TC Res. No. 2011-03 Approving the grant agreement between the TOATOWN OF AVON
RESOLUTION 11 -03
Series of 2011
A RESOLUTION APPROVING THE GRANT AGREEMENT BETWEEN THE TOWN
OF AVON AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO
TRUST FUND FOR LOCAL PARKS AND OUTDOOR RECREATION SPECIAL
OPPORTUNITY GRANT 11119 FOR THE EAGLE VALLEY TRAIL BRIDGE OVER
THE EAGLE RIVER AT AVON ROAD
WHEREAS, the Town of Avon applied for a Local Parks and Outdoor Recreation (LPOR)
Special Opportunity Grant from the State Board of Great Outdoors Colorado (GOCO) during the
Fall 2010 grant cycle; and
WHEREAS, the Town of Avon was awarded four hundred and ninety seven thousand dollars
($497,000) on December 8, 2010 from GOCO to fund the Eagle Valley Trail Bridge over the
Eagle River at Avon Road, subject to execution of the Grant Agreement, attached hereto as
Exhibit A; and
WHEREAS, the Town of Avon supports the completion of the Eagle Valley Trail Bridge over
the Eagle River at Avon Road as a portion of the Eagle Valley Trail.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON THAT:
1. The Town Council of the Town of Avon hereby approves the Grant Agreement with Great
Outdoors Colorado and authorizes the Mayor to sign the Grant Agreement with Great
Outdoors Colorado, attached hereto as Exhibit A.
2. The Town Council of the Town of Avon hereby authorizes the expenditure of funds as
necessary to meet the terms and obligations of the grant agreement and application.
ACCEPTE ' OVED AND ADOPTED March 22, 2011.
Of A�pN
AVO N COU
:SEAL.
By:
• p Rich Carroll, Mayor
[Seal] COLORP
Attest
• Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Assistant Town Manager
From: Justin Hildreth, P.E., Town Engineer
Jeffrey Schneider, P.E., Project Engineer
Date: March 16, 2011
Re: Resolution No. 11 -03, Series of 2011,
Agreement Between the Town of Avon
A Resolution
and the Stat e
Parks and
Outdoors Colorado Trust Fund for Local
Special Opportunity Grant 11119 for the Eagle Valley
Eagle River at Avon Road
Initials
Approving the Grant
Board of the Great
Outdoor Recreation
Trail Bridge over the
Summary: Last year, the Town of Avon and the Eagle County were awarded a GOCO grant to
assist with a coordinated construction project to complete a portion of the Eagle Valley Trail (ECO
Trail) that runs through both jurisdictions. The Town Council will need to approve the grant
agreement with the State Board of the Great Outdoors Colorado, as set forth in Resolution 11 -03,
Series 2011, a Resolution Approving the Grant Agreement Between the Town of Avon and the State
Board of the Great Outdoors Colorado (GOCO) Trust Fund for Local Parks and Outdoor Recreation
(LPOR) Special Opportunity Grant 11119 for the Eagle Valley Trail Bridge over the Eagle River at
Avon Road.
• The Town of Avon was awarded $497,000 during the competitive Fall 2010 grant cycle to continue
the Eagle Valley Core Trail along the US Highway 6 corridor via a bridge to be located immediately
east of Bob the Bridge at Avon Road. ECO Trails of Eagle County is a critical partner in the project,
which also includes a portion of the Eagle Valley Trail along U.S. Highway 6. Resolution No. 11 -03
authorizes the Town to enter into the Grant Agreement, attached as Exhibit A to Resolution 11 -03.
Staff recommends approval of Resolution No. 11 -03, Series of 2011. The Intergovernmental
Agreement with Eagle County governing the design and construction partnership is also under
consideration at this meeting.
Previous Council Action: The following is a list of previous Council actions related to the Eagle
Valley Trail project:
• April 13, 2010 —Town Council adopted Resolution 10 -13, which supported the Town of Avon
and ECO Trails of Eagle County's application for CDOT Enhancement Grant Funding to
construct a portion of the Eagle Valley Trail along U.S. Highway 6
• August 10, 2010 — Town Council adopted Resolution 10 -19, which supported the Town of
Avon's GOCO LPOR Special Opportunity Grant application for the Eagle Valley Trail Bridge
over the Eagle River at Avon Road
• November 23, 2010 — Town Council adopted Resolution 10 -25, which approved the Long
Range Capital Program and adopted the 2011 Capital Projects Fund Budget
Project Background: The Town of Avon values non - automobile transportation and the expansion
• of such infrastructure. This notion is reinforced in plans and documents such as the 2006
Comprehensive Plan, the 2009 Comprehensive Transportation Plan, and the 2001 Eagle Valley
Resolution 11 -03
March 22, 2011
Page 2 of 4 •
Regional Trails Plan. The latter document, the 2001 Eagle Valley Regional Trails Plan,
recommended extending the trail through the Village at Avon to Dowd Junction, but the lack of
development has left Town and County staff seeking alternate alignments. Collaboratively, Town
and County Staff have partnered to find a creative solution for the residents and guests of Avon and
the entire valley for transportation and recreation by targeting the US Highway 6 corridor.
