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HomeMy WebLinkAboutC24-212 Great Outdoors Colorado_grant agreement Page 1 of 14 Updated 09/2023 GRANT AGREEMENT Project Name: Eagle Valley Outdoor Movement Completion Date: January 31, 2026 Contract No.: 24894 Board/GOCO: Address: Telephone: Contact name: Grantee: Address: Primary Contact: Telephone: Co-grantee: Address: Primary Contact: Telephone: Date: April 5, 2024 PARTIES TO AGREEMENT The State Board of the Great Outdoors Colorado Trust Fund 1900 Grant St., Suite 725, Denver, CO 80203 303-226-4533 Leah Kahler Eagle County 500 Broadway, Eagle, CO 81631 Peter Suneson 970-328-8637 Walking Mountains Science Center 318 Walking Mountains Ln, Avon, CO 81620 Gina Van Hekken (970) 306-9111 April 5, 2024 EXHIBITS Exhibit A Grantee Resolution Exhibit B Project Application Exhibit C Approved Budget Exhibit D Governing Agreements between Grantee and Third Party Beneficiaries DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 2 of 14 Updated 09/2023 RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund (“GOCO” or the “Board”) is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the state’s parks, wildlife, open space and recreational resources. B. In 2015, GOCO created a statewide grant program, known as Generation Wild, pursuant to which eligible entities could apply for grants to connect communities to the outdoors. Since then, the Board has prioritized continued Generation Wild support in the GOCO 2020 Strategic Plan to advance equitable access to the outdoors through local coalitions that provide program and pathway opportunities to youth and families. C. Eagle County and Walking Mountains Science Center (“Grantee” or “Grantees”) submitted a detailed application on behalf of Eagle Valley Outdoor Movement Coalition that contemplated executing outdoor programs for youth and families to sustain programmatic work, shore-up capacity and/or refine the operational model. GOCO approved the coalition’s application on September 22. Their application is incorporated as Exhibit B (“Project Application”). D. The Board used its discretionary authority to approve funding for Grantee for the Project for fiscal year 2024, and it has endorsed a funding strategy to provide further funding for fiscal year 2025, conditioned upon annual Board approval and authorization. E. The parties intend this agreement to be the detailed grant agreement required by GOCO (“Agreement”). AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties wish to enter into the Agreement as follows: SECTION 1 – PROJECT SCOPE 1. Incorporation of Recitals. The Recitals set forth above are incorporated into this Agreement. 2. Grant and Project. GOCO awards to Grantee a grant in the amount not to exceed $152,500 for fiscal year 2024 (“Grant”) and has endorsed a funding strategy to provide further funding in the amount of $600,000 for fiscal year 2025. Funding for fiscal year 2025 is contingent upon formal Board approval of such funding during that fiscal year. Payments shall be made to Grantee on an annual basis and subject to the terms and conditions set forth in this Agreement. The Grant shall be used by Grantee solely to complete the Project as approved by GOCO. Grantee has provided GOCO with a resolution adopted by Grantee’s governing body authorizing DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 3 of 14 Updated 09/2023 Grantee’s acceptance of the Grant, subject to this Agreement, and designating an appropriate official to sign this Agreement on Grantee’s behalf. The resolution is attached as Exhibit A. Grantee agrees to use its best efforts to complete the Project. 3. Project Scope. Grantee will not materially modify the Project as described and incorporated as Exhibit B without the written approval of the Executive Director of GOCO (“Executive Director”). Any material change to the Project, whether or not such change is approved in writing by GOCO, may result in a reduction of GOCO’s Grant, and Grantor may require a refund to GOCO from Grantee, pursuant to Paragraph 10 of this Agreement. In addition, any material change to the Project that is not approved in writing by GOCO may result in termination of the Grant. 4. 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”). 5. 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 the Grantee. Further, no waiver with respect to this Project, Grant, or Agreement shall constitute a waiver in any other GOCO-funded project. 6. 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 Interim Planning Documents, Project Applications, or otherwise. SECTION 2 – GRANT PAYMENT 7. Payment of Grant. Payment of the Grant is subject to GOCO’s determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant and that Grantee has complied with this Agreement, including Grantee’s fulfillment of all conditions precedent to funding as set forth in Section 3. 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 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. 8. Payment Options. GOCO offers the following payment options. The Grantee may request either one advanced payment or one progress payment each fiscal year. DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 4 of 14 Updated 09/2023 A. Advanced Payment. The Grantee may request one advanced payment prior to beginning work on the Project per fiscal year. The Grantee may request 100% of the grant amount tied to that given fiscal year’s budget for the Project. Funds to be paid in advance must be committed via executed contracts or other documentation. Annually, at the end of GOCO’s fiscal year which concludes on June 30, GOCO will conduct an audit of all expenditures made by the Grantee using GOCO advanced payment funds during the year (July 1 – June 30). This may include requests for any invoices, receipts, billing statements, evidence of payment, or other supporting materials relating to the receipt and use of GOCO funds by Grantee or third-party beneficiaries. The Grantee agrees to provide GOCO materials requested as part of any such review by July 15. GOCO shall provide the parties written notification if such review indicates deficiencies, errors, or other issues with money previously advanced. The parties agree to confer in good faith within thirty (30) days of receipt of any notifications to achieve a resolution, as appropriate. B. Progress/Final Payments. Once work has started, the Grantee may request one progress payment on the Project per fiscal year. The Grantee may request up to 100% of the grant amount tied to that given fiscal year’s budget upon Grantee’s submission and GOCO’s approval of a progress payment request. Any funds remaining at the Completion Date shall be payable upon Grantee’s submission and GOCO’s approval of a final payment request. 9. Payment Schedule. Grant payments will follow the Grantee’s implementation schedule as set for in Exhibit B. Upon execution of this Agreement, the Grantee is authorized to request an advanced payment for the first year of implementation. The Grantee must expend or be under contract for at least 50% of the first year’s budget to request advanced payment for the next year of implementation, and payment cannot occur until the Board makes its annual funding approval. 10. 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 how the Project was presented, approved by GOCO without prior written approval of the Executive Director; C. Inaccuracies. Any statement or representation made or information provided by the Grantee in this Agreement is untrue, inaccurate or incomplete in any material respect; or D. 