(1)(a) The
commercial real property operating fund, referred to in this section as the fund, is
hereby created in the state treasury and consists of all lease income earned by the
state board of land commissioners from commercial real property. The state board
of land commissioners shall control and administer the fund. The state controller
shall, in cooperation with the state board of land commissioners and the state
treasurer, establish accounts in the fund as necessary to ensure the proper
accounting for all commercial real property that the state board of land
commissioners owns and leases to third parties. Each account must consist of lease
revenue, not including any damage deposits as allowed in section 36-1-129, for the
commercial real property as separated by trust and m
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(1) (a) The
commercial real property operating fund, referred to in this section as the fund, is
hereby created in the state treasury and consists of all lease income earned by the
state board of land commissioners from commercial real property. The state board
of land commissioners shall control and administer the fund. The state controller
shall, in cooperation with the state board of land commissioners and the state
treasurer, establish accounts in the fund as necessary to ensure the proper
accounting for all commercial real property that the state board of land
commissioners owns and leases to third parties. Each account must consist of lease
revenue, not including any damage deposits as allowed in section 36-1-129, for the
commercial real property as separated by trust and must account for all expenses
for the commercial real property held by each trust. Money in the fund is
continuously appropriated to the state board of land commissioners and may be
used to contract for the services of a third-party property management firm as
specified in subsection (2) of this section, and for any other associated property
management and operating costs. Money in the fund may be transferred to the
state board of land commissioners financed fund created in section 36-1-118.5 (7).
The state board of land commissioners shall notify the state treasurer in writing of
the amount that needs to be transferred from the fund to the state board of land
commissioners financed fund. The state treasurer shall transfer such amount no
later than thirty days after receipt of such notification. All unencumbered and
unexpended money in the fund at the end of each quarter in each fiscal year is
distributed as specified in section 36-1-116.
(b) The state controller shall authorize disbursements from the fund as
directed by the state board of land commissioners on receipt of a voucher from the
state board stating that the disbursement is to accomplish a purpose set forth in
subsection (2) of this section.
(2) (a) The state board of land commissioners may contract for the services
of a third-party property management firm to manage any commercial real
property. The state board of land commissioners shall select the third-party
property management firm through a competitive bid process. Bids must be
evaluated using standard commercial real property management criteria.
(b) The term of any contract with a third-party property management firm
that the state board of land commissioners enters into pursuant to this subsection
(2) may not exceed three years with an option to renew for one additional year.
(c) Any procurements made by the third-party management firm on behalf of
the state board of land commissioners for the management of commercial real
property by the third-party management firm authorized in this subsection (2) are
exempt from the Procurement Code, articles 101 to 112 of title 24, C.R.S.
(d) Pursuant to sections 24-36-103 and 24-36-104, C.R.S., the third-party
management firm must maintain lease revenue it collects in a depository authorized
in section 24-75-603, C.R.S., in distinct bank accounts for each trust.
(e) The third-party management firm must produce quarterly management
reports that detail the gross revenues and expenses for each commercial real
property. The state board of land commissioners shall provide a copy of such
management reports, after its review, to the department of natural resources'
controller. The third-party management firm shall disburse revenues to the state no
less frequently than on a quarterly basis to coincide with the recording of revenues
and expenses as directed by the state controller. The revenues transferred to the
state shall be net of actual expenses for the commercial real property. The third-party management firm may retain sufficient cash for the working capital needs of
the commercial real property.