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HomeMy WebLinkAboutR25-032 Accepting Grant Fundimng for Geoexchange Project Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 Commissioner Boyd moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE STATE OF COLORADO RESOLUTION NO 2025 - 032 RESOLUTION ACCEPTING GRANT FUNDING FOR THE GEOEXCHANGE PROJECT AT THE EAGLE COUNTY BUILDINGS IN EAGLE, COLORADO WHEREAS, on April 27, 2021, the Board of County Commissioners for the County of Eagle, State of Colorado (the "Board") adopted an update to the Eagle County Climate Action Plan identifying a strategic goal of reducing the County's greenhouse gas emissions 50% by 2030; and WHEREAS, in support of the County's strategic goal to reduce greenhouse gas emissions, County Facilities and Resiliency Staff have explored the replacement of certain heating, ventilation, and air conditioning equipment for County buildings with a geoexchange ground loop thermal energy system(the "Geoexchange Project"); and WHEREAS, in conjunction with the projected cost of the Geoexchange Project, County staff previously applied for grant funding for construction of the Geothermal Project from various State agencies as set forth below; and WHEREAS, on August 1, 2023 and March 28, 2024, County staff applied for grant funding from the Colorado Department of Local Affairs' ("DOLA") Energy and Mineral Impact Assistance Fund; and WHEREAS, on August 3, 2024, DOLA awarded the County $1,408,164 from the Energy and Mineral Impact Assistance Fund pursuant to Project Number EIAF 9758 for the Geoexchange Project, which grant is attached as Exhibit A; and WHEREAS, on August 30, 2024, DOLA awarded the County $2,000,000 from the Energy and Mineral Impact Assistance Fund pursuant to Project Number EIAF 9943 for the Geoexchange Project, which grant is attached as Exhibit B; and WHEREAS, on January 19, 2024, County staff applied for grant funding from the Colorado Energy Office's ("CEO") Geothermal Energy Grant Program; and WHEREAS, on October 3, 2024, the CEO awarded the County $250,000 from the Geothermal Energy Grant Program for the Geoexchange Project pursuant to Grant POGG1 25- Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 366, which grant is attached as Exhibit C; and WHEREAS, the Board has previously approved funding for the remaining cost of the Geothermal Project and desires to accept the grants identified above in order to proceed with the Geothermal Project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board accepts the terms and conditions of the grants set forth in Exhibit A, Exhibit B, and Exhibit C and supports the use of these grant funds for the Geothermal Project; and THAT, the Board hereby authorizes the expenditure of funds necessary to meet the terms and obligations of the grants awarded; and THAT, any of the Eagle County Commissioners are hereby authorized to sign documents in connection with the grants in a form approved by the Eagle County Attorney's Office; and THAT, the Board hereby finds, determines, and declares that this Resolution is necessary for the public health,safety, and welfare of the residents of the County of Eagle, State of Colorado. [Remainder of page left intentionally blank] 2 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held on the 8th day of April, 2025. Signed by: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its '" BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: DocuSigned by: r7U611 aost, EBsocb836 BYC8n1C8... C/NAC1281-8M17A... Becky Close, Clerk of the Board Jeanne McQueeney, Chair ESigned by: C ngQQSFdRFSFddR Tom Boyd, Commissioner AugSignedw dkuir , 81 E782D718C0178... Matt Scherr, Commissioner Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Boyd Aye Commissioner Scherr Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EXHIBIT A 4 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 State of Colorado Intergovernmental Grant Agreement SUMMARY OF TERMS AND CONDITIONS State Agency DLG Portal Number CMS Number Department of Local Affairs(DOLA) EIAF-09758 192828 Grantee Grant Award Amount Retainage Amount Eagle CountyGovernment $1,408,164.00 $70,408.00 g Project Number and Name Performance Start Date Grant Expiration Date EIAF 9758—CRC Eagle County Facility Geo-Exchange The later of the Effective Date August 31,2026 Installation or July 19,2024 Project Description Program Name The Project consists of construction of a geoexchange Energy&Mineral Impact Assistance Program( EIAF ) ground loop for Eagle County owned building. Funding Source STATE FUNDS Catalog of Federal Domestic Assistance(CFDA)Number N/A DOLA Regional Manager Funding Account Codes Kate McIntire,(970)744-0760, (kate.mcintire(a,state.co.us) CTGG1 NLAA 202500002151 DOLA Regional Assistant VCUST# Address Nichole Robillard,(970)473-4947, 14253 Code CN001 EFT (nchole.robillardAstate.co.us) THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT STATE OF COLORADO Jared S.Polis,Governor DEPARTMENT OF LOCAL AFFAIRS DEPARTMENT OF LOCAL AFFAIRS PROGRAM REVIEWER Maria De Cambra,Executive Director DocuSigned by: DocuSigned by: I- Uttt, 6AL Charia Vt. (,awit ra ... 098D615EDE27455. 45D2B7CF5ODE4BD .. By:Maria De Cambra,Executive Director By:Angie Cue,EIAF Program Manager Date: 7/30/2024 I 9:39 AM PDT Date: 7/30/2024 I 11:09 AM MDT In accordance with §24-30-202 C.R.S.,this Grant is not valid until signed and dated below by the State Controller or an authorized delegate(the"Effective Date"). STATE CONTROLLER Robert Jaros,CPA,MBA,JD DocuSigned by:L_UL n/�'/I alit. Nltss ct — t1V it 090ACD88A721474... By:Beulah Messick,Controller Delegate Department of Local Affairs Effective Date: 8/3/2024 I 7:08 PM MDT Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation TERMS AND CONDITIONS 1. GRANT As of the Performance Start Date, the State Agency shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the "State") hereby obligates and awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the"Grantee") an award of Grant Funds in the amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant Funds provided under this Intergovernmental Grant Agreement,Grantee agrees to comply with the terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions of all Exhibits to this Intergovernmental Grant Agreement. 2. TERM A. Initial Grant Term and Extension The Parties' respective performances under this Intergovernmental Grant Agreement shall commence on the Performance Start Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Intergovernmental Grant Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly,or Courts. If this Intergovernmental Grant Agreement ceases to further the public interest of the State or if State, Federal or other funds used for this Intergovernmental Grant Agreement are not appropriated, or otherwise become unavailable to fund this Intergovernmental Grant Agreement, the State, in its discretion, may terminate this Intergovernmental Grant Agreement in whole or in part by providing written notice to Grantee. If the State terminates this Intergovernmental Grant Agreement in the public interest,the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Intergovernmental Grant Agreement that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out- of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee's obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Intergovernmental Grant Agreement by the State for breach by Grantee. C. Reserved. 3. AUTHORITY Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows: A. Reserved. Page 2 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation B. State Authority Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110 (Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. This Intergovernmental Grant Agreement is funded, in whole or in part, with State funds. 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. "Budget"means the budget for the Work described in Exhibit B. B. "Business Day"means any day on which the State is open and conducting business,but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. C. Reserved. D. "CORA"means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S. E. "Grant" or "Intergovernmental Grant Agreement" means this agreement which offers g g �' Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. F. "Grant Funds" or "Grant Award Amount" means the funds that have been appropriated, designated, encumbered; or otherwise made available for payment by the State under this Intergovernmental Grant Agreement. G. "Grant Expiration Date"means the Grant Expiration Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. H. "Performance Start Date" means the later of the Performance Start Date or the Effective Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. I. "Exhibits" means the following exhibits attached to this Intergovernmental Grant Agreement: i. Exhibit B, Scope of Project ii. Exhibit G, Form of Option Letter J. "Extension Term"means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Intergovernmental Grant Agreement, an amendment, or an Option Letter. K. Reserved. L. Reserved. M. "Goods" means any movable material acquired, produced, or delivered by Grantee as set forth in this Intergovernmental Grant Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. Page 3 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation N. "Incident" means any accidental or deliberate event that results in, or constitutes an imminent threat of, the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. O. "Initial Term" means the time period between the Performance Start Date and the initial Grant Expiration Date. P. "Matching Funds" or "Other Funds" means funds provided by the Grantee as a match required to receive the Grant Funds. Q. "Party"means the State or Grantee, and "Parties" means both the State and Grantee. R. Reserved. S. Reserved. T. Reserved. U. Reserved. V. "Services" means the services performed by Grantee as set forth in this Intergovernmental Grant Agreement, and shall include any services rendered by Grantee in connection with the Goods. W. "State Confidential Information"means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Grantee which(i)is subject to disclosure pursuant to CORA;(ii)is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. Y. "State Fiscal Year"means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. Z. "State Records" means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. AA. Reserved. BB. "Subcontractor" means third-parties, if any, engaged by Grantee to aid in performance of the Work. "Subcontractor"also includes sub-grantees. CC. Reserved. DD. Reserved. EE. Reserved. FF. "Work" means the delivery of the Goods and performance of the Services described in this Intergovernmental Grant Agreement. Page 4 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation GG. "Work Product"means the tangible and intangible results of the Work,whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work Product" does not include any material that was developed prior to the Performance Start Date that is used,without modification, in the performance of the Work. Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 5. PURPOSE The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit B. 6. SCOPE OF PROJECT Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in accordance with the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Intergovernmental Grant Agreement. 7. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Award Amount. ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Performance Start Date or after the Grant Expiration Date. iii. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. B. Reserved. C. Matching Funds. Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B(the "Local Match Amount"). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, Page 5 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation taxes or penalties of any nature, except as required by Grantee's laws or policies. D. Reimbursement of Grantee Costs The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Intergovernmental Grant Agreement for all allowable costs described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B. The State shall only reimburse allowable costs if those costs are: (a)reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (b)equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). i. Upon request of the Grantee, the State may, without changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Project Budget by providing Grantee with an executed Option Letter or formal amendment. E. Close-Out and De-obligation of Grant Funds Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Intergovernmental Grant Agreement and Grantee's final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. Any Grant Funds remaining after submission and payment of Grantee's final reimbursement request are subject to de-obligation by the State. F. Erroneous Payments The State may recover, at the State's discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Intergovernmental Grant Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. 8. REPORTING—NOTIFICATION A. Performance and Final Status Grantee shall submit all financial,performance and other reports to the State no later than the end of the close out period described in §7.E. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting this Award. 9. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials,electronic media files,and communications,pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe Page 6 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation all such records during normal business hours at Grantee's office or place of business,unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee's performance of its obligations under this Intergovernmental Grant Agreement using procedures as determined by the State. The State shall have the right, in its sole discretion,to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee's performance in a manner that does not unduly interfere with Grantee's performance of the Work. C. Audits Grantee shall comply with all State and federal audit requirements. 10. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State,use for Grantee's own benefit,publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Intergovernmental Grant Agreement. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules,policies,publications, and guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI (payment card information) Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information (CJI) Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act (HIPAA) for all protected health information (PHI) and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State's principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Page 7 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States,and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee's reasonable security requirements,for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness.Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident,it shall notify the State immediately and cooperate with the State regarding recovery,remediation,and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State,which may include, but is not limited to,developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding Personally Identifiable Information(PII) If Grantee or any of its Subcontractors will or may receive PII under this Agreement,Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a "Third-Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee's employees, agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration enforcement. If Grantee is given direct access to any State databases containing PII, Grantee shall execute,on behalf of itself and its employees,the certification on an annual basis,attached as an exhibit,if applicable. Grantee's duty and obligation to certify as set forth in the exhibit shall continue as long as Grantee has direct access to any State databases containing PII. If Grantee uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Grantee shall require such Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the Subcontractor has access to State databases containing PII. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that,with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain Page 8 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of§24-18-105, C.R.S. with regard to this Grant. 12. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 13. REMEDIES In addition to any remedies available under any Exhibit to this Intergovernmental Grant Agreement, if Grantee fails to comply with any term or condition of this Grant, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State in the State's sole discretion. The State may also terminate this Intergovernmental Grant Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance,prior to the completion of the Work. 14. DISPUTE RESOLUTION Except as herein specifically provided otherwise, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 15. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §15. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual,irrevocable,non-exclusive,royalty free license,with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 17. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions, committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or Page 9 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 18. GENERAL PROVISIONS A. Assignment Grantee's rights and obligations under this Grant are personal and may not be transferred or assigned without the prior,written consent of the State.Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee's rights and obligations approved by the State shall be subject to the provisions of this Intergovernmental Grant Agreement. B. Captions and References The captions and headings in this Intergovernmental Grant Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Intergovernmental Grant Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Intergovernmental Grant Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Intergovernmental Grant Agreement. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Intergovernmental Grant Agreement,which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in either an option letter or a formal amendment to this Grant,properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Intergovernmental Grant Agreement to a statute,regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Performance Start Date. Grantee shall strictly comply with all applicable Federal and State laws,rules,and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. Page 10 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation G. Order of Precedence In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions in §19 of the main body of this Grant; ii. Any executed Option Letter and Amendment; iii. The provisions of this Intergovernmental Grant Agreement; and iv. The provisions of any exhibits to this Intergovernmental Grant Agreement. H. Severability The invalidity or unenforceability of any provision of this Intergovernmental Grant Agreement shall not affect the validity or enforceability of any other provision of this Intergovernmental Grant Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. I. Survival of Certain Intergovernmental Grant Agreement Terms Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. J. Third Party Beneficiaries Except for the Parties' respective successors and assigns described above, this Intergovernmental Grant Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. K. Waiver A Party's failure or delay in exercising any right, power, or privilege under this Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right,power, or privilege. L. Accessibility i. Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended. ii. Grantee shall comply with and the Work Product provided under this Agreement shall be in compliance with all applicable provisions of§§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. Page 11 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation iii. The State may require Grantee's compliance to the State's Accessibility Standards to be determined by a third party selected by the State to attest to Grantee's Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. M. Reserved. 