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Home My WebLink Aboutbocc.res.008.2024 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 TO ASSIST WITH THE PITKIN COUNTY CLIMATE ACTION PLAN RESOLUTION NO. 008, 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, pursuant to Resolution No. 074-2017, Pitkin County’s current Climate Action Plan was adopted and further, there was an effort to update the plan in 2020, but it was never completed, 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. 054-2023, the County applied for an Energy and Mineral Impact Assistance Fund, Climate Resilience Challenge Planning Grant with (“DOLA”) to facilitate the development of an updated Climate Action Plan, and; WHEREAS, as per the letter dated October 5, 2023, from DOLA, attached hereto as Exhibit A, the County has been awarded a grant in the amount of $117,000 with matching funds from the County’s Department of Resiliency in the amount of $13,000, and; WHEREAS, one of the County’s top priorities is to update and modernize the County’s Climate Action Plan to reflect the goals set forth by the County and to move forward cutting edge climate work that meets these goals. With the successful application for this grant, Pitkin County will conduct a regional greenhouse gas inventory and associated studies with local partners as well as develop a modernized Climate Action Plan based on 2023 greenhouse gas emissions. RESOLUTION NO. 008, 2024 WHEREAS, the BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. 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 to Assist with the Pitkin County Climate Action Plan 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 24TH DAY OF JANUARY, 2024 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 14TH DAY OF FEBRUARY 2024. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 1ST 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 1ST DAY OF FEBRUARY 2024. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 14TH DAY OF FEBRUARY 2024. POSTED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 22ND DAY OF FEBRUARY 2024. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 22ND DAY OF FEBRUARY, 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-07-2024 . � �� October 5, 2023 COLORADO Department of Local Affairs Division of Local Government The Honorable Francie Jacober, BOCC ChairPitkin County 530 E. Main StreetAspen, CO 81611 RE: EIAF 9713 -CRC Pitkin County Climate Action Plan Dear Commissioner Jacober: Congratulations! After thorough review, I am excited to offer a grant award in the amount of $117,000 to assist with the above mentioned project. Your project was reviewed based on a variety of factors such as its connection to energy impact, degree of need, measurable outcomes, amount of request, relationship to community goals, level of local match andcommunity support, management capacity, resiliency and readiness to go. Competition for these limited funds is intense and we are seeing great demand. 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 anelection 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 yearfrom the date of this letter. I wish you success with your project. Thank you for helping Colorado build an economy where allColoradans can thrive. Sincerely,µ M. � Rick M. Garcia Executive Di rector cc: Perry Will, State Senator Elizabeth Velasco, State RepresentativeKara Silbernagel, Pitkin County Michael Port, Pitkin County Kate McIntire, DOLA Governor Jared Polis I Rick M. Garcia, Executive Director I 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 Exhibit A State of Colorado Intergovernmental Grant Agreement SUMMARY OF TERMS AND CONDITIONS State Agency Department of Local Affairs (DOLA) DLG Portal Number EIAF-09760 CMS Number 188111 Grantee Pitkin County Grant Award Amount $117,000.00 Retainage Amount $5,850.00 Project Number and Name EIAF 9760 - CRC Pitkin County Climate Action Plan Performance Start Date The later of the Effective Date or December 11, 2023 Grant Expiration Date November 30, 2025 Project Description The Project consists of developing a Pitkin County Climate Action Plan (CAP). Program Name Energy & Mineral Impact Assistance Program (EIAF) 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 AD007 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: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 12/18/2023 | 6:54 AM PST 12/18/2023 | 11:37 AM MST CTGG1 NLAA 202400003114 12/19/2023 | 9:26 AM MST Exhibit B EIAF 9760 - CRC Pitkin County Climate Action Plan Page 2 of 11 Version 01 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. 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 DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 3 of 11 Version 01 2023 (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. B. Reserved. 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. Reserved. B. Reserved. C. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. D. “Exhibits” means the following exhibits attached to this Intergovernmental Grant Agreement: i. Exhibit B, Scope of Project ii. Exhibit G, Form of Option Letter E. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Intergovernmental Grant Agreement, an amendment, or an Option Letter. F. Reserved. G. Reserved. H. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Intergovernmental Grant Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. I. “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. 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. “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. L. “Initial Term” means the time period between the Performance Start Date and the initial Grant Expiration Date. M. “Intergovernmental Grant Agreement” or “Grant” 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. N. Reserved. O. “Other Funds” means all funds necessary to complete the Project, excluding Grant Funds. Grantee is solely responsible for securing all Other Funds. DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 4 of 11 Version 01 2023 P. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. Q. “Performance Start Date” means the later of the Performance Start Date or the Execution Date shown on the Summary of Grant Award Terms and Conditions page of this Intergovernmental Grant Agreement. R. Reserved. S. Reserved. T. Reserved. U. “Project” means the overall project described in Exhibit B, which includes the Work. V. “Project Budget” means the amounts detailed in §6.2 of Exhibit B. W. Reserved. X. Reserved. Y. “Services” means the services performed by Grantee as set forth in this Intergovernmental Grant Agreement, and shall include any services rendered by Grantee in connection with the Goods. Z. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to State personnel records not subject to disclosure under CORA. AA. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. BB. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. CC. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. DD. Reserved. EE. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees. FF. Reserved. GG. Reserved. HH. Reserved. II. “Work” means the delivery of the Goods and performance of the Services described in this 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. DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 5 of 11 Version 01 2023 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 Grant Award 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. 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. 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. DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 6 of 11 Version 01 2023 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 Project Budget in Exhibit B. i. Upon request of the Grantee, the State may, without changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Project Budget by providing Grantee with an executed Option Letter or formal amendment. E. Close-Out and De-obligation of Grant Funds Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Intergovernmental Grant Agreement and Grantee’s final reimbursement request or invoice. Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement request are subject to de-obligation by the State. 8. REPORTING – NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out period described in §7.E. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting this Award. 9. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee’s performance of its obligations under this Intergovernmental Grant Agreement using procedures as determined by the State. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. C. Audits Grantee shall comply with all State and federal audit requirements. DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 7 of 11 Version 01 2023 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 (http://oit.state.co.us/ois) and all applicable laws, rules, policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this 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 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. DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 8 of 11 Version 01 2023 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. 12. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 13. REMEDIES In addition to any remedies available under any Exhibit to this 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 DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 9 of 11 Version 01 2023 shall be controlled and limited by the provisions of the GIA; 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, or protections of any of these provisions. 18. GENERAL PROVISIONS A. Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this 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. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. 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 DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 10 of 11 Version 01 2023 digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. 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. Any executed Option Letter ii. The provisions of this Intergovernmental Grant Agreement. iii. 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. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to 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 DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 11 of 11 Version 01 2023 Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan 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 developing a Pitkin County Climate Action Plan (CAP). 2.2. Work Description. Pitkin County (Grantee) will hire a qualified firm to create a Climate Action Plan (CAP) that addresses greenhouse gas (GHG) mitigation. The CAP will include: 1) a GHG inventory that establishes a baseline of which sectors, including residential, commercial, transportation, and waste and water management, are producing GHG emissions and how much they are contributing; and 2) sector-based mitigation priorities, goals, and strategies for cutting emissions. The Plan should take an inclusive and equitable approach to prioritizing strategies. Work includes analyzing GHG emissions, reviewing other CAPs, resources from DOLA, the federal Environmental Protection Agency, and other climate institutions, completing an external stakeholder engagement process, production of final documents, and presentation of final documents for approval by the Grantee. Grantee will provide DOLA with an electronic copy of the accepted CAP prior to Project Closeout. Grantee will own the final documents. 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. 2.3. 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: professional fees for development of the Plan. Bid process, bonding and insurance, legal fees, consultant travel and per diem shall be the sole responsibility of the Grantee. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. “Consultant Services” means consultant fees, RFP/bid advertisements, 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 a completed CAP that integrates climate change mitigation, adaptation and resilience strategies. 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 DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 2 of 5 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 accepted Plan and documentation of acceptance. 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 February 28, 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). 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 4th (Oct-Dec) 2023 January 30, 2024 Yes Yes 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 DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 3 of 5 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. Michael Port, Climate Action Analyst, (michael.port@pitkincounty.com). Such key personnel shall be updated through the process in §5.3. 5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of the Grant. 