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coa.Glory Hole Park.Land and water conservation agreement a.aw i..�.s._...a._,.e....�:i4if'.i7i�l0i�l..,...a.... �...�..-..., o �s""�..�:......e..�,. ,,r, - ..is".�-•.:. -z`-=ufEGY70LiY'.n,. ._ -:;ice... _ LAND AND WATER CONSERVATION AGREEPIENT THIS AGREEMENT, made by and between THE STATE OF COLORADO, DEPARTiNENT OF NATURAL RESOURCES, DIVISION OF GAME, FISH AND PARKS, for the use and benefit of the GAME, FISH AND PARKS COMMISSION, First Party, and Town of Asoen a political subdivision of the State, Second Party; WHEREAS, The Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1954), as amended, provides certain Federal.monies for the use and benefit of outdoor recreation resources within the participating states; and {WHEREAS, Section 62-14-10 (h), Colorado Revised Statutes 1963, as amended, empowers the First Party to enter into and administer agreements with the United States or any appropriate agency thereof on behalf of any city, county, or other political subdivision of the State of Colorado, and requires such subdivision to give necessary assurances to said First Party that Second Party has evei able sufficient funds to meet its share of the costs of the planning and development of outdoor recreation resources within the state; and WHEREAS, the parties desire to enter into an Agreement to implement and conform with the requirements of the heretofore mentioned Land and Water Conservation Fund Act on the following described project: Project No. 05-00208 Project Name: Glory Hole Park Project Period: Date or Governor's signature to 9-30-70 Anticipated Federal Land and Water Conservation Fund monies for the project: Five thousand, three hundred ------ (Dollars) (a 5,300 Project Scapa (Description of Project) Sprinkling s;stem, water ponds, paths, observation areas, and lancscaping. NOW, THEREFORE, it is mutually agreed as follows: 1 . First Party agrees: A. To coordinate +its activities and represent the interests of the Second Party in planning, development, and maintenance of the project and assure the United States that the Second Party has the ability and intention to finance its share of the project. 2. Second Party agrees: A. That since First Party is responsible to the United States of America for Second Party's compliance with this Agreement, Second Party shall comply with the terms of said Agreement. Failure by Second Party to so comply shall be deemed justifiable cause to cancel funding of the project, and Second Party shall relieve or indemnify the First Party for all damages incurred by First Party as a result of said failure. B. To operate and maintain the project in perpetuity, at the expense of the Second Party, for public outdoor recreation use. C. That no financial assistance has been given or promised under any other Federal Program or activity with regard to this proposed project. D. That the facility shall be maintained: (1 ) To appear inviting and attractive to the public, and shall be open to the general public at reasonable hours of the day and times of the year; (2) With proper sanitation facilities and safety features; (3) In a reasonable state of repair so as to prevent undue deterioration. E. To comply with the policies and procedures set forth in the Bureau of Outdoor Recreation Manual and the "Additional Federal Raquisr,110++ts fcr State and Political SAarmlivi,ions" -2- which is attached hereto as Appendix "A". Said Manual and Appendix "A" are hereby incorporated in and made a part of this Agreement. 3. It is mutually agreed by the parties hereto that all terms, covenants, and conditions hereof shall be binding upon and inure to the benefit of the personal representatives, successors or assigns of the parties. 4. This agreement shall not be deemed valid until approved by the Controller of the State of Colorado or such assistant as he may designate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date last signed below. FIRST PARTY : 4-= �--�� STATE OF COLORADO, Department of APPROVED: Natural Resources, Division of Game, Fish and Parks, for the use and DIVISION OF ACCOUNTS AND CONTROL benefit of the Gamie, Fish and Parks Commission By CONTROLLER Date B ! ,. ���•�:� dt� �-� STATE CO Y_ irecto Division of Game, Fish and Parks GOVERNOR Date By DIVISION OF PURCHASES Executive Director Department of Natural Resources By PUR,Q ASING-AGENT Date SECOND PARTY : POLITICAL SUBDIVISION OF THE STATE OF COLORADO APPROVED AS TO FORM: By ATTORNEY GENERAL Date By Title -3- APPENDIX A ADDITIONAL FEDERAL REc'!1RE—I'cZNTS FOR STATE AND POLITICAL cU30IVISIONS I. The Second Party agrees: A., To execute and complete *_ha approved project within the project period. Failure to render satisfactory progress or to complete this project, which is subject to Federal assistance, may be cause for suspension of all obligations of the United States and the First party under this Agreement. 