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) A. STATUTORY APPROVAL. §24-30-202(1) C.R.S. This Intergovernmental Grant Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Intergovernmental Grant Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Intergovernmental Grant Agreement shall not be valid until it has been approved by the State's Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability, or understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Intergovernmental Grant Agreement. Grantee shall(a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b)provide proof thereof when requested by the State, and (c)be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. Page 12 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation F. CHOICE OF LAW,JURISDICTION,AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Intergovernmental Grant Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Intergovernmental Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Intergovernmental Grant Agreement that requires the State to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee's liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Intergovernmental Grant Agreement shall be construed as a waiver of any provision of §24-106-109 C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Intergovernmental Grant Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that,during the term of this Intergovernmental Grant Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Intergovernmental Grant Agreement,including,without limitation,immediate termination of this Intergovernmental Grant Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507 C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Intergovernmental Grant Agreement. Grantee has no interest and shall not acquire any interest,direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 13 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation 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 construction of a geoexchange ground loop for Eagle County owned building. 2.2. Work Description. Eagle County Government(Grantee)will hire a qualified contractor to construct a geoexchange ground loop to provide heating and cooling for an Eagle County owned building located at 500 Broadway in Eagle,Colorado. Work includes excavation, installation of new electrical service, and construction and trenching of the geofield including approximately sixty(60) 500 foot deep vertical bore holes spaced approximately 25 feet apart and located approximately 350 feet from the Eagle County owned building utilizing a total of approximately of 54,500 feet of polyethylene tubing. Grantee will provide DOLA with electronic copies of project photos,construction project progress reports,and proof of Substantial Completion prior to Project Closeout. Grantee will own and maintain the geoexchange ground loop, all improvements and, in accordance with§9 below, a contractor will be hired to complete the Work. 2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required documentation to DOLA as specified herein. 2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion. 2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds,the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant. 2.5. Eligible Expenses. Eligible expenses shall include: contracted labor,materials,bonding, insurance, permitting,required testing,inspection and/or commissioning costs. Architectural/Engineering,project and construction oversight,bid process,travel,per diem and legal fees shall be the sole responsibility of the Grantee. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. "Construction/Improvement of Public Utilities"means labor and materials costs,bond and insurance costs,bid advertisements, attorney's fees, and right-of-way acquisition costs. 3.2. "Substantial Completion"means the Work is sufficiently complete in accordance with the Grant so it can be utilized for its intended purpose without undue interference. 4. DELIVERABLES 4.1. Outcome.The final outcome of this Grant is completed construction of geothermal ground loop in support of larger Thermal Energy Network project. 4.2. Service Area.The performance of the Work described within this Grant shall be located in Eagle, Colorado. 4.3. Performance Measures. Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: Provide DOLA with Project Timeline. Within 60 days after the Effective Date of this Intergovernmental Grant Agreement. Page 1 of 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation Put Project out to bid. Within 90 days after the Effective Date of this Intergovernmental Grant Agreement. Submit electronic copies of project photos to DOLA. To be included with the Quarterly Status Reports. Upon Project Completion,Grantee will provide a Monitoring and To be included with the Reporting Plan to DOLA that includes the delivery of semi-annual Project Final Report. (every six months)reports on the energy and cost performance of the system. These reports will be completed using the form supplied by DOLA, and are required for five(5)years after the Expiration Date of this Intergovernmental Grant Agreement or date of Project Closeout(Work is completed, all deliverables have been submitted and accepted,the final payment request has been submitted,and an agreement as to any amount of Grant Funds to be de-obligated has been made),whichever is later. Submit Quarterly Pay Requests See§4.5.2 below Submit Quarterly Status Reports See§4.5.2 below Submit Project Final Report November 29,2026 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. PayRequests and Status Reports are due within 30 days of the end of the p 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 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 Page 2 of 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation 2°d(Apr-Jun) 2025 JULY 15,2025* Yes Yes 3rd(Jul-Sep) 2025 October 30,2025 Yes Yes 4'h(Oct-Dec) 2025 January 30,2026 Yes Yes 1st(Jan-Mar) 2026 April 30,2026 Yes Yes 2°d(Apr-Jun) 2026 JULY 15,2026* Yes Yes 3rd(Jul-Sep) 2026 October 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 Jeff Scholl, County Manager,(jeff.scholl(a,eaglecounty.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. Kate Kirkman, Climate Programs Coordinator Resiliency Department, (kate.kirkmanAeaglecounty.us)and Amanda Mena,Facilities Admin Coordinator, (amanda.menaAeaglecounty.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: Kate McIntire,(970)744-0760,(kate.mcintire(&,,state.co.us) 5.5. DLG Regional Assistant: Nichole Robillard,(970)473-4947,(nichole.robillard(7a,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 48% 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 Grant Other Other Line Cost Category Cost Funds Funds Funds Source 1 Construction/Improvement of $2,750,000 $1,408,164 $1,341,836 Grantee Public Utilities Total $2,750,000 $1,408,164 $1,341,836 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in§7 of the Grant. Page 3 of 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation 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) $1,337,756 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment $70,408 Paid upon Substantial Completion of the Project(as determined by the State in its sole discretion),provided that the Grantee has submitted, and DOLA has accepted, all required reports. Total $1,408,164 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. Page 4 of 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: 9.1. Plans& Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado,or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive,responsible bidder meeting the Grantee's specifications. 9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment,and shall provide the State with documentation of such compliance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 5 of 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation OPTION LETTER#Insert # Here SIGNATURE AND COVER PAGE State Agency DLG Portal Number Option Letter CMS Department of Local Affairs(DOLA) Number 6064 . � .; Grantee Previous CMS# s Wert - Project Number and Name Grant Amount Welt 4 Initial Award: $ Option Letter##and date effective/spendable: $0.00 0 0 .0, Option Letter##and date effective/spendable: $ >, p Choose an item. Total Grant Amount: 4' . t+ Choose an item. Fundin Account Codes Program Name Energy&Mineral Impact Assistance Program ani Prior Grant Agreement Expiration Date Current Grant Agreement Expiration Date realk 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.Polls GOVERNOR Colorado Department of Local Affairs By: Maria De Cambra,Executive Director Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State contracts.This Option Letter is not valid until signed and dated below by the State Controller or delegate. STATE CONTROLLER Robert Jaros,CPA,MBA,JD By: Beulah Messick,DOLA Controller Delegate Effective Date: Page 1 of 3 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation 1) OPTIONS:Choose all applicable options listed in§1 and in§2 [i 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 A eement between the State of Colorado,acting by and through the Colorado Department of Local Affairs,and mom the State hereby exercises its option for an additional term beginning ' and ending on higgitagalhik. Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following: Milestone/Performance Measure 11/1 Put Project out to bid. W�lt��y .,,,_di 'f Award and finalize subcontract(s)and/or sub- [give tt' j grant(s). Provide DOLA with Project Timeline Maki_d t1�R Contractor mobilization/begin Work. '" Submit Quarterly Pay Requests See§4.5.2 below Submit Quarterly Status Reports See§4.5.2 below Submit Project Final Report [ ttl7 ] Quarter Year Due Date Pay Request Status Report 001114600 2 4 April 30,2024 Yes Yes JULY 15,2024* Yes Yes 3"0040 2024 October 30,2024 Yes Yes (0 2024 January 30,2025 Yes Yes 2!!t"j April 30,2025 Yes Yes ( ) JULY 15,2025* Yes Yes (I*Sep) 2t125 October 30,2025 Yes Yes 201i January 30,2026 Yes Yes I*( ) 2010 April 30,2026 Yes Yes ri;Tat- JULY 15,2026* Yes Yes 3 j *26 October 30,2026 Yes Yes i `._ ) 2et6 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 'slltmra,the State hereby exercises its option to ineratiefiketillii Grant Funds awarded for this Project in an amount equal to ,' ..;. _ ,from a." . �,, .�y ;: ... to � , ,, . The Grant Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement is hereby changed to 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: ta) Page 2 of 3 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9758—CRC Eagle County Facility Geo-Exchange Installation _ llk "hiry Architectural/Engineering Services $ 0.00 Grantee Construction/Improvement of Grantee Public Roadways Total $ 0.00 $ 0.00 $ 0.00 Payment Amount Interim Payment(s) `; 9y 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 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: usitirTioet R A ,. Cr 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 of 3 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EXHIBIT B 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 State of Colorado Intergovernmental Grant Agreement SUMMARY OF TERMS AND CONDITIONS State Agency DLG Portal Number CMS Number Department of Local Affairs(DOLA) EIAF-09943 193478 Grantee Grant Award Amount Retainage Amount Eagle County Government $2,000,000.00 $100,000.00 Project Number and Name Performance Start Date Grant Expiration Date EIAF 9943—CRC Eagle County Facility Geo-Exchange The later of the Effective Date September 30,2026 Installation Phase 2 or August 21,2024 Project Description Program Name The Project consists of installation of interior infrastructure Energy&Mineral Impact Assistance Program( EIAF ) to support a new geo-exchange system in Eagle,Colorado. Funding Source STATE FUNDS Catalog of Federal Domestic Assistance(CFDA)Number N/A DOLA Regional Manager Funding Account Codes Kate McIntire,(970)744-0760, CTGG1 NLAA 202500002346 (kate.mcintire(uistate.co.us) DOLA Regional Assistant VCUST# Address Nichole Robillard,(970)473-4947, 14253 Code AD010 EFT (nchole.robillard(a,state.co.us) THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT STATE OF COLORADO Jared S.Polis,Governor DEPARTMENT OF LOCAL AFFAIRS DEPARTMENT OF LOCAL AFFAIRS PROGRAM REVIEWER Maria De Cambra,Executive Director ..