HomeMy WebLinkAbout20162011.tiffRESOLUTION
RE: APPROVE GRANT AGREEMENT FOR PHREATOPHYTE CONTROL PROGRAM
(TAMARISK AND RUSSIAN OLIVE TREE REMOVAL) AND AUTHORIZE CHAIR TO
SIGN
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 Grant Agreement for the Phreatophyte
Control Program (Tamarisk and Russian Olive trees) 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 Water Conservation Board, commencing July 1,
2016, and ending June 1, 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 Grant Agreement for the Phreatophyte Control Program (Tamarisk
and Russian Olive trees) Removal 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 Water Conservation Board be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 7./is,1J G: ;
Weld County Clerk to the Board
BY G kips < /L •
-rIlYeputy Clerk to the Board
APP' ! !` D ASST
Cou ty Attorney
Date of signature: 7/ aO ( aO ( Co
owl CPco)
tO/asItCo
Mike Freeman, Chair
Sean P. Con
Tie A. Cozad
bara Kirkmeyer
Steve Moreno
2016-2011
EG0073
MEMORANDUM
TO: Clerk to the Board DATE: June 20, 2016
FROM: Tina Booton, Public Work 1T 4/
Jay McDonald, Director of Public Works
SUBJECT: Agenda Item
This request is for signature on the contract for a Colorado Water Conservation Board Grant.
Board for phreatophyte tree (tamarisk and Russian olive trees) removal. The grant was funded
at $195,000. The raised match includes $35,250 cash and $110,386 in -kind. For a total match of
$145,636. Weld County's match through the Weed Division is $10,000 cash and $28,000 in -
kind.
This grant would address approximately 26 linear miles of the South Platte River, Little
Thompson River and Big Thompson River. The Weld County Youth Conservation Corp will
do the majority of the work — 25.3 paid weeks at $189,750. These funds are from the grant,
partners and Weld County. The grant will also pay for a contractor with large equipment for
up to 5 days to address some of the more difficult infestations.
The grant, will run from July 1, 2016 through June 1, 2018.
Please add this item to the agenda for Wednesday, June 22, 2016.
2016-2011
VaTT--
Routing # CMS #91768
CTGGI PDAA 2017-0053
STATE OF COLORADO
Colorado Water Conservation Board
Grant Agreement
with
Weld County
TABLE OF CONTENTS
1. PARTIES 1
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 1
3. RECITALS 1
4. DEFINITIONS 2
5. TERM and EARLY TERMINATION 3
6. STATEMENT OF WORK 3
7. PAYMENTS TO GRANTEE 3
8. REPORTING - NOTIFICATION 4
9. GRANTEE RECORDS 5
10. CONFIDENTIAL INFORMATION -STATE RECORDS 5
11. CONFLICTS OF INTEREST 6
12. REPRESENTATIONS AND WARRANTIES 6
13. INSURANCE 7
14. BREACH 8
15. REMEDIES 8
16. NOTICES and REPRESENTATIVES 10
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 10
18. GOVERNMENTAL IMMUNITY 10
19. STATEWIDE GRANT MANAGEMENT SYSTEM 11
20. GENERAL PROVISIONS 11
21. COLORADO SPECIAL PROVISIONS 14
22. SIGNATURE PAGE 16
EXHIBIT A - STATEMENT OF WORK Error! Bookmark not defined.
1. PARTIES
This Grant Agreement (hereinafter called "Grant") is entered into by and between Weld County, PO Box 758,
Greeley CO 80632 (hereinafter called "Grantee"), and the STATE OF COLORADO acting by and through the
Department of Natural Resources Colorado Water Conservation Board, 1313 Sherman St #718, Denver CO
80203, (hereinafter called the "State or DNR/CWCB").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller
or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Grantee
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.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in HB 15-1006 and sufficient unencumbered balance thereof
remains available for payment. Required approvals, clearance and coordination have been accomplished
from and with appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
Rev 1/13/15
C. Purpose
The purpose of this contract is to remove invasive phreatophyte and restore the native river corridor habitat
on the South Platte River Watershed and Tributaries in weld County.
D. References
All references in this Grant 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.
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 A.
B. Evaluation
"Evaluation" means the process of examining Grantee'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 (Statement of Work).
D. Goods
"Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
E. Grant
"Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference
under the terms of this Grant, and any future modifying agreements, exhibits, 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 Grantee pursuant to this Grant.
G. Party or Parties
"Party" means the State or Grantee and "Parties" means both the State and Grantee.
H. Program
"Program" means the Invasive Phreatophyte Control grant program that provides the funding for this Grant.
