HomeMy WebLinkAbout20192130.tiffRESOLUTION
RE: APPROVE ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM (EIAF)
GRANT APPLICATION, SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
CONTRACT FOR PURCHASE OF WELD COUNTY DEPARTMENT OF PUBLIC
WORKS BUILDING (1301 NORTH 17TH AVENUE) AND AUTHORIZE ELECTRONIC
SIGNATURE AND SUBMITTAL
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 Energy and Mineral Impact Assistance
Program (EIAF) Grant Application and a Summary of Grant Award Terms and Conditions Contract
for the purchase of the Weld County Department of Public Works Building (1301 North
17th Avenue, Greeley, Colorado 80631), between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and the Colorado Department of Local Affairs, commencing upon full execution of
signatures, and ending May 31, 2020, with further terms and conditions being as stated in said
application and contract, and
WHEREAS, after review, the Board deems it advisable to approve said application and
contract, a copy 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 Energy and Mineral Impact Assistance Program (EIAF) Grant
Application and Summary of Grant Award Terms and Conditions Contract for the purchase of the
Weld County Department of Public Works Building (1301 North 17th Avenue, Greeley, Colorado
80631), between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado
Department of Local Affairs, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the application be, and hereby is,
authorized for electronic submittal, nunc pro tunc December 12, 2018.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract electronically.
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2019-2130
EG0076
RE: ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM (EIAF) GRANT
APPLICATION AND SUMMARY OF GRANT AWARD TERMS AND CONDITIONS CONTRACT
FOR PURCHASE OF WELD COUNTY DEPARTMENT OF PUBLIC WORKS BUILDING (1301
NORTH 17TH AVENUE)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLORADO
ATTEST: d�/s) bdi,; ok
Weld County Clerk to the Board
BY: a .
AP
eputy Clerk to the Board
Date of signature: OCo( 17119
arbara Kirkmeydr, Chair
c
Mike Freeman, Pro-Tem
. James
ounty • ttorney
teve Moreno
2019-2130
EG0076
MEMORANDUM
TO: Board of County Commissioners
DATE: June 6, 2019
FROM: Stacey Swanson, Budget Manager
SUBJECT: EIAF 8886 — Building Purchase DOLA
Contract
Public Works is requesting the Board authorize the Chair's signature on this Tier II DOLA
grant agreement in the amount of $1,000,000 for the Energy Impact Assistance Fund
(EIAF) grant for the purchase of a building located at 1301 North 17th Avenue, Greeley,
Colorado 80631. Public Works will use the building to allow our Operations Division more
room to manage staffing of multiple divisions, equipment and storage. The total cost to the
county is estimated at $2,600,000.
Staff recommends authorization of signature on the DOLA contract. I am available to
answer any questions you may have.
2019-2130
E.G oico
DocuSign Envelope ID: 96AA3ADF-8819-4E4D-B945-15AFB800812C
Effective Date:
EIAF
CTGG1 NLAA 20193532
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Department of Local Affairs
Encumbrance Number
F19S8886
CMS Number
129185
Grantee
WELD COUNTY
Grant Award Amount
$1,000,000.00
Retainage Amount
$50,000.00
Project Number and Name
EIAF 8886 - Weld County Public Works Building Purchase
Performance Start Date
The later of the Effective Date
or 04/15/2019
Grant Expiration Date
05/31/2020
Project Description
The Project consists of the purchase of a building adjacent to
the Weld County campus for public works operations.
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, (don.sandoval(&,state.co.us)
Funding Account Codes
N/A
DOLA Regional Assistant
Robert Thomason, (970) 679-4503,
VCUST#
14294
Address
Code CN007 EFT
(robert.thompson(a� state.co. us)
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
DocuSigned by:
tart fits
Date:
\-9FA2A33AF12E49C_.
By: Tara Tubb, EIAF Program Manager
5/17/2019 11:02 PM MDT
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Rick M. Garcia, Executive Director
—DocuSigned by:
�GcCry FUR
�— F4G4CFA6FDAD405...
By: Rick M. Garcia, Executive Director
Date:
5/17/2019 I 2:08 PM 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
PDocuSignedbyy,:
itit4S(' rn
9C3D102O59B2427...
