HomeMy WebLinkAboutbocc.res.010.2024
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO APPROVING AND AUTHORIZING THE CHAIR TO SIGN A GRANT AGREEMENT WITH THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR ELECTRIFYING THE PITKIN COUNTY LIBRARY AND HEALTH AND HUMAN SERVICES BUILDINGS RESOLUTION NO. 010, 2024 RECITALS
WHEREAS, pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (“HRC”) official action by formal resolution shall be required for all actions of the Board
not requiring ordinance power on matters of significant importance affecting citizens, and; WHEREAS, in 2021, Pitkin County (“the County”) adopted Climate Action Goals under Resolution No. 042-2021 to 1) reduce annual greenhouse gas emissions by 90% from 2019
levels by 2050; 2) adapt infrastructure, land-use, and regional and environmental resources
for the impacts of Climate Change, and; 3) equitably involve citizens and stakeholders of all socio-economic and racial backgrounds in outreach and education programs to determine and provide best practices for Climate Change adaptation and mitigation, and;
WHEREAS, the State of Colorado's Department of Local Affairs (“DOLA”) established the
Climate Resilience Challenge which set aside $20M over the next three fiscal years to encourage and support local governments to promote and integrate climate resilience projects that capture multiple objectives across climate adaptation and climate mitigation solutions, holistically address the most high-risk vulnerabilities for the region while
advancing inclusion, diversity, equity, and accessibility (IDEA), and;
WHEREAS, pursuant to Resolution No. 053-2023, the County applied for an Energy and Mineral Impact Assistance Fund, Climate Resilience Challenge Planning Grant with (“DOLA”) for electrifying the Pitkin County Library and Health and Human Services
buildings, and;
WHEREAS, electrifying county-owned facilities is a key action identified in Pitkin County's Climate Action Plan required to reduce greenhouse gas emissions by eliminating reliance on natural gas for heating;
WHEREAS, the Building Electrification Study identified Pitkin County Library and the Schultz Health and Human Services facilities were identified as the highest priorities due to aging infrastructure and would offset 280 tons of CO2 per year, and;
WHEREAS, as per the letter dated November 8, 2023, from DOLA, attached hereto as Exhibit A, the County has been awarded a grant in the amount of $3,023,465 with $1,628,020 in committed from in match dollars from the County’s REMP fund, and; WHEREAS, the BOCC finds that it is in the best interests of the citizens of Pitkin County
to approve this Resolution.
RESOLUTION NO. 010, 2024
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a Resolution Approving and Authorizing the Chair to Sign, a Grant Agreement attached hereto as Exhibit B, with the Colorado
Department of Local Affairs for Electrifying the Pitkin County Library and Health and Human Services Buildings and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter.
INTRODUCED AND FIRST READ ON THE 14TH DAY OF FEBRUARY, 2024 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 28TH DAY OF FEBRUARY, 2024. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 15TH DAY OF FEBRUARY, 2024. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com )
ON THE 15TH DAY OF FEBRUARY, 2024. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 28TH DAY OF FEBRUARY, 2024.
POSTED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 7TH DAY OF MARCH 2024. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN DAILY NEWS ON THE 7TH DAY OF MARCH, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________ Sam Engen Greg Poschman, Chair
Clerk to the Board Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________ John Ely, County Attorney Jon Peacock, County Manager
Mar-04-2024
Governor Jared Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
November 8, 2023
The Honorable Francie Jacober, BOCC Chair
Pitkin County
530 E. Main Street
Aspen, CO 81611
RE: EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Dear Commissioner Jacober:
Congratulations! After thorough review, I am excited to offer a grant award in the amount of $3,023,465 to
assist with the above mentioned project.
Your project was reviewed based on a variety of factors such as its connection to energy impact, degree of
need, measurable outcomes, amount of request, relationship to community goals, level of local match and
community support, management capacity, resiliency and readiness to go. Competition for these limited
funds is intense and we are seeing great demand.
DOLA encourages and supports local governments to integrate climate adaptation and climate mitigation
solutions that build resilience, mitigate hazards, and prepare communities for future climate-related
impacts and social equity vulnerabilities. We are excited to fund innovative projects such as this and look
forward to future updates on its progression.