I. Review
"Review" means examining Grantee'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 Grantee pursuant to this Grant.
K. Subcontractor
"Subcontractor" means third -parties, if any, who are not subgrantees, engaged by Contractor to to provide
goods, services or construction.
L. Subgrantee
"Subgrantee" means third-parites, if any, that receive a Subaward from a Grantee to carry out part the grant
program.
M. Work
"Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit A., including the performance of the Services and delivery of the Goods.
N. Work Product
"Work Product" means the tangible or intangible results of Grantee'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.
Page 2
5. TERM
A. Initial Term -Work Commencement
The Parties' respective performances under this Contract shall commence upon the State Controller of the
Colorado or their delegate sign the Contract. This Contract shall terminate on June 30, 2018 unless sooner
terminated or further extended as specified elsewhere herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend
the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement
Grant at or near the end of any initial term or any extension thereof. The provisions of this Grant in effect
when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall
remain in effect during the two month extension. The two -month extension shall immediately terminate
when and if a replacement Grant is approved and signed by the Colorado State Controller.
6. STATEMENT OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or
before June 30, 2018. The State shall not be liable to compensate Grantee for any Work performed prior to
the Effective Date or after the termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee, Subcontractors or Subgrantees shall be considered Grantee's,
Subcontractor's or Subgrantees' employee(s) for all purposes hereunder and shall not be employees of the
State for any purpose as a result of this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the
methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $195,000, as determined by the
State from available funds. Payment will be made on a reimbursement basis, based on invoices submitted
with backup information acceptable to the State, showing eligible grant expenses. Grantee agrees to
provide any additional funds required for the successful completion of the Work. Payments to Grantee are
limited to the unpaid obligated balance of the Grant as set forth in Exhibit A. The maximum amount
payable by the State to Grantee during each State fiscal year of this Grant shall be:
$195,000 in FY2017
$195,000 minus the amount spent in FY 2017
in FY2018
B. Payment
i. Interim and Final Payments
Any payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any
payment requests by submitting invoices to the State in the form and manner set forth and approved by
the State.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by
the State within 45 days may, if Grantee 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. Grantee shall
Page 3
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.
iii. 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, Grantee'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 Grant in whole or in part, the State's performance hereunder is contingent upon the
continuing availability of such funds. Payments pursuant to this Grant shall be made only from
available funds encumbered for this Grant 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 Grant, the State may immediately terminate this Grant in
whole or in part without further liability in accordance with the provisions herein.
iv. Erroneous Payments
At the State's sole 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,
may be recovered from Grantee by deduction from subsequent payments under this Grant or other
Grants, grants or agreements between the State and Grantee or by other appropriate methods and
collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the
State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget.
D. Matching Funds
Grantee shall provide matching funds as provided in Exhibit A. Grantee shall have raised the full amount
of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds
upon request.
8. 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
State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an
Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In
addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit A.
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 Grant or which may affect Grantee's ability to perform its obligations hereunder,
Grantee 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 DNR.
C. Performance Outside the State of Colorado and/or the United States
[Not applicable if Grant Funds include any federal funds] Following the Effective Date, Grantee shall
provide written notice to the State, in accordance with §16 (Notices and Representatives), within 20 days
of the earlier to occur of Grantee's decision to perform, or its execution of an agreement with a
Subcontractor or Subgrantee to perform, Services outside the State of Colorado and/or the United States.
Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the
United States and the reason why it is necessary or advantageous to perform such Services at such location
or locations. All notices received by the State pursuant to this §8.C shall be posted on the Colorado
Department of Personnel & Administration's website. Knowing failure by Grantee to provide notice to the
State under this §8.C shall constitute a material breach of this Grant.
D. Noncompliance
Grantee'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 Grant.
Page 4
E. Subgrants
Copies of any and all subcontracts or subgrants entered into by Grantee to perform its obligations
hereunder shall be submitted to the State or its principal representative upon request by the State. Any and
all subcontracts or subgrants entered into by Grantee related to its performance hereunder shall comply
with all applicable federal and state laws and shall provide that such subcontracts or subgrants be governed
by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee 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. Grantee 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 Grant
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
Grantee 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
Grantee 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 Grantee's records related to
this Grant during the Record Retention Period for a period of three years following termination of this
Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to
evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable
times and places during the term of this Grant, including any extension. If the Work fails to conform to the
requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with
Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re -
performance or other corrective measures, the State may require Grantee to take necessary action to ensure
that future performance conforms to Grant requirements and exercise the remedies available under this
Grant, at law or inequity in lieu of or in conjunction with such corrective measures.
