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HomeMy WebLinkAbout08383ORDINANCE NO. 8383 AN ORDINANCE ESTABLISHING THE PLAZA VERDE TRAILHEAD CAPITAL IMPROVEMENT PROJECT NO. PL1103, TRANSFERRING $30,000 FROM CPAN17 TO PL1103, BUDGETING AND APPROPRIATING $127,000 FOR SAID PROJECT, APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has received an $80,000 grant from the State Board of the Great Outdoors Colorado Trust Fund to assist in the construction of the Plaza Verde Trailhead Project at the Plaza Verde Park, subject to the execution of the grant agreement; and WHEREAS, the City of Pueblo is committing to provide $30,000 of CTF Funds for said project; and WHEREAS, the Fountain Creek Watershed Greenway and Flood Control District Board approved a cash contribution of $10,000 for said project on July 29, 2011; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Capital Improvement Project No. PL1103, Plaza Verde Trailhead Project, is hereby established. SECTION 2. $127,000 is budgeted and appropriated to the 2012 Capital Budget and $30,000 is transferred from CPAN17 to PL1103 for said project. SECTION 3. A Grant Agreement between the City of Pueblo, a Municipal Corporation, and the State Board of the Great Outdoors Colorado Trust Fund for providing $80,000 in funds for the project, Contract No. 11395, a copy of which is attached hereto having been approved as to form by the City Attorney, is hereby approved. SECTION 4. The President of City Council is hereby authorized to execute and deliver said Grant Agreement in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED August 8, 2011 BY: Chris Kaufman COUNCILPERSON PASSED AND APPROVED: August 22, 2011 Background Paper for Proposed ORDINANCE DATE: AUGUST 8, 2011 AGENDA ITEM # R-4 DEPARTMENT: PARKS AND RECREATION CREIGHTON WRIGHT, DIRECTOR PLANNING & COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE ESTABLISHING THE PLAZA VERDE TRAILHEAD CAPITAL IMPROVEMENT PROJECT NO. PL1103, TRANSFERRING $30,000 FROM CPAN17 TO PL1103, BUDGETING AND APPROPRIATING $127,000 FOR SAID PROJECT, APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME ISSUE Should the City Council establish a capital project, budget and appropriate funds in the amount of $127,000 for the Plaza Verde Trailhead Project, and approve a grant agreement between the City and GOCO that will provide $80,000 in funds for the project? RECOMMENDATION Approval of the Ordinance. BACKGROUND The Plaza Verde Trailhead Project consists of connecting the Fountain Creek Trail (Front Range Trail) to Plaza Verde Park, constructing two plazas within the park, landscaping, and replacing a 12 foot-wide section of the existing trail. Connection between the trail and park will be accomplished by removing the "weed" trees that have grown along the levee wall within the park, making a direct visual connection between the park and trail. The City will also utilize the sediment collected from Fountain Creek to create a gradual slope between the levee/trail and the manicured portions of the park completing the physical portion of the trail and park connection. A plaza will be constructed at street level within the park at the corner of Ash Street and Fountain Avenue. The plaza will include 350-feet of decorative paving, two benches, trash/recycle containers and a bicycle rack. Another plaza will be constructed to the east along the top portion of the levee along the trail. This plaza will include a scenic overlook constructed of decorative pavers and a new 12-foot section of trail extending north and south from the plaza. Western Water Wise landscaping will be integrated to project site as a finishing touch. The project will be constructed in FY 2012. FINANCIAL IMPACT The funding for the project will be established and budgeted and appropriated in the amount of $127,000 in the "Plaza Verde Trailhead Project," Project No. PL1103. The following is a breakdown of the funding for the project: Great Outdoors Colorado Grant $ 80,000 City of Pueblo CTF Funds 30,000 Fountain Creek Watershed Greenway and Flood Control District 10,000 City of Pueblo In-Kind Funds 7,000 Total - Plaza Verde Trailhead Project = $127,000 I , ,.F:V.U,aau : 5 , y ' '° ' s �" S 'YA `C i t ` t ' .4 -,, ; .« • 1 1 , + j " C - ', 1 12 . 10t ''''.. . s ! 