HomeMy WebLinkAbout20253274 Resolution
Approve Acceptance of Intergovernmental Grant Agreement for Energy and
Mineral Impact Assistance Fund (EIAF) Program for Construction of New Motor
Pool Complex (Tier II — April Cycle)
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with an Intergovernmental Grant Agreement for
the Energy and Mineral Impact Assistance Fund (EIAF) Program for Construction of a
New Motor Pool Complex (Tier II — April Cycle) 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 Fleet Services and Facilities Department, and the Colorado
Department of Local Affairs, commencing September 29, 2025, and ending August 31 ,
2027, with further terms and conditions being as stated in said agreement, and
Whereas, after review, the Board deems it advisable to approve and accept said
agreement, a copy of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Intergovernmental Grant Agreement for the Energy and Mineral Impact
Assistance Fund (EIAF) Program for Construction of a New Motor Pool Complex (Tier II —
April Cycle) 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 Fleet Services
and the Facilities Department, and the Colorado Department of Local Affairs, be, and
hereby is, approved and accepted.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 1st day of December, A.D., 2025, nunc pro tunc September 29, 2025:
[Insert Resolution Attestation Block Post Meeting]
2025-3274
FT0004
BO0027
tOnhfac- IDt10H I
116Z _. FACILITIES DEPARTMENT
, r a _ - ,� PHONE: (970)400-2020
En- ; FAX: (970) 304-6532
c o u N T WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
November 14, 2025
To: Board of County Commissioners
Re: Motor Pool Complex DOLA Grant acceptance
In March of 2025, approval was given to apply for a DOLA grant for the motor pool complex
expansion and renovation project in the amount of$1,000,000.00. We have received the official
notice that a partial grant for the project was approved in the amount of$600,00.00. The
Facilities Department requests the BOCC approve the grant acceptance and terms of the grant.
Sincerely,
Patrick O'Neill
Director
2025-3274
1uk/z3 BC,00nn
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: Motor Pool Complex acceptance of grant letter and terms.
DEPARTMENT: Facilities DATE: November 14, 2025
PERSON REQUESTING: Patrick O'Neill
Brief description of the problem/issue:
Weld County applied for a DOLA grant to assist with the construction of the new motor pool facility. The
application was for $1,000,000.00. DOLA has approved a partial grant in the amount of $600,00.00. This is a
request for the BOCC to approve acceptance of the grant and the terms of the grant.
What options exist for the Board?
Consequences:
Impacts:
Costs (Current Fiscal Year/Ongoing or Subsequent Fiscal Years):
Recommendation:
Facilities recommends placing this on an upcoming BOCC agenda for approval.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
sta COLORADO
• �LA Department of Local Affairs
DOLA
Division of Local Government
July 21, 2025
The Honorable Perry Buck, BOCC Chair
Weld County
P.O. Box 758
Greeley, CO 80631
RE: EIAF 25-158 Weld County Motor Pool Complex
Dear Commissioner Buck,
Congratulations! After thorough review, I am excited to offer a partial grant award in
the amount of $600,000 to assist with the above mentioned project. There is
significant interest in these limited funds and demand continues to outweigh fund
availability.
Your project was reviewed based on a variety of factors such as its connection to energy
impact, degree of need, measurable outcomes, amount of request, relationship to
community goals, level of local match and community support, management capacity,
resiliency and readiness to go.
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.
Due to reductions in severance tax revenues, contracting may be delayed until funding is
available. We will notify you when the contracting process may begin and this award will be
valid for one year from the date of that notification.
Governor Jared S. Polis I Maria De Cambra, Executive Director I Eric H. Bergman, Division Director
of �1313 Sherman St., Room 315, Denver, CO 80203 �w �f:,
Phone: 303-864-7720 Fax: 303-864-7719 dlg.colorado.gov ,` _ o)
Strengthening Colorado Communities `\"'�k"*"
187g
184., Department
OrLn Local
O R A DOAifairs
DO LA
Division of Local Government
Please contact your Regional Manager, Chris La May at 970-679-7679 for information on how
to proceed. Expenditure of State funds prior to the contract being fully executed cannot be
included in the contract budget or reimbursed by the State.
Thank you for helping strengthen Colorado communities and promoting an
environment where all Coloradans can thrive.
Sincerely,
Maria De Cambra
Executive Director
cc: Scott Bright, State Senator
Ryan Gonzalez, State Representative
Don Dunker, Weld County
Rusty Williams, Weld County
Chris La May, DOLA
Governor Jared S. Polis I Maria De Cambra, Executive Director I Eric H. Bergman, Division Director
1313 Sherman St., Room 315, Denver, CO 80203 f.,6"e4 v PPhone: 303-864-7720 Fax: 303-864-7719 dlg.colorado.gov G °
Strengthening Colorado Communities \1876
Docusign Envelope ID:4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
State of Colorado Intergovernmental Grant Agreement
Summary of Terms and Conditions
State Agency Performance Start Date
DEPARTMENT OF LOCAL AFFAIRS (DOLA) The later of the Effective Date or September
Grantee 23, 2025
Weld County Grant Expiration Date
Project Number and Name August 31, 2027
EIAF 25-158 - Weld County Motor Pool DOLA Regional Manager
Complex Chris La May, (970) 679-7679,
DLG Portal Number (chris.la.may@state.co.us)
EIAF-25-158 DOLA Regional Assistant
CMS Number TBD
201134 Program Name
Grant Award Amount Energy Et Mineral Impact Assistance Program
$600,000.00 ( EIAF
Retainage Amount Agreement Authority
$30,000.00 Authority to enter into this Grant exists in
Funding Account Codes C.R.S. 24-32-106 and 29-3.5-101 and funds
CTGG1 NLAA 202600002428 have been budgeted, appropriated and
Phase Code otherwise made available pursuant to C.R.S.
sv2601 39-29-110 (Local Government Severance Tax
VCUST# Fund) and a sufficient unencumbered balance
VC00000000014294 thereof remains available for payment.
Address Code Required approvals, clearance and
AD019 EFT coordination have been accomplished from
and with appropriate agencies. This
Intergovernmental Grant Agreement is
funded, in whole or in part, with State funds.
Grant Purpose/Project Description
The Project consists of expansion and renovation of the Weld County Motor Pool Complex.
Docusign Envelope ID.4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit B, Scope of Project
2. Exhibit G, Sample Option Letter
In the event of a conflict of inconsistency between this Agreement and any Exhibit or attachment,
such conflict or inconsistency shall be resolved by reference to the documents in the following
order of priority:
1. Colorado Special Provisions in §17 of the main body of this Agreement
2. Any properly executed Option Letter or Amendment
3. The provisions of the other sections of the main body of this Agreement
4. Exhibit B, Scope of Project
Version: 11/2024
Docusign Envelope ID:4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
Signature Page
The Signatories Listed Below Authorize this Grant
STATE OF COLORADO
Jared S. Polls, Governor
DEPARTMENT OF LOCAL AFFAIRS
DEPARTMENT OF LOCAL AFFAIRS Maria De Cambra, Executive Director
PROGRAM REVIEWER ,—DocuSigned by:
M,aYia 2t, (,aw,(ev'a
`-09813615E0E27455
By: Maria De Cambra, Executive Director
[ DocuSigned by:
atAdyt, Cat, Date: 9/25/2025 110:01 PM MDT
45D2B7CF50DE4BD.
