HomeMy WebLinkAbout20243024.tiffRESOLUTION
RE: APPROVE ACCEPTANCE OF INTERGOVERNMENTAL GRANT AGREEMENT
SUMMARY OF TERMS AND CONDITIONS FOR ENERGY AND MINERAL IMPACT
ASSISTANCE FUND (EIAF) PROGRAM FOR NEW GROUNDS FACILITY BUILDING
PROJECT (AUGUST CYCLE - TIER I)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Grant Agreement
Summary of Terms and Conditions for the Energy and Mineral Impact Assistance Fund (EIAF)
Program for the New Grounds Facility Building Project (August Cycle — Tier I) between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Facilities Department, and the Colorado Department of Local Affairs, commencing
November 13, 2024, and ending November 30, 2026, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve and accept said
agreement, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Grant Agreement Summary of Terms and
Conditions for the Energy and Mineral Impact Assistance Fund (EIAF) Program for the New
Grounds Facility Building Project (August Cycle — Tier I) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Facilities Department, and the Colorado Department of Local Affairs, be, and hereby is, approved
and accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of November, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
W
ATTEST:
Weld County Clerk to the Board
BY: nt I'IJ1U t1)TC !C�
Deputy Clerk to the Board
APP' �'' E��' �niRM:
County ' torney
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Date of signature: J' Z
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: EIAF 9961 Tier I DOLA Contract — Weld County Grounds Facility Building
Construction
DEPARTMENT: Facilities DATE: November 5, 2024
PERSON REQUESTING: Elizabeth Relford/Patrick O'Neill
Brief description of the problem/issue:
Staff is requesting the Board authorize the Chair's signature on this Tier I DOLA contract in the
amount of $200,000 for the Energy Impact Assistance Fund (EIAF) grant. The grant contract will hire
a qualified contractor to perform site improvements and construct a metal building to provide storage
for equipment used to manage the county's facilities grounds.
Facilities will start the procurement process at the beginning of 2025 with an anticipated project
completion schedule of the end of 2025. The DOLA contract expiration date is November 30, 2026.
What options exist for the Board?
Consequences: By not approving the contract, you will not be able to leverage taxpayer dollars for this
project.
Impacts: The Energy Impact Assistance Fund (EIAF) helps offset the O&G impacts to Weld County.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The Tier I grant is for $200,000
and Weld County's cost are $1,050,000. Total project cost is $1,250,000.
Recommendation:
Staff recommends approval to place contract EIAF 9961 on the next available BOCC agenda.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Saine
2024-3024
ivt 3
th 06210
Docusign Envelope ID: F3091292-CDC4-43CB-8A8E-D9CE4720064B
State of Colorado Intergovernmental Grant Agreement
SUMMARY OF TERMS AND CONDITIONS
State Agency
Department of Local Affairs (DOLA)
DLG Portal Number
EIAF-09961
CMS Number
195147
Grantee
Weld County
Grant Award Amount
$200,000.00
Retainage Amount
$10,000.00
Project Number and Name
EIAF 9961 - Weld County Grounds Facility Building
Construction
Performance Start Date
The later of the Effective Date
or October 28, 2024
Grant Expiration Date
November 30, 2026
Project Description
The Project consists of construction of a metal equipment
storage building and related site improvements in Greeley,
Colorado.
Program Name
Energy & Mineral Impact Assistance Program ( EIAF )
Funding Source
STATE FUNDS
Catalog of Federal Domestic Assistance (CFDA) Number
N/A
DOLA Regional Manager
Chris La May, (970) 679-7679,
Funding Account Codes
CTGG1 NLAA 202500003001
(ch ris.la.mav(a)state.co.us)
DOLA Regional Assistant
Gheda Gavou, (303) 842-63181
VCUST#
14294
Address
Code CN001 EFT
(eheda.aavou(a,state.co.us)
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
DocuSiyned by:
545028CF
Ll-
SODE48D...
By: Angie Cue, EIAF Program Manager
Date: 10/29/2024 I 12:46 PM PDT
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Maria De Cambra, Executive Director
DocuSipned by:
EU4Yia. c. ( L °.
096D615EDE27455...
By: Maria De Cambra, Executive Director
Date: 10/29/2024 I 1:53 PM MDT
In accordance with §24-30-202 C.R.S., this Grant is not va id until signed and dated below by the State Controller
or an authorized delegate (the "Effective Date").