—DocuSigned by: DocuSigned by: 111A� Cu, & '-0920A67707B9482... 45D2B7CF5ODE4BD.. By:Maria De Cambra,Executive Director By:Angie Cue,EIAF Program Manager Date: 8/26/2024 I 4:54 PM PDT Date: 8/27/2024 I 4:42 PM MDT In accordance with §24-30-202 C.R.S.,this Grant is not valid until signed and dated below by the State Controller or an authorized delegate(the"Effective Date"). STATE CONTROLLER Robert Jaros,CPA,MBA,JD DocuSigned by:Eb°_tidal AllI ss tt11 t — ,lo(,Q 090ACD88A721474... By:Beulah Messick,Controller Delegate Department of Local Affairs Effective Date: 8/30/2024 I 7:03 AM MDT Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 • EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 TERMS AND CONDITIONS 1. GRANT As of the Performance Start Date, the State Agency shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the "State") hereby obligates and awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the "Grantee") an award of Grant Funds in the amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant Funds provided under this Intergovernmental Grant Agreement,Grantee agrees to comply with the terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions of all Exhibits to this Intergovernmental Grant Agreement. 2. TERM A. Initial Grant Term and Extension The Parties' respective performances under this Intergovernmental Grant Agreement shall commence on the Performance Start Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Intergovernmental Grant Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Intergovernmental Grant Agreement ceases to further the public interest of the State or if State, Federal or other funds used for this Intergovernmental Grant Agreement are not appropriated, or otherwise become unavailable to fund this Intergovernmental Grant Agreement, the State, in its discretion, may terminate this Intergovernmental Grant Agreement in whole or in part by providing written notice to Grantee. If the State terminates this Intergovernmental Grant Agreement in the public interest,the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Intergovernmental Grant Agreement that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out- of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee's obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Intergovernmental Grant Agreement by the State for breach by Grantee. C. Reserved. 3. AUTHORITY Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows: A. Reserved. Page 2 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 B. State Authority Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110 (Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. This Intergovernmental Grant Agreement is funded, in whole or in part, with State funds. 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. "Budget"means the budget for the Work described in Exhibit B. B. "Business Day"means any day on which the State is open and conducting business,but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. C. Reserved. D. "CORA"means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S. E. "Grant" or "Intergovernmental Grant Agreement" means this agreement which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. F. "Grant Funds" or "Grant Award Amount" means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Intergovernmental Grant Agreement. G. "Grant Expiration Date"means the Grant Expiration Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. H. "Performance Start Date" means the later of the Performance Start Date or the Effective Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. I. "Exhibits" means the following exhibits attached to this Intergovernmental Grant Agreement: i. Exhibit B, Scope of Project ii. Exhibit G, Form of Option Letter J. "Extension Term"means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Intergovernmental Grant Agreement, an amendment, or an Option Letter. K. Reserved. L. Reserved. M. "Goods" means any movable material acquired, produced, or delivered by Grantee as set forth in this Intergovernmental Grant Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. Page 3 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 N. "Incident" means any accidental or deliberate event that results in, or constitutes an imminent threat of, the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. O. "Initial Term" means the time period between the Performance Start Date and the initial Grant Expiration Date. P. "Matching Funds" or "Other Funds" means funds provided by the Grantee as a match required to receive the Grant Funds. Q. "Party"means the State or Grantee, and "Parties"means both the State and Grantee. R. Reserved. S. Reserved. T. Reserved. U. Reserved. V. "Services" means the services performed by Grantee as set forth in this Intergovernmental Grant Agreement, and shall include any services rendered by Grantee in connection with the Goods. W. "State Confidential Information"means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Grantee which(i)is subject to disclosure pursuant to CORA;(ii)is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. Y. "State Fiscal Year"means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. Z. "State Records" means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. AA. Reserved. BB. "Subcontractor" means third-parties, if any, engaged by Grantee to aid in performance of the Work. "Subcontractor" also includes sub-grantees. CC. Reserved. DD. Reserved. EE. Reserved. FF. "Work" means the delivery of the Goods and performance of the Services described in this Intergovernmental Grant Agreement. Page 4 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 GG. "Work Product"means the tangible and intangible results of the Work,whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work Product" does not include any material that was developed prior to the Performance Start Date that is used, without modification, in the performance of the Work. Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 5. PURPOSE The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit B. 6. SCOPE OF PROJECT Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in accordance with the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Intergovernmental Grant Agreement. 7. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Award Amount. ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Performance Start Date or after the Grant Expiration Date. iii. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. B. Reserved. C. Matching Funds. Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B(the "Local Match Amount"). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, Page 5 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 taxes or penalties of any nature, except as required by Grantee's laws or policies. D. Reimbursement of Grantee Costs The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Intergovernmental Grant Agreement for all allowable costs described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B. The State shall only reimburse allowable costs if those costs are: (a)reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (b)equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). i. Upon request of the Grantee, the State may, without changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Project Budget by providing Grantee with an executed Option Letter or formal amendment. E. Close-Out and De-obligation of Grant Funds Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Intergovernmental Grant Agreement and Grantee's final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. Any Grant Funds remaining after submission and payment of Grantee's final reimbursement request are subject to de-obligation by the State. F. Erroneous Payments The State may recover, at the State's discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Intergovernmental Grant Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. 8. REPORTING—NOTIFICATION A. Performance and Final Status Grantee shall submit all financial,performance and other reports to the State no later than the end of the close out period described in §7.E. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting this Award. 9. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials,electronic media files,and communications,pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe Page 6 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 all such records during normal business hours at Grantee's office or place of business,unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee's performance of its obligations under this Intergovernmental Grant Agreement using procedures as determined by the State. The State shall have the right, in its sole discretion,to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee's performance in a manner that does not unduly interfere with Grantee's performance of the Work. C. Audits Grantee shall comply with all State and federal audit requirements. 10. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not,without prior written approval of the State,use for Grantee's own benefit,publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Intergovernmental Grant Agreement. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies,publications, and guidelines., If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI (payment card information) Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information (CJI) Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act (HIPAA) for all protected health information (PHI) and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State's principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Page 7 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee's reasonable security requirements,for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness.Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident,it shall notify the State immediately and cooperate with the State regarding recovery,remediation,and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to,developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding Personally Identifiable Information(PII) If Grantee or any of its Subcontractors will or may receive PII under this Agreement,Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a "Third-Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with'§§24-73-101 et seq., C.R.S. In addition, as set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee's employees, agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration enforcement. If Grantee is given direct access to any State databases containing PII, Grantee shall execute,on behalf of itself and its employees,the certification on an annual basis,attached as an exhibit,if applicable. Grantee's duty and obligation to certify as set forth in the exhibit shall continue as long as Grantee has direct access to any State databases containing PII. If Grantee uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Grantee shall require such Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the Subcontractor has access to State databases containing PII. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain Page 8 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of§24-18-105, C.R.S. with regard to this Grant. 12. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 13. REMEDIES In addition to any remedies available under any Exhibit to this Intergovernmental Grant Agreement, if Grantee fails to comply with any term or condition of this Grant, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State in the State's sole discretion. The State may also terminate this Intergovernmental Grant Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance,prior to the completion of the Work. 14. DISPUTE RESOLUTION Except as herein specifically provided otherwise, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 15. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §15. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual,irrevocable,non-exclusive,royalty free license,with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 17. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions, committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or Page 9 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 18. GENERAL PROVISIONS A. Assignment Grantee's rights and obligations under this Grant are personal and may not be transferred or assigned without the prior,written consent of the State.Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee's rights and obligations approved by the State shall be subject to the provisions of this Intergovernmental Grant Agreement. B. Captions and References The captions and headings in this Intergovernmental Grant Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Intergovernmental Grant Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Intergovernmental Grant Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Intergovernmental Grant Agreement. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Intergovernmental Grant Agreement,which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in either an option letter or a formal amendment to this Grant,properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Intergovernmental Grant Agreement to a statute,regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Performance Start Date. Grantee shall strictly comply with all applicable Federal and State laws,rules,and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. Page 10 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 G. Order of Precedence In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions in §19 of the main body of this Grant; ii. Any executed Option Letter and Amendment; iii. The provisions of this Intergovernmental Grant Agreement; and iv. The provisions of any exhibits to this Intergovernmental Grant Agreement. H. Severability The invalidity or unenforceability of any provision of this Intergovernmental Grant Agreement shall not affect the validity or enforceability of any other provision of this Intergovernmental Grant Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. I. Survival of Certain Intergovernmental Grant Agreement Terms Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. J. Third Party Beneficiaries Except for the Parties' respective successors and assigns described above, this Intergovernmental Grant Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. K. Waiver A Party's failure or delay in exercising any right, power, or privilege under this Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude anyother or further exercise of such right,power, or privilege. g p g L. Accessibility i. Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended. ii. Grantee shall comply with and the Work Product provided under this Agreement shall be in compliance with all applicable provisions of§§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. Page 11 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 iii. The State may require Grantee's compliance to the State's Accessibility Standards to be determined by a third party selected by the State to attest to Grantee's Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. M. Reserved. 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) A. STATUTORY APPROVAL. §24-30-202(1) C.R.S. This Intergovernmental Grant Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Intergovernmental Grant Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Intergovernmental Grant Agreement shall not be valid until it has been approved by the State's Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability, or understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Intergovernmental Grant Agreement. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b)provide proof thereof when requested by the State, and (c)be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. Page 12 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 F. CHOICE OF LAW,JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Intergovernmental Grant Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Intergovernmental Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Intergovernmental Grant Agreement that requires the State to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee's liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Intergovernmental Grant Agreement shall be construed as a waiver of any provision of §24-106-109 C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Intergovernmental Grant Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that,during the term of this Intergovernmental Grant Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Intergovernmental Grant Agreement,including,without limitation,immediate termination of this Intergovernmental Grant Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507 C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Intergovernmental Grant Agreement. Grantee has no interest and shall not acquire any interest,direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 13 of 13 Version 12 2023 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 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 installation of interior infrastructure to support a new geo-exchange system in Eagle, Colorado. 2.2. Work Description. Eagle County Government(Grantee)will hire a qualified contractor to install interior infrastructure components to support a geo-exchange system in an Eagle County building, located at 500 Broadway in Eagle, Colorado. Work includes: installing approximately five(5) staged Climate Master TMW-840 70-ton water-to-water heat pumps,approximately one hundred three(103) fan coil units,approximately 950 linear feet of pipe insulation,approximately sixteen(16)hydronic pumps,replacing the boiler system, and upgrading approximately five(5) air handling unit fan arrays. Grantee will own and maintain the building,geo-exchange system,all improvements and, in accordance with §9 below, a contractor will be hired to complete the Work. Grantee will comply with the High Performance Certification Program(HPCP),as required by Colorado Revised Statutes(C.R.S. 24-30-1303.5). Grantee has received a modification to commissioning due to the scope of the Project. Grantee will designate a commissioning agent or firm. Upon Project Completion, Grantee will submit a commissioning report. Additionally, Grantee will provide DOLA with electronic copies of project photos proof of Substantial Completion prior to Project Closeout, and LEED/Green Globe/3rd Party certification documentation. 2.2.1. The Grantee warrants that the facility will continue to be utilized to house geo-exhange HVAC system equipment 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: contracted labor,materials,bonding, insurance, permitting,required testing, inspection and/or commissioning costs. Project and construction oversight,bid process,travel,per diem and legal fees shall be the sole responsibility of the Grantee. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. "Construction/Improvement of Public Utilities"means labor and materials costs,bond and insurance costs,bid advertisements, attorney's fees, and right-of-way acquisition costs. 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. Page 1 of 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 4. DELIVERABLES 4.1. Outcome.The final outcome of this Grant is completed installation of interior infrastructure supporting a new geo-exchange system resulting in reduced greenhouse gas emissions from building operation, and reduced maintenance costs. 4.2. Service Area.The performance of the Work described within this Grant shall be located in Eagle, Colorado. 4.3. Performance Measures. Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: Put Project out to bid. Within 120 days after the Effective Date of this Intergovernmental Grant Agreement. Award and finalize subcontract(s). Within 60 days after bid opening. Provide DOLA with Project Timeline. Within 60 days after the Effective Date of the subcontract(s). Provide DOLA with an electronic copy of documentation To be included with the certifying compliance with High Performance Certification Project Final Report. Program. Provide DOLA with an electronic copy of the project photos and To be included with the proof of Substantial Completion(i.e. Certificate of Occupancy, Project Final Report. Certificate of Completion,Board motion of approval, lien waiver and LEED/Green Globe/3rd Party certification). Provide a monitoring and reporting plan to DOLA that includes the Upon Project delivery of semi-annual(every six months)reports on the energy Completion. and cost performance of the system. These reports will be completed using the form supplied by DOLA,and are required for five(5)years after the expiration date of the Intergovernmental Grant Agreement or date of Project Closeout(Work is completed, all deliverables have been submitted and accepted,the final payment request has been submitted,and an agreement as to any amount of Grant Funds to be deobligated has been made), whichever is later. Submit Quarterly Pay Requests See§4.5.2 below Submit Quarterly Status Reports See §4.5.2 below Submit Project Final Report December 29,2026 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. Page 2 of 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 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 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 2°d(Apr-Jun) 2025 JULY 15,2025* Yes Yes 3'd(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 2°d(Apr-Jun) 2026 JULY 15,2026* Yes Yes 3rd(Jul-Sep) 2026 October 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 Jeff Scholl,County Manager,(jeff.schollAeaglecounty.