HomeMy WebLinkAbout09720ORDINANCE NO. 9720
AN EMERGENCY ORDINANCE APPROVING A GRANT AWARD,
EIAF #9205 BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION AND THE STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS ENERGY AND MINERAL
IMPACT ASSISTANCE PROGRAM, ACCEPTING FUNDS IN THE
AMOUNT OF $800,000, AND BUDGETING AND
APPROPRIATING SAID FUNDS TO THE SRDA – HVAC
ADDITION PROJECT, PL1905
WHEREAS, the State of Colorado Department of Local Affairs (DOLA) through the Energy
and Mineral Impact Assistance Program (EIAF) has offered the City of Pueblo a grant award in
the amount of $800,000 for the SRDA – HVAC Addition Project; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Grant Award between the City of Pueblo, a Colorado Municipal Corporation, and the
State of Colorado, for the use and benefit of the State DOLA Project EIAF #9205 (hereinafter
referred to as the “Contract”), a copy of which is attached, having been approved as to form by
the City Attorney, is hereby approved.
SECTION 2.
Funds in the amount of $800,000 from the State of Colorado Department of Local Affairs
Energy and Mineral Impact Assistance Program shall be accepted, budgeted and appropriated to
the SRDA – HVAC Addition Project No. PL1905.
SECTION 3.
The City Council finds that this Ordinance qualifies as treatment as an emergency
Ordinance pursuant to City Charter because of the urgency to replace the failing HVAC equipment
at the critical Joseph Edwards Center.
SECTION 4.
The Purchasing Agent is hereby authorized to execute said amendment contract on behalf
of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City
thereto and attest same.
SECTION 5.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with the intent of the Ordinance to implement the policies and procedures described
therein.
SECTION 6.
This Emergency Ordinance shall become effective on the date of final action by the Mayor
and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 8, 2020 .
Final adoption of Ordinance by City Council on June 8, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on June 10, 2020 .
☐ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
☐ Council did not act to override the Mayor's veto.
☐ Ordinance re-adopted on a vote of , on
☐ Council action on __________________failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # S-2
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: June 8, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN EMERGENCY ORDINANCE APPROVING A GRANT AWARD, EIAF
#9205 BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND THE STATE OF COLORADO DEPARTMENT OF
LOCAL AFFAIRS ENERGY AND MINERAL IMPACT ASSISTANCE
PROGRAM, ACCEPTING FUNDS IN THE AMOUNT OF $800,000, AND
BUDGETING AND APPROPRIATING SAID FUNDS TO THE SRDA –
HVAC ADDITION PROJECT, PL1905
SUMMARY:
The City of Pueblo was awarded an Energy and Mineral Impact Assessment Fund (EIAF)
Grant Award from the State of Colorado, Department of Local Affairs (DOLA) in the
amount of $800,000 relating to the SRDA HVAC Addition Project. This Emergency
Ordinance accepts, budgets and appropriates the awarded funds in the amount of
$800,000 for the SRDA – HVAC Addition Project No. PL1905.
PREVIOUS COUNCIL ACTION:
The City Council on November 26, 2018, budgeted $575,000 for the SRDA Air
Conditioning System Capital Improvements, CI1909.
Ordinance No. 9550, dated September 23, 2019, established project SRDA – HVAC
Addition, PL1905, accepted $50,000 from SRDA, budgeted and appropriated the funds
to PL1905 and transferred $575,000 from CI1909 to PL1905.
Ordinance No. 9551, dated September 23, 2019, ratified the prior signature of the Mayor,
dated September 3, 2019 for the Letter of Commitment with Trane US, Inc.
Resolution No. 14314, dated November 25, 2019, authorized the submittal of the grant
application to the Colorado Department of Local Affairs Energy and Mineral Impact
Assistance Program.