C. Monitoring
Grantee shall permit the State, the federal government, and other governmental agencies having
jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of
this Grant 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 Grantee's performance hereunder.
D. Final Audit Report
If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this
Grant, Grantee 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
Grantee shall comply with the provisions of 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
Grantee 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 Grantee shall be immediately forwarded to the State's
principal representative.
Page 5
B. Notification
Grantee shall notify its agent, employees, Subcontractors, Subgrantees, 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 Grantee
or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
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 Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
D. Disclosure -Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee, the State or their respective agents. Grantee 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 Grantee, or its employees, agents, Subcontractors, Subgrantees, or assignees pursuant to
this §10.
11. CONFLICTS OF INTEREST
Grantee 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 Grantee's obligations hereunder. Grantee acknowledges that
with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. 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 to the State hereunder. If a
conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of
interest exists, Grantee 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 constitutes a breach of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each of which was relied on by the State in
entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the normal standards of care, skill and
diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant.
B. Legal Authority — Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant 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 Grant, or any part thereof, and to bind Grantee to its
terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter
into this Grant within 15 days of receiving such request.
C. Licenses, Permits, Etc.
Grantee 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. Grantee warrants that it shall maintain
all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to
properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds.
Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any, to perform their responsibilities. Grantee, 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,
Page 6
withdrawal or non -renewal of licenses, certifications, approvals, insurance, permits or any such similar
requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a
material breach by Grantee and constitute grounds for termination of this Grant.
13. INSURANCE
Grantee and its Subgrantees and Subcontractors shall obtain and maintain insurance as specified in this section
at all times during the term of this Grant. All policies evidencing the insurance coverage required hereunder
shall be issued by insurance companies satisfactory to the State.
Grantee shall provide certificates showing insurance coverage required hereunder to the State within seven
business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such
coverage, Grantee and each Subgrantee or Subcontractor shall deliver to the State or Grantee certificates of
insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term
of this Grant or any subgrant, Grantee and each Subgrantee or 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.
Coverages shall be as follows based on the entity type:
A. Grantee, Subgrantee or Subcontractor is a Non -Governmental Entity
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance
covering all of Grantee and Subgrantee or Subcontractors employees acting within the course and
scope of their employment.
ii. General Liability
Commercial General Liability Insurance written on an ISO occurrence form, covering premises
operations, fire damage, independent contractors, products and completed operations, blanket
contractual 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.
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
Grantee and the State shall be named as additional insured on the Commercial General Liability
insurance policies (leases and grants for the construction of structures, such as bridges and kiosks
require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG
2037, or equivalent).
v. Primacy of Coverage
Coverage required of Grantee and Subgrantees and Subcontractors shall be primary over any insurance
or self-insurance program carried by the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non -renewal without
at least 45 days prior notice (15 days for non-payment) to the Grantee and Grantee shall forward such
notice to the State in accordance with §16 (Notices and Representatives) within seven days of
Grantee's receipt of such notice.
vii. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees or Subcontractors as required herein shall include clauses stating that each carrier shall
waive all rights of recovery, under subrogation or otherwise, against the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
Page 7
B. Grantee, Subgrantee or Subcontractor is a Public Entities [Governmental Entity]
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-
10-101, et seq., as amended (the "GIA"), then 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 GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the
State. Grantee shall require each Grant with Subgrantees, or purchase from a Contractor that are public
entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet
Subgrantee's liabilities under the GIA
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant, 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 Grantee, or the appointment of a receiver or similar officer for Grantee 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 Grant in whole or in part if reasonably necessary to preserve public safety
or to prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant, 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 Grant 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 Grantee 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 Grant and in a timely manner, the State may notify
Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to
promptly cure such non-performance within the cure period, the State, at its option, may terminate this
entire Grant or such part of this Grant 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. Grantee shall
continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice, and shall terminate outstanding
orders, subcontracts and/or subgrants with third parties. However, Grantee 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 Grant's terms. At the sole discretion of the State,
Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders
subgrants or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary
action to protect and preserve property in the possession of Grantee in which the State has an interest.
All materials owned by the State in the possession of Grantee shall be immediately returned to the
State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall
become the State's property.
ii. Payments
Page 8
The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after
termination by the State, it is determined that Grantee was not in breach or that Grantee'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 Grant had been terminated in the public
interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State
for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the
State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until
such time as the exact amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due to Grantee 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 or services. Grantee 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 Grant 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 Grant ceases to further
the public policy of the State, the State, in its sole discretion, may terminate this Grant 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 Grant by the State for cause or breach by Grantee, which
shall be governed by §15(A) or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee 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 Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations
and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which
bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily
performed bear to the total Services covered by this Grant, less payments previously made.
Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion
of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee
which are directly attributable to the uncompleted portion of Grantee's obligations hereunder;
provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to
Grantee hereunder.
C. Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or
performance schedule. Grantee 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 Grantee after the
suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and
completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee'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.
Page 9
iv. Removal
Demand removal of any of Grantee's employees, agents, Subcontractors or Subgrantees whom the
State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose
continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best
interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right
while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the
State or Grantee 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 foregoing 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
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:
Chris Sturm
CWCB
1313 Sherman St #718
Denver, CO 80203
chris.sturm@state.co.us
B. Grantee:
Tina Boston
Weld County Public Works
Weed Division Supervisor
PO Box 758
Greeley , CO 80632
970-304-6496 X3770
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 Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered
to the State by Grantee 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.
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.
Page 10
19. STATEWIDE GRANT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date
or at anytime thereafter, this §19 applies.
Grantee 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.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee'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 Grantee's obligations under this Grant shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of Grantee'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 Grant term. Grantee shall be 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 Grantee demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel & Administration (Executive Director), upon request by the DNR/CWCB, and showing of good
cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee 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 Grantee, by the Executive Director, upon a showing of good cause.
20. GENERAL PROVISIONS
A. Assignment, Subcontracts and Subgrants
Grantee'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, Subcontracting or
subgranting without such consent shall be void. All assignments, subcontracts, subgrants, Subcontrctors or
Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be
solely responsible for all aspects of subcontracting/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 Grant are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant 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 effect whatsoever, unless embodied herein.
F. Indemnification -General
Page 11
Grantee 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 Grantee, or its employees, agents, Subcontractors,
Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions 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. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
H. Modification
vi. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless
agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in
accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller
Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS -
TOOLS AND FORMS.
vii. By Operation of Law
This Grant is subject to such modifications as may be required by changes in Federal or Colorado
State law, or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Grant on the effective date of such change, as if fully set forth
herein.
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
i. Colorado Special Provisions,
ii. The provisions of the main body of this Grant,
iii. Exhibit A,
J. Severability
Provided this Grant 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 Grant requiring continued performance,
compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by
the State if Grantee 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. Grantee shall be solely liable for paying such taxes as the State
is prohibited from paying for or reimbursing Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant 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 Grant are
incidental to the Grant, and do not create any rights for such third parties.
Page 12
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, 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.
O. CORA Disclosure
To the extent not prohibited by federal law, this Grant and the performance measures and standards under
CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS
§24-72-101, et seq.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 13
21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in italics.
A. 1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Grant 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 Grant 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
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee 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 Grantee or
any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its
employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay
when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this
Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability
or understanding, except as expressly set forth herein. Grantee 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.
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. 6. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this grant. 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
Grant, 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 Grant 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 Grant shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that Grantee is in violation of this provision, the State may exercise
any remedy available at law or in equity or under this Grant, including, without limitation, immediate
termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
Page 14
I. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF 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 Grant. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee's services and Grantee shall not employ any person having such known interests.
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] Grantee certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this Grant and
will confirm the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Grant, through participation in the E -Verify Program or the State
program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract
with an illegal alien to perform work under this Grant or enter into a contract with a Subcontractor or a
grant with a Subgrantee that fails to certify to Grantee that the Subcontractor or Subgrantee shall not
knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not
use E -Verify Program or State program procedures to undertake pre -employment screening of job
applicants while this Grant is being performed, (b) shall notify the Subcontractor or Subgrantee and the
granting State agency within three days if Grantee has actual knowledge that a Subcontractor or Subgrantee
is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the
subcontract or subgrant if a Subcontractor/Subgrantee does not stop employing or contracting 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 Grantee participates in the State program, Grantee shall deliver to the
granting State agency, Institution of Higher Education or political subdivision, a written, notarized
affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply
with all of the other requirements of the State program. If Grantee 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 Grant for breach and, if so terminated, Grantee shall be liable for
damages.
L. 12. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101.
Grantee, 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 Grant.
SPs Effective 1/1/09
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 15
22. SIGNATURE PAGE
Grant Routing Number 91768
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that
the State is relying on their representations to that effect.