These grant funds will be from state severance tax proceeds, which may cause you to go to election to
receive and spend them. You should confer with your legal and budget advisors to determine if such an
election is necessary.
Please contact your DOLA Regional Manager, Kate McIntire, at 970-744-0760 for information on how to
proceed. Expenditure of State funds prior to the contract being fully executed cannot be included in the
contract budget or reimbursed by the State. Per our program guidelines, this offer is valid for one year
from the date of this letter.
I wish you success with your project. Thank you for helping Colorado build an economy where all
Coloradans can thrive.
Sincerely,
Rick M. Garcia
Executive Director
cc: Perry Will, State Senator
Elizabeth Velasco, State Representative
Kara Silbernagel, Pitkin County
Jodi Smith, Pitkin County
Kate McIntire, DOLA
Exhibit A
State of Colorado Intergovernmental Grant Agreement
SUMMARY OF TERMS AND CONDITIONS
State Agency
Department of Local Affairs (DOLA)
DLG Portal Number
EIAF-09713
CMS Number
188545
Grantee
Pitkin County
Grant Award Amount
$3,023,465.00
Retainage Amount
$151,173.00
Project Number and Name
EIAF 9713 – CRC Pitkin County Public Building
Electrification - Phase I
Performance Start Date
The later of the Effective Date
or January 16, 2024
Grant Expiration Date
December 31, 2025
Project Description
The Project consists of transitioning the Pitkin County
Library and Pitkin County Health and Human Services
Center from traditional natural gas heating systems over to
electric systems.
Program Name
Energy & Mineral Impact Assistance Program ( )
Funding Source
STATE FUNDS
Catalog of Federal Domestic Assistance (CFDA) Number
N/A
DOLA Regional Manager
Kate McIntire, (970) 744-0760,
(kate.mcintire@state.co.us)
Funding Account Codes
DOLA Regional Assistant
Nichole Robillard, (970) 473-4947,
(nichole.robillard@state.co.us)
VCUST#
14283
Address
Code CN003 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
_______________________________________________
By: Angie Cue, EIAF Program Manager
Date: __________________________________
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Maria De Cambra, Executive Director
______________________________________________
By: Maria De Cambra, Executive Director
Date: _________________________
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
___________________________________________
By: Beulah Messick, Controller Delegate
Department of Local Affairs
Effective Date:_____________________
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF
1/21/2024 | 4:07 PM PST 1/22/2024 | 10:55 AM MST
CTGG1 NLAA 202400003325
1/22/2024 | 5:49 PM MST
Exhibit B
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 2 of 13 Version 12 2023
TERMS AND CONDITIONS
1. GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Terms and
Conditions page of this Intergovernmental Grant Agreement (the “State”) hereby obligates and
awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement (the “Grantee”) an award of Grant Funds in the amount shown on the Summary
of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant
Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the
terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions
of all Exhibits to this Intergovernmental Grant Agreement.
2. TERM
A. Initial Grant Term and Extension
The Parties’ respective performances under this Intergovernmental Grant Agreement shall
commence on the Performance Start Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter showing
the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State, Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated, or otherwise become unavailable to fund this Intergovernmental Grant
Agreement, the State, in its discretion, may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee. If the State terminates
this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement that corresponds to the percentage of Work
satisfactorily completed, as determined by the State, less payments previously made.
Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-
of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement
that are incurred by Grantee and are directly attributable to the uncompleted portion of
Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed
the maximum amount payable to Grantee hereunder. This subsection shall not apply to a
termination of this Intergovernmental Grant Agreement by the State for breach by Grantee.
C. Reserved.
3. AUTHORITY
Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows:
A. Reserved.
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 3 of 13 Version 12 2023
B. State Authority
Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have
been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110
(Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof
remains available for payment. Required approvals, clearance and coordination have been
accomplished from and with appropriate agencies. This Intergovernmental Grant Agreement
is funded, in whole or in part, with State funds.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” means the budget for the Work described in Exhibit B.
