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S <br /> State of Colorado, Colorado Water Conservation Board <br /> Contract Routing Number(CLIN <br /> Contract No. 150412 <br /> Grant Amount: $400,000 <br /> GRANT CONTRACT <br /> THIS CONTRACT, by and between the State of Colorado, for the use and benefit of the Department of <br /> Natural Resources, Colorado Water Conservation Board, located at 1313 Sherman Street, Suite 721, <br /> Denver, Colorado 80203, (the "State"), and the East Cherry Creek Valley Water and Sanitation District, a <br /> political subdivision of the State of Colorado located at 6201 S. Gun Club Road, Aurora, CO 80015, <br /> ("Contractor"or"Grantee"). <br /> FACTUAL RECITALS <br /> A. Authority exists in the law and funds have been budgeted, appropriated and otherwise made <br /> available and a sufficient unencumbered balance thereof remains available for encumbering and <br /> subsequent payment of this contract through the Colorado Financial Reporting Systems (COFRS). <br /> B. Required approval, clearance and coordination have been accomplished from and with appropriate <br /> agencies. <br /> C. Grantee's bid was selected in accordance with Colorado law and State Procurement Rules pursuant <br /> to the issuance of a grant which was awarded to Grantee by the Colorado Water Conservation Board <br /> on September 19, 2007; <br /> D. Authority for the agency entering into this Contract arises from Colorado Revised Statutes (CRS) 39- <br /> 29-109(1)(a)(111), 37-75-102 and 37-74-104(2)(c) and Senate Bill 06-179 adopted by the 2006 <br /> General Assembly. <br /> E. The State has allocated grant funds for the Zero Liquid Discharge Pilot Study, which will study the <br /> feasibility of reverse osmosis water treatment. Grantee is ready, willing and able to provide such a <br /> task. <br /> NOW THEREFORE, in consideration of and subject to the terms, conditions, provisions and limitations <br /> contained in this contract, the State and Contractor agree as follows: <br /> AGREEMENT <br /> 1. Definitions <br /> The following terms as used in this contract shall be construed and interpreted as follows, unless the <br /> context otherwise expressly requires a different construction and interpretation: <br /> 1.1. "Compensation" means the funds payable to Contractor by the State which are related to the <br /> Goods and Services set forth in the Scope of Work set forth in Exhibit A, attached hereto and <br /> incorporated herein. <br /> 1.2. "Contract" means this contract for Services, its terms and conditions, attached exhibits, documents <br /> incorporated by reference under the terms of this contract, and any future modifying agreements, <br /> Page 1 of 14 <br /> 1 <br />