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HomeMy WebLinkAbout09749RESOLUTION NO. 9749 A RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO RELATING TO THE FISHING ACCESS TRAILS - PUEBLO PHASE XI PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has entered into a grant agreement to receive $17,160 from the Colorado Department of Natural Resources through the Colorado Division of Wildlife for the Fishing Access Trails — Pueblo Phase XI project; and WHEREAS, Colorado Department of Natural Resources has authorized the grant agreement to be extended from December 20, 2002 to June 30, 2003; and BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An amendment dated December 23, 2002 to an Agreement dated December 20, 2000, between the City of Pueblo, a Municipal Corporation, and the State of Colorado acting by and through the Department of Natural Resources for the Fishing Access Trails — Pueblo Phase XI project, a copy of which is attached hereto having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute and deliver said 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 same. INTRODUCED December 23, 2002 BY All Gurule Councilperson APPROVED: resident of City Council ATTEST: City C )o. -#qe) (19 ' g L_i Background Paper for Proposed RESOLUTION AGENDA ITEM # (0 DATE: DECEMBER 23, 2002 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO RELATING TO THE FISHING ACCESS TRAILS - PUEBLO PHASE XI PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an amendment to a Fishing Is Fun grant agreement between the City of Pueblo and the State of Colorado Department of Natural Resources extending the completion date of the contract from December 20, 2002 to June 30, 2003 relating to the Fishing Access Trails — Pueblo Phase XI project and authorize the President of Council to execute the agreement? RECOMMENDATION Approval of the Resolution. BACKGROUND The City has entered into a grant agreement with the Colorado Department of Natural Resources through the Colorado Division of Wildlife's Fishing Is Fun Program to receive $17,160 in funds that will assist in constructing fishing access trails at Runyon Lake and at Wildhorse Creek. In addition the grant will pay for planting vegetation along the trails and extending the handicapped accessible fishing dock at Fountain Lake, which is under water during high flows in Fountain Creek. The construction of the trails, handicapped access dock, and revegetation are included within the trail improvements project of the Arkansas River Corridor Legacy Project. The budget for the project is as follows: $ 17,160 DOW Fishing Is Fun Grant 14,300 Cash Match (provided by City's Contribution to the Arkansas River Corridor Legacy Project) $ 31,460 Total Project Cost The Planning Department delayed completion of the project due to the water restrictions imposed by the Pueblo Board of Water Works and the heavy work load of the Public Works Department who are preparing the design and bid packets for the project. The Planning Department notified State Parks of the delay and the possibility of requesting the extension of time to complete the project. FINANCIAL IMPACT The City of Pueblo has appropriated and budgeted the $31,460 to complete the Fishing Is Fun Project within the Arkansas River Corridor Legacy Project for trail construction in account AL0202 (See the attached Legacy Project Budget). This grant revenue was included as part of the trail construction funding that was included in the Legacy Project. The City will be required to maintain the natural surfaced trails following installation. In the 2003 City Budget $600,000 of the committed reserve funds will be reimbursed by the Legacy Project Partners. The following breakdown shows the funds that have been reimbursed by project partners that will be credited to the FY2003 budget: Project Sources of Funds Project Reimbursement Arkansas River Habitat Trout Unlimited $ 10,000 Improvements Greenway & Nature Center Pueblo County $ 15,000 Environmental Ed. Area Board of Water Works $132,000 Packard Foundation $ 50,000 River Trail Replacement Board of Water Works $ 93,000 Pueblo Zoo — River Otter Pueblo Zoological Society $100,000 Total Reimbursements $400,000 The Fishing Is Fun grant of $17,1600 will be reimbursed to the City following completion of the work identified in this agreement. Project Name: Fishing Access Trails /Pueblo Phase XI TIME EXTENSION ONLY through Jrme 30, 2003 Contact: Ed Dumph /Eric Harper Contract Amendment 41 FILE: 1016-05 ROUTE # 03 -PBA - � THIS AMENDMENT, made this 1 `~ day of Feb 2002 by and between the State of Colorado for the use and benefit of the Division of Wildlife hereinafter referred to as "the State," and the City of Pueblo hereinafter referred to as the "Contractor." FACTUAL RECITALS Authority exists in the law and funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 410, Appropriation Code F16, Contract Encumbrance Number C104908 and Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and The parties entered into a contract dated December 20, 2000 Contract Routing # 01 -PBA- 00204 Contract Encumbrance # C 104908 for the purpose of providing enhanced fishing recreation opportunities to the public at