HomeMy WebLinkAbout20181457.tiffRESOLUTION
RE: APPROVE STATE NOXIOUS WEED FUND GRANT AGREEMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a State Noxious Weed Fund Grant
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado
Department of Agriculture, commencing upon full execution of signatures, and ending November
30, 2018, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the State Noxious Weed Fund Grant Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, and the Colorado Department of Agriculture, be and
hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
dit444)
�,�,/WELD COUNTY, COLORADO
ATTEST: •�Clto;e1
Steve Moreno, C - r
Weld County Clerk to the Board
Deputy Clerk to the
y torney
Date of signature: 05 3/ -/Er
CC: ACTTC e�,p$CT�ISM.)
2018-1457
EG0075
COLORADO
Department of Agriculture
April 6, 2018
Weld County
P.O. Box 458
Greeley, CO 80632-0458
Dear Tina Beaton:
BDAA 18-1830
We are pleased to inform you that the Colorado Department of Agriculture has approved your application for
funding pursuant to the 2018 Weed Grant Program ("Program") in the amount of $40,000.00. This grant also
carries a match requirement of $40,000.00. Budget and match requirements can be found within this agreement
and your grant application. This letter authorizes you to proceed with your Project in accordance with the terms
of this Grant Award Letter.
Attached to this letter are the terms and conditions of your Grant. Please review these terms and conditions as
they are requirements of this Grant to which you Grantee agree by accepting the Grant Funds.
Here are some important dates to keep in mind as you are reading your Grant, all dates appear within your
Grant. Work for which you seek reimbursement from the Grant may not begin until the grant issuance date.
Matching expenses may be incurred up to 90 days prior to the grant issuance date. All Work, including
submission of all deliverables, reports and the final report, must be completed no later than the expiration date of
your Grant. The final invoice, and supporting documentation, must be submitted no later than 45 days after your
Grant expires.
If you have questions regarding this Grant, please contact: Steve Ryder.
2018-1457
THIS PAGE INTENTIONALLY LEFT BLANK
GRANT AWARD LETTER
SUMMARY OF GRAN
State Agency
Colorado Department of Agriculture
v y
Grant Amount
Fiscal Year 2018: $8,000.00
Fiscal Year 2019: $32,000.00
Total for all Calendar Years: $40,000.00
Grantee
Weld County
Grant Issuance Date
The later of April 6, 2018 or the date the State Controller or an
authorized delegate signs this Grant Letter
Grant Expiration Date
November 30, 2018
Local Match Amount
Total Match Amount All Fiscal Years: $40,000.00
Grant Agreement Number:
BDAA 18-1830
Grant Encumbrance Number:
CTGG1 2018*1830
Grant Description
2018 Weed Grant Program
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Agriculture
Don Brown, Commissioner
/4
By: Don Brown, Commiicfier
Date:
4 -25- 20/8
In accordance with §24-30-202 C.R.S., this Grant is not valid
until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Colorado Department of Agriculture
Don Brown, Commissioner
CbBy: Jo Moore, Delegate
Date: 4I2ig lie
Page 1 of 9 Version 0717
THIS PAGE INTENTIONALLY LEFT BLANK
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award
Letter (the "State") hereby obligates and awards to Grantee shown on the first page of this Grant
Award Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of
this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter.
Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant
Award Letter by providing Grantee with an updated Grant Award Letter showing the new
Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds
used for this Grant Award Letter are not appropriated, or otherwise become unavailable to
fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award
Letter in whole or in part by providing written notice to Grantee. If the State terminates this
Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to
the percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee's obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for
breach by Grantee.
3. AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A. State Authority
This Grant Award Letter is funded, in whole or in part, with State funds made available
pursuant to C.R.S. 35-5.5-116.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit A.
Page 2 of 9 Version 0717
Q.
B. "Business Day" means any day in which the State is open and conducting business, but
shall not include Saturday, Sunday or any day on which the State observes one of the
holidays listed in §24-11-101(1) C.R.S.
C. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
D. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
E. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
F. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
G. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this
Grant Award Letter.
H. "Exhibits" means the following exhibits attached to this Grant Award Letter:
i. Exhibit A, Statement of Work
I. "Extension Term" means the period of time by which the Grant Expiration Date is
extended by the State through delivery of an updated Grant Award Letter
J. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired,
produced, or delivered by Grantee in connection with the Services.