The Eagle Valley Trail continuation project was divided into three phases for the purposes of seeking
grant funding: Phase 1 from Avon Road to Post Boulevard, Phase 2 from Post Boulevard to the
Eagle Vail Interstate 70 interchange, and Phase 3, which is the bridge over the Eagle River. Phase
1 is located largely within the Town of Avon boundary and was the focal point of a successful CDOT
Enhancement Grant application, awarding the Town approximately $355,000. Phase 2 is also
eligible for additional CDOT grant funding but is currently funded by ECO Trails of Eagle County.
Figure 1 below shows an overview of the proposed Core Trail project in its entirety.
Figure 1 — Eagle Valley Trail Connection
Phase 3 of the project is the proposed bridge over the Eagle River. The bridge is to be located
immediately east of Bob the Bridge and Avon Road and will be designed so that users can avoid one
of the tight, technical switchbacks currently located east of Avon Road. The bridge will be wider than
the recreation trail, functioning as a kayak park viewing area as well as transportation infrastructure.
The bridge project will also be partially funded by ECO Trails of Eagle County. Figure 2 below
shows the conceptual bridge alignment (note that Option 2 is no longer being considered).
• Page 2
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Figure 2 — Bridge Area
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Resolution 11 -03
March 22, 2011
Page 3 of 4
Discussion: GOCO awarded the Town $497,000 to construct the Eagle Valley Trail Bridge over
the Eagle River on December 8, 2011. This project is one of 55 grants awarded in 32 counties by
GOCO for the Fall 2010 cycle, totaling over $24 million. GOCO received 108 total applications with
total requests exceeding $40 million.
Design and pre- construction permitting is expected to occur in 2011 with construction in 2012. The
design RFP process is under way and proposals are due March 23, 2011. Town and Eagle County
Staff will design, bid, and build all three phases of the proposed trail as one cohesive project. This
approach will result in the most seamless project between phases and will yield the best value in the
currently competitive bidding market.
The Grant Agreement included as Exhibit A to Resolution 11 -03 outlines the procedures the Town
must follow in order to receive the grant funding. Basically, the Town is required to report to GOCO
and request payments periodically during construction. Reporting typically involves submission of
approved invoices showing that GOCO funds were utilized to fund the actual bridge construction and
that no ineligible expenses request GOCO reimbursement. Final payment is subject to a final report
prepared by the Town. The Agreement requires project signage, public relations, and other
miscellaneous requirements. Requirements dictated by GOCO are far less stringent than those
required by Federal projects and are easily met with available Town resources. The Grant
Agreement has undergone Town Attorney legal review.
Financial Implications: Preliminary cost estimates for the bridge project total approximately
$710,000. Table 1 shows a conceptual cost breakdown of the bridge project pending receipt of
GOCO grant funding.
• Page 3
Resolution 11 -03
March 22, 2011
Page 4 of 4
Table 1 — Cost Breakdown
Project Phase Total Project - Avon Match* ECO Match Grant Award
Phase III (Bridge) $ 710,000 $ 93,000 $ 120,000 $ 497,000
* Note: The Avon match shown includes $16,000 of in -kind Avon staff time for construction
management. This amount is not reflected in the budget appropriation.
The 2011 Town of Avon Capital Improvements Program (CIP) Budget contains $30,000 in 2011 and
$300,000 in 2012 for design and construction of the Eagle Valley Trail. Discussions with ECO staff
led to $253,000 of the total $330,000 appropriation programmed for Phase I of the trail project. The
remaining $77,000 would then be leveraged, along with $120,000 of County funds, to construct the
Eagle River Bridge. Staff believes that pursuing the grant with the proposed funding allocation to be
the best use of limited funds to complete an important project with regional benefits.
Recommendation: Approve Resolution No. 11 -03, Series of 2011, a Resolution Approving the
Grant Agreement Between the Town of Avon and the State Board of the Great Outdoors Colorado
(GOCO) Trust Fund for Local Parks and Outdoor Recreation (LPOR) Special Opportunity Grant
11119 for the Eagle Valley Trail Bridge over the Eagle River at Avon Road.