By: Yingtse Cha, Controller Delegate
Department of Local Affairs
5/22/2019 I 7:52 AM MDT
DocuSign Envelope ID: 96AA3ADF-8819-4E4D-8945-15AFB800812C
EIAF 8886 - Weld County Public Works Building Purchase
TERMS AND CONDITIONS
1. GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Grant Award Terms
and Conditions page of this Grant Award Letter (the "State") hereby obligates and awards to
Grantee shown on the Summary of Grant Award Terms and Conditions page of this Grant Award
Letter (the "Grantee") an award of Grant Funds in the amount shown on the Summary of Grant
Award Terms and Conditions page of this Grant Award Letter. By accepting the Grant Funds
provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions
of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award
Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter 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 Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with an updated Grant Award Letter or an executed Option Letter
showing the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds used
for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund
this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee. If the State terminates this Grant
Award Letter in the public interest, the State shall pay Grantee an amount equal to the
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter 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
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EIAF 8886 - Weld County Public Works Building Purchase
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C. Reserved.
3. AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A. Reserved.
B. State Authority
Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have
been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110
(Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof
remains available for payment. Required approvals, clearance and coordination have been
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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" means 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, rules 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.
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.
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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.
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
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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.
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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.
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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.
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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.
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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 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. 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.
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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.
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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 purchase of a building adjacent to the Weld County
campus for public works operations.
2.2. Work Description. Weld County (Grantee) will purchase a building adjacent to the County campus
for public works operations. The building is located at 1301 North 17th Avenue, Greeley Colorado.
The building is approximately 28,095 square feet on 3.25 acres of land. The Grantee will own the
building.
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: real property purchase price, appraisal fees,
closing costs, legal and attorney's fees.
3. DEFINITIONS
3.1. Project Budget Lines.
3.1.1. "Real Property Acquisition" means real property purchase price, right-of-way acquisition costs,
appraisal fees, closing costs, legal 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 purchase of a new public works building in Greeley,
Colorado, that will allow for better operational use of several current public works buildings which are
using vehicle storage space as offices. The new facility will relocate some offices into the new building
and open up vehicle maintenance space in other buildings.
4.2. Service Area. The performance of the Work described within this Grant shall be located in Weld
County in Greeley, Colorado.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will:
LIE
Award and finalize purchase
Within 30 days after the
Effective Date of this
Grant Award Letter.
Provide DOLA with photographs of the purchased building.
Within 30 days after the
Effective Date of this
Grant Award Letter.
Provide DOLA with the purchase documents.
With Pay Request.
Submit Monthly Pay Requests
See §4.5.2 below
Page 1 of 5
DocuSign Envelope ID: 96AA3ADF-8819-4E4D-B945-15AFB800812C
EIAF 8886 - Weld County Public Works Building Purchase
Submit Monthly Status Reports
See §4.5.2 below
Submit Project Final Report
August 29, 2020
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. Monthly Pay Request and Status Reports. Beginning 30 days after the end of the first month
following execution of this Grant and for each month 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 month but may be submitted
more frequently at the discretion of the Grantee.
4.5.1. For months 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 month, including an estimate of Grant Funds to be expended.
4.5.2. Specific submittal dates.
Month
Year
Due Date
Pay Request Due
Status Report Due
April
2019
May 30, 2019
Yes
Yes
May
2019
June 30, 2019
Yes
Yes
June
2019
July 30, 2019
Yes
Yes
July
2019
August 30, 2019
Yes
Yes
August
2019
September 30, 2019
Yes
Yes
September
2019
October 30, 2019
Yes
Yes
October
2019
November 30, 2019
Yes
Yes
November
2019
December 30, 2019
Yes
Yes
December
2019
January 30, 2020
Yes
Yes
January
2020
March 2, 2020
Yes
Yes
February
2020
March 30, 2020
Yes
Yes
March
2020
April 30, 2020
Yes
Yes
April
2020
May 30, 2020
Yes
Yes
May
2020
June 30, 2020
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: 96AA3ADF-8819-4E4D-B945-15AFB800812C
EIAF 8886 - Weld County Public Works Building Purchase
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 Connolly, Controller, bconnolly(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(aiweldgov.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(u,state.co.us)
5.5. DLG Regional Assistant: Robert Thompson, (970) 679-4503, (robert.thompson(astate.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 65% 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, Line(s)
Total Project
Cost
Grant
Funds
Other
Funds
Other
Funds
Source
Line
Cost Category.
1
Real Property Acquisition
$3,600,000
$1,000,000
$2,600,000
Grantee
Total
$3,600,000
$1,000,000
$2,600,000
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to
DOLA.