Ordinance No. 9615, dated December 9, 2019, ratified the prior signature of the Mayor,
dated November 11, 2019 for the Energy Efficiency Funding Agreement for the Joseph
Edwards Senior Center Building
Ordinance No. 9643, dated January 27, 2020, City Council accepted, budgeted and
appropriated a $25,000 grant award from the Gates Family Foundation.
Ordinance No. 9663, dated February 24, 2020, City Council approved an
Intergovernmental Agreement (IGA) between the City of Pueblo and Pueblo County,
budgeted and appropriated $250,000 of the 2016 Ballot Question 1A Capital
Improvement Program funds.
BACKGROUND:
The Senior Resource Development Agency (SRDA) has been in the City-owned building
at 230 North Union Avenue since 1994. The City is investigating the replacement of the
HVAC system. Maintenance costs for the system and the frequency of each repair
continues to increase each year, causing additional budget risk. In 2018, the City of
Pueblo Public Works Department hired Weidner & Associates Architecture to create
schematic drawings and a preliminary cost estimate. Given the size of the new air
conditioning and heating units, it was determined that placing them inside the existing
building was not possible and an addition to the building would be required.
The Project includes building an addition to the building to house the new HVAC system.
The Project replaces the existing evaporative cooling system and boiler heating system
(HVAC) for the Senior Center. The Senior Center is owned by the City of Pueblo, and
through a lease agreement the Senior Resource Development Agency (SRDA) manages
the Center and is responsible for the administration of senior services. The replacement
of the existing HVAC system is a high priority project for the Mayor and City Council since
the HVAC system is over 6 years past the ASHARE expected life cycle and due to the
systems age, the maintenance and repair costs continue to increase. The replacement
mechanical systems will include a new air chiller and air handlers, which will increase
occupant comfort, and a new 85% efficient boiler. The existing mechanical spaces are
extremely tight, and as determined through the schematic design study, the construction
of a new three story 1,300 square foot addition to the rear of the structure will best
accommodate these new units and will be most cost effective.
The City of Pueblo was granted $800,000 through the DOLA Energy and Mineral Impact
Assistance Fund for the Senior Center Mechanical Addition Project
FINANCIAL IMPLICATIONS:
The following is a breakdown of the secured Project funding:
DOLA Energy and Mineral Impact $ 800,000.00
City of Pueblo $ 575,000.00
SRDA $ 50,000.00
Pueblo County $ 250,000.00
Gates Family Foundation Grant $ 25,000.00
TOTAL $ 1,700,000.00
Total Project Cost $ 1,872,516.00
Remaining balance $ 172,516.00
The SRDA has committed to provide the additional funds in the amount of $172,516.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
The Project could be delayed until additional funds are secured.
RECOMMENDATION:
Approve the Ordinance.
Attachments: Proposed Ordinance
Summary of Grant Award and Conditions, Department of Local
Affairs, EIAF #9205 – Pueblo Senior Center HVAC System
Replacement, and Exhibit B – Scope of Project (SOP)
DocuSign Envelope ID: F8873BCE-9FB1-43C1-9582-E2A0A60323D5
EIAF
CTGG1 NLAA 2020*3022
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency Encumbrance Number CMS Number
Department of Local Affairs F20S9205 161359
Grantee Grant Award Amount Retainage Amount
City of Pueblo $800,000.00 $40,000.00
Project Number and Name Performance Start Date Grant Expiration Date
EIAF 9205 —Pueblo Senior Center HVAC System The later of the Effective Date September 30,2021
Replacement or May 19,2020
Project Description Program Name
The Project consists of replacement of the HVAC system at Energy&Mineral Impact Assistance Program(EIAF)
the Joseph Edwards Active Adult Senior Center. Funding Source
STATE FUNDS
Catalog of Federal Domestic Assistance(CFDA)Number
N/A
DOLA Regional Manager Funding Account Codes
Tara Marshall,(719)544-6577,
(tara.marshall(a state.co.us)
DOLA Regional Assistant VCUST# Address
Randi Snead 719 924-2087 randi.snead state.co.us 14170 Code CN002 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
Jared S.Polis,Governor
DEPARTMENT OF LOCAL AFFAIRS DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER Rick M.Garcia,Executive Director
f---DocuSigned by:
by: • �"y�
.14 FO
`—F4C4CFA6F DAD405..