Attachments:
Attachment A - Resolution No. 11 -03, Series of 2011
Town Manager Comments:
• Page 4
�J
is
ATTACHMENT A
•
TOWN OF AVON
RESOLUTION 11 -03
Series of 2011
A RESOLUTION APPROVING THE GRANT AGREEMENT BETWEEN THE TOWN
OF AVON AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO
TRUST FUND FOR LOCAL PARKS AND OUTDOOR RECREATION SPECIAL
OPPORTUNITY GRANT 11119 FOR THE EAGLE VALLEY TRAIL BRIDGE OVER
THE EAGLE RIVER AT AVON ROAD
WHEREAS, the Town of Avon applied for a Local Parks and Outdoor Recreation (LPOR)
Special Opportunity Grant from the State Board of Great Outdoors Colorado (GOCO) during the
Fall 2010 grant cycle; and
WHEREAS, the Town of Avon was awarded four hundred and ninety seven thousand dollars
($497,000) on December 8, 2010 from GOCO to fund the Eagle Valley Trail Bridge over the
Eagle River at Avon Road, subject to execution of the Grant Agreement, attached hereto as
Exhibit A; and
WHEREAS, the Town of Avon supports the completion of the Eagle Valley Trail Bridge over
the Eagle River at Avon Road as a portion of the Eagle Valley Trail.
• NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON THAT:
1. The Town Council of the Town of Avon hereby approves the Grant Agreement with Great
Outdoors Colorado and authorizes the Mayor to sign the Grant Agreement with Great
Outdoors Colorado, attached hereto as Exhibit A.
2. The Town Council of the Town of Avon hereby authorizes the expenditure of funds as
necessary to meet the terms and obligations of the grant agreement and application.
ACCEPTED, APPROVED AND ADOPTED March 22, 2011.
AVON TOWN COUNCIL
L-02
[Seal]
Attest:
• Patty McKenny, Town Clerk
Rich Carroll, Mayor
EXHIBIT A
GRANT AGREEMENT DATE: •
PROJECT:
Project Title: Eagle Valley Trail Bridge Over the Eagle River at Avon Road
a. Contract Number: 11119
b. Project Location:
Completion Date: December 8, 2013
PARTIES TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado Trust Fund
Address: 1600 Broadway, Suite 1650
Denver, CO 80202
Telephone: (303) 226 -4500
Facsimile: (303) 863 -7517
Grantee:
Town of Avon
Address:
400 Benchmark Rd.
Po Box 975
Avon, CO 81620
Contact Name:
Mr. Jeffrey Schneider •
Contact Title:
Engineer II
Telephone:
(970) 748 -4134
Facsimile:
(970) 748 -1958
E -mail :
jschneider @avon.org
RECITALS
A. The State Board of the Great Outdoors Colorado Trust Fund (referred to herein as
"GOCO" or the "Board ") is a political subdivision of the State of Colorado, created by Article
XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which
article appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs
the Board to invest those proceeds in the State's parks, wildlife, open space and recreational
resources.
B. In 1994, the Board created a statewide grant program, pursuant to which eligible
entities could apply for grants for local government parks and outdoor recreation projects to
which Grantee responded with a detailed application (the "Project Application ").
C. Grantee submitted a Project Application to the Board which contemplates the
execution of the project entitled and described above (the "Project "). The parties acknowledge •
that they have on file a complete copy of the Project Application.
• D. The Board approved Grantee's Project Application on December 8, 2010, subject
to the execution of a detailed grant agreement, and subject to the terms and conditions set forth
herein. The parties intend this agreement to be the detailed final grant agreement required by the
Board (the "Agreement ").
AGREEMENT
NOW, THEREFORE, in consideration of the parties' mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into the
terms of this Agreement.
2. Representations and Warranties of Grantee.
a. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and
has full and lawful authority to enter into, and comply with the terms of, this Agreement.
b. Grantee's governing body has authorized entering into this Agreement as evidenced by
the resolution attached hereto as Appendix A.
is C. Grantee warrants that it has good and sufficient title to the property or properties on
which the Project is to be located (the "Property "). GOCO may require Grantee to provide
evidence of its ownership of the Property and encumbrances against the Property satisfactory to
GOCO in GOCO's discretion prior to funding.
3. Grant and Project. Subject to the terms and conditions set forth in this Agreement, the
Board hereby awards to Grantee a sum not to exceed $497,000.00 (the "Grant "). The Grant shall
be used by Grantee solely to complete the Project, in substantial conformity with the final plans,
specifications, designs and uses approved by the Board.
4. Project Scope. Grantee shall not materially modify the Project or the Project budget
(attached hereto as Appendix B, the "Budget ") without the prior written approval of the
Executive Director of GOCO ( "Executive Director ") or the Executive Director's designee, such
approval to be in GOCO's sole discretion. Any material modification to the Project undertaken
without GOCO's prior written consent may be deemed a breach of this Agreement by GOCO,
entitling GOCO to all remedies available under this Agreement. If Grantee determines with
reasonable probability that the Project will not or cannot be completed as reflected in the Project
Application, Grantee will promptly so advise the Board, and cooperate in good faith to seek a
resolution before any further funds are advanced.