Payment
Amount
Interim Payment(s)
$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: 96AA3ADF-8819-4E4D-8945-15AFB800812C
EIAF 8886 - Weld County Public Works Building Purchase
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: 96AA3ADF-8819-4E4D-8945-15AFB800812C
EIAF 8886 - Weld County Public Works Building Purchase
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: 96AA3ADF-8819-4E4D-B945-15AFB800812C
EIAF 8886 - Weld
County Public
Works
Building
Purchase
OPTION
LETTER
#Insert #
Here
SIGNATURE
AND
COVER
PAGE
State
Agency
Encumbrance
Number
Option Letter
CMS
Department
of Local
Affairs
Insert
DLG
encumbrance
Number
number
for this
Project
Insert
CMS
number
for
this
Amendment
Grantee
Previous
CMS #(s)
Insert
Grantee's
Full
Legal Name
Insert
CMS
number
for orig Agreement,
and
any
prior chg
does
Project
Number
and
Name
Grant
Amount
Insert
DOLA's
project
number
and
name
Initial
Option
Option
Award:
Letter
Letter
## and
##
date
date
effective/spendable:
effective/spendable:
$Insert
orig
award
$0.00
$0.00
amt
Total
Grant
and
Amount:
$Insert
total
award
to
date
DOLA
Regional
Manager
Prior Grant
Agreement
Current
Grant
Agreement
Choose
DOLA
an item.
Regional
Assistant
Expiration
Month
Date
Day, Year
Expiration
Month
Date
Day, Year
Choose
an item.
THE
PARTIES
HERETO
HAVE
EXECUTED
THIS
O
'TION
LETTER
Each person
signing this
Option
Option
Letter
Letter
and
represents
to
bind
the
and
Party
warrants
authorizing
that
he
or she
his or
is duly
her signature.
authorized
to execute
this
Colorado
By:
Jared
STATE
S.
Department
OF
Polis
COLORADO
GOVERNOR
of
Local
Affairs
Rick
M. Garcia, Executive
Date:
Director
ALL
CONTRACTS
REQUIRE APPROVAL
BY THE STATE
CONTROLLER
CRS §24-30-202
requires the State Controller
dated
to approve
below
by the
all State contracts.
State Controller
or delegate.
This Option Letter is not valid until signed and
STATE
CONTROLLER
By:
Robert
Jaros, CPA,
MBA, JD
Yingtse
Effective
Cha,
Date:
Controller
Delegate
Page 1 of 3
DocuSign Envelope ID: 96AA3ADF-8819-4E4D-B945-15AFB800812O
,'
-i
Id,
EIAF 8886 -
1) OPTIONS:
Weld
County
Choose
Public
all
applicable
Works
Building
options
Purchase
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 awards)
c.
Budget
Line Adjustment(s)
— reallocation
of
awarded
Grant
Funds
to
Budget
Line(s) (use this
,
`f'
2) REQUIRED
Option
P
to
,'- ®VISIONS.
redistribute
All
existing
Option
Grant
Letters
Funds
shall
between
contain
the
budget
appropriate
lines)
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
s
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:
.:4
'''
Milestone/Performance
Measure
Ryj
b
u
Put
Project
out
to
bid.
Within days
of the
Effective
Date of this
Grant Award
Letter.
.
Award
grant(s).
and
finalize
subcontract(s)
and/or
sub-
[give target
date]
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
Monthly
Pay Requests
See
§4.5.2
below
Submit
Monthly
Status Reports
See
§4.5.2
below
Submit
Project
Final
Report
[give
date
certain]
Month
Year
Due
Date
Pay Request
Status Report
June
2019
July
30,
2019
Yes
Yes
July
2019
August
30,
2019
Yes
Yes
August
2019
September
30,
2019
Yes
Yes
‘.4
September
2019
October
30,
2019
Yes
Yes
b. For
use with
Option 1(b)
o 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
ending
on the
dollar
Summary
amt. The
of
Grant Award
Budget table
Terms and
in Section
Conditions
6.2 and
the
page of
Payment
this Grant
Schedule
Award
in Section
Letter
7.1,
is
both
hereby
changed
of Exhibit
B,
are deleted
and
replaced
with the
following:
j`.