By: Angie Cue, EIAF Program Manager
Date: 9/25/2025 I 1:13 PM PDT
Version: 11/2024
Docusign Envelope ID:4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by
the State Controller or an authorized delegate (the "Effective Date").
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Signed by:
At.t,SSi&
—090ACD88A721474
By: Beulah Messick, Controller Delegate
Department of Local Affairs
Effective Date 9/29/2025 I 4:57 PM MDT
EIAF-25-158 Version: 11/2024
Docusign Envelope ID:4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
1. Grant
As of the Performance Start Date, the State Agency shown on the Summary of Terms and
Conditions page of this Intergovernmental Grant Agreement (the "State") hereby obligates and
awards to Grantee shown on the Summary of Terms and Conditions page of this
Intergovernmental Grant Agreement (the "Grantee") an award of Grant Funds in the amounts
shown on the Summary of Terms and Conditions page of this Intergovernmental Grant
Agreement. By accepting the Grant Funds provided under this Intergovernmental Grant
Agreement, Grantee agrees to comply with the terms and conditions of this Intergovernmental
Grant Agreement and requirements and provisions of all Exhibits to this Intergovernmental
Grant Agreement.
2. Term
A. Initial Grant Term and Extension
The Parties' respective performances under this Intergovernmental Grant Agreement shall
commence on the Performance Start Date and shall terminate on the Grant Expiration
Date unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Intergovernmental Grant Agreement by providing
Grantee with an updated Intergovernmental Grant Agreement or an executed Option
Letter showing the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public
interest of the State of Colorado as determined by its Governor, General Assembly, or
Courts. If this Intergovernmental Grant Agreement ceases to further the public interest of
the State or if State, Federal or other funds used for this Intergovernmental Grant
Agreement are not appropriated, or otherwise become unavailable to fund this
Intergovernmental Grant Agreement, the State, in its discretion, may terminate this
Intergovernmental Grant Agreement in whole or in part by providing written notice to
Grantee that includes, to the extent practicable, the public interest justification for the
termination. If the State terminates this Intergovernmental Grant Agreement in the public
interest, the State shall pay Grantee an amount equal to the percentage of the total
reimbursement payable under this Intergovernmental Grant Agreement that corresponds
to the percentage of Work satisfactorily completed, as determined by the State, less
payments previously made. Additionally, the State, in its discretion, may reimburse
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Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under
this Intergovernmental Grant Agreement that are incurred by Grantee and are directly
attributable to the uncompleted portion of Grantee's obligations, provided that the sum
of any and all reimbursements shall not exceed the maximum amount payable to Grantee
hereunder. This subsection shall not apply to a termination of this Intergovernmental
Grant Agreement by the State for breach by Grantee.
C. Reserved.
3. Definitions
The following terms shall be construed and interpreted as follows:
A. "Agreement" means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any
future modifications thereto.
B. Reserved.
C. "Breach of Agreement" means the failure of a Party to perform any of its obligations in
accordance with this Agreement, in whole or in part or in a timely or satisfactory manner.
The institution of proceedings under any bankruptcy, insolvency, reorganization or similar
law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee
or any of its property, which is not vacated or fully stayed within 30 days after the
institution of such proceeding, shall also constitute a breach. If Grantee is debarred or
suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then
such debarment or suspension shall constitute a breach.
D. "Budget" means the budget for the Work described in Exhibit B.
E. "Business Day" means any day in which the State is open and conducting business, but
shall not include Saturday, Sunday or any day on which the State observes one of the
holidays listed in §24-11-101(1) C.R.S.
F. Reserved.
G. "CORA" means the Colorado Open Records Act, §524-72-200.1 et seq., C.R.S.
H. Reserved.
I. "Grant" or "Grant Agreement" or "Intergovernmental Grant Agreement" means this
agreement which offers Grant Funds to Grantee, including all attached Exhibits, all
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documents incorporated by reference, all referenced statutes, rules and cited authorities,
and any future updates thereto.
J. "Grant Funds" or "Grant Award Amount" means the funds that have been appropriated,
designated, encumbered, or otherwise made available for payment by the State under this
Intergovernmental Grant Agreement.
K. "Grant Expiration Date" means the Grant Expiration Date shown on the Summary of Terms
and Conditions page of this Intergovernmental Grant Agreement. Work performed after
the Grant Expiration Date is not eligible for reimbursement from Grant Funds.
L. "Effective Date" or "Performance Start Date" means the Performance Start Date shown
on the first page of this Intergovernmental Grant Agreement. Work performed prior to the
Effective Date is not eligible for reimbursement from Grant Funds.
M. "Exhibits" means the exhibits and attachments included with this Grant as shown on the
Summary of Terms and Conditions page of this Intergovernmental Grant Agreement.
N. "Extension Term" means the period of time by which the Grant Expiration Date is
extended by the State through delivery of an updated Intergovernmental Grant
Agreement, an Amendment, or an Option Letter.
0. Reserved.
P. Reserved.
Q. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired, produced, or delivered by Grantee in connection with the Services.
R. "Incident" means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
S. "Initial Term" means the time period between the initial Performance Start Date and the
initial Grant Expiration Date.
T. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
U. Reserved.
V. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place of
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birth, mother's maiden name, or biometric records; and any other information that is
linked or linkable to an individual, such as medical, educational, financial, and
employment information. Pit includes, but is not limited to, all information defined as
personally identifiable information in §524-72-501 and 24-73-101 C.R.S. "PII" shall also
mean "personal identifying information" as set forth at § 24-74-102, et. seq., C.R.S.
W. Reserved.
X. Reserved.
Y. "Services" means the services to be performed by Grantee as set forth in this
Intergovernmental Grant Agreement, and shall include any services to be rendered by
Grantee in connection with the Goods.
Z. "State Confidential Information" means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited to,
PII and State personnel records not subject to disclosure under CORA. State Confidential
Information shall not include information or data concerning individuals that is not deemed
confidential but nevertheless belongs to the State, which has been communicated,
furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant
to CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure
to Grantee; (iii) is or subsequently becomes publicly available without breach of any
obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without
confidentiality obligations, by a third party who has the right to disclose such information;
or (v) was independently developed without reliance on any State Confidential
Information.
AA. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §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.
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FF. Reserved.
GG. Reserved.
HH. Reserved.
II. "Work" means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
JJ. "Work Product" means the tangible and intangible results of the Work, whether finished
or unfinished, including drafts. Work Product includes, but is not limited to, documents,
text, software (including source code), research, reports, proposals, specifications, plans,
notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work.
"Work Product" does not include any material that was developed prior to the
Performance Start Date that is used, without modification, in the performance of the
Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit
shall be construed and interpreted as defined in that Exhibit.
4. Statement of Work
Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and
in accordance with the provisions of Exhibit B. The State shall have no liability to compensate
or reimburse Grantee for the delivery of any goods or the performance of any services that are
not specifically set forth in this Intergovernmental Grant Agreement.