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. DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 5 of 14 Updated 09/2023 SECTION 3 – CONDITIONS PRECEDENT 11. Completion Date. Grantee shall complete the Project no later than January 31, 2026. Grantee may request an extension of the Completion Date in compliance with GOCO’s Overdue Grants Policy, as may be amended from time to time by GOCO in its sole discretion. GOCO may elect to terminate this Agreement and deauthorize the Grant in the event this Completion Date is not met and/or Grantee fails to comply with the Overdue Grants Policy. 12. Grantee’s Inability to Complete Project. If Grantee determines with reasonable probability that the Project will not or cannot be completed as approved by GOCO, Grantee will promptly advise GOCO in writing. 13. Third Party Beneficiaries. The Grantee is responsible for contracting with all third-party beneficiaries of the Grant to bind those beneficiaries to the terms and obligations set forth in this Agreement. Payments will not be released to any third-party beneficiary until a contract is in place. All contracts are to be attached as Exhibit D as executed. 14. Matching Funds. Matching funds in the minimum amount required by GOCO as set forth in Exhibit C, 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. SECTION 4 – OTHER PROVISIONS 15. 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 give timely notice of the Project, its inauguration, significance, and completion to the local members of the Colorado General Assembly, 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. Grantee shall cooperate with GOCO in preparing public information pieces, providing slides and photos of the Project (collectively, “Project Materials”) from time to time, and providing access to the Project for publicity purposes. Grantee agrees that all copyrights and other property rights in the Project Materials developed by Grantee in conjunction with the Project are further owned by GOCO. Grantee forever and irrevocably assigns to GOCO, without further consideration, all right, title and interest in such copyrights and other proprietary rights. Grantee agrees that GOCO, its successors and assigns shall have the exclusive right to file copyright applications in the United States and throughout the world to the Project Materials or any portion of them in the name of GOCO. Grantee agrees that GOCO, its successors, and assigns may act as attorney-in-fact to execute any documents that GOCO deems necessary to record this Agreement with the United States Copyright Office or elsewhere. Grantee agrees to execute any and all documents reasonably requested by GOCO to enforce GOCO’s rights under this provision. DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 6 of 14 Updated 09/2023 16. Reporting Data. Evaluation reporting must adhere to timelines, templates, and/or guidelines established by GOCO evaluator. Grantee will be required to plan and implement an evaluation of all programs, pathways, and places activities and report evaluation progress and results quarterly through a web-based system, with TA from GOCO contract evaluator. Evaluation activities will include tracking program and pathway implementation (e.g., number of youth participating in each session), implementing youth surveys before and after select program and pathway opportunities, measuring activation of places, and tracking youth advisory council activities. 17. Liability. A. Liability. To the extent allowed by law, Grantee shall be responsible for 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 (with the exception of potential claims between GOCO and Grantee relating to performance of this Agreement). Grantee agrees that GOCO shall not be liable or responsible for any such liabilities 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 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. Grantee Liability. Grantee Eagle County shall not assume or be responsible for any duties, obligations or requirements regarding the grant funds or any fiscal duties related thereto under this Agreement or otherwise. Grantee Eagle County does not by this Agreement assume responsibility or liability for Co-Grantee Walking Mountains Science Center’s acts, omissions or failure to perform the obligations of the Agreement. Grantee Eagle County shall in no way be responsible or liable, including for refunding or repayment of Grant funds, for Co-Grantee Walking Mountains Science Center or other third-party beneficiaries’ failure to comply with Grant requirements or the terms and conditions of the Agreement. Grantee Eagle County shall only remain liable for its own acts or omissions. C. 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 or to Eagle County 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”). 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. D. 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, and other similar DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 7 of 14 Updated 09/2023 requirements. E. Nondiscrimination. During the performance of this Agreement, Grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex, and shall comply with any other applicable laws prohibiting discrimination. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 18. Audits and Accounting Records. Grantee shall maintain standard financial accounts, documents, and records relating to the acquisition, 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 to examination and audit by GOCO or its designated agent during this period. All accounts, documents, and records described in this paragraph shall be kept in accordance with generally accepted accounting principles. 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 and/or terminate this Agreement. B. After Payment of Grant. GOCO reserves the right to seek equitable relief and/or all other remedies as available to it under applicable law, including but not limited to the return of all or a portion of the Grant. Further, GOCO reserves the right to deem Grantee ineligible for participation in future GOCO grants, loans, or projects. 20. GOCO Policies. With regard to all named GOCO policies referenced in this Agreement, Grantee acknowledges it has received a copy of the policies 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. C. Applicable Law. Colorado law applies to the interpretation and enforcement of this Agreement. D. 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, DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 8 of 14 Updated 09/2023 employee, or agent of GOCO or the State of Colorado. E. Time is of the Essence. Time is of the essence in this Agreement. F. 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 Project. G. 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. H. 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. I. Construction; Severability. Each party has reviewed and revised (or requested revisions of) 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. J. 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. K. 