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' "� � {,, F , ,. � a.. `n m �{ V M _ t I Nr r ,�` F : "tr` »+�^ 5 s 7 F d a t l ? � l t i u �* '. ='S 437x*.d r : ♦ � 'i F `� 9 i Alt x r� ' ¢; a ' ej tt ` 11� e. a 1 r a i t r 4 • GRANT AGREEMENT DATE 0° 4 PROJECT Project Title: Plaza Verde Park and Trailhead Contract Number 11395 Completion Date: June 14, 2013 PARTIES TO AGREEMENT Board The State Board of the Great Outdoors Colorado Trust Fund Grantee: City of Pueblo RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund (referred to herein as "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 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 for local government parks and outdoor recreation projects 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 entitled and described above (the "Project ") The parties acknowledge that they have on file a complete copy of the Project Application, which is incorporated herein D The Board approved Grantee's Project Application on June 14, 2011, subject to the execution of a detailed grant agreement, and subject to the terms and conditions set forth herein. The parties intend this agreement to be the detailed final grant agreement required by the Board (the "Agreement ") AGREEMENT NOW THEREFORE, in consideration of the parties' mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows 1 Incorporation of Recitals The Recitals set forth above are hereby incorporated into the terms of this Agreement. 2 Representations and Warranties of Grantee. a. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. b Grantee's governing body has authorized entering into this Agreement as evidenced by the resolution attached hereto as Exhibit A. c. Grantee warrants that it has good and sufficient title to the property or properties on which the Project is to be located (the "Property ") GOCO may require Grantee to provide evidence of its ownership of the Property and encumbrances against the Property satisfactory to GOCO in GOCO's discretion prior to funding. 3 Grant and Project. Subject to the terms and conditions set forth in this Agreement, the Board hereby awards to Grantee a sum not to exceed $80,000 00 (the "Grant ") The Grant shall be used by Grantee solely to complete the Project, in substantial conformity with the final plans, specifications, designs and uses approved by the Board. 4 Project Scope. Grantee shall not materially modify the Project or the Project budget (attached hereto as Exhibit B, the "Budget ") without the prior written approval of the Executive Director of GOCO ( "Executive Director') or the Executive Director's designee, such approval to be in GOCO's sole discretion. Any material modification to the Project undertaken without GOCO's prior written consent may be deemed a breach of this Agreement by GOCO entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as reflected in the Project Application, Grantee will promptly so advise the Board, and cooperate in good faith to seek a resolution before any further funds are advanced. 5 Grantee Efforts. Grantee shall complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the Project. 6 Completion Date. Grantee shall complete the Project and submit its Final Report no later than June 14, 2013 (the "Completion Date ') which is two calendar years after the Board's approval of the Project. Grantee may request an extension of the Completion Date in compliance with GOCO's Overdue Grants Policy, a summary of which is attached as Exhibit C ( "Overdue Grants Policy') If Grantee determines with reasonable probability that the Project will not or cannot be completed by the Completion Date or any extended completion date, Grantee will promptly so advise the Board, and cooperate in good faith to seek a resolution before any further funds are advanced 7 Matching Funds. Grantee shall obtain the matching cash and in -kind contributions for the Project as reflected in the Budget and as required by GOCO policy, and shall provide such evidence of the same as GOCO may require in its reasonable discretion. 2 8 Disbursement of Funds. a. Advance Payment: If Grantee opts to receive a portion of the Grant funds prior to beginning work on the Project (an "Advance Payment "), Grantee shall provide GOCO with the documentation and calculations described in GOCO's Advance Payment Request Form (available at www.goco.org or by contacting GOCO) GOCO may in its discretion, request additional documentation to support making an Advance Payment. An Advance Payment shall not exceed GOCO s percentage of expected overall costs (as determined by the GOCO- approved budget) applied to the value of documented eligible expenses or 50% of the Grant, whichever is less. An Advance Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been made If Grantee opts to receive an Advance Payment, it may not receive a Progress Payment (as defined below) b Progress Payment: If Grantee has opted to forego an Advance Payment and has opted to receive a portion of the Grant funds after starting but prior to completing work on the Project (a "Progress Payment "), Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date ( "Progress Report ") The Progress Report must be submitted using GOCO's Progress Report form (available at www.goco.org or by contacting GOCO) GOCO may, in its discretion, request additional documentation to support making a Progress Payment. A Progress Payment shall not exceed GOCO s percentage of expected overall costs (as determined by the GOCO- approved budget) applied to the value of documented eligible expenses or 50% of the Grant, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been made. If Grantee received an Advance Payment, it may not receive a Progress Payment, and Grantee is limited to receiving one Progress Payment c Final Payment: Once the Project is complete, Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project (the "Final Report ") The Project is "complete" when all facilities, trails or other improvements included in the Project have been built and are ready for their intended use The Final Report must be submitted using GOCO's Final Report form (available at www.goco.org or by contacting GOCO) GOCO may in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO's review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant (the "Final Payment "), subject to any reductions contemplated by any provision of this Agreement. 