GRANTEE
Weld County
By: Mike Freeman
Title: County Commissioner
I1 ,-PLZI
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Water Conservation Board
1 mot! / / i
*Signature
JUN 2 7 2016
Date:
By: Tina Heltzl, Budget Analyst
Signatory avers to the State Controller or delegate that
Grantee has not begun performance or that a Statutory
Violation waiver has been requested under Fiscal Rules
Date: afjO Y/16
2nd Grantee Signature if Needed
By:
Title:
LEGAL REVIEW
Cynthia H. Coffman, Attorney General
By: /-'/ !/b/4
Signature - Assistant Attorney General
Date:
*Signature
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below
by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins
performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or
services provided hereunder.
Page 16
o2-4 /6' - 2,0 / / 6-)
RE: CONTRACT FOR COLORADO WATER CONSERVATION BOARD GRANT
ATTEST: dig2444) G: JC:44,;(1
Weld ' • my Clerk to the :oard WELD COUNTY, COLORADO
BY
Deputy C k to the B
APPROVED AS TO FUND
Con
County Attorney
BOARD OF COUNTY COMMISSIONERS
ike Freeman, Chair JUN 2 7 2016
PROVED AS _.:i.YuJ:ia ANCE:
Eld`:"ci- or Department Head
NIA
Director of General Services
aoX6, -2 // (I)
EXHIBIT A - STATEMENT OF WORK
Rev 1/13/15
Scope of Work
GRANTEE and FISCAL AGENT: Weld County Weed Division and Weld County Accounting
Department
PRIMARY CONTACT: Tina Booton, tbooton(co.weld.co.us
ADDRESS: PO Box 758; Greeley, CO 80632
PHONE: 970-304-6496 ext. 3770
PROJECT NAME: Tamarisk and Russian Olive Tree Eradication on the South Platte River and
Tributaries in Weld County
GRANT AMOUNT: $195,000
INTRODUCTION AND BACKGROUND: This Russian olive and tamarisk tree removal project is
a continuation of the work that has been done in Weld County. The effort enhances the South
Platte River Watershed. By removing the Russian olive and tamarisk trees, native vegetation or
at least a higher quality of vegetation can establish, creating improved wildlife habitat, better
water quality, and access to the river's banks for recreation.
Work began on this stretch of the South Platte River in 2003 and 2004 with a grant from the
National Fish and Wildlife Foundation. This grant aided in some Russian olive and tamarisk
eradication; however, most of the work focused on removing other terrestrial noxious weeds and
reseeding with native grass species. This continuation of effort will support the work that was
begun and continue to improve the overall value of the watershed.
OBJECTIVES:
1. Mapping the South Platte River for tamarisk and Russian olive trees along with other
noxious weeds.
2. Removal of the Russian olive and tamarisk trees from the properties that border the
Little Thompson River, Big Thompson River and the South Platte River between this
confluence and the Cache La Poudre River confluence within Weld County. This is
approximately 26 linear miles of river bottom lands that will be addressed.
3. Mapping of the Little and Big Thompson Rivers in the project area to provide a complete
picture as to the vegetation and other stabilization materials on the shoreline of the river.
4. Establish native vegetation on any of the sites that need help in recovering from the
infestations once removed.
5. Create educational posters to distribute to businesses in the project area, along with a
targeted mailing to landowners telling them about the project.
6. Speak at five homeowner's association meetings and other civic organizations about the
Russian olive and tamarisk tree project along with all noxious weeds. Educational
materials available at local Farmers Markets and other educational opportunities.
TASK 1: Map the South Platte River for Tamarisk and Russian Olive Trees
Description: Using a mapping device with Map It Fast software, map the South Platte River for
tamarisk, Russian olive and other noxious weed movement since the 2013 flood. Offer cost -
share moneys for the treatment of the terrestrial noxious weeds while landowners are reclaiming
their properties.
Method/Procedure: Each landowner along the South Platte River was contacted about letting us
map their properties and assist with understanding the spread of the weed species since the
2013 flood. Focus in this project included mapping the tamarisk and Russian olive trees so that
a project for their removal could be done in the future.
Deliverable: All of this work took place from June 1, 2015 through November 13, 2015.
TASK 2: Russian Olive and Tamarisk Tree Removal
Description: Using the Weld County Youth Conservation Corps and other large scale
commercial contractors. Russian olive and tamarisk trees will be cut down, the stumps treated
with a chemical, and the cut material chipped. The Weld County Weed Division will supply the
chemical for the project. The chipped material will be left on -site for the landowner's use or
spread in a thin layer as requested by the landowner.