Budget
Line(s)
Total Project
Cost
Grant
Funds
Other
Funds
Other
Funds
Line
Cost
Category
Source
Architectural/Engineering
Services
$ 0.00
Grantee
Construction/Improvement
Public
Roadways
of
Grantee
-"
Total
$ 0.00
$ 0.00
$ 0.00
Payment
Amount
s._
Interim
Payment(s)
Paid
upon
receipt
of actual
expense
documentation
and
written
of eligible
Pay
approved
Requests
from the
expenses.
Grantee
for reimbursement
Page 2 of 3
DocuSign Envelope ID: 96AA3ADF-8819-4E4D-B945-15AFB800812C
fr
EIAF
3) Effective
is
8886
c.
State
State
in
later.
- Weld
County Public
Works
Building
Purchase
s
N
``
41 i.
)'
st.
Final
Payment
Paid
deter
the
required
upon
reports.
Substantial
by the
has
Completion
State in its
submitted, and
sole
DOLA
of the
discretion),
Project (as
provided
has accepted,
all
that
inined
Grantee
Total
For use with
Option
1(c):
In
deleted
accordance
to
through
re
-allocate
and
the
replaced
with
Colorado
awarded
Section
with
Department
Grant
the
7(D)(i)
following:
Funds
of
of
the
within
Local
original
the
Affairs,
Grant
Project
Award
and
Budget.
Grantee's
Letter
between
Name,
the
table
the
Section
of
hereby
Colorado,
exercises
6.2 of
acting
Exhibit
its
by
option
B
and
is
The
Budget
Budget Line(s)
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
$ 0.00
$ 0.00
S 0.00
Date.
The
effective
THE
date
REST
of this
OF
THIS
Option
Letter
PAGE
Page
is
INTENTIONALLY
3 of
upon
3
approval
of
the
LEFT
State
BLANK
Controller
or
whichever
,
11/7/2018
Application Mockup Viewer
Status:
Filed On:
Filed By:
Reviewed On:
Reviewed By:
Reviewer Notes:
COLORADO
Department of Local Affairs
Division of Local Government
FY 2019 December 1 EIAF Tier I or Tier II Grant Application
Application Overview
You are Required to Work with your Regional Field Manager prior to Completing your Application
The Department of Local Affairs' (DOLA) Energy and Mineral Impact Assistance Fund (EIAF) program was created to assist political
subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and
mineral fuels. Funds come from the state severance tax on energy and mineral production and from a portion of the state's share of
royalties paid to the federal government for mining and drilling of minerals and mineral fuels on federally -owned land. The creation of
the fund is outlined in C.R.S. 34-63-102 (Federal Mineral Lease) and C.R.S. 39-29-110 (Severance). Grant dollars are to be awarded for
the planning, construction, and maintenance of public facilities and for the provision of services by political subdivisions.
A. APPLICANT/CONTACT INFORMATION
1. Select Your Organizatiort *
The list is filtered to eligible organizations. If you dmot see your organization listed, please contact DLG forfurther assistance. In the
case of a multi-jurisdictionalapplication, please select the lead organization.
Weld County
In the case of a multijurisdictional application, select the other participating eligible organizations:
-- Select Other Eligible Organizations --
2. Principal Representative
(In the case of a multi -jurisdictional application,principal representative of the lead organization.)
Honorific:
First Name: *
Middle Name:
Last Name: *
Suffix:
Role: *
Mailing Address: *
Mayor
Steve
Moreno
--Chair
PO Box 758
https://dola.colorado.gov/grants_portal/ihPrograms/ihProg ramApplicationFormMockup.jsf?form I D=1185&jftfd i=&jffi=ihProgramApplicationFormMocku... 1/20
11/7/2018 Application Mockup Viewer
Address 2:
City: *
State: *
Zip Code: *
Phone Number: *
Email Address: *
Greeley
CO
80632-0758
970-400-4200
smoreno@weldgov.com
3. Responsible Administrator (will receive all mailings)for the Application:
Same as Principal Representative Address
Honorific:
First Name: *
Middle Name:
Last Name: *
Suffix:
Role: *
Mailing Address: *
Address 2:
City: *
State: *
Zip Code: *
Phone Number: *
Email Address: *
Barbara
Connolly
Controller
PO Box 758
Greeley
CO
80632-0758
970-400-4445
bconnolly@weldgov.com
B. PROJECT DESCRIPTION AND DEMOGRAPHIC INFORMATION
https://dola.colorado.gov/grants_portal/ihPrograms/ihProgramApplicationFormMockup.jsf?formlD=1185&jftfdi=&jffi=ihProgramApplicationFormMocku... 2/20
11/7/2018
Application Mockup Viewer
a. Amount of grant funds requested *
*11ea-rarbelEtdiaNa}d" G at FticpatT
51.000.000
b. Description of the project scope of work *
Description of the various tasks involved in the project including specific data such as quantities, mileage, square feet, linear ft.
etc. as well as specific project location within city and/or county etc.
