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C23-098 Eagle River Watershed Council
DocuSign Envelope ID: A48B49EF-6EE5-41C8-8F9C-23F1BB27DC6C AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EAGLE RIVER WATERSHED COUNCIL THIS AGREEMENT ("Agreement") is effective as of January 1, 2023 by and between Eagle River Watershed Council, a Colorado nonprofit corporation (hereinafter "Contractor," "Watershed Council," or "BRWC") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, Contractor has agreed to provide services and opportunities to help protect the natural environment; and WHEREAS, these funds support Contractor's general operating expenses, restoration projects, coordination of the Eagle River Cleanup and Community Pride Highway Cleanup, Water Quality Monitoring & Assessment Program, and the Eagle River Watershed Council's community education programs and other programs (the "Project") based out of the Eagle River Watershed Council office at 461 Railroad Avenue, Gypsum, Colorado (the "Property"); and WHEREAS, the parties acknowledge and agree that the Services, as defined below in paragraph 1 hereof, promote the health, safety and welfare of the people of Eagle County and are intended to provide services that could otherwise be performed by County directly; and WHEREAS, Contractor has elected to perform the Services on its own and County has, therefore, elected to compensate Contractor to perform the Services for the public, to fulfill an important public purpose; and WHEREAS, compensation paid by County to Contractor enables Contractor to perform the Services for the public and County shall have no responsibility for the performance of the Services; and WHEREAS, County desires to enter into this Agreement with Contractor for the performance of the Services to the public which will directly support and sustain a healthy, environmentally and economically vital and socially diverse community; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. DocuSign Envelope ID: A48B49EF-6EE5-41C8-8F9C-23F1BB27DC6C a. Contractor agrees to furnish the Services and reports or other information required by County in accordance with the schedule established in Exhibit A. If no schedule is specified in Exhibit A, then Contractor agrees to furnish the Services to the public in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative. The Environmental Health Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 3 1 " day of December 2023. County makes no representations concerning the possibility of future Agreements with Contractor and Contractor should not rely on this Agreement being extended or renewed in the future. Modifications. Any amendments or modifications shall be in writing signed by both parties. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $90,000. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor either revise the invoice or provide additional information. To ensure proper payment, all invoices must be in .pdf format delivered via email to Maureen Mulcahy (maureen. mulcahy@eaglecounty.us). b. If, prior to payment of compensation or reimbursement for Services but after submission to County of a request therefore by Contractor, County reasonably determines that payment as requested would be improper because the Services were not performed as prescribed by the provisions of this Agreement, the County shall have no obligation to make such payment. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement or purposes for which payment was made were misrepresented, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. compensation. No additional services or work performed by Contractor shall be the basis for additional 2 Service Award Agreement 2023 DocuSign Envelope ID: A48B49EF-6EE5-41C8-8F9C-23F1BB27DC6C d. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense insurance appropriate for the type of Services it provides to the public. Such insurance may include, but not be limited to, workers compensation insurance as required by law; automobile coverage; commercial general liability or professional liability coverage. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. Indemnification, Governmental Immunity and No Third -Party Beneficiaries. a. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, any negligence or willful malfeasance on the part of the Contractor in performing the Services; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. b. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. C. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties and not to any third party. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party any right to claim damages or to bring any suit, action or other proceeding in connection with the Agreement. The parties acknowledge that the Services could otherwise be performed by the County but County has instead determined to provide financial support through compensation as set forth in paragraph 5. Such compensation by County enables Contractor to perform the Services for the public and County shall have no responsibility therefor. Because Contractor is delivering the Services to the public and not Eagle County, the public shall have no rights under this Agreement and may not make any claim against County in connection with this Agreement. 