Runyon Lake State Wildlife Area. The City of Pueblo is requesting an extension of the contract until June 30, 2003 due to the City's Public Works Department's heavy workload, a bid packet for the construction of the project cannot be completed until April of 2003. Also due to the water restrictions that were imposed by the Board of Water Works, the Public Works Department recommends that the revegetative portion of the project not be completed until early spring of 2003. A request for extension was made to and granted from the U.S. Fish and Wildlife Service to extend its federal aid funding of the project in light of these unforeseen delays. All parties are in agreement to extend the term of the contract through June 30, 2003. NOW THEREFORE, it is hereby agreed that 1. Amendment No. 1 is supplemental to the Original Contract (1016 -05), Routing # O 1 -PBA- 00204 and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. 2. It is agreed the original contract is and shall be modified, altered, and changed in the following respects only: a. Page 4, paragraph 4., term of contract to complete the Project, and also defined in Exhibit A, shall be amended to extended through June 30, 2003. A copy of the original Contract is attached hereto as EXHIBIT ONE. 3. The effective date of this amendment is upon approval of the State Controller or his designee. 4. Except for the Special Provisions in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this amendment and any of the provisions of the original contract, the provisions of this amendment shall in all respects supersede, govern, and control. The Special Provisions shall always be Page I of 2 pages controlling over other provisions in the contract or amendments. The representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. 5. Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 6. This amendment shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. IN WITNESS WHEREOF, the parties hereto have executed this amendment on the day first above written. CITY OF PUEBLO (for) President of City Council CORPORATIONS: (A corporate seal or attestation is required.) STATE OF COLORADO BILL OWE 7OVr N OR By (for) Greg WalclYer, Executive Director Department of Natural Resources Date Attest (Seal) By \� , 1L (Corpora 'ecretary or Equivalent, or Town /City /County Clerk) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate. has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and ! or services provided. APPROVALS ATTORNEY GENERAL. By: 4 Date F- 6 /s 2-0 "7 STATE CONTROLLER Arthur L. Barnhart C31` -,� t q� Date j D o � C)3 Page 2 of 2 pages I EXHIBIT 1 Fishing is Fun Project PBA No. 1016 -05 FY 01 Routing No: OcQbH Project: Fishing Access Trails/Pueblo Phase XI Amt: $17,160.00 Contact: Ed Dumph/Eric Harper COOPERATIVE FISHERIES PROJECT FUNDING CONTRACT THIS CONTRACT, made thisa0th day of LAK'�- l f , 2000, (the "contract date ") by and between the State of Colorado acting by and through the Department of Natural Resources for the use and, benefit of the Colorado Division of Wildlife hereinafter referred to as "the State," and the . City of Pueblo whose address is PO Box 1427, Pueblo, CO 81002 -1427 hereinafter referred to as "the Contractor, and WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a. sufficient uncommitted balance thereof remains available for encumbering and subsequent payment under Encumbrance Number C 1oL4402 _ Fund No. 461, Agency PBA, Organization Unit Appropriation Code Ft�o, Program 4340, GBL Object Code 5110 in the amount of $17,160.00. WHEREAS, required .approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Fish and Wildlife Service of the U.S. Department of Interior has made . federal grant funds available to the State pursuant to the Federal Sportfishing Restoration Act; P.L. 98 -369, for the improvement of fisheries and recreational fishing opportunities in Colorado (hereinafter, the "sportfishing funds "); and WHEREAS, the State desires to make such funds available to the Contractor on a match basis for the purpose of improving fisheries and otherwise increasing - recreational fishing opportunities in Colorado as part of its "Fishing is Fun in Colorado Program." NOW, THEREFORE, it is hereby agreed that: 1. Tine Contractor shall implement the recreational fishing project (hereinafter "the. Project ") described in Exhibit A, which is attached hereto, incorporated, and made a part hereof by reference. Prosecution of the Project shall be under the general supervision of the State and the State may,- at its discretion, require that a:representative of the State be present at the project location while work is being conducted. The Contractor designates Lewis A. Quigley, City Manager whose address is PO Box 1427, Pueblo, CO 81002 -1427 whose phone number is (719) 545 - 0561 as its agent to contact concerning all matters of this Project. The subject Project shall be installed and constructed in accordance with plans and design approved by the State. Approved plans may be modified only by mutual agreement of the parties. Page 1 of 12 Pages 2. This contract provides for funding by a matching or cost sharing arrangement. Generally, the Contractor is responsible for a