•
5. Grantee Efforts. Grantee shall complete the Project in a timely fashion, in a good and
workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the •
Project.
6. Completion Date. Grantee shall complete the Project and submit its Final Report no
later than December 8, 2013 (the "Completion Date ") which is three calendar years after the
Board's approval of the Project. Grantee may request an extension of the Completion Date in
compliance with GOCO's Overdue Grants Policy, a summary of which is attached as Appendix
C ( "Overdue Grants Policy "). If Grantee determines with reasonable probability that the Project
will not or cannot be completed by the Completion Date or any extended completion date,
Grantee will promptly so advise the Board, and cooperate in good faith to seek a resolution
before any further funds are advanced.
7. Matchinst Funds. Grantee shall obtain the matching cash and in -kind contributions for
the Project as reflected in the Budget and as required by GOCO policy, and shall provide such
evidence of the same as GOCO may require in its discretion from time -to -time.
8. Disbursement of Funds.
a. Advance Payment: If Grantee opts to receive a portion of the Grant funds prior to
beginning work on the Project (an "Advance Payment "), Grantee shall provide GOCO with a
copy of the fully- executed contract or contracts under which a substantial portion of the Project
will be completed. Such contract or contracts shall show the work and the cost of the work to be
completed. GOCO may, in its discretion, request additional documentation to support making an •
Advance Payment. An Advance Payment for Local Park and Outdoor Recreation Grants shall
not exceed 70% of the funds contracted for the Project or 50% of the Grant, whichever is less.
An Advance Payment for Mini Grants shall not exceed 75% of the funds contracted for the
Project or 50% of the Grant, whichever is less. An Advance Payment shall be considered a loan
until the Project is complete and Final Payment (as defined below) has been made. If Grantee
opts to receive an Advance Payment, it may not receive a Progress Payment (as defined below).
b. Progress Payment: If Grantee has opted to forego an Advance Payment and has opted to
receive a portion of the Grant funds after starting but prior to completing work on the Project (a
"Progress Payment "), Grantee shall provide GOCO with a progress report detailing expenditures
and progress made to date ( "Progress Report"). The Progress Report must be submitted using
GOCO's Progress Report form (available at www. ),oco.org or by contacting GOCO). GOCO
may, in its discretion, request additional documentation to support making a Progress Payment.
A Progress Payment for Local Park and Outdoor Recreation Grants shall not exceed 70% of the
funds expended to date for the Project or 50% of the Grant, whichever is less. A Progress
Payment for Mini Grants shall not exceed 75% of the funds expended to date for the Project or
50% of the Grant, whichever is less. A Progress Payment shall be considered a loan until the
Project is complete and Final Payment (as defined below) has been made. If Grantee received an
Advance Payment, it may not receive a Progress Payment.
C. Final Payment: Once the Project is complete, Grantee shall submit a final report to
GOCO detailing the accomplishments of and expenditures related to the Project (the "Final 40
Report"). The Project is "complete" when all facilities, trails or other improvements included in
• the Project have been built and are ready for their intended use. The Final Report must be
submitted using GOCO's Final Report form (available at www. Joco.org or by contacting
GOCO). GOCO may, in its discretion, request additional documentation before its approval of
the contents of the Final Report. Upon GOCO's review and approval of the Final Report, GOCO
shall pay the outstanding balance on the Grant (the "Final Payment "), subject to any reductions
contemplated by any provision of this Agreement.
9. Conditions for Disbursement of Funds. Except as provided in Paragraph 10 below, the
Grant is subject to the following requirements and conditions.
a. The Grant and all matching funds shall be used only for the cost of fixed assets, including
construction of new facilities, and enlargement or renovation of existing facilities. The Grant
and all matching funds may not be used to pay for maintenance costs, administrative costs (such
as salaries associated with administering the Grant, office supplies, telephone, or travel
expenses), non -fixed assets (such as athletic or maintenance equipment), or any other costs
deemed to be ineligible by the Board, at the Board's sole discretion. Notwithstanding the
foregoing, matching funds may include up to 50% of the total design, engineering and/or
architectural costs.
b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by
Grantee and supported by written documentation (receipts, bills, etc.). GOCO may, in its
discretion, depending on the nature of the Project, require documentation of mechanics lien
is waivers or waivers of claims to public project performance bonds as a precondition to any
disbursement under this Agreement.
C. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this
Agreement, no material modifications may be made to the Project. Material modifications to the
Project to which GOCO has not agreed may result in a reduction in the Grant. "Material
modifications" may include, but are not necessarily limited to, a reduction in the total cost of the
Project, a reduction in the size or number of recreational development components to be
constructed, changes to the nature of the recreational development components to be constructed,
or any other variance from the Project as presented in the Project Application. It is the sole
responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO
strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to
make any such modifications, however seemingly minor, to the Project.