B. “Business Day” means any day on which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1) C.R.S.
C. Reserved.
D. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S.
E. “Grant” or “Intergovernmental Grant Agreement” means this agreement which offers
Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future updates thereto.
F. “Grant Funds” or “Grant Award Amount” means the funds that have been appropriated,
designated, encumbered, or otherwise made available for payment by the State under this
Intergovernmental Grant Agreement.
G. “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Terms
and Conditions page of this Intergovernmental Grant Agreement. Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
H. “Performance Start Date” means the later of the Performance Start Date or the Effective
Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant
Agreement.
I. “Exhibits” means the following exhibits attached to this Intergovernmental Grant
Agreement:
i. Exhibit B, Scope of Project
ii. Exhibit G, Form of Option Letter
J. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement, an
amendment, or an Option Letter.
K. Reserved.
L. Reserved.
M. “Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired, produced, or delivered by Grantee in connection with the Services.
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 4 of 13 Version 12 2023
N. “Incident” means any accidental or deliberate event that results in, or constitutes an
imminent threat of, the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
O. “Initial Term” means the time period between the Performance Start Date and the initial
Grant Expiration Date.
P. “Matching Funds” or “Other Funds” means funds provided by the Grantee as a match
required to receive the Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. Reserved.
S. Reserved.
T. Reserved.
U. Reserved.
V. “Services” means the services performed by Grantee as set forth in this Intergovernmental
Grant Agreement, and shall include any services rendered by Grantee in connection with the
Goods.
W. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to State
personnel records not subject to disclosure under CORA. State Confidential Information shall
not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by
the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known
to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently
becomes publicly available without breach of any obligation owed by Grantee to the State;
(iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the
right to disclose such information; or (v) was independently developed without reliance on
any State Confidential Information.
X. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Y. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
Z. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
AA. Reserved.
BB. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. “Subcontractor” also includes sub-grantees.
CC. Reserved.
DD. Reserved.
EE. Reserved.
FF. “Work” means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 5 of 13 Version 12 2023
GG. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Performance Start
Date that is used, without modification, in the performance of the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
5. PURPOSE
The purpose of the Energy and Mineral Impact Assistance Program is to assist political
subdivisions that are socially and/or economically impacted by the development, processing, or
energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit
B.
6. SCOPE OF PROJECT
Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in
accordance with the provisions of Exhibit B. The State shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Intergovernmental Grant Agreement.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Award
Amount shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement.
i. The State may increase or decrease the Grant Award Amount by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter
showing the new Grant Award Amount.
ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or
expense incurred before the Performance Start Date or after the Grant Expiration Date.
iii. Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
B. Reserved.
C. Matching Funds.
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the
“Local Match Amount”). Grantee shall appropriate and allocate all Local Match Amounts to
the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting
any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental
Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year
debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees,
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 6 of 13 Version 12 2023
taxes or penalties of any nature, except as required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B.
The State shall only reimburse allowable costs if those costs are: (a) reasonable and necessary
to accomplish the Work and for the Goods and Services provided; and (b) equal to the actual
net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that
reduce the cost actually incurred).
i. Upon request of the Grantee, the State may, without changing the maximum total
amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between
each line of the Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
E. Close-Out and De-obligation of Grant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Intergovernmental Grant Agreement and Grantee’s final
reimbursement request or invoice. The State will withhold 5% of allowable costs until all
final documentation has been submitted and accepted by the State as substantially complete.
Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement
request are subject to de-obligation by the State.
F. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Intergovernmental Grant Agreement, deduction from
any payment due under any other contracts, grants or agreements between the State and
Grantee, or by any other appropriate method for collecting debts owed to the State.
8. REPORTING – NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out period described in §7.E.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Award.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 7 of 13 Version 12 2023
all such records during normal business hours at Grantee’s office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee’s performance of its obligations under this Intergovernmental
Grant Agreement using procedures as determined by the State. The State shall have the right,
in its sole discretion, to change its monitoring procedures and requirements at any time during
the term of this Agreement. The State shall monitor Grantee’s performance in a manner that
does not unduly interfere with Grantee’s performance of the Work.
