The URL can be used to link to this page

02-23-2010 Agreement FIF-1659-10 Dept of Natural Resources, Divison of Wildlife and TOASTATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297 -1192 wildlife. state. co. us Date: Agency Submitted to: Contract orAgreement Number: Project Title: Number of Copies Enclosed: TRANSMITTAL FORM February 23, 2010 Rob Janusz Parks Superintendent Town of Avon PO Box 975 Avon, CO 81620 FIF- 1659 -10 Nottingham Lake Pier —Avon fp OF For Wildlife - For People We are retaining the advance or machine copy with the understanding that a fully executed copy will be forwarded later. X We are submitting a fully executed copy for yourfiles. AS PER THE TERMS OF THE CONTRACT, PLEASE iSUBMIT TO AT THE ADDRESS BELOW, A COPY OF YOUR INSURANCE CERTIFICATE naming the State as additional insured. Thank you! Enclosed are 5 copies of your contract for your review and signature Please return all copies for further processing. Upon final execution of the Contract, a copy will be forwarded for your records SPECIAL COMMENTS All correspondence concerning this contractor grant should be directed to: Deborah French Contract Administrator Colorado Division of Wildlife 6060 Broadway Denver, CO 80216 cc: Jim Guthrie Bill Andree FIF- 1659 -10 Phone: 303 - 291 -7504 DEPARTMENT OF NATURAL RESOURCES, James B. Martin, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair • Robert Streeter, Vice Chair • Mark Smith, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Dorothea Farris • Roy McAnally • John Singletary Ex Officio Members, James B. Martin and John Stulp STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 www. wildlife.state. co. us February 23, 2010 Rob Janusz Parks Superintendent Town of Avon PO Box 975 Avon, CO 81620 AUTHORIZATION TO PROCEED Co 07 V ' For Wildlife - For People Enclosed is a fully executed copy of Subgrant Agreement No. FIF- 1659 -10 signed and approved by the State Controller or designee on February 18, 2010 Payment for performance and any eligible expenses incurred from the federal approved grant performance period start date of December 10, 2009 or any approved pre- agreement costs incurred prior to this date, may now be submitted to the FIF (bordinator for approval and reimbursement. We strongly recommend that any of your staff who will be associated vith the administration of this project carefully read this Subgrant Agreement and become familiar with its requirements. Past experience has shown the following areas are most often unclear and cause confusion. The Subgrant Agreement work items and cost breakdown (Exhibits Aand B) should be considered as line items. With proper documentation, the Division of Wildlife will reimburse you for expenditures up to the amount listed for each item The in -kind match should be considered as the minimum amount you need to document to be reimbursed for your expenditures If for any reason, it becomes apparent that the figures are either too high or too lov or other changes are necessary, please notify Jim Guthrie, the Fishing is Fun (FIF) Coordinator at 303 -291 -7563 as soon as possible, but at least 45 days prior to the project period end date,so he can make the determination if adjustments are needed tothe Subgrant Agreement. 2. It is your responsibility to install and maintain signs that recognize the Sportfish Restoration Project as a partial source of funding, and that program is administered by the Colorado Division of Wildlife through its Fishing is Fun Program. Help in wording and logos can be provided by the Denver FIF Coordinator. 3. Photographs are an important record for the Fishing is Fun program. You are required to provide the FIF Coordinator with a series of color photo slides, digital photos, a' color prints that clearly show the before and after aspects of your project. DEPARTMENT OF NATURAL RESOURCES, James B. Martin, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair • Robert Streeter, Vice Chair Y Mark Smith, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford ® Dorothea Farris • Roy McAnally • John Singletary Ex Officio Members, James B. Martin and John Stulp 4. When it comes time to request payment, be it partial or final, PLEASE CALL IF YOU HAVE ANY QUESTIONS. MOST PROBLEMS CAN BE RESOLVED IF DONE PRIOR TO THE END OF THE PROJECT. Please note that a quarterly status report; Exhibit C -4, is due May 23, 2010 and every 90 days thereafter, unless waived by FIF Coordinator. The forms for this report, Exhibit C-1, C -4 are attached to this Subgrant Agreement. Also included are the other forms you will need when you request reimbursement and close out the Project. The annual inspection report, Exhibit D, is due one (1) year after final inspection of the Project and every year during the "useful life" period identified in the Subgrant Agreement. All these forms are attached to the Subgrant Agreement. Please feel free to copy forms as you need them or contact the Denver FIF Coordinator Jim Guthrie for an electronic version. Please remember to make extra copies for your records prior to submitting The Division of Wildlife is pleased to be able to assist you with your undertaking to provide appropriate recreational fishing and boating facilities to the public. Sincerely, Contract Administrator Phone: 303 -291 -7504 Fax: 303 - 291 -7118 Enclosure as stated cc: Jim Guthrie Bill Andree FIF - 1659 -10 M--- n „r n __--- DOW File No. FIF- 1659 -10 STATE OF COLORADO Department of Natural Resources, Division of Wildlife Subgrant Agreement with Town of Avon Routing No. 9931 1. PARTIES This Subgrant Agreement is entered into by and between the Town of Avon, a Home Rule Municipality, PO Box 975, Avon, CO 81620 (hereinafter called "Subgrantee "), and the STATE OF COLORADO, acting by and through the Department of Natural Resources, Division of Wildlife, 6060 Broadway, Denver, CO 80216 (hereinafter called the "State" or "DOW "). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Subgrant Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date ") but shall be effective and enforceable thereafter in accordance with its provisions. The State shall not be liable to pay or reimburse Subgrantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date, except as otherwise stated in §5(A). 3. RECITALS A. 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 under Contract Encumbrance No. C108744 in the amount of $101,700.00; and B. The Fish and Wildlife Service of the U.S. Department of Interior ( "the Service ") has made federal grant funds available to the State pursuant to the Federal Aid in Sport Fish Restoration Act of 1950, (64 Stat. 430, as amended 16 USC 777- 777m), for fish restoration and management projects which improve fisheries and recreational fishing opportunities in Colorado ( "Sportfishing Funds "); and C. The Fish and Wildlife Service of the U.S. Department of Interior obligate these Sportfishing Funds to be reimbursable from the date the grant award is approved by the Service, (43 CFR 12.63 and 522 FW 25.7); and D. The State desires to make the Sportfishing Funds available to the Subgrantee on a reimbursable 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 "; and E. The State makes the Sportfishing Funds available to Subgrantee in reliance on the representation by the Subgrantee that neither Subgrantee, nor any person or entity acting on its behalf, shall conduct activities with the Sportfishing Funds for purposes or uses prohibited or otherwise restricted under 50 CFR 80; and F. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget "Budget" means the budget for the Work described in Exhibit B. B. Evaluation "Evaluation" means the process of examining Subgrantee's Work and rating it based on criteria established in §6 and Exhibit A. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Project Narrative), Exhibit B (Budget), Exhibit C -1 (Project Documentation Report), Exhibit C -2 (Itemized Work Sheet), Exhibit C -3 (Request for Reimbursement), Exhibit C -4 (Performance Report), Exhibit D (Annual Report), and Exhibit E (Volunteer Time Tracking Sheet). D. Goods "Goods" means tangible material acquired, produced, or delivered by Subgrantee either separately.or in conjunction with the Services Subgrantee renders hereunder. E. Subgrant Agreement "Subgrant Agreement" means this Subgrant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Subgrant, and any future modifying agreements, exhibits, Page 1 of 18 attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds "Grant Funds" means available funds payable by the State to Subgrantee pursuant to this Subgrant Agreement. G. Party or Parties "Party" means the State or Subgrantee and "Parties" means both the State and Subgrantee. The Subgrantee's officers, agents, and assigns shall not include Subgrantee's contractors. H. Program "Program" means the Fishing is Fun in Colorado grant program that provides the funding for this Subgrant Agreement. I. Review "Review" means examining Subgrantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibit A. J. Services "Services" means the required services to be performed by SubgranteeSubgrantee pursuant to this Subgrant Agreement. K. Subcontractor "Subcontractor" means third - parties, if any, engaged by Subgrantee to aid in performance of its obligations. L. Work "Work" means the tasks and activities Subgrantee is required to perform to fulfill its obligations under this Subgrant Agreement and Exhibit A, including the performance of the Services and delivery of the Goods. M. Work Product "Work Product" means the tangible or intangible results of Subgrantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM and EARLY TERMINATION A. Grant Performance Period The term of this Subgrant Agreement shall commence on December 10, 2009 and shall continue through December 31, 2011 (the "Grant Performance Period "). However, payment for performance shall not begin until this Subgrant Agreement is approved by the State Controller, or designee (the "Effective Date "). The grant may be charged only for obligations incurred during the Grant Performance Period established upon grant award approval by the federal awarding agency (522 FW 25). This is the period of time during which federal funds are available for expenditure by the recipient (43 CFR 12.63). B. Early Termination This Subgrant Agreement is subject to early termination in accordance with the provisions of §15 and other specific provisions below herein. 6. STATEMENT OF WORK A. Completion i. Subgrantee shall complete the Work and its other obligations as described herein and in Exhibit A during the Grant Performance Period. Subgrantee shall undertake the Scope of Work (the "Project ") described in this Subgrant Agreement and Exhibit A. Prosecution of the Project shall be under the general supervision of the Subgrantee. The State may, at its discretion, require that a representative of the State be present at the Project location while work is being conducted. For construction projects costing more than $100,000, the Subgrantee shall retain a registered professional engineer who shall approve Project engineering plans and specifications, approve the feasibility determination, supervise construction, and furnish a report of final inspection to the State. ii. The Subgrantee shall provide and maintain permanent signs on or near the Project site for the life of a Project indicating that the Project is funded in part by the Sport Fish Restoration Act (50 CFR 80.26 (a), (g), and (h); 041 FW 3 Signs) iii. If the Project includes dam construction: a. Construction, enlargement, or rehabilitation of a dam is subject to the Federal standards for dam design. If the Project involves the construction, enlargement, or rehabilitation of dams subject to Federal design requirements, the Subgrantee shall provide evidence that an Page 2 of 18 engineer has reviewed the design and specifications. For dam construction, the review must be by an engineer qualified in the design and construction of dams. b. The proposed project shall be 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 Colorado Rules and Regulations for Dam Safety and Dam Construction (2CCR 402 -1). B. Project Useful Life L As per United States Department of Interior 522 FW 18.5A. Useful Life of Capital Improvements Funded by Federal Assistance Grants, the State has determined that the useful life for capital improvements is 20 years. The "useful life" of the Project shall extend 20 years beyond the Project final inspection acceptance date. Grantee shall operate and maintain the Project, or cause the Project to be operated and maintained, for public recreational fishing use during the "useful life" period. The "Real Property" to be operated and maintained shall include land, land improvements, structures, and appurtenances thereto, acquired or developed under this Project, excluding movable machinery and equipment. The Real Property shall be maintained by Grantee in a reasonable state of repair and shall be open for use by the public at all reasonable hours of the day and time of the year as required by its intended purpose. ii. Subgrantee shall not at anytime convert any Real Property acquired or developed pursuant to this Subgrant Agreement to other than public recreational fishing use without the prior written approval of the State. In the event the Real Property is converted (Loss of Control), Subgrantee will replace or reimburse the State the current fair market value of the Real Property. Replacement Real Property must be of equal value at current market prices and have equal benefits as the original Real Property. 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. iii. Loss of Control is when such Real Property passes from management control of the Subgrantee. The control must be fully restored to the Subgrantee or the Real Property must be replaced using non - Federal Assistance funds. Final resolution for loss of control will require approval by the Federal awarding agency. C. Employees All persons employed by Subgrantee or Subcontractors shall be considered Subgrantee's or Subcontractors' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Subgrant Agreement. 7. PAYMENTS TO SUBGRANTEE The State shall, in accordance with the provisons of this §7, pay Subgrantee in the following amounts and using the methods set forth below: A. Maximum Amount The State shall reimburse Grantee up to a maximum amount of $101,700.00, which shall be from available Sportfishing Funds for the completion of the Project described in Exhibit A during the Grant Performance Period. B. Payment 's. Advance, Interim and Final Payments Any advance payment allowed under this Subgrant Agreement or in Exhibit B shall comply with State Fiscal Rules and be made in accordance with the provisions of this Subgrant Agreement or such Exhibit. Subgrantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth in approved by the State.Payments shall be made on a reimbursement basis, based upon the Subgrantee's submittal of receipts to the State evidencing allowable expenditures by the Subgrantee for services and materials used in prosecution of the Project, as determined by the State, with submittal of receipts and canceled checks evidencing allowable expenditures, Subgrantee 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 Funds until final inspection and approval of the completed project by authorized representatives of the State. Such payments shall also be subject to inspection and approval of the completed work by authorized representatives of the State. Page 3 of 18 ii. Preliminary or Pre - Agreement Costs Certain preliminary costs for services, incurred by Subgrantee prior to the execution of the grant award, may be reimbursable or included as part of allowable in -kind contributions. Acceptable services may include, but are not limited to, preliminary design, feasibility surveys (both engineering and biological) and land appraisals. To be eligible, such costs shall be disclosed to the State as preliminary or pre- agreement costs in Exhibit B, and shall be subject to federal approval pursuant to 522 FW 1.11 B (2), and shall also be subject to the following cost principles: 2 CFR 225 Appendix B sections 31 and 32 (formally Office of Management and Budget (OMB) Circular No. A -87, attachment B sections 31 and 32). iii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents peformance by Subgrantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Subgrantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Subgrantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. iv. Available Funds - Contingency - Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Subgrantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Subgrant Agreement in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Subgrant Agreement shall be made only from available funds encumbered for this Subgrant Agreement and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Subgrant Agreement, the State may immediately terminate this Subgrant Agreement in whole or in part without further liability in accordance with the provisions herein. v. Erroneous Payments At the State's sole discretion, payments made to Subgrantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Subgrantee, may be recovered from Subgrantee by deduction from subsequent payments under this Subgrant Agreement or other Grants, grants or agreements between the State and Subgrantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party other than the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and /or in the Budget. Subgrantee may adjust budgeted expenditure amounts up to 10% within each line item of said Budget without approval of the State. Adjustments in excess of 10% shall be authorized by the State in an amendment to this Subgrant Agreement. The State's total consideration shall not exceed the maximum amount shown herein. D. Matching Funds i. Subgrantee shall provide matching funds as provided in Exhibit B. Subgrantee's share of the cost of the subject Project shall be 36 %, representing a dollar value of $58,300.00, all of which shall be the sole responsibility of the Subgrantee and shall not be reimbursable by the State or the Federal Government, and shall consist, at a minimum, of funds, allowable costs, and the value of third party in -kind contributions as set forth in Exhibit B. Third party in -kind contributions shall mean property or services which benefit a federally assisted project or program and which are contributed by non - Federal third parties without charge to the Subgrantee. Cost sharing or matching shall mean the value of the third party in -kind contributions and the portion of the costs of a federally assisted grant project or program not borne by the Federal Government. ii. Subgrantee shall comply with all applicable federal statutes, regulations, policies, guidelines and requirements regarding all contributions, matching and cost - sharing, including, but not necessarily limited to 43 CFR Part 12, 50 CFR Part 80, and 2 CFR 225 (formally OMB Circular No. A -87); and OMB Circulars Nos. A -102 and A -133 as they relate to the application, acceptance, and use of federal funds for this federally assisted Project. iii. Subgrantee shall include in any contract, subcontract, subgrant, or agreement entered into in performance of the Project, the provisions required by 43 CFR 12.76(i). Subgrantee certifies that it has read and shall comply with all of the provisions of 43 CFR 12, as applicable. Subgrantee "will use Page 4 of 18 their own procurement procedures which reflect applicable State and local laws and regulations, provided that procurements conform to applicable Federal law and the standards in this section" as required by 43 CFR 12.76 (b). Subgrantee shall not make any award or permit any award (subgrant or contract) at any tier to any party, which is debarred or suspended under 43 CFR 12.75. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds i. Subgrantee shall utilize and comply with the following: Exhibit C -1, Exhibit C -2, and Exhibit C -3. ii. If volunteer labor is part of Subgrantee's match, Subgrantee will collect and file with DOW the appropriate documentation using Exhibit E. This documentation must accompany Subgrantee's requests for reimbursement (Exhibit C -3). iii. Using Exhibit C -4, Subgrantee shall file quarterly progress reports with the State detailing the status of the Project and extent to which it has been completed. The first such quarterly report shall be due three (3) months after Subgrantee receives the notice to proceed, and every three (3) months thereafter until final approval of the completed Project is performed by the State. Subgrantee shall notify the State's Fishing is Fun Coordinator ( "State Coordinator ") in writing at least ten (10) days prior to actual completion of the Project to arrange for final inspection of the Project. Subgrantee shall submit all required final documents along with the final payment request to the State Coordinator no later than 45 days after completion of the Project or within the timeframe allowed by the Federal awarding agency. iv. Subgrantee shall provide to the State Coordinator color photo slides, digital photos, or color prints of the work site: 1) prior to commencement of work, 2) during construction, and 3) upon completion, of the Project. v. After the Project is completed, Subgrantee shall file an annual report with the State on the form provided as Exhibit D. The first annual report shall be due one year following final inspection of the Project and shall be due annually thereafter during the Project Useful Life. vi. The State Coordinator may waive in writing any quarterly or annual performance report if deemed unnecessary, provided the State will still be able to meet its performance reporting obligations to the Federal agency. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Subgrant Agreement or which may affect Subgrantee's ability to perform its obligations hereunder, Subgrantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of the Department of Natural Resources. C. Noncompliance Subgrantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and /or termination as provided under this Subgrant Agreement. SUBGRANTEE RECORDS Subgrantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Subgrantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Subgrantee shall maintain such records (the Record Retention Period) until the last to occur of the following: (i) a period of three years after the date this Subgrant Agreement is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Subgrantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the "Record Retention Period "). B. Inspection Subgrantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and /or transcribe Subgrantee's records related to this Subgrant Agreement during the Record Retention Period for a period of three years following Page 5 of 18 termination of this Subgrant Agreement or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Subgrantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Subgrant Agreement, including any extension. If the Work fails to conform to the requirements of this Subgrant Agreement, the State may require Subgrantee promptly to bring the Work into conformity with Subgrant Agreement requirements, at Subgrantee's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Subgrantee to take necessary action to ensure that future performance conforms to Subgrant Agreement requirements and exercise the remedies available under this Subgrant Agreement, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Subgrantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Subgrantee pursuant to the terms of this Subgrant Agreement using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Subgrantee's performance hereunder. D. Final Audit Report If an audit is performed on Subgrantee's records for any fiscal year covering a portion of the term of this Subgrant Agreement, Subgrantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION -STATE RECORDS Subgrantee shall comply with the provisions on this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality Subgrantee shall keep all State records and.information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Subgrantee shall be immediately forwarded to the State's principal representative. B. Notification Subgrantee shall notify its agent, employees, Subcontractors, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Subgrantee or its agents in any way, except as authorized by this Subgrant Agreement or approved in writing by the State. Subgrantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Subgrantee or its agents, except as permitted in this Subgrant Agreement or approved in writing by the State. D. Disclosure - Liability Disclosure of State_ records or other confidential information by Subgrantee for any reason may be cause for legal action by third parties against Subgrantee, the State or their respective agents. Subgrantee 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 and related costs, incurred as a result of any act or omission by Subgrantee, or its employees, agents, Subcontractors, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST A. Definition and Appearance Subgrantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Subgrantee's obligations hereunder. Subgrantee acknowledges that with respect to this Subgrant, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Subgrantee shall refrain from any practices, activities Page 6 of 18 or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. Subgrantee shall comply with the provisions of CRS §18 -8 -308 and § §24 -18- 101 -109. B. Specific Prohibitions Subgrantee and its respective officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Subgrantee's potential subgrantees, or parties to sub - contracts. Subgrantee's employees, officers, agents or any permitted sub - grantees shall not participate in the selection, award, or administration of this Subgrant Agreement or any sub -grant or sub - contract, if an actual or apparent conflict of interest would occur. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for award: i. An employee, officer, agent, or board member; ii. Any member of the employee's immediate family; iii. An employee's partner; or iv. An organization, which employes, or is about to employ, any of the aforementioned. C. Disclosure Statement Subgrantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict shall be considered a material default of this Subgrant Agreement and grounds for termination under the Termination for Default/Cause in Section 20 of this Subgrant Agreement. D. Code of Performance Subgrantee, and sub - grantees and subcontractors, if any, shall maintain a written code of standards governing the performance of their respective employees, agents, and contractors engaged in the award and administration of this Subgrant Agreement, or subcontract or subgrant, if any. Subgrantee shall provide a copy of such code to the State within 10 days of the State's written request therefore. 