Weld County is requesting funding to assist with the purchase of a building located at 1301 North l7tn
Avenue, Greeley, Colorado 80631. The building is approximately 28,095 square feet located on 3.25
acres of land. Public Works has outgrown our existing campus which currently houses engineering
and operations. By purchasing the building, it allows Operations more room to manage staffing of
multiple divisions, equipment, and storage.
c. Describe the problem, opportunity or challenge that resulted in the request.*
Purchasing this building will allow our Operations Division within the Public Works department
to relocate to the new building, which is adjacent to the county's Fleet department. The
Operations division has outgrown its facilities due to the hiring of new staff. Increased staffing is
due to the continued Oil & Gas industry use of county roads and needing more workers to keep
the roads maintained. The proximity to the Fleet department creates better communication and
rapport between the two departments.
d. Local Priority
If more than one application from the same government (1 of 2, 2 of 2, etc.)
--1
e. State historic registry designation *
Is the project on a State registered historic site or in a State registered Historic District?
-- NO
e.1 State historic registry number
If the project is on the state reigistry, please provide the registry number. The departmen1may need to seek a determination
of effect from the State Historic Society.
f. 2010 population of the applicant jurisdiction*
252,825
g. Current population *
Current/most recent conservation trust fund/lottery distribution estimate is acceptable.
314,360
https://dola.colorado.gov/grants_portal/ihPrograms/ihProg ramApplication FormMockup.jsf?form ID=1185&jftfd i=&jffi=ihProgramApplication FormMocku... 3/20
11/7/2018 Application Mockup Viewer
g.1 Current population estimate source *
DOLA
h. 5 year population projection *
366,820
h.1 Population projection source *
DOLA
i .Have you contacted your DOLA regional manager to discuss this project?*
Yes
i.1 Date
12/12/18
i. 2 Method of contact
-- Email
C. DEMONSTRATION OF NEED
The statutory purpose of the Energy and Mineral Impact Assistance program is to provide financial assistance todolitical
subdivisions socially or economically impacted by the development, processing or energy conversion of minerals and mineral
fuels"
a. Demonstration of need *
Why is
The building purchase is needed at this time to relocate PW Operations Division to give the
crews room to support additional staffing and increased equipment/vehicle storage.
Purchasing the building will also allow for improved communication between County
Operations Division and the Fleet Department due to their close proximity, as well as allow
for future growth within the division.
b. Project implementation *
How does the implementation of this project address the need?
Purchasing the new building will allow more room for the growing Operations division of Public
Works and increase communication with the Fleet department, which oversees and cares for all
county equipment and vehicles.
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c. Does this project address the stated need
Does this project, as identified in this application, ptetelvaddress the stated need? If not, please describe additional work or
phases and the estimated time frame. Do you anticipate requesting Energy and Mineral Impact Assistance funds for future
phases?
Yes, this purchase addresses the stated need. Weld County will not be requesting any
further Energy and Mineral Impact Assistance funds for this purchase.
d. What other implementation options have been considered?
Please describe
No other implementation options are applicable.
e. What are the consequences if the project is not awarded furtds?
Please describe
Weld County will be required to purchase the building in its entirety and use funds that
could be better used on other county projects.
f. Current year financial information
Please upload the completed current year financial information attachment
g. Project budget
Please upload the project budget worksheet
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g.1 Project contingency
Please identify the contingency associated with the project budget.
1. If a contingency has not been identified as part of the budget, please explain why not?
2. Contingency % of Budget.
3. Contingency Dollar value
Energy & Mineral Impact Assistance funds account for 28% of the total cost of purchasing the
building. If funds are not awarded, the county will be required to pay the entire cost of the
purchase and use funds that could be better used on other county projects.
g.2 How recently were the budget and contingency determined *
Month/Year
November 2018
D. MEASURABLE OUTCOMES
a. Describe the expected measurable outcomes *
How will the project enhance the livability* of your region, county, city, town or community (e.g. constructing a new water plant
will eliminate an unsafe drinking water system and provide safe and reliable drinking water; the construction of a new community
center will provide expanded community services, or projects achieving goals regarding energy conservation, community
heritage, economic development/diversification, traffic congestion, etc.)?