5. Payments to Grantee
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount
shown on the first page of this Intergovernmental Grant Agreement. Financial obligations
of the State payable after the current State Fiscal Year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available. The State shall not
be liable to pay or reimburse Grantee for any Work performed or expense incurred before
the Performance Start Date or after the Grant Expiration Date; provided, however, that
Work performed and expenses incurred by Grantee before the Performance Start Date that
are chargeable to an active Federal Award may be submitted for reimbursement as
permitted by the terms of the Federal Award.
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i. The State may increase or decrease the Grant Award Amount by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter
showing the new Grant Award Amount.
B. Reserved.
C. Matching Funds
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B
(the "Local Match Amount"). Grantee shall appropriate and allocate all Local Match
Amounts to the purpose of this Intergovernmental Grant Agreement each fiscal year prior
to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this
Intergovernmental Grant Agreement irrevocably pledge present cash reserves for
payments in future fiscal years, and this Intergovernmental Grant Agreement is not
intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be
liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except
as required by Grantee's laws or policies.
D. Reimbursement of Grantee Costs
Upon prior written approval, the State shall reimburse Grantee's allowable costs, not
exceeding the maximum total amount described in this Intergovernmental Grant
Agreement for all allowable costs described in this Intergovernmental Grant Agreement
and shown in the Budget in Exhibit B. Upon request of the Grantee, the State may, without
changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant
Funds among or between each line of the Budget by providing Grantee with an executed
Option Letter or formal amendment. The State shall only reimburse allowable costs if
those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods
and Services provided; and (ii) equal to the actual net cost to Grantee (i.e. the price paid
minus any items of value received by Grantee that reduce the cost actually incurred).
E. Close-Out and Deobligation of Grant Funds.
Grantee shall close out this Grant within 90 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Intergovernmental Grant Agreement and Grantee's final
reimbursement request or invoice. The State will withhold 5% of allowable costs until all
final documentation has been submitted and accepted by the State as substantially
complete. Any Grant Funds remaining after submission and payment of Grantee's final
reimbursement request are subject to deobligation by the State.
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F. Erroneous Payments.
The State may recover, at the State's discretion, payments made to Grantee in error for
any reason, including, but not limited to, overpayments or improper payments, and
unexpended or excess funds received by Grantee. The State may recover such payments
by deduction from subsequent payments under this Intergovernmental Grant Agreement,
deduction from any payment due under any other contracts, grants or agreements
between the State and Grantee, or by any other appropriate method for collecting debts
owed to the State.
6. Reporting - Notification
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later
than the end of the close-out period described in §5.E.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal
or State criminal law involving fraud, bribery, or gratuity violations potentially affecting
this Award.
7. Grantee Records
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes
and other written materials, electronic media files, and communications, pertaining in
any manner to this Grant for a period of three years following the completion of the close
out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy
and transcribe all such records during normal business hours at Grantee's office or place
of business, unless the State determines that an audit or inspection is required without
notice at a different time to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this
Intergovernmental Grant Agreement using procedures as determined by the State. The
State shall have the right, in its sole discretion, to change its monitoring procedures and
requirements at any time during the term of this Agreement. The State shall monitor
Grantee's performance in a manner that does not unduly interfere with Grantee's
performance of the Work.
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C. Final Audit Report
Grantee shall comply with all State and federal audit requirements. Grantee shall provide
copies of audits to the State upon request.
8. Confidential Information-State Records
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any
and all State Records that the State provides or makes available to Grantee for the sole
and exclusive benefit of the State, unless those State Records are otherwise publically
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
Grantee shall not, without prior written approval of the State, use for Grantee's own
benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any
third party for its benefit or to the detriment of the State, any State Records, except as
otherwise stated in this Intergovernmental Grant Agreement. Grantee shall provide for
the security of all State Confidential Information in accordance with all policies
promulgated by the Colorado Office of Information Security and all applicable laws, rules,
policies, publications, and guidelines. If Grantee or any of its Subcontractors will or may
receive the following types of data, Grantee or its Subcontractors shall provide for the
security of such data according to the following: (i) the most recently promulgated IRS
Publication 1075 for all Tax Information and in accordance with the Safeguarding
Requirements for Federal Tax Information attached to this Grant as an Exhibit, if
applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security
Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department
of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security
Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act
for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if
applicable. Grantee shall immediately forward any request or demand for State Records
to the State's principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors
as necessary to perform the Work, but shall restrict access to State Confidential
Information to those agents, employees, assigns and Subcontractors who require access to
perform their obligations under this Intergovernmental Grant Agreement. Grantee shall
ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure
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agreements with provisions at least as protective as those in this Grant, and that the
nondisclosure agreements are in force at all times the agent, employee, assign or
Subcontractor has access to any State Confidential Information. Grantee shall provide
copies of those signed nondisclosure restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with
any and all applicable laws and regulations in facilities located within the United States,
and shall maintain a secure environment that ensures confidentiality of all State
Confidential Information wherever located. Grantee shall provide the State with access,
subject to Grantee's reasonable security requirements, for purposes of inspecting and
monitoring access and use of State Confidential Information and evaluating security
control effectiveness. Upon the expiration or termination of this Grant, Grantee shall
return State Records provided to Grantee or destroy such State Records and certify to the
State that it has done so, as directed by the State. If Grantee is prevented by law or
regulation from returning or destroying State Confidential Information, Grantee warrants
it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve
law enforcement, as determined by the State. After an Incident, Grantee shall take steps
to reduce the risk of incurring a similar type of Incident in the future as directed by the
State, which may include, but is not limited to, developing and implementing a
remediation plan that is approved by the State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement,
Grantee shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data
storage encryption, data transmission encryption, security inspections, and audits.
Grantee shall be a "Third-Party Service Provider" as defined in §24-73-103(1)(i), C.R.S.
and shall maintain security procedures and practices consistent with §524-73-101 et seq.,
C.R.S. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Grantee, including, but
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not limited to, Grantee's employees, agents and Subcontractors, agrees not to share any
PII with any third parties for the purpose of investigating for, participating in, cooperating
with, or assisting with Federal immigration enforcement. If Grantee is given direct access
to any State databases containing P11, Grantee shall execute, on behalf of itself and its
employees, the certification attached hereto as Exhibit E on an annual basis. Grantee's
duty and obligation to certify as set forth in Exhibit E shall continue as long as Grantee
has direct access to any State databases containing PII. If Grantee uses any Subcontractors
to perform services requiring direct access to State databases containing PII, the Grantee
shall require such Subcontractors to execute and deliver the certification to the State on
an annual basis, so long as the Subcontractor has access to State databases containing PII.
9. Conflict of Interest
Grantee shall not engage in any business or activities, or maintain any relationships that conflict
in any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest
shall be harmful to the State's interests and absent the State's prior written approval, Grantee
shall refrain from any practices, activities or relationships that reasonably appear to be in
conflict with the full performance of Grantee's obligations under this Grant. If a conflict or the
appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance
of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth
the relevant details for the State's consideration. Grantee acknowledges that all State
employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further
acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S.
with regard to this Grant.