1D0B4F9ADCOA49C. By: Rick M.Garcia, Executive Director
By:Tim Katers,EIAF Program Manager
5/20/2020 I 9:46 AM MDT 5/20/2020 110:15 AM MDT
Date: 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
,—DocuSigned by:
(I4St CLP
�—9C30102D5982427_.
By: Yingtse Cha,Controller Delegate
Department of Local Affairs
5/20/2020 1 10:33 AM MDT
Effective Date:
DocuSign Envelope ID:F8873BCE-9FB1-43C1-95B2-E2A0A60323D5
EIAF 9205 —Pueblo Senior Center HVAC System Replacement
TERMS AND CONDITIONS
1. GRANT
As of the Performance Start Date,the State Agency shown on the Summary of Grant Award Terms
and Conditions page of this Grant Award Letter (the "State") hereby obligates and awards to
Grantee shown on the Summary of Grant Award Terms and Conditions page of this Grant Award
Letter (the "Grantee") an award of Grant Funds in the amount shown on the Summary of Grant
Award Terms and Conditions page of this Grant Award Letter. By accepting the Grant Funds
provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions
of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award
Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Performance Start Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with an updated Grant Award Letter or an executed Option Letter
showing the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds used
for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund
this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee. If the State terminates this Grant
Award Letter in the public interest, the State shall pay Grantee an amount equal to the
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee's obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C. Reserved.
3. AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A. State Authority
Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have
been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110
(Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof
remains available for payment. Required approvals, clearance and coordination have been
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accomplished from and with appropriate agencies. This Grant Award Letter is funded, in
whole or in part, with State funds.
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 el. seq., C.R.S.
D. "Exhibits" means the following exhibits attached to this Grant Award Letter:
i. Exhibit B, Scope of Project
ii. Exhibit G, Form of Option Letter
E. "Extension Term"means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter, an amendment, or an Option
Letter.
F. Reserved.
G. Reserved.
H. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
I. "Grant Award Letter" or "Grant" means this letter which offers Grant Funds to Grantee,
including all attached Exhibits, all documents incorporated by reference, all referenced
statutes, rules and cited authorities, and any future updates thereto.
J. "Grant Expiration Date"means the Grant Expiration Date shown on the Summary of Grant
Award Terms and Conditions page of this Grant Award Letter. Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
K. "Grant Funds" or"Grant Award Amount" means the funds that have been appropriated,
designated, encumbered, or otherwise made available for payment by the State under this
Grant Award Letter.
L. "Incident"means any accidental or deliberate event that results in,or constitutes an imminent
threat of, the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
M. "Initial Term" means the time period between the Performance Start Date and the initial
Grant Expiration Date.
N. Reserved.
O. "Other Funds" means all funds necessary to complete the Project, excluding Grant Funds.
Grantee is solely responsible for securing all Other Funds.
P. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
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Q. "Performance Start Date" means the later of the Performance Start Date or the Execution
Date shown on the Summary of Grant Award Terms and Conditions page of this Grant Award
Letter.
R. Reserved.
S. Reserved.
T. Reserved.
U. "Project"means the overall project described in Exhibit B, which includes the Work.
V. "Project Budget" means the amounts detailed in §6.2 of Exhibit B.
W. Reserved.
X. Reserved.
Y. "Services" means the services performed by Grantee as set forth in this Grant Award Letter,
and shall include any services rendered by Grantee in connection with the Goods.
Z. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to State
personnel records not subject to disclosure under CORA.
AA. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
BB. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
CC. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
DD. Reserved.
EE. "Subcontractor" means third-parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub-grantees.
FF. Reserved.
GG. Reserved.
HH. Reserved.
H. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
JJ. "Work Product" means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work
Product" does not include any material that was developed prior to the Performance Start
Date that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
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5. PURPOSE
The purpose of the Energy and Mineral Impact Assistance Program is to assist political
subdivisions that are socially and/or economically impacted by the development, processing, or
energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit
B.
6. SCOPE OF PROJECT
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Award
Amount shown on the Summary of Grant Award Terms and Conditions page of this Grant
Award Letter.
i. The State may increase or decrease the Grant Award Amount by providing Grantee
with an updated Grant Award Letter or an executed Option Letter showing the new
Grant Award Amount.
ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or
expense incurred before the Performance Start Date or after the Grant Expiration Date.
iii. Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
B. Erroneous Payments
The State may recover, at the State's discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Grant Award Letter, deduction from any payment due
under any other contracts, grants or agreements between the State and Grantee, or by any
other appropriate method for collecting debts owed to the State.
C. Matching Funds.
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B(the
"Local Match Amount"). Grantee shall appropriate and allocate all Local Match Amounts to
the purpose of this Grant Award Letter each fiscal year prior to accepting any Grant Funds
for that fiscal year.Grantee does not by accepting this Grant Award Letter irrevocably pledge
present cash reserves for payments in future fiscal years, and this Grant Award Letter is not
intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable
for any claimed interest, late charges, fees,taxes or penalties of any nature,except as required
by Grantee's laws or policies.
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D. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Project Budget in Exhibit B.
i. Upon request of the Grantee, the State may, without changing the maximum total
amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between
each line of the Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
E. Close-Out and De-obligation of Grant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Grant Award Letter and Grantee's final reimbursement
request or invoice. Any Grant Funds remaining after submission and payment of Grantee's
final reimbursement request are subject to de-obligation by the State.
8. REPORTING—NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out period described in §7.E.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Award.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials,electronic media files,and communications,pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee's office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. The State shall monitor Grantee's
performance in a manner that does not unduly interfere with Grantee's performance of the
Work.
C. Audits
Grantee shall comply with all State and federal audit requirements.
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10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee's own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this Grant
Award Letter. Grantee shall provide for the security of all State Confidential Information in
accordance with all policies promulgated by the Colorado Office of Information Security
(http://oit.state.co.us/ois)and all applicable laws,rules,policies,publications,and guidelines.
Grantee shall immediately forward any request or demand for State Records to the State's
principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements are in force at all
times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements,for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation,and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
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11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant,the State may terminate some or all of this
Grant and require Grantee to repay any or all Grant Funds to the State in the State's sole discretion.
The State may also terminate this Grant Award Letter at any time if the State has determined, in
its sole discretion, that Grantee has ceased performing the Work without intent to resume
performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable,non-exclusive,royalty free license,with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the GIA;the Federal Tort Claims Act,28 U.S.C.
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Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501,
et seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of
these provisions.
18. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior,written consent of the State.Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee's rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated letter. The Parties may also agree to modification of the terms and conditions of
the Grant in either an option letter or a formal amendment to this Grant, properly executed
and approved in accordance with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Performance Start Date. Grantee shall strictly
comply with all applicable Federal and State laws, rules,and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. Order of Precedence
In the event of a conflict or inconsistency between this Grant Award Letter and any Exhibits
or attachment, such conflict or inconsistency shall be resolved by reference to the documents
in the following order of priority:
i. Any executed Option Letter
ii. The provisions of this Grant Award Letter.
iii. The provisions of any exhibits to this Grant Award Letter.
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G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
K. Reserved.
L. Digital Signatures
If any signatory signs this Grant using a digital signature in accordance with the Colorado
State Controller Contract, Grant, and Purchase Order Policies regarding the use of digital
signatures issued under the State Fiscal Rules, then any agreement or consent to use digital
signatures within the electronic system through which that signatory signed shall be
incorporated into this Grant by reference.
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EXHIBIT B—SCOPE OF PROJECT(SOP)
1. PURPOSE
1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist
political subdivisions that are socially and/or economically impacted by the development, processing,
or energy conversion of minerals and mineral fuels.