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. DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 9 of 14 Updated 09/2023 IN WITNESS WHEREOF, the parties execute this Agreement effective as of . GRANTOR: STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND Jackie Miller Executive Director GRANTEE: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COMMISSIONERS By: Matt Scherr Title: Chair, County Commissioners Attest: Regina O’Brien Clerk to the Board CO-GRANTEE: WALKING MOUNTAINS dba WALKING MOUNTAINS SCIENCE CENTER By: Name: Title: GRANTOR (program staff): Route Grant Agreement to Executive Director for signature: Name: Leah Kahler Title: Grants Officer DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D 5/3/2024 Page 10 of 14 Updated 09/2023 EXHIBIT A Grantee Resolution DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID:25E6136D-36B6-4A69-A9A5-9D05D6BD399C Commissioner chandler-Henry moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 2024 022 RESOLUTION SUPPORTING A GREAT OUTDOORS COLORADO GRANT APPLICATION FOR THE EAGLE VALLEY OUTDOOR MOVEMENT PROGRAM WHEREAS,Eagle County supports the Eagle Valley Outdoor Movement's(EVOM) Great Outdoors Colorado (GOCO)2023 Generation Wild grant application spearheaded by Walking Mountains Science Center; and WHEREAS,Eagle County partnered with Walking Mountains Science Center and other Eagle County Organizations(Youth Power 365, SOS Outreach,the Cycle Effect, Eagle County School District, Eagle River Watershed Council,Betty Ford Alpine Gardens,Mountain Recreation,and many more)to formulate the Eagle Valley Outdoor Movement program in 2018 due in part to the receipt of a GOCO Generation Wild grant; and WHEREAS,the EVOM program has broken down barriers ensuring equitable outdoor access for participants and Eagle County residents since inception; and WHEREAS,Walking Mountains Science Center has been awarded seven-hundred and fifty thousand, six-hundred ninety-six($750,696.00) from GOCO for use during the summer of 2024 to continue advancing the Eagle Valley Outdoor Movement program goals through 2026; and WHEREAS, Eagle County supports the goals of the Eagle Valley Outdoor Movement program and has agreed to serve as the co-grantee for the grant. NOW,THEREFORE,be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado(the"Board"): THAT, the Board hereby authorizes the Chair to sign the grant agreement upon successful review and hereby agrees that the County will act as co-grantee for Great Outdoors Colorado grant. THAT,the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID:25E6136D-36B6-4A69-A9A5-9D05D6BD399C MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 2nd day of April, 2024. DocuSigned by: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by:Do_ 'cuuSignedby:, brtiilAAL Oti F9D02F240090440... By: itaSZL Tiotu4ia... Clerk to the Board of Matt Scherr County Commissioners County Commissioners Chair Jeanne McQueeney Commissioner DocuSigned by:/ v tAAPI 86A68 FEB84403... Kathy Chandler- Henry Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The question having been called the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Absent Commissioner Chandler-Henry Aye This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 11 of 14 Updated 09/2023 EXHIBIT B Project Application DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Eagle Valley Outdoor Movement Proposal Narrative July 27,2023 Reflection,Vision,and State of the Movement The Eagle Valley Outdoor Movement has seen tremendous growth over the last 5 years.What launched as a collaborative effort with 7 partners in 2017,serving 1000 underrepresented community members has evolved into a community movement with over 25 partners involved, serving over 2000 individuals.We have had life changing impacts on many of our participants, supporting their sense of belonging,mental health and helping them create their own community.We are starting to see organizations involved in EVOM making positive changes such as hiring more bilingual staff,incorporating successful DEI strategies into their strategic plans,recruiting diverse board members and more.EVOM is at capacity and we are excited to continue to work with our community and partners to build off of our successes and re-envision EVOM moving forward so that we are better able to meet community needs and have a greater impact,eventually leading to a more inclusive experience in the outdoors. We know what has worked and would like to expand on these successful strategies: ●Bilingual program host-this creates a personal connection and a sense of belonging for our participants. ●Spanish first marketing and outreach ●Direct follow-through on expressed community interest and need-create programs and experiences based on community survey data. ●Youth Pathways Experience-continue engaging diverse youth in outdoor/environmental career development We know what has been challenging and would like to work together to address these areas of need: ●Brand identity-helping the community understand who and what EVOM is and how they are able to offer amazing experiences at little to no cost to the community. ●Capacity-Finding the balance of having partners offer more programs or EVOM staff starting to offer those programs-we do not want to duplicate,we want to leverage resources to create more opportunities.Not having time for consistent evaluation and measuring progress. ●Partner Engagement-having time to focus on the collaboration structure,keeping partners informed and engaged,getting content from partners to share with the community etc. EVOM Partners and Community members are committed to working together to advance inclusivity in the outdoors by identifying barriers and solutions for equitable access.We have and will continue to put community at the center of our planning and implementation and empower them to advocate for themselves and others.Our future vision for EVOM focuses on several key priorities: 1.Building capacity-We would like to hire an additional EVOM Coordinator focused on outreach,community events,connecting with participants and hosting programs.This will allow us to work with partners to offer more programs and to expand the Outdoor Workshops we hope DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Eagle Valley Outdoor Movement Proposal Narrative July 27,2023 to launch this summer.We will also continue to recruit and expand EVOM Representatives,with the goal of having 4-6 bilingual staff that can help us offer more bilingual programs and work with partners to help them offer bilingual programs as well.This has been an expressed need. "Providing equitable access to the sport of Mountain Biking has barriers from equipment to trail access to having the courage even to try the sport.The Cycle Effect works to remove as many of these barriers as possible.Part of our inclusion statement is aiming to serve 70%of participants that identify as BIPOC and/or Latina.Language is a large barrier to not only teaching the sport but creating an inclusive community within the sport.Working with EVOM representatives with a bilingual skill set will greatly help us make strides in this area and continue to build and create these spaces for parts of our community that may otherwise not have access."Peter Barclay,Program Director Additionally,we have been working to launch a Gear Library with supporting Outdoor Skills Workshop programming and we will need to hire a part-time EVOM Outdoor Specialist who will create and deliver Outdoor Skills Workshops and manage the Gear Library.With more staff