C. Audits
Grantee shall comply with all State and federal audit requirements.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this
Intergovernmental Grant Agreement. Grantee shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office
of Information Security and all applicable laws, rules, policies, publications, and guidelines.
If Grantee or any of its Subcontractors will or may receive the following types of data,
Grantee or its Subcontractors shall provide for the security of such data according to the
following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax Information attached
to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI (payment card
information) Data Security Standard from the PCI Security Standards Council for all PCI,
(iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information (CJI) Services Security Policy for all CJI, and
(iv) the federal Health Insurance Portability and Accountability Act (HIPAA) for all
protected health information (PHI) and the HIPAA Business Associate Agreement attached
to this Grant, if applicable. Grantee shall immediately forward any request or demand for
State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such
agents, employees, assigns, and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant, and that the nondisclosure agreements
are in force at all times the agent, employee, assign or Subcontractor has access to any State
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 8 of 13 Version 12 2023
Confidential Information. Grantee shall provide copies of those signed nondisclosure
restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding Personally Identifiable Information (PII)
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be a
“Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as
set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee’s
employees, agents and Subcontractors, agrees not to share any PII with any third parties for
the purpose of investigating for, participating in, cooperating with, or assisting with Federal
immigration enforcement. If Grantee is given direct access to any State databases containing
PII, Grantee shall execute, on behalf of itself and its employees, the certification on an annual
basis, attached as an exhibit, if applicable. Grantee’s duty and obligation to certify as set forth
in the exhibit shall continue as long as Grantee has direct access to any State databases
containing PII. If Grantee uses any Subcontractors to perform services requiring direct access
to State databases containing PII, the Grantee shall require such Subcontractors to execute
and deliver the certification to the State on an annual basis, so long as the Subcontractor has
access to State databases containing PII.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 9 of 13 Version 12 2023
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration. Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Intergovernmental Grant
Agreement, if Grantee fails to comply with any term or condition of this Grant, the State may
terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State
in the State’s sole discretion. The State may also terminate this Intergovernmental Grant
Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased
performing the Work without intent to resume performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in
hard copy or by email to the representative of the other Party. Either Party may change its principal
representative or principal representative contact information by notice submitted in accordance
with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C.
1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 10 of 13 Version 12 2023
condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
18. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Intergovernmental
Grant Agreement.
B. Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only, and shall not be used to interpret, define, or limit its provisions. All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections,
subsections, exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
C. Entire Understanding
This Intergovernmental Grant Agreement represents the complete integration of all
understandings between the Parties related to the Work, and all prior representations and
understandings related to the Work, oral or written, are merged into this Intergovernmental
Grant Agreement.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter. The Parties may also agree to modification of the
terms and conditions of the Grant in either an option letter or a formal amendment to this
Grant, properly executed and approved in accordance with applicable Colorado State law and
State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal
Rule, fiscal policy or other authority shall be interpreted to refer to such authority then
current, as may have been changed or amended since the Performance Start Date. Grantee
shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect
or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 11 of 13 Version 12 2023
G. Order of Precedence
In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement
and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference
to the documents in the following order of priority:
i. Colorado Special Provisions in §19 of the main body of this Grant;
ii. Any executed Option Letter and Amendment;
iii. The provisions of this Intergovernmental Grant Agreement; and
iv. The provisions of any exhibits to this Intergovernmental Grant Agreement.
H. Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under the Grant in accordance with
the intent of the Grant.
I. Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration
of the Grant and shall be enforceable by the other Party.
J. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties. Any services or benefits which
third parties receive as a result of this Grant are incidental to the Grant, and do not create any
rights for such third parties.
K. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this
Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not
operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege
preclude any other or further exercise of such right, power, or privilege.