Method/Procedure: The trees will be cut down with either chainsaws or tracked skid steers
equipped with grapples and shear attachments. All material will be chipped on -site. The chips
will be left in a pile for the landowner to utilize or distributed in a thin layer to decompose on site
or removed based on the landowners' needs. Additional efforts will be made to work with each
of the towns and other entities to see if there is the option to utilize the chips as mulch in local
landscaping or as a soil treatment for newly seeded areas. The chemical used in the cut stump
treatments will be labeled for aquatic sites, and will be Garton 3A, or Rodeo. The proper timing
and rates will be utilized based on which product is selected.
Deliverable: All of this work will take place from June 15, 2016 through March 31, 2018.
TASK 2: Mapping the Little and Big Thompson Rivers
Description: The mapping will focus on Russian olive and tamarisk trees, as well as any other
List A and Watch List species that are migrating into Weld County. This will be conducted by
Weld County staff and West Greeley Conservation District staff.
Method/Procedure: Samsung tablets with Map It Fast software will be used to map the weed
infestations on properties prior to the removal of the Russian olive and tamarisk trees. Other
weed species will be mapped as well. Spot checking for noxious weed invasions after the
removal of the Russian olive and tamarisk trees will also be done throughout the project.
Deliverable: All of this work will take place from June 1, 2016 through December 15, 2017.
TASK 3: Establish Native Vegetation
Description: The West Greeley Conservation District, and the Weld County NRCS will help in
determining which sites need assistance with revegetation of native plant materials to limit
erosion and offer competition against other noxious weeds. The materials to be used include
tree seedlings of cottonwood, willow, service berry and other native shrubs, along with a native
grass mix for the area.
Method/Procedure: As sites are mapped and treated, Weld County staff will make the initial
decision if the site needs to be evaluated for revegetation practices. If it is believed that the site
could benefit from revegetation, the West Greeley Conservation District with Weld County
NRCS will be called in to fully evaluate the site and make the final determination. A plan for
implementation will then be created and carried out. This may include dormant season drill
seeding or broadcast seeding as well as tree planting in the spring of 2017 or 2018.
Additionally, as the sites are mapped for Russian olive and tamarisk removal the Weld County
Weed Division will evaluate the sites for any listed noxious weeds. If any of the weed species
are identified, corrective steps will be taken to reduce and/or eliminate the infestations so that
the native vegetation planted will have the best opportunity to establish. These corrective steps
will most likely include mowing and the use of herbicide applied in a timely manner. Other cost -
share money and landowner inputs will be used to cover these pieces.
Deliverable: All of this work will take place from November 1, 2016 through May 1, 2018.
TASK 4: Create Educational Posters
Description: West Greeley Conservation District, along with Weld County staff will design the
content and layout of these items. The West Greeley Conservation District will cover the cost of
printing. Volunteers from the grant project partners will help distribute the posters.
Method/Procedure: Weld County Weed Division staff and West Greeley Conservation District
staff will create a poster based similarly to what was used on the St. Vrain River project in 2014.
These posters will then be distributed around the local communities bordering the project.
Deliverable: All of this work will take place from June 1, 2016 through August 1, 2016.
TASK 5: Newsletter Promotion
Description: Newsletters for West Greeley Conservation District, Central Colorado Water
Conservancy District and Colorado Corn Administrative Committee will each run an article on
the project throughout the length of the program. These newsletters will be mailed to large
audiences in Weld County.
Method/Procedure: Weld County Weed Division will draft articles about the grant project and
progress being made throughout the project window. These articles will be provide it to the
partners to include in their newsletters, face book posts and any other opportunities that arise.
Deliverable: All of this work will take place from June 1, 2016 through June 1, 2018.
TASK 6: Speaking at Various Groups and Other Educational Outreach
Description: The Weld County Weed Division Supervisor will seek out at least five speaking
opportunities to promote the project and raise awareness of the impact of invasive species,
especially the Russian olive and tamarisk trees. Educational materials will be made available at
the CSU Extension office as well as at any educational opportunities and booths that are
available during the grant project.
Method/Procedure: At these educational outreach opportunities whether a scheduled
presentation or a booth at an event, noxious weed identification and control along with the
impact they have on the environment will be presented and discussed. When it is appropriate
specific updated information on this project will also be presented. It is doubtful that a project
tour will be organized as all of the work will be done on private property.
Deliverable: All of this work will take place from June 1, 2016 through June 1, 2018.
Reporting and Final Deliverable
Reporting: The Weld County Weed Division will submit a report every six months from the start
of the contract. The report will detail all work conducted during the timeframe and if any
problems have occurred. After the completion of the project and the final report, yearly reports
will be supplied for the following five years during the maintenance phase of the project.