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
CDoeuSipned by:
frulAtt. NtEcii4 - put
090ACD66A721474...
By: Beulah Messick, Controller Delegate
Department of Local Affairs
Effective Date:10/31/2024 I 5 :18 PM MDT
Docusign Envelope ID: F3001202-CDC4-43CB-8A8E-D9CE4720064B
EIAF 9961 - Weld County Grounds Facility Building Construction
TERMS AND CONDITIONS
1. GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Terms and
Conditions page of this Intergovernmental Grant Agreement (the "State") hereby obligates and
awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement (the "Grantee") an award of Grant Funds in the amount shown on the Summary
of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant
Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the
terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions
of all Exhibits to this Intergovernmental Grant Agreement.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Intergovernmental Grant Agreement shall
commence on the Performance Start Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter showing
the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State, Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated, or otherwise become unavailable to fund this Intergovernmental Grant
Agreement, the State, in its discretion, may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee. If the State terminates
this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement that corresponds to the percentage of Work
satisfactorily completed, as determined by the State, less payments previously made.
Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-
of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement
that are incurred by Grantee and are directly attributable to the uncompleted portion of
Grantee's obligations, provided that the sum of any and all reimbursements shall not exceed
the maximum amount payable to Grantee hereunder. This subsection shall not apply to a
termination of this Intergovernmental Grant Agreement by the State for breach by Grantee.
C. Reserved.
3. AUTHORITY
Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows:
A. Reserved.
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EIAF 9961 - Weld County Grounds Facility Building Construction
B. State Authority
Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have
been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110
(Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof
remains available for payment. Required approvals, clearance and coordination have been
accomplished from and with appropriate agencies. This Intergovernmental Grant Agreement
is funded, in whole or in part, with State funds.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit B.
B. "Business Day" means any day on which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1) C.R.S.
C. Reserved.
D. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S.
E. "Grant" or "Intergovernmental Grant Agreement" means this agreement which offers
Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future updates thereto.
F. "Grant Funds" or "Grant Award Amount" means the funds that have been appropriated,
designated, encumbered, or otherwise made available for payment by the State under this
Intergovernmental Grant Agreement.
G. "Grant Expiration Date" means the Grant Expiration Date shown on the Summary of Terms
and Conditions page of this Intergovernmental Grant Agreement. Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
H. "Performance Start Date" means the later of the Performance Start Date or the Effective
Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant
Agreement.
I. "Exhibits" means the following exhibits attached to this Intergovernmental Grant
Agreement:
i. Exhibit B, Scope of Project
ii. Exhibit G, Form of Option Letter
J. "Extension Term" means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement, an
amendment, or an Option Letter.
K. Reserved.
L. Reserved.
M. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired, produced, or delivered by Grantee in connection with the Services.
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EIAF 9961 - Weld County Grounds Facility Building Construction
N. "Incident" means any accidental or deliberate event that results in, or constitutes an
imminent threat of, the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
O. "Initial Term" means the time period between the Performance Start Date and the initial
Grant Expiration Date.
P. "Matching Funds" or "Other Funds" means funds provided by the Grantee as a match
required to receive the Grant Funds.
Q. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
R. Reserved.
S. Reserved.
T. Reserved.
U. Reserved
V. "Services" means the services performed by Grantee as set forth in this Intergovernmental
Grant Agreement, and shall include any services rendered by Grantee in connection with the
Goods.
W. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to State
personnel records not subject to disclosure under CORA. State Confidential Information shall
not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by
the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known
to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently
becomes publicly available without breach of any obligation owed by Grantee to the State;
(iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the
right to disclose such information; or (v) was independently developed without reliance on
any State Confidential Information.
X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Y. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
Z. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
AA. Reserved.
BB. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
CC. Reserved.
DD. Reserved.
EE. Reserved.
FF. "Work" means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
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GG. "Work Product" means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work
Product" does not include any material that was developed prior to the Performance Start
Date that is used, without modification, in the performance of the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
5. PURPOSE
The purpose of the Energy and Mineral Impact Assistance Program is to assist political
subdivisions that are socially and/or economically impacted by the development, processing, or
energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit
B.