L. Accessibility
i. Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act
of 1973, as amended.
ii. Grantee shall comply with and the Work Product provided under this Agreement
shall be in compliance with all applicable provisions of §§24-85-101, et seq.,
C.R.S., and the Accessibility Standards for Individuals with a Disability, as
established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also
comply with all State of Colorado technology standards related to technology
accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 12 of 13 Version 12 2023
iii. The State may require Grantee’s compliance to the State’s Accessibility Standards
to be determined by a third party selected by the State to attest to Grantee’s Work
Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the
Accessibility Standards for Individuals with a Disability as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S.
M. Reserved.
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A. STATUTORY APPROVAL. §24-30-202(1) C.R.S.
This Intergovernmental Grant Agreement shall not be valid until it has been approved by the
Colorado State Controller or designee. If this Intergovernmental Grant Agreement is for a
Major Information Technology Project, as defined in §24-37.5-102(2.6), then this
Intergovernmental Grant Agreement shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S.
Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the
Parties, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et
seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent Grantee and not as an employee.
Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or
employee of the State. Grantee shall not have authorization, express or implied, to bind the
State to any agreement, liability, or understanding, except as expressly set forth herein.
Grantee and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this Intergovernmental Grant Agreement. Grantee shall (a)
provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (b) provide proof thereof when requested by
the State, and (c) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 13 of 13 Version 12 2023
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Intergovernmental Grant Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules,
and regulations shall be null and void. All suits or actions related to this Intergovernmental
Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Intergovernmental Grant Agreement that requires the State to
indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits
Grantee’s liability for damages resulting from death, bodily injury, or damage to tangible
property; or that conflicts with this provision in any way shall be void ab initio. Nothing in
this Intergovernmental Grant Agreement shall be construed as a waiver of any provision of
§24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Intergovernmental Grant Agreement shall not
be used for the acquisition, operation, or maintenance of computer software in violation of
federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and
warrants that, during the term of this Intergovernmental Grant Agreement and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Grantee is in violation of this
provision, the State may exercise any remedy available at law or in equity or under this
Intergovernmental Grant Agreement, including, without limitation, immediate termination of
this Intergovernmental Grant Agreement and any remedy consistent with federal copyright
laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507 C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Intergovernmental
Grant Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect,
that would conflict in any manner or degree with the performance of Grantee’s services and
Grantee shall not employ any person having such known interests.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 1 of 5
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 transitioning the Pitkin County Library and Pitkin
County Health and Human Services Center from traditional natural gas heating systems over to electric
systems.
2.2. Work Description. Pitkin County (Grantee) will hire a qualified firm to transition the Pitkin County
Library, located at 120 North Mill Street in Aspen, Colorado and the Pitkin County Health and Human
Services Center, located at 405 Castle Creek Road in Aspen, Colorado from traditional natural gas
heating systems over to electric systems. Work includes final design, purchase of equipment,
completing permitting, and procurement of a construction contractor to complete Phase I of
construction for the two (2) facilities. Work at the Pitkin County Library includes removal of the
natural gas boiler; installation of an electric boiler; installation of a 2,500 amp, 208 volt, three-phase
service; installation of a switchboard to feed new electric boiler load; installation of an emergency
backup to provide for freeze protection; and installation of a 500 kilo-volt-amperes (kVA) transformer
to serve the new 2,500 amp, 208 volt, three-phase service. Work at the Pitkin County Health and
Human Services Center includes removal of the natural gas boiler; installation of an electric boiler;
installation of an electric water heater; and installation of a new 1,600 amp, 208 volt, three-phase
service. Upon Project Completion, Grantee will provide a monitoring and reporting plan to DOLA that
includes the delivery of semi-annual (every six months) reports on the energy and cost performance of
the system. These reports will be completed using the form supplied by DOLA, and are required for
five (5) years after the expiration date of the Grant Agreement or date of Project Closeout (work is
completed, all deliverables have been submitted and accepted, the final payment request has been
submitted, and an agreement as to any amount of Grant Funds to be deobligated has been made),
whichever is later. 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 the project report and photos, and proof
of Substantial Completion prior to Project Closeout. Grantee will own and maintain the Library,
County Health and Human Services Center, and all improvements and, in accordance with §9 below, a
contractor will be hired to complete the Work.
2.2.1. A contract for consultant services shall be awarded by Grantee to a qualified firm through a
formal Request For Proposals or competitive selection process.
2.2.2. The Grantee warrants that the facility will continue to be utilized as a Pitkin County owned
Library and Health and Human Services Center for at least ten (10) years following
completion of the Grant. If the facility is used for any purpose other than intended during that
ten-year period, the Grantee shall return a portion of the grant funds based on the following
payback schedule: In year one, one hundred percent (100%) of the grant funds must be returned;
in year two, ninety percent (90%); in year three, eighty percent (80%); in year four, seventy
percent (70%); in year five, sixty percent (60%); in year six, fifty percent (50%); in year seven,
forty percent (40%); in year eight, thirty (30%) percent; in year nine, twenty (20%) and in year
ten, ten (10%) percent. At the end of the ten (10) year period following the date of completion
of the renovations and thereafter, no State restrictions on use of the property shall be in effect.
2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion.
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 2 of 5
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: professional engineering and architecture fees,
contracted labor, materials, bonding, bid process, insurance, permitting, required testing, inspection
and/or commissioning costs. Project and construction oversight, travel, per diem and legal fees shall be
the sole responsibility of the Grantee.
3. DEFINITIONS
3.1. Project Budget Lines.
3.1.1. “Architectural/Engineering Services” means professional architectural/engineering fees,
RFP/bid advertisements, survey work, water/sewer testing fees, electrical inspection and testing
fees, CDPHE permit fees, and attorney’s fees.
3.1.2. “Building or Facility Construction” means labor and materials costs, bond and insurance costs,
bid advertisements, purchase and erection of pre-engineered buildings, and attorney’s fees.
3.2. “Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
4. DELIVERABLES
4.1. Outcome. The final outcome of this Grant is the completed transitioning of the Pitkin County Library
and Pitkin County Health and Human Services Center from traditional natural gas heating systems over
to electric systems.
4.2. Service Area. The performance of the Work described within this Grant shall be located in Pitkin
County, Colorado.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will: By:
Put Project out to bid. Within 60 days after the
Effective Date of this
Intergovernmental Grant
Agreement.
Award and finalize subcontract(s). Within 30 days after bid
opening.
Provide DOLA with Project Timeline. Within 30 days after the
Effective Date of the
subcontract(s).
Provide DOLA with an electronic copy of the project photos,
evidence of commissioning, and proof of Substantial Completion.
(i.e. Certificate of Occupancy, Certificate of Completion, Board
motion of approval, lien waiver)
To be included with the
Project Final Report.
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
Submit Project Final Report March 31, 2026
4.4. Budget Line Adjustments.
4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and
among budget lines, so long as the total amount of Grant Funds remains unchanged. To make
such budget line changes, DOLA will use an Option Letter (Exhibit G).
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 3 of 5
4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any
combination of budget lines as described in §6.2, or move Other Funds between and among
budget lines, so long as the total amount of such “Other Funds” is not less than the amount set
forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such
change does not require an amendment or option letter. DOLA will verify the Grantee’s
contribution of “Other Funds” and compliance with this section at Project Closeout.
4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the discretion of the Grantee.
4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0)
requested in the Pay Request and describe the status of the Work in the Status Report. The
report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit
B Scope of Project as well as a projection of all Work expected to be accomplished in the
following quarter, including an estimate of Grant Funds to be expended.
4.5.2. Specific submittal dates.
Quarter Year Due Date Pay Request Due Status Report Due
1st (Jan-Mar) 2024 April 30, 2024 Yes Yes
2nd (Apr-Jun) 2024 JULY 15, 2024* Yes Yes
3rd (Jul-Sep) 2024 October 30, 2024 Yes Yes
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
*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
Kara Silbernagel, Deputy County Manager, (kara.silbernagel@pitkincounty.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. Gerald Fielding, Construction and Engineer Director,
(gerald.fielding@pitkincounty.com) and Jodie Grady, Assets Director,
(jodie.grady@pitkincounty.com). Such key personnel shall be updated through the process in §5.3.
