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,\ . . CONTRACTOR: BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY, COLORADO Contract No. C 150085 Contract Amount $50,000 Agency Name: Water Conservation Board Agency Number PDA Routing Number 0:;l I!) n 0003 ."l CONTRACT THIS CONTRACT, made this 22nd day of October 2001, by and between the State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board, hereinafter referred to as the CWCB and/or STATE, and Board of County Commissioners of Gunnison County, Colorado, hereinafter referred to as the CONTRACTOR. FACTUAL RECITALS 1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment as follows: Fund Number 424, Organization YYVY, Appropriation Code FPL, GBL G085, Program WTRC, Object Code 5120, Contract Encumbrance No. C150085 2. Required approval, clearance, and coordination have been accomplished from and with appropriate agencies. 3. CWCB's authority for making this nonreimbursable expenditure: Construction Fund: Section 37-60-121(1)(b)(IV), C.R.S., authorizes the eWCB to make nonreimbursable expenditures from the CWCB Construction Fund with specific authorization from the General Assembly. 4. The Project Summary, attached as Appendix 1 and incorporated herein, contains Contractor Information (Section 1) and Project Description (Section 2). 5. Board approval and legislative approval, if required a. At its January 2001, meeting, the CWCB approved a nonreimbursable expenditure for the PROJECT to the CONTRACTOR in an amount up to $250,000, not to exceed 50% of the cost of the PROJECT with $50,000, not to exceed 50%, allocated for the Gunnison County portion of the PROJECT. b. Pursuant to Bill SB01-157, Section 14, the Colorado General Assembly authorized CWCB to allocate to the CONTRACTOR an amount up to $250,000 for the PROJECT. NOW THEREFORE, in consideration of the mutual and dependent covenants contained herein, the parties agree as follows: A. Performance of PROJECT. The CONTRACTOR shall perform the PROJECT in accordance with the Scope of Work attached as Appendix 2 and incorporated herein B. Time of performance. The CONTRACTOR recognizes that time is of the essence in the performance of its obligations under this contract Therefore, the CONTRACTOR shall be responsible for the completion of the tasks listed in the PROJECT Scope of Work within the Page 1 of7