K. "Incident" means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
L. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
M. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
N. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
O. "PH" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place of birth,
mother's maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 C.R.S.
P. "Services" means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the
Goods.
"State Confidential Information" means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited to,
PII and State personnel records not subject to disclosure under CORA.
Page 3 of 9 version 0717
R. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
S. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year
and ending on June 30 of the following calendar year. If a single calendar year follows the
term, then it means the State Fiscal Year ending in that calendar year.
T. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
U. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
V. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
W. "Work Product" means the tangible and intangible results of the Work, whether finished
or unfinished, including drafts. Work Product includes, but is not limited to, documents,
text, software (including source code), research, reports, proposals, specifications, plans,
notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work.
"Work Product" does not include any material that was developed prior to the Grant
Issuance Date that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed
and interpreted as defined in that Exhibit.
5. PURPOSE
This grant is made to aid the recipient with the survey, treatment and monitoring for noxious
weeds.
6. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
The State shall not be liable to pay or reimburse Grantee for any Work performed or
expense incurred before the Grant Issuance Date or after the Grant Expiration Date;
provided, however, that Work performed and expenses incurred by Grantee before the
Grant Issuance Date that are chargeable to an active Federal Award may be submitted for
reimbursement as permitted by the terms of the Federal Award.
B. Erroneous Payments
The State may recover, at the State's discretion, payments made to Grantee in error for any
reason, including, but not limited to. overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
Page 4 of 9 Version 0717
from subsequent payments under this Grant Award Letter, deduction from any payment due
under any other contracts, grants or agreements between the State and Grantee, or by any
other appropriate method for collecting debts owed to the State.
D. Close -Out.
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Grant Award Letter and Grantee's final reimbursement
request or invoice. The State will withhold 5% of allowable costs until all final
documentation has been submitted and accepted by the State as substantially complete.
8. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than
the end of the close out described in §7.E, containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any
manner to this Grant for a period of three years following the completion of the close out of
this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and
transcribe all such records during normal business hours at Grantee's office or place of
business, unless the State determines that an audit or inspection is required without notice at
a different time to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. The State shall monitor Grantee's
performance in a manner that does not unduly interfere with Grantee's performance of the
Work.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee's records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party.
10. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee's own benefit, publish,
copy, or otherwise disclose to any third party, or permit the use by any third party for its
benefit or to the detriment of the State, any State Records, except as otherwise stated in this
Grant Award Letter. Grantee shall provide for the security of all State Confidential
Page 5 of 9 Version 0717
Information in accordance with all policies promulgated by the Colorado Office of
Information Security and all applicable laws, rules, policies, publications, and guidelines.
Grantee shall immediately forward any request or demand for State Records to the State's
principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements are in force at all
times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and
shall maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control
effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State
Records provided to Grantee or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Grantee is prevented by law or regulation from
returning or destroying State Confidential Information, Grantee warrants it will guarantee
the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. After an Incident, Grantee shall take steps to
reduce the risk of incurring a similar type of Incident in the future as directed by the State,
which may include, but is not limited to, developing and implementing a remediation plan
that is approved by the State at no additional cost to the State.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict
in any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall
be harmful to the State's interests and absent the State's prior written approval, Grantee shall
refrain from any practices, activities or relationships that reasonably appear to be in conflict with
the full performance of Grantee's obligations under this Grant. If a conflict or the appearance of a
conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has
arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details
for the State's consideration.
12. INSURANCE
Page 6 of 9 Version 0717
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee
fails to comply with any term or condition of this Grant, the State may terminate some or all of
this Grant and require Grantee to repay any or all Grant funds to the State in the State's sole
discretion. The State may also terminate this Grant Award Letter at any time if the State has
determined, in its sole discretion, that Grantee has ceased performing the Work without intent to
resume performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license,
with the right to sublicense, to make, use, reproduce, distribute, perform, display, create
derivatives of and otherwise exploit all intellectual property created by Grantee or any
Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to
this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28
U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-
30-1501, et seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or
protections of any of these provisions.
18. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or
transfer without such consent shall be void. Any assignment or transfer of Grantee's rights
Page 7 of 9 Version 0717
and obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference
only, and shall not be used to interpret, define, or limit its provisions. All references in this
Grant Award Letter to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or other
attachments contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to
the Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following
receipt of the updated letter. The Parties may also agree to modification of the terms and
conditions of the Grant in a formal amendment to this Grant, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee 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. Order of Precedence
In the event of a conflict or inconsistency between this Grant Award Letter and any
Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the
documents in the following order of priority:
i. Exhibit A, Statement of Work.
ii. The provisions of the other sections of the Grant Award Letter.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not
affect the validity or enforceability of any other provision of this Grant Award Letter,
which shall remain in full force and effect, provided that the Parties can continue to perform
their obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the
Grant and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Page 8 of 9 Version 0717
Except for the Parties' respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or
entity other than the Parties. Any services or benefits which third parties receive as a result
of this Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Grant
Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor
shall any single or partial exercise of any right, power, or privilege preclude any other or
further exercise of such right, power, or privilege.
Page 9 of 9 Version 0717
EXHIBIT A, STATEMENT OF WORK
Exhibit A Page 1 of 1
STATEMENT OF WORK
I. Project Description / Objectives:
This Project will focus on the following noxious weed species that are on List B: absinth wormwood, Dalmatian
toadflax, diffuse knapweed, hoary cress, Canada thistle and musk thistle. These species are known to displace
livestock forage and native vegetation/wildlife habitat. This Project will necessitate hiring staff and educating
landowners and the general public, using publications, training, workshops and field visits.
II. Grantee
Grantee Legal Name: Weld County
Grantee DUNS Number: 075757955
Grantee Designation: Grantee
III. Definitions:
CDA
Colorado Department of Agriculture
List B
Title 35, Article 5.5, Colorado Noxious Weed Act, and the
weed species listed at
https://www.colorado.gov/pacific/agconservationJnoxious-
weed-publications
and grouped under the category of List B Species
Quarter
A period of 3 months
Quarter 1: April —June
Quarter 2: July - September
Quarter 3: October - December
SFY
State Fiscal Year
July 1 —June 30
The State
Colorado Department of Agriculture
IV. Personnel:
The State relied, in part, in the awarding of this contract upon the qualifications of the Grantee's Key Personnel.
A. Key Personnel List
The State considers the following positions, and the assigned Grantee Personnel, to be key personnel:
i. Tina Booton, Project manager
B. Replacement:
Grantee shall immediately notify the State if any Key Personnel cease to serve. Provided there is a good -faith
reason for the change, if Grantee wishes to replace its Key Personnel, it shall notify the State and seek its
approval. Such approval is at the State's sole discretion, as the State issued this Purchase Order in part reliance
on Grantee's representations regarding Key Personnel. Such notice shall specify why the change is necessary,
who the proposed replacement is, what their qualifications are, and when the change would take effect. Anytime
Key Personnel cease to serve, the State, in its sole discretion, may direct Grantee to suspend Work until such
time as their replacements are approved. The State shall not compensate the Grantee at a higher rate for
Replacement Key Personnel.
I " \C I'en,�lane 3.'�'2.i P:42:c. 1 ,i 5
V. Performance Activities
1. The Grantee shall manage the Project.
a. Participate in a Post -Award phone call with CDA,
b. Create Quarterly Reports,
c. Create a Final Report,
d. Hire staff as needed,
e. Conduct outreach activities.
2. The Grantee shall locate, identify, survey and treat the following infested acres of List B noxious weeds:
a. Absinth wormwood — 4 acres
b. Dalmatian toadflax — 3,500 acres
C. Diffuse knapweed — 250 acres
d. Hoary cress —100 acres
e. Canada thistle — 75 acres
f. Musk thistle — 20 acres
3. The Grantee shall utilize integrated weed management techniques to manage and remove invasive and
noxious species that will include cultural, mechanical and/or chemical control methods, as appropriate.
4. The Grantee shall document treatment via mapping of all targeted species, and taking photo points of
before -and -after treatment for V.2. above, and shall be included in the Final Report.
5. The Grantee shall monitor treated areas for effectiveness, and summarize in the Final Report.
VI. Performance Standards and Requirements:
1. The Grantee's grant application may be interpreted as the prior, express condition of an "Agreed upon"
alternative, unless otherwise specified herein or within the Grantees award notice. The order of precedence
for this Grant Agreement shall be:
a. The Terms & Conditions of this Grant Agreement,
b. The Scope of Work,
c. The Award Letter, or similar instrument,
d. The Grantee's Grant Application.