6. SCOPE OF PROJECT
Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in
accordance with the provisions of Exhibit B. The State shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Intergovernmental Grant Agreement.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Award
Amount shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement.
i. The State may increase or decrease the Grant Award Amount by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter
showing the new Grant Award Amount.
ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or
expense incurred before the Performance Start Date or after the Grant Expiration Date.
iii. Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
B. Reserved.
C. Matching Funds.
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the
"Local Match Amount"). Grantee shall appropriate and allocate all Local Match Amounts to
the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting
any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental
Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Intergovernmental Grant Agreement is not intended to create a multiple -fiscal year
debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees,
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EIAF 9961 - Weld County Grounds Facility Building Construction
taxes or penalties of any nature, except as required by Grantee's laws or policies.
D. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B.
The State shall only reimburse allowable costs if those costs are: (a) reasonable and necessary
to accomplish the Work and for the Goods and Services provided; and (b) equal to the actual
net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that
reduce the cost actually incurred).
i. Upon request of the Grantee, the State may, without changing the maximum total
amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between
each line of the Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
E. Close -Out and De -obligation of Grant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Intergovernmental Grant Agreement and Grantee's final
reimbursement request or invoice. The State will withhold 5% of allowable costs until all
final documentation has been submitted and accepted by the State as substantially complete.
Any Grant Funds remaining after submission and payment of Grantee's final reimbursement
request are subject to de -obligation by the State.
F. Erroneous Payments
The State may recover, at the State's discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Intergovernmental Grant Agreement, deduction from
any payment due under any other contracts, grants or agreements between the State and
Grantee, or by any other appropriate method for collecting debts owed to the State.
8. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out period described in §7.E.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Award.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
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all such records during normal business hours at Grantee's office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Intergovernmental
Grant Agreement using procedures as determined by the State. The State shall have the right,
in its sole discretion, to change its monitoring procedures and requirements at any time during
the term of this Agreement. The State shall monitor Grantee's performance in a manner that
does not unduly interfere with Grantee's performance of the Work.
C. Audits
Grantee shall comply with all State and federal audit requirements.
10. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee's own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this
Intergovernmental Grant Agreement. Grantee shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office
of Information Security and all applicable laws, rules, policies, publications, and guidelines.
If Grantee or any of its Subcontractors will or may receive the following types of data,
Grantee or its Subcontractors shall provide for the security of such data according to the
following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax Information attached
to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI (payment card
information) Data Security Standard from the PCI Security Standards Council for all PCI,
(iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information (CJI) Services Security Policy for all CJI, and
(iv) the federal Health Insurance Portability and Accountability Act (HIPAA) for all
protected health information (PHI) and the HIPAA Business Associate Agreement attached
to this Grant, if applicable. Grantee shall immediately forward any request or demand for
State Records to the State's principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such
agents, employees, assigns, and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant, and that the nondisclosure agreements
are in force at all times the agent, employee, assign or Subcontractor has access to any State
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Confidential Information. Grantee shall provide copies of those signed nondisclosure
restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding Personally Identifiable Information (PII)
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, State non -disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be a
"Third -Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as
set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee's
employees, agents and Subcontractors, agrees not to share any PII with any third parties for
the purpose of investigating for, participating in, cooperating with, or assisting with Federal
immigration enforcement. If Grantee is given direct access to any State databases containing
PII, Grantee shall execute, on behalf of itself and its employees, the certification on an annual
basis, attached as an exhibit, if applicable. Grantee's duty and obligation to certify as set forth
in the exhibit shall continue as long as Grantee has direct access to any State databases
containing PII. If Grantee uses any Subcontractors to perform services requiring direct access
to State databases containing PII, the Grantee shall require such Subcontractors to execute
and deliver the certification to the State on an annual basis, so long as the Subcontractor has
access to State databases containing PII.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain
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from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration. Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees
may be subject to the requirements of (24-18-105, C.R.S. with regard to this Grant.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Intergovernmental Grant
Agreement, if Grantee fails to comply with any term or condition of this Grant, the State may
terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State
in the State's sole discretion. The State may also terminate this Intergovernmental Grant
Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased
performing the Work without intent to resume performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in
hard copy or by email to the representative of the other Party. Either Party may change its principal
representative or principal representative contact information by notice submitted in accordance
with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C.