10. Insurance
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by
that Subcontractor and as required by the State or the GIA.
11. Breach of Agreement
In the event of a breach of Agreement, the aggrieved Party shall give written notice of breach
of agreement to the other party. If the notified party does not cure the breach, at its sole
expense, within 30 days after the delivery of written notice, the Party may exercise any of the
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remedies as described in §12 for that party. Notwithstanding any provision of this Agreement
to the contrary, the State, in its discretion, need not provide notice or a cure period and may
immediately terminate this Agreement in whole or in part or institute any other remedy in this
Agreement in order to protect the public interest of the State; or if Grantee is debarred or
suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or
cure period and may terminate this Agreement in whole or in part or institute any other remedy
in this Agreement as of the date that the debarment or suspension takes effect.
12. Remedies
A. State's Remedies
In addition to any remedies available under any Exhibit to this Grant Agreement, if Grantee
is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed
in this section in addition to all other remedies set forth in this Agreement or at law. The
State may exercise any or all of the remedies available to it, in its discretion, concurrently
or consecutively.
I. Termination for Breach
In the event of Grantee's uncured breach, the State may terminate this entire
Agreement or any part of this Agreement. Additionally, if Grantee fails to comply with
any term or condition of this Award, then the State may, in its discretion, terminate
this entire Agreement or any part of this Agreement. Grantee shall continue
performance of this Agreement to the extent not terminated, if any.
The State may also terminate this Grant Agreement at any time if the State has
determined, in its sole discretion, that Grantee has ceased performing the Work
without intent to resume performance, prior to the completion of the Work.
a. Obligation and Rights
To the extent specified in any termination notice, Grantee shall not incur
further obligations or render further performance past the effective date of
such notice, and shall terminate outstanding orders and subcontracts with
third parties. However, Grantee shall complete and deliver to the State all
Work not cancelled by the termination notice, and may incur obligations as
necessary to do so within this Agreement's terms. At the request of the State,
Grantee shall assign to the State all of Grantee's rights, title, and interest in
and to such terminated orders or subcontracts. Upon termination, Grantee
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shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest.
At the State's request, Grantee shall return materials owned by the State in
Grantee's possession at the time of any termination. Grantee shall deliver all
completed Work Product and all Work Product that was in the process of
completion to the State at the State's request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee
for accepted Work received as of the date of termination. If, after
termination by the State, the State agrees that Grantee was not in breach or
that Grantee's action or inaction was excusable, such termination shall be
treated as a termination in the public interest, and the rights and obligations
of the Parties shall be as if this Agreement had been terminated in the public
interest under §2.B.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain
liable to the State for any damages sustained by the State in connection with
any breach by Grantee, and the State may withhold payment to Grantee for
the purpose of mitigating the State's damages until such time as the exact
amount of damages due to the State from Grantee is determined. The State
may withhold any amount that may be due Grantee as the State deems
necessary to protect the State against loss including, without limitation, loss
as a result of outstanding liens and excess costs incurred by the State in
procuring from third parties replacement Work as cover.
II. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Grantee
to an adjustment in price or cost or an adjustment in the performance
schedule. Grantee shall promptly cease performing Work and incurring costs
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in accordance with the State's directive, and the State shall not be liable for
costs incurred by Grantee after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee's actions or
inactions, cannot be performed or if they were performed are reasonably of
no value to the state; provided, that any denial of payment shall be equal to
the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Grantee's employees, agents, or
subcontractors from the Work whom the State deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued
relation to this Agreement is deemed by the State to be contrary to the public
interest or the State's best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any
Work is likely to infringe, a patent, copyright, trademark, trade secret or
other intellectual property right, Grantee shall, as approved by the State (i)
secure that right to use such work for the State and Grantee; (ii) replace the
work with non-infringing work or modify the work so that it becomes non-
infringing; or, (iii) remove any infringing work and refund the amount paid
for such work to the State.
B. Grantee's Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach,
Grantee, following the notice and cure period in 511 and the dispute resolution process in
513 shall have all remedies available at law and equity.
13. Dispute Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in
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writing to a senior departmental management staff member designated by the State and a
senior manager or official designated by Grantee for resolution.
14. Notices and Representatives
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be
given under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered
either in hard copy or by email to the representative of the other Party. Either Party may change
its principal representative or principal representative contact information by notice submitted
in accordance with this §14.
15. Rights in Work Product and Other Information
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license,
with the right to sublicense, to make, use, reproduce, distribute, perform, display, create
derivatives of and otherwise exploit all intellectual property created by Grantee or any
Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to
this Grant.
16. Governmental Immunity
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C.
1346(b); and the State's risk management statutes, §524-30-1501, et seq., C.R.S. No term or
condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
17. General Provisions
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred
or assigned without the prior, written consent of the State. Any attempt at assignment or
transfer without such consent shall be void. Any assignment or transfer of Grantee's rights
and obligations approved by the State shall be subject to the provisions of this
Intergovernmental Grant Agreement.
B. Captions and References
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The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only, and shall not be used to interpret, define, or limit its provisions. All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to
sections, subsections, exhibits or other attachments contained herein or incorporated as
a part hereof, unless otherwise noted.
C. Entire Understanding
This Intergovernmental Grant Agreement represents the complete integration of all
understandings between the Parties related to the Work, and all prior representations and
understandings related to the Work, oral or written, are merged into this
Intergovernmental Grant Agreement.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant
Funds following receipt of the updated letter. The Parties may also agree to modification
of the terms and conditions of the Grant in either an option letter or a formal amendment
to this Grant, properly executed and approved in accordance with applicable Colorado
State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State
Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority
then current, as may have been changed or amended since the Performance Start Date.
Grantee shall strictly comply with all applicable Federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws
applicable to discrimination and unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use
of digital signatures issued under the State Fiscal Rules, then any agreement or consent
to use digital signatures within the electronic system through which that signatory signed
shall be incorporated into this Contract by reference.
G. Severability
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The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under the Grant in accordance
with the intent of the Grant.
H. Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or
expiration of the Grant and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties. Any services or benefits which
third parties receive as a result of this Grant are incidental to the Grant, and do not create
any rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this
Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not
operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege
preclude any other or further exercise of such right, power, or privilege.
K. Accessibility
i. Grantee shall comply with and the Work Product provided under this Agreement
shall be in compliance with all applicable provisions of §524-85-101, et seq., C.R.S.,
and the Accessibility Standards for Individuals with a Disability, as established by
OIT pursuant to Section 524-85-103 (2.5), C.R.S. Grantee shall also comply with all
State of Colorado technology standards related to technology accessibility and with
Level AA of the most current version of the Web Content Accessibility Guidelines
(WCAG), incorporated in the State of Colorado technology standards.
ii. The State may require Grantee's compliance to the State's Accessibility Standards
to be determined by a third party selected by the State to attest to Grantee's Work
Product and software is in compliance with §524-85-101, et seq., C.R.S., and the
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Accessibility Standards for Individuals with a Disability as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S.
