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Home My WebLink About20195198.tiffCOLORADO Department of Local Affairs Division of Local Government July 30, 2019 The Honorable Barbara Kirkmeyer, Chair `veld County PO Box 758 Greeley, CO 80632 RE: EIAF 8928 a weld County Road 29 Improvements Dear Chair Kirkmeyer: The Department of Local Affairs is in receipt of your application for state Energy and Mineral Impact Assistance funds, These revenues are derived from oil, gas, carbon dioxide, coal, and metals extracted in Colorado. 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 goats, level of local match and community support, management capacity, and readiness to go. Competition for these limited funds was intense and we had many more requests than we had funds available. Congratulations! After thorough review, i am excited to offer a grant award in the amount of $1,000,000 for the paving of approximately 5 miles of weld County Road 29. These grant funds will be from state severance tax proceeds, which may cause you to go to election to receive and spend them. You should confer with your legal and budget advisors to determine if such an election is necessary. Please contact your DOLA Regional Manager, Don Sandoval, at 970-67904501 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. I wish you success with your project. Thank you for helping Colorado build an economy where alt Coloradans can thrive. Sincerely, Rick M. Garcia Executive Director cc: John Cooke, State Senator Mary Young, State Representative Barbara Connolly, Controller Don Sandoval, DOD\ Governor Jared Polls I Rick M. Garcia, Executive Director I Chantat Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/ Tfl 303.864.7758 www. dota. cotorado.gcry Strengthening Colorado Communities C�nnrnu `¢ a c a,'H O INS coc Pc/J(Ss).O.C T( C c0) O7'&a 1 9 i 2019-5198 ©gi ( tt9 aa OO1 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF CTGG1 NLAA 202O'2210 SUMMARY OF GRANT AWARD TERMS AND CONDITIONS State Agency Department of Local Affairs Encumbrance Number F20S8928 CMS Number 141502 Grantee Weld County Grant Award Amount $1,000,000.00 Retainage Amount $50,000.00 Project Number and Name EIAF 8928 — Weld County 29 Road Improvements Performance Start Date The later of the Effective Date or August 23, 2019 Grant Expiration Date January 31, 2021 Project Description The Project consists of the paving of approximately 5 miles of Weld County Road (WCR) 29 from WCR 100 to WCR 90. Program Name Energy & Mineral Impact Assistance Program (EIAF) Funding Source STATE FUNDS Catalog of Federal Domestic Assistance (CFDA) Number N/A DOLA Regional Manager Don Sandoval, (970) 679-4501., Funding Account Codes N/A (don.sandoval(a state.co.us) DOLA Regional Assistant Robert Thompson, (970) 679-4503, VCUST# 14298 Address Code CN007 EFT (robert.thompson (a,state.co.0 s) THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT Date: DEPARTMENT OF LOCAL AFFAIRS PROGRAM REVIEWER bocuSigned by: D y.11414 9FA2A33AF12E49C... By: TaraTubb,EIAF Program Manager 8/29/2O19 I 9:37 AM MDT STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Rick M. Garcia, Executive Director , —DocuSigned by: NAX4au B1y4+.t —6128BB815FE0431... By: Rick M. Garcia, Executive Director Date: 8/29/2019 I 10:21 AM MDT In accordance with §24-30-202 C.R.S., this Grant 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 f—DocuSigned by: c14St Cta —9C3D102D59B2427_. By: Yingtse Cha, Controller Delegate Department of Local Affairs 8/29/2019 I 3:33 PM MDT Effective Date: DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. This Grant Award Letter is funded, in whole or in part, with State funds. 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. Reserved. B. Reserved. C. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. D. "Exhibits" means the following exhibits attached to this Grant Award Letter: i. Exhibit B, Scope of Project ii. Exhibit G, Form of Option Letter E. "Extension Term" means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter, an amendment, or an Option Letter. F. Reserved. G. Reserved. H. "Goods" weans any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. I. "Grant Award Letter" or "Grant" means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rubs and cited authorities, and any future updates thereto. J. "Grant Expiration Date" means the Grant Expiration Date shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. K. "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 Grant Award Letter. L. "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. M. "Initial Term" means the time period between the Performance Start Date and the initial Grant Expiration Date. N. Reserved. O. "Other Funds" means all funds necessary to complete the Project, excluding Grant Funds. Grantee is solely responsible for securing all Other Funds. P. "Party" means the State or Grantee, and "Parties" means both the State and Grantee. Page 3 of 10 Version 0717 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements Q. "Performance Start Date" means the later of the Performance Start Date or the Execution Date shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. R. Reserved. S. Reserved. T. Reserved. U. "Project" means the overall project described in Exhibit B, which includes the Work. V. "Project Budget" means the amounts detailed in §6.2 of Exhibit B. W. Reserved. X. Reserved. Y. "Services" means the services performed by Grantee as set forth in this Grant Award Letter, and shall include any services 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 shall include, but is not limited to State personnel records not subject to disclosure under CORA. AA. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(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. FF. Reserved. GG. Reserved. HH. Reserved. II. "Work" means the delivery of the Goods and performance of the Services described in this Grant Award Letter. 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 Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. Page 4 of 10 Version 0717 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements 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 Grant Award Letter 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 Grant Award Letter. 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 Grant Award Terms and Conditions page of this Grant Award Letter. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Grant Award Letter 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. 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 Grant Award Letter, 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. 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 Grant Award Letter each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter 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. Page 5 of 10 Version 0717 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements D. Reimbursement of Grantee Costs The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Project Budget in Exhibit B. 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 Grant Award Letter and Grantee's final reimbursement request or invoice. Any Grant Funds remaining after submission and payment of Grantee's final reimbursement request are subject to de -obligation by 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 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 Grant Award Letter using procedures as determined by the State. 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. Page 6 of 10 version 0717 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements 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 Grant Award Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security (http://oit.state.co.us/ois) and all applicable laws, rules, policies, publications, and guidelines. 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 Grant Award Letter. 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 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. Page 7 of 10 Version 0717 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements 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 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. 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 Grant Award Letter, 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 Grant Award Letter 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 Grant Award Letter 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 GIA; the Federal Tort Claims Act, 28 U.S.C. Page 8 of 10 Version 0717 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements 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 Grant Award Letter shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of these provisions. 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 Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter 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 Grant Award Letter 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 Grant Award Letter. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, 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 Grant Award Letter 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 will 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. Order of Precedence In the event of a conflict or inconsistency between this Grant Award Letter and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Any executed Option Letter ii. The provisions of this Grant Award Letter. iii. The provisions of any exhibits to this Grant Award Letter. Page 9 of 10 Version 0717 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, 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 Grant Award Letter Terms Any provision of this Grant Award Letter 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 Grant Award Letter 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 Grant Award Letter, 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. Reserved. L. Digital Signatures If any signatory signs this Grant 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 Grant by reference. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 10 Version 0717 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements 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 paving of approximately 5 miles of Weld County Road (WCR) 29 from WCR 100 to WCR 90. 2.2. Work Description. Weld County (Grantee) will purchase materials for construction of a full depth reconstruction of Weld County Road (WCR) 29 from WCR 100 to WCR 90, including asphalt paving. The County crews will complete the construction and paving of the road with the materials acquired for the Project. Grantee will own the road. 2.2.1. A contract for the purchase or acquisition of materials, equipment, or vehicles shall be awarded by Grantee to a qualified vendor or firm through a competitive selection process with the Grantee being obligated to award the contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 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: gravel, asphalt and cement products to be used for the full depth construction improvements of Weld County Road 29. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. "Equipment, Vehicles or Materials Acquisition" means vehicles, equipment and materials costs, freight costs, RFP/Bid advertisement costs, hardware, software and training costs, installation costs, 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 paving of approximately 5 miles of Weld County Road 29, resulting in a safe, paved roadway for the travelling public in Northern Weld County. 4.2. Service Area. The performance of the Work described within this Grant shall be located in Weld County, Colorado. 4.3. Performance Measures. Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: BE Put Project out to bid. Within 90 days after the Effective Date of this Grant Award Letter. Award and finalize subcontract(s) and/or sub-grant(s). Within 30 days of the bid opening. Page 1 of 5 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements Provide DOLA with bid tab. Within 30 days of the bid opening. Provide DOLA with Project Timeline Within 90 days after the Effective Date of this Grant Award Letter. Provide photos of the Project's progress with each request for reimbursement. See §4.5.2 below Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below Submit Project Final Report May 1, 2021 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. 4.5.2. Specific submittal dates. Quarter Year Due Date Pay Request Due Status Report Due 3'd (Jul -Sep) 2019 October 30, 2019 Yes Yes 4th (Oct -Dec) 2019 January 30, 2020 Yes Yes 1St (Jan -Mar) 2020 April 30, 2020 Yes Yes 2°d (Apr -Jun) 2020 July 30, 2020 Yes Yes 3'd (Jul -Sep) 2020 October 30, 2020 Yes Yes 4th (Oct -Dec) 2020 January 30, 2021 Yes Yes 1St (Jan -Mar) 2021 April 30, 2021 Yes Yes 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 Page 2 of 5 DocuSign Envelope ID: 065AE903-8E6A4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements 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 Barbara Conmlly, Controller, bconnollv(aweldgov.com, 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 Relford, Deputy Public Works Director, erelford(&,weldgov.com. 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: Don Sandoval, (970) 679-4501, (don.sandoval(&,state.co.us) 5.5. DLG Regional Assistant: Robert Thompson, (970) 679-4503, (robert.thompson(a,state.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 50% 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 Grant Award Letter and/or Exhibit B. 6.2. Budget Budget Iine(s) Total Project Cost Grant Funds Other Funds Other Funds Source Line # Cost Category 1 Equipment, Vehicles or Materials Acquisition $2,004,460 $1,000,000 $1,004,460 Grantee Total $2,004,460 $1,000,000 $1,004,460 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) $950,000 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment $50,000 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 $1,000,000 Page 3 of 5 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements 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 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. Page 4 of 5 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 — Weld County 29 Road Improvements 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 5 of 5 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 n • • =,-= 'I, :ilia le. t 1: rt: Q S' 't .I tii 7,.. ,;,. itj EIAF 8928 — Weld Courty 29 Road Improvements, OPTION LETTER #Insert # Here SIGNATURE AND COVER PAGE State Agency Encumbrance Number Option Letter CMS , :` _� Department of Local A 'fairs Insert number DLG for this encumbrance Project Insert Number CMS number for this Amendment Grantee Previous CMS #(s) tf =' Insert Grantee's Full Legal Name Insert CMS number for orig Agreement, and any prior chg dots Project Number and Name Grant Amount ' Insert DOLA's project -lumber and name Initial Award: $Insert orig award amt Option Letter ## and date effective/spendable: $0.00 Option Letter I/Il and date $0.00 Total Grant Amount: effective/spendable: $Insert total award to date DOLA Regional Manager Prior Grant Agreement Current Grant Agreement Choose an item. Expiration Date Expiration Date DOLA Regional Assis-ant Month Day, Year Month Day, Year Choose an item. 