1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or
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condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
18. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee's rights and
obligations approved by the State shall be subject to the provisions of this Intergovernmental
Grant Agreement.
B. Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only, and shall not be used to interpret, define, or limit its provisions. All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections,
subsections, exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
C. Entire Understanding
This Intergovernmental Grant Agreement represents the complete integration of all
understandings between the Parties related to the Work, and all prior representations and
understandings related to the Work, oral or written, are merged into this Intergovernmental
Grant Agreement.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter. The Parties may also agree to modification of the
terms and conditions of the Grant in either an option letter or a formal amendment to this
Grant, properly executed and approved in accordance with applicable Colorado State law and
State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal
Rule, fiscal policy or other authority shall be interpreted to refer to such authority then
current, as may have been changed or amended since the Performance Start Date. Grantee
shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect
or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
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EIAF 9961 - Weld County Grounds Facility Building Construction
G. Order of Precedence
In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement
and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference
to the documents in the following order of priority:
i. Colorado Special Provisions in §19 of the main body of this Grant;
ii. Any executed Option Letter and Amendment;
iii. The provisions of this Intergovernmental Grant Agreement; and
iv. The provisions of any exhibits to this Intergovernmental Grant Agreement.
H. Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under the Grant in accordance with
the intent of the Grant.
Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration
of the Grant and shall be enforceable by the other Party.
J. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties. Any services or benefits which
third parties receive as a result of this Grant are incidental to the Grant, and do not create any
rights for such third parties.
K. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this
Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not
operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege
preclude any other or further exercise of such right, power, or privilege.
L. Accessibility
i. Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act
of 1973, as amended.
ii. Grantee shall comply with and the Work Product provided under this Agreement
shall be in compliance with all applicable provisions of §§24-85-101, et seq.,
C.R.S., and the Accessibility Standards for Individuals with a Disability, as
established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also
comply with all State of Colorado technology standards related to technology
accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
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EIAF 9961 - Weld County Grounds Facility Building Construction
iii. The State may require Grantee's compliance to the State's Accessibility Standards
to be determined by a third party selected by the State to attest to Grantee's Work
Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the
Accessibility Standards for Individuals with a Disability as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S.
M. Reserved.
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A. STATUTORY APPROVAL. §24-30-202(1) C.R.S.
This Intergovernmental Grant Agreement shall not be valid until it has been approved by the
Colorado State Controller or designee. If this Intergovernmental Grant Agreement is for a
Major Information Technology Project, as defined in §24-37.5-102(2.6), then this
Intergovernmental Grant Agreement shall not be valid until it has been approved by the
State's Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S.
Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the
Parties, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, §24-10-101; et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et
seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent Grantee and not as an employee.
Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or
employee of the State. Grantee shall not have authorization, express or implied, to bind the
State to any agreement, liability, or understanding, except as expressly set forth herein.
Grantee and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this Intergovernmental Grant Agreement. Grantee shall (a)
provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (b) provide proof thereof when requested by
the State, and (c) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
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EIAF 9961 - Weld County Grounds Facility Building Construction
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Intergovernmental Grant Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules,
and regulations shall be null and void. All suits or actions related to this Intergovernmental
Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Intergovernmental Grant Agreement that requires the State to
indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits
Grantee's liability for damages resulting from death, bodily injury, or damage to tangible
property; or that conflicts with this provision in any way shall be void ab initio. Nothing in
this Intergovernmental Grant Agreement shall be construed as a waiver of any provision of
§24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Intergovernmental Grant Agreement shall not
be used for the acquisition, operation, or maintenance of computer software in violation of
federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and
warrants that, during the term of this Intergovernmental Grant Agreement and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Grantee is in violation of this
provision, the State may exercise any remedy available at law or in equity or under this
Intergovernmental Grant Agreement, including, without limitation, immediate termination of
this Intergovernmental Grant Agreement and any remedy consistent with federal copyright
laws or applicable licensing restrictions.
L EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507 C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Intergovernmental
Grant Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect,
that would conflict in any manner or degree with the performance of Grantee's services and
Grantee shall not employ any person having such known interests.
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EIAF 9961 - Weld County Grounds Facility Building Construction
EXHIBIT B - SCOPE OF PROJECT (SOP)
1. PURPOSE
1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist
political subdivisions that are socially and/or economically impacted by the development, processing,
or energy conversion of minerals and mineral fuels.
