HomeMy WebLinkAboutR05-119 grant with state board of the great outdoors colorado trust fund for funding of hooks lane spur trail
Commissioner ~ moved adoption of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005--'1Q
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS TO EXECUTE THE GRANT AGREEMENT WITH THE STATE
BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR FUNDING OF
THE HOOKS LANE SPUR TRAIL
WHEREAS, the State Board ofthe Great Outdoors Colorado Trust Fund ("State Board")
created a State Trails Program in 1994, pursuant to which eligible entities could apply for grants
for trail construction purposes; and
WHEREAS, the MidValley Trails Committee made application to the State Trails
Program on behalf of Eagle County for the construction of a section of a trail along Hook Lane to
the Town of Basalt's Willits Trail ("Hook Lane Spur Trail") in the amount of thirty-six thousand
dollars ($36,000.00); and
WHEREAS, the State Board approved the application for the Hook Lane Spur Trail on
April 16, 2004, subject to the execution of a grant agreement in a form substantially similar to the
attached Exhibit "A" and the adoption of a resolution by the Eagle County Board of County
Commissioners authorizing execution of said grant agreement.
WHEREAS, the Roaring Fork Transportation Authority has agreed to assume and
perform the maintenance and other obligations of Eagle County as required in the grant agreement
by letter dated September 1, 2005 and attached hereto as Exhibit "B."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board of County Commissioner for Eagle County authorizes its Chairman to
execute on its behalf any and all necessary documents, instruments, papers or other forms
necessary to execute the grant agreement with the State Board in the amount of thirty-six thousand
dollars ($36,000.00) to facilitate the construction of the Hooks Lane Spur Trail.
THEREFORE, the Board of County Commissioners finds, determines and declares that
this Resolution is necessary for the public health, safety and welfare of the citizens ofthe County
of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County
of Eagle, State of Colorado, at its regular meeting held this -;JfJ day Of~' , 2005.
COUNTY OF EAGLE, STATE OF COLORADO
By and u h its Board of County
Commis on
~~ By:
Clerk ofthe oa~d of County
Commissioners
Peter F. Runyon, Commissioner
By: Torn ~ ~ioncr
Cornmissioncr ~~::: seconded adoption of the foregoing resolution. The roll
having been called, the v te was as follows:
Commissioner Am M. Menconi &
Commissioner Peter F. Runyon
Commissioner Tom C. Stone O( ~
This Resolution passed by vote of the Board of County
?J Commissioners of the County of Eagle, State of Colorado.
Great Outdoors Colorado Trails Grant Agreement
GRANT AGREEMENT
Project Title; Hool\:s Lane Spur Trail
Contract Number: 04495
Completion Date: Prior to April 16, 2006
P ARTffiS TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado Trust Fund
Address: 1600 Broadway, Suite 1650
Denver, CO 80202
Telephone: (303) 863-7522
Facsimile: (303) 863-7517
Grantee: Eagle County
Address: 500 Broadway
P.O. Box 850
Eagle, CO 81631
Contact Name: Mike Roeper
Contact Title: Budget Officer
Telephone: 970-328-8600
Facsimile: 970..328-8716
Date: Augus~ 16, 2004
-
CONTEXT OF AGREEMENT:
A. 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. The
Constitution appropriates a portion of the net proceeds of the Colorado Lottery to the Board and
directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational
resources.
B. In 1994, the Board created a statewide grant program, pursuant to which
eligible entities could apply for grants from the State Trails Program, to which Grantee responded
with a detailed application (the "Project Application").
C. Grantee submitted a Project Application to the Board which contemplates the
execution of the Project named above (the "Project"), a copy of which is incorporated by reference
and attached as Appendix A.
EXHIBIT
~
August 16, 2004 :8 Page 1 of 12
:l
Great OUTdoors Colorado Trails Grant Agreement
D. The Board approved Grantee's Project Application on April16~ 2004, subject
to the ex.ecution of a detailed Grant Agreement, subj ect to the conditions set forth herein.
E. Grantee anticipates that the Project described in the Project Application will
be substantially completed no later than Apri116, 2006.
F. Grantee has undertaken responsibility for obtaining the match (funds and in-
kind contributions) described in the Project Application.
G. The parties intend this document to be the detailed Grant Agreement
requiied by the Board. The Grantee shall carry out the Project in accordance with this agreement to
be approved by the Executive Director of the Board ("Executive Director") pursuant to this
agreement.
