C150028 Memorandum of Understanding

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at a minimum correspond to the amount established by the Colorado Governmental Immunity Act,now and as hereafter amended. 6. Compensation and Method of Payment. Total compensation responsibility by the CWCB under this MOU shall not exceed two million dollars ($2,000,000) for the time period covered by this MOU,of which no more than $200,000 shall be allocated to operation and maintenance costs. In no event shall the CWCB pay more than forty percent of the actual cost to develop,operate,and maintain the Facility for the three (3)years following advertisement by CDOW of the notice of final settlement of construction claims required pursuant to § 38-26-107, C.R.S. The CWCB shall disburse grant funds to the CDOW as follows: a) During design and construction, the CDOW shall prepare periodic progress reports which contain a statement of the Facility costs expended for that month, and shall submit said reports to the CWCB staff. Additionally, the CDOW shall provide the CWCB staff with copies of all pay requests and change orders related to design and construction of the Facility. b) After receipt of the monthly progress reports from the CDOW, and review and acceptance of the costs set forth therein, the CWCB shall pay to the CDOW forty percent(40%) of those costs accepted within thirty days from the CWCB staff's receipt of each progress report. This thirty day time period shall not apply prior to the CDOW closing on the purchase of the Chiles property. c) After substantial completion of the Facility, the CDOW shall submit periodic statements of Facility operation and maintenance costs and expenditures to the CWCB staff. After review and acceptance of the costs set forth in each such statement, the CWCB shall pay to the CDOW forty percent (40%)of those accepted costs within thirty(30)days from the CWCB staff's receipt of the statement,not to exceed$200,000. 7. Comprehensive Plan. The CDOW shall complete the Comprehensive Plan, which will describe the process by which the CDOW will identify declining species and develop priorities for habitat improvement and use of the Facility,within one year of the date of this MOU. The CDOW shall make the Comprehensive Plan available to the CWCB for review and comment as part of the routine public review process. 8. Ownership and Operation of the Facility. The Facility shall be owned and operated by the CDOW, but its operation will be undertaken in consultation with the CWCB. Annually, and prior to the legislative budget process, the CDOW and CWCB staff shall meet to discuss plans for the following Facility issues and activities: (1) budget; (2) research and genetics; (3) production; and (4) goals for augmentation. Following this consultation process the CDOW shall finalize operational plans for the Facility that will be summarized in a written report due by November 1 for the beginning of the following fiscal year. CDOW shall provide a copy of this written report to the CWCB. The primary contact person for the agencies regarding operation of the Facility shall be as follows: For CDOW - Eric Hughes (291- 7360); For CWCB — Mike Serlet (303-866-3441). The agencies may change their primary contacts by providing the appropriate notice in writing to the other agency. 9. Liability. Each party agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions,or those of its officer,agents,or employees to the full extent required by law. 10. Termination. This MOU may be terminated by any of the parties hereto upon written notice delivered to the other parties at least thirty(30)days prior to intended dates of termination. By such termination,no party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. Page 4 of 5