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. Kate Kirkman,Climate Programs Coordinator, (kate.kirkmanna,eaglecounty.us) and Amanda Mena,Facilities Admin Coordinator, (amanda.mena(a,eaglecounty.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: Kate McIntire,(970)744-0760,(kate.mcintire(7a state.co.us) 5.5. DLG Regional Assistant: Nichole Robillard,(970)473-4947,(nichole.robillard(a,state.co.us) Page 3 of 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 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 51% 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 Grant Other. Other Line. Cost Category Cost Funds Funds Funds Source 1 Construction/Improvement of $4,108,425 $2,000,000 $2,108,425 Grantee Public Utilities Total $4,108,425 $2,000,000 $2,108,425 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) $1,900,000 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment $100,000 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 $2,000,000 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. Page 4 of 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors,if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. 8.3. Bonds.If Project includes construction or facility improvements,Grantee and/or its contractor(or subcontractors)performing such work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 8.3.1.Bid Bond.A bid guarantee from each bidder equivalent to 5 percent of the bid price. The"bid guarantee"shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall,upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.3.2.Performance Bond.A performance bond on the part of the contractor for 100 percent of the contract price. A"performance bond"is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 8.3.3.Payment Bond.A payment bond on the part of the contractor for 100 percent of the contract price. A"payment bond"is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.3.4.Substitution.The bonding requirements in this §8.3 may be waived in lieu of an irrevocable'letter of credit if the price is less than$50,000. 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado,or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive,responsible bidder meeting the Grantee's specifications. 9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment,and shall provide the State with documentation of such compliance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 5 of 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 OPTION LETTER#Insert # Here SIGNATURE AND COVER PAGE State Agency DLG Portal Number Option Letter CMS •Department of Local Affairs(DOLA) bittSMAZINumber for his t Grantee Previous CMS#(s) Project Number and Name Grant Amount !Wert 11 >> Initial Award: $ < Option Letter##and date effective/spendable: $0.00 WM: a. Option Letter##and date effective/spendable $0.00 Choose an item. Total Grant Amount: $DOLO ..k, _ .. _ r .- Choose an item. Funding Account Codes Program Name Energy&Mineral Impact Assistance Program( broPdiva MID Prior Grant Agreement Expiration Date Current Grant Agreement Expiration Date r THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this Option Letter and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S.Polis GOVERNOR Colorado Department of Local Affairs By: Maria De Cambra,Executive Director Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State contracts.This Option Letter is not valid until signed and dated below by the State Controller or delegate. STATE CONTROLLER Robert Jaros,CPA,MBA,JD By: Beulah Messick,DOLA Controller Delegate Effective Date: Page 1of3 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943-CRC Eagle County Facility Geo-Exchange Installation Phase 2 1) OPTIONS: Choose all applicable options listed in§I and in§2 0 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 A. eement between the State of Colorado, acting by and through the Colorado Department of Local Affairs,and , ,the State hereby exercises its option for an additional term beginning and ending on Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following: Milestone/Performance Measure Put Project out to bid. W `a "" Agrftiesit Award and finalize subcontract(s)and/or sub- [ems t i date] grant(s). Provide DOLA with Project Timeline Within _44-iiiofthOdectiviTaliir Contractor mobilization begin Work. VrCI_days . '*;a Submit Quarterly Pay Requests See§4.5.2 below Submit Quarterly Status Reports See§4.5.2 below Submit Project Final Report [Shildlthfralittird Quarter Year Due Date Pay Request Status Report thirnin [ April 30,2024 Yes Yes (A41041110 GI JULY 15,2024* Yes Yes (JaboSep) 2824 October 30,2024 Yes Yes 4*(Oa-Dee) 2024 January 30,2025 Yes Yes la(J April 30,2025 Yes Yes 204(440140 JULY 15,2025* Yes Yes 0' Bep) October 30,2025 Yes Yes 44 041404 2025 January 30,2026 Yes Yes In(Ja ar) 2112,4 April 30,2026 Yes Yes 2"6410444 arki JULY 15,2026* Yes Yes S24 October 30,2026 Yes Yes (1( 4 Oki 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 G'al li _iwi4tiatdM,the State hereby exercises its option to i cretkeelt a Grant Funds awarded for this Project in an amount equal to faf. or(decretlie),from ,_, " to "'``. The Grant Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement is hereby changed to £" . 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: Page 2 of 3 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EIAF 9943—CRC Eagle County Facility Geo-Exchange Installation Phase 2 Architectural/Engineering Services $ 0.00 Grantee Construction/Improvement of Grantee Public Roadways Total $ 0.00 $ 0.00 $ 0.00 Payment Amount L 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 ..:r,. 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(0_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 e s a , ° ,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: COO 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 Y ,whichever is later. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 of 3 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 EXHIBIT C 6 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 STATE OF COLORADO Page 1 of Office of the Governor Colorado Energy Office ORDER , * * * *IMPORTANT***** Number: POGG1,EFAA,202500000366 The order number and line number must appear on all Date: 10/3/24 invoices,packing slips, cartons, and correspondence. Description: BILL TO Geothermal Energy Grant Program Colorado Energy Office - Broadway 1600 Broadway Suite 1960 Denver, CO 80202 Effective Date: 10/03/24 Ex I iration Date: 08/31/26 BUYER SHIP TO Buyer: Colorado Energy Office - Broadway Email: 1600 Broadway VENDOR Suite 1960 EAGLE COUNTY GOVERNMENT Denver, CO 80202 PO BOX 850 EAGLE, CO 81631-0850 HIPPING INSTRUCTIONS Delivery/Install Date: Contact: EFT REMIT FOB: Phone: VENDOR INSTRUCTIONS EXTENDED DESCRIPTION Exhibit A, Statement of Work, and Exhibit B, Project Budget and Payment Conditions, are attached hereto and incorporated by reference herein. CEO Contact: Bryce Carter at bryce.carter@state.co.us . w "r' ry l'ert e 'eft rt3 I � f Jr 4 1 0 0.00 $250,000.00 ❑ Description: Grant Commodity Service From: 10/03/24 Service To: 08/31/26 TERMS AND CONDITIONS https://www.colorado.gov/osc/purchase-order-terms-conditions D I ME T T I TAL = ',2 0 000.00 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 0, COLORADO o Energy Office Exhibit A - Statement of Work I. Geothermal Energy Grant Program Description The Geothermal Energy Grant Program (GEGP) is authorized by House Bill 22-1381 to create grants that support the use of low- or zero-emission, geothermal energy for electricitygeneration and space/water heatingand coolingin homes, businesses, and communities. There are three sub-grants offered under GEGP: the single-structure geothermal grant, the community district heating/thermal energy network grant, and the geothermal electricity generation grant. As part of GEGP, the CEO requested an initial round of grant applications for the implementation of the following project types: • Single-Structure Geothermal, which is intended for the installation of geothermal loop systems or ground-source heat pumps within groups of non- networked individual single-family residential buildings, individual multifamily residential buildings, or individual nonresidential buildings. • Community District Heating/Thermal Energy Network, which is intended for projects constructing ground-source, water-source, or multi-source thermal systems that serve more than one building. • Geothermal Electricity Generation, which supports the development of geothermal electricity generation projects. Eligible studies and projects for this grant fit into three separate phases: studies to identify and explore resources, drilling and testing studies, and project generation site development. This project award is for the Community District/Thermal Energy Network Phase 3 - Installation Request for Application released on November 14, 2023. II. Project Description Project Title: Eagle County Building Geoexchange Grantee Name: Eagle County Government Project Location: 500 Broadway St. Eagle, CO 81631 1 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 C11110 COLORADO Energy Office Project Period: Agreement Effective Date to August 31, 2026 Project Overview: • The Grantee will construct a geoexchange system to replace the existing gas boiler system at the Eagle County government complex, a 75,657-square- foot campus encompassing five structures, including the county's Public Health, Human Services, and Emergency Management departments. This geothermal network has the potential for future expansion to serve the broader community, aligning with the county's strategic priorities and climate commitments through enhanced energy efficiency, reduced greenhouse gas emissions, onsite renewable energy, and energy storage. Project Objectives: • The project aims to enhance the sustainabitity and resilience of local government buildings by increasing energy efficiency, utilizing on-site renewable energy, and providing energy storage to bolster grid resilience. • In alignment with Eagle County's Climate Action Plan, the project will contribute to a significant reduction in greenhouse gas emissions, decreasing emissions by approximately 139 metric tons annually. Project Team: • Jesse Meryhew (Eagle County - Facilities Management Director) will lead the project as the Project Manager. With over a decade of experience in HVAC and project management, Jesse recently completed HeatSpring's Entry-Level Geothermal Professional certification. • Ben Hawf (Eagle County - Energy Efficiency Project Manager) will support all project installation requirements and provide quality assurance. As a Colorado Class D Water Operator, Ben brings extensive project management experience to project operations. • Ron Siebert (Eagle County - Facilities Planner) will oversee contracts, administration, and project operations. • Tony Haschke (SGM - Senior Engineer of Energy & Mechanical Systems) is the project designer. With over 38 years of experience in HVAC maintenance, troubleshooting, and training, Tony has designed and commissioned numerous electrification projects, including geothermal systems. 