L. Reserved
18. Colorado Special Provisions (Colorado Fiscal Rule 3-3)
A. Statutory Approval. §24-30-202(1) C.R.S.
This Intergovernmental Grant Agreement shall not be valid until it has been approved by
the Colorado State Controller or designee. If this Intergovernmental Grant Agreement is
for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this
Intergovernmental Grant Agreement shall not be valid until it has been approved by the
State's Chief Information Officer or designee.
B. Fund Availability. §24-30-202(5.5) C.R.S.
Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. Governmental Immunity.
Liability for claims for injuries to persons or property arising from the negligence of the
Parties, its departments, boards, commissions committees, bureaus, offices, employees
and officials shall be controlled and limited by the provisions of the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28
U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b); and the State's risk management statutes,
§524-30-1501, et seq., C.R.S. No term or condition of this Intergovernmental Grant
Agreement shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
D. Independent Contractor.
Grantee shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be
an agent or employee of the State. Grantee shall not have authorization, express or
implied, to bind the State to any agreement, liability, or understanding, except as
expressly set forth herein. Grantee and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the
State shall not pay for or otherwise provide such coverage for Grantee or any of its agents
or employees. Grantee shall pay when due all applicable employment taxes and income
taxes and local head taxes incurred pursuant to this Intergovernmental Grant Agreement.
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Grantee shall (a) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof when
requested by the State, and (c) be solely responsible for its acts and those of its employees
and agents.
E. Compliance with Law.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. Choice of Law, Jurisdiction, and Venue.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations
shall be null and void. All suits or actions related to this Agreement shall be filed and
proceedings held in the State of Colorado and exclusive venue shall be in the City and
County of Denver.
G. Prohibited Terms.
Any term included in this Agreement that requires the State to indemnify or hold Grantee
harmless; requires the State to agree to binding arbitration; limits Grantee's liability for
damages resulting from death, bodily injury, or damage to tangible property; or that
conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement
shall be construed as a waiver of any provision of 524-106-109, C.R.S.
H. Software Piracy Prohibition.
State or other public funds payable under this Grantee shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants
that, during the term of this Agreement and any extensions, Grantee has and shall
maintain in place appropriate systems and controls to prevent such improper use of public
funds. If the State determines that Grantee is in violation of this provision, the State may
exercise any remedy available at law or in equity or under this Grantee, including, without
limitation, immediate termination of this Agreement and any remedy consistent with
federal copyright laws or applicable licensing restrictions.
I. Employee Financial Interest/Conflict of Interest. 5524-18-201 and 24-50-507 C.R.S.
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The signatories aver that to their knowledge, no employee of the State has any personal
or beneficial interest whatsoever in the service or property described in this Agreement.
Grantee has no interest and shall not acquire any interest, direct or indirect, that would
conflict in any manner or degree with the performance of Grantee's services and Grantee
shall not employ any person having such known interests.
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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 expansion and renovation of the Weld County
Motor Pool Complex.
2.2.Work Description. Weld County (Grantee) will hire a qualified contractor to expand and
renovate the Weld County Motor Pool Complex, located at 1399 North 17th Avenue in
Greeley, Colorado. Work includes: 1) construction of an approximately 16,000 square foot
(SF) small vehicle maintenance building; 2) construction of an approximately 36,000 SF
large vehicle maintenance shop; and 3) renovation of an existing approximately 24,000 SF
structure to add a body shop, uplift operations, and a second floor expansion that includes,
but is not limited to, parts storage, break room, locker rooms, training facility, and
employee offices. Additional Work includes site grading; stormwater drainage facilities;
concrete foundation (footer and stem wall); concrete flooring; water, sewer, gas, and
electric utilities, including interior and exterior lighting. The High Performance
Certification Program (HPCP) will not apply to the Project. Grantee will however, comply to
the best of their ability with the HPCP, as required by Colorado Revised Statutes (C.R.S 24-
30-1303.5). Grantee is not required to demonstrate compliance with the HPCP. Grantee will
provide DOLA with electronic copies of accepted project photos, and proof of Substantial
Completion prior to Project Closeout. Grantee will own and maintain all improvements and,
in accordance with 59 below, a contractor will be hired to complete the Work.
2.2.1. The Grantee warrants that the facility will continue to be utilized as a Motor
Pool Complex for at least ten (10) years following completion of the Grant. If
the facility is used for any purpose other than intended during that ten-year
period, the Grantee shall return a portion of the grant funds based on the
following payback schedule: In year one, one hundred percent (100%) of the grant
funds must be returned; in year two, ninety percent (90%); in year three, eighty
percent (80%); in year four, seventy percent (70%); in year five, sixty percent
(60%); in year six, fifty percent (50%); in year seven, forty percent (40%); in year
eight, thirty (30%) percent; in year nine, twenty (20%) and in year ten, ten (10%)
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percent. At the end of the ten (10) year period following the date of completion
of the renovations and thereafter, no State restrictions on use of the property
shall be in effect.
2.3.Responsibilities. Grantee shall be responsible for the completion of the Work and to
provide required documentation to DOLA as specified herein.
2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4.Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall
evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the
terms of this Grant. DOLA reserves the right to recapture advanced Grant Funds when
Grantee has not or is not complying with the terms of this Grant.
2.5.Eligible Expenses. Eligible expenses shall include: contracted labor, materials, bonding,
insurance, permitting, required testing, inspection and/or commissioning costs. Project
and construction oversight, bid process, travel, per diem and legal fees shall be the sole
responsibility of the Grantee.
3. DEFINITIONS
3.1.Project Budget Lines.
3.1.1. "Building or Facility Construction" means labor and materials costs, bond and
insurance costs, bid advertisements, purchase and erection of pre-engineered
buildings, and attorney's fees.
3.2."Substantial Completion" means the Work is sufficiently complete in accordance with the
Grant so it can be utilized for its intended purpose without undue interference.
4. DELIVERABLES
4.1.Outcome. The final outcome of this Grant is completed expansion and renovation of the
Weld County Motor Pool Complex.
4.2.Service Area. The performance of the Work described within this Grant shall be located in
Greeley, Colorado.
4.3.Performance Measures. Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will:
Put Project out to bid. Within 120 days after the
Effective Date of this
Intergovernmental Grant
Agreement.
Award and finalize subcontract(s). Within 60 days after bid opening.
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Provide DOLA with Project Timeline. Within 60 days after the Effective
Date of the subcontract(s).
Provide DOLA with an electronic copy of the To be included with the Project
project photos and proof of Substantial Final Report.
Completion (i.e. Certificate of Occupancy,
Certificate of Completion, Board motion of
approval, lien waiver).
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Reports See §4.5.2 below
Submit Project Final Report November 29, 2027
4.4.Budget Line Adjustments.
4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds
between and among budget lines, so long as the total amount of Grant Funds
remains unchanged. To make such budget line changes, DOLA will use an Option
Letter (Exhibit G).
4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in
any one or any combination of budget lines as described in §6.2, or move Other
Funds between and among budget lines, so long as the total amount of such
"Other Funds" is not less than the amount set forth in §6.2 below. Grantee may
increase the Total Project Cost with "Other Funds" and such change does not
require an amendment or option letter. DOLA will verify the Grantee's
contribution of "Other Funds" and compliance with this section at Project
Closeout.