8. That construction contracted for shall meet the following requirements: (1 ) Contracts for construction in excess of X10,000 shall be awarded through a process of competitive bidding. Copies of all bids and a copy of the contract shall be retained for inspection by the First Party upon request. (2) Inform all bidders on contracts for construction in excess of b10,000 that Federal funds are being used to assist in construction. (3) Written change orders, to contracts for construction in excess of $10,000 shall be issued for all necessary changes in the facility. Such orders shall be made a part of the project file -and shall be kept available for audit upon request. (4) Incorporate, or cause to be incorporated, into all construction contracts, the following provisions: "During the performance of this contract, the contractor agrees as follows : "(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin. Such action shall include, but not be limited to tho following: -1- employmant, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and *selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants.. for employment, notices to be provided by the contracting officer setting forth the pro- visions of this nondiscrimination clause. "(b) The contractor will, in all solicitations or advertisements for employees placed by or on be- half of the contractor, state that all qualified applicants will receive consideration for employ- ment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative cf workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the said labor union or workers' representative of the con- tractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employ- ment. "(d) The contractor will comply with all provisions of Executive Order No. 10925 of March 6, 1961 , as amended, and of the rules, regulations, and rele- vant orders of the Presidont's Committee on Equal Employment Opportunity (hereinafter referred to as the Committee) created thereby. "(e) The contractor will furnish all information and reports required by Executive Order No. 10925 of March 6, 1961 , as amended, and by the rules, regh- lations, and orders of the said Committee, or pursuant thcrc o, and will parmit access to his -2- books, records, and accounts by the contracting agency and the Committee for purposes of inves- tigation to ascertain compliance with such rules, regulations, and orders. "(f) In the event of the contractor's non-compliance with the non-discrimination clauses of this con- tract or with any of the said rules, regulations, or orders, this contract may be cancelled, termi- nated, or suspended in whole or in par'. the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 10925 of march 6, 1961 , as amended, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order of the President's Committee on Equal Employment Opportunity, or as otherwise provided by law. "(g) The contractor will include the provisions of the foregoing paragraphs (1 ) through (7) in every sub- contract or purchase order unless exempted by rules, regulations, or orders of the President's Committee on Equal Employment Opportunity issued pursuant to section 303 of Executive Order No. 10925 of march 6, 1961 , as amended, so that such Provisions will be binding upon each subcontractor' or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontrac- tor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." -3- (S) ( 1) Cor,,ply with the above provisions in construction work carried out by itself, and (2) assist and cooperate actively with the Colorado Game, Fish and Parks Division .and the Bureau of Outdoor Recreation (BOR) and .the above-mentioned Committee in obtaining the compliance of contractors and subcontractors with the above contract provisions and with the rules, regu- lations and relevant orders of the Committee; (3) obtair and furnish to the Colorado Came, Fish and Parks Divi- sion, the Bureau of Outdoor Recreation, and to the Committee such information as they may require for the supervision of such compliance; (4) enforce the obliga- tion of contractors and subcontractors under such provisions, rules, regulations, and orders; (5) carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Committee or the Bureau of Outdoor Recreation pursuant to Part III, Subpart D, of Executive Order No. 10925; and (6) refrain from entering into any contract ,with a contractor debarred from Government contracts under Part III, Subpart D, of Executive Order No. 10925. C. To secure completion of the work in accordance with the approved construction plans and specifications, and to secure compliance with all applicable Federal, State and local laws and regulations. D. To permit periodic site visits by the First Party to insure work progress in accordance with the approved project, including a final inspection upon completion of the project. E. That in the event funds should not be available for future stages of the project, the Second Party shall bring the project to a point of usefulness agreed upon by the First Party. F. That all significQnt deviations from the project proposal shall be submitted to the First Party for prior approval. G.. That the acquisition cost of real proporty shall be based upon the appraisal of a competent appraiser. The reports of such appraisers shall be available for inspection by the First Party upon request. H. That development plans and specifications shall be available for review by the First Party upon request. I. Project-Costs (1) That Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the Bureau of Outdoor Recreation manual. J. Project Administration (1 ) To promptly submit such reports as the First Party requests. (2) That property and facilities acquired or