2. DESCRIPTION OF THE PROJECT(S)AND WORK
2.1. Project Description. The Project consists of replacement of the HVAC system at the Joseph Edwards
Active Adult Senior Center.
2.2. Work Description. The City of Pueblo(Grantee)will hire qualified firms to design, engineer,and
install a new HVAC system for the 30,000 square foot Joseph Edwards Active Adult Senior Center in
Pueblo,as well as construct a 1,300 square foot,three story addition to house the equipment. Grantee
will own 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 senior 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.
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: RFP/bid advertisements, architectural/engineering
fees,project management fees, survey work, permit fees, attorney's fees, labor and materials costs, and
bond and insurance costs.
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. "Rehabilitation/Remodel of Public Structures"means labor and materials costs, bond and
insurance costs,bid advertisements, purchase and erection of pre-engineered additions,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.
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4. DELIVERABLES
4.1. Outcome.The final outcome of this Grant is completed replacement of the HVAC system for the
Joseph Edwards Active Adult Senior Center in Pueblo, resulting in a more energy efficient building to
serve the senior population of the region.
4.2. Service Area.The performance of the Work described within this Grant shall be located in Pueblo,
Colorado.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will:
Put Project out to bid. Within 60 days after the
Effective Date of this
Grant Award Letter.
Award and finalize subcontract(s). Within 90 days after the
Effective Date of this
Grant Award Letter.
Provide DOLA with Project Timeline Within 90 days after the
Effective Date of this
Grant Award Letter.
Begin work/Contractor mobilization. Within 120 days after the
Effective Date of this
Grant Award Letter.
Submit Quarterly Pay Requests See§4.5.2 below
Submit Quarterly Status Reports See§4.5.2 below
Submit Project Final Report December 29, 2021
4.4. Budget Line Adjustments.
4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and
among budget lines, so long as the total amount of Grant Funds remains unchanged. To make
such budget line changes, DOLA will use an Option Letter(Exhibit G).
4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any
combination of budget lines as described in§6.2,or move Other Funds between and among
budget lines, so long as the total amount of such"Other Funds"is not less than the amount set
forth in§6.2 below. Grantee may increase the Total Project Cost with"Other Funds"and such
change does not require an amendment or option letter. DOLA will verify the Grantee's
contribution of"Other Funds"and compliance with this section at Project Closeout.
4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the discretion of the Grantee.
4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero(0)
requested in the Pay Request and describe the status of the Work in the Status Report. The
report will contain an update of expenditure of funds by budget line as per§6.2 of this Exhibit
B Scope of Project as well as a projection of all Work expected to be accomplished in the
following quarter, including an estimate of Grant Funds to be expended.
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4.5.2. Specific submittal dates.
Quarter Year Due Date Pay Request Due Status Report Due
2"d(Apr-Jun) 2020 July 30,2020 Yes Yes
3rd(Jul-Sep) 2020 October 30,2020 Yes Yes
4th(Oct-Dec) 2020 January 30,2021 Yes Yes
1"(Jan-Mar) 2021 April 30,2021 Yes Yes
2"d(Apr-Jun) 2021 July 30,2021 Yes Yes
3rd(Jul-Sep) 2021 October 30,2021 Yes Yes
4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
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
Kelly Grisham,City Planner,(kgrishamnpueblo.us), 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. William Zwick,Capital Projects Manager,(bzwick(apueblo.us). 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: Tara Marshall,(719)544-6577,(tara.marshallAstate.co.us)
5.5. DLG Regional Assistant: Randi Snead,(719)924-2087,(randi.snead(a,state.co.us)
6. FUNDING
The State provided funds shall be limited to the amount specified under the"Grant Funds"column of§6.2,
Budget,below.
6.1. Matching/Other Funds. Grantee shall provide at least 57%of the Total Project Cost as documented
by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee's contribution are
noted in the"Other Funds"column of§6.2 below. Increases to Grantee's contribution to Total Project
Cost do not require modification of this Grant Award Letter and/or Exhibit B.