3 Service Award Agreement 2023 DocuSign Envelope ID: A48B49EF-6EE5-41C8-8F9C-23F1BB27DC6C 9. Documents. Documents and materials prepared by Contractor during the term of this Agreement shall be provided to County upon request and County shall have the right at no additional cost, to copy, use, re -use, publish, display, the documents and materials and prepare derivative works. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Maureen Mulcahy 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-471-8830 E-Mail: maureen.mulcahy@eaglecounty.us With Copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: Eagle River Watershed Council Attention: James Dilzell 461 Railroad Avenue, Gypsum, CO 81637 PO Box 1477 Gypsum, CO 81637 Phone: 970-827-5406 E-Mail: dlzell@erwc.org 11. Termination. Either party may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the other party. County shall pay Contractor only for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a 4 Service Award Agreement 2023 DocuSign Envelope ID: A48B49EF-6EE5-41C8-8F9C-23F1BB27DC6C fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contactor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. b. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. C. Nothing contained in this Agreement shall be deemed to create a relationship of employer - employee, master -servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. d. Contractor shall comply with any and all applicable laws, codes, rules and regulations and all personnel are duly licensed, if required, to perform the Services in Colorado. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. £ Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. h. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. i. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. j. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. k. Contractor acknowledges that it is prohibited from using Eagle County funds to provide certain public benefits to undocumented individuals pursuant to C.R.S. 24.76.5-101 et. seq. 5 Service Award Agreement 2023 DocuSign Envelope ID: A48B49EF-6EE5-41C8-8F9C-23F1BB27DC6C 1. Contractor shall comply at all times and in all respects with all applicable federal, state and local laws, resolutions and codes; and specifically, with the requirements of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act concerning discrimination on the basis of race, color, gender, sex, sexual orientation, age, religion, national origin or disability. In. Contractor shall maintain, for a minimum of three (3) years, adequate financial and programmatic records for reporting to County on the performance of its responsibilities hereunder. Contractor shall be subject to financial audit by county auditors or their designees. Contractor authorizes County to perform audits or to make inspections during normal business hours, upon 48 hours' notice to Contractor for the purpose of evaluation its performance under this Agreement. Contractor shall cooperate fully with County. n. The recitals set forth above are incorporated herein by reference. [REST OF PAGE INTENTIONALL Y LEFT BLANK] 6 Service Award Agreement 2023 DocuSign Envelope ID: A48B49EF-6EE5-41C8-8F9C-23F1BB27DC6C IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER DocuSigned by: By. i 1 �64 Jeff Shroll, County Manager CONTRACTOR: EAGLE RIVER WATERSHED COUNCIL Docu Signed by: By: , ' Lll E9D23D815B3743F... Print Name: James Dilzell Title: Executive Director 7 Service Award Agreement 2023 DocuSign Envelope ID: A481349EF-6= 41C8-8F9C-23F1BB27DC6C EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES, REPORTING REQUIREMENTS 1. SCOPE OF SERVICES a. CONTRACTOR SHALL PERFORM OR PROVIDE THE FOLLOWING SERVICES OR PROGRAMS TO THE PUBLIC: i. General Administration ($25,000). These funds support the Watershed Council's general operating expenses, which include rent, equipment and staff salaries. Additionally, general administrative support allows the Watershed Council to participate actively as a stakeholder in projects and events that may impact our rivers. Regardless of whether Eagle River Watershed Council is the lead on such projects, the organization offers critical, unbiased, expert participation and guidance to efforts, serving as the voice for the river, riparian ecosystems and water quality. Such work is supported solely by general (unrestricted) funds, as it is not line-itemed in the annual budget. Examples of projects in which the Watershed Council actively participates include source water protection planning for municipalities throughout the county; seeking Wild & Scenic Rivers designation for Deep Creek; participating in the Upper Colorado River Wild & Scenic Stakeholder Group; serving as the Eagle County municipalities' representative on the Colorado Basin Roundtable; finalization and implementation of the Community Water Plan; and serving on the Eagle County Wildfire Council. The Watershed Council also responds to land -use proposals through participation in the land use process