minim contribution of twenty -five percent (25 %) of the total Project cost. No more than seventy-five percent (75 %) of the total Project cost may be obtained through the federal aid monies hereby made available to the Contractor. The Contractor's portion of the total Project cost must be in the form of non - federal contributions. The Contractor's portion may be cash or in -kind contributions. The following conditions apply to determination of qualifications of the contribution of the Contractor: A. Federal aid funds may not exceed seventy-five. percent (75 %) of the total Project cost, including Sportfishing funds from the State and any other source of federal funds such as the U.S. Forest Service, Bureau of Land Management, or U.S. Fish and Wildlife Service. B. In -kind contributions maybe in the form of volunteer labor (non - federal), materials, use of equipment, costs incurred by the Contractor or subcontractors to complete the Project. To be eligible as an allowable cost, all in -kind contributions must be expressly determined by the State to be a necessary and integral part of the project. In -kind contributions may be used in addition to, or in place of cash contributions. C. Third party in -kind contributions may count toward satisfying the Contractor's portion of the total Project cost only if the Contractor receiving these in -kind contributions would otherwise have to pay for them to complete Project requirements or necessities. D. In -kind contributions may not include costs that are bome by other federal grant agreements. This includes costs and third party in -kind contributions that have been used to satisfy cost - sharing requirements of another federal grant/aid agreement or any other award or federal funds. U.S. Forest Service challenge grant or federal county aid dollars cannot be matched with sportfishing funds. E. Unless expressly permitted in this contract, income derived from the Project or program by the Contractor or subcontractors may not be counted as part of the Contractor's portion of total Project cost. F. Indirect costs may not be included as part of in -kind contributions. Examples of such indirect costs that may not be included are overhead charges, administrative costs and the purchase, use, and maintenance of miscellaneous small tools, including but not limited to shovels, picks, hammers, saws, chain saws, and drills. G. Certain preliminary costs for services, those incurred prior to the execution of this contract, may be reimbursable or included as part of in -kind contributions. Acceptable services include preliminary design, feasibility surveys (both engineering and biological) and land appraisals. To be eligible, these costs must be disclosed as Page 2 of 12 Pages preliminary costs in Exhibit B of this contract and is contingent upon obtaining federal approval. H. The valuation of an in -kind contribution is dependent on whether the contribution is from the State, the Contractor or a third party. (1) State contributions are valued at cost to the State regardless of current market value. (2) Generally, Contractor or third party in -kind contributions are valued at the rate the State would have to pay for similar services or property if purchased on the open market. (3) Materials contributed by a Contractor or a third party will be valued at the fair market value at the time of the contribution. (4) If the .Contractor or third party contributes land, equipment or building space, or the use thereof, the contribution will be valued at fair rental rate over the term of the Project or the fair market value, of the land, equipment, or building space, whichever is less. Only equipment, buildings, or land, or portions thereof, necessary and integral to the completion of the Project will be considered for valuation as an in -kind contribution. (5) Fair market or rental values shall be determined by standard appraisal techniques or any other method approved by the State. (6) For construction projects costing more . than $100,000, a registered professional engineer must approve engineering plans and specifications, approve the feasibility determination, supervise construction, and famish a report of final inspection. (7) Dams For projects involving the construction, enlargement, or rehabilitation of any artificial barrier, including appurtenant works, which impounds or diverts water, and which is 25 feet or more in height from the natural bed of the stream or watercourse or has an impounding capacity at maximum water storage elevation of 50 acre -feet or more, Contractor will provide a written certification, signed by a registered professional engineer, certifying that the proposed project meets Federal requirements. These requirements do not apply to any such barrier which is not in excess of 6 feet in height regardless of storage capacity, or which has a storage capacity at maximum water storage elevation not in excess of 15 acre -feet regardless of height, except if there is a potentially significant downstream hazard. The engineer must certify that: Page 3 of 12 Pages (1) the hazard and size classification of the dam is correct and that its present condition and deficiencies have been accurately