Maintenance: All work conducted through this grant will be maintained for five years following
the completion of the grant. This maintenance work will begin in June of 2018 and run through
June 2023. The long-term monitoring will continue twice a year for five years. During this time,
visual inspections will be made on treated lands, based on the site mapping that was completed
during the project, to determine that there is no re -growth of the treated invasive phreatophyte
Russian olive and tamarisk trees; that no secondary noxious weed species have invaded; and
that any completed restoration activities are filling in and establishing during these two visual
inspections each year. If there is a failure of any one of these items, follow-up will be scheduled
with the landowner and corrective steps will be implemented in a timely manner to resolve the
situation.
The inspections will be done by the Weld County Weed Division Supervisor and staff. Reports
will be filed with the Colorado Water Conservation Board and the partners of the project yearly.
Final Deliverable: At the completion of the grant project, the Weld County Weed Division will
submit a final report, including pictures and educational materials created during the project, to
document the project and what was accomplished. The final report will be submitted by June 15,
2018.
PERFORMANCE MONITORING
Performance monitoring for the contract shall include the following:
(a) Performance measures and standards
The CWCB will have quarterly phone meetings with Weld County Weed Division (Weld) to make
sure the project is being completed in a timely manner.
(b) Accountability
Regular reporting of project status will occur quarterly with the CWCB project manager and the
lead project manager from Weld. Weld will submit documentation substantiating invoice
amounts requested. Invoices will be submitted with brief reports of the planning, design, and
management purposes served by the expenditures.
(c) Monitoring Requirements
The CWCB will have access to all documents and models associated with the Invasive
Phreatophyte Control Project, and will be copied on all progress reports. Each invoice will
include information regarding the portion of the task completed, the units and costs associated
with each.
(d) Noncompliance Resolution
In the event of a noncompliance issue the CWCB project manager will contact Weld's project
manager and discuss the problem and work towards a resolution. If this does not work then the
issue will escalated to the Director of the CWCB and the Weld County Administrator. The
CWCB project manager will notify the DNR Purchasing Director and the Assistant Director of
the Department. The DNR Assistant Director or the Deputy Director will try and resolve the
issue.
a)
C5
I
a)
a)
E
H
06
a)
bO
3
CO
L
EC
a)
I
a
t
3
O
a)
t
C
NY
a)
E2
C
O
in
E
O
I
.a
a
a
O
U)
a.
E
O
H
a)
J
F"
C
O
a
Q
.0
(a
W
f,
E
(b
I-
a)
0
co
In
Ce
0
L6
0
O
0
N
Ln
0
D
0
Lne
ri
0
O
0
if)
N
O
r
Ln
N
0
O
0
D0
0
0
0
N
0
0
0
alo
M
1250.00
O
O
O
0
Ln
O
O
0
N
O
O
o0
0
o
1250.00
0
6
O
0
coCL
o
I-
L.r)
N
r i
N
4
ri
r -I
I--i
C
L O
O S-
0
00
\
in
>-
U 2
_
O
0
0
m
in
DO ($45,000 ($3,500 ($9,040 1$3,000
IIv v �
00
ADuen
or
0
CAD
Ol
M
tn.
O
CO
0
VI
in
4.4
0
L i
in
CD
0
\
t n.
Oo
Lli
.(n
0
1
in
a L
CU U_
N v v) L
a 1 a) C
✓
> L7 U
++
n3 N
>3 " Q
v)
0
0
co
O
th
0
0
O
Lri
_a c
V
N = = C
U >- U O
in
>-
4- aJ
Sz,5oo
O a)
•
v
U 0
0
0
0
�/��
L. i
t!)-
0
0
0
a'
in
0
�/�
Li I
to
00 C >1
0
$5,751
* c
La
O
v)-
in
a
-O
-
c c a\ =
c
5 WcoNi
L.L.Y › U
a,
L
0 a
00 0 Lt -
$14,346
L C J( 0 O
a) C a--+ U
c-- C In a .17
CU
i co
a O L
CO
$25,250
OLD co L
L C * 0.)
0 D Ej
i C v) L
O U. U a
4-1
00
O
L .- *
v p L
-C C v) a) a
O L. U > U
in
co N
($154,500
0
o
1
O
in-
C
0
0
0
LA
cn
th
U P
C
U u0..