2 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 illeeCOLORADO Energy Office • Terry Proffer (Major Geothermal - Geothermal Manager) has decades of geothermal design and installation experience. As a member and trainer for various professional societies and trade organizations, including the International Ground Source Heat Pump Association (IGSHPA) and the Geothermal Exchange Organization (GEO), Terry brings a wealth of geothermal system expertise to the project. III. Grantee Tasks, Deliverables and Timeline The following tasks outline the grant terms, detailing the specific requirements and expectations for the Grantee. Compliance with these tasks, associated deliverables, and stipulated timelines is essential for the Grantee to maintain eligibility for the grant and to receive reimbursement for the project. The Grantee is therefore obligated to execute the outlined work tasks and submit the corresponding deliverables to the CEO within the prescribed deadlines. State Accessibility Requirements Any work product deliverables must comply with the State of Colorado accessibility technical standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines, currently WCAG 2.1. The State may require that compliance to the State's accessibility standards for any work product be determined by a third party selected by the State. Please refer to the Vendor Accessibility Guide for more information on the State's accessibility requirements. Task 1 . Space intentionally left blank. Task 2. Grant Administration Task 2.1 Kick-off Meeting A kick-off meeting led by the Grantee with the CEO will be held within 2 weeks and not later than 45 days of Grant Agreement execution and will establish the expectations of Grantee for implementing this Agreement. The meeting shall include, but not be limited to, a review of the project implementation timeline, Grantee's strategy to implement the project and associated 3 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 ao COLORADO Energy Office deliverables, and a review of this Agreement to ensure clear understanding of expectations. Deliverable(s): PowerPoint slides containing the project timeline, implementation strategy, and associated deliverables. Other meeting materials developed as appropriate. Deadline: Within 45 days of Grant Agreement execution unless otherwise agreed upon in writing by both parties Task 2.2 Quarterly Project Update Meetings The Grantee shall conduct quarterly (State Fiscal Year) project update meetings virtually with the CEO. The Grantee shall be responsible for ensuring that all relevant staff attend meetings. Meeting agenda must be submitted by Grantee to CEO one week prior to the scheduled meeting. At a minimum, these meetings will include updates on relevant project tasks, the project timeline, challenges and barriers the Grantee is encountering, and any decisions or guidance needed from CEO. Additionally, these meetings may include identifying any needed modifications to the tasks, implementation timeline, or budget. CEO Program Manager may choose to cancel any such meeting when deemed appropriate and if agreed upon by Grantee. CEO would provide a meeting cancellation notice via email to Grantee. Deliverable(s): PowerPoint slides, an updated project timeline, any other meeting materials developed Deadline: Materials provided one week prior to quarterly meeting Task 2.3 Quarterly Progress Reports The Grantee will be subject to progress reporting on a State Fiscal Year quarterly basis that shall meet State Accessibility Requirements. The fourth quarterly report should also include an annual summary of key accomplishments from the past year, including project completion final reporting requirements. Reporting requirements vary by project funding type, and each Grantee will receive a reporting template and specific requirements after grant agreement execution. Please note that Grantee will be subject to the reporting requirements for their specific project. At any time, the CEO may determine that additional application or reporting information is required and reserves the right to amend grant conditions without penalty in coordination 4 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 eo COLORADO f o Energy Office with the Grantee. The Grantee will be subject to quarterly performance reporting. Reports shall include: • Financial / Expenditure: Tracking of grant-related expenses for the quarter (paid and unpaid by Grantee) and eligible expenditures expensed to date by Grantee or matching funding source (if applicable). Expenses must match the associated budget line item outlined in Exhibit B. • Programmatic: Grantee must submit a Research Performance Progress Report narrative that includes accomplishments, work products, participating collaborators, and any changes or problems. Deliverable(s): Quarterly progress report with financial/expenditure tracking and programmatic narrative update Deadline: Submitted on or before the final business day of each quarter (State Fiscal Year) Task 2.4 Payment Requests/Reimbursements Grantee shall submit a monthly invoice and report using a CEO-provided template to summarize work for the previous month, including but not limited to: project status, description of deliverables and tasks completed during the reporting period, budget spent and remaining by task, project findings, unanticipated outcomes and roadblocks, and next steps in the project. If work is behind schedule, a summary of reasons for the delay and a plan of action to bring back on schedule is required. An invoice for eligible expenses should be included with each monthly report. Expenditures eligible for reimbursement must be incurred on, or after, the date the grant agreement was formally executed and before Agreement Expiration Date. Additionally, reimbursement requests shall break out eligible expenditures that can be matched against the project as detailed in the budget agreement. The Grantee is responsible for submitting a finance/expenditure packet when submitting a payment request to include the following applicable components (as applicable to the project type): • Receipts: Legible copies of all sales invoices/receipts for an eligible project expense showing the purchase price and amount paid by the Grantee. As applicable, these receipts should reflect associated labor costs, equipment, number of units purchased, or model and serial numbers from the equipment. 5 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D85 a COLORADO Energy Office • Invoice: A formal invoice to CEO seeking reimbursement for payments made for eligible project expense(s). This invoice should clearly outline the upfront cost incurred by Grantee for the eligible project expense and the amount of reimbursement sought from GEGP, which will be no greater than $250,000. • Progress Report: A progress report and supporting documentation reflective of the invoice detailing the development, installation, operation, or commissioning of the Grantee project. As applicable to the project, the following items shall be provided in addition to the progress report summary: o Current working draft of scoping studies, pre-feasibility studies, detailed designs, final conceptual model, feasibility studies or other relevant work product o Project commissioning logbook/checklist o Equipment shipping information o Digital photos of the purchased and installed equipment If the financial/expenditure packet is acceptable, the CEO Program Manager will submit the invoice to the accounting department for payment. If any part of the financial/expenditure packet is unacceptable, the CEO Program Manager will work with the Grantee to correct, modify, or replace as needed. The two directors and the CEO Program Manager will determine whether funding should be denied or reduced, and the CEO Program Manager will inform the Grantee of their decision. Deliverable(s): Finance/expenditure report packet Deadline: Within the first 10 calendar days of each month Task 2.5 Final Report Grantee will be required to submit a final report that shall meet State Accessibility Requirements on or before the Agreement Expiration Date. CEO will provide Grantee a final reporting template upon Grant Agreement execution. Please refer to Task 4.3 for more details regarding information that will be required in the final report. Grantee shall submit a final report that includes the following information: • Financial/Expenditure: Tracking of grant-related expenses and expenditures by Grantee and match funding source. Expenses must match 6 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 a COLORADO t o Energy Office the budget line items outlined in the grant agreement; expenditures of funds must reconcile with CEO's files. • Programmatic Report: A technical account of all project-related work performed, project objectives, results initially estimated and achieved (including but not limited to the total grant funding realized, match funding realized, and to the extent available, effects of the project on gas use, electricity use, emissions and energy costs), technology implemented, successes/challenges/lessons learned, changes to original project scope, operational summary. Grantee shall submit a Final Research Performance Progress Report (RPPR) which includes a