AGREEMENT
The parties agree as follows:
1. Grant and Project. The Board hereby grants to Grantee the sum not to exceed
$36,000.00, subject to the terms of this Agreement. These funds shall be used by Grantee solely to,
complete the project described in Grantee~s Project Application as approved by the Board. Grantee
hereby agrees to use its best efforts to complete the proj ect.
2. Project scope. The Project, Hooks Lane Spur Trail~ as described in the Project
Application, will not be materially modified by the Grantee without the written approval of the
Executive Director of the Board. In multi-phase projects this Agreement only pertains to the
identified phase of the project, and not the project as a whole.
3. Information to be provided upon execution of this Agreement. NO FUNDS WILL
BE DISBURSED BY THE BOARD UNLESS AND UNTIL THE GRANTEE FURNISHES THE
BOARD WITH THE INFORMATION REQUIRED BY THIS AGREEMENT. Prior to execution
of this Agreement, Grantee will submit the following information to the Board's staff:
a. A resolution adopted by the governing body of the Grantee authorizing the
execution of this agreement and approving its terms and conditions (which will be attached to the
Agreement as Appendix B);
b. A detailed Budget and Timeline for this Project (which will be attached to the
Agreement as Appendixes C and D, respectively). Grantee hereby agrees to promptly submit all
material revisions to their Budget and Timeline. As provided further below, the Board reserves the
right at any stage of the Project to withhold funding if (i) modifications to the Project are so
substantial as to make it, in the Board's reasonable judgment, substantially different in quality or
kind from that approved by the Board, or (ii) there have been delays in the implementation of the
Project whichl in the Board's reasonable judgment, make the Project impracticable;
August 10, :.2004 Page 2 of 12
Great Outdoors Colorado Trails Grant Agreement
c. Written evidence that all permits and approvals necessary to the completion of the
project under applicable local, state and federal laws and regulations have been obtained; and
d. Plans for the erection of signs and placards for the Project, as provided in Section
lO(d) below.
4. Disbursement of Funds. Prior to the payment by the Board at the completion of the
Project,
a. The Grantee must provide the Board:
(1) Written assurance the Project has been substantially completed
according to the budget and timeline, along with Final Report Project Expenditure Documentation
detailed in Appendix E (the "Final Report Project Expenditure Documentation"), and reports as
noted above to support this claim;
(2) Written assurance that no material modifications or delays have been
, ,
made or experienced (or the Board has been advised of the modifications or delays and has elected
to continue to participate in the funding of me Project);
(3) Written assurance that matching funding has been received as
outlined in the Project Expenditure Documentation (or the status of efforts to secure matching
funding has been disclosed to Board staff and it has been found to be satisfactory); and
(4) Written assurance that the representations made to the Board in the
Proj ect Application continue to be true (or, if there have been any material changes, the Board has
been advised of such changes and has assented to them).
b. The Board will release funding subject to the following conditions:
(1) Funding may only be used for construction of non-motorized
recreational trails, reconstruction of, or enhancements to, an existing trail or trail system, trailhead
facilities, and support for volunteers or youth employment programs on trail work. Funding ma~
not be used to pay [Dr maintenance costs, non-essential engineering or professiOnal design costs,
administrative costs (such as salaries associated with administering the grant, office supplies,
telephone, or travel expenses), Or any other costs deemed to be ineligible by the Board.
(2) Disbursement shall be made on the basis of costs incurred. A
reduction in total project cost or grantee's matching funding may cause a proportional reduction in
the grant award.
August t 6, 2004 page3 of 12
Great Outdoors do Trails Grant AgreemeJlt
(3) Payment of the contract amount will be made upon substantial
completion of the Project, and submission and approval of the Project Expenditure Documentation
and the information required by paragraphs 3 (Information to be provided upon execution of this
Agreement) and 4 (Disbursement of Funds). The Board shall disburse the funds for the grant as
follows;
Up to $18,000 during the quarter from July to September 2004
Remaining balan'ce up to $18,000 during the quarter January to March 2006
This reimbursement schedule is a reflection of the scenario chosen by the Mid Valley Trails
Committee for the Hooks Lane Spur Trail, #04495.
(4) Grantee shall submit a written request for reimbursement as outlined
in the Project Expenditure Documentation prior to July 2004 and March 2006. Projects are
considered completed when all facilities andlor trails are built. Failure to submit the request for
reimbursement within the specified time period may result in reduction or loss of grant dollars even
if there are undisbursed amounts remaining in the grant.