4.5.Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first
quarter following execution of this Grant and for each quarter thereafter until termination
of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided
by the State. The State shall pay the Grantee for actual expenditures made in the
performance of this Grant based on the submission of statements in the format prescribed
by the State. The Grantee shall submit Pay Requests setting forth a detailed description
and provide documentation of the amounts and types of reimbursable expenses. Pay
Requests and Status Reports are due within 30 days of the end of the quarter but may be
submitted more frequently at the discretion of the Grantee.
4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall
indicate zero (0) requested in the Pay Request and describe the status of the
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Work in the Status Report. The report will contain an update of expenditure of
funds by budget line as per S6.2 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
4th (Oct-Dec) 2025 January 30, 2026 Yes Yes
15t (Jan-Mar) 2026 April 30, 2026 Yes Yes
2nd (Apr-Jun) 2026 JULY 15, 2026* Yes Yes
3rd (Jul-Sep) 2026 October 30, 2026 Yes Yes
4th (Oct-Dec) 2026 January 30, 2027 Yes Yes
1st (Jan-Mar) 2027 April 30, 2027 Yes Yes
2nd (Apr-Jun) 2027 JULY 15, 2027* Yes Yes
3rd (Jul-Sep) 2027 October 30, 2027 Yes Yes
*State fiscal year runs July 1 - June 30 annually. Grantee must request
reimbursement for all eligible costs incurred during a State fiscal year by July 15
annually.
4.6.DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of
Local Affairs in any and all materials or events designed to promote or educate the public
about the Work and the Project, including but not limited to: press releases, newspaper
articles, op-ed pieces, press conferences, presentations and brochures/pamphlets.
5. PERSONNEL
5.1.Responsible Administrator. Grantee's performance hereunder shall be under the direct
supervision of Rusty Williams, Controller, (rwilliams®weld.gov), who is an employee or
agent of Grantee, and is hereby designated as the responsible administrator of this Project
and a key person under this S5. Such administrator shall be updated through the process in
S5.3. 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. Don Dunker, County Engineer, (ddunker®weld.gov) and Chris D'
Ovidio, Assistant Controller, (cdovidio@weldgov.com). Such key personnel shall be
updated through the process in 55.3.
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5.3.Replacement. Grantee shall immediately notify the State if any key personnel specified in
S5 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in
accordance with S14 of the Grant.
5.4.DLG Regional Manager: Chris La May, (970) 679-7679, (chris.la.may®state.co.us)
5.5.DLG Regional Assistant: TBD
6. FUNDING
The State provided funds shall be limited to the amount specified under the "Grant Funds"
column of S6.2, Budget, below.
6.1.Matching/Other Funds. Grantee shall provide at least 96% 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 S6.2 below. Increases to
Grantee's contribution to Total Project Cost do not require modification of this
Intergovernmental Grant Agreement and/or Exhibit B.
6.2.Budget
Budget Line(s) Total Project Grant Other Funds Other
Line Cost Category Cost Funds Funds
Source
1 Building or Facility $15,379,452 $600,000 $14,779,452 Grantee
Construction
Total $15,379,452 $600,000 $14,779,452
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in 55 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) $570,000 Paid upon receipt of actual expense
documentation and written Pay Requests from
the Grantee for reimbursement of eligible
approved expenses.
Page 5 of 7
Docusign Envelope ID 4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
EIAF 25-158 - Weld County Motor Pool Complex
Final Payment $30,000 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 $600,000
7.2.Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per
year for administrative expenses.
8. ADMINISTRATIVE REQUIREMENTS
8.1.Reporting. Grantee shall submit the following reports to DOLA using the State-provided
forms. DOLA may withhold payment(s) if such reports are not submitted timely.
8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be
submitted to DOLA in accordance with S4.5 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.
Page 6 of 7
Docusign Envelope ID 4671 A327-0DCA-45DC-B011-3B8F8F 1 A7A8B
EIAF 25-158 - Weld County Motor Pool Complex
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 Et Specifications. Construction plans and specifications shall be drawn up by a
qualified engineer or architect licensed in the State of Colorado, or pre-engineered in
accordance with Colorado law, and hired by the Grantee through a competitive selection
process.
9.2.Procurement. A construction contract shall be awarded to a qualified construction firm
through a formal selection process with the Grantee being obligated to award the
construction contract to the lowest responsive, responsible bidder meeting the Grantee's
specifications.
9.3.Subcontracts. Copies of any and all contracts entered into by the Grantee in order to
accomplish this Project shall be submitted to DOLA upon request, and any and all contracts
entered into by the Grantee or any of its Subcontractors shall comply with all applicable
federal and state laws and shall be governed by the laws of the State of Colorado.
9.4.Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable
statutory design and construction standards and procedures that may be required, including
the standards required by Colorado Department of Public Health and Environment, and shall
provide the State with documentation of such compliance.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 7 of 7
Docusign Envelope ID:4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
EIAF 25-158 - Weld County Motor Pool Complex
STATE OF COLORADO CONTRACT MODIFICATION
OPTION LETTER #Insert # Here
SIGNATURE AND COVER PAGE
State Agency
DLG Portal Number
Department of Local Affairs (DOLA)
Insert DLG Portal number for this Project
Grantee
Current Grant Agreement Expiration
Insert Grantee's Full Legal Name
Date
Project Number and Name
Month Day, Year
Insert DOLA's project number and name
Prior Grant Agreement Expiration Date
Option Letter CMS Number
Month Day, Year
Insert CMS number for this Amendment
Grant Amount
Previous CMS #(s) Initial Award: $0.00
Insert CMS number for orig Agreement, and Option Letter # and date effective/spendable:
any prior chg docs $0.00
Program Name Option Letter # and date effective/spendable:
Energy Er Mineral Impact Assistance Program $0.00
(Acctg Dropdwn EIAF) Total Grant Amount: $0.00
Funding Account Codes DOLA Regional Manager
Enter CTGG1 number ::noose an item.
Phase Code DOLA Regional Assistant
Acctg enters Phase Code Choose an itr—
Page 1 of 5
Docusign Envelope ID:4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
EIAF 25-158 - Weld County Motor Pool Complex
STATE OF COLORADO STATE CONTROLLER
Jared S. Polls, Governor Robert Jaros, CPA, MBA, JD
Colorado Department of Local Affairs
By: Maria De Cambra, Executive Director By: Beulah Messick, DOLA Controller Delegate
Date: Effective Date:
In accordance with S24-30-202, C.R.S., this
Option is not valid until signed and dated
above by the State Controller or an
authorized delegate.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 2 of 5
Docusign Envelope ID 4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
EIAF 25-158 - Weld County Motor Pool Complex
1. OPTIONS. Choose all applicable options listed in 51 and in 52:
A. I I Option to extend (use this option for Extension of Time)
B. I I Change in the Grant Award Amount within the current term (use this option
for an Increase or Decrease in Grant Funds, including Supplemental funding
awards)
C. I I Budget Line Adjustment(s) reallocation of awarded Grant Funds to Budget
Line(s) (use this Option to redistribute existing Grant Funds between budget
lines)
2. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set
forth below:
A. For use with Option 1(A): In accordance with Section 2(A) of the original
Intergovernmental Grant Agreement between the State of Colorado, acting by
and through the Colorado Department of Local Affairs, and Grantee's Name, the
State hereby exercises its option for an additional term beginning Insert start
date and ending on Insert ending date. Tables in Sections 4.3 and 4.5.2 of
Exhibit B are deleted and replaced with the following:
Milestone/Performance Measure By:
Put Project out to bid. Within days of the Effective Date of this
Intergovernmental Grant Agreement.