2. The content of electronic documents located on CDA and non-CDA websites and information contained on
CDA and non-CDA websites may be updated periodically during the contract term. The Grantee shall
monitor documents and website content for updates and comply with all updates.
a. A list of noxious weeds species is available at:
htti s://www.colorado.sov/pacific/aeconservation/noxious-weed-species
3. The Grantee shall purchase necessary weed control and education/outreach equipment and supplies.
4. The Grantee shall strictly follow all label directions for herbicides and use appropriate personal protective
equipment during applications.
5. The Grantee shall follow best practices for all treatment methods, unless agreed to by the CDA Project
Manager.
6. The Grantee shall obtain all necessary permits for all activities and follow all applicable laws, regulations,
ordinances and similar requirements.
7. The Grantee shall create, host and deliver education and outreach activities including individual landowner
contacts, presentation(s), printed and web -based literature and site visits.
a. Submit three weed articles in the Weld County Conservation District newsletter,
b. Host two weed booths at local events,
c. Create 30 Facebook posts about weeds and plants,
d. Conduct 12-20 individual landowner meetings.
2018(j).A \\l' "I-cml ;nc 1.:uc 2 ut 5
8. All reports and other submittals, except mapping data, shall:
a. Be submitted on a template supplied by CDA or other agreed format,
b. Be created in .docx or other agreed upon electronic document format, and
c. Be submitted electronically via email to the CDA Project Manager.
9. For mapping data, the Grantee shall geo-reference and report accurate locations of targeted noxious weed
populations.
a. The Grantee shall use a handheld GPS-enabled device
b. Enter point, line and/or polygon noxious weed data into EDDMapS West.
I. EDDMapS West online spatial database and mobile applications for iPhone and Android can
be found at the following website: https://www.eddmaps.org/mrwc/
c. Each data point, line and/or polygon needs to include in the corresponding ancillary information:
i. Species name (scientific and common)
ii. Latitude/longitude or other geo reference
iii. County and state
iv. Reporter name and affiliation
v. Date observed/treated (month and year)
vi. Ocular estimate of population cover or abundance (e.g. 15% cover, 2000 plants, etc.)
vii. Ocular or GPS'd spatial extent/size of population (e.g.''/, acre, 2 acres, etc.)
viii. If using a hand-held GPS, datum used in GPS device (e.g. WGS 84, UTM NAD 83 z13n, etc.);
Cell phones/tablets are always WGS 84.
d. This work includes preparation, field survey, data collection, quality control checks, data entry,
and map production.
10. Quarterly reports shall include:
a. Summary of activities completed that quarter; and
b. Current budget update and summary.
c. Grantee shall use quarterly report template provided by CDA.
11. The Final Report shall include:
a. The final quarterly report,
b. Summary of the effectiveness of areas treated during this Project,
c. Maps indicating locations of treatment,
d. Summary of obstacles encountered and possible solutions to the obstacles,
e. Digital photos showing before treatment and after treatment, as described in V.4 above. Photos
shall be taken from substantially the same vantage point of the same area at approximately the
same time of day to best show the effectiveness of treatment.
f. Summary of education and outreach activities, including approximate number of target audience
reached.
g. Summary of expected outcomes from education and outreach activities,
h. The Final budget report and summary.
VII. Deliverables and Acceptance:
1. The Grantee shall enter mapping data following Section VI.9 above, prior to submitting the Final Report.
2. The Grantee shall submit two Quarterly Reports to the CDA Project Manager no later than 30 calendar days
after the end of each quarter.
a. The first quarterly report is due July 31, 2018.
b. The second quarterly report is due October 31, 2018
3. The Grantee shall submit a Final Report and all items listed in VI.12 to the CDA Project Manager by the
expiration date of this Grant Agreement.
?iH 1\l: T�aniilarr
I'.i<.c 3 .,I 5
VIII. Budget:
This Grant Agreement contains state funds.
Description
SFY 2018
funds
SFY 2019
funds
Matching
funds*
Hire two seasonal staff @ $20/hr for 1,091.5 hrs.
$6,000
$20,000
$40,000
Hire one seasonal staff (landowner contact) @ $20/hr for
500 hrs.