and the 1041 permitting process. A number of foundations also provide the financial support necessary for participation in these activities including the Land & Rivers Fund, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, the Town of Avon, as well as several corporations, individuals, and the Watershed Council board members. ii. Restoration Projects ($25,000). Eagle River Watershed Council coordinates numerous restoration projects throughout the Eagle River Valley and the Upper Colorado watershed each year, which vary in size, scope and location. The Eagle River Watershed Council plans to utilize funding from Eagle County to support the following restoration projects. The funds from the County will be disbursed among the following projects as they are needed, and not necessarily in equal measure: • Upper Colorado/Eagle River Invasive Vegetation Mitigation Project - This project aims to contain the spread of highly -invasive, non-native vegetation species, specifically targeting tamarisk and Russian olive, but to also include other noxious weeds as well. Removal of these aggressive species benefits wildlife and the public alike by improving water quality, restoring native riparian habitat, reducing wildfire fuel and access -limiting overgrowth and restoring degraded and saline -rich soils. In 2023, which marks the third phase of a three- phase project, the acres of vegetation treated and/or removed will be measured using photo points and ArcGIS mapping software. Other noxious weeds will be cataloged and photographed and weed infestation data will be shared with the Colorado Department of Agriculture's Noxious Weed Program, through the EDDMapS system, in coordination with the Eagle County Vegetation Manager. Additionally, outreach will be done with private property owners within the range of tamarisk. • US Forest Service projects - The Watershed Council will continue to work in collaboration with the US Forest Service through two primary efforts. The first will reduce erosion and sediment in the Wearyman Creek watershed on Shrine Pass and the second effort will replace an undersized and aging culvert with an Aquatic Organism Passage (AOP) structure in the Homestake Valley. In the Wearyman Creek Watershed, the primary objective of the work to occur in 2023 is initiate a stakeholder process to determine a preferred alternative route of Wearyman Road in order to fix sedimentation and aquatic habitat issues. The AOP 8 Service Award Agreement 2023 DocuSign Envelope ID: A481349EF-6= 41C8-8F9C-23F1BB27DC6C structure in the Homestake Valley, delayed from 2022, will improve water quality issues, reduce the likelihood of road failure and allow the unimpeded movement of wildlife near East Homestake Creek. • Brush Creek Valley Ranch and Open Space - The Watershed Council will continue to support the work of the Eagle County Open Space (ECOS) Program with the ongoing Low - Tech Process Based Restoration project on Brush Creek, including natural infrastructure and monitoring efforts. ERWC will recruit and coordinate volunteers, lead monitoring efforts, and assist in applying for additional funding if necessary. • Grizzly Creek Fire Recovery — Glenwood Canyon is an important transportation corridor and recreational area for Eagle County residents and visitors that also provides wildlife and water quality benefits to our regional community. The Watershed Council will support efforts by the Glenwood Canyon Restoration Alliance (GCRA) to restore areas of Glenwood Canyon that were impacted by the Grizzly Creek fire through participation in restoration projects focused on revegetation and assisting with the coordination of education events, as appropriate. Additionally, ERWC remains an engaged member of the monthly meetings to assist in planning and stay apprised of any work. • Riverwalk Riparian Restoration project— This project aims to restore riparian function to the overused riparian area adjacent to the Riverwalk at Edwards by creating sustainable river access, creating bank stabilization and reestablishing native revegetation. In 2023, the Watershed Council will launch, depending on adequate funding, phase two of this three- phase project with a competitive bidding process to hire a contractor for the design and permitting of erosion control measures on steep slopes and revegetation in the project area. Volunteers and partners at the Riverwalk will be utilized to implement elements of the erosion control project, revegetation and community outreach. The Watershed Council has been awarded partial funds for this, dependent on National Environmental Policy Act (NEPA) compliance in addition to matching funds from the Riverwalk Property Owners Association. We are actively pursuing grant funding to fully implement this project. • Weed Warriors of Eagle River Valley— Three invasive vegetation mitigation projects will be completed within Eagle County in 2023. The program will be community -driven, with the opportunity for community members to nominate their neighborhood to be involved in a weed warriors project. • Small-scale volunteer projects - Four single -day projects will be completed in