*(Livability means increasing the value and/or benefit in the areas that are commonly linked in community development such as
jobs, housing, transportation, education, emergency mitigation, health and environment)
Purchasing the building will allow the Public Works department to house more staff and
equipment which alleviates the demand of keeping up with road maintenance, snow removal,
safety provisions (signs, ice melt application, traffic control, flaggers during construction), and road
construction.
b. Project outcome measurement
How will the outcome of the project be measured to determine whether the anticipated benefits to this population actually
occur?
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We can measure the outcome of the purchase by increased customer satisfaction, improved
space for staff and meetings, new space for storage, supplies, and equipment, as well as easy
access to the Fleet department which increases communication.
c. Historic structure preservation *
Does this project preserve and protect a registered state historic building, facility or structure? If yes, please describe, inlcuding
year of construction.
No.
d. Energy efficiency *
Will this project implement an energy efficiency/strategy that could result in less carbon footprint or conserve energy use or
capitalize on renewable energy technology? If yes, please describe.
By lessening the distance to the Fleet department, our vehicles and equipment will have less
distance to travel for service and maintenance.
e. Resiliency framework *
Will the project increase the community's long-term resilience and ability to anticipate, withstand, and/or rebound from a natural
or manmade hazard event? For example, will the project factor in natural design concepts and will construction utilize sustainable
materials? If yes, please describe.
The building is already constructed and ready for purchase. In the event of a natural disaster we
would be able to house other Weld County departments who's building are destroyed or
compromised.
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E. LOCAL EFFORT
a. Relationship to Community Goals *
Is the project identified in the applicant's budget or a jurisdictionally approved plan (e.g. capital improvement plan, equipment
replacement plan, comprehensive plan, utility plan, road maintenance and improvement plan or other local or regional strategic
management or planning document)? What is its ranking?
This purchase is identified in the county's 2019 budget as part of the capital expenditure fund.
The Capital Expenditures Fund was established to budget the financial resources used for the
acquisition or improvement of capital facilities of the county. The Capital Expenditures Fund
accounts for various capital improvement projects for county buildings. Expansion of PW's
campus has been part of this planning effort.
b. Why can't this project be funded locally?*
Weld County could plan and save for future years to construct a new campus. By purchasing an
existing building on the market now in the North Business Park adjacent to existing county
buildings allows us to stay close to existing departments rather than relocating everyone to a
new site. If this sale falls through, PW's may still have to plan to save to relocate the campus in
the future due to site restrictions.
c. Has this project been deferred because of lack of local funding? If so, how long?"
Yes. We have deferred purchasing a new building due to the lack of available buildings for sale in
the required area. Once the building became available near the county Fleet department, the
urgency to purchase it was apparent.
d. Explain the origin and status of your local cash match.*
(Note: Whenever possible, local government cash match on a dollar for dollar match basis is encouraged.) Are the local funds
committed or pending? If there are pending funds, when will the status of those funds be determined?
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The project will be funded out of the Capital Expenditure fund.
e. Community partners *
What other community entities, organizations, or stakeholders recognize the value of this project and are collaborating with you
to achieve increased livability of the community? Please describe how your partners are contributing to achieve the improvement
to the livability of the community through this project. If in -kind contributions are included in the project budget, detailed
tracking will be required on project monitoring report.
None.
f. Tax rate, usage charges, or fees *
Have the applicant's tax rates, user charges or fees been reviewed recently to address funding for the proposed project?
-- Select an Option --
Yes
f.1 Tax rate or usage charge modifications
If the tax rate, user charges or fees were modified, what was the modification and when did this change occur?
Weld County has been directing the revenues from the Specific Ownership Tax to Public Works
since 1985.
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g. Has the applicant contacted representatives from local energy or mineral companies to discuss the project? If yes, when was
the contract and what was discussed?
Weld County has not contacted representatives from local energy or mineral companies to discuss
this purchase as it would be owned by the county.
F. READINESS TO GO
a. When will the project begin *
Select one
May 20, 2019
b. What is the time frame for completion *
Select one
May 20, 2019
c. Is planning or design work a component of this project?*
No
c.1 What additional design work remains?
What percentage of design work is complete?
Upon executing a contract with DOLA would determine how quickly a closing on the sale of the
property may occur. The county would not schedule a closing until we have an executed contract
with DOLA. We do not anticipate an executed contract occurring before the first week in May.
c.2 How were project cost estimates determined? *
How did the applicant develop project cost estimates?