10. Waiver. The Executive Director or the Executive Director's designee may in such
person's discretion, waive or agree to modify one or more of the obligations in sections 8, 9, and
16 of the Agreement, or may permit performance of one or more of such obligations subsequent
to disbursement.
11. Payment of Grant Subiect to Sufficient Net Lottery Proceeds. Payment of the Grant
is subject to GOCO's determination in its sole discretion that it has received and has available
sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery
• proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable in
4
its discretion, including, but not limited to, adequate reserves, funding requirements and /or
commitments for other past, current and future grants, and past, current and future GOCO •
operating expenses and budgetary needs.
12. Proiect Operation and Maintenance.
a. Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for
the purposes specified in the Project Application for a period of 25 years from the date of
completion of the Project or the useful life of the Project, in accordance with product warranties
and/or the generally accepted standards in the parks /recreation community, and provide and
maintain access to the Project and to the Property, regardless of the Property's ownership.
b. Failure to comply with the provisions of Paragraph 12.a. may be deemed a breach by
Grantee under Paragraph 21, below.
C. GOCO shall not be liable for any cost of maintenance, management or operation of the
Project.
d. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with
adequate records reflecting the operating and maintenance costs of the Project and provide the
Board with such other information concerning the use of the Project by the public and the impact
of the Project.
13. Public Access. Grantee agrees, for itself and its successors in interest, to allow •
reasonable public access to the Project for the term specified in Section 12. Grantee may
temporarily close such public access for construction, maintenance, emergency situations, or
other reasonable purposes.
14. Compliance with Rep-ulatory Requirements and Federal and State Mandates.
Grantee hereby assumes responsibility for compliance with all regulatory requirements in all
applicable areas, including but not limited to nondiscrimination, worker safety, local labor
preferences, preferred vendor programs, equal employment opportunity, use of competitive
bidding, permits, approvals, and other similar requirements. To the extent permitted by law,
Grantee will indemnify and hold the Board harmless from any liability for any failure to comply
with any such applicable requirements.
15. Nondiscrimination. During the performance of this Agreement, Grantee and its
contractors, subcontractors and agents shall not unlawfully discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry, physical
handicap, medical condition, marital status, age or sex, or any other basis prohibited by local,
state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of
their employees and applicants for employment are free of such discrimination. Further, during
the performance of this Agreement, Grantee and anyone acting on behalf of Grantee shall not
engage in any unlawful discrimination in permitting access and use of the Project.
16. Publicity and Proiect Information. •
• a. Grantee shall erect and maintain a sign at a prominent location on the Project site
acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO
will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible
samples of its logo to Grantee for custom signs.
i. GOCO shall approve in advance the design of any permanent sign materially
varying from the signs provided by GOCO. To obtain such approval, Grantee shall submit to
GOCO plans describing the number, design, placement,. and wording of signs and placards shall
be submitted to the Board for review and approval prior to completion of the Project.
ii. The Board may withhold Final Payment pending evidence of placement of
permanent signage.
b. Grantee shall acknowledge Board funding in all publicity issued by it concerning the
Project.
C. Grantee shall cooperate with the Board or the Board's designee in advance in preparing
public information pieces related to the Project.
d. Grantee shall give the Board the right and opportunity to use information gained from the
Project.
• e. Grantee shall give the Board a minimum 30 days' notice of Project grand openings,
dedications, or other events.
f. Grantee shall give timely notice of the Project, its inauguration, significance, and
completion to the local members of the Colorado General Assembly, members of the board of
county commissioners of the county or counties in which the Project is located, as well as to
other appropriate public officials.
g. Grantee shall provide quality digital photographs (or printed photographs, if unable to
provide digital photographs) of the completed Project with the Final Report.
h. At no time shall Grantee represent in any manner to the public or to any party that it is
affiliated with GOCO or acting on behalf of GOCO.