$2,000
$8,000
Cost -share funds, no. Weld Co. focus area landowners
$4,000
Total
$8,000
$32,000
$40,000
Cumulative Total
$40,000
$40,000
is grant requires a 1:1 match of state funds.
1. Funding includes funds from both SFY 2018 and SFY 2019. Funds may only be expended in the SFY for
which they are intended. Any invoice submitted for work completed up to June 30, 2018 cannot exceed
the total amount of SFY 2018 funds as shown in the table above.
2. The Grantee shall manage all budgets by line as they appear in this Budget. The Grantee is authorized to
move funds among budget lines only with the prior, express written permission of the CDA Project
Manager. A request to move funds shall be accompanied by an updated budget and justification for the
move. This may be accomplished electronically. Funds are NOT authorized to be moved among SFY or
among columns.
3. The Grantee can incur matching expenses, including in -kind contributions, up to 90 days prior to the
start date of this Grant Agreement, (date). Matching expenses have to be directly related to the
activities described in this Statement of Work. Documentation on matching expenses shall be submitted
with the Final Invoice.
IX. Invoicing
1. To receive compensation under the Grant Agreement, the Grantee shall submit a signed Invoice Form.
The Invoice Form must be the form provided by CDA or an approved alternate. The Invoice Form must
be submitted no later than forty-five (45) calendar days after the end of the contract termination date.
Expenditures shall be in accordance with this Statement of Work and Budget.
2. The Grantee shall retain all receipts and payroll records, and make them available upon request, for
three years following the termination date of the contract.
3. The Grantee shall submit the following documentation with the completed invoice:
a. Certified payroll records for personnel expenses to be reimbursed
b. SubGrantee invoices
c. Receipts for direct costs and expenditures
d. Itemized matching expenses and proof of in -kind match contributions, and
e. Other fiscal documentation requested by the CDA Project Manager necessary to support the
invoice.
2iilhiID. A1\I >O\\ Icnhl,nc
'illy PIQC— l,,[5
4. Scan the completed and signed Invoice Form and supporting documentation into an electronic
document. Email the Invoice form and supporting documentation to the CDA Project Manager.
Steve Ryder, CDA Project Manager
Conservation Services Division
Colorado Department of Agriculture
305 Interlocken Parkway
Broomfield, Colorado 80021
303-869-9034
steve.rvder@state.co.us
S. Final billings under the Grant Agreement must be received by the State within a reasonable time after
the expiration or termination of the Grant Agreement; but in any event no later than forty-five (45)
calendar days from the effective expiration or termination date of the Grant Agreement.
nl�(_l)\\C' ›,(1\\ lc,;��lau
Pagc 5 , t 5
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Hi Tina,
Esther Gesick
Thursday, April 26, 2018 1:20 PM
Tina Booton
Frank Haug; Barb Connolly; Jay McDonald
RE: Weed Fund grant agreement
Although this does not require a signature, acceptance of the funds still acts as the County entering into the terms of the
document. Therefore, I think it would be best to circulate this through OnBase and get it listed on the Agenda for formal
acceptance/approval by the Board. I've copied Frank and Barb so they are aware when it comes through. Let me know
if you have any questions.
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758IGreeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Tina Booton
Sent: Thursday, April 26, 2018 12:00 PM
To: Esther Gesick <egesick@weldgov.com>
Subject: FW: Weed Fund grant agreement
In December 2017 I asked permission to apply for the grant. The BOCC gave permission. The grant application was
"partially" funded — about 95%. Here is the contract from the Department of Ag. It does not require a signature from us.
It is official and effective now on their end. I thought you might need this for Tyler.
Please let me know if you need anything else or have any other questions.
Tina Booton
Weed Division Supervisor
Weld County Public Works
PO Box 758; 1111 H Street Greeley, CO 80632
970-400-3770
www.weldweeds.org
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
1
From: Ryder - CDA, Steve (mailto:steve.rvder@state.co.us]
Sent: Thursday, April 26, 2018 10:43 AM
To: Tina Booton <tbooton@weldgov.com>
Subject: Weed Fund grant agreement
Here you go, Tina.
Steve
Steve Ryder
State Weed Coordinator
COLORADO
Department of Agriculture
Concert aclon $errces Otv,5lon
P 303.869.9034 I C 303.828.8329
305 Interlocken Parkway, Broomfield, CO 80021
steve.ryder@state.co.us I www.colorado.Rov/ag/weeds
2
Hello