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 4 of 5
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: Kate McIntire, (970) 744-0760, (kate.mcintire@state.co.us)
5.5. DLG Regional Assistant: Nichole Robillard, (970) 473-4947, (nichole.robillard@state.co.us)
6. FUNDING
The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2,
Budget, below.
6.1. Matching/Other Funds. Grantee shall provide at least 35% of the Total Project Cost as documented
by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee’s contribution are
noted in the “Other Funds” column of §6.2 below. Increases to Grantee’s contribution to Total Project
Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B.
6.2. Budget
Budget Line(s) Total Project
Cost
Grant
Funds
Other
Funds
Other
Funds
Source Line
#
Cost Category
1 Architectural/Engineering
Services
$806,028 $518,647 $287,381 Grantee
2 Building or Facility
Construction
$3,845,459 $2,504,818 1,340,639 Grantee
Total $4,651,487 $3,023,465 $1,628,020
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) $2,872,292 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $151,173 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 $3,023,465
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.
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 5 of 5
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.
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
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 1 of 3
OPTION LETTER #Insert # Here
SIGNATURE AND COVER PAGE
State Agency
Department of Local Affairs (DOLA)
DLG Portal Number
Insert DLG Portal number
for this Project
Option Letter CMS
Number
Insert CMS number for this
Amendment
Grantee
Insert Grantee's Full Legal Name
Previous CMS #(s)
Insert CMS number for orig Agreement, and any prior chg
docs
Project Number and Name
Insert DOLA's project number and name
Grant Amount
Initial Award: $Insert orig award amt
Option Letter ## and date effective/spendable: $0.00
Option Letter ## and date effective/spendable: $0.00
Total Grant Amount: $Insert total award to date
DOLA Regional Manager
Choose an item.
DOLA Regional Assistant
Choose an item.
Funding Account Codes
Enter CTGG1 number
Program Name
Energy & Mineral Impact Assistance Program (Acctg
Dropdwn EIAF)
Prior Grant Agreement Expiration Date
Month Day, Year
Current Grant Agreement Expiration Date
Month Day, Year
THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER
Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this
Option Letter and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis GOVERNOR
Colorado Department of Local Affairs
By: ____________________________________
Maria De Cambra, Executive Director
Date: ___________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and
dated below by the State Controller or delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ____________________________________
Beulah Messick, DOLA Controller Delegate
Effective Date: ___________________
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 2 of 3
1) OPTIONS: Choose all applicable options listed in §1 and in §2
a. Option to extend (use this option for Extension of Time)
b. Change in the Grant Award Amount within the current term (use this option for an Increase or
Decrease in Grant Funds, including Supplemental funding awards)
c. 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) and/or sub-
grant(s).
[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 Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
Submit Project Final Report [give date certain]
Quarter Year Due Date Pay Request Status Report
1st (Jan-Mar) 2024 April 30, 2024 Yes Yes
2nd (Apr-Jun) 2024 JULY 15, 2024* Yes Yes
3rd (Jul-Sep) 2024 October 30, 2024 Yes Yes
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
*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.
b. For use with Option 1(b): In accordance with Section 7(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)
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851
EIAF 9713 – CRC Pitkin County Public Building Electrification - Phase I
Page 3 of 3
Line
#
Cost Category Total Project
Cost
Grant
Funds
Other
Funds
Other
Funds
Source
Architectural/Engineering Services $ 0.00 Grantee
Construction/Improvement of
Public Roadways
Grantee
Total $ 0.00 $ 0.00 $ 0.00
Payment Amount
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 7(D)(i) of the original Intergovernmental Grant
Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and
Grantee's Name, the State hereby exercises its option to re-allocate awarded Grant Funds within the Project
Budget. The Budget table in Section 6.2 of Exhibit B is deleted and replaced with the following:
Budget Line(s) Total Project
Cost
Grant
Funds
Other
Funds
Other
Funds
Source Line
#
Cost Category
Architectural/Engineering Services $ 0.00 Grantee
Construction/Improvement of
Public Roadways
Grantee
Total $ 0.00 $ 0.00 $ 0.00
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever
is later.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: 78C5AE56-0813-4073-A39E-76C583723851