17. Liabilitv.
a. Grantee shall be responsible for, and to the extent permitted by law (including any
constitutional or statutory limitations on the ability of a governmental entity to provide
indemnification), indemnify, defend and hold harmless the Board, its officers, agents and
employees from any and all liabilities, claims, demands, damages or costs (including reasonable
legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee's
performance of this Agreement. Grantee hereby waives any and all rights to any type of express
• or implied indemnity or right of contribution from the State of Colorado, the Board, its members,
officers, agents or employees, for any liability resulting from, growing out of, or in any way
connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner •
of the Project and the Property upon which it is located, or has control of the Project and the
Property, and that GOCO neither possesses nor controls the Project, the Property, nor the
operations of the Project.
b. Anything else in this Agreement to the contrary notwithstanding, no term or condition of
this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of
the immunities, rights, benefits or protection provided to the Board under the Colorado
Governmental Immunity Act ( "CGIA ") as amended or as may be amended in the future
(including, without limitation, any amendments to such statute, or under any similar statute
which is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for
protection under the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101 et seq. The
Board and Grantee understand and agree that liability for claims for injuries to persons or
property arising out of the negligence of the Board, its members, officials, agents and employees
may be controlled and /or limited by the provisions of the CGIA. The parties agree that no
provision of this Agreement shall be construed in such a manner as to reduce the extent to which
the CGIA limits the liability of the Board, its members, officers, agents and employees.
18. Audits and Accounting. Grantee shall maintain standard financial accounts, documents,
and records relating to the use, management, and operation of the Project. The accounts,
documents, and records related to the Project shall be retained by Grantee for not less than five
(5) years following the date of disbursement of funds under this Agreement. The Board, or its
designated agent, shall have the right, upon reasonable notice to Grantee, to audit the books and •
records of Grantee which pertain to the Project and to the use and disposition of the Grant.
While Grantee is not required to use GAAP (Generally Accepted Accounting Principles),
Grantee shall use reasonable and appropriate accounting systems in maintaining the required
records hereunder.
19. Inspection. Throughout the term of this Agreement, GOCO shall have the right to
inspect the Project to ascertain compliance with this Agreement.
20. Withdrawal of Board Funding; Termination of Agreement. Anything else in this
Agreement or otherwise to the contrary notwithstanding, the Board may withdraw, in whole or in
part, the Grant and/or terminate this Agreement, and /or seek a refund of payments already made
if the Board determines in its discretion that:
a. facts have arisen or situations have occurred that fundamentally alter the expectations of
the parties or make the purposes for the Grant as contemplated infeasible or impractical;
b. any material modifications in the scope or nature of the Project have occurred from that
which was presented in the Project Application and such material modifications have not
received the prior written approval of GOCO;
•
C. any statement or representation made by Grantee in the Project Application, this
• Agreement, the Advance Payment documentation, the Progress Report, the Final Report, or
otherwise is untrue, inaccurate or incomplete in any material respect;
d. the results of GOCO's review of the Advance Payment documentation, the Progress
Report, or the Final Report are not acceptable to GOCO;
e. the Project will not or cannot be completed by the Completion Date or any extensions
granted thereto or delays in the implementation of the Project have occurred which, in the
Board's judgment, make the Project impracticable;
f. the Project will not or cannot be completed within the Budget or any approved
modifications, or the total Project cost and/or Grantee's matching funding are reduced;
g. title to or encumbrances against the Property are or become such that Grantee is unable to
complete the Project, or the Project and/or the Property are or become unavailable for public use;
h. sufficient net lottery proceeds are not available to fund the Grant.
21. Breach.
a. In the event that Grantee breaches any of the terms, covenants, representations, or
conditions of this Agreement, the Board may elect to enforce any and all remedies available at
• law or in equity, including without limitation, any of the following:
i. Prior to payment of Grant:
A. Withdraw the Grant and terminate this Agreement; and,
B. Deny Grantee eligibility for participation in future Board grants, loans or
projects.
ii. After payment (partial or full) of Grant:
projects;
A. Deny Grantee eligibility for participation in future Board grants, loans or
B. Seek specific performance of Grantee's obligations under this Agreement;
C. Receive reimbursement in full of disbursement made under the Grant.
b. The foregoing remedies are cumulative and may be exercised independently or in
combination and are not exclusive to one another or to any other remedies available at law or in
equity. In the event GOCO must pursue any remedy hereunder and is the substantially
prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of
40 collection.
22. Good Faith. There is an obligation of good faith on the part of both parties, including •
the obligation to make timely communication of information which may reasonably be believed
to be material to the other party.
23. Assignment. Grantee may not assign its rights under this Agreement without the consent
of the Board, which consent shall be in the discretion of the Board. Any assignment shall
require, at a minimum, that the assignee is eligible to receive grants from the Board and assumes
Grantee's ongoing obligations under this Agreement.
24. Applicable Law. This Agreement shall be governed by the laws of the State of Colorado
and venue for any dispute hereunder shall lie exclusively in the State Courts of the City and
County of Denver.
25. No Joint Venture. Nothing in this Agreement shall be construed to create a joint
venture, partnership, employer /employee or other relationship between the parties hereto other
than independent contracting parties. Except as permitted under the remedies provisions
hereunder, neither party shall have the express or implied right to act for, on behalf of, or in the
name of the other party.