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The purchase price was negotiated by obtaining compensation values of similar properties in the
area by local broker. The county's Finance Director, Director Building and Grounds and the Board
of County Commissioners have approved the final price and agree it aligns with the surrounding
comps and is a fair market value of the building.
c.3 Is the project supported by bids, professional estimates or other credible information?
Yes
c.3.i
Please attach a copy of any supporting documents.
c.4 Are any Local, State or Federal permits required before the project can proceed?*
If yes, please describe and note the status of permit acquisition.
No
N/A
G. ENERGY & MINERAL RELATIONSHIP
a. Community energy or mineral impact *
Describe how the applicant is, has been, or will be impacted by the development, production, or conversion of energy and mineral
resources
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Weld County is the #1 producing oil and gas county in the entire state and therefore is extremely
impacted. Much of the road's traffic is due to oil and gas trucks which requires the county's Public
Works department excess maintenance, improvements, materials and labor. This trend should
continue into the next decade and will require continued resources to be provided.
b. Use data *
Cite actual use data that documents direct impact as it relates to the need for the project. For example, "heavy truck traffic
directly related to energy development activities is impacting County Road X. a traffic count done in May 2015 showed energy
related truck traffic increased from 100 trips per day to 300."
Weld County has 2,200 miles of paved roads and 750 miles of paved roads that need to be
maintained on a regular basis. The Oil & Gas industry has caused damage to the roads which
requires the Weld County Public Works department to increase their staff, materials and number of
vehicles and equipment. This increase has caused the current building that houses our Operations
division to be inadequate and requires the county to purchase another building for growth and
convenient access to the county's Fleet department.
H. MANAGEMENT CAPACITY
a. Fund management *
How will you separate and track expenditures, maintain funds and reserves for the capital expenditures and improvements as
described in this project?
Weld County's Accounting Department is recognized as a Tier 3 local government by the State and
can manage all invoicing information through Banner Accounting System.
b. Project sustainability *
Describe the funding plan in place to address the new operating and maintenance expenses generated from the project?
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Operation and maintenance on the purchased building is budgeted under the county's Buildings
and Grounds department.
c. Expertise *
Describe the technical and professional experience/expertise of the person(s) and/or professional firms responsible to manage
this project.
The county's Finance Director, Director Building and Grounds and the Board of County
Commissioners have approved the final price and agree that it is a fair market value of the
building. They, along with the County Attorney and the county's brokerage firm are qualified to
manage the purchase of the building.
d. Duplication of services *
Does the project duplicate service capacity already established? Is the service inadequate? Has consolidation of services with
another provider been considered?
Current Public Works buildings are inadequate to hold the number of staff needed nor the amount
of materials, supplies and equipment storage to maintain the county's roads adequately due to
increased Oil & Gas use.
I. HIGH PERFORMANCE CERTIFICATION (HPCP) PROGRAM COMPLIANCE
Colorado Revised Statutes (C.R.S. 24-30-1305.5) require all new facilities, additions, and renovation projects that meet the following
criteria to conform with the High Performance Certification Program (HPCP) policy adopted by the Office of the State Architect (OSA)
if:
• The project receives 25% or more of state funds;and
• The new facility, addition, or renovation project contains 5,000 or more building gross square fee$nd
• The building includes an HVAC system;and
• In the case of a renovation project, the cost of the renovation exceeds 25% of the current value of the property
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The HPCP requires projects that meet the criteria above to achieve third party verification with the target goal of LEED Gold or Green
Globes -Three Globes. Projects are strongly encouraged to meet the Office of the State Architect's (OSA) Sustainable Priorities in
addition to the LEED prerequisites. Projects funded through DOLA that meet the above applicability criteria are required to complete
the DOLA registration and tracking process. See DOLA's HPCP web page for more information or contact your DOLA regional
manager.
In instances where achievement of LEED Gold or Green Globe -Three Globes certification is not achievable, an applicant may request a
modification of the HPCP policy or a waiver if certain conditions exist. DOLA staff will work with applicants to identify workable
solutions to meet the program's intent to maximize building energy efficiencies.
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a. HPCP project details
Is the applicant seeking state funding for 25% or more of the total project cost (including all phases, if applicable)?
If no, the project does not meet the HPCP requirement and the rest of this section does not need to be completed
NA
b. HVAC details
Does the building include an HVAC system?