12. REPRESENTATIONS AND WARRANTIES Subgrantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Subgrant Agreement. A. Standard and Manner of Performance Subgrantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Subgrant Agreement. B. Legal Authority — Subgrantee and Subgrantee's Signatory Subgrantee warrants that it possesses the legal authority to enter into this Subgrant Agreement and that it has taken all actions required by its procedures, by -laws, and /or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Subgrant Agreement, or any part thereof, and to bind Subgrantee to its terms. If requested by the State, Subgrantee shall provide the State with proof of Subgrantee's authority to enter into this Subgrant Agreement within 15 days of receiving such request. C. Licenses, Permits, Etc. Subgrantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Subgrantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Subgrant Agreement, without reimbursement by the State or other adjustment in Subgrant Agreement Funds. Additionally, all employees and agents of Subgrantee performing Services under this Subgrant Agreement shall hold all required licenses or certifications, if any, to perform their responsibilities. Subgrantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non - renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Subgrantee to properly perform the terms of this Subgrant Agreement shall be deemed to be a material breach by Subgrantee and constitute grounds for termination of this Subgrant. Agreement. 13. INSURANCE Subgrantee and its Subcontractors shall obtain and maintain insurance as specified in this section at all times during the term of this Subgrant Agreement: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Subgrantee and the State. Page 7 of 18 A. Subgrantee i. Public Entities If Subgrantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended (the "GIA "), then Subgrantee shall maintain at all times during the term of this Subgrant Agreement such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the GIA. Subgrantee shall show proof of such insurance satisfactory to the State, if requested by the State. Subgrantee shall require each Subgrant Agreement with Subcontractors that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subcontractor's liabilities under the GIA. ii. Non- Public Entities If Subgrantee is not a "public entity" within the meaning of the GIA, Subgrantee shall obtain and maintain during the1erm of this Subgrant Agreement insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subcontractors that are not "public entities ". B. Subcontractors Subgrantee shall require each Subgrant Agreement with Subcontractors, other than those that are public entities, providing Goods or Services in connection with this Subgrant Agreement, to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Subgrantee and Subcontractor employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Subgrantees, products and completed operations, blanket Grantual liability, personal injury, and advertising liability with minimum limits as follows: (a)$1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Subgrantee a certificate or other document satisfactory to Subgrantee showing compliance with this provision. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Subgrantee and the State shall be named as additional insured on the Commercial General Liability policy (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Subgrantee and Subcontractors shall be primary over any insurance or self - insurance program carried by Subgrantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non - renewal without at least 45 days prior notice to the Subgrantee and the State by certified mail. vii. Subrogation Waiver All insurance policies in any way related to this Subgrant Agreement and secured and maintained by Subgrantee or its Subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Subgrantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Subgrantee and all Subcontractors shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Subgrant Agreement. No later than 15 days prior to the expiration date of any such coverage, Subgrantee and each Subcontractor shall deliver to the State or Subgrantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Subgrant Agreement or any sub - grant, Subgrantee and each Subcontractor shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. Page 8 of 18 14. BREACH A. Defined In addition to any breaches specified in other sections of this Subgrant Agreement, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Subgrantee, or the appointment of a receiver or similar officer for Subgrantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Subgrant Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Subgrantee is in breach under any provision of this Subgrant Agreement, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Subgrant Agreement following the notice and cure period set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and /or Breach If Subgrantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Subgrant Agreement and in a timely manner, the State may notify Subgrantee of such non - performance in accordance with the provisions herein. If Subgrantee thereafter fails to promptly cure such non - performance within the cure period, the State, at its option, may terminate this entire Subgrant Agreement or such part of this Subgrant Agreement as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Subgrantee shall continue performance of this Subgrant Agreement to the extent not terminated, if any. L Obligations and Rights To the extent specified in any termination notice, Subgrantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub - Grants with third parties. However, Subgrantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Subgrant Agreement's terms. At the sole discretion of the State, Subgrantee shall assign to the State all of Subgrantee's right, title, and interest under such terminated orders or sub - Grants. Upon termination, Subgrantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Subgrantee in which the State has an interest. All materials owned by the State in the possession of Subgrantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Subgrantee to the State and shall become the State's property. ii. Payments The State shall reimburse Subgrantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Subgrantee was not in breach or that Subgrantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Subgrant Agreement had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Subgrantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Subgrant Agreement by Subgrantee and the State may withhold any payment to Subgrantee for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from Subgrantee is determined. The State may withhold any amount that may be due to Subgrantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods Page 9 of 18 or services. Subgrantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Subgrant Agreement for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and /or Courts. If this Subgrant Agreement ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Subgrant Agreement in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Subgrant Agreement by the State for cause or breach by Subgrantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. L Method and Content The State shall notify Subgrantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Subgrant Agreement. ii. Obligations and Rights Upon receipt of a termination notice, Subgrantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Subgrant Agreement is terminated by the State pursuant to this §15(B), Subgrantee shall be paid an amount which bears the same ratio to the total reimbursement under this Subgrant Agreement as the Services satisfactorily performed bear to the total Services covered by this Subgrant Agreement, less payments previously made. Additionally, if this Subgrant Agreement is less than 60% completed, the State may reimburse Subgrantee for a portion of actual out -of- pocket expenses (not otherwise reimbursed under this Subgrant Agreement) incurred by Subgrantee which are directly attributable to the uncompleted portion of Subgrantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Subgrantee hereunder. C. Remedies Not Involving Termination The State, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: L Suspend Performance Suspend Subgrantee's performance with respect to all or any portion of this Subgrant Agreement pending necessary corrective action as specified by the State without entitling Subgrantee to an adjustment in price /cost or performance schedule. Subgrantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Subgrantee after the suspension of performance under this provision. ii. Withold Payment Withhold payment to Subgrantee until corrections in until corrections in