5.4. DLG Regional Manager: 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 10% 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 Consultant Services $130,000 $117,000 $13,000 Grantee Total $130,000 $117,000 $13,000 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant. 7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to DOLA. Payment Amount Interim Payment(s) $111,150 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 4 of 5 Final Payment $5,850 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 $117,000 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 §4.5 of this Exhibit B. 8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final Pay Request and Status Report to DOLA. 8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the records for activities performed under this Grant. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to the operation of activities undertaken pursuant to an executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity under this Grant in accordance with Generally Accepted Accounting Principles. 8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. 8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or subcontractors) performing such work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 8.3.1. Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.3.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.3.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter of credit if the price is less than $50,000. 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 5 of 5 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: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan 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. 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: ____________________________________ Rick M. Garcia, 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: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan 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 DocuSign Envelope ID: 51E064EE-0448-45AE-936B-7B786DC97EFA EIAF 9760 - CRC Pitkin County Climate Action Plan Page 3 of 3 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 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 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: 51E064EE-0448-45AE-936B-7B786DC97EFA Amendment CMS Number: Page 1 of 3 GRANT AGREEMENT AMENDMENT #1 SIGNATURE AND COVER PAGE State Agency Department of Local Affairs (DOLA) DLG Portal Number EIAF-09760 Amendment CMS Number 197210 Grantee Pitkin County Previous CMS #(s) 188111 Project Number and Name EIAF 9760 - CRC Pitkin County Climate Action Plan Grant Amount Initial Award: $117,000.00 Amendment #1 03/03/2025 $0.00 Total Grant Amount: $117,000.00 DOLA Regional Manager Patrick Rondinelli, (970) 749-0138, (patrick.rondinelli@state.co.us) DOLA Regional Assistant Ted Gantzer, (970) 290-2381, (ted.gantzer@state.co.us) Prior Grant Agreement Expiration Date November 30, 2025 Current Grant Agreement Expiration Date November 30, 2025 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. GRANTEE PITKIN COUNTY ______________________________________________ By: Name of Authorized Individual (print) ______________________________________________ Title: Official Title of Authorized Individual (print) ______________________________________________ *Signature Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Maria De Cambra, Executive Director ______________________________________________ By: Maria De Cambra, Executive Director Date: _________________________ PRE-APPROVED FORM REVIEWER By:_______________________________________________ Angie Cue, EIAF Program Manager Date: _________________________ In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Beulah Messick, DOLA Controller Delegate Amendment Effective Date:_____________________ Docusign Envelope ID: F2989DD8-4704-439C-ABB6-8ED52C0C00CA EIAF 3/11/2025 | 6:43 AM MDT Chair, Pitkin County BOCC Kelly McNicholas Kury 3/11/2025 | 12:23 PM PDT 3/11/2025 | 2:52 PM MDT CTGG1 NLAA 202400003114 3/12/2025 | 8:10 PM MDT Amendment CMS Number: Page 2 of 3 1. PARTIES This Amendment (the “Amendment”) to the Original Grant Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Grantee, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Grantee for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4. PURPOSE The Parties entered into the Agreement to create a Climate Action Plan that addresses greenhouse gas mitigation. Grantee reports as they near completion of the Climate Action Plan and Regional Greenhouse Gas Analysis the Project will complete under budget. Grantee requests the Work be expanded to include Greenhouse Gas Analysis for Pitkin County’s governmental operations. This Amendment modifies the Agreement as requested. This Amendment does not increase Grant Funds. 5. MODIFICATIONS The Agreement and all prior amendments thereto, if any, are modified as follows: A. The second sentence in §2.2. Work Description in Section 2. Description of the Project(s) and Work in Exhibit B is hereby deleted: “The CAP will include: 1) a GHG inventory that establishes a baseline of which sectors, including residential, commercial, transportation, and waste and water management, are producing GHG emissions and how much they are contributing; and 2) sector-based mitigation priorities, goals, and strategies for cutting emissions.” and is replaced with the following in lieu thereof: “The CAP will include: 1) a GHG inventory that establishes a baseline of which sectors, including governmental, residential, commercial, transportation, and waste and water management, are producing GHG emissions and how much they are contributing; and 2) sector-based mitigation priorities, goals, and strategies for cutting emissions.” B. The personnel listed in §5.4. DLG Regional Manager in Section 5. Personnel in Exhibit B is hereby deleted: Docusign Envelope ID: F2989DD8-4704-439C-ABB6-8ED52C0C00CA Amendment CMS Number: Page 3 of 3 “Kate McIntire, (970) 744-0760, (kate.mcintire@state.co.us)” and is replaced with the following in lieu thereof: “Patrick Rondinelli, (970) 749-0138, (patrick.rondinelli@state.co.us)” C. The personnel listed in §5.5. DLG Regional Assistant in Section 5. Personnel in Exhibit B is hereby deleted: Nichole Robillard, (970) 473-4947, (nichole.robillard@state.co.us) and is replaced with the following in lieu thereof: Ted Gantzer, (970) 290-2381, (ted.gantzer@state.co.us) 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: F2989DD8-4704-439C-ABB6-8ED52C0C00CA