we are able to create positions that support the overall effort,but it also will allow us to create specific responsibilities for each position,such as the EVOM Manager will now focus more time on supporting the EVOM Representatives,improving partner engagement and big picture logistics,while the new EVOM Coordinator position will focus on specific program logistics, community outreach and connecting with new participants.There are projects that we would like to pursue,but have not had the staff capacity to make progress.GOCO support will allow us to do so. As part of building capacity,we have seen expanding interest in our Environmental Leadership Pathways Program.We are now offering this career development course and internship experience in both Battle Mountain High School and Eagle Valley High School.We started with offering 10 internship experiences each summer and now have a goal of offering 25 internships between two highschools.We have seen increased interest from community partners and hope to grow this network to include outdoor recreation,environment,conservation and sustainability related careers.It has been amazing to watch the true collaborative nature of this program, partners coming together to introduce youth to career opportunities and then providing mentorship to support them in accomplishing professional work experience.Many of our partners have extended the internship experience beyond the 80 hours and have offered employment to high school interns.We hope that this will create an advantage for local underrepresented youth to pursue a degree or training in an outdoor related career and that they will be employed within our community. 2.Create structure to support independence for EVOM participants-In the first 5 years of EVOM implementation we have successfully connected underrepresented community members to experiences in the outdoors,created a sense of belonging and increased their confidence in being outdoors.We are at a point that EVOM participants want to start exploring on their own and they need a different type of support.We would like to plan and launch a Gear Library with Outdoor Skills Workshops.This will allow participants seeking independence to learn additional DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Eagle Valley Outdoor Movement Proposal Narrative July 27,2023 skills and have access to gear so that they may do things on their own or with family and friends.This also will allow for more space in EVOM Programs for new people to be introduced to outdoor activities in a safe and welcoming environment. 3.Evolve overall EVOM Structure-We have learned a lot over the past 5 years with regards to partner involvement and community member involvement.Recently we spent a good bit of time updating our current Collaboration Structure,to include different levels at which partners can participate in EVOM with very specific roles,responsibilities and benefits outlined. Additionally,with this new structure,we have created a EVOM Leadership Committee that will now include fewer partner organizations,our EVOM staff and more community members.As part of this new structure we would like to explore how this supports overall sustainability,both fiscal and programmatic. Evolving the Operational Model and Identifying Core Elements As mentioned previously we recently updated our EVOM Collaboration Structure to help define roles and responsibilities of partners and incorporate the benefits of being involved in EVOM. We tried to simplify the structure so that partners could identify one of 3 roles that they could commit to based on what responsibilities they have the capacity for and what benefits would add value to their organization.We would like to continue to make progress on strengthening this structure and following through on full implementation. As it relates to our EVOM priorities for the future we recognize that in order to execute these successfully,we will need to create a strategic plan that reflects coalition needs (partners and community members included),specific deliverables and an associated timeline.As part of the interim funding we would like to dedicate time and resources to work with a consultant to help us update deliverables;create a results based accountability plan with an updated community survey,a partner surveys and any additional data sources;explore,evaluate and inform a sustainable Collaborative Structure;and create a plan for fiscal sustainability (this will be tied to the structure).We already have much of the data and information needed to generate this,we just need support to create an end product that outlines specific tasks to be completed and a system of accountability for the EVOM Leadership Committee. A Foundation of Success through Community-Centered Work EVOM greatly appreciates the opportunity to continue to work alongside GOCO and other Generation Wild Communities to transform the outdoor landscape within the state of Colorado and beyond.We share the same values as GOCO and are committed to putting these at the center of our work.Additionally,our success has come directly from our past work to authentically engage the community and empower those we wish to serve to lead the effort. For any community driven effort there are many barriers to participation.As we have learned through previous community engagement work,it is easy to save space for underrepresented groups,but oftentimes the trust is not there and it is difficult to get people to the table.And,the setting created for many community engagement or public planning efforts struggle to be inclusive and welcoming,with meeting times during work hours and information only being DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Eagle Valley Outdoor Movement Proposal Narrative July 27,2023 offered in English.WMSC has learned a great deal through our EVOM effort.In order to address anticipated barriers as it relates to advancing our efforts,we will implement several successful strategies that we referenced previously.But as it specifically relates to keeping community at the center of our work we will focus on the following: 1.Multi-generational outreach and education-directly in communities in order for Latinx families to feel welcome and a sense of belonging.This will increase accessibility. 2.Hire an additional bi-lingual coordinator-this individual will connect with the community, get information to the community to build awareness,build trust and personal relationships,invite individuals and families to participate in activities and attend all activities to welcome participants to increase their sense of belonging. 3.Spanish first-all of our outreach and marketing efforts will be done completely in Spanish and in-person where possible. 