6.2. Budget
Budget Line(s) Total Project Grant Other Other
Cost Funds Funds Funds
Line Cost Category Source
1 Architectural/Engineering $160,000 $66,000 $94,000 Grantee
Services
2 Rehabilitation/Remodel of $1,712,516 $734,000 $978,516 Grantee
Public Structures
Total $1,872,516 $800,000 $1,072,516
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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) $760,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $40,000 Paid upon Substantial Completion of the Project(as
determined by the State in its sole discretion), provided
that the Grantee has submitted, and DOLA has
accepted,all required reports.
Total $800,000
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
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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.
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OPTION LETTER #Insert # Here
SIGNATURE AND COVER PAGE
State Agency Encumbrance Number Option Letter CMS
Department of Local Affairs Insert DLG encumbrance Number
number for this Project Insert CMS number for this
Amendment
Grantee Previous CMS#(s)
Insert Grantee's Full Legal Name Insert CMS number for orig Agreement,and any prior chg
docs
Project Number and Name Grant Amount
Insert DOLA's project number and name 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 Prior Grant Agreement Current Grant Agreement
Choose an item. Expiration Date Expiration Date
DOLA Regional Assistant Month Day,Year Month Day, Year
Choose an item.
THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER
Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this
Option Letter and to bind the Party authorizing his or her signature.
STATE OF COLORADO
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:
Yingtse Cha,Controller Delegate
Effective Date:
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1) OPTIONS: Choose all applicable options listed in§I 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 Grant Award Letter between the
State of Colorado,acting by and through the Colorado Department of Local Affairs,and Grantee's Name,the
State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending
date. Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following:
Milestone/Performance Measure jity
Put Project out to bid. Within—days of the Effective Date of this Grant Award
Letter.
Award and finalize subcontract(s)and/or sub- [give target date]
grant(s).
Provide DOLA with Project Timeline Within days of the Effective Date of the subcontract(s).
Contractor mobilization/begin Work. Within_days of the Effective Date of the subcontract(s).
Submit Quarterly Pay Requests See§4.5.2 below
Submit Quarterly Status Reports See§4.5.2 below
Submit Project Final Report [give date certain]
Quarter Year Due Date Pay Request Status Report
2"(Apr-Jun) 2020 July 30,2020 Yes Yes
311(Jul-Sep) 2020 October 30,2020 Yes Yes
4'h(Oct-Dec) 2020 January 30,2021 Yes Yes
1"(Jan-Mar) 2021 April 30,2021 Yes Yes
b. For use with Option 1(b):In accordance with Section 7(A)(i)of the original Grant Award Letter between the
State of Colorado,acting by and through the Colorado Department of Local Affairs,and Grantee's Name,the
State hereby exercises its option to increase/decrease Grant Funds awarded for this Project in an amount equal to
amt of increase or(decrease),from beginning dollar amt to ending dollar amt. The Grant Award Amount
shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter is hereby changed
to ending dollar amt.The Budget table in Section 6.2 and the Payment Schedule in Section 7.1,both of Exhibit
B,are deleted and replaced with the following:
Budget Line(s) Total Project Grant Other Other
Cost Funds Funds Funds
Line Cost Category Source
Architectural/Engineering Services $ 0.00 Grantee
Construction/Improvement of Grantee
Public Roadways
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.
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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 Grant Award Letter between the
State of Colorado,acting by and through the Colorado Department of Local Affairs,and Grantee's Name,the
State hereby exercises its option to re-allocate awarded Grant Funds within the Project Budget. The Budget table
in Section 6.2 of Exhibit B is deleted and replaced with the following:
Budget Line(s) Total Project Grant Other Other
Cost Funds Funds Funds
Line Cost Category Source
Architectural/Engineering Services $ 0.00 Grantee
Construction/Improvement of Grantee
Public Roadways
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.
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