the county, each utilizing volunteers for on -the -ground work. These projects typically involve social trail closures and noxious weed removals and are distinct from other projects listed. • The Black Gore Creek Steering Committee is a group coordinated by the Watershed Council to monitor the annual removal of highway traction sand on Vail Pass and limit its impacts on Black Gore Creek. Additionally, the Watershed Council is engaged in the Stream and Wetland Ecological Enhancement Program (SWEEP) Issue Task Force for the I-70 West Vail Pass Auxiliary Lanes project. In 2023, the Watershed Council will hold a meeting with the steering committee and will coordinate the monitoring effort. • Lower Eagle Restoration - The Watershed Council is partnering with the Bureau of Land Management to improve riparian and aquatic habitat resiliency of the lower Eagle River on the Bureau of Land Management (BLM) property west of Gypsum, roughly from the Gypsum Campground to the River Dance RV Park. This is a multi -phase and multi -year project, with the Watershed Council doing concept planning in 2023 and applying for additional funds if necessary. 9 Service Award Agreement 2023 DocuSign Envelope ID: A481349EF-6= 41C8-8F9C-23F1BB27DC6C iii. Community Pride Highway Cleanup ($2,500) & Eagle River Cleanup ($2,500) (total=$5,000). The coordination of the two largest annual cleanup events in Eagle County requires event marketing and planning, volunteer recruitment and management of more than 1,300 volunteers. During a typical Highway Cleanup in the spring, 12 tons of trash is collected along 140 miles of highways by volunteers, though this amount will increase to 17 tons in 2022. River Cleanup teams remove trash and debris from about 70 miles of river each fall. Both the Highway Cleanup and the River Cleanup events build community throughout the Eagle River Valley, offering participants a feeling of ownership in the effort to maintain our environment. Eagle County's continued support of these events displays the strategic collaborations needed to meet the community's environmental stewardship initiatives. The funds received from sponsorship of these events support the work of the Watershed Council throughout the year. Additional support comes from local businesses, individuals, corporations, clubs, foundations and municipalities. ERWC will continue to evaluate additional strategies such as "adopt a highway" programs to maximize our community's ability to divert trash from our waterways. iv. Water Quality Monitoring & Assessment Program ($10,000). This program coordinates water quality and biological data collection by numerous entities in the Eagle River watershed. It provides a central and easily -accessible repository for the data and ensures that data collection is not duplicative and that there are no gaps in the monitoring effort. Funding supports coordination of data collectors, data analysis, annual reporting to stakeholders and the community, the maintenance of a shared database and the production of a biannual report card that offers a graphical interpretation of the data. Additional support comes from the Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, Homestake Partners (Aurora and Colorado Springs), Vail Resorts Management Company, Crave Real Estate, the towns of Gypsum, Eagle, Avon, Minturn and Vail and the Colorado River Water Conservation District. v. Community Education Programs ($12,000). The education programs offered by the Watershed Council have grown significantly in recent years, to help the community more intimately understand the local watershed and threats to river health. These programs include: • Eagle Mine Committee - The Watershed Council utilizes this technical committee to take a strategic approach to the ongoing cleanup of the Eagle Mine Superfund site. The committee, which is overseen by the Watershed Council staff/board, reviews technical reports from the Environmental Protection Agency (EPA) and Colorado Department of Public Health and Environment (CDPHE), and submits comments as necessary. Additionally, the Watershed Council distills the information within the reports into layman's terms and shares the information with the public. Furthermore, the Watershed Council organizes occasional public meetings regarding the Eagle Mine. • RiverWatch - The Watershed Council coordinates a RiverWatch team that monitors water quality above and below new developments located along Brush Creek. In 2023, the Watershed Council will continue collecting the data and will work with local schools and youth programs to assist with these efforts. • Watershed Immersions Series— This program, which is aimed at connecting the community to our watershed, will be offered at least six times in 2023, in a variety of formats. These events will engage participants in education regarding a variety of water -related topics, allow for exposure to new experiences on or near the river and support stewardship of local water resources. • Water Law Workshops - The Watershed Council will offer continuing education credits for lawyers, real estate professionals and other interested individuals through a Water Law in a Nutshell Workshop in 2023. 