Subgrantee's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Subgrantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Subgrantee's employees, agents, or Subcontractors whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Subgrant Agreement is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Subgrantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Subgrant Agreement, Subgrantee shall, at the State's option (a) obtain for the State or Subgrantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non - infringing products or modify them so that they become non - infringing; or, (c) if neither of the forgegoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Page 10 of 18 Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy notice, notice also may be sent by e -mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State Coordinator: Jim Guthrie Colorado Division of Wildlife 6060 Broadway Denver, CO 80216 Phone: 303 - 291 -7563 Email: iim.guthrie( With respect to the representative of the State, the State Coordinator shall have the authority to assure compliance with the terms of this Subgrant Agreement, inspect and reject services, approve invoices for payment, and act otherwise for the State. B. Subgrantee: Rob Janusz Parks Superintendent Town of Avon PO Box 975 Avon, CO 81620 Phone: 970 - 748 -4105 Email: r'anusz avon.or 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Subgrantee in the performance of its obligations under this Subgrant Agreement shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Subgrantee upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Subgrantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Subgrantees's obligations hereunder without the prior written consent of the State. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24 -30 -1501, et seq., as amended. 19. STATEWIDE GRANT MANAGEMENT SYSTEM If the maximum amount payable to Subgrantee under this Subgrant Agreement is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Subgrantee agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24- 102 -206, §24- 103 -601, §24- 103.5 -101 and §24- 105 -102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Grant management system. Subgrantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Subgrant Agreement, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Subgrantee's performance shall be part of the normal Grant administration process and Subgrantee's performance will be systematically recorded in the statewide Grant Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Subgrantee's obligations under this Subgrant Agreement shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Subgrantee's obligations. Such performance information shall be entered into the statewide Grant Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Subgrant Agreement term. Subgrantee shall be Page 11 of 18 notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Subgrantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the DOW, and showing of good cause, may debar Subgrantee and prohibit Subgrantee from bidding on future Grants. Subgrantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24- 105 - 102(6)), or (b) under CRS §24- 105 - 102(6), exercising the debarment protest and appeal rights provided in CRS § §24- 109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Subgrantee, by the Executive Director, upon showing of good cause. 20. GENERAL PROVISIONS A. Assignment and SubGrants Subgrantee's rights and obligations hereunder are personal and may not be transferred, assigned or subGranted without the prior, written consent of the State. Any attempt at assignment, transfer, subGranting without such consent shall be void. All assignments, subGrants, or Subcontractors approved by Subgrantee or the State are subject to all of the provisions hereof. Subgrantee shall be solely responsible for all aspects of subGranting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Subgrant Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Subgrant Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Subgrant Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or affect whatsoever, unless embodied herein. F. Indemnification - General Subgrantee 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 and related costs, incurred as a result of any act or omission by Subgrantee, or its employees, agents, Subcontractors, or assignees pursuant to the terms of this Subgrant Agreement; however, the provions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdction and Venue All suits, actions, or proceedings related to this Subgrant Agreement shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification, Amendment, and Budget Changes i. Modifications This Subgrant Agreement is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Subgrant Agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this Subgrant Agreement shall be effective unless agreed to in writing by both parties in an amendment to this Subgrant Agreement that is properly executed and approved in accordance with applicable law. ii. Subgrantee Requests for Project Modifications The Subgrantee shall notify the State Coordinator, in writing, of any proposed Project modifications or budget changes in the project as soon as possible, but at least 45 days prior to the expiration of the Grant Performance Period. The State's Coordinator shall determine if it is necessary to submit a Page 12 of 18 request for a grant amendment with the Federal awarding agency. An amendment must be submitted to obtain the Federal awarding agency's prior approval for: a) Adding or deleting a project from the list; b) Increasing or decreasing the Federal funds obligated on the Federal Grant Agreement; c) Revising the rate of Federal participation shown on the Federal Grant Agreement; d) Modifying the Federal Grant Agreement period; or e) Any change to the Federal Grant or Subgrant Agreements. Any such amendment shall also be processed as an amendment to the Subgrant Agreement, pursuant to State Fiscal Rules and Policies. iii. Budget Changes Budget Changes. Unless waived by the Federal awarding agency, certain types of post -award changes in budgets and projects shall require the prior written approval of the Federal awarding agency. Changes shall also be governed, as applicable, by the federal regulations in 43 CFR 12.70, as well as the State Fiscal Rules and Policies. I. Order of Precedence The provisions of this Subgrant Agreement shall govern the relationship of the State and Subgrantee. In the event of conflicts or inconsistencies between this Subgrant Agreement and its exhibits and attachments including, but not limtied to, those provided by Subgrantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: L Colorado Special Provisions, ii. The provisions of the main body of this Subgrant Agreement, iii. Exhibit A, iv. Exhibit B, v. Exhibits C -1 through C -4, vi. Exhibit E, vii. Exhibit D. J. Severability Provided this Subgrant Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Subgrant Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Subgrantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84- 730123K) and from all State and local government sales and use taxes under CRS § §39 -26 -101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Subgrantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Subgrantee for them. M. Third Party Beneficiaries Enforcement of this Subgrant Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Subgrant Agreement are incidental to the Subgrant Agreement, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Subgrant Agreement, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. 21. FEDERAL AUDIT PROVISIONS A. Grantee shall comply with the Office of Management and Budgets (OMB) Circular No. A -133 Audits of States, Local Governments, and Non - Profit Organizations which defines audit requirements under the Single Audit Act of 1996 (Public Law 104 -156). Page 13 of 18 B. All state and local governments and non - profit organizations expending $500,000 or more from ail sources (direct or from pass- through entities) are required to comply with the provisions of OMB Circular No. A -133. This Circular also requires pass- through entities to monitor the activities of subrecipients and ensure that subrecipients meet the audit requirements. To identify its pass- through responsibilities, the State of Colorado requires all subrecipients to notify the State when expected or actual expenditures of federal assistance from all sources equal or exceed $500,000. 