26. Severability. If any provision of this Agreement, or the application thereof, is found to
be invalid, the remainder of the provisions of this Agreement, or the application of such
provision, other than those as to which it is found to be invalid, shall remain in full force and
effect. •
27. Time is of the Essence. Time is of the essence in this Agreement.
28. Survival. The terms and provisions of this Agreement and the parties' covenants
hereunder shall survive the funding of the Grant and the completion of the Project.
29. Fax and Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original, but all of which when taken together shall constitute one
Agreement. In addition, the parties agree to recognize signatures of this Agreement transmitted
by telecopy or e-mail as if they were original signatures.
30. Third Party Beneficiary. The Board and Grantee hereby acknowledge and agree that
this Agreement is intended only to cover the relative rights and obligations between the Board
and Grantee, and that no third party beneficiaries are intended.
31. Construction. Each party hereto has reviewed and revised (or requested revisions of)
this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be
resolved against a particular party shall not be applicable in the construction and interpretation of
this Agreement.
32. Waiver. The failure of either party to enforce a term hereof shall not be deemed a waiver
of such term or right of enforcement as to that breach or any subsequent breach of the same, •
similar or different nature. No waiver shall be enforceable hereunder unless signed by the party
• against whom the waiver is sought to be enforced.
33. Entire Agreement. Except as expressly provided herein, this Agreement constitutes the
entire agreement of the parties. No oral understanding or agreement not incorporated in this
Agreement shall be binding upon the parties. No changes to this Agreement shall be valid unless
made as an amendment to this contract, approved by the Board, and signed by the parties.
IN WITNESS WHEREOF, the parties by signature below of their authorized representatives
execute this Agreement effective as of the _ day of 2011.
STATE BOARD OF THE GREAT GRANTEE:
OUTDOORS COLORADO TRUST FUND Town of Avon
By: By:
Lise Aangeenbrug Name:
Executive Director Title:
10
•
APPENDIX A •
RESOLUTION
•
C�
SAMPLE RESOLUTION
A resolution supporting the agreement between the (Name of Contracting Entity) and The
State Board of the Great Outdoors Colorado Trust Fund.
WHEREAS, the (Name of Contracting Entity) supports the completion of (Name of Project).
WHEREAS, the (Name of Contracting Entity) has received a grant from Great Outdoors
Colorado to fund the Name of Project), subject to the execution of a grant agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE (The Governing Body of
Contracting Entity) OF THE (Name of Contracting Entity) THAT:
SECTION 1: The (Governing Body of Contracting Entity) ereby authorizes the
(Designated Official) to sign the grant agreement with Great
• Outdoors Colorado.
SECTION 2: The _(Governing Body of Contracting Entity) hereby authorizes the expenditure
of funds as necessary to meet the terms and obligations of the grant agreement
and application.
SECTION 3: This resolution to be in full force and effect from and after its passage and
approval.
PASSED AND APPROVED (date)
APPROVED (signature of appropriate official(s)).
•
APPENDIX B
PROJECT BUDGET
(Submit a new budget if the project numbers have changed.)
is • •
• Project Budget
Eagle Valley Trail Bridge, Avon, Colorado
•
C
Source of Funds
Date
Secured
ElMatch
Applicant
Partner
Match
Total
Funding
CASH
Town of Avon Capital Budget
Aug-10
$ 77,000
$ 77,000
ECO Trails of Eagle Count
Aug-10
$ 120,000
$ 120,000
GOCO
Dec -10
$ 497,000
$ 497,000
Source of Funds - Cash Subtotal
$ 497,000
$ 77,000
$ 120,000
$ 694,000
IN -KIND
Au -10
Construction Oversight (Avon Project Engineer)*
$ 16,000
$ 16,000
*assumes 4 hr/day for project duration
Source of Funds - In -kind Subtotal
16,000
$ 16,000
Total Source of Funds
$ 497,000
$ 93,000
$ 120,000
$ 710,000
Use of Funds
Date to be
Sent
G
GLu,,t
lRe ]Match
Applicant
Partner
Match
Total
Funding
CASH
June - Sept.