-a
C
Q
L
O
s
L
03
CU
C)
0
0
um)
-(/)-
L
O
C
L
0
L
0
_C
L
0
L
DO/week
(O
=
CU
O-
(0
_O
Ni
m
N
th
►/eacl
'O
=
J
fl
1.110
o
v
O
U
Ln
in-
of
C
in
um)
N
in
0
N
in
00
0
in
th
I
00
in-
r -I
ih
r•I
t/1-
c
0
N
—
t
00
e—I
O
N
00
3/31/2018
00
00
r I
O
r -I
M
\
CO
00
00
ri
O
N0
Lin
r I
\
Cr)
00
LO
00
00
m
N
O
O
CO
LO
c -I
O
N
M\
r l
r -I
r —I
12/15/201
%-iI
O
r i
0
N
\
r -I
M
\
CO
ri
N
r I
\
oo
r i
N
\\
r-i
CD
r-i
N
ri
Li)
ri
N
r -I
N\\\
—
4-0
v Q a
Ea }+
r I
M
\
CO
r I
m
\
Cr)
r -I
\
Ln
(O 0 CO
I- U 0
r -I
\
CO
4-a
L:l
LO
LD
r I
0
-
ri
\
LD
LD
cc
co
r -I
0
N
Ln
LO
r'i
0
N
in
LD
LO
LC)
LD
r- I
0
ri
LID
LD
LD
r -I
0
r-1
LID
00
L
ri
O
N
0
M
LC)
r -I
0
N
r -I
0
N
ri
0
N
Ln
r—i
\
LO
ri
0
N
in
,J
L!)
}+
r -I
O
r-i
O
if)ri
\
N
r -I
0
\
r I
0
\
Cl) a
L -4-J
(0 cCI
0
r-i
\
O
r-1
\
r-1
LD
r -I
\
LO
r -I
\
oo
\
00
r-i
\
r
r-i
\
LO
1..-iI-
r -I
r -I
ption
v
ttO (3.)
i j o N
41) 0 aJ LL11O
L
4-+
LO _C
_C
4-1
c0 0 a 'n O LD Ln
a) 4-
d N E 2 v)
'+-'
r1 i t]) V) C C v)
a)
}' c O
+-4 +-+ v
.— (v
U L a 'eata L C +, aJ
O a"' >-
Q L•a L
C `)
I a r O c o
C Q N L U C 4--+ ._ a.O N
o O
a, _C aJ aJ CU a,
�, 4_
c >- E a, on L
O_ a)
C
in > ro InLA C2 "a cv cu i
(O
(0 in O 4-.•C — L C
_ L
f0
C a f0 O O v
G •- ` 1 co E
N L > >, L N
o o C E C` N N
L = -o +a
o
+a,, S2
co +� N c w
v v) aJ v
(O Q 0 0
- _ a
Q v v in
E +, ri a.
o (0
c!v) O N O c L/i
) v)V) >- ,_ O 0
a--+
>► >\ >. o U L CO CO 0 L >- (D
Q r'I
+-A +-+ .� (1) O 4. L iv.1..+
co 4- C an Le. 4.4 a an
C C C
v O c
'- O
W L— v) a, W
0000w (O a) O L
U U U aJ U 15 c0 (o L-0 v) U
J
�O
3
-aO O v v +� v
Q
C
_� m E
H
N aJ aJ >- O L L C C o O
N
N
N
(V
N
N
M
(M
czt
Ln
VD
N
ri
N
4-1
C
O
Vfak
�_
'L
4--+
E
0
CU
V)
U
Q
a)
U
C
Y
v)
ro
a)
E
X
a)
O
a)
5
013
.v)
a,
(0
LE
vt
I -
a)
-a
.a
s
C
+-+
a)
O
N
0
+O
7-3
Identify the funding source.
in -kind funding sources.
L
N
03
O
tin
0
U—
C
a
0
c0
cu
dF
QJ
17.1
U
C
Other Cash Partners
0 0 0 0 0 0 0 0
0 0 0 Ln O O O O
Ln O O N O Ln O O
v -- I LO r-im Ln N Ui r -I
U
O
(0
QJ
0
U
e—
s.
U
L
v)
0
4-1
CO
a>7
aJ O
v U
C (B
v) }'
a C
U
'I N
3 Northern CO Water Conservancy District
4 CO Corn Administraive Committee
>-
V)
c aJ
co LJ
Iii VI
O O
U U
in VD
7 Town of Milliken
UI
U
CO
4J
a)
O
U
00
O
0
Lri
N
N
O
64-10
• —
L.
•
.v
4-1
-C
4-1
.3
C
.V^
a)
CU
CU
Q
U
0
z
0 0
r-i N
10 City of Aurora
Hello