4.Ongoing community input-use feedback to make immediate changes,which helps elevate community voice and empower marginalized groups.We will implement an ongoing community survey to determine community need,solutions and resources to address need and improve engagement in local planning efforts. Additionally,as we evolve and advance inclusivity in the outdoors,we hope to empower Latinx individuals to take on more leadership roles throughout the community so that they too can begin to advocate for equitable access and contribute to changing the landscape of the outdoor industry. “A thousand thanks to EVOM,you should know that this group has changed my life,I learned to take risks and do things that I never did or would have done if it wasn't because of you.It is fantastic,wonderful,incredible how even despite the cold,the night or anything else,you can enjoy an activity so much.The same applies to going to the lake in summer and sailing on a stand up paddle board,standing on some skis,going ice skating,riding a bike in the snowy mountains,walking on wonderful trails,meeting people,and traveling as if we were at school😍 This is the best thing that has happened to me in my life,as you know I am afraid of animals in the wild,but I was super nervous to do what I did today,I am surprised of myself in what I have achieved.EVOM,A THOUSAND OF THANKS FOR WHAT YOU HAVE DONE FOR ME.I LOVE YOU COLORADO YOU ARE BEAUTIFUL” -Adriana Corral,EVOM participant (translated from Spanish) DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D 1 Date Secured GOCO Funds Matching Funds Fall 2023 $750,696.00 Fall 2023 $273,351.36 Fall 2023 $100,000.00 Fall 2023 $50,000.00 subtotal $750,696.00 $423,351.36 TOTAL SOURCE OF FUNDS $1,174,047.36 Use of Funds (CASH)Description GOCO Funds Year 1 (Oct 23 - June 24) GOCO Funds Year 2 (July 24 - Dec 25) Matching Funds Total Funding Capacity Personnel EVOM Manager 1.0FTE, EVOM Coordinator 1.0 FTE, EVOM Marketing Coordinator .25 FTE, 6 Part Time EVOM Representatives, .25 Project Manager, Environmental Leadership Coordinator- .50 FTE , HS Internshp Stipends .10 Senior Director of Programs, Human Resources Direcctor $218,668 $218,668 36,000 $473,336.00 Fringe Benefits 21% of Full time positions 22,470 22,470 26,040 $70,980.00 Common Costts 26% of direct project costs 211,311 $211,311.36 Program Materials programmatic, gear, printing, library supplies, etc.10,000 10,000 $20,000.00 Partner Programming $0.00 Collaborative Program Fund partners apply for sub grant awards to support their ability to offer programming 80,000 80,000 $160,000.00 EVOM Strategic Fund EVOM Leadership Committee will determine stratetgies/priorities that will advance the EVOM effort and lead to systematic change- funding will be given to partner organizations who are make changes at the organizational level- i.e. translating their website into Spanish, updating their strategic plan to include DEI strategies, increasing Board and Staff diversity etc. 20,000 20,000 $40,000.00 Stratetgic Planning $0.00 Consultant, meeting materials 10,000 0 $10,000.00 $0.00 Marketing& Outreach $0.00 Design website, collateral materials 5,000 5,000 $10,000.00 Advertising/Outreach print & radio ads, social media etc.5,000 5,000 $10,000.00 Branding Campaign research, communication plan etc.10,000 $10,000.00 Branding Outreach design schwag, outreach, collateral 10,000 $10,000.00 $0.00 subtotal $381,138.00 $371,138.00 $273,351.36 $1,025,627.36 Use of Funds (IN-KIND)Matching Funds Gear Library Gear Library Space $100,000.00 Gear $25,000.00 Programmatic Support Discounted program fees $20,000.00 Staff time $5,000.00 Vehicle WMSC Van $0.00 Category vendor/service provider $0.00 subtotal $150,000.00 GOCO Funds Matching Funds subtotal $752,276.00 $423,351.36 $1,175,627.36 Eagle Valley Land Trust PROJECT BUDGET & DETAILS APPLICATION SCOPE OF WORK Source of Funds (IN-KIND) Source of Funds (CASH) GOCO Walking Mountains Science Center Description Eagle Valley Land Trust has offered to house the EVOM Gear Library in their new Conservation Center located in Edwards, Colorado. (this is an estimate based on square footage and current value, this will increase once they have donated gear- we will host a community gear drive- looking for snowshoes, hiking poles, backpacks, tents, stoves, etc. (this is a goal for what we hope to be able to get donated from our community) Many of our for profit businesses offer us discounted rates for programs such as rafting, snowmobiling, rock climbing, nordic skiing, apline skiing, fat biking etc. ( this is an estimated amount based on previous programs and the hope that we will grow our partnerships with outfitter/guide companies) volunteers for EVOM events such as diversify whitewater, community events etc. * The Total Use of Funds must equal the Total Source of Funds in the section above. TOTAL USE OF FUNDS* EVOM Partners DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D 2 Date Secured GOCO Funds Matching Funds $110,000.00 1/1/24 $2,500.00 12/20/23 $2,500.00 7/15/24 $1,000.00 10/1/24 $5,000.00 1/1/25 $10,500.00 1/1/25 $3,000.00 subtotal $110,000.00 $24,500.00 TOTAL SOURCE OF FUNDS $134,500.00 Use of Funds (CASH)Description GOCO Funds Year 1 GOCO Funds Year 2 Matching Funds Total Funding Operational Model Development Consultant Faciliated planning $10,000 $10,000 $2,500 $12,500.00 Community and youth leaders Engagement activities $1,500 $1,500 Pathways Colorado Outdoor Restoration 2 paid internships $15,000 $15,000 $15,000.00 Community Connectors Community Center Neighborhood Coalition 3 resident leader stipends $9,000 $9,000 $9,000.00 resident leader event supplies $3,000 $3,000 $3,000.00 Youth Coalition High School Student Council 5 student stipends $2,500 $2,500 $2,500.00 trainings and skill development $1,000 $1,000 $500 $1,500.00 $0.00 Programs $0.00 Bike Colorado Youth bike programs $10,000 $1,000 $11,000.00 Education Outside After school outdoor STEAM Club $6,000 $2,000 $8,000.00 Central City Outdoors Family Camps $10,000 $5,000 $15,000.00 subtotal $42,000.00 $68,000.00 $11,000.00 $77,500.00 Use of Funds (IN-KIND)Matching Funds Pathways Colorado Outdoor Restoration $3,000.00 Capacity Support School $10,500.00 subtotal $13,500.00 GOCO Funds Matching Funds subtotal $110,000.00 $24,500.00 $134,500.00 Colorado Outdoor Restoration School PROJECT BUDGET & DETAILS APPLICATION SCOPE OF WORK Source of Funds (CASH) City of Colorado School Central City Outdoors Source of Funds (IN-KIND) Bike Adventures * The Total Use of Funds must equal the Total Source of Funds in the section above. TOTAL USE OF FUNDS* Office space, supplies, equiptment, benefits for capacity positions Description Office space, supplies, equiptment DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Eagle Valley Outdoor Movement Budget Narrative July 27th,2023 Budget Narrative Capacity a.Personnel WMSC is an independent 501(c)3 nonprofit natural science education organization.As such,it is typical for grants and contracts to fund 100%of a WMSC staff member’s salary.Therefore, the allocation of time in this budget reflects the time required to complete the work described. The following projects are critical to the successful implementation of this project.Requested personnel costs total $218,688 for Years 1 &2. 