2011
Demolition (sitewide)
$ 2,500
$ 2,500
$ 5,000
Clearing and Grubbing (sitewide)
$ 2,000
$ 1,000
$ 3,000
Survey/Layout (sitewide)
$ 5,000
$ 5,000
$ 10,000
Concrete Abutments (2 ea. structural retrofit)
$ 30,000
$ 10,000
$ 20,000
$ 60,000
Pre- fabricated bridge (incl. install) approx. 16'x 130'
$ 467,000
$ 13,000
$ 50,000
$ 530,000
Additional riprap material (20 cubic yards)
$ 5,000
$ 5,000
$ 10,000
Site grading (2000 square feet)
$ 6,500
$ 3,000
$ 9,500
Road base (38 cubic yards)
$ 10,000
$ 10,000
$ 20,000
Asphalt path tie -ins (10' wide) (19 tons)
$ 12,500
$ 10,000
$ 22,500
Utilities (irrigation/lighting relocation) (lump sum)
$ 5,000
$ 5,000
$ 10,000
Si na a (2 custom all- weather signs)
$ 1,000
$ 1,000
$ 2,000
Trash cans (2 custom bear roof)
$ 1,500
$ 1,500
Benches (2 custom, integrated with bridge)
$ 1,500
$ 1,500
Removable Bollards (2 total)
$ 2,000
$ 2,000
Reve etation (lump sum, incl. tree planting)
$ 1,000
$ 6,000
$ 7,000
Use of Funds - Cash Subtotal
$ 497,000
$ 77,000
$ 120 000
$ 694,000
IN -KIND
Construction Oversight (Avon Project Engineer)
June - Sept.
2011
$ 16,000
$ 16,000
Use of Funds - In -kind Subtotal
$ -
$ 16,000
$ -
$ 16,000
TOTAL
PROJECT COST
$ 497,000 1
$ 93,000 1
$ 120,000
$ 710,000
C7
APPENDIX C
SUMMARY OF
OVERDUE GRANTS POLICY
(For information only - •
GOCO's full Overdue Grants Policy
can be found at www.goco.org)
is
� GREAT
COLORADO
Summary of Great Outdoors Colorado Overdue Grants Policy
See www.goco.org or call 303- 226 -4500
for a complete copy of the Overdue Grants Policy
Grant is current and the original due date is applicable.
GOCO Staff ( "Staff') will send a letter to the Grantee within 60 days of the project's
anticipated due date to remind Grantee that the final report will soon be due. This letter
will also remind the Grantee of GOCO's policy for project modifications and project
extensions.
Failure to complete the project by the original due date, or by any extended due dates
authorized by GOCO as discussed below, may result in the de- authorization of the grant by
the GOCO Board ( "Board "). Also, failure to complete the project by the applicable due
date may result in the applicant being suspended from applying in pending or future grant
cycles.
Grant is current and the original due date is applicable, but the grantee needs to
request an extension.
• If the Grantee needs to extend the original due date of the current project, the Grantee must
notify GOCO immediately by submitting a written request to the Executive Director of
GOCO ( "Executive Director ") that outlines the specific need for the extension, known as a
Request for a Staff Extension. Staff extensions do not exceed 90 days. GOCO Staff have
the discretion to grant one 90 -day extension if the request is deemed reasonable and
warranted. Staff will notify the Grantee in writing of the decision to grant or deny the
request for a staff extension.
Failure to submit the Request for a Staff Extension to the Executive Director 30 days prior
to the original due date may result in the de- authorization of the grant by the Board.
If the Grantee needs an extension of more than 90 days, the Grantee shall forgo the staff
extension and apply for a Board extension as discussed below.
Grant is current and the Grantee has already received a staff extension and desires
further extension by the Board, OR the Grantee elects to forgo the staff extension in
favor of seeking a Board extension.
If the Grantee needs an extension in addition to the staff extension, or has elected to forgo
the staff extension, the Grantee must notify GOCO immediately by submitting a written
request to the Executive Director that outlines the specific need for the extension, known
as a Request for a Board Extension. The Grantee's Request for a Board Extension will be
considered by the Board at its next scheduled meeting. The Board has the sole discretion to
• grant or deny the requested extension. The grant will not be considered overdue while the
request for extension is pending.
Failure to submit the Request for a Board Extension to the Executive Director 30 days •
prior to the original due date or staff extended due date may result in the de- authorization
of the grant by the Board.
Grant is overdue; the original due date or extended due date has passed.
If the Grantee has not fulfilled the requirements of the GOCO grant award, and has not
completed the project by the original due date set forth in the Grant Agreement or by any
extended date(s) as approved by GOCO, staff will send a De- authorization Warning letter
to the Grantee no later than 60 days after the applicable due date has passed.
The De- authorization Warning letter will state that the grant shall be presented to the
Board for de- authorization or other appropriate action at the next scheduled Board
meeting. The Grantee must respond to the De- authorization Warning letter at least 14 days
prior to that Board meeting. The Board has the sole discretion to de- authorize the grant,
extend the due date or take any other action it deems appropriate, including but not limited
to modifying the terms and conditions of the grant award. Staff will notify the Grantee in
writing of the Board's decision. If an extension is not granted, a written Notice of De-
authorization will be sent to the Grantee.
Failure to respond to the De- authorization Warning letter will result in an automatic de-
authorization of the grant and will result in the applicant being suspended from applying in
pending or future grant cycles. •
C�
APPENDIX D
INTERGOVERNMENTAL (or other) AGREEMENT
(If applicable.)
is