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 Colorado By: Jared S. Department Polis GOVERNOR of Local Affairs Rick Date: M. Garcia, Executive Director ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller dated below to approve all by the State State contracts. Controller or delegate. This Option Letter is not valid until signed and STATE CONTROLLER Robert Jaros, By: CPA, MBA, JD Yingtse Cha, Controller Effective Date: Delegate Pa2e 1 of 3 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 EIAF 8928 - 1) OPTIONS: Weld County 29 Road Choose all applicable Improvements options listed in §1 and in §2 a. Option to extend (use this option for Extension of Time) b. Change in the Grant Award Amount within the current term (use this option for an Increase or Decrease in Grant Funds, including Supplemental funding al/yards) c. Budget Line Adjustment(s) — reallocation of awarded Grant Funds to Budget Line(s) (use this 2) REQUIRED Option to PROVISIONS. redistribute All existing Option Grant Letters Funds shall between contain the budget lines) appropriate provisions set forth below: a. For use with Option 1(a): In accordance with Section 2(A) of the original Grant Award Letter 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 Grant Award Letter. Award and finalize subcontract(s) and/or sub- [give target date] i grant(s). Provide DOLA with Project Timeline Within days of the Effective Date of the subcontract(s). Contractor mobilization/begin Work. Within days of the Effective Date of the subcontract(s). Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below i �` Submit Project Final Report [give date certain] Quarter Year Due Date Pay Request Status Report 2°d (Apr -Jun) 2019 July 30, 2019 Yes Yes 3rd (Jul -Sep) 2019 October 30, 2019 Yes Yes 4th (Oct -Dee) 2019 January 30, 2020 Yes Yes Pt (Jan -Mar) 2020 April 30, 2020 Yes Yes b. For use with Option 1(b): In accordance with Section 7(A)(i) of the original Grant Award Letter 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 to on the ending dollar Summary amt. The of Grant Award Budget table Terms and in Section Conditions 6.2 and the page of this Payment Grant Schedule Award in Section Letter 7.1, is both hereby of changed Exhibit B, are deleted and replaced with the following: Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds Line # Cost Category Source Architectural/Engineering Services S 0.00 Grantee Construction/Improvement Public Roadways of Grantee Total S 0.00 $ 0.00 S 0.00 Payment Amount Interim Payment(s) Paid upon receipt of actual expense documentation and written of eligible Pay approved Requests from expenses. the Grantee for reimbursement Page 2 of 3 DocuSign Envelope ID: 065AE903-8E6A-4635-AD11-847D9C6D38D4 ,ill iiii , S in EIAF 3) Effective is 8928 c. State State in later. — Weld Courty 29 Road Improvements the Final Payment Paid determined the required upon Grantee reports. Substantial by has the State submitted, Completion in its and sole DOLA discretion), of the Project (as provided has accepted, all that Total For use with Option 1(c): In and deleted accordance to through re -allocate and the replaced with Colorado awarded Section with Department Grant the 7(D)(i) following: of Funds the of within Local original the Grant Affairs, Project and Award Budget. Letter between the table Section of Colorado, hereby exercises 6.2 of acting Exhibit its by option B is Grantee's Name, The Budget Budget Line(s) ;z ? -' . Total Cost Project Grant Funds Other Funds Source Other Funds Line Cost Category Architectural/Engineering Services $ 0.00 Grantee Construction/Improvement Public Roadways of Grantee Total S 0.00 S 0.00 S 0.00 Date. The effective THE date REST of OF this Option THIS Letter PAGE Page is INTENTIONALLY 3 of upon 3 approval of the State LEFT BLANK Controller or whichever , Cheryl Hoffman Fr T Cc: Subject: Attachme ts: Barb Connolly Thursday, July 23, 2020 7:25 AM Cheryl Hoffman; Esther Gesick Stacey Swanson RE: Tyler EIAF 8928 - Weld County Road 29 Phase II Exhibit B.pdf; EIAF 8928 - Weld County Road 29 Phase lI Exhibit G.pdf; EIAF 8928 - Weld County Road 29 Phase II Contract.pdf Thanks you Cheryl. Are we going to get the rest of this scanned in also? I have attached to actual grant to this email. Thank goodness Stacey had saved. I don't know what happened to mine. I am sure at some point I will find in a different folder. Ead CPA' arbara Connolly, CPA ..Feld County Government Controfer and Purchasing irector 115 O Stret reeley, CO $0631 (970) 400 -4445 Stay Safe St. y Strong Stay Focused Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Wednesday/ July 22, 2020 10:17 AM To: Esther Gesick <egesick@weldgov.com>; Barb Connolly <bconnolly@weldgov.com> Cc: Stacey Swanson <sswanson@weldgov.com> Subject: RE: Tyler Okay, this was quite a project. Thanks for keeping us on our toes, Barb. Here's what I found. EIAF 8928 — PHASE II 1 Application — 2019-1239 (corrected in Tyler) — approved by Resolution 03/27/19 Approval Letter — 2019-1239 — dated 07/30/19 — on our 08/26/19 agenda under Communications (also being fixed on that agenda) EIAF 8798 — PHASE Application — 2018-2440 — approved by Resolution 07/30/18 Letter sent by Chair Moreno — 2018-3618 — dated 11/07/18 — on our 11/14/18 agenda under Communications Approval Letter — 2018-3759 — dated 11/30/18 — on our 12/26/18 agenda under Communications Summary of Grant Award Terms and Conditions — 2019-5197 (fixed and scanned under new number) — on our 08/26/19 agenda under Communications I hope this is what you needed, Barb? Let me know if I can be of further assistance. Have a wonderful day! Cher a Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Esther Gesick <egesick@weldgov.com> Sent: Wednesday, July 22, 2020 8:41 AM To: Barb Connolly <bconnolly@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Stacey Swanson <sswanson@weldgov.com> Subject: RE: Tyler Hi Barb, I've pulled the file/documents and reviewed the inconsistencies and errors (unrelated print jobs) with Cheryl/ so I'm pulling her into the email string so she can assist as you and Stacey sort through this. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758lGreeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Wednesday, July 22, 2020 7:18 AM To: Barb Connolly <bconnolly@weldgov.com> Subject: Re: Tyler 2 Well this is a head slap momert! I'll be occupied with the Martin Marietta hearing today but will try to monitor and respond to messages when able. Esther Gesick Clerk to the Board Sent from my iPhone On Jul 22, 2020, at 7:12 AM, Barb Connolly <bconnolly@weldgov.com>wrote: Esther, This is two different grants in this document. There were two DOLA grants for CR 29. Phase 1 is EIAF 8798. This was awarded November 30,2018 and completed September 2019. The second Phase, which is what I am looking fo-, was awarded July 30, 2019 and is EIAF 8928. In the document you sent we have both. Looks to me like page 1 and 19-62 are EIAF 8928, application. The rest is the actual grant for EIAF 8798. There is also planning commission meeting summary starting on page 49-54, then 54-62 looks to be letter sent in on discussion of paving the road. Not sure how much all of that should be there. We still do not have a copy of the award on EIAF 8928. I have asked Staci for it so I will let you know what I get. ES &not*, eP4 Barbara Connolly, CPA Weld County Government Controller and Purchasing Director 1150 O Street Greeley, CO 80631 (970) 400-4445 Stay Safe Stay Strong Stay Focused <image001.Jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidentia or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <`gesick@weldgov.com> Sent: Tuesday, July 21, 2020 5:38 PM To: Barb Connolly <boc nnolly@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: RE: Tyler The document is too large to email, so you'll need to open #2O19-1239. I see the issue of confusion. The Grant Award Agreement is EIAF 8798 and the award letter came with EIAF 8928. They each have the same project name, but are for differing amounts, so I don't know if they were mismatched, or if there is a numbering error, because I can find nothing else with 8928 on it. I went ahead and added it to the index field for now until we get it sorted out. Perhaps Stacey can shed some light on this? Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758lGreeley, CO 80632 tel: (970) 400-4226 <imageOO2.png> Confidentiality Notice: This electronic transmission anc any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Barb Connolly <bconnolly@weldgov.com> Sent: Tuesday, July 21, 2020 4:51 PM To: Esther Gesick <egesick@weldgov.com> Subject: RE: Tyler RE: EIAF 8928 - Weld County Road 29 Improvements tend egagolley, 6,79 Barbara Connolly, CPA Weld County Government Controller and Purchasing Director 1150 O Street Greeley, CO 80631 (970) 400-4445 Stay Safe Stay Strong Stay Focused <imageOO1.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any 4 disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weldgov.com> Sent: Tuesday, July 21, 2020 4:33 PM To: Barb Connolly <bconnolly@weldgov.com> Subject: RE: Tyler I'm not seeing it either, but on the off chance we missed indexing the EIAF number, what is the project name and I'll try looking it up that way too. Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 <image002.png> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Barb Connolly <bconnolly@weldgov.com> Sent: Tuesday, July 21, 2020 4:23 PM To: Esther Gesick <egesick@weldgov.com> Subject: Tyler Esther I do not see that the DOLA EIAF 8928 is in Tyler. I have an award letter dated July 30, 2019. I need copy of the grant so I can make sure we are submitting expenses correctly. teva &mg*, 9Pd Barbara Connolly, CPA Weld County Government Controller and Purchasing Director 1150 O Street. Greeley, CO 80631 (970) 400-4445 Stay Safe Stay Strong Stay Focused <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication 5 in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Hello