5. Waiver. The Executive Director may waive one or more of the obligations in
paragraphs 3 and 4 of the Agreement, or may require performance of one or more of these
obligations subsequent to disbursement.
6. Prolect operation and maintenance. Grantee agrees:
a. Grantee Or its successor will operate and maintain the Project facilities in a
reasonable state of repair for the purposes specified in the Project Application for not less than 20
years, in accordance with generally accepted standards in the parks/recreation/wildlife community.
The parties understand and agree that the Board shall not be liable for any cost of such
maintenance, management or operation.
b. Grantee will, upon request, provide the Board with the operating and
maintenance costs of the Project, and give the Board appropriate information concerning the use of
the Project by the public and the impact of the Project.
7. Compliance with regulatory requirements and federal and state mandates. The
Grantee hereby 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 requirements. To the extent permitted by law, the Grantee will
inderrmify the Board from any liability for any failure to comply with any such applicable
requirements.
8. Public access. Grantee agrees, for itself and its successors in interest, to allow
reasonable access to the members of the public to the Project.
9. Nondiscrimination. During the performance of this agreement, the Grantee and its
contractors shall not unlawfully discriminate against any employee or applicant for eillployment
AugnSt 16,2004 Page 4 of 12
Great Outdoors Col, 10 Trails Grant Agreement
because ofrace~ religion, color, national origin~ ancestry, physical handicap, medical condition,
marital status, age or sex. The Grantee and its contractors shall ensure that the evaluation and
treatment of their employees and applicants for employment are free of such discrimination.
10, Publicity and Proiect Information.n Grantee agrees:
a Grantee shall acknowledge Board funding in all publicity issued by it
concerning the Project;
b. Grantee shall cooperate with the Board in preparing public infonnation
pieces;
c. Grantee shall give the Board the right and opportunity to use information
gained from the Project;
d. Grantee shall erect a sign at a visible location on the Project site
acknowledging the assistance of Great Outdoors Colorado an~ Colorado State Parks. Such signs
can be obtained through Great Outdoors Colorado, or the Board will provide reproducible samples
. of its logo to the Grantee for custom signs. Ifa custom sign is desired. plans describing the
number, design, placement~ and wording of signs and placards shall be submitted to the Board for
review and approval prior to completion of the Project. Final payment may be withheld by the
Board pending placement of signage in tbe manner approved by the Board;
e. Grantee shall give the Board 30-day notice of and opportunity to participate
in Proj ect dedioations;
f. 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 cOl.mties in which the Project is located, as well as to other
appropriate public officials; and
g. Grantee shall provide quality photographs or slides of me project upon
completion if requested by Great Outdoors Colorado.
II. Audits and Accounting. Grantee shall maintain standard financial accounts~
documents, and records relating to the use, management, and operation of the Project. The
accounts, documents, ~d records related to the Project shall be retained by t!te Grantee for five (5)
years following the date of disbursement of funds under this Agreement. The Board~ or its
designated agent, shall have the right, upon reasonable notice to the Grantee, to audit the books and
records of Grantee which pertain to the Project and to the use and disposition of Board funds. The
Grantee may use any accounting system which follows the guidelines of "Generally Accepted
Accounting Practices" published by the American Institute of Certified Public Accountants,
August 16, 2004 Page 5 of12
Great Outdoors CoiL ,.() Tralls Grant Agreement
12. Withdrawal of Board funding. The Board may withdraw its approval of funding to
the Grantee and cease funding of the Project if, in its sole discretion, it determines conditions have
occurred which fundamentally change the expectations of the parties or which make the grant
infeasible or impractical.
13. Grantee's inability to complete Project. If the Grantee determines with reasonable
probability that the Project will not or cannot be completed as reflected in the Project Application
the Grantee will promptly so advise the Board, and cooperate in good faith with respect to
alternative solutions to the problem before any further funds are advanced.
14. Inspection. Throughout the term of this Agreement, the Board shall have the right to
inspect tbe Project area to ascertain compliance with this Agreement.
15. Governmental ImmuniD!'. The following provision applies to the Board. This
provision may apply to the grantee if the grantecqualifies for protection under the Colorado
Govemmentallnununity Act, C.~.S. 924-10-101 et seq. The Parties by entering into the instant
agreement, do not waive or intend to waive by any provision bfthis agreement, the monetary
limitations (presently $150.000 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 924-
10-101 et seq., as it is from time to time amended. or otherwise available to the Grantee, its
successor, employees, officers or agents.