Award and finalize subcontract(s) [give target date]
and/or sub-grant(s).
Provide DOLA with Project Timeline Within days of the Effective Date of the
subcontract(s).
Contractor mobilization/begin Within days of the Effective Date of the
Work. subcontract(s).
Submit Quarterly Pay Requests See S4.5.2 below
Submit Quarterly Status Reports See S4.5.2 below
Submit Project Final Report [give date certain]
Page 3 of 5
Docusign Envelope ID:4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
EIAF 25-158 - Weld County Motor Pool Complex
Quarter Year Due Date Pay Request Status Report
4th (Oct-Dec) 2024 January 30, 2025 Yes Yes
1st (Jan-Mar) 2025 April 30, 2025 Yes Yes
2nd (Apr-Jun) 2025 JULY 15, 2025* Yes Yes
3rd (Jul-Sep) 2025 October 30, 2025 Yes Yes
4th (Oct-Dec) 2025 January 30, 2026 Yes Yes
1st (Jan-Mar) 2026 April 30, 2026 Yes Yes
2nd (Apr-Jun) 2026 JULY 15, 2026* Yes Yes
3rd (Jul-Sep) 2026 October 30, 2026 Yes Yes
4th (Oct-Dec) 2026 January 30, 2027 Yes Yes
B. For use with Option 1(B): In accordance with Section 5(A)(i) of the original
Intergovernmental Grant Agreement between the State of Colorado, acting by
and through the Colorado Department of Local Affairs, and Grantee's Name, the
State hereby exercises its option to increase/decrease Grant Funds awarded for
this Project in an amount equal to amt of increase or (decrease), from
beginning dollar amt to ending dollar amt. The Grant Award Amount shown on
the Summary of Terms and Conditions page of this Intergovernmental Grant
Agreement is hereby changed to ending dollar amt. The Budget table in Section
6.2 and the Payment Schedule in Section 7.1, both of Exhibit B, are deleted and
replaced with the following:
Budget Line(s) Total Project Grant Other Other Funds
Line Cost Category Cost Funds Funds Source
Architectural/Engineering $ 0.00 Grantee
Services
Construction/Improvement Grantee
of Public Roadways
Total $ 0.00 $ 0.00 $ 0.00
Payment Amount
Page 4 of 5
Docusign Envelope ID 4671A327-0DCA-45DC-B011-3B8F8F1A7A8B
EIAF 25-158 - Weld County Motor Pool Complex
Interim Payment(s) Paid upon receipt of actual expense
documentation and written Pay Requests from
the Grantee for reimbursement of eligible
approved expenses.
Final Payment Paid upon Substantial Completion of the
Project (as determined by the State in its sole
discretion), provided that the Grantee has
submitted, and DOLA has accepted, all
required reports.
Total
C. For use with Option 1(C): In accordance with Section 5(D) of the original
Intergovernmental Grant Agreement between the State of Colorado, acting by
and through the Colorado Department of Local Affairs, and Grantee's Name, the
State hereby exercises its option to re-allocate awarded Grant Funds within the
Project Budget. The Budget table in Section 6.2 of Exhibit B is deleted and
replaced with the following:
Budget Line(s) Total Project Grant Other Other Funds
Line Cost Category Cost Funds Funds Source
Architectural/Engineering $ 0.00 Grantee
Services
Construction/Improvement Grantee
of Public Roadways
Total $ 0.00 $ 0.00 $ 0.00
3. OPTION LETTER EFFECTIVE DATE:
The effective date of this Option Letter is upon approval of the State Controller or
Month Day, Year, whichever is later.
Page 5 of 5
EIAF PORTAL Reimbursement Form FINAL REQUEST/REPORT("X"if Yes)
COLORADO
Grantee Et Project Name: Weld County Motor Pool Complex isoDepartmentof LocalAHars
EIAF# 25-158 —IIReimbursement Request#
Payment made Reimbursed Amount Paid
Who is being paid(Contractor, Service End Grantee Check Grantee Check Total Invoice for(Budget Line with State EIAF with Grantee
consultant,vendor,etc.)and For What Invoice Number Invoice Date Service Start Date Date Number Date Amount #) Grant Funds Matching Funds
1 1 $ - $
2 1 S - $
3 1 $ - $
4 1 S - $
5 1 S - $
6 1 5 - $
7 1 $ - $
8 1 S - $
9 1 5 - 5
10 1 S - $
5 TOTALS: $ - $
PROJECT EXPENSE SUMMARY(Total to Date)
A B C D E F
TOTAL Budget Line Item Total EIAF Funds Total Grantee Funds
EIAF Contract Expense Line Item Description Amount(FROM State Expended To Date, Expended To Date, Total Funds Budgeted Funds
(FROM State Contract EXHIBIT B-Scope of Contract-Exhibit B-6.2 including this including this Expended(B plus C Remaining(A minus
Project-6.2 Project Budget) Project Budget) Request Request plus D) E) Execution Date: 9/29/2025
1 Building or Facility Construction $15,379,452.00 $ - $ 15,379,452.00 Expiration Date: 8/31/2027
TOTALS: $15,379,452.00 $ - $ - $ - $ 15,379,452.00
Grantee Match Percentage: 96%
By signing below,I certify to the best of my knowledge the data in this report is correct and all expenditures were made in accordance with the grant contract agreements.
Contract Responsible Administrator or Chief Elected Official Signature Date
Typed Name of Signator Title
May 2021 Page 1 EIAF PORTAL RFR Form
EIAF # 25-158 Weld County Motor Pool Complex
Lead Applicant: Weld County RM: Chris La May
Project Type: PUBFAC RA: Gheda Gayou
Scope of Work
The project is the expansion and renovation of the Weld County Motor Pool Complex, located at
1399 North 17th Avenue in the City of Greeley, Colorado. The project includes: 1) construction of a
16,000-square-foot (SF) small vehicle maintenance building; 2) construction of a 36,000-SF large
vehicle maintenance shop; and 3) renovation of an existing 24,000-SF structure to add a body shop,
uplift operations, and a second floor expansion for a more centralized operations center that
includes, but is not limited to, parts storage, break room, locker rooms, training facility, and
employee offices. The facility will be insulated and heated by radiant heat. The project includes
site grading; stormwater drainage facilities; concrete foundation (footer and stem wall); concrete
flooring; water, sewer, gas, and electric utilities, including light-emitting diode (LED) interior and
exterior lighting.