identified; and (2) the proposed project has been designed to meet Federal Standards for dam design, construction and rehabilitation including, but not limited to, the Federal Guidelines for Dam Safety (June 25, 1979), Recommended Guidelines for Dam Safety - Inspection of Dam (Corps of Engineers, 1974), and any other technical requirements which may be identified in Federal Aid project agreement documents; and (3) the technical review of the project design and specifications by the State has been completed by a.registered engineer qualified in the design and construction of dams. The Contractor's share of the cost of the subject Project shall be a minimum of Forty - five, (45 %) percent, representing a minimum dollar value of Fourteen Thousands Three Hundred Dollars and 00 /100 ($14,300) and shall consist, at a minimum, of funds and in -kind contributions as set forth in Exhibit B hereto, which is by this reference incorporated and made a part hereof. All in -kind contributions must be clearly defined by the Project description contained in Exhibit B. The State shall pay to the Contractor Seventeen Thousand One Hundred Sixty Dollars and 00 /100 ($17,160.00) Dollars from the Sportfishing Restoration Act funds. Payments shall be made on a reimbursement basis, based upon the Contractor's submittal of receipts to the State evidencing authorized expenditures by the Contractor for services and materials used in prosecution of the Project... With submittal of receipts and canceled checks evidencing authorized expenditures, Contractor may request payments monthly, however, the reimbursement amount for each request shall be no less than $1,000 unless it is a request for final payment. The State shall in all cases retain ten percent (10 %) of the total available Sportfishing Restoration funds until final inspection and approval of the completed Project by authorized representatives of the State. Such payments shall also be subj ect to inspection and approval of the completed work by authorized representatives of the State. 4. The term of this contract shall be from the date of final execution by the State Controller until December 31, 2022. The Contractor shall complete the Project, as defined in Exhibit A, by December 31, 2002. The period from the above first written date to the above Project completion date is the Project period. The State does not guarantee that Sportfishing Restoration Act funds will remain available for reimbursement and the Contractor assumes all risk of loss if the Project is not completed in a timely manner as State funds are not available for reimbursement. The Contractor shall file quarterly progress reports with the State, on forms provided (Exhibit C) detailing the status ofthe Project and extent to which Page 4 of 12 Pages it has been completed. The first such quarterly report shall be due three (3) months after receipt of the notice to proceed, and every three (3) months thereafter until final approval of the completed Project by the State. The Contractor shall notify the State's Fishing is Fun Coordinator in writing, c/o CDOW, 6060 Broadway, Denver, CO 80216 (hereinafter, the Coordinator) at least ten (10) days prior to actual completion of the Project to arrange for final inspection of the Project. The Contractor shall submit all required final documents along with the final pay request to the Coordinator no later than 45 days after completion of the Project. 5. Procurement The Contractor hereby assures and certifies that it will comply with all applicable federal statutes, regulations, policies, guidelines and requirements including, but not necessarily limited to Office of Management and Budget Circulars Nos. A -87, A -95, and A -102 as. they relate to the application, acceptance, and use of federal funds for this federally assisted Project. As provided in Attachment 0 to OMB Circular A -102, procurement procedures which comply with the requirements of the Colorado Procurement Code will satisfy federal. procurement requirements. Reference Articles 101 through 112 of title 24, C.R.S. and the rules promulgated thereunder (1 C.C.R. 101 -9). 6. The Contractor agrees to comply with the following terms and conditions: A.. The Contractor shall operate and maintain for public recreational fishing use any property and facilities acquired or developed under this contract at its expense (unless otherwise provided for in Exhibit A) for the useful life of the property and facilities specified in Exhibit A hereto. Said property and facilities shall be maintained in a reasonable State of repair and shall be open for use by public at all reasonable hours of the day and time of the year as required by its intended use. In the event the property or facility is not operated and maintained for public recreation, the Contractor will reimburse the State 100 percent (100 %) of the remaining amortized value of such facility: The "remaining amortized value" is defined for the purpose of this contract as the total funds paid to the Contractor pursuant to paragraph 3, above, multiplied by the percentage which the remaining portion of the useful life comprises of the total useful life specified in Exhibit A. B. The Contractor shall