22. GRANT ASSURANCES This Subgrant Agreement involves the expenditure of federal funds. Therefore, Grantee shall at all times during the execution of this Subgrant Agreement strictly adhere to and comply with all applicable federal laws and regulations, as they currently exist and may hereafter be amended, which are subject to the terms and conditions incorporated either directly or by reference in this Subgrant Agreement. Grantee shall also require compliance with these statutes and regulations in subcontractor grant agreements permitted under this Subgrant Agreement. The federal laws and regulations are accessible on the internet at: http:// training. fws .gov /fedaid /toolkit/tooIkit.pdf and include but are not limited to: • Program Legislation /regulation. • Code of Federal Regulation /Regulatory Requirements of 43 CFR 12, as applicable. • Special terms and provisions specified in the Notice of Federal Financial Assistance Grant Award. • Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60). [All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees] • The Copeland "Anti- Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR Part 3). [All contracts and subgrants for construction or repair in excess of $2,000] • Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5). [Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers] • Standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h), Section 508 of the Clean Water Act (33 USC 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). [contracts, subcontracts, and subgrants of amounts in excess of $100,000] • Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163). • Office of Management and Budget Circulars 2 CFR Parts 215 and 220 (formally A -21), 2 CFR 225 (formally A -87), 2 CFR 215 (formally A -110), 2 CFR 230 (formally A -122) and A -133, as applicable. • The Hatch Act (5 USC 1501 -1508) and Public Law 95 -454, Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally- assisted programs. • USC 6101 et seq., 42 USC 2000d, 29 USC 794, and implementing regulation, 45 CFR Part 80 et seq. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds. • The Americans with Disabilities Act (Public Law 101 -336; 42 USC 12101, 12102, 12111- 12117, 12131- 12134, 12141 - 12150, 12161- 12165, 12181 - 12189, 12201 - 12213, 47 USC 225 and 47 USC 611. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91- 646, as amended and Public Law 100 -17, 101 Stat. 246 -256). [If the Subgrantee is acquiring real property and displacing households or businesses in the performance of this contract] • The Drug -Free Workplace Act (Public Law 100 -690 Title V, subtitle D, 41 USC 701 et seq.). • The Age Discrimination Act of 1975, 42 USC Sections 6101 et seq. and its implementing regulation, 45 CFR Part 91. • Section 504 of the Rehabilitation Act of 1973, 29 USC 794, as amended, and implementing regulation 45 CFR Part 84. • Title IX of the Education Amendments of 1972 • Executive Order 11987, Exotic Organisms Page 14 of 18 • Endangered Species Act of 1973 • National Environmental Policy Act of 1969 (NEPA) • Floodplains and Wetlands Protection • Animal Welfare Act of 1985 • National Historic Preservation Act of 1966 • Debarment and Suspension: (1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986; and (2) Department of Interior Rules, Government wide Debarment and Suspension (Nonprocurement), 43 CFR 42 • Restrictions on Lobbying (1) (P.L. 101 -121), (2) 43 CFR 18 • Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. • Civil Rights Assurance The undersigned is subject to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and offers all persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be turned away from or otherwise denied access to or benefit from any program or activity that is directly associated with a program of the RECIPIENT on the basis of race, color, national origin, age, sex (in education activities) or disability. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 15 of 18 23. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Grants except where noted in italics. A. 1. CONTROLLER'S APPROVAL. CRS §24 -30 -202 (1). This Subgrant Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. 2. FUND AVAILABILITY. CRS §24 -30- 202(5.5). 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. C. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Subgrant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended. D. 4. INDEPENDENT CONTRACTOR Subgrantee shall perform its duties hereunder as an independent Subgrantee and not as an employee. Neither Subgrantee nor any agent or employee of Subgrantee shall be deemed to be an agent or employee of the State. Subgrantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Subgrantee or any of its agents or employees. Unemployment insurance benefits shall be available to Subgrantee and its employees and agents only if such coverage is made available by Subgrantee or a third party. Subgrantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Subgrant Agreement. Subgrantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein. Subgrantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. 5. COMPLIANCE WITH LAW. Subgrantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Subgrant Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this Subgrant Agreement, to the extent capable of execution. G. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra - judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. H. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Subgrant Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Subgrantee hereby certifies and warrants that, during the term of this Subgrant Agreement and any extensions, Subgrantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Subgrantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Subgrant Agreement, including, without limitation, immediate termination of this Subgrant Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. 1. 9. EMPLOYEE FINANCIAL INTEREST. CRS § §24 -18 -201 and 24 -50 -507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Subgrant Agreement. Subgrantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Subgrantee's services and Subgrantee shall not employ�any person having such known interests. Page 16'of 18 J. 10. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24 -30- 202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. 11. PUBLIC GRANTS FOR SERVICES. CRS §8- 17.5 -101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] Subgrantee certifies, warrants, and agrees that it does not knowingly employ or Grant with an illegal alien who shall perform work under this Subgrant Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Subgrant Agreement, through participation in the E- Verify Program or the State program established pursuant to CRS §8- 17.5- 102(5)(c), Subgrantee shall not knowingly employ or Grant with an illegal alien to perform work under this Subgrant Agreement or enter into a Grant with a Subcontractor that fails to certify to Subgrantee that the Subcontractor shall not knowingly employ or Grant with an illegal alien to perform work under this Subgrant Agreement. Subgrantee (a) shall not use E- Verify Program or State program procedures to undertake pre - employment screening of job applicants while this Subgrant Agreement is being performed, (b) shall notify the Subcontractor and the Granting State agency within three days if Subgrantee has actual knowledge that a Subcontractor is employing or Granting with an illegal alien for work under this Subgrant Agreement, (c) shall terminate the subGrant if a Subcontractor does not stop employing or Granting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5- 102(5), by the Colorado Department of Labor and Employment. If Subgrantee participates in the State program, Subgrantee shall deliver to the Granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subgrantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Subgrantee fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the Granting State agency, institution of higher education or political subdivision may terminate this Subgrant Agreement for breach and, if so terminated, Subgrantee shall be liable for damages. L. 12. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Subgrantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this Subgrant Agreement. SPs Effective 111109 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 17 of 18 DOW File No. FIF- 1659 -10 Routing No. 9931 THE PARTIES HERETO HAVE EXECUTED THIS SUBGRANT AGREEMENT * Persons signing for Subgrantee hereby swear and affirm that they are authorized to act on Subgrantee's behalf and acknowledge that the State is relying on their representations to that effect. SUBGRANTEE Town of Avon STATE OF COLORADO Bill Ritter, Jr. GOVERNOR Department of Natural Resources Division of Wildlife �. ✓ 1 4 (f6Q Ja . Martin, Executive Director Date � /I / D LEGAL REVIEW John W. Suthers, Attorney General By Signature — Assistant Attorney General Date ALL SUBGRANT AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS 24 -30 -202 requires the State Controller to approve all State Grants. This Subgrant Agreement is not valid until signed and dated below by the State Controller or delegate. Subgrantee is not authorized to begin performance until such time. If Subgrantee begins performing prior thereto, the State of Colorado is not obligated to pay Subgrantee for such performance or for any goods and /or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By C— Dianne Stump, DNR Controller J Date 4— IQ r1 o Page 18 of 18 EXHIBIT A Project Narrative STATE: Colorado PROJECT: F -555 -D PROJECT TITLE: Nottingham Lake Pier —Avon NEED: Nottingham Lake is a popular 17 -acre man -made lake located in the heart of Avon. The Division of Wildlife currently stocks Nottingham Lake with rainbow, brook and cutthroat trout. Fishing takes place year -round on the lake, including ice fishing. Warmer weather access includes shoreline fishing and non - motorized boat fishing. A small fishing pier exists on the lake presently, but it extends only a small amount into the lake. The lake hosts angler education classes and other fishing events. The proposed project will install an ADA- compliant fishing pier on the lake, significantly increasing angler access to deeper waters in the lake. This will increase angling recreation opportunities on the lake and angler satisfaction. OBJECTIVES: The following improvements will be completed no later than the Project Completion end date of December 31, 2011: • Install a new 60 -foot long fishing pier, with a 40 -foot wide T- section, on Nottingham Lake. EXPECTED BENEFITS: Installation of a new fishing pier will expand angling opportunities for many anglers who previously only had shoreline access to the lake. The pier will extend 60 feet into the lake, opening up fishing to deeper waters. The pier will also be a noticeable structure at a popular and heavily -used lake close to the center of town and surrounded by residential areas. The Town currently runs an angler education program, and plans to expand it with the completion of the new fishing pier. APPROACH: Design work for the fishing pier has largely been completed. The expectation on the part of the town is that a private contractor will be hired to install the pier pilings and the fishing pier. The pier will be ADA- compliant. The pier will be built on pilings, which will require a drop in the water level for the lake. The timing of the work may depend in part on additional work to be done on the lake (spillway and shoreline repairs), but which is outside the scope of this project. When completed, the fishing pier will extend 60 feet into the lake, and have a 40 -foot T- section to allow more angling usage. LOCATION: Nottingham Lake is located in the town of Avon. A map showing the lake's location is attached. PROJECT COSTS: Total project costs are estimated to be $160,000. Of this amount, the Town of Avon will provide $58,300 (36% of project costs). The remaining $101,700 (64% of project costs) is requested in Sport Fish Restoration Program funds. A more detailed budget is attached. Pre - Agreement Costs The project sponsor may request up to $ 95,000 in pre - agreement costs related to design and engineering work. The project sponsor understands that all such costs are subject to review and approval by the USFWS, must be properly documented, and must be consistent with the project as described in the application. Exhibit A - Page 1 of 8 PERSONNEL: Jim Guthrie Colorado Division of Wildlife 303 -291 -7563 Bill Andree Colorado Division of Wildlife 970- 947 -2932 Rob Janusz Avon Parks Superintendent 970 - 748 -4105 MAINTENANCE: Future maintenance costs associated with the pier will be budgeted for and covered by the Town of Avon's Parks Department. LAND CONTROL: No land control issues are associated with this project. The property is owned in fee title by the project sponsor. Exhibit A - Page 2 of 8 R6 ¢* s United States Department of the Interior FISH AND WILDLIFE SERVICE Mountain- Prairie Region INPIMYRMRTO: MAILING ADDRESS: STREET LOCATION: FWS/R6/WSFR Post Office Box 25486 134 Union Blvd. Denver Federal Center Lakewood, Colorado 80228 'DEC 2 2009 Denver, Colorado 80225 -0486 Paula Nicholas, Federal Assistance Coordinator Colorado Division of Wildlife 6060 Broadway Denver, Colorado 80216 Dear Ms. Nicholas: The enclosed Application for Federal Assistance for Grant Agreement #F- 558 -D -1, Amendment #0 titled Nottingham Lake Pier - Avon is approved effective December 10, 2009, with a total Federal share in the amount of $101,700.00. The performance period of this grant award is December 10, 2009, through December 31, 2011. Please note that acceptance of a Federal Financial grant award from the Department of the Interior carries with it the responsibility to be aware of and comply with the standard and special terms and conditions in Enclosure 1 to this letter. If you have any questions regarding this grant award, please contact Otto Jose or me at (303) 236 -8156. Sincerely, C� David McGillivary Chief, Division of Wildlife and Sport Fish Restoration Enclosure(s) cc: Jim Guthrie, Program Administrator �_ Exhibit A = Page 3 of 8 Enclosure 1 Colorado F- 558 -D -1 Amd. 0 Standard Terms and Conditions Acceptance of a Federal Financial Assistance award from the Department of the Interior (DOI) carries with it the responsibility to be aware of and comply with the terms and conditions of the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Grant awards are based on the grant application submitted to, and as approved by the DOI and are subject to the terms and conditions incorporated either directly or by reference in the following: • Program legislationtregulation. • Special terms and provisions specified in the Notice of Federal Financial Assistance Grant Award. • Code of Federal Regulations/Regulatory Requirements below, as applicable: 43 CFR 12(A) Administrative and Audit Requirements and Cost Principles for Assistance Programs 43 CFR 12(E) Buy American Requirements for Assistance Programs 43 CFR 12(C) Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 43 CFR 12(F) Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher education, Hospitals, other Nan -Prof t and Commercial Organizations ' 43 CFR 43 Government wide Requirements for a Drug -Free Workplace 43 CFR 42 Government wide Debarment and Suspension (Non- procurement) 43 CFR 18 New Restrictions on Lobbying These Codes of Federal Regulation (CFR) are accessible on the internet at: http: / /www.doi .gov /pam/TermsandConditions.html • Interim Guidance for Financial Status and Performance Reporting at: http: / /wsfrprograms.fws. gov /subpages /`toolkitfiles /intgdrpt.pdf Exhibit A - Page 4 of 8 Enclosure 1 (continued) Colorado F- 558 -D -1 Amd. 0 Special Terms and Conditions EFFECTIVE DATE AND PRE -AWARD COSTS All costs for work herein incurred by the grantee prior to the effective date are not eligible for reimbursement except for these pre -award costs: Design and Engineering work: $15,000.00. COST ACCOUNTING Cost accounting for this grant award shall be at the grant award level. REPORTS The U.S. Fish and Wildlife Service must receive: (a) annual interim Federal Financial Reports (SF -425) and annual interim Performance Reports in accordance with Region 6, "Guidance for Implementation of New Interim Report End and Due Dates" dated October 6, 2009; and (b) a final Performance Report and final Federal Financial Report (SF -425) no later than 90 days after the end date of the grant award or termination of grant support. Exhibit A - Page 5 of 8 15 S TATE COPY Version 7103 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre - application 4. DATE RECEIVED BY FEDERAL AGENCY c 2 G 2009 Federal identifier ® Construction ❑ Construction ❑ Non -Cons on N Non-Constru NOV 5. APPLICANT INFORMATION Legal Name: Colorado Division of Wildlife Organizational Unit: Department: Natural Resources Organizational DUNS: 879015899 Division: Wildlife- Address: Name and telephone number of person to be contacted on matters involving this application (give area code Street Prefix: Mr. First Nom: James 6060 Broadway C am' Denver Middle Name M• County. Adams Last Name Guthrie State: Co' ZP Code 80216 Suffix: Country: Email: jim.guthrie @state.co.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (glue area code) ®� ©a0000a -/ (303) 291 -7563 (303) 291 -7106 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) N New ❑ Continuation ❑ Revision A. State Revision, enter appropriate letter(s) In box(es) See back of form for description of letters.) ❑ Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Interior, Fish and Wildlife Service Other (specify) 1o. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Q[s — ©[0E5 Nottingham Lake Pier -- Avon TITLE (Name of Program): Sport Fish Restoration Program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Avon, CO Eagle County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: 12/10/2009 Ending Date: 12/31/2011 a. Applicant , First b. Protect Second 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE O RDER 12372 PROCESS? a- Federal 101,700.00 PREAPPLICATIONIAPPLICATiON WAS MADE a. Yes. El AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 AVAILABLE PROCESS FOR REVIEW ON IT Applicant DATE: b. No. ❑ PROGRAM IS NOT COVERED BY E. O. 12372 c. State 58,300.00 d. Local OR PROGRAM HAS NOT BEEN SELECTED BY STATE e- Other FOR REVIEW f. Program Income 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL 160,000,001 ❑ Yes If "Yes" attach an explanation. No 16. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATTON ARE TRUE AND CORRECT. THE D OCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE A TTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Re resentative Prefix First Name fiddle Name M. M James Last Name Guthrie affix Titre Financial Initiatives Program Manager Tele 303 p hone 2 Number (glue area code) 91 -7563 J. Signature of Authorized Representative Date Signed 1 14k L49 / Previous Edition Usable U Authorized for Local Reproduction Prescribed by OMB Circular A -102 'pproved Efft3Cttve DEC 14 2009 tr, 1'ri C7 2 C'D O N 0 O W Exhibit A - Page 6 of 8 W 00. 74 -NON C11 � 5 N 00 Ln Y . CD 04 0 t. uj a.- r l X , U.. ' I i I rl t W-Fam Exhibit A - Page 7 of 8 7� (D u)-. 4— X , U.. ' I i I rl t W-Fam Exhibit A - Page 7 of 8 �a • f dv a'z ' F § • k i h #: 3 5 '# 111111 �a • a'z ' '# 111111 MI F 1111111® .\ 1 gj BY EXHIBIT B Budget Nottingham Lake Pier —Avon Item Matching Funds (36 %) Federal Share (64 %) Total Cost (100 %) Fishing pier $43,300 $101,700 $145,000 Design and engineering $15,000 -0- $15,000 TOTAL 1 $58,300 $101,700 $160,000 Pre - Agreement Costs The project sponsor may request up to $15,000 in pre- agreement costs related to design and engineering work. The project sponsor understands that all such costs are subject to review and approval by the USFWS, must be properly documented, and must be consistent with the project as described in the application. Exhibit B — Page 1 of 1 EXHIBIT C -1 PROJECT DOCUMENTATION REPORT TYPES OF DOCUMENTATION REQUIRED FOR REIMBURSEMENT REQUESTS: 1. One fully itemized expenditure work sheet (see Exhibit C -2 for an example) to which the following certification must be included and signed: "This itemization reflects only those items eligible for reimbursement as described in the Subgrant Agreement." 2. Copies of purchase order, invoices, receipts, etc. for all expenditures listed on the itemized work sheet. rInvoices must indicate the items and amounts that apply to the project. This is particularly important for invoices that include items or work for projects outside the scope of the Fishing Is Fun project. 3. Copies of cancelled checks (front and back) for the invoices. The Fishing Is Fun program is a reimbursement program, so the program coordinator needs to be able to document that payment has been made for the items used as match and for which reimbursement is requested. 4. A signed copy of the Request for Reimbursement form (Exhibit C -3). 5. If subcontractors are used in the performance of the project, all related documentation of a competitive bid process to include, but not necessarily limited to, copies of bid notices, requests for proposals, bid tabulation sheet, etc. a. For municipalities, in place of the above, a certification is required that verifies use and compliance with its own bid process and rules. 6. If the project involves labor and equipment provided from in -house sources (e.g. county road crews, public works department crews), documentation of the normal hourly wage or usage rates is required. The times in which the labor and /or equipment was used on the Fishing Is Fun project should be clearly noted. 7. When requesting PARTIAL reimbursement, documentation must be provided for in -kind, donated or cash match at the overall cost share rate of the project. 8. For the FINAL reimbursement request, include one copy of the as -built site plan with the following features: a. Location and identification of all facilities which were installed or constructed under the Fishing Is Fun project. b. Project title and number and date of preparation of the site plan. c. Project boundaries. In most cases the project boundary is the same as the property boundary. d. Identification and location of all overhead utility and /or telephone lines and any other known outstanding rights, easements or other interests in the property which are held by others. If there are none, then the following statement should be printed on the site plan: "There are no known outstanding rights, easements or other interests in the property which are held by others." Exhibit C -1 Page 1 of 1 N U E-H x � X W Q C C C7 N LL z Y CIA n 00 o O � H t� 00 o U w Q U ou zo Q h CIO uz o z � � W M W Q U as as Y bIj O 0 O Q O 0 O U va O O v, o M 69 N O y N EA 69 Y W � o to � CD 0 0 O o 0 00 b z Q �' Q GS W H W z a H o v ; U, U V2 ti ° M Cl) (6S Cl) u o 4�oq GS a a w O N O N O kn 69 69 4. N U E-H x � X W U L: d V t4 w 0 a N U W C C C7 N LL z Y O � U Q Q h CIO U L: d V t4 w 0 a N U W EXHIBIT C -3 REQUEST FOR REIMBURSEMENT Project Name: Subgrantee: Date Prepared Subgrant Agreement No. FIP- Encumbrance No. C108 Address Request No. Subgrant Amount $ / % of total project Match Amount $ / % of total project Work Period: to Total Contract Description of Reimbursable Previously This Request To Date Amounts by Work Item Requested 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) Net Earned Payment $ Less Previous Payment Net Payment This Request $ $ $ $ %Time Elapsed % Work Completed Project Status: Notice to Proceed Date: Original Project Completion Date: Amended Project Completion Date: (if applicable) PROJECT SPONSOR USE DOW USE ONLY Prepared by (Signature) Administrative Review Verified amounts Project Coordinator Phone: Reimbursable expenses Project Coordinator email: Matching expenses DOW USE ONLY Approved by: (Person with financial responsibility) Approved by (Signature and Title) (Signature and Title) OR Subgrantee: (Same as signature on Subgrant Agreement) Exhibit C -3 Page I of I page EXHIBIT C -4 REPORT OF SUBGRANT AGREEMENT PERFORMANCE FISHING IS FUN Date: Project Name: Contract Encumbrance No. C108 Subgrantee: Address: Phone: Project Coordinator 100 90 a) Q 80 0 70 U 60 0 50 40 0 = 30 v 20 d 10 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Elapsed Contract Time in Months 21 22 23 24 Starting Official Date: Actual Completion Official Actual Date: Time Extension Approved: # of days Reason: Total Extension Accumulated: # of days # of Change Approved Pending Orders: Percent of Work Completed: Percent of Time Ela sed: Description of completed work Signature Project Coordinator WFISHING IS FUNMSample Contract Exhibits \EXHIBIT C-4 Exhibit D FISHING IS FUN Annual Report Project Name Subgrant Agreement No. FIF- Sponsor Notice to Proceed Date: Address Final Inspection Acceptance Date: Telephone Useful Life Date: (20 years beyond Final Inspection Acceptance Date) * = Satisfactory ** =Unsatisfactory Description of Contract Features (attach separate sheet if necessary) Operating Condition * or * * Maintenance Needed (List) Replacement Needed (List) Credit Signage * or Submitted by: Signature /Title Regional Approval: Signature /Title Date: Date Verified: Exhibit D Page 1 of 1 page 4-J a) Q) � � bn . C: � U � � � � � � � � � � � � � � Ul / 3 E 2 \ � t a) E z / � � . 4-J \& \� \� . � 00 0 \Z � \$ £c \o� \D \\ \� \O \& ?CL \� \6 \\ \� 2c \txo \� \6 � \: \K \ <m \� / 3 § \ \ 7 % � $ \ : � \ tio LU \ W F- m X W in a O V L iJ a-+ 47 s N V fQ L H H ^ W �J to Q .s h m C N c a+ •E i C v- O C bA O Y E bo y Q E C O O O L 2 Z a C O O c�a Q! O Q '6 p L L to '� C C O (B > L Q c > U U O 3 C Q >' Y °n ra Q (6 L Q Y 'Y to U Y C E m E U C O w Y L L1 L Q C U — Y Q Q C •� Q N OL N Q Y M N U -C Q Y Y /0 C CCC �O O u L O + O — , O f6 U U d C v- Q C O 'o p O Y Q j t6 4- O L Q L U Q O Y Q +� > m L Y Q C: 01 = L N •L O U v .1 4 �O o Q a C Q u U O v CL v O u O 4' O O C > • � m p cu L m �_ ti U -C Y m O Y ' Q U L to p Y O E N U C 0 + Q M O L Q M Q "a O C C L Q. Q U y [a Cl) C h0 'tn Q O p N U O Q L O Q N w Q Y O Q L t U m Q Q1 Q Y ...Q • L Q Y Q Q Q. m N L Q {r - 0 Q - 0 Q CU m t E Q n O m O Y— L N N + C V o 4- O > C M M U .� N Y L m U C Q 0 O to L 4 Cj Q1 4 Q ' L Y = Q (0 co U O O Q O O o N > O + n O > Y O a0 co Y C Q o 41 Q (n C L C QJ 4- O Q7 Q 41 O R 4 Y L t . Y Y Q O Q1 L Q f- L U Q 0 Y V Q C C Q N c cu N E O N U O > L Q L Q Q Q C O 3 c o o to 0 qA Ln C Q G — � C O T i v_ = Q1 > (31 O O p CO a1 C L :3 Q Y E C N O Q 3 Y H F f 7 Y � Q Y Y Co C T N Q C Q O Y O> H V) o O C CL X Q Q) Q Va Ln Y Q N t Q E) U m N F- F- � Q m � c a+ O Q O C Y E bo Q a o p c�a Q > C C O (B L Q c > U U O 3 C Q Q Y Y_ O Q ' Q" •C C Vn U cu 0 Q bz Y Q t Y M t Y y f6 L Y Q � c O Q 0 " Y U Y � U U — 'O L to L Q i C C 0 Q 01 � O U v .1 4 U C � Y L N hA O L ,� O p U v O � p cu L I }' Q v O ' C n Y N u Q N LI N Y (6 i- O T bo O N Q1 o - pp w O E Y v o Q L Q. O O O L - F Q Q t N L N t Y U O C� .+U_+ U Q e 4-1 C O N 3 0 o u� C L Y Q n O Y N Q - C E X Ne CU Q) Q L > 41 Q (n C L C QJ 4- O fl Q v t C -0 Q tn Q O Y p Y C Ln ` C to j O p -0 C1tJ '� qA Ln C Q G 3 N •L Ln O _0 @ 0 Y O L O Q O Q E O N O Q 3 E O C t C O C > i 't-' Q v p C co Y N O 'It cc T N -9-- Cam' Y C N -C to Y Y .� Q cu F_ F- v o ° N bO _ o y j c0 O� Q C Co U I O Q R o i L U O T U O v C O � � � � C L O aj E OA L O L � N 4.n "O m C Z Q to Q H Q t m -i U U.. O Q1 OL Q Q Q O a tT -Fu O L.L > c� ci N M d' N 0 N N OA d W