developed pursuant to this Agreement shall be available for inspection by the First Party upon request. (3) That interest earned on funds granted pursuant to this Agreement shall not be available for expenditure by the Second Party, but shall be disposed of according to instructions issued by the First Party. K. Project Termination (1 ) That termination must be by mutual agreement of both parties. After project commencement, this Agreement may be rescinded, modified, or amended only by mutual agreement. A project shall be deemed commenced when the Second Party makes any expenditure or incurs any obligation with respect to the project. (2) That failure to comply with the terms of this Agreement or any similar Agreement may be cause for the suspensiot of all obligations of the United States hereunder. (3) That failure to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the United States hereunder, if, in the judgment of the Director, such failure was due to no fault of the Second Party, In such case, any amount -5- ' a required to settle at minimum costs any irrevocable 'r obligations properly incurred shall be eligible for assistance ender this Agreement. 4 L. Conflict of Interests (1) That no official or employee of the Second Party who is R, authorized in his official capacity to negotiate, make, accept, approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract or subcontract. (2) That no person performing services for the Second Party in connection with this project shall have a financial or other personal interest other than his employment or retention by the Second Party, in any contract or subcontract in connection with this project. No officer or employee of such person retained by the State shall r have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of the State, and such officer, employee or person has not participated in the acquisit;on for or on behalf of the Second Party. (3) That no member of or delegate to Congress shall be admitted to any share or part of this Agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form of an Agreement made with a corporation for its general benefit. (4) To be responsible for enforcing the above conflict of interest provisions. The Hatch Act (1 ) That no officer er employee of the Second Party whose principal employment is in connection with any activity -6- which is financed in whole or in part pursuant to this Agreement shall take part in any of the political activity prescribed in the Hatch Political Activity Act, 5 U.S.C. 118K (1958), with the exceptions therein enumerated. N. Financial Records (1) To maintain separate, satisfactory, financial accounts, documents, and records for each project, and to make them available to the First Party, the Bureau of Outdoor Recreation, the Department of the Interior, and to the General Accounting Office for auditing at reasonable times. Such accounts, documents, and records shall be retained by the Second Party for three years following project termination. (2) To use any generally accepted accounting system, provide such systems meet the minimum requirements set forth in the Manual. 0. Use of Facilities_ (1) To not at any time convert any property or facility acquired or developed pursuant to this Agreement to other than a public outdoor recreation use without the prior approval of the First Party. (2) To operate and maintain, or cause to be operated and maintained, the property or facilities acquired or developed pursuant to this Agreement in the manner and according to the standards set forth in the Bureau of Outdoor Recreation Manual. (3) To not discriminate against any person on the basis of race, color, or national origin in the use of .any property or facility acquired or developed pursuant to this Agro:)ment, and shall comply with the terms and intent of Title Vi of the Civil Rights Act of 1964, -7- mod. P. L. E3-354 (1954) , and of the regulations promulgated pursuant to such Act by the Secretary of the interior and contained in 43 CF'R 17. (4) To not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence. P. . Special provisions (1) That all future utility lines shall be buried when fe,-isibla. (2) That Equal �-m^_ovmnnt Opportunity signs shall be pcsted in development areas and during the construction period. (3) That facilities shall be designed which will not contribute to water or air pollution. _g_ r UNITED STATES State Colorado DEPARTMENT OF THE INTERIOR Bureau of Outdoor Recreation Project Amendment -No. 08-00208.1 AMENDMENT TO PROJECT AGREEMENT THIS AMENDMENT TO Project Agreement No. 08-00208 is hereby made and agreed upon by the United States of America, acting through the Director of the Bureau of Outdoor Recreation and by the State of Colorado , pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 1964). The State and the United States, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above-mentioned agreement is amended by adding the following: Change Period Covered by this Agreement and Project Period to 12-22-69 to 9-30-71. In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. THE UNITED STATES OF AMERICA STATE By Colorado Signature St Ally Title S gnature Bureau of Outdoor Recreation United States Department of Harry R. Woodward the InF,1,0(,r Name Date 6 State Liaison Officer Title BOR 8-92a (Rev.Mar.1967)