report on the progress of the project including accomplishments, work products developed, project participants and other collaborating organizations, project impacts, and any changes or problems. Compliance with applicable project-related codes and requirements, whether local, state, or federal. This report will be publicly available. Deliverable(s): Final project report summary Deadline: Within 30 days following the completion of Tasks 4.3 or otherwise requested by the CEO Task 3. Space intentionally left blank. Task 4. Final Project Deliverables - Community District Heating Task 4.1 Space intentionally left blank. Task 4.2 Space intentionally left blank. Task 4.3 Community District Heating Phase 3 Deliverable(s): Installation/construction of a community district heating/thermal energy network system, including the purchase of associated equipment and materials, that serves more than one building from a distribution network: • Equipment and Materials: heat pump equipment, piping/casing, heat pump fluids, fluid pumps, auxiliary heaters, grouting materials, misc. plumbing and electrical to complete installation (controls, air separators, expansion tanks, electrical wiring and needed electrical panel, pipe insulation, and ducting) 7 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 a . COLORADO Energy Office • Installation Labor: HVAC, electrical, plumbing, drilling, trenching, excavation, and other earthwork. • Permits • Environmental regulation requirements (fluids and spoils) • System Commissioning Final report that shall meet State Accessibility Requirements to include the following: Construction: Provide a summary of the construction process and all major steps completed, including: • Trenching or borehole drilling • Ground heat exchanger installation (closed loops, wells, submersible pumps, other downhole equipment, etc.) and horizontal connection piping. • Common heat transfer fluid distribution loop piping and installation, circulating pump installation • Pipe sizes and lengths • Devices for thermal exchange with wastewater and/or surface water. • Service connections to buildings • Installation of GSHP systems in individual buildings Equipment/Component Installation Reporting: Provide a summary of all components of the community district heating/thermal energy network including the ground heat exchangers, devices used for heat exchange with wastewater and/or surface water, all associated piping, and/or associated equipment and distribution systems within individual buildings that have been installed during the reporting period: • Make (Brand) • Model Serial Number • AHRI Certification Reference Number • GSHP loop / well characteristics: o Pressure and flow tests performed on installed GSHP loops, circuits, common heat transfer fluid distribution piping o Well pumping test flow rates, injection rates, test duration, drawdown and mounding, groundwater temperature, and groundwater quality measurements o Loop pressure in and out of individual equipment, loop temperatures in and out of individual equipment 8 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 AleeCOLORADO Energy Office o Number of GSHP loop and well boreholes, depth of boreholes/loops/wells, pipes per hole, pipe sizes in hole • Air Flow in CFM/Ton (when a duct system distributes the heated and cooled air) • Air temperature in and out of the equipment (with no electric resistance heating and only the compressor, fan, and pump operating) • Heat of Extraction/Rejection AT x GPM x Fluid Factor • Material • Drilled depth of ground heat exchangers and depth of buried interconnection piping • Length of all piping and ductwork • Photos of installed equipment, completed well heads, and piping • Photos of underground piping, connections, and equipment prior • to backfilling Commissioning: Provide a summary of the commissioning process for the community district heating/thermal energy network, including: • A discussion of all commissioning steps completed to ensure the • network operates as designed. • A comparison of modeled energy demand for the thermal energy • network to the actual energy demand for the thermal energy • network. • Energy use (pumping energy). Operation: Provide the following post-installation metrics for the community district heating/thermal energy network: • Reduced electrical or natural gas demand (MW/year) as compared to a standard electric or natural gas heating/cooling system, or compared to the previously installed system (for retrofits) • Electricity cost savings ($/year) • Reduced GHG emissions (kg/year) • Estimated permanent Colorado jobs supported • Estimated Colorado construction jobs supported • A written assessment of the project's actual accomplishments and outputs as compared to the original project scope and schedule. If any planned outputs were not achieved, detail why. 9 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 a0 COLORADO , Energy Office A discussion of project impacts for the full grant funding period: • How the project's processes, techniques, findings, or results have made an impact or are likely to make an impact on the base of knowledge, theory, and research methods in the field of community district heating/thermal energy networks. • How results from the project made an impact, or are likely to make an impact, beyond the bounds of community district heating/thermal energy network science and engineering, on areas such as: • Improving public knowledge, attitudes, skills, and abilities • Changing behavior, practices, decision making, policies (including regulatory policies), or social actions; or improving social, economic, civic, or environmental conditions. List and describe any product produced or technology transfer activities accomplished during the full grant funding period, such as: • Publications (list journal name, volume, issue); conference papers; or other public releases of results. • Websites that reflect the results of this project. • Project collaborations fostered. • New technologies or techniques used (these can be innovative technologies in general or just the first time a technology or technique has been leveraged in the State of Colorado. • Inventions/Patent Applications (Identify and Describe with date of application). • Any other innovations Deadline: July 31, 2026 10 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 aCOLORADO Energy Office Task 5. Space intentionally left blank. IV. Anticipated Project Schedule Table 1. Project & Task Schedule Task Number Anticipated Date of Completion Task 1 N/A Prerequisites Task 2 See "deadlines" for specific due dates for each sub-task. Administration Overall task should be complete within 30 days following completion of Task 4.3 and no later than August 31, 2026 Task 3 N/A Single-Structure Task 4 Thermal Energy 4.3 - July 31, 2026 Network Task 5 N/A Electricity V.Site Visits and Evaluation CEO staff, State of Colorado employees, and other GEGP representatives may require access to the site of a GEGP-funded project, before, during or within one calendar year of equipment installation (i.e. on-site monitoring visit). The Grantee shall provide such access upon request. Additionally, the CEO may perform program evaluation(s) to aid in continuous program improvement which may take the form of a questionnaire or a more detailed interview with project team members. GEGP representatives may engage with the Grantee to discuss the possibility of creating a success story/case study of an awarded project during development or upon project 11 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D8544436 0 COLORADO Energy Office completion, with participation in such voluntary. Please note, information used in success stories/case studies would be publicly available. VI. Commissioning Et Operation Verification If applicable to the project, the Grantee shall undertake a process to ensure all completed systems Et equipment are designed, installed, tested, operated, and maintained according to the design and specifications to ensure proper installation and operation. Assurance will be provided via the submission of a commissioning logbook for the equipment £t systems purchased Ft installed under this Agreement. Deliverables may include (as applicable to the project): • Documentation including a commissioning logbook and any supporting data to be provided by the Grantee • Additional supporting documentation including, but not limited to, functional testing reports/logs, system operations and maintenance guides 12 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 go COLORADO E o Energy Office Exhibit B - Project Budget and Payment Conditions I. Reimbursable Costs The following items are eligible for reimbursement under this Grant Agreement: a. Eagle County Building Geoexchange Table 1. Tasks Eligible for GEGP Reimbursement Task Reimbursable by GEGP Grant Task Number (Yes / No) Task 1 Not Applicable. Intentionally left blank. Task 2 Task 2.1 No Task 2.2 Yes Task 2.3 Yes Task 2.4 No Task 2.5 Yes Task 3 Not Applicable. Intentionally left blank. Task 4 Task 4.1 Not Applicable. Intentionally left blank. 13 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 ao COLORADO IMO Energy Office Task Reimbursable by GEGP Grant Task Number (Yes / No) Task 4.2 Not Applicable. Intentionally left blank. Task 4.3 Yes Task 5 Not Applicable. Intentionally left blank. II. Project Budget The table below details the estimated budget for the eligible project expenses, CEO agrees to provide funds totaling $250,000 towards the cost of this Project. Grantee agrees to pay the additional costs required to complete the Project and fulfill this Statement of Work. Table 2. Project Budget Summary Total GEGP Grant Grantee Estimated Cost Funding Amount Match Requirement 50% match up to $250,000.00 and $10,310,000.000 Up to $250,000.00 any project costs beyond the GEGP Grant Funding Amount (Approximately $10,060,000.00) III. Non-Federal Cost Share "Matching Funding" Requirements GEGP matching funds requirements only apply to the following types of projects: Community District Heating Phase III (installation of projects serving more than one building) • There is a matching funds requirement for any project costs beyond the 50% funded by the grant. 14 Docusign Envelope ID:674A208C-D123-4C16-AE78-2E697D854436 aCOLORADO Energy Office IV. Repayment of Grant Funds If, at the time the Grant is closed-out or should have been closed-out, it is determined that the Project is unfinished, incomplete, or unsatisfactory, or if Grantee fails to complete its obligations under this Agreement, in the State's sole discretion, the State shall have the right to recover from Grantee 50% of the Grant Funds that have been expended. 15