not at anytime convert any property or facilities acquired or developed pursuant to this contract to other than public recreational fishing use without the prior written approval of the State. In the event the property or facility is converted, the Contractor will reimburse the State the current fair market value of the property or facility. In the event the property or facility is destroyed while under authority of the Contractor prior to the end of its useful life, the Contractor will reimburse the State 100 percent (100 %) of the remaining amortized value of such facility. Non - public recreational fishing uses of the said facilities which do not materially interfere with the public recreational fishing uses shall not be deemed a conversion of such facilities within the meaning of this paragraph 6.B. Page 5 of 12 Pages C. The Contractor shall. operate and maintain, or cause to be operated and maintained, any property and facilities acquired or developed pursuant to this contract in compliance with all applicable federal, State and local laws or regulations. Although the State may cooperate with the Contractor in securing any necessary licenses or permits required for.the prosecution of the Project or its operation under the contract, the Contractor shall be responsible for obtaining all such required licenses and permits from federal, State and local governments and special districts. If the Contractor is undertaking a project requiring a 404 permit under the Federal Clean Water Act, 33 U.S.C. 1344, the Contractor should contact the regional DOW office in which the Project is located to determine if the Project could proceed pursuant to an existing 404 permit. D. The Contractor shall upon request by the State or the U.S. Fish and Wildlife Service make available for inspection all property and facilities acquired or developed pursuant to this contract. E. The Contractor shall promptly complete and submit any and all reports or requests for information to the Coordinator at times specified by the Coordinator. F. The Contractor shall maintain a complete set of books, documents, papers and records for the Project herein under any generally accepted accounting system which satisfies federal requirements, to include. receipts or other proof of payment for all acquisitions of materials and services. Said items shall be retained by the Contractor for a period of at least 3 years from the end of the Project period and shall be available at any reasonable time for inspection by duly authorized federal or State representatives. G. If the Contractor is a political subdivision of the State, it agrees to have the Sportfishing funds audited by its independent auditors in compliance with Standards for Audit of Governmental Organizations, Programs, Activities and Functions issued by the General Accounting Office; the Single Audit Act 1984 and Office of Management and Budget Circular A -128, Audits of State and Local Governments The Contractor also agrees that, in its contract with the independent auditor, it will require the auditor to acquire and follow the above authoritative sources and submit the following: (1) An opinion on compliance with federal laws and regulations. (2) A Schedule of Grant Activity. (3) An opinion on the Schedule of Grant Activity. Page 6 of 12 Pages (4) Description of the controls relevant to this federal program that were evaluated by the auditor. This information must be included in the overall internal control opinion for the Contractor. (5) Submission of the. audit report and management letter comments as soon as they are available each fiscal year during the life of the contract, to the Controller, Department of Natural Resources, 1313 Sherman Street, Denver, Colorado 80203. H. The Contractor shall require that all facilities designed under this contract comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A117.1 -161, as modified (41 CFR 101 - 17.703). The Contractor shall conduct inspections to ensure compliance with these specifications regardless of whether the work is being performed by the Contractor or by subcontract. I. For all acquisitions of real property, the Contractor shall: (1) Comply with the terms and intent of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. Sec. 4601 -4655, and the. applicable regulations and procedures of the Department of the Interior implementing such Act. (2) Pay for and have an appraisal report prepared by a competent appraiser and a review appraisal report by a qualified review appraiser. (3) Require that the appraiser invite the property owner or representative to accompany the appraiser during the inspection of the site and include a Statement in the appraisal report as to whether or not the appraiser was so accompanied. (4) Require that the appraisal report and review report be prepared according to the Uniform Standards for Federal Land Acquisitions, Interagency Land Acquisition Conference, 1973. (5) Submit the appraisal report to the Coordinator for approval prior to the initiation of negotiations. (6) Prior to the initiation of negotiations, establish an amount which is believed to be just compensation for the real property and make an offer to acquire the property for the full amount so established. hi no case shall the amount established as just compensation be less than the approved appraisal of the estimated fairmarket value of the property. Page 7 of 12 Pages J. The Contractor shall provide and maintain permanent signs on or near the Project site indicating that the Project is funded in part by the Colorado Division of Wildlife through Federal Sportfishing Restoration Act funds for the life of the Project. K. The Contractor shall comply with the National Historic Preservation Act of 1966, as amended,(16 U.S.C. 470), Executive Order 11593, (May 13, 1971, 36 F.R. 8921), and the Uniform Federal Accessibility Standards Federal Register August 7, 1984 (49- FR31528). L. The Contractor shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4012A. M. The Contractor shall comply with 18 U.S.C. 1913 (Lobbying with Appropriated Funds) which in essence states: No part of the expenditures made under this contract shall be used to influence in any manner a Member of Congress on any bill or resolution which is proposing legislation or appropriations. N. The United States reserves the right to determine the disposition of title and rights to any inventions or processes that may result from prosecution of the Project; and the United States and the State each reserve a royalty free, non - exclusive, irrevocable right.to reproduce, publish, or otherwise use any copyrightable materials which may be produced as part of the Project for government purposes. O. The Contractor shall provide to the Coordinator color photo slides of the work site: 1) prior to commencement of work; 2) during construction; 3) completed project. P. If a purpose of the project is to provide to the public printed material, a proof copy must be provided to the Coordinator for written . approval prior to final reproduction. All such materials shall include a printed statement acknowledging that they were produced utilizing federal funds made available by the Colorado Division of Wildlife pursuant to the Sportfishing Restoration Act. Such materials shall not include any commercial advertising. Upon completion of the project, a minim of twenty (20) copies must be provided to the Coordinator. Q. Financial obligations of the Contractor payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. GENERAL PROVISIONS 1. At any time prior to the commencement of the Project, either the Contractor or the State may terminate this contract for convenience upon 30 days written notice to the other party. A Project shall be deemed commenced when the Contractor makes any expenditures or incurs any obligation with respect to the Project. After the commencement of the Project, this Page 8 of 12 Pages contract may be rescinded, modified or amended only by mutual written agreement in accordance with the State's fiscal rules. 2. At any time during the Project period the State may suspend Federal assistance pending corrective action by the Contractor or pending a decision to terminate the grant by the State. 3. The Project, in whole or in part, maybe terminated at any time before the date of completion for any of the following reasons: (a) the Contractor has failed to comply with the terms of the grant (the State shall provide written notice to the Contractor by certified mail, return receipt requested 30 days prior to termination. The State shall provide the Contractor a reasonable opportunity to cure any breach); (b) the State and the Contractor determine that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; (c) the Contractor has insufficient funds to complete the Project. If, after the start of the Project it is terminated for any of these reasons, the Contractor shall nevertheless bring the Project to a point of recreational usefulness which shall be determined by the State. All non - cancelable obligations incurred by the Contractor prior to the termination date set by the State shall be eligible for reimbursement unless the Project was terminated by reason of the Contractor's failure to comply with the conditions of the grant, which shall be deemed a breach of this contract. In the event of a.breach, the State may exercise its rights hereunder which shall include, but not be limited to, cancellation of all funding under this contract and recovery of all funds which may have been previously paid to the Contractor hereunder. For the purposes of the foregoing sentence, a breach in the performance of this Contract by the Contractor shall mean a breach of any material term, covenent or condition hereof which shall continue and not be cured for a period of thirty (30) days after written notice specifically setting forth the nature of the default has been given by the State to the Contractor, or if more than thirty (30) days is reasonably required to cure the noticed matter, if the Contractor shall fail to commence to correct the same within thirty (30) day period or shall thereafter fail to prosecute the same to completion with reasonable diligence. 4. Any modification of the Project or any extension of the Project period shall require the prior written approval of the State in the form of a written amendment executed by the parties hereto. Any request for extension of the Project period and justification therefore shall be submitted in writing 20 the Coordinator at least 4 days prior to the expiration of the Project period. 5. The parties to this contract intend that the relationship between them contemplated hereunder is that of employer - independent Contractor. No agent, employee, or servant of the Contractor shall be or shall be deemed to be an employee, agent, or servant of the State. The Contractor will be solely and entirely responsible for its acts and acts of its agents, employees, servants, and subcontractors during the performance of this contract. 6. All the terms, conditions and covenants hereof shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Page 9 of 12 Pages 7. This contract may not be assigned without the written consent of the State. 8. The State's obligations under this contract are contingent upon the continuing availability of federal funds for the purposes intended. 9. The Contractor affirms that the signatory to this contract is legally authorized to bind the Contractor and that he/she will execute this contract within the by -laws of the organization, or if a political subdivision then by the governing charter. 10. The Contractor shall utilize and comply with the Development Documentation Report, Sample Itemized Work Sheet, Request for Reimbursement, and Report of Contract Performance described in Exhibits C -1, C -2, C -3 and C -4, which are attached hereto, incorporated, and made a part hereof by reference. 11. The Contractor shall file an annual report with the State on form provided as Exhibit D, attached hereto, incorporated and made a part hereof by reference. The first annual report shall be due one year following final inspection of the project and will be due annually thereafter for the useful life of the project. 12. The attached "Special Provisions are hereby incorporated as pages 11 and 12 and made a part hereof. Provided, however, that if the Contractor is a political subdivision of the State, the words "its employees and agents" as they appear in the first line of paragraph 4 page 11 thereof, Indemnification shall not apply. The Contractor is relying on, and does not waive or intend to waive by any provision of this Agreement the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other right, immunity or protection provided by the Colorado .Governmental Immunity Act or otherwise available to the Contractor, its officers or employees. (Special Provisions and Signature Page Follow) Page 10 of 12 Pages SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the Contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if.the Contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such Contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the stun specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the Contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106. INDEMNIFICATION 4. To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24- 34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shag be contained in all State contracts or subcontracts. During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor. State that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The Contractor will send to each labor union or representative of workers with which be has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the Contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the Governor. (d) The Contractor and labor unions will furnish all information and reports required by Executive Order, Equal .Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provision of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. (g) In the event of the Contractor's non- compliance with the non -discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Orders, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The Contractor will include the provisions of paragraphs (a) through (h) in every subcontract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any sub- contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. Revision 1: 1 -1 -99 Page jlofJ.2 pages COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8 -17 -101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part be State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a State or foreign country equal to the preference given or required by the State or foreign country in which the non- resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 9. Pursuant to CRS 24 -30 -202.4 (as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof; the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 10. The signatories aver that they are familiar with CRS 18 -8301, et. seq., (Bribery and Corrupt Influences) and CRS 18- 8-401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present. 11. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor: (Full,$,egal Name) I/ a' Position (Title) �JdA is S:CW Sa dty Number or Fe M Ideodfiradoa Number If Corporation:) Attest (Seaiy� By_ Core ecrtury. a EgWv m T.v Cir,/C a tkh APPROVALS. STATE OF COLORADO BILL OWENS, GOVERNOR ��i DEPARTMENT OF Natural Resources ARTHUR L. BARNHART, STATE CONTROLLER Revision I: 1 -1 -99 Page 12of/Z pages