9 Conditions for Disbursement of Funds. Except as provided in Paragraph 10 below, the Grant is subject to the following requirements and conditions. a. The Grant and all matching funds shall be used only for the cost of fixed assets, including construction of new facilities, and enlargement or renovation of existing facilities. The Grant and all matching funds may not be used to pay for maintenance costs, administrative costs (such as salaries associated with administering the Grant, office supplies, telephone, or travel expenses), non -fixed assets (such as athletic or maintenance equipment), or any other costs deemed to be ineligible by the Board, at the Board s sole discretion Notwithstanding the 3 foregoing, matching funds may include up to 50% of the total design, engineering and /or architectural costs b Disbursement of Grant funds shall be made on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc ). GOCO may, in its discretion, depending on the nature of the Project, require documentation of mechanics lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. c Except as otherwise agreed to in advance by GOCO in accordance with the terms of this Agreement, no material modifications may be made to the Project. Material modifications to the Project to which GOCO has not agreed may result in a reduction in the Grant. `Material modifications" may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the size or number of recreational development components to be constructed, changes to the nature of the recreational development components to be constructed, or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. 10 Waiver The Executive Director or the Executive Director's designee may in such person's discretion, waive or agree to modify one or more of the obligations in sections 8, 9, and 16 of the Agreement, or may permit performance of one or more of such obligations subsequent to disbursement. I 1 Payment of Grant Subject to Sufficient Net Lottery Proceeds 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. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable in its discretion, 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. 12. Project Operation and Maintenance. a. Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for the purposes specified in the Project Application for a period of 25 years from the date of completion of the Project or the useful life of the Project, in accordance with product warranties and /or the generally accepted standards in the parks /recreation community, and provide and maintain access to the Project and to the Property regardless of the Property's ownership b Failure to comply with the provisions of Paragraph 12.a. may be deemed a breach by Grantee under Paragraph 21, below c GOCO shall not be liable for any cost of maintenance, management or operation of the Project. 4 d. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with adequate records reflecting the operating and maintenance costs of the Project and provide the Board with such other information concerning the use of the Project by the public and the impact of the Project. 13 Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable public access to the Project for the term specified in Section 12 Grantee may temporarily close such public access for construction, maintenance, emergency situations, or other reasonable purposes. 14 Compliance with Regulatory Requirements and Federal and State Mandates 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, permits, approvals, and other similar requirements. To the extent permitted by law, Grantee will indemnify and hold the Board harmless from any liability for any failure to comply with any such applicable requirements. 15 Nondiscrimination During the performance of this Agreement, Grantee and its contractors, subcontractors and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color national origin, ancestry, physical handicap, medical condition, marital status, age or sex, or any other basis prohibited by local, state or federal law Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination Further, during the performance of this Agreement, Grantee and anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting access and use of the Project. 16. Publicity and Project Information. a. Grantee shall erect and maintain a sign at a prominent location on the Project site acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery GOCO will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible samples of its logo to Grantee for custom signs. i GOCO shall approve in advance the design of any permanent sign materially varying from the signs provided by GOCO To obtain such approval, Grantee shall submit to GOCO plans describing the number, design, placement, and wording of signs and placards Plans shall be submitted to the Board for review and approval prior to completion of the Project. ii The Board may withhold Final Payment pending evidence of placement of permanent signage b Grantee shall acknowledge Board funding in all publicity issued by it concerning the Project. 5 c Grantee shall cooperate with the Board or the Board's designee in advance in preparing public information pieces related to the Project. d. Grantee shall give the Board the right and opportunity to use information gained from the Project. e. Grantee shall give the Board a minimum 30 days' notice of Project grand openings, dedications, or other events. 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 counties in which the Project is located, as well as to other appropriate public officials. g. Grantee shall provide quality digital photographs (or printed photographs, if unable to provide digital photographs) of the completed Project with the Final Report. h. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO 17 Liability a. Grantee shall be responsible for, and to the extent permitted by law (including any constitutional or statutory limitations on the ability of a governmental entity to provide indemnification), indemnify, defend and hold harmless the Board, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs (including reasonable legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee's performance of this Agreement. 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 members, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner of the Project and the Property upon which it is located, or has control of the Project and the Property, and that GOCO neither possesses nor controls the Project, the Property, nor the operations of the Project. b Anything else in this Agreement to the contrary notwithstanding, 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 protection provided to the Board under the Colorado Governmental Immunity Act ( "CGIA ") as amended or as may be amended in the future (including, without limitation, any amendments to such statute, or under any similar statute which is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C R.S §24 -10 -101 et seq The Board and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the Board, its members, officials, agents and employees may be controlled and /or limited by the provisions of the CGIA The parties agree that no 6 provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of the Board, its members, officers, agents and employees. 18. 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, and records related to the Project shall be retained by Grantee for not less than 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 Grantee, to audit the books and records of Grantee which pertain to the Project and to the use and disposition of the Grant. While Grantee is not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the required records hereunder 19 Inspection Throughout the term of this Agreement, GOCO shall have the right to inspect the Project to ascertain compliance with this Agreement. 20 Withdrawal of Board Funding, Termination of Agreement Anything else in this Agreement or otherwise to the contrary notwithstanding, the Board may withdraw, in whole or in part, the Grant and /or terminate this Agreement, and /or seek a refund of payments already made if the Board determines in its discretion that: a. facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Grant as contemplated infeasible or impractical, b any material modifications in the scope or nature of the Project have occurred from that which was presented in the Project Application and such material modifications have not received the prior written approval of LOCO; c any statement or representation made by Grantee in the Project Application, this Agreement, the Advance Payment documentation, the Progress Report, the Final Report, or otherwise is untrue, inaccurate or incomplete in any material respect; d. the results of GOCO's review of the Advance Payment documentation, the Progress Report, or the Final Report are not acceptable to GOCO; e. the Project will not or cannot be completed by the Completion Date or any extensions granted thereto or delays in the implementation of the Project have occurred which, in the Board s judgment, make the Project impracticable, f the Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and /or Grantee s matching funding are reduced, g. title to or encumbrances against the Property are or become such that Grantee is unable to complete the Project, or the Project and /or the Property are or become unavailable for public use, h sufficient net lottery proceeds are not available to fund the Grant. 7 21 Breach a. In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, the Board may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following: i Prior to payment of Grant A. Withdraw the Grant and terminate this Agreement; and, B Deny Grantee eligibility for participation in future Board grants, loans or projects. ii. After payment (partial or full) of Grant: A Deny Grantee eligibility for participation in future Board grants, loans or projects, B Seek specific performance of Grantee's obligations under this Agreement; C Receive reimbursement in full of disbursement made under the Grant. b The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity In the event GOCO must pursue any remedy hereunder and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. 22 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 material to the other party 23 Assignment. Grantee may not assign its rights under this Agreement without the consent of the Board, which consent shall be in the discretion of the Board. Any assignment shall require that, at a minimum, the assignee is eligible to receive grants from the Board and assumes Grantee s ongoing obligations under this Agreement. 24 Applicable Law This Agreement shall be governed by the laws of the State of Colorado and venue for any dispute hereunder shall lie exclusively in the State Courts of the City and County of Denver 25 No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer /employee or other relationship between the parties hereto other than independent contracting parties. Except as permitted under the remedies provisions hereunder, neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party 8 26 Severability If any provision of this Agreement, or the application thereof, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision, other than those as to which it is found to be invalid, shall remain in full force and effect. 27 Time is of the Essence. Time is of the essence in this Agreement. 28 Survival. The terms and provisions of this Agreement and the parties' covenants hereunder shall survive the funding of the Grant and the completion of the Project. 29 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 of this Agreement transmitted by telecopy or e-mail as if they were original signatures. 30 Third Party Beneficiary. The Board and Grantee hereby acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between the Board and Grantee, and that no third party beneficiaries are intended. 31 Construction. Each party hereto has reviewed and revised (or requested revisions of) this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. 32. Waiver The failure of either party to enforce a term hereof shall not be deemed a waiver of such term or right of enforcement as to that breach or any subsequent breach of the same, similar or different nature. No waiver shall be enforceable hereunder unless signed by the party against whom the waiver is sought to be enforced 33 Entire Agreement. Except as expressly provided herein, 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 to this Agreement shall be valid unless made as an amendment to this contract, approved by the Board, and signed by the parties. IN WITNESS WHEREOF, the parties by signature bel w of their authorized representatives execute this Agreement effective as of the S day o 2011 STATE BOARD OF THE GREAT GRANTEE OUTDOO' . 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(/) 0 0 0 0 0 0 To a_ a. 1- up z .i= a p ,.:0): ,. - z 0 ! .: EXHIBIT C SUMMARY OF OVERDUE GRANTS POLICY (For information only - GOCO's full Overdue Grants Policy can be found at www goco.org) 7 34, GREAT OUTDOORS COLORADO Summary of Great Outdoors Colorado Overdue Grants Policy See www.goco.org or call 303 - 226 -4500 for a complete copy of the Overdue Grants Policy Grant is current and the original due date is applicable. GOCO Staff ( "Staff') will send a letter to the Grantee within 60 days of the project's anticipated due date to remind Grantee that the final report will soon be due This letter will also remind the Grantee of GOCO's policy for project modifications and project extensions. Failure to complete the project by the original due date, or by any extended due dates authorized by GOCO as discussed below may result in the de- authorization of the grant by the GOCO Board ( "Board ") Also, failure to complete the project by the applicable due date may result in the applicant being suspended from applying in pending or future grant cycles. Grant is current and the original due date is applicable, but the grantee needs to request an extension. If the Grantee needs to extend the original due date of the current project, the Grantee must notify GOCO immediately by submitting a written request to the Executive Director of GOCO ( "Executive Director ") that outlines the specific need for the extension, known as a Request for a Staff Extension. Staff extensions do not exceed 90 days. GOCO Staff have the discretion to grant one 90 -day extension if the request is deemed reasonable and warranted. Staff will notify the Grantee in writing of the decision to grant or deny the request for a staff extension. Failure to submit the Request for a Staff Extension to the Executive Director 30 days prior to the original due date may result in the de- authorization of the grant by the Board. If the Grantee needs an extension of more than 90 days, the Grantee shall forgo the staff extension and apply for a Board extension as discussed below Grant is current and the Grantee has already received a staff extension and desires further extension by the Board, OR the Grantee elects to forgo the staff extension in favor of seeking a Board extension. If the Grantee needs an extension in addition to the staff extension, or has elected to forgo the staff extension, the Grantee must notify GOCO immediately by submitting a written request to the Executive Director that outlines the specific need for the extension, known as a Request for a Board Extension. The Grantee s Request for a Board Extension will be considered by the Board at its next scheduled meeting. The Board has the sole discretion to grant or deny the requested extension The grant will not be considered overdue while the request for extension is pending. Failure to submit the Request for a Board Extension to the Executive Director 30 days prior to the original due date or staff extended due date may result in the de- authorization of the grant by the Board. Grant is overdue; the original due date or extended due date has passed. If the Grantee has not fulfilled the requirements of the GOCO grant award, and has not completed the project by the original due date set forth in the Grant Agreement or by any extended date(s) as approved by GOCO, staff will send a De- authorization Warning letter to the Grantee no later than 60 days after the applicable due date has passed The De- authorization Warning letter will state that the grant shall be presented to the Board for de- authorization or other appropriate action at the next scheduled Board meeting. The Grantee must respond to the De- authorization Warning letter at least 14 days prior to that Board meeting. The Board has the sole discretion to de- authorize the grant, extend the due date or take any other action it deems appropriate, including but not limited to modifying the terms and conditions of the grant award. Staff will notify the Grantee in writing of the Board's decision If an extension is not granted, a written Notice of Re- authorization will be sent to the Grantee. Failure to respond to the De- authorization Warning letter will result in an automatic de- authorization of the grant and will result in the applicant being suspended from applying in pending or future grant cycles. EXHIBIT D INTERGOVERNMENTAL (or other) AGREEMENT (If applicable ) Fountain Creek Watershed, Flood Control and Greenway District BOARD OF DIRECTORS MINUTES July 29, 2011 The meeting was held at: Pueblo County Building 215 West 10` Street, Commissioners Meeting Room, Pueblo, CO 81003 1 CALL TO ORDER AND ESTABLISHMENT OF A QUORUM Chairman Hisey called the meeting to order at 9 00 am. In attendance were the following duly designated members of the Board of Directors of the District: Name Dennis Hisey El Paso County Jeff Chostner Pueblo County Max Stafford EPC Small Municipalities Leroy Mauch Lower Arkansas Gabe Ortega City of Fountain Richard Skorman CAG Liaison Jane Rhodes Fountain Creek Land Owner Larry Atencto City of Pueblo Excused. Tim Leigh City of Colorado Springs A quorum was noted. Also present were Dan Kogovsek, Legal Counsel, Cole Emmons, Legal Counsel and Larry Small, Executive Director 2. APPROVAL OF THE AGENDA Upon motion duly made, seconded, and unanimously carried, the agenda was approved. 3. APPROVE MINUTES OF PRIOR BOARD MEETING Upon motion duly made, seconded, and unanimously carried, the minutes of the board meeting of June 24, 2011 were approved. 4. PUBLIC COMMENT No public comment was made. 5.0 REGULAR REPORTS 5.A. TAC UPDATE — Dennis Maroney Mr. Maroney reported that the TAC met on June 29, 2011 with Summit Economics and dedicated the whole meeting to providing input to the Stormwater Management Study He stated there was no meeting in July Mr. Maroney stated that the City of Pueblo had received a letter from the Union Pacific Railroad stating that they had agreed to remove five spans of the old railroad crossing Fountain Creek to the east. Union Pacific wants the City to remove the old tressel structure and the piers that supported the track across Fountain Creek. Director Chostner reported that he had been in communications with Representative Tipton's office and Homeland Security might want to use the tressel for an exercise and they might remove it. Mr. Maroney reported that the next