10 Service Award Agreement 2023 DocuSign Envelope ID: A481349EF-6= 41C8-8F9C-23F1BB27DC6C • The Eagle River Water Festival is an educational event held annually in the fall. All fifth - grade students in contiguous Eagle County are bussed to the event, where they learn about all things water through engaging activities. Lesson topics include: river safety, fly casting, fly tying, river bug identification, water filtration and treatment, the science of buoyancy and algae and more. • Eagle River Watershed Council will continue to publish a monthly e-newsletter, distributed to more than 1,800 people, and a monthly column in the Vail Daily. Additional education funding also comes from private foundations, businesses and individual donations. vi. Clean & Flowing Rivers Program • Urban Runoff ($10,000). In 2023, the Watershed Council will coordinate the Urban Runoff Group, which works to identify and implement strategies for water quality protection throughout the valley. Additionally, the Watershed Council will expand the program's community education aspects (including raising awareness of stormwater pollutants and how human behavior affects the rivers) through outreach events and more. • Regional Outdoor Water Efficiency ($3,000). The Watershed Council will offer a robust water efficiency education program in 2023, through community outreach events, rain barrel and DIY landscaping workshops, HOA policy review and updates, a community -wide survey and more. ERWC has received funding from private foundations to initiate this work, and is actively seeking grant funding to increase program capacity. Eagle County's support of Eagle River Watershed Council will be recognized with the placement of the Eagle County logo on collateral and advertising for the Community Pride Highway Cleanup on May 6, 2023 and the Eagle River Cleanup, scheduled for September 9, 2023. Additionally, Eagle River Watershed Council will recognize Eagle County's support on project collateral at volunteer events and on social media. b. CONTRACTOR SHALL COMPLY WITH THE FOLLOWING SCHEDULE OR MILESTONES IN PERFORMANCE OF THE SERVICES: The aforementioned services will be provided throughout the year. 2. FEES The services detailed above will be provided for a total of $90,000. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor either revise the invoice or provide additional information. 3. CONTRACTOR SHALL BE REQUIRED TO SUBMIT THE FOLLOWING REPORTS TO COUNTY: The Contractor shall submit an annual report to Eagle County demonstrating that the services outlined in the scope of work were provided satisfactorily in accordance with the terms of this agreement. Eagle County 11 Service Award Agreement 2023 DocuSign Envelope ID: A48B49EF-6EE5-41C8-8F9C-23F1BB27DC6C shall authorize final payment only if the Contractor adequately demonstrates satisfactory performance. Said report and final invoice shall be submitted no later than December 15, 2023. 12 Service Award Agreement 2023 DocuSign Envelope ID: A48B49EF-6EE5-41C8-8F9C-23F1BB27DC6C__--'IT B i-� EAGLRIV-03 DHARLAND ACORO DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/9/2023 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 II_CONTACT Nick Budor Wall Street Insurance I PHONE FAX 216 Main Street Suite 215 (A/C, No, Ext): (970) 926-4900 (A/C, No): - -- E-MAIL debbie@wallstreetinsurance.com - Edwards, CO 81632 ` ADDRESS: INSURER(S)_ AFFORDING COVERAGE NAIC # INSURERA : Philadelphia Indemnity Ins Co -_ . 18058 INSURED INSURER B Eagle River Watershed Council INSURER C : PO BOX 1477 - - -- INSURER D Gypsum, CO 81637-1441 - - INSURER E INSURER F : r_nVFRAnF:Q r_FRTIFICATF NI IMRFR• RFVISInN NI IMRFR- 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.ADDLISUBR POLICY EFF i POLICY EXP T TYPE OF INSURANCE p WVp POLICY NUMBER MM/DDN /YYYY LIMITS A X -1 COMMERCIAL GENERAL LIABILITY _ - ! 1,000,000 I EACH OCCURRENCE L_ _ CLAIMS -MADE X_ OCCUR PHPK2368119 3/1/2023 3/1/2024 DAMAGE TO RENTED 100,000 '.. PREMI E$_(Eaoccurrence) $ -__- _ 5,000 MED EXP (Any oneperson) $ _ - 1,000,000 PERSONAL & ADV INJURY $ - ENERAL 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F I PRO- LOC AGGREGATE $ PRODUCTS COMP/OP AGG 2,000,000 — _I, JECT L -1 _ - $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT {Ea accident � $ BODILY INJURY (Per person) $ ANY AUTO __ OWNED SCHEDULED AUTOS ONLY AUTOS BODILYINJURY(Peraccident), $_ HIRED NON -AWNED AUTOS ONLY Ri�AUTOS ONLY PROPERTY DAMAGE Per accident) _ _ �- -- $ I $ UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE — AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION EMPLOYERS' LIABILITY PER E� OTH- ER Y / N ANY OFFIPROPRIMBOER/EXCLUD /EXtuuTIVE D? N/A E.L EACH ACCIDENT $ _ andato in NH L We E.L. DISEASE - EA EMPLOY If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required) Eagle County, it's officers, agents, and employees are additional insureds under the General Liability policy as required by written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ty ACCORDANCE WITH THE POLICY PROVISIONS. 500 Broadway Eagle, CO 81631 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD