HomeMy WebLinkAbout20253015.tiffResolution
Approve Acceptance of Award Letter and Intergovernmental Grant Agreement
Summary of Terms and Conditions, and Amendment #1, for Energy and Mineral
Impact Assistance Fund (EIAF) Program for Construction of New Keenesburg
Grader Shed (31164 County Road 6), and Authorize Chair to Sign
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 Award Letter and Intergovernmental
Grant Agreement Terms and Conditions for Energy and Mineral Impact Assistance Fund
(EIAF) Program for Construction of the New Keenesburg Grader Shed (31164 County
Road 6) 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, ending August 31, 2027, with further terms and
conditions being as stated in said award letter and agreement, and
Whereas, the Board has been presented with Amendment #1 to the Intergovernmental
Grant Agreement Terms and Conditions for Energy and Mineral Impact Assistance Fund
(EIAF) Program for Construction of the New Keenesburg Grader Shed (31164 County
Road 6) 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 upon full execution of signatures,
ending August 31, 2027, with further terms and conditions being as stated in said
amendment, and
Whereas, after review, the Board deems it advisable to accept said letter and agreement,
and approve said amendment, copies of which are attached hereto and incorporated
herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Award Letter and Intergovernmental Grant Agreement Terms and
Conditions, and the Amendment #1, for Energy and Mineral Impact Assistance Fund
(EIAF) Program for Construction of the New Keenesburg Grader Shed (31164 County
Road 6) 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
Colorado Department of Local Affairs, be, and hereby are, accepted and approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said amendment.
Cc : 9 (Po /Mii� AcT(T /cD)
ii/ay/25
2025-3015
BO0027
Acceptance of Award Letter and Intergovernmental Grant Agreement Summary of Terms
and Conditions, and Amendment #1, for Energy and Mineral Impact Assistance Fund
(EIAF) Program for Construction of New Keenesburg Grader Shed (31164 County
Road 6)
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 3rd day of November, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro -Tern: Aye
Jason S. Maxey: Excused
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-3015
BG0027
Conivac+IDI I003a
. � COLORADO
Department of Local Affairs
" Division of Local Govemment
October 24,2025
The Honorable Perry Buck,BOCC Chair
Weld County
P.O.Box 758
Greeley,CO 80631
RE: EIAF 25-121 Weld County Keenesburg Grader Facility
Dear Commissioner Buck:
On June 13,2025,you received an award letter for the above mentioned project in the amount
of$200,000 from federal mineral lease proceeds.Upon further review,the funding source is
being changed from federal mineral lease proceeds to severance tax proceeds.
Please work with your DOLA Regional Manager,Chris La May,at 970-679-7679 for information on
how to proceed.I wish you success with your project.Thank you for helping Colorado build an
economy where all Coloradans can thrive.
Sincerely,
Angie Cue
EIAF Program Manager
Cc: Patrick O'Neill,Weld County
Rusty Williams,Weld County
Chris La May,DOLA
Governor Jared S.Polis I Maria De Cambra,Executive Director I Eric H.Bergman,Division Director ,,,oF'cO1o,
1313 Sherman �`'�o St.,Room 315,Denver,CO 80203 �e
Phone:303-864-7720 Fax:303-864-7719 dlg.colorado.gov
Strengthening Colorado Communities
2025-3015
I I/3 0(7-1
Docusign Envelope ID:E86BBOA2-445E-4278-BD79-C3719DD605BB
EIAF-25-121 - Weld County Keenesburg Grader Facility
State of Colorado Grant Agreement Modification
Grant Agreement Amendment #1
State Agency DLG Portal Number
Department of Local Affairs (DOLA) EIAF-25-121
Grantee Current Grant Agreement Expiration Date
Weld County August 31, 2027
Project Number and Name Prior Grant Agreement Expiration Date
EIAF-25-121 - Weld County Keenesburg Grader August 31, 2027
Facility Grant Amount
Amendment CMS Number Initial Award: $200,000.00
202322 Amendment #1 10/27/2025: $0.00
Previous CMS #(s) Total Grant Amount: $200,000.00
200112 DOLA Regional Manager
Program Name Chris La May, (970) 679-7679,
(chris.la.may@state.co.us)
Energy Et Mineral Impact Assistance Program
( EIAF ) DOLA Regional Assistant
Rebecca Buxton, (720) 682-3864,
Funding Account Codes
1520/NCCGR370A (rebecca.buxton@state.co.us)
Phase Code
SV2607
Amendment CMS Number: 202322 Version: 11.2024
zuz5-3u15
Docusign Envelope ID:E86BBOA2-445E-4278-BD79-C3719DD605BB
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that the signer is duly authorized
to execute this Amendment and to bind the Party authorizing such signature.
Grantee STATE OF COLORADO
WELD COUNTY Jared S. Polls, Governor
Colorado Department of Local Affairs
Maria De Cambra, Executive Director
Perry L Buck
Signed by:
�—C4E3A701EA0F4E5.•
By: Name of Authorized Individual By: Maria De Cambra, Executive Director
Weld County Commissioner Chair Date: 11/6/2025 110:10 PM MST
Title: Official Title of Authorized Individual
STATE OF COLORADO
/ Signed by:
Pun (, butic PRE-APPROVED FORM REVIEWER
7FD0BD9C62F843B.
*Signature DxuSigned by:
cut.
45D287CF50DE4BD
Date: 10/29/2025 10:34 AM MDT By: Angie Cue, EIAF Program Manager
Date: 10/29/2025 111:51 AM PDT
Amendment CMS Number: 202322 Version: 11.2024
Docusign Envelope ID.E86BBOA2-445E-4278-BD79-C3719DD605BB
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
"—Signed by
`-090ACD88A721474.
By: Beulah Messick, DOLA Controller Delegate
Amendment Effective Date: 11/13/2025 I 7:16 PM MST
In accordance with §24-30-202, C.R.S., this Amendment is not valid until signed and dated below by
the State Controller or an authorized delegate.
Amendment CMS Number: 200112 Version: 11.2024
1. Parties
This Grant Agreement Amendment(the"Amendment")to the Original Grant Agreement(the
"Agreement")shown on the Signature and Cover Page for this Amendment is entered into by and
between the Grantee,and the State.
2. Terminology
Except as specifically modified by the Amendment,all terms used in this Amendment that are
defined in the Agreement shall be construed and interpreted in accordance with the Agreement.
3. Amendment Effective Date and Term
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown on the Signature and Cover Page for this Amendment.The State shall not be bound
by any provision of this Amendment before that Amendment Effective Date,and shall
have no obligation to pay Grantee for any Work performed or expense incurred under this
Amendment either before or after the Amendment term shown in§3.B of this
Amendment.
B. Amendment Term
The Parties'respective performances under this Amendment and the changes to the
Agreement contained herein shall commence on the Amendment Effective Date shown on
the Signature and Cover Page for this Amendment and shall terminate on the termination
of the Agreement.
4. Purpose
The Parties entered into the agreement to construct a new Grader Facility for the Public Works
Gravel Roads Division in Weld County,Colorado.Program requests the funding source for the
Awarded Grant Funds be changed from Colorado's Mineral Leasing Fund(MLG)to Colorado's
Local Government Severance Tax Fund(SEV).This Amendment modifies the Agreement as
requested.This Amendment does not increase or decrease Grant Funds.
Amendment CMS Number: 202322 Page 1 of 2 Version:11.2024
5. Modification
The Agreement and all prior amendments thereto,if any,are modified as follows:
A. The Agreement Authority on the Agreement's Summary of Terms and Conditions is
hereby deleted:
"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.34-
63-101,et seq.(through Colorado's Mineral Leasing 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 Federal funds
(CFDA 15.437)."
and is replaced with the following in lieu thereof:
"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."
6. Limits of Effect and Order of Precedence
This Amendment is incorporated by reference into the Agreement,and the Agreement and all
prior amendments or other modifications to the Agreement,if any,remain in full force and
effect except as specifically modified in this Amendment.Except for the Special Provisions
contained in the Agreement,in the event of any conflict,inconsistency,variance,or
contradiction between the provisions of this Amendment and any of the provisions of the
Agreement or any prior modification to the Agreement,the provisions of this Amendment shall
in all respects supersede,govern,and control.The provisions of this Amendment shall only
supersede,govern,and control over the Special Provisions contained in the Agreement to the
extent that this Amendment specifically modifies those Special Provisions.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Amendment CMS Number: 202322 Page 2 of 2 Version:11.2024
Please take a look around this room.
These are the individuals who all want to help citizens and community as a whole.
Give yourselves a hand!
Each has our own piece of the larger puzzle,whether it is protecting citizens from crime;
focusing on infrastructure including water,waste,and roadways;focusing on public health,
or any other of the many topics we assist with.No one of us can do these things on our
own.It takes a wealth of ideas,and time in communication with each other,to make any
one of these things happen,especially if we want to do them well.We each value our
community and want to keep it strong.
Complex problems take creative solutions which are rarely simple,but sometimes it is just
a matter of getting a differing perspective.Sometimes it takes courage to move ahead
when we don't know the answers,yet we strive to be as informed as we can be at the time.
I am grateful to have each of you putting your energy and wisdom towards those solutions
and for your willingness to serve individual communities and our region as a whole.Our
actions make a real impact on the daily lives of our citizens.Lastly,I will ask for your
continued support to keep local government local and join us in pushing back against the
state each time they try to take more of that away.
• COLORADO
Department of Local Affairs
Division of Local Government
June 13,2025
The Honorable Perry Buck,BOCC Chair
Weld County
P.O.Box 758
Greeley,CO 80631
RE: EIAF 25-121 Weld County Keenesburg Grader Facility
Dear Commissioner Buck,
Congratulations!After thorough review,I am excited to offer a grant award in the amount of
$200,000 to assist with the above mentioned project.
Your project was reviewed based on a variety of factors such as its connection to energy
impact,degree of need,measurable outcomes,amount of request,relationship to
community goals,level of local match and community support,management capacity,
resiliency and readiness to go.Competition for these limited funds is intense and we are
seeing great demand.
This grant offer is made from federal mineral lease proceeds.
Please contact your Regional Manager,Chris La May at 970-679-7679 for information on how
to proceed.Expenditure of State funds prior to the contract being fully executed cannot be
included in the contract budget or reimbursed by the State.Per our program guidelines,this
offer is valid for one year from the date of this letter.
Thank you for helping Colorado build an economy where all Coloradans can thrive.
Governor Jared S.Polls I Maria De Cambra,Executive Director I Eric H.Bergman,Division Director
1313 Sherman St.,Room 315,Denver,CO 80203 . '
Phone:303-864-7720 Fax:303-864-7719 dtg.colorado.gov Y
Strengthening Colorado Communities
/876
goCOLORADO
Department of Local Affairs
Division of Local Govemment
Sincerely,
(33.
M 'a De Cambra
Executive Director
cc: Byron Pelton,State Senator
Carlos Barron,State Representative
Patrick O'Neill,Weld County
Rusty Williams,Weld County
Chris La May,DOLA
Governor Jared S.Polis I Maria De Cambra,Executive Director I Eric H.Bergman,Division Director,_, co ,
1313 Sherman St.,Room 315,Denver,CO 80203 yew oP"
Phone:303-864-7720 Fax:303-864-7719 dlg.colorado.gov ;o
Strengthening Colorado Communities
1876
Docusign Envelope ID:FBICE6AA-CE80-4B4E-B141-B02CDBB5EC60
State of Colorado Intergovernmental Grant Agreement
Summary of Terms and Conditions
State Agency Performance Start Date
DEPARTMENT OF LOCAL AFFAIRS(DOLA) The later of the Effective Date or June 17,
Grantee 2025
Weld County Grant Expiration Date
Project Number and Name August 31,2027
EIAF-25-121-Weld County Keenesburg Grader DOLA Regional Manager
Facility Chris La May,(970)679-7679,
DLG Portal Number (chris.la.may@state.co.us)
EIAF-25-121 DOLA Regional Assistant
CMS Number TBD
200112 Program Name
Grant Award Amount Energy M Mineral Impact Assistance Program
$200,000.00 ( EIAF
Retainage Amount Agreement Authority
$10,000.00 Authority to enter into this Grant exists in
Funding Account Codes C.R.S.24-32-106 and 29-3.5-101 and funds
CTGG1 NLAA 202500004176 have been budgeted,appropriated and
Phase Code otherwise made available pursuant to C.R.S.
FM2545 34-63-101 et seq
.(through Colorado's
VCUST# Mineral Leasing Fund)and a sufficient
14294 unencumbered balance thereof remains
Address Code available for payment.Required approvals,
AD004 EFT clearance and coordination have been
accomplished from and with appropriate
agencies.This Intergovernmental Grant
Agreement is funded,in whole or in part,with
Federal funds(CFDA 15.437).
Grant Purpose/Project Description
The Project consists of the construction of a new Grader Facility for the Public Works Gravel Roads
Division in Weld County,Colorado.
Docusign Envelope ID:FBICE6AA-CE80-4B4E-B141-B02CDBB5EC60
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit B,Scope of Project
2. Exhibit G,Sample Option Letter
In the event of a conflict of inconsistency between this Agreement and any Exhibit or attachment,
such conflict or inconsistency shall be resolved by reference to the documents in the following
order of priority:
1. Colorado Special Provisions in§17 of the main body of this Agreement
2. Any properly executed Option Letter or Amendment
3. The provisions of the other sections of the main body of this Agreement
4. Exhibit B,Scope of Project
Version:11/2024
Docusign Envelope ID:FB10E6AA-CE80-4B4E-B141-B02CDBB5EC60
Signature Page
The Signatories Listed Below Authorize this Grant
STATE OF COLORADO
Jared S.Polis,Governor
DEPARTMENT OF LOCAL AFFAIRS
DEPARTMENT OF LOCAL AFFAIRS Maria De Cambra,Executive Director
PROGRAM REVIEWER Signed by:
[ LL1.MasLt
590E1645E7884A4_-
By: Maria De Cambra,Executive Director
r-DocuSigned by:
Q (,r, , Date: 6/25/2025 1 8:41 PM MDT
•---4502B7CF50DE4BD...
By: Angie Cue,EIAF Program Manager
Date:6/25/2025 13:41 PM PDT
•
Version:11/2024
Docusign Envelope ID:FB10E6AA-CE80-4B4E-B141-B02CDBB5EC60
In accordance with§24-30-202,C.R.S.,this Agreement is not valid until signed and dated below by
the State Controller or an authorized delegate(the"Effective Date").
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
CSigned by:
am.M.t,SStftc
090AC088A721474...
By:Beulah Messick,Controller Delegate
Department of Local Affairs
Effective Date 6/27/2025 I 7:40 AM MDT
EIAF-25-121 Version:11/2024
Docusign Envelope ID:FB10E6AA-CE80-4B4E-B141-B02CDBB5EC60
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 amounts
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 that includes,to the extent practicable,the public interest justification for the
termination.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
EIAF-25-121 1 of 19 Version:11/2024
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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.Definitions
The following terms shall be construed and interpreted as follows:
A. "Agreement" means this agreement, including all attached Exhibits, all documents
incorporated by reference,all referenced statutes,rules and cited authorities,and any
future modifications thereto.
B. Reserved.
C. "Breach of Agreement"means the failure of a Party to perform any of its obligations in
accordance with this Agreement,in whole or in part or in a timely or satisfactory manner.
The institution of proceedings under any bankruptcy,insolvency,reorganization or similar
law,by or against Grantee,or the appointment of a receiver or similar officer for Grantee
or any of its property,which is not vacated or fully stayed within 30 days after the
institution of such proceeding,shall also constitute a breach.If Grantee is debarred or
suspended under S24-109-105,C.R.S.at any time during the term of this Agreement,then
such debarment or suspension shall constitute a breach.
D. "Budget"means the budget for the Work described in Exhibit B.
E. "Business Day"means any day in 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.
F. Reserved.
G. "CORA"means the Colorado Open Records Act,§§24-72-200.1 et seq.,C.R.S.
H. Reserved.
I. "Grant"or"Grant Agreement"or"Intergovernmental Grant Agreement"means this
agreement which offers Grant Funds to Grantee, including all attached Exhibits, all
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documents incorporated by reference,all referenced statutes,rules and cited authorities,
and any future updates thereto.
J. "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.
K. "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.
L. "Effective Date"or"Performance Start Date"means the Performance Start Date shown
on the first page of this Intergovernmental Grant Agreement.Work performed prior to the
Effective Date is not eligible for reimbursement from Grant Funds.
M. "Exhibits"means the exhibits and attachments included with this Grant as shown on the
Summary of Terms and Conditions page of this Intergovernmental Grant Agreement.
N. "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.
0. Reserved.
P. Reserved.
Q. "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.
R. "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.
S. "Initial Term"means the time period between the initial Performance Start Date and the
initial Grant Expiration Date.
T. "Party"means the State or Grantee,and"Parties"means both the State and Grantee.
U. Reserved.
V. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity,such as name,social security number,date and place of
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birth,mother's maiden name,or biometric records;and any other information that is
linked or linkable to an individual, such as medical, educational, financial, and
employment information.PII includes,but is not limited to,all information defined as
personally identifiable information in SS24-72-501 and 24-73-101 C.R.S."PII"shall also
mean"personal identifying information"as set forth at S 24-74-102,et.seq.,C.R.S.
W. Reserved.
X. Reserved.
Y. "Services" means the services to be performed by Grantee as set forth in this
Intergovernmental Grant Agreement,and shall include any services to be rendered by
Grantee in connection with the Goods.
Z. "State Confidential Information" means any and all State Records not subject to
disclosure under CORA.State Confidential Information shalt include,but is not limited to,
PII and 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.
AA. "State Fiscal Rules"means the fiscal rules promulgated by the Colorado State Controller
pursuant to 524-30-202(13)(a)C.R.S.
BB. "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.
CC. "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.
DD. Reserved.
EE. "Subcontractor"means third-parties,if any,engaged by Grantee to aid in performance
of the Work."Subcontractor"also includes sub-grantees.
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FF. Reserved.
GG. Reserved.
HH. Reserved.
II. "Work"means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
JJ. "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.
4.Statement of Work
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.
5.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 Amount
shown on the first page of this Intergovernmental Grant Agreement. 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.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;provided,however,that
Work performed and expenses incurred by Grantee before the Performance Start Date that
are chargeable to an active Federal Award may be submitted for reimbursement as
permitted by the terms of the Federal Award.
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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.
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,taxes or penalties of any nature,except
as required by Grantee's laws or policies.
D. Reimbursement of Grantee Costs
Upon prior written approval,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.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 Budget by providing Grantee with an executed
Option Letter or formal amendment.The State shall only reimburse allowable costs if
those costs are:(i)reasonable and necessary to accomplish the Work and for the Goods
and Services provided;and(ii)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).
E. Close-Out and Deobligation of Grant Funds.
Grantee shall close out this Grant within 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 deobligation by the State.
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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.
6.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 S5.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.
7.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 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.
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C. Final Audit Report
Grantee shall comply with all State and federal audit requirements.Grantee shall provide
copies of audits to the State upon request.
8.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 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 Services Security
Policy for all CJI,and(iv)the federal Health Insurance Portability and Accountability Act
for all 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
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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 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 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
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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 attached hereto as Exhibit E on an annual basis.Grantee's
duty and obligation to certify as set forth in Exhibit E 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.
9.Conflict 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 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.
10.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.
11.Breach of Agreement
In the event of a breach of Agreement,the aggrieved Party shall give written notice of breach
of agreement to the other party.If the notified party does not cure the breach,at its sole
expense,within 30 days after the delivery of written notice,the Party may exercise any of the
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remedies as described in§12 for that party.Notwithstanding any provision of this Agreement
to the contrary,the State,in its discretion,need not provide notice or a cure period and may
immediately terminate this Agreement in whole or in part or institute any other remedy in this
Agreement in order to protect the public interest of the State;or if Grantee is debarred or
suspended under§24-109-105,C.R.S.,the State,in its discretion,need not provide notice or
cure period and may terminate this Agreement in whole or in part or institute any other remedy
in this Agreement as of the date that the debarment or suspension takes effect.
12.Remedies
A. State's Remedies
In addition to any remedies available under any Exhibit to this Grant Agreement,if Grantee
is in breach under any provision of this Agreement and faits to cure such breach,the State,
following the notice and cure period set forth in§11,shall have all of the remedies listed
in this section in addition to all other remedies set forth in this Agreement or at law.The
State may exercise any or all of the remedies available to it,in its discretion,concurrently
or consecutively.
I. Termination for Breach
In the event of Grantee's uncured breach, the State may terminate this entire
Agreement or any part of this Agreement.Additionally,if Grantee fails to comply with
any term or condition of this Award,then the State may,in its discretion,terminate
this entire Agreement or any part of this Agreement. Grantee shall continue
performance of this Agreement to the extent not terminated,if any.
The State may also terminate this 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.
a. Obligation and Rights
To the extent specified in any termination notice,Grantee shall not incur
further obligations or render further performance past the effective date of
such notice,and shall terminate outstanding orders and subcontracts with
third parties.However,Grantee shall complete and deliver to the State all
Work not cancelled by the termination notice,and may incur obligations as
necessary to do so within this Agreement's terms.At the request of the State,
Grantee shall assign to the State all of Grantee's rights,title,and interest in
and to such terminated orders or subcontracts.Upon termination,Grantee
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shall take timely,reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest.
At the State's request,Grantee shall return materials owned by the State in
Grantee's possession at the time of any termination.Grantee shall deliver all
completed Work Product and all Work Product that was in the process of
completion to the State at the State's request.
b. Payments
Notwithstanding anything to the contrary,the State shall only pay Grantee
for accepted Work received as of the date of termination. If, after
termination by the State,the State agrees that Grantee was not in breach or
that Grantee's action or inaction was excusable,such termination shall be
treated as a termination in the public interest,and the rights and obligations
of the Parties shall be as if this Agreement had been terminated in the public
interest under S2.B.
c. Damages and Withholding
Notwithstanding any other remedial action by the State,Grantee shall remain
liable to the State for any damages sustained by the State in connection with
any breach by Grantee,and the State may withhold payment to Grantee for
the purpose of mitigating the State's damages until such time as the exact
amount of damages due to the State from Grantee is determined.The State
may withhold any amount that may be due Grantee as the State deems
necessary to protect the State against loss including,without limitation,loss
as a result of outstanding liens and excess costs incurred by the State in
procuring from third parties replacement Work as cover.
II. Remedies Not Involving Termination
The State,in its discretion,may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Grantee
to an adjustment in price or cost or an adjustment in the performance
schedule.Grantee shall promptly cease performing Work and incurring costs
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in accordance with the State's directive,and the State shall not be liable for
costs incurred by Grantee after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed,or that due to Grantee's actions or
inactions,cannot be performed or if they were performed are reasonably of
no value to the state;provided,that any denial of payment shall be equal to
the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Grantee's employees, agents, or
subcontractors from the Work whom the State deems incompetent,careless,
insubordinate, unsuitable,or otherwise unacceptable or whose continued
relation to this Agreement is deemed by the State to be contrary to the public
interest or the State's best interest.
e. Intellectual Property
If any Work infringes,or if the State in its sole discretion determines that any
Work is likely to infringe,a patent,copyright,trademark,trade secret or
other intellectual property right,Grantee shall,as approved by the State(i)
secure that right to use such work for the State and Grantee;(ii)replace the
work with non-infringing work or modify the work so that it becomes non-
infringing;or,(iii)remove any infringing work and refund the amount paid
for such work to the State.
B. Grantee's Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach,
Grantee,following the notice and cure period in§11 and the dispute resolution process in
513 shall have all remedies available at law and equity.
13.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
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writing to a senior departmental management staff member designated by the State and a
senior manager or official designated by Grantee for resolution.
14.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§14.
15.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.
16.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
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.
17.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
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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 S 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 Contract by reference.
G. Severability
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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.
H. 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.
I. 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.
J. 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.
K. Accessibility
i. 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.
ii. 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
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Accessibility Standards for Individuals with a Disability as established by OIT
pursuant to Section§24-85-103(2.5),C.R.S.
L. Reserved
18.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 contractor 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.
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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.
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 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 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 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 Agreement
shall be construed as a waiver of any provision of S24-106-109,C.R.S.
H. Software Piracy Prohibition.
State or other public funds payable under this Grantee 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 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 Grantee,including,without
limitation,immediate termination of this Agreement and any remedy consistent with
federal copyright laws or applicable licensing restrictions.
I. Employee Financial Interest/Conflict of Interest.5524-18-201 and 24-50-507 C.R.S.
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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 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-25-121-Weld County Keenesburg Grader Facility
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 the construction of a new Grader Facility for
the Public Works Gravel Roads Division in Weld County,Colorado. •
2.2.Work Description.Weld County(Grantee)will hire a qualified contractor to construct a
Grader Facility located at 31164 Weld County Road 6,in unincorporated Weld County,
Colorado.Work includes:construction of a new,approximately 4,800 square foot metal
building,insulated and heated by radiant overhead heaters,with three bays used for
equipment storage,a small office,and restrooms.Additional Work includes:site grading,
storm water drainage facilities,footer and stem wall concrete foundation,concrete
flooring,water,sewer,gas,and electric utilities,including light emitting diode(LED)
interior and exterior lighting.
The High Performance Certification Program(HPCP)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).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 and all improvements and,in accordance with 59 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 Grader
Facility 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
Page 1 of 7
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EIAF-25-121-Weld County Keenesburg Grader Facility
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.
4. DELIVERABLES
4.1.Outcome.The final outcome of this Grant is the completed construction of a new Grader
Facility for the Public Works Gravel Roads Division in Weld County,Colorado.
4.2.Service Area.The performance of the Work described within this Grant shall be located in
unincorporated Weld County,Colorado.
4.3.Performance Measures.Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will: Ij
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.
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EIAF-25-121-Weld County Keenesburg Grader Facility
Provide DOLA with Project Timeline. Within 60 days after the Effective
Date of the subcontract(s).
Provide DOLA with an electronic copy of the To be included with the Project
accepted Project photos and proof of Substantial Final Report.
Completion(i.e.Certificate of Occupancy,
Certificate of Completion,Board motion of
approval,and lien waiver).
Submit Quarterly Pay Requests See§4.5.2 below
Submit Quarterly Reports See§4.5.2 below
Submit Project Final Report November 29,2027
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
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EIAF-25-121-Weld County Keenesburg Grader Facility
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.
4.5.2. Specific submittal dates.
Quarter Year Due Date Pay Request Due Status Report Due
2,d(Apr-Jun) 2025 JULY 15,2025* Yes Yes
3rd(Jul-Sep) 2025 October 30,2025 Yes Yes
4t'(Oct-Dec) 2025 January 30,2026 Yes Yes
1st(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
4'(Oct-Dec) 2026 January 30,2027 Yes Yes
1st(Jan-Mar) 2027 April 30,2027 Yes Yes
2'(Apr-Jun) 2027 JULY 15,2027* Yes Yes
3`d(Jul-Sep) 2027 October 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 Rusty Williams,Controller,(rwilliams@weld.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.
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EIAF-25-121-Weld County Keenesburg Grader Facility
5.2.Other Key Personnel.Don Dunker,County Engineer,(ddunker@weld.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§14 of the Grant.
5.4.DLG Regional Manager:Chris La May,(970)679-7679,(chris.la.may@state.co.us)
5.5.DLG Regional Assistant:TBD
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 85%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.
6.2.Budget
Budget Line(s) Total Project Grant Other Other
Line Cost Category Cost Funds Funds Funds
Source
1 Building or Facility $1,340,000 $200,000 $1,140,000 Grantee
Construction
Total $1,340,000 $200,000 $1,140,000
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in§5 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
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EIAF-25-121-Weld County Keenesburg Grader Facility
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 64.5 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"shalt consist of a firm commitment such as a bid bond,
certified check,or other negotiable instrument accompanying a bid as assurance
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EIAF-25-121-Weld County Keenesburg Grader Facility
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 contractors 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 S8.3 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 Et 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.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 7 of 7
Docusign Envelope ID : FB10E6AA - CE80 - 464E - B141 - 802CDB85EC60
EIAF - 25 - 121 - Weld County Keenesburg Grader Facility
STATE OF COLORADO CONTRACT MODIFICATION
OPTION LETTER # Insert # Here
SIGNATURE AND COVER PAGE
State Agency
DLG Portal Number
Department of Local Affairs ( DOLA )
Insert DLG Portal number for this Project
Grantee
Current Grant Agreement Expiration Date
Insert Grantee ' s Full Legal Name
Month Day , Year
Project Number and Name
Prior Grant Agreement Expiration Date
Insert DOLA ' s project number and name
Month Day , Year
Option Letter CMS Number
Grant Amount
Insert CMS number for this Amendment
Initial Award : $ 0 . 00
Previous CMS # ( s ) Option Letter # and date effective / spendable :
Insert CMS number for orig Agreement , and any $ 0 . 00
prior chg dots Option Letter # and date effective / spendable :
Program Name $ 0 . 00
Energy Et Mineral Impact Assistance Program Total Grant Amount : $ 0 . 00
( Acctg Dropdwn EIAF ) DOLA Regional Manager
Funding Account Codes Choose an item .
Enter CTGG1 number DOLA Regional Assistant
Phase Code Choose an item .
Acctg enters Phase Code
Page 1 of 4
Docusign Envelope ID FBICE6AA-CE80-4B4E-B141-B02CDBB5EC60
EIAF-25-121-Weld County Keenesburg Grader Facility
STATE OF COLORADO STATE CONTROLLER
Jared S.Polls,Governor Robert Jaros,CPA,MBA,JD
Colorado Department of Local Affairs
By Maria De Cambra,Executive Director By Beulah Messick,DOLA Controller Delegate
Date - Effective Date:_
In accordance with§24-30-202,C.R S this
Option is not valid until signed and dated
above by the State Controller or an
authorized delegate
' J `
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
d
t `
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Docusign Envelope ID : FBICE6AA - CE80 - 4B4E - 8141 - B02CD885EC60
EIAF - 25 - 121 - Weld County Keenesburg Grader Facility
1 . OPTIONS . Choose all applicable options listed in S1 and in g2 :
A . I I Option to extend ( use this option for Extension of Time )
B . I 1 Change in the Grant Award Amount within the current term ( use this option
for an Increase or Decrease in Grant Funds , including Supplemental funding
awards )
C . I 1 Budget Line Adjustment ( s ) reallocation of awarded Grant Funds to Budget
Line ( s ) ( use this Option to redistribute existing Grant Funds between budget
lines )
2 . REQUIRED PROVISIONS . All Option Letters shall contain the appropriate provisions set
forth below :
A . For use with Option 1 ( A ) : In accordance with Section 2 ( A ) 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 for an additional term beginning Insert start
date and ending on Insert ending date . Tables in Sections 4 . 3 and 4 . 5 . 2 of
Exhibit B are deleted and replaced with the following :
Milestone / Performance Measure By :
Put Project out to bid . Within _ days of the Effective Date of this
Intergovernmental Grant Agreement .
Award and finalize subcontract ( s ) . [ give target date ]
and / or sub - grant ( s ) .
Provide DOLA with Project Timeline Within _ days of the Effective Date of the
subcontract ( s ) .
Contractor mobilization / begin Within _ days of the Effective Date of the
Work . subcontract ( s ) .
Submit Quarterly Pay Requests See § 4 . 5 . 2 below
Submit Quarterly Status Reports I See § 4 . 5 . 2 below
Submit Project Final Report [ dive date certain ]
Pale 2 of 4
Docusign Envelope ID : FB1 CE6AA - CE80 - 4B4E - B141 - B02CDBB5EC60
EIAF - 25 - 121 - Weld County Keenesburg Grader Facility
Quarter Year Due Date j Pay Request Status Report
4th ( Oct - Dec ) 2024 I January 30 , 2025 Yes Yes
1st ( Jan - Mar ) 2025 April 30 , 2025 Yes Yes
2nd ( Apr - Jun ) 2025 JULY 15 , 2025 * Yes Yes
3rd ( Jul - Sep ) 2025 October 30 , 2025 Yes Yes
4th ( Oct - Dec ) 2025 January 30 , 2026 Yes Yes
1st ( Jan - Mar ) 2026 April 30 , 2026 Yes Yes
2nd ( Apr - Jun ) 1 2026 JULY 15 , 2026 * Yes Yes
3rd ( Jul - Sep ) 2026 October 30 , 2026 Yes Yes
4th ( Oct - Dec ) 2026 January 30 , 2027 Yes Yes
B . For use with Option 1 ( B ) : In accordance with Section 5 ( A ) ( 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 increase / decrease Grant Funds awarded 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 ending dollar amt . The Budget table in Section
6 . 2 and the Payment Schedule in Section 7 . 1 , both of Exhibit B , are deleted and
replaced with the following :
Budget Line ( s ) Total Project Grant Other Other Funds
Line Cost Category Cost Funds Funds Source
#
•
Architectural / Engineering $ 0 . 00 r Grantee
Services
Construction / Improvement Grantee
of Public Roadways
Total $ 0 . 00 $ 0 . 00 $ 0 . 00
Payment Amount
Page 3 of 4
Docusign Envelope ID : FB1 CE6AA - CE80 - 4B4E - B141 - B02CDBB5EC60
HAF - 25 - 121 - Weld County Keenesburg Grader Facility
Interim Payment ( s ) Paid upon receipt of actual expense
documentation and written Pay Requests from
the Grantee for reimbursement of eligible
approved expenses .
Final Payment 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
C . For use with Option 1 ( C ) : In accordance with Section 5 ( D ) 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 Line ( s ) Total Project Grant Other Other Funds
Line Cost Category Cost Funds Funds Source
#
Architectural / Engineering $ 0 . 00 Grantee
Services
Construction / Improvement Grantee
of Public Roadways
Total $ 0 . 00 $ 0 . 00 $ 0 . 00
3 . OPTION LETTER EFFECTIVE DATE :
The effective date of this Option Letter is upon approval of the State Controller or
Month Day , Year , whichever is later .
Page 4 of 4
EIAF# 25-121 Weld County Keenesburg Grader Facility
Lead Applicant: Weld County RM:Chris La May
Project Type: PUBFAC RA:Gheda Gayou
Scope of Work
The project is the construction of a new 4,800-square-foot(sf)metal building,which includes
three bays,a small office,and restrooms,located at 31164 Weld County Road 6.The facility will
house grading equipment for road maintenance in southeast Weld County in support of the Weld
County Gravel Roads Division.The facility will be insulated and heated by radiant overhead heaters
and includes three bays for equipment storage,accessed through 20-foot x 14-foot overhead doors.
The project includes site grading;stormwater drainage facilities;concrete foundation(footer and
stem wall);concrete flooring;water,sewer,gas,and electric utilities,including light-emitting
diode(LED)interior and exterior lighting.
Demonstration of need
Weld County Public Works Gravel Roads Division currently operates out of an existing two-bay
grader facility(110 US 6),serving 260 lane miles.The facility is 35 years old and aged beyond its
effectiveness to support maintenance of Weld County's area roads.Weld County has outgrown the
existing grader facility,which is located in the Town of Keenesburg.Once a new facility is
constructed,Weld County will donate the existing two-bay facility and property to the Town of
Keenesburg to support its community service needs.
Measurable Outcomes
A new grader shed in unincorporated Weld County increases the County's equipment storage
capacity,locates facilities proximate the area served,and secures and protects equipment from
the various elements.The donation of the existing two-bay grader facility property to the Town of
Keenesburg assists the Town in meeting its facility needs as the community grows.
EIAF# 25-121 Lead Applicant: Weld County
Community Goals
The new grader facility is identified in the Weld County Facilities Master Plan and 2025 Capital
Improvement Plan.While the existing grader shed is more than thirty-five years old,the project
creates long-term gains for the Town of Keenesburg.The Town is also pursuing acquisition of an
adjacent parcel to improve its long-term community needs.
Local Effort
Weld County has budgeted the local match in its Capital Expenditures Fund.Weld County does
collect a capital expansion impact fee for unincorporated portions of the County.The impact fee
was reviewed and updated in 2021.For 2025,Weld County is anticipating collecting approximately
$225,000 in revenues to assist with its entire$81 Million in capital facilities needs for the year.On
average,a single-family dwelling capital expansion impact fee is$1,573.Weld County executed a
contract for design in the amount of$47,800.According to the County Assessor's value data,the
value of the donated land and building(current grader facility)is$120,392.
Project Readiness Begin in 0-3 Months Complete in 6-9 Months
Design Et Engineering 50%-74%-In Progress
Readiness:Score 0-2 or N/A Total Readiness Score: 12
Permitting-Easements-ROW:1 Engineering-Design:1 Zoning:NA Local Capacity:2 Financing:2
The design is advancing.Required building permits will be obtained from the Weld County Building
Department prior to construction.
Historic Register-No HPCP: No County/Impact Score(0-10):Weld 9
Implements improved energy efficiencies or strategies:Yes Population: 376,012
Resiliency Score(1-10):6
The new building will have energy efficient lighting and radiant heating.The project benefits both
Weld County and the Town of Keenesburg,which is located in a Housing and Urban Development
(HUD)low to moderate census tract.The new building provides a new asset with a 30-50 year life.
Pros:The new facility enhances the County's ability to maintain roads efficiently,while re-purposing
the existing building support local needs without additional taxpayer burden.
Cons:Weld County appears to be able to provide a higher contribution to the project.
EIAF# 25-121 Lead Applicant:Weld County
State Jurisdiction Jurisdiction P
Budget Line Item Total Cost Funds Funds In-Kind Fund Source C
Construction $1,340,000 $200,000 $1,140,000 Public Works Facilities C
Fund
Project Contingency Contingency Included
0 %
Project Total $1,340,000 $200,000 $1,140,000 $0
State/local share of total project 15% 85% %local match 100%
costs confirmed
Financial Data: Special/Enterprise Fund: Capital
Property Tax Revenue $306,627,137 Budget Revenues $82,933,927
Sales Tax Est.Annual Revenue $0 Budget Expenditures $46,989,534
General Fund Budget Revenues $250,656,157 Total Outstanding Debt
General Fund Budget Expenditures $250,736,328 Fund Mill Levy 3.350
General Fund Balance $97,597,498 Fund Balance $84,505,689
General Fund Balance%Available 39 %
General Fund Unassigned Balance $73,902,463 Water/Sewer Tap Fee
Total Outstanding Debt(all funds) $0 Water/Sewer#of Taps
Total Mill Levy 15.956 is<statewide median 18.524 counties>25,000
Sales Tax Rate 0% is<statewide median 1.00%counties>25,000
Monthly Water User Charge N/A $59.19
Monthly Sewer User Charge N/A $41.23
Applicant Questions:
What are the consequences of partial funding?
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 Review Date* Renewal Date
10/01/2026
Termination Notice Period Committed Delivery Date Expiration Date*
1 0/01/2026
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 10/31/2025
Approval Process
Department Head Finance Approver Legal Counsel
CURTIS NAIBAUER CONSENT CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
10/31/2025 10/31/2025 10/31/2025
Final Approval
BOCC Approved Tyler Ref#
AG 110325
BOCC Signed Date Originator
CNAIBAUER
BOCC Agenda Date
11/03/2025
Contract Form
Entity Information
Entity Name* Entity ID* Q New Entity?
COLORADO DEPARTMENT OF @00003104
LOCAL AFFAIRS
Contract Name* Contract ID Parent Contract ID
KEENESBURG GRADER SHED GRANT 10032
Contract Status Contract Lead* Requires Board Approval
CTB REVIEW CNAIBAUER YES
Contract Lead Email Department Project#
cnaibauer@weld.gov
Contract Description*
GRANT APPROVAL FOR THE KEENESBURG GRADER SHED.
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
GRANT BUILDINGS AND Date* 10/30/2025
GROUNDS 11/03/2025
Amount*
$200,000.00 Department Email Will a work session with BOCC be required?*
CM- NO
Renewable* BuildingGrounds@weld.go
NO Does Contract require Purchasing Dept.to be
included?
Automatic Renewal Department Head Email
CM-BuildingGrounds-
Grant DeptHead@weld.gov
County Attorney
IGA GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
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