Demonstration of need
Weld County services and operations continue to grow and expand, creating the need for more
vehicles and heavy equipment, including compressed natural gas (GNG) vehicles and those
addressing impacts from the oil and gas industry. The growth in vehicles and equipment increases
demand for reliable maintenance and repair services. While the existing 24,000 SF Motor Pool
Complex constructed in 1989 has served the County well, it is beyond its useful life and limits the
County's ability to keep up with the high demand for maintenance and repairs of County vehicles
and equipment.
Measurable Outcomes
The new Motor Pool Complex will allow the Weld County Fleet Division to improve maintenance
reliability for more than 1,000 pieces of Department equipment, enabling the County to provide
support to its residents and businesses in a responsive manner.
EIAF # 25-158 Lead Applicant: Weld County
Community Goals
Weld County recently completed a 2024 Facilities Master Plan to develop a comprehensive
approach to addressing future department facility needs. The plan emphasizes workplace
environment, customer experience, evaluates county services, and prioritizes facility
improvements. The Motor Pool Complex project was identified in the plan as a priority project and
is included in the Facilities Department's Capital Improvement Plan.
Local Effort
The Motor Pool Complex has been identified in Weld County's 2025 Capital Expenditures Fund
Budget. The County Commissioners approved a $394,045 contract for design of the facility and the
County has incurred $118,214 in expense, as of May 8, 2025.
Project Readiness Begin in 3-6 Months Complete in 12-24 Months
Design a* Engineering 25%-49% - In Progress
Readiness: Score 0-2 or N/A Total Readiness Score: 12
Permitting-Easements-ROW: 1 Engineering-Design: 1 Zoning: 2 Local Capacity: 2 Financing: 2
Design is in progress. Building permits will be secured through the Weld County Building Department.
Historic Register - N/A HPCP: N/A County/Impact Score (0-10): Weld 9
Implements improved energy efficiencies or strategies: Yes Population: 376,012
Resiliency Score (1-10): 6
The expansion and renovation of the Fleet buildings will include LED lighting and more
energy-efficient heating and cooling (HVAC) systems. The project expands and enhances an existing
facility and an existing site that is currently used for fleet services.
Pros: Weld County has an established record of finishing Energy and Mineral Impact Assistance
grant-funded projects on time and within budget.
Cons: Weld County could likely provide a larger match.
EIAF # 25-158 Lead Applicant: Weld County
Budget Line Item Total Cost State Jurisdiction Jurisdiction
In-Kind P
Funds Funds Fund Source C
Construction $ 12,303,562 $ 1,000,000 $ 14,379,452 Capital Expenditure c
Fund
Project Contingency
20 % $ 3,075,890
Project Total $ 15,379,452 $ 1,000,000 $ 14,379,452 $ 0
State/local share of total project 7 % 93 % % local match 100%
costs confirmed
Financial Data: Special/Enterprise Fund: Capital
Property Tax Revenue $ 306,627,137 Budget Revenues $ 82,933,927
Sales Tax Est. Annual Revenue $ 0 Budget Expenditures $ 46,989,534
General Fund Budget Revenues $ 250,656,157 Total Outstanding Debt
General Fund Budget Expenditures $ 250,736,328 Fund Mill Levy 4.254
General Fund Balance $ 97,597,498 Fund Balance $ 84,505,689
General Fund Balance % Available 39 %
General Fund Unassigned Balance $ 73,902,463 Water/Sewer Tap Fee
Total Outstanding Debt (all funds) $ 0 Water/Sewer # of Taps
Total Mill Levy 15.956 is < statewide median 18.524 counties > 25,000
Sales Tax Rate 0% is < statewide median 1.00% counties > 25,000
Monthly Water User Charge N/A $59.19
Monthly Sewer User Charge N/A $41.23
Applicant Questions:
What are the consequences of partial funding?
EIAF PORTAL Reimbursement Form FINAL REQUEST/REPORT("X"if Yes)
COLORADO
Grantee ECProject Name: Weld County Keansburg Grader Facility A re tllg Department of Local Affairs
EIAF# 25-121 Reimbursement Request#
Payment made Reimbursed Amount Paid
Who is being paid(Contractor, Service End Grantee Check Grantee Check Total Invoice for(Budget Line with State EIAF with Grantee
consultant,vendor,etc.)and For What Invoice Number Invoice Date Service Start Date Date Number Date Amount #) Grant Funds Matching Funds
1 1 $ - $
2 1 $ - $
3 1 $ - $
4 1 $ - $
5 1 $ - $
6 1 $ - $
7 1 $ - $
8 1 $ - $
9 1 $ - $
10 1 $ S
$ - TOTALS: $ - $
PROJECT EXPENSE SUMMARY(Total to Date)
A B C D E F
TOTAL Budget Line Item Total EIAF Funds Total Grantee Funds
EIAF Contract Expense Line Item Description Amount(FROM State Expended To Date, Expended To Date, Total Funds Budgeted Funds
(FROM State Contract EXHIBIT B-Scope of Contract-Exhibit B-6.2 including this including this Expended(B plus C Remaining(A minus
Project-6.2 Project Budget) Project Budget) Request Request plus D) E) Execution Date: 6/27/2025
1 Building or Facility Construction $1,340,000.00 $ - $ 1,340,000.00 Expiration Date: 8/31/2027
TOTALS: S1,340,000.00 $ $ - $ - $ 1,340,000.00
Grantee Match Percentage: 85%
By signing below,I certify to the best of my knowledge the data in this report is correct and all expenditures were made in accordance with the grant contract agreements.
Contract Responsible Administrator or Chief Elected Official Signature Date - -
Typed Name of Signator Title
May 2021 Page 1 EIAF PORTAL RFR Form
Contract Form
Entity Information
Entity Name* Entity ID* Q New Entity?
DEPARTMENT OF LOCAL AFFAIRS @00006432
Contract Name* Contract ID Parent Contract ID
MOTOTR POOL RENOVATION GRANT APPROVAL AND 10113
ACCEPTANCE OF TERMS Requires Board Approval
Contract Lead* YES
Contract Status CNAIBAUER
CTB REVIEW Department Project#
Contract Lead Email
cnaibauer@weld.gov
Contract Description*
APPROVAL OF DOLA GRANT AND ACCEPTANCE OF TERMS FOR THE MOTOR POOL RENOVATION
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
GRANT BUILDINGS AND Date* 1 1 /27/2025
GROUNDS 12/01 /2025
Amount*
$600,000.00 Department Email Will a work session with BOCC be required?*
CM- NO
Renewable* BuildingGrounds@weld.go
NO Does Contract require Purchasing Dept. to be
v
included?
Automatic Renewal Department Head Email
Grant CM-BuildingGrounds-
DeptHead@weld.gov
IGA
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
11 /30/2026
Termination Notice Period Expiration Date*
Committed Delivery Date 11 /30/2026
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
RUSTY WILLIAMS RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
11 /21 /2025 11 /21 /2025 11 /21 /2025
Final Approval
BOCC Approved Tyler Ref#
AG 120125
BOCC Signed Date
BOCC Agenda Date Originator
CNAIBAUER
1 2/O1 /2025
Hello