TAC meeting would be Wednesday, August 3, 2011 at 1 pm in Fountain City Hall. 5.B. CAG UPDATE — Elaine Kleckner Ms. Kleckner reported that the CAG met July 8, 2011 with Summit Economics and dedicated the whole meeting to providing input to the Stormwater Management Study Carol Baker, Outreach Subcommittee, reported that the first Regional College and University Consortium meeting was held at the Fountain City Hall on July 20, 2011 at 12 00 PM. The discussion centered on how the District and the Colleges and Universities can work together to promote both educational programs and projects that would be beneficial to the Fountain Creek Watershed. She reported that the representatives from the Colleges and Universities were very enthusiastic about forming a partnership and wanted to get more of their departments and executive management involved. They plan to think about how to proceed and will meet again in September with the District to form a definitive plan, including having a reception for College and University Presidents and Administrators Director Chostner suggested that the Board needs to become active in the Consortium as well as attending the reception. The next meeting of the CAG will be 9 30 A.M.,August 12, 2011 at the Pueblo City Council temporary Chambers in Pueblo, CO 5.0 FINANCIALS AND APPROVAL OF INVOICES Larry Small presented the Fountain Creek District Balance Sheet as of June 30, 2011 The District has total assets of $664,876 73 and total liabilities of $72,770 Profit and Loss Budget vs. Actual report for the period January thru June 2011 indicated total revenues were $287 042 and total expenses were $217,224 for a net positive income of $143,751 resulting in a District total equity of $592,106 73 The General Fund cash on hand as of June 30, 2011 is $178,826 11 and the Restricted Fund cash on hand is $336,429 36 The Flood Control Study 12 -month CD value is $102,527 51 The total cash on hand is $617,782 98 Invoices presented for payment were Master Plan Fund THK Invoice #3279 $15,810 50 Master Plan development General Fund Larry Small Invoice 6 $2,500 Ex Director — 1 month Upon motion duly made, seconded, and unanimously passed, payment of the invoices as presented was authorized. 5.C. LEGAL REPORT — None 5.D EXECUTIVE DIRECTOR'S REPORT Larry Small reported that he was very impressed at how well the College and University Consortium meeting was organized and conducted and recognized Carol Baker, Jeff Besse and Perry Cabot of the CAG Outreach Subcommittee for their efforts in making it a success. Mr. Small reported that the Student Workshop held in Pueblo on July 20, 2011 was very successful. Approximately 40 students ages six to seventeen took part in the event to learn about Fountain Creek, the Sediment Removal System and participate in a contest to name the system. The name selected by the students was "Dirt Attracter" Mr. Small recognized Carol Baker, Eva Montoya and Perry Cabot of the CAG Outreach Subcommittee and John McArthur of Streamside Systems for their efforts in making the event a success. Mr. Small reported that a District Progress Report presentation had been given to the Fort Carson Sustainability Committee on July 13,2011 and to the Colorado Springs Downtown Lions Club on July 18, 2011 He reported that the Progress Report to member governments was scheduled to be given to Manitou Springs on August 2, 2011, to Pueblo County Commissioners on Aug 4, 2011, to the Town of Monument on Aug 15, 2011, to El Paso County Commissioners on August 18, 2011, to the Town of Palmer Lake on September 1, 2011, to the Town of Green mountain Falls on September 20, 2011, and to the City pf Colorado Springs on November 11, 2011 Other presentations would be announced when final schedules were set. Mr. Small encouraged all Board, TAC and CAG members to attend the presentations. Mr. Small reported that he would have a draft District 2012 Proposed Budget for review at the August Board meeting The proposed 2012 budget would need to be submitted to the State in October so it would have to be approved for submittal at the September Board meeting. Carol Baker reported that the IGA Steering Committee would receive the draft of the Fountain Creek Corridor Restoration Master Plan document from THK on August 4 2011 and would put it on the PPACG website for review 6.0 OLD BUSINESS - None 7.0 NEW BUSINESS 7.A PRESENTATION REQUESTING APPROVAL OF MATCHING FUNDS FOR TWO GOCO TRAIL GRANTS Carol Baker presented a request to the Board to provide $16,000 matching funds for a $60,000 GOCO Grant to the City of Colorado Springs for the design of the Front Range Trail extension along Fountain Creek through Clear Springs Ranch and to provide $10,000 matching funds for an $80 000 GOCO Grant to the City of Pueblo for the construction of a trail connecting Plaza Verde Park in Pueblo to the Front Range Trail along Fountain Creek. Colorado Springs Utilities would provide $8,000 in -kind support to the Colorado Springs grant and the City of Pueblo