDED? El tMencWtayin NH) N / A E.L. EACH ACCIDENT $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE Is E.L. DISEASE - POLICY LIMIT Is OTHER A Abuse/Molestation Y HDGL19000413 02/23/2021 02/23/2022 Each Occurrence: $ 25,000.00 Aggregate: $ 50,000.00 B Inland Marine Y IMS 4260664 04/08/2021 02/23/2022 Single: $ 44,924.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Liability Policy Deductible: $ 0.00 per each bodily injury or property damage claim. ISO Occurrence form CG 00 01 04 13 and company's specific Endorsed Date :Apr 27 2021 12:OOAM EST forms. Coverage for Participant Legal Liability requires that every participant signs a waiver/release. The certificate holder is named as Additional Insured with respect to negligent acts or omissions of the Named Insured and only with respect to the Operations of the Insured during the coverage period. RE: Registered Other : Trail Maintenance participants: 02/23/2021 - 02/23/2022; CERTIFICATE HOLDER CANCELLATION Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees agents and volunteers SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 500 Broadway, PO Box 449 AUTHORIZED REPRESENTATIVE Eagle, CO, 81631 Mark Di Perno C21-261 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ©1988- 2009 ACORD CORPORATION. All rights reserved. DocuSign Envelope ID: 0036CCA3-2FCE-4BA1-997B-DOA10ED966D2 AGENCY NAMED INSURED Pachner & Associates, LLC Vail Valley Mountain Bike Association DBA Vail Valley Mountain Trails Alliance POLICY NUMBER HDGL19000413 PO Box 3986 CARRIER NAIC CODE Avon, Co. 8169n HDI Global Specialty SE AA1340041 EFFECTIVE DATE: 02/23/2021 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance C21-261 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ©1988- 2009 ACORD CORPORATION. All rights reserved.