|
<br />--~" ~
<br />.';
<br />
<br />G, The Contractor applied to the State for a grant in the amount of $60,000 for the Study,
<br />to be allocated as follows: $25,000 to Phase 1, and $25,000 to Phase 2 if Phase 2 is conducted,
<br />The Board approved the grant and the expenditure of an additional $1 O,OOO'for contingencies and/or
<br />other costs associated with the Study, The CWCB approved the grant at its November 3-4, 1994, .
<br />Board meeting, with the understanding that the State would participate in Phase 1 of the Study and
<br />will consider further participation at a later date after a full review of Phase 1 results.
<br />
<br />H, Pursuant to 1995 Colo, Sess, Laws, Chapter 117, Section 5, Colorado General Assembly
<br />authorized CWCB to expend an amount not to exceed $60,000 for the costs of the Study,
<br />
<br />NOW THEREFORE, in consideration of the mutual and dependent covenants contained
<br />herein, the parties agree as follows:
<br />
<br />1. Project performance. The USGS has conducted Phase 1 of the Study pursuant to its Joint
<br />Funding Agreements with the Contractor and in accordance with the Project Proposal dated March
<br />14, 1994, which is attached hereto as Appendix A and incorporated herein,
<br />
<br />2. Disbursement of funds. Upon receipt of Bills for Collection (hereinafter referred to as
<br />USGS Bills) from the USGS for work performed on the Project, the Contractor will make payment in
<br />full to the USGS of said USGS Bills, The Contractor shall submit copies of the USGS Bills to the
<br />State for reimbursement of the State's 50% cost-share. The State shall remit its share of the USGS
<br />Bills to the Contractor within thirty days following receipt of the USGS Bills,
<br />
<br />3, Time of performance. The Contractor recognizes that time is of the essence, Therefore,
<br />the Contractor shall request the USGS to complete Phase 1 of the Study and shall submit the final
<br />USGS Bill(s) within one (1) year from the date of this contract.
<br />
<br />4, Access to results, The Contractor shall provide the State with full access to Project
<br />development, data, drafts and conclusions and, if necessary, shall obtain copies of such Project
<br />materials from the USGS on behalf of the State, until such time as the study is published and
<br />released to the public,
<br />
<br />5, Obligation of State. The State's participation in Phase 1 of the Study in no way obligates
<br />the State to further participate in the Study, Any further participation by the State in the Study shall
<br />be based upon a full review by the State of Phase 1 results and shall be contingent upon approval
<br />of the CWCB,
<br />
<br />6, Termination of contract for cause. If, through any cause, the Contractor fails to fulfill in
<br />a timely and proper manner its obligations under this contract, or if the Contractor violates any of the
<br />covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to
<br />terminate this contract for cause by giving written notice to the Contractor of such termination and
<br />specifying the effective date thereof, at least five (5) days before the effective date of such
<br />termination, In that event, the Contractor shall provide the State with copies of all finished Project
<br />development, data, drafts and conclusions prepared by the Contractor or by the USGS pursuant to
<br />this contract and/or any Joint Funding Agreements between the Contractor and the USGS. The
<br />Contractor shall provide such copies to the State within thirty (30) days of the effective date of such
<br />termination, Upon submittal to the State of a USGS Bill, the Contractor shall be entitled to receive
<br />fifty percent of the cost of any such Project materials that have been prepared before the effective
<br />
<br />Purgatoire River Water Conservancy District
<br />
<br />Page 2 of 5
<br />
|