would provide $30,000 funds and $7,000 in -kind support to the Pueblo Grant. Chairman Hisey asked if the District had the funds to match the Grants. Mr Small responded that the matching funds were available in the Restricted Funds of the District and would be taken from the Master Plan funds since this was implementation of two Master Plan projects. Upon motion duly made, seconded, and unanimously passed, payment of the $26,000 matching funds as requested from the Master Plan fund was authorized. Mr. Small stated that he and the Attorney would prepare Memorandum of Agreements for the authorized matching funds with both the City of Pueblo and the City of Colorado Springs for approval by the District Board and each of the cities of Colorado Springs and Pueblo so the funds could be transferred. Those agreements would be available for Board review prior to the September District Board meeting where they would be presented for approval 7.B. REQUEST BOARD PERMISSION TO SUBMIT THE 2010 AUDIT TO THE STATE OF COLORADO Larry Small presented the draft 2010 District Audit performed by BiggsKofford and requested the District Board grant permission to BiggsKofford to submit the audit to the State of Colorado by July 31, 2011 as required by law Mr Small stated that he had verified the audit results from the District books and found the audit to be accurate and complete Mr Small stated that BiggsKofford would be at the August 26, 2011 District Board meeting to present the audit results to the District Board and answer any questions the Board might have Upon motion duly made, seconded, and unanimously passed, submission of the 2010 audit to the State of Colorado by July 31, 2011 was authorized. 8 OTHER BUSINESS - None 9 EXECUTIVE SESSION — None 10. CONFIRM NEXT MEETING TIME AND LOCATION The next meeting will be held August 26, 2011 at 1 00 pm at the Pueblo County Building, Commissioners Chambers, Pueblo, Colorado 11 ADJOURNMENT Upon motion duly made, seconded, and unanimously passed, the meeting was adjourned. 12. CONVENE AT THE SEDIMENT REMOVAL SITE ON FOUNTAIN CREEK AT 11 00 AM. This item was placed on the agenda to notice that there might be three or more District Board members attending the switch throwing ceremony for the Sediment Collection System Project on Fountain Creek. No District business was conducted at this ceremony 71 GREAT OUTDOORS COLORADO Local Government Reimbursement Options Great Outdoors Colorado offers three payment options for the reimbursement of grants awarded to all Local Government project. The payment options have been summarized below Upon reviewing the options please sign in the appropriate spot to indicate which reimbursement scenario will best accommodate your grant. Mail your selection back to GOCO with your grant agreements. Option 1- Grant Payment Prior to Project • Applicant may request one payment prior to commencement of work on a project, only IF the following situations apply • Up to 50% of the grant award may be requested with a signed construction contract between the applicant and a contractor • All usual reporting requirements, including documentation of cash and in -kind contributions and the total project and a report comparing the approved budget vs. actual use of funds, must be submitted prior to payment. Sign here to select Option 1 Contract #• Option 2 - Partial Payments of Grants (as a standard option, rather than only upon request) • Applicant may request one partial payment during the execution of the GOCO agreement. • Up to 50% of the grant award may be requested. • Partial grant payments will reimburse the grantee for actual expenditures made in the performance of the signed GOCO grant agreement. • All partial grant payments shall be based upon approved financial status reports documenting the expenditures made to date Progress reports and staff review of that reporting may not be as detailed as it will be at final report stage, in order to facilitate payment. • Final payment will be made upon full completion of the project and submission of all final report documentation. Final report materials include documentation to support all cash and in -kind contributions and the total project cost. Applicants are also required to submit a report comparing the approved budget vs. actual use of funds. GOCO reserves the right to withhold all or a portion of the final payment should we find that ineligible expenses were included either in a progress report or at final report stage. Sign here to select Option 2 th y, 717 ‘4,` e,, Contract #• // 3 9S C (/ Option 3- Final Grant Payment • The entire grant award will be paid upon full completion of the project and submission of a final report that indicates the project was completed in accordance with the grant agreement. • A final report including documentation of cash and in -band contributions and the total project cost a report comparing the approved budget vs. actual use of funds, must be submitted prior to payment. Sign here to select Option 3 Contract #