2. DESCRIPTION OF THE PROJECT(S) AND WORK
2.1. Project Description. The Project consists of construction of a metal equipment storage building and
related site improvements in Greeley, Colorado.
2.2. Work Description. Weld County (Grantee) will hire a qualified contractor to perform site
improvements and construct a metal building, located at 1113 H Street in Greeley, Colorado, to provide
storage for equipment used to manage the County's facilities grounds. Work includes construction of an
approximately 4,800 square foot (sf), 80 foot by 60 foot, pre-engineered metal building with a sloped
metal roof and metal panel walls, a small break room, and restrooms; construction of a slab on grade
foundation with spread footings and stem walls; and installation of a radiant heat tube heating system.
Additional Work includes the following site improvements: installation of utilities infrastructure,
paving, and parking. The High Performance Certification Program will not apply to the Project.
Grantee will however, comply to the best of their ability, with the HPCP, as required by Colorado
Revised Statutes (C.R.S 24-30-1303.5). Due to the Project's insufficient square -footage, Grantee is not
required to demonstrate compliance with the HPCP. Grantee will provide DOLA with electronic copies
of accepted project photos and proof of Substantial Completion prior to Project Closeout. Grantee will
own and maintain the facility, all improvements and, in accordance with §9 below, a contractor will be
hired to complete the Work.
2.2.1. The Grantee warrants that the facility will continue to be utilized as a Grounds Facility
Building for at least ten (10) years following completion of the Grant. If the facility is used for
any purpose other than intended during that ten-year period, the Grantee shall return a portion of
the grant funds based on the following payback schedule: In year one, one hundred percent
(100%) of the grant funds must be returned; in year two, ninety percent (90%); in year three,
eighty percent (80%); in year four, seventy percent (70%); in year five, sixty percent (60%); in
year six, fifty percent (50%); in year seven, forty percent (40%); in year eight, thirty (30%)
percent; in year nine, twenty (20%) and in year ten, ten (10%) percent. At the end of the ten
(10) year period following the date of completion of the renovations and thereafter, no State
restrictions on use of the property shall be in effect.
2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5. Eligible Expenses. Eligible expenses shall include: contracted labor, materials, bonding, insurance,
permitting, required testing, inspection and/or commissioning costs. Project and construction
oversight, bid process, travel, per diem and legal fees shall be the sole responsibility of the Grantee.
3. DEFINITIONS
3.1. Project Budget Lines.
3.1.1. "Building or Facility Construction" means labor and materials costs, bond and insurance costs,
bid advertisements, purchase and erection of pre-engineered buildings, and attorney's fees.
3.2. "Substantial Completion" means the Work is sufficiently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
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EIAF 9961 - Weld County Grounds Facility Building Construction
4. DELIVERABLES
4.1. Outcome. The final outcome of this Grant is completed construction of a metal equipment storage
building and related site improvements in Greeley, Colorado.
4.2. Service Area. The performance of the Work described within this Grant shall be located in Greeley,
Colorado.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will:
By_
Put Project out to bid.
Within 120 days after the
Effective Date of this
Intergovernmental Grant
Agreement.
Award and finalize subcontract(s).
Within 60 days after bid
opening.
Provide DOLA with Project Timeline.
Within 60 days after the
Effective Date of the
subcontract(s).
Provide DOLA with an electronic copy of the accepted project
photos and proof of Substantial Completion (i.e. Certificate of
Occupancy, Certificate of Completion, Board motion of approval,
lien waiver).
To be included with the
Project Final Report.
Submit Quarterly Pay Requests
See §4.5.2 below
Submit Quarterly Status Reports
See §4.5.2 below
Submit Project Final Report
February 28, 2026
4.4. Budget Line Adjustments.
4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and
among budget lines, so long as the total amount of Grant Funds remains unchanged. To make
such budget line changes, DOLA will use an Option Letter (Exhibit G).
4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any
combination of budget lines as described in §6.2, or move Other Funds between and among
budget lines, so long as the total amount of such "Other Funds" is not less than the amount set
forth in §6.2 below. Grantee may increase the Total Project Cost with "Other Funds" and such
change does not require an amendment or option letter. DOLA will verify the Grantee's
contribution of "Other Funds" and compliance with this section at Project Closeout.
4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the discretion of the Grantee.
4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0)
requested in the Pay Request and describe the status of the Work in the Status Report. The
report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit
B Scope of Project as well as a projection of all Work expected to be accomplished in the
following quarter, including an estimate of Grant Funds to be expended.
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EIAF 9961 - Weld County Grounds Facility Building Construction
4.5.2. Specific submittal dates.
Quarter
Year
Due Date
Pay Request Due
Status Report Due
40 (Oct -Dec)
2024
January 30, 2025
Yes
Yes
1't (Jan -Mar)
2025
April 30, 2025
Yes
Yes
2°d (Apr -Jun)
2025
JULY 15, 2025*
Yes
Yes
3'd (Jul -Sep)
2025
October 30, 2025
Yes
Yes
4"' (Oct -Dec)
2025
January 30, 2026
Yes
Yes
1't (Jan -Mar)
2026
April 30, 2026
Yes
Yes
2°d (Apr -Jun)
2026
JULY 15, 2026*
Yes
Yes
3'd (Jul -Sep)
2026
October 30, 2026
Yes
Yes
4te (Oct -Dec)
2026
January 30, 2027
Yes
Yes
*State fiscal year runs July 1— June 30 annually. Grantee must request reimbursement for
all eligible costs incurred during a State fiscal year by July 15 annually.
4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press
conferences, presentations and brochures/pamphlets.
5. PERSONNEL
5.1. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of
Chris D'Ovidio, Controller, (cdovidio(diweld.gov), who is an employee or agent of Grantee, and is
hereby designated as the responsible administrator of this Project and a key person under this §5. Such
administrator shall be updated through the process in §5.3. If this person is an agent of the Grantee,
such person must have signature authority to bind the Grantee and must provide evidence of such
authority.
5.2. Other Key Personnel. Elizabeth Releford, Interim Director of Planning, (erelford(afweld.gov).
Such key personnel shall be updated through the process in §5.3.
5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this
Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of
the Grant.
5.4. DLG Regional Manager: Chris La Mav, (970) 679-7679, (chris.la.mav(&,tate.co.us)
5.5. DLG Regional Assistant: Gheda Gavou, (303) 842-6318, (eheda.gavoucdistate.co.us)
6. FUNDING
The State provided funds shall be limited to the amount specified under the "Grant Funds" column of §6.2,
Budget, below.
6.1. Matching/Other Funds. Grantee shall provide at least 84% of the Total Project Cost as documented
by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee's contribution are
noted in the "Other Funds" column of §6.2 below. Increases to Grantee's contribution to Total Project
Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B.
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EIAF 9961 - Weld County Grounds Facility Building Construction
6.2. Budget
Budget Lines)
Total Project
Cost
Grant
Funds
Other
Fug,
Other
Funds
Source
Line #
Cost Category
1
Building or Facility
Construction
$1,250,000
$200,000
$1,050,000
Grantee
Total
$1,250,000
$200,000
$1,050,000
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to
DOLA.
Payment
Amount
Interim Payment(s)
$190,000
Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment
$10,000
Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion), provided
that the Grantee has submitted, and DOLA has
accepted, all required reports.
Total
$200,000
7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for
administrative expenses.
8. ADMINISTRATIVE REQUIREMENTS
8.1. Reporting. Grantee shall submit the following reports to DOLA using the State -provided forms.
DOLA may withhold payment(s) if such reports are not submitted timely.
8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to
DOLA in accordance with §4.5 of this Exhibit B.
8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the
final Pay Request and Status Report to DOLA.
8.2. Monitoring. DOLA shall monitor this Work on an as -needed basis. DOLA may choose to audit the
records for activities performed under this Grant. Grantee shall maintain a complete file of all records,
documents, communications, notes and other written materials or electronic media, files or
communications, which pertain in any manner to the operation of activities undertaken pursuant to an
executed Grant. Such books and records shall contain documentation of the Grantee's pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if
any, during the term of this Grant. Results of such monitoring shall be documented by Grantee
and maintained on file.
8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or
subcontractors) performing such work shall secure the bonds hereunder from companies holding
certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do
business in Colorado.
8.3.1.Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The "bid
guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other
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EIAF 9961 - Weld County Grounds Facility Building Construction
negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of
his bid, execute such contractual documents as may be required within the time specified.
8.3.2.Performance Bond. A performance bond on the part of the contractor for 100 percent of the
contract price. A "performance bond" is one executed in connection with a contract to secure
fulfillment of all the contractor's obligations under such contract.
8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract
price. A "payment bond" is one executed in connection with a contract to assure payment as
required by statute of all persons supplying labor and material in the execution of the work
provided for in the contract.
8.3.4.Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter
of credit if the price is less than $50,000.
9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or
renovation related projects/activities:
9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified
engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado
law, and hired by the Grantee through a competitive selection process.
9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a
formal selection process with the Grantee being obligated to award the construction contract to the
lowest responsive, responsible bidder meeting the Grantee's specifications.
9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this
Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee
or any of its Subcontractors shall comply with all applicable federal and state laws and shall be
governed by the laws of the State of Colorado.
9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design
and construction standards and procedures that may be required, including the standards required by
Colorado Department of Public Health and Environment, and shall provide the State with
documentation of such compliance.
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EIAF 9961 - Weld County Grounds Facility Building Construction
OPTION LETTER #Insert # Here
SIGNATURE AND COVER PAGE
State
Department
Agency
of Local Affairs (DOLA)
Insert
DLG
for
this
Portal
DLG
Project
Portal
Number
number
Insert
Option
Number
Amendment
CMS
Letter
number
CMS
for
this
Grantee
Insert
Previous
docs
CMS
CMS
#(s)
number
for
orig Agreement,
and
any
prior chg
Insert
Grantee's
Full
Legal
Name
Grant
Amount
Project
Number
and
Name
Insert
DOLA's
project
number and
name
Initial
Award:
$Insert
orig award
amt
Total
Option
Option
Grant
Letter
Letter
Amount:
## and date
## and date
effective/spendable:
effective/spendable:
$Insert
total
award
to
$0.00
$0.00
date
DOLA Regional
Manager
Choose
an item.
DOLA
Regional
Assistant
C
hoose an item.
Funding
Account
Codes
Program
Energy
Dropdwn
&
Name
Mineral
EIAF)
Impact
Assistance
Program
(Acctg
Enter
CTGG 1
number
Prior Grant
Agreement
Expiration
Date
Current
Grant
Agreement
Expiration
Date
Month
Day,
Year
Month
Day, Year
THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER
Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this
Option Letter and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis GOVERNOR
Colorado Department of Local Affairs
By:
Maria De Cambra, Executive Director
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and
dated below by the State Controller or delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Beulah Messick, DOLA Controller Delegate
Effective Date:
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EIAF • • County GroundsBuilding / •
1) OPTIONS: Choose all applicable options listed in §1 and in §2
■ •. Option to extend option for I ofTime)
■ • •' in the Grant Award • • option for an Increase
Decrease / Funds, / • Supplemental funding awards)
c. Budget Line Adjustment(s) — reallocation of awarded Grant Funds to Budget Line(s) (use this
Option I redistribute existing Grant Fundsbetween budget
REQUIRE'All Option• • • • • provisions set f• •' •
a. For Use with Option 1(a): In acc• 1. 1 of original• •Agreement
between the State of • • • • acting by 1 through the Colorado Department of • Affairs, •
Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on
Insert endin date. Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following:
Milestone/Performance
Put
Project out to • !
Within
days of Date of
this Intergovernmental
Grant Agreement.
Award and finalize
grant(s).
subcontract(s)and/or sub-
[give•' date]
Provide
'
with
Project
Timeline
Within days of
the
Effective
Date of
• •
Contractor mobilization/begin•
days
of the
Effective
Date of
• ,
Submit
Pay
Requests•
• below
Submit .
Reports
See ' below
Submit
•
'••
[give date certain]
Quarter
Year
Due Date
Pay
Request
SReport
ln (Jan -Mar)
2024
April2024
Yes
Yes
' 1r -Jun)
2024
JULY
15,
2024*
' 1
2024
October I 2024
Ves
Yes
'
(Oct-De
c)
2024
January 30,
2025
'n -Mar)
2025
AprilI
, 2025
Yes
Yes
'(Apr
-Jun)
2025
JULY
15, 2025*
Yes
Yes
'p)
2025
October I 2025
•
(Oct-Dec)
2025
January 30, 2026
Yes
Yes
lst (Jan -Mar)
1
April
30,
2026
Yes
Yes
' 1
I ,
JULY
15,
2026*
' (Jul -Sep)
2026
October
I
2026
lies
Yes
(Oct -D
I I
January 30, 2027
*State fiscal year runs July 1 —June 30 annually. Grantee must request 1 for all eligible
costs incurred during a State fiscal year by July 15 annually.