1.0 FTE EVOM Manager ($57,000/year) 1.0 FTE EVOM Coordinator ($50,000/year) .25 FTE EVOM Marketing Coordinator($13,750/year) .25 FTE EVOM Project Manager ($23,250/year) .50 FTE Environmental Leadership Coordinator ($25,000/year) 1 EVOM Outdoor Specialist ($28/hr,10 hrs/wk.,$14,560/year) 4-6 EVOM Representatives ($23.50/hr,14hr./wk-$17,108/year) HS Internship Stipends $15/hr.15 students for 80 hours each-($18,000/yr.) WMSC will include staff time for the following positions as a matching contribution.For a total of $18,000 per year in Year 1 and Year 2. .10 FTE HR Director ($9,000/year) .10 FTE Senior Director of Programs ($9,000/year) Total Requested Personnel Costs-$437,376 Total Personnel Match-$36,000 Total Personnel with match:$471,376 Fringe benefits are charged at actual costs in concert with direct salary dollars.Fringe benefit costs average 21%of Salary and Wages.We are requesting benefits for full time EVOM staff. This totals $22,470 for Year 1 and Year 2 each.Fringe benefits for all other part time staff on this project will be used as our match. Total Requested Fringe-$44,940 Total Fringe Match-$26,040 Total Fringe with match:$70,980 b.Common Costs WMSC calculates common costs at a rate of 26%of the total project cost.This includes administration,marketing,HR,IT and finance,as well as utilities,capital maintenance and insurance.This was calculated based on direct costs and excludes the Collaborative Partner Program fund and the Strategic Initiative Fund. Total Common Cost Match:$211,311 1 DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Eagle Valley Outdoor Movement Budget Narrative July 27th,2023 c.Program Materials As part of our budget we are requesting a small amount to cover program materials for programming that EVOM directly coordinates.$10,000 in Year 1 and in Year 2.This includes first aid kits,maps,dry erase boards,markers,other office supplies and more.Additionally,a portion of this request will be used to purchase gear that we need for the gear library and were not able to get donated from the community. Total Requested Program Materials:$20,000 Partner Programming d.Collaborative Program Fund Similar to what we have done in the past,we are continuing a Collaborative Program Fund that will allow for partners to request funding for programs accomplishing EVOM goals and contributing to the overall success.We will initiate a small grants application process and distribute funds annually.We are requesting $80,000 for Year 1 and Year 2.This will allow EVOM to bring on new partners and support their ability to offer programs. Total Requested Collaborative Program Fund:$160,000 e.EVOM Strategic Fund As part of this interim funding request,we would like to pilot an idea that has been brought up at the EVOM Leadership Committee.Oftentimes our partners would like to make changes at their organizations,such as translating their websites and program materials,revising their strategic plans or hiring more bilingual staff,but because of their size it is difficult to dedicate funding and resources to these important efforts.We would like to reserve a small portion of funding to make available to partners in order to implement change at their organizations.The EVOM Leadership Committee will identify several priority areas that we would like to focus on as a collaborative and feel will have an impact.We will have conversations with partners and they will be able to put together a project plan with an estimated cost and request a portion of that to be covered by this fund.We are requesting $20,000 in Year 1 and Year 2. Total Requested EVOM Strategic Fund:$40,000 Strategic Planning f.Consultant We are requesting $20,000 in Year 1 to be able to work with a consultant or company to help us take all of the data and information we have,identify gaps so that we can collect additional information and put it into a plan that the Leadership Committee can fully execute.As mentioned in the proposal we would like this to address-update deliverables;create a results based accountability plan with an updated community survey,partner surveys and any additional data sources;explore,evaluate and inform a sustainable Collaborative Structure;and create a plan for fiscal sustainability (this will be tied to the structure). Total Requested Strategic Planning:$10,000 2 DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Eagle Valley Outdoor Movement Budget Narrative July 27th,2023 Marketing &Outreach g.General EVOM We are requesting $10,000 in Year 1 and Year 2 for general EVOM Marketing expenses.This will include design,advertising and outreach.This is similar to our budget in the past and has allowed us to execute on our coalition needs,but in the future it may need to increase. h.Branding Campaign &Outreach As referenced in our concept paper,one of our greatest challenges was brand awareness among community members.They all were aware of EVOM,but did not know what organizations are involved,or how this important effort was implemented,i.e.funding.We would like to request $10,000 in Year 1 to cover the costs for a mini branding campaign.We hope to be able to create an action plan that will guide our marketing efforts moving forward.In Year 2 we are requesting $10,000 to implement our branding campaign-outreach and collateral material distribution. Total Requested Marketing &Outreach:$40,000 In-Kind Contributions Currently,the in-kind contributions are estimates.We anticipate these will be larger amounts when we report out on actuals. Total Grant Request:$752,276 Total Cash Match:$273,351.36 Total In-Kind Match:$150,000 Total Project Cost:$1,175,627.36 3 DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 13 of 14 Updated 03/2021 EXHIBIT C Approved Budget DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Date GOCO Funds Matching Funds Fall 2023 $752,500.00 Fall 2023 $273,351.36 Fall 2023 $100,000.00 Fall 2023 $50,000.00 subtotal $752,500.00 $423,351.36 TOTAL SOURCE OF FUNDS $1,175,851.36 Use of Funds (CASH)Description GOCO Funds Year 1 (Oct 23 - June 24) GOCO Funds Year 2 (July 24 - Dec 25) Matching Funds Total Funding Capacity Personnel EVOM Manager 1.0FTE, EVOM Coordinator  1.0 FTE, EVOM Marketing Coordinator .25 FTE,  6 Part Time EVOM Representatives, .25  Project Manager, Environmental Leadership  Coordinator‐ .50 FTE , HS Internshp Stipends  .10 Senior Director of Programs, Human  Resources Direcctor $218,570 $218,570 36,000 $473,140.00 Fringe Benefits 21% of Full time positions 22,680 22,680 26,040 $71,400.00 Common Costts 26% of direct project costs 211,311 $211,311.36 Program Materials programmatic, gear, printing, library supplies,  etc 10,000 10,000 $20,000.00 Partner Programming $0.00 Collaborative Program Fund partners apply for sub grant awards to  support their ability to offer programming 80,000 80,000 $160,000.00 EVOM Strategic Fund EVOM Leadership Committee will determine  stratetgies/priorities that will advance the  EVOM effort and lead to systematic change‐  funding will be given to partner organizations  who are make changes at the organizational  level‐ i.e. translating their website into  Spanish, updating their strategic plan to  include DEI strategies, increasing Board and  Staff diversity etc. 20,000 20,000 $40,000.00 Stratetgic Planning $0.00 Consultant, meeting materials 10,000 0 $10,000.00 $0.00 Marketing& Outreach $0.00 Design website, collateral materials 5,000 5,000 $10,000.00 Advertising/Outreach  print & radio ads, social media etc. 5,000 5,000 $10,000.00 Branding Campaign research, communication plan etc. 10,000 $10,000.00 Branding Outreach design schwag, outreach, collateral 10,000 $10,000.00 $0.00 subtotal $381,250.00 $371,250.00 $273,351.36 $1,025,851.36 Use of Funds (IN-KIND)Matching Funds Gear Library  Gear Library Space $100,000.00 Gear $25,000.00 Programmatic Support Discounted program fees $20,000.00 Staff time $5,000.00 Vehicle WMSC Van $0.00 Category vendor/service provider $0.00 subtotal $150,000.00 GOCO Funds Matching Funds subtotal $752,500.00 $423,351.36 $1,175,851.36 EVOM Partners Description Eagle Valley Land Trust has offered to house the EVOM Gear Library in their new Conservation Center  located in Edwards, Colorado.   (this is an estimate based on square footage and current value, this will  donated gear‐ we will host a community gear drive‐ looking for snowshoes, hiking poles, backpacks,  tents, stoves, etc. (this is a goal for what we hope to be able to get donated from our community) Many of our for profit businesses offer us discounted rates for programs such as rafting, snowmobiling,  rock climbing, nordic skiing, apline skiing, fat biking etc.  ( this is an estimated amount based on previous  programs and the hope that we will grow our partnerships with outfitter/guide companies) volunteers for EVOM events such as diversify whitewater, community events etc. * The Total Use of Funds must equal the Total Source of Funds in the section above. TOTAL USE OF FUNDS* Eagle Valley Land Trust PROJECT BUDGET & DETAILS APPLICATION SCOPE OF WORK Source of Funds (IN-KIND) Source of Funds (CASH) GOCO Walking Mountains Science Center 1 DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D Page 14 of 14 Updated 03/2021 EXHIBIT D Governing Agreements between Grantee and Third-Party Beneficiaries DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D 4/8/24, 4:14 PM BoardDocs® Plus https://go.boarddocs.com/co/eagleco/Board.nsf/Private?open&login 1/2 Agenda Item Details Public Content Administrative Content Meeting Jan 01, 2050 - *****Signature Workflow***** Category A. BoCC Signature Subject Agreement between Eagle County and Walking Mountains Science Center pertaining to the GOCO grant for the Eagle Valley Outdoor Movement project Access Public Type Action Preferred Date Mar 29, 2024 Absolute Date Apr 05, 2024 Fiscal Impact No Budgeted No Budget Source na Recommended Action approve Goals Goal 3. Eagle County Protects the Natural Environment Goal 2. Eagle County is a Great Place to Live for All Prepared By: Peter Suneson Department: Open Space and Natural Resources Executive Summary: Agreement between Eagle County and Walking Mountains to govern the disbursement of GOCO funding for the EVOM project. Reviewing Attorney: Rob Wear BoCC signature?: Yes Exhibit D- EVOM partner agreements 2024.pdf (848 KB) Exhibit C, Certificate of Insurance.pdf (104 KB)Exhibit B_ EVOM Application.pdf (109 KB) Exhibit A, 24894 Grant Agreement.pdf (1,007 KB) DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755 Approved as to form: Omitted, since redundant to Grant Agreement exhibits DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND WALKING MOUNTAINS d/b/a WALKING MOUNTAINS SCIENCE CENTER PERTAINING TO THE GREAT OUTDOORS COLORADO GRANT FOR THE EAGLE VALLEY OUTDOOR MOVEMENT COALITION PROJECT This Agreement ("Agreement") is made this ________________, by and between Eagle County, Colorado, a body corporate and politic (hereinafter “County”) and Walking Mountains, a Colorado nonprofit corporation d/b/a Walking Mountains Science Center (hereinafter "WMSC"). RECITALS WHEREAS, Eagle Valley Outdoor Movement coalition is a collaborative of nonprofits and community members led by WMSC with the goal to improve access to outdoor recreation areas for underserved communities (the "Project"); and WHEREAS, WMSC and County submitted a grant application to the State Board of the Great Outdoors Colorado Trust Fund ("GOCO”) on behalf of the Eagle Valley Outdoor Movement coalition to continue to fund Eagle Valley Outdoor Movement (the “Project Application”); and WHEREAS, GOCO approved the Project Application on September 22, 2023 subject to execution of a detailed Grant Agreement (defined below); and WHEREAS, County has agreed to serve as a “Grantee” with WMSC under the Grant Agreement as required by GOCO grant eligibility requirements; and WHEREAS, this Agreement shall govern the relationship between the County and WMSC in connection with the Grant Agreement and the 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: 1. County and WMSC agree to serve as co-Grantees under a Grant Agreement with GOCO for the Project in the form attached as Exhibit A and incorporated herein by this reference (“Grant Agreement "). WMSC acknowledges that GOCO only grants funds to eligible entities such as local governments, special districts and nonprofit land conservation organizations, and that WMSC would not be eligible for funding without the assistance of the County. WMSC further acknowledges that the County has agreed to serve as co-Grantee under the Grant Agreement solely to assist WMSC in applying for GOCO grant funds. 2. WMSC agrees to be bound by and shall assume all responsibility associated with the Grant Agreement. WMSC agrees that it shall be solely responsible for timely and satisfactorily performing the Project as proposed to and approved by GOCO and that it will timely and satisfactorily perform all DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755 4/16/2024 DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D requirements imposed by GOCO as set forth in the Grant Agreement. WMSC further agrees to comply with all reporting data requirements in paragraph 16 of the Grant Agreement. WMSC further agrees to perform the Project as applied for in the Project Application, as approved by GOCO, such application attached hereto and incorporated herein as Exhibit B. 3. The GOCO grant is an amount not to exceed $752,500.00 (the "Grant Funds"). Grant Funds will be disbursed solely to WMSC and WMSC is solely responsible for use and disbursement of the Grant Funds in accordance with the Grant Agreement. WMSC agrees that it shall use the Grant Funds solely to complete the Project in conformity with the Project Application and the Grant Agreement. 4. WMSC is solely responsible for contracting with all third-party beneficiaries of the Grant Agreement to bind those beneficiaries to the terms and obligations set forth in the Grant Agreement. Grant Funds will not be released to any third-party beneficiary until an executed agreement with WMSC is in place. All third-party agreements are to be attached as Exhibit D to the Grant Agreement. 5. GOCO bears sole responsibility for determining if terms and conditions of the grant award and Grant Agreement have been met and if Grant Funds should be dispersed to WMSC. In the event funds are disbursed to WMSC in advance and GOCO determine that the funds should not have been dispersed or have not been used in accordance with the Grant Agreement, WMSC shall promptly reimburse GOCO as applicable to the extent required by the Grant Agreement. WMSC agrees that the County shall not be responsible for reimbursement of Grant Funds to GOCO, in the event GOCO requires such reimbursement. 6. WMSC and County agree that this Agreement imposes no financial obligation on the County, and that no County funds will be paid to WMSC for use by WMSC for the Eagle Valley Outdoor Movement project. 7. 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. 8. WMSC shall be responsible for obtaining any matching funds and in-kind contributions that WMSC deems appropriate and represented in the Grant Application and the County shall have no responsibility therefore. The Grant Funds, matching funds and in- kind contributions for the Project shall all be used by WMSC 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 WMSC 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, the County shall have no responsibility therefore and WMSC shall be solely responsible for prompt repayment of the same to the extent required by the Grant Agreement. 