-- Select an Option --
b.1 Type of HVAC system
Please select whether the HVAC is an upgrade or a new system from the following drop down:
-- Select an Option --
c. Project type
Please select the type of construction project
-- Select an Option --
c.1 Square footage in excess of 5,000 square feet
Is the building square footage (new construction and/or renovation) 5,000 SF or more?
-- Select an Option --
c.2 Building square footage
What is the building square footage, indicate whether the square footage is new, renovation, or both.
d. Does the cost of renovation exceed 25% of the current value of the property?
Select from the drop down list.
aqiat
-- Select an Option--
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d.l. What is the current property value?
Determine based on assessed or appraised value.What is the total project cost for the renovations? Please provide
both amounts in your response.
e. Does this project meet the HPCP criteria?
If you answered "yes" to questions a, b, c, and cj then your project meets the HPCP applicability criteria. Complete the HPCP
registration form and preliminary checklist and upload below.(See DOLA's HPCP web pagefor registration and checklist form.)
-- Select an Option --
e.1 HPCP registration form and checklist
If you answered yes above, please upload the HPCP registration and checklist form below.
f. Third party verification
Have you included any additional costs in this grant application for third party verification to comply with the High Performance
Certification Program?
-- Select an Option --
f.1 Third party verification cost
If you answered yes above, please specify the estimated cost for third participation verification/certification
f.2 Third party verification resources
Will you need assistance locating resources, third party consultants, or technical assistance for HPCP third party verification
requirements, preparing cost estimates, or otherwise complying with the HPCP?
-- Select an Option--
f.2.i Third party verification resources required
If you answered yes above, please describe the type of resource identification assistance you need.
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J. TABOR COMPLIANCE AND ENVIRONMENTAL REVIEW
a.Does the applicant jurisdiction have voter authorization to receive and expend state grants withod
Does the applicant jurisdiction have voter authorization to receive and expend state grants without regard to TABOR spending
limitations?
-- Select an Option --
a.1 If yes, please explain
No
Weld County has a high enough TABOR revenue limit to accept the funds and still be under the
TABOR revenue limit.
b. State severance funds *
If the applicant jurisdiction receives a grant with State Severance funds, will the local government exceed the TABOR limit and
force a citizen property tax rebate?
-- Select an Option --
b.1 If yes, please explain
c. TABOR refunds *
No
-- Select an Option --
No
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c.1 If yes, please explain
d. Voter approval *
Has the applicant sought voter approval to keep revenues above fiscal spending limits?
-- Select an Option --
d.1 If yes, please explain *
No
e. Spending limits *
Are there any limitations to the voter approved revenues? (e.g., Can revenues only be spent on law enforcement or roads?)
-- Select Yes/No--
e. 1 If yes, please explain
Yes
All Weld county ad valorem tax levies for county purposes, when applied to the total valuation for
assessment of the County, shall be reduced so as to prohibit the levying of a greater amount of tax
revenue than was levied from ad valorem taxation in the preceding year plus five percent (5%)
except to provide for the payment of bonds and interest thereon.
f. Enterprise status *
If the applicant jurisdiction is classified as an enterprise under TABOR, will acceptance of a state grant affect this status?
-- Select an Option --
No
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f. 1 Explain
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K. ENVIRONMENTAL REVIEW
Indicate below whether any of the proposed project activities:
a. Will be undertaken in flood hazard areas? *
-- Select Yes/No--
No
a.1 List flood plain maps/studies reviewed. Describe alternatives considered.
See Weld County GIS Property Portal at https://www.co.weld.co.us/maps/landuse/
b. Will affect historical, archaeological, or cultural resources or be in a geological hazard areal
Select from the drop down menu.
-- Select Yes/No--
No
b.1 If yes, describe alternatives considered and mitigation proposed.
c. Address any other public health or safety related concerns not previously identified`
Select from the drop down menu
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-- Select Yes/No--
No
c.1 If yes, please explain.
L. W9 & EFT DOCUMENTATION
Please upload your most recent W9 and electronic funds transfer (EFT) documentation in the event your project is awarded.
Submitting this information in no way guarantees an award. A letter signed by the exectuive director of the Department of Local
Affairs will notify you of funding decision and is not a formal obligation of funds by the State.
b. EFT
Please upload if EFT is preferable to warrant.
a. W9*
M. OFFICIAL BOARD ACTION
a. Date of official board action *
Enter the date this project was approved for submission by the board
12/12/18
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