1. For use with Option 11: In accordance with Secti1 1 of original Intergovernmental
Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and
Grantee's Name, the State herebyoption to increase/decrease ! !'! for this Project in
an amount equal to amt of increase or (decrease), from beginning dollar amt to ending dollar amt. The Grant
Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement
is hereby changed to endin2 dollar amt. The Budget table in Section 6.2 and the Payment Schedule in Section
both of 1 B, are ! • and replaced with the following:
Budget
Page 2 of 3
Docusign Envelope ID: F3091292-CDC4-43CB-8A8E-D9CE4720064B
EIAF 9961 - Weld County Grounds Facility Building Construction
Line
#
('ost Category
Total
Cost
Project
I
(,rant
unds
I.
Other
unds
Source
Other
Funds
Architectural/Engineering
Services
$ 0.00
Grantee
Construction/Improvement
Public
Roadways
of
Grantee
Total
$ 0.00
$ 0.00
$ 0.00
:Amount
Payment
Interim
Payment(s)
Paid
written
of eligible
upon
Pay
receipt
approved
Requests
of actual
expenses.
from
expense
the
documentation
Grantee
and
for reimbursement
Final
Payment
the
required
Paid
determined
upon
Grantee
reports.
Substantial
by the
has submitted,
State
Completion
in
its
and
sole
DOLA
of the Project (as
discretion), provided
has accepted,
all
that
Total
c. For use with Option 1(c): In accordance with Section 7(D)(i) of the original Intergovernmental Grant
Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and
Grantee's Name, the State hereby exercises its option to re -allocate awarded Grant Funds within the Project
Budget. The Budget table in Section 6.2 of Exhibit B is deleted and replaced with the following:
Budget
I.ine(s)
Total
Project
Cost
Grant
Funds
Other
Funds
Other
Funds
Source
Line
Cost Category
Architectural/Engineering
Services
$ 0.00
Grantee
Construction/Improvement
Public
of
Roadways
Grantee
Total
S 0.00
$ 0.00
$ 0.00
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever
is later.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 3 of 3
Contract Form
Entity Information
Entity Name*
COLORADO DEPARTMENT OF
LOCAL AFFAIRS
Entity ID*
400003104
Contract Name*
EIAF 9961 TIER 1 DOLA CONTRACT - WELD COUNTY
GROUNDS FACILITY BUILDING
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
8840
Contract Lead *
ERELFORD
Contract Lead Email
erelford@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
THE GRANT CONTRACT WILL HIRE A QUALIFIED CONTRACTOR TO PERFORM SITE IMPROVEMENTS AND
CONSTRUCT A METAL BUILDING TO PROVIDE STORAGE FOR EQUIPMENT USED TO MANAGE THE COUNTY'S
FACILITIES GROUNDS
Contract Description 2
GRANT AMOUNT IS S200,000.
Contract Type *
CONTRACT
Amount *
$1,250,000.00
Renewable*
NO
Automatic Renewal
Grant
YES
IGA
Department
BUILDINGS AND
GROUNDS
Department Email
CM-
BuildingGrounds@weld.go
v
Department Head Email
CM-BuildingGrounds-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYWEL
D.GOV
Grant Deadline Date
Requested BOCC Agenda
Date *
1 1 13/2024
Due Date
1 1 ,'09;'2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
PATRICK O'NEILL
LL
DH Approved Date
11 /12/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
11/13/2024
Review Date *
1 1,, 13 2025
Committed Delivery Date
Contact Type
Contact Email
Finance Approver
CHERYL PATTELLI
Renewal Date
Expiration Date*
11/30/2026
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
1 1 / 1 2;'2024
Tyler Ref #
AG 111324
Originator
ERELFORD
Legal Counsel
BYRON HOWELL
Legal Counsel Approved Date
1 1 / 1 2/2024
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