16. Liabilit~. To the extent permitted by law, the Grantee shall be responsible for,
indemnify and hold harmless the Board, its officers, agents and employees from any and all
liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way
connected with or incident to this Agreement, except for the gross negligence or willful and wanton
conduct of the Board its officers, agents, or employees. Grantee hereby waives any and all rights to
any type of express or implied indemnity or right of contribution from the State of Colorado, the
Board. its officers, agents or employees, for any liability,resulting from, growing out of, or in any
way connected with or incident to this Agreement.
17. Assignment. Grantee may not assign its rights under this Agreement without the
consent of the Board.
18. Good faith. There is an obligation of good faith on the part of both parties,
including the obligation to make timely communication of information which may reasonably be
believed to be of interest to the other party.
19. Applicable Law. Colorado law applies to the interpretation and enforcement of this
Agreement.
20. Independent Contractor. Grantee is an independent contractor acting in its separate
capacity and not as an officer, employee or agent of the Board.
August 16, 2004 Page 6 of 12
Great Outdoors Colorado Trails Grant Agreement
21. Subiect to Annual Appropriation. Any provision of this agreement or its
attachments which impose upon Grantee, directly or indirectly, any financial obligation whatsoever
to be perfonned or which may be performed in any fiscal year subsequent to the year of execution
of this agreement is expressly made contingent upon and subj ect to funds for S1.lch financial
obligation be appropriated, budgeted and otherwise made available.
22. SeverabiIit~. If any provision of the Grant Agreement, or the application there of
is found to be invalid, the remainder of the provisions of this Grant Agreement, or the applica~ion
of such provision other than those as to which it is found to be invalid, shall remain in full force
and effect.
23. Entire Agreement. Except as expressly provided herein, this Agreement
constitutes the entire agreement of the panies. No oral understanding or agreement not
incorporated in this ~greement shall be binding upon the parties~ No changes in this Agreement
shall be valid unless made as an amendment to this contract, approved by the Board, and signed by
the parries in this Agreement.
Dated:
STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
By:
For Executive Director
Dated:
GRANTEE
~
Eagle County
By:
Title:
August 16, 2004 Page 7 of 12
~
ROARING FORK TRANSPORTATION AUTHORITY
Connecting our region with transit and trails
Mr. Bryan Treu
Eagle County Attorney
P.O. Box 850
Eagle, Colorado 81631
September 1,2005
Re: Agreement to perform maintenance on Hooks Spur/ Willits Lane trail connector
Dear Mr. Treu,
The MidValley trails committee, an advisory group to the Roaring Fork Transportation Authority
("RFTA") with regard to trails projects within the Roaring Fork River Drainage in Eagle County,
has obtained a grant to build a short trail connecting a RFTA trail (the Rio Grande Trail), and a
trail within Basalt (the Willits Tail). Pursuant to the Great Outdoors Colorado Trust Fund
regulations, Eagle County has been designated the contracting entity for the grant agreement
associated with this project. Upon delivery of the grant proceeds from Eagle County to RFTA for
this project, RFTA agrees to fund the project through its procurement process. Additionally,
RFT A agrees to assume and perform the maintenance and other obligations of Eagle County as
required in the grant agreement.
The connector trail is a great amenity to the Mid-valley area and will allow there to be a
continuous bike trail between Aspen and Glenwood Springs. When RFTA's Rio Grande
Trail is cOillplete to Glenwood Springs, the Glenwood Canyon Trail will connect the Roaring
Fork Valley with the Eagle River Valley. One day this connector trail may be part of the
statewide trail system so that residents of the Roaring Fork valley can bike from Basalt to Utah,
Denver, Wyoming or New Mexico without sharing their road with motor vehicles.
Our thanks to Eagle County for their support of trails in the Roaring Fork Valley, by sponsoring
grants and providing staff support to the MidValley Trails Committee. By working
cooperatively, we can gain more than just the "sum of the parts."
Sincerely,
J/v:jy~
Mike Hermes
RFT A Director of Property and Trails
:::1 -,
, ' !
EXHIBIT
j /j i{
3
Carbondale. Basalt. Aspen. Snowmass Village. New Castle. Glenwood Springs. Pitkin County. Eagle County
Carbondale Office: 0766 Industry Way. Carbondale, CO 81623 . Tel: 970-963-9012 Fax: 970-704-9284