HomeMy WebLinkAboutJCOS_Trails Partnership Program Grant Agreement_2023_Wheat Ridge_executedJEFFCO OPEN SPACE TRAILS PARTNERSHIP PROGRAM
GRANT TERMS AND CONDITIONS
1. GRANT PROJECT TERMS
1 .1 . City of Wheat Ridge ("Grantee") has been awarded a 2023 Jeffco Open Space
("JCOS") Trails Partnership Program Grant by the Board of County Commissioners
for the County of Jefferson, State of Colorado ("County") in the amount of $41 0.000
("Grant"). The County and Grantee may be individually referred to herein as auParty" or collectively as the"Parties."
1.2. In consideration of its award of a Grant, Grantee agrees to abide by these Grant Terms
and Conditions ("Grant Terms").
1 .3. Grantee shall use the Grant for the project ("Project") set out in its Trails Partnership
Program Grant Application dated 0910112022 ("Application "). Unless explicitly
modified herein, the Application is incorporated into these Grant Terms. The general
scope ofthe Project is:
to Plains trail
Avenue at Van Gordon St. by designing and buildine a stable. safe. accessible
combination crusher fine and trail around Tabor Lake
1.4. Grantee shall adhere to the Grant period by beginning the Project within the 2023
calendar year and completing the Project by February 2025 (two years from award
date). Any requested extension of the Grant period will require JCOS's prior written
approval, which it may deny or condition in its discretion.
1 .5. The Grant is comprised of Jefferson County Open Space Sales Tax Funds andlor a
portion of the County's share of the State of Colorado's Conservation Trust Funds. For
example and without limiting the foregoing, the use of JCOS Sales Tax Funds is
limited to public open space, park, or recreation purposes pursuant to the 1972 Open
Space Enabling Resolution, as amended. Grantee understands and acknowledges it is
bound by the use restrictions of such Funds, as applicable.
1.6. Grantee shall manage the Grant funds in accordance with applicable laws, regulations,
permitting requirements, these Grant Terms, and JCOS's Policies, Procedures, and
guidelines.
1.7 . Additional Grant Project Terms. Without limiting the foregoing, the following
specific Grant terms also apply to the Grant funds and the Project:
t.7 .1. N/A
1.7.2. N/A
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2. PAYMENT OF GRANT FUNDS.
2.1. After review and approval of documentation submitted by Grantee establishing to
JCOS's satisfaction thatS}Yoof the Project has been completed, JCOS shall remit 50%
of the Grant funds to Grantee pursuant to wiring instructions provided to JCOS.
2.2. After Project completion Grantee shall provide JCOS a summary of the Project that at
minimum includes a written narrative, photos and/or illustrations, and a summary of
expenditures. After review and approval of this information and any other relevant
documentation it may require, JCOS shall remit the remaining 50o/o of the Grant funds
to Grantee pursuant to wiring instructions provided to JCOS.
2.3. In lieu of the payment terms set forth in paragraphs 2.1 and2.2 above, in its discretion
JCOS may agree to an alternate payment schedule. In that event the terms of the
alternate payment schedule shall be attached to these Grant Terms as an Addendum.
3. COMMUNICATION; REPORTS; RECORDS.
3.I . Grantee and JCOS shall each appoint one individual to act as principal contact person
for notices and other communications concerning the Grant and the Project. The initial
appointees are:
Grantee (name, email, phone) : Brandon Altenburg, baltenburg@ci.wheatridge.co.us,
(303)231-1307
JCOS: Rachel Brenna; rbrenna@jeffco.us; (303) 271-5991
Grantee or JCOS may change its contact person at any time by written notice to the
other Party.
3.2. On a quarterly basis Grantee shall provide JCOS with a written Project report that at
minimum describes the status of the Project and provides an accounting of Grant fund
expenditures.
3.3. Grantee shall maintain its books and records in a manner that will provide JCOS with
sufficient detail to review Grantees receipts and expenditures relating to the Grant.
Grantee shall make such records available for review by JCOS upon reasonable notice
during the Grant period and for two years thereafter.
4. DONOR RECOGNITION; PUBLICITY. Grantee agrees to adhere to the JCOS Funding
Recognition Guide attached as Exhibit A to appropriately acknowledge a contribution from
the Trails Partnership Program to complete the Project.
5. PROJECT CHANGES. Grantee shall notify JCOS if Grantee determines in good faith that
because of changed circumstances it is no longer possible for the Grant to serve its original
purpose. In that case, and upon JCOS's prior written approval, Grantee may use the
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remaining Grant funds on a public open space, park, or recreation project or projects in line
with both Grantee's and JCOS's mission. The Parties shall execute an amendment to these
Grant Terms addressing any such Project change and these Grant Terms, as amended, shall
apply to and govern the new or revised Project.
6. NONCOMPLIANCE. Grantee understands and acknowledges that noncompliance with
these Grant Terms may result, for example, in JCOS requiring the return of all or a portion of
the Grant funds or Grantee's inelieibility for future Trails Partnership Program grant funds.
7. MISCELLANEOUS TERMS
7.1. No Assumption of Liabilities. By providing the Grant and completing the Project
neither Party is assuming any liability for the acts or omissions of the other Party or
any third party.
7.2. No Employment Relationship. By providing the Grant and completing the Project or
by execution or acceptance of these Grant Terms, neither Party is acting as an agent,
servant, or employee of the other Party.
7 .3. No Third-Party Beneficiaries. The Parties agree the Grant and these Grant Terms is
only intended to cover the relative responsibilities of the Parties and no third party
beneficiaries are intended.
7.4. Governmental Immunity. Nothing associated with the Grant or contained in these
Grant Terms shall give or allow any claim or right of action by any third party, nor
shall anything contained herein be construed as a waiver of the right of the Parties to
assert all defenses and limitations on liability provided by law including, without
limitation, the Colorado Governmental Immunity Act, $24-10-101 , et seq., C.R.S., and
the Owners of Recreational Areas Act, $33-41 -l0l , et seq., C.R.S., or any successor
acts or provisions.
7 .5. Officials Not to Benefit. No elected or employed member of either Party shall be paid
or receive, directly or indirectly, any share or part of the Grant or any benefit that may
arise therefrom.
7.6. Electronic Signatures. These Grant Terms may be signed electronically. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act,
C.R.S. 524-7 1.3-1 01 through 524-7 1.3-121.
7.7. Waiver. The failure of JCOS to object to Grantee's use of the Grant funds or
noncompliance with these Grant Terms shall not be deemed a waiver.
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The undersigned, on behalf of Grantee, hereby agrees to abjde by these Grant Terms. .
GRANTEE:
By
Name Bud Starker
Title Mayor,City of Wheat Ridge
Date:. ogt16t2o2g
JCOS Acceptance
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Name
Title
Date
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