9. Insurance. WMSC agrees to provide and maintain at WMSC's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D A. Types of Insurance. i. Workers' Compensation insurance as required by law. ii. Automobile coverage to be carried by WMSC or its sub-consultants, as applicable, if operating a motor vehicle during the performance of the Services. 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. WMSC's certificates of insurance shall include sub-consultants as additional insureds under its policies or WMSC 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. WMSC 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 WMSC 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 A-VII. iv. If WMSC 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. DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D vi. WMSC is not entitled to workers' compensation benefits except as provided by the WMSC, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by WMSC or some other entity. The WMSC is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 10. Indemnification. WMSC shall indemnify, defend and hold harmless County and/or GOCO, and any of their respective officers, agents and employees against any losses, claims, damages or liabilities for which County and/or GOCO may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, the Project, this Agreement and/or the Grant Agreement, or are based upon any performance or nonperformance by WMSC hereunder; and WMSC shall reimburse County and/or GOCO for reasonable attorney fees and costs, legal and other expenses incurred by County and/or GOCO in connection with investigating or defending any such loss, claim, damage, liability or action. . WMSC hereby waives any and all rights to any type of express or implied indemnity or right of contribution from the County or GOCO, the State of Colorado, its members, officers, agents or employees, for any liability resulting from, arising out of, or in any way connected with or incident to the Project, this Agreement, and/or the Grant Agreement. WMSC further agrees to indemnify, defend 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 breach such that County is not adversely affected by any decision of GOCO in connection with a breach or alleged breach by WMSC. 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: Peter Suneson, Open Space Manager 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8637 E-Mail: peter.suneson@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D E-Mail: atty@eaglecounty.us WMSC: Attention: Gina Van Hekken, Senior Director of Grants and Strategic Initiatives PO Box 9469 Avon, CO 81620 Telephone: 970-827-9725, x130 E-mail: ginag@walkingmountains.org With a copy to: Markian Feduschak, President PO Box 9469 Avon, CO 81620 Telephone: 970-306-0560 E-mail: markianf@walkingmountains.org 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 therefore with ninety (90) calendar days' prior written notice to the WMSC. Any termination of this Agreement should reference and contemplate paragraph 10 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 WMSC 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 WMSC Representations. A. WMSC 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. DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D B. WMSC 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 co-Grantee shall not relieve WMSC of any of its responsibilities. WMSC shall perform the Project in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to WMSC. WMSC 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. WMSC 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. C. WMSC 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. WMSC 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. WMSC shall complete the Project no later than January 31, 2026, or shall otherwise comply with GOCO's Overdue Grants Policy. In the event that WMSC believes it may not complete the Project by such deadline, WMSC 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 WMSC 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 WMSC and WMSC shall have no authority to bind County. F. WMSC represents and warrants that at all times in the performance of the Services, WMSC 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. WMSC 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. WMSC 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. DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D 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. 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. L. 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 WMSC has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Project and WMSC shall not employ any person having such known interests. M. WMSC shall maintain standard financial accounts, documents, and records relating to the use, management, and operation of the Project in accordance with Paragraph 18 of the Grant Agreement. The accounts, documents, and records related to the Project shall be retained by WMSC 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 WMSC, to audit the books and records of WMSC which pertain to the Project and to the use and disposition of Grant funds. N. WMSC 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 WMSC's Project Application. O. 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. P. 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 WMSC. County shall have no obligations under this Agreement after, nor shall any payments be made to WMSC 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). Q. Any provisions of this Agreement which requires performance after the date of completion of the Project shall continue in full force and effect. DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D IN WITNESS WHEREOF, this Agreement is effective as of the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Matt Scherr, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board WALKING MOUNTAINS d/b/a WALKING MOUNTAINS SCIENCE CENTER By: _______________________________ Name: ____________________________ Title: _____________________________ DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755 President Markian Feduschak DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/29/2024 Arthur J.Gallagher Risk Management Services,LLC 10901 West 120th Ave,Suite 100 Broomfield CO 80021 Jamie McMahon 303-247-8403 303-444-8481 Jamie_McMahon@AJG.com Philadelphia Indemnity Insurance Company 18058 WALKMOU-01 Pinnacol Assurance Company 41190WalkingMountainsScienceCenter PO Box 9469 Avon CO 81620 Pinnacol Assurance Company 41190 205403323 A X 1,000,000 X 300,000 15,000 1,000,000 2,000,000 X PHPK2564169 6/9/2023 6/9/2024 2,000,000 A 1,000,000 X X X PHPK2564169 6/9/2023 6/9/2024 A X X 5,000,000PHUB8675536/9/2023 6/9/2024 5,000,000 X 10,000 C X40128125/1/2023 5/1/2024 500,000 500,000 500,000 A B EDUCATOR'S PROFESSIONAL CYBER LIABILITY PHPK2564170 PHSD1803157 6/9/2023 6/9/2023 6/9/2024 6/9/2024 LIMIT/AGGREGATE OCCURRENCE $5,000,000 $1,000,000 Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers are included as additional insured as respects General Liability policy,pursuant to and subject to the policy's terms,definitions,conditions and exclusions. Eagle County Government PO Box 850 Eagle CO 81631 USA DocuSign Envelope ID: BA936BE3-0E8E-46DF-AEDF-E122A31C9755DocuSign Envelope ID: 9C628E5B-AE88-4251-BD3E-1F397D607B7D