HomeMy WebLinkAbout09164RESOLUTION NO. 9164
A RESOLUTION APPROVING A CONTRACT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE STATE OF COLORADO FOR THE USE AND
BENEFIT OF THE DEPARTMENT OF HIGHER
EDUCATION, COLORADO HISTORICAL SOCIETY,
RELATING TO THE CF &I STEEL ARCHIVES COLLECTION,
PROJECT NO. 2000 -02 -048, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo has received a grant from the Colorado Historical Society
to conduct a comprehensive survey and analysis of the CF &I Archives; and
WHEREAS, the Bessemer Historical Society, Inc., a Colorado Nonprofit Corporation
will enter into an agreement with the City of Pueblo, a Municipal Corporation to share in the
funding of the required cash match; and
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
SF.CTTON 1 _
The grant Contract and attachments, between the City of Pueblo, a Municipal
Corporation and the State of Colorado for the use and benefit of the Department of Higher
Education, Colorado Historical Society, relating to the CF &I Steel Archives Collection
(Colorado Historical Society Project No. 2000 -02 -048), copies of which, are attached hereto and
incorporated herein, having been approved as to form by the City Attorney are hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute and deliver said Contract in
the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk
shall affix the Seal of the City thereto and attest same.
SECTION 3.
Funds for the match will be provided by the Bessemer Historical Society in the amount of
$11,620, and from the City of Pueblo in the amount of $5,000 shall be authorized from the
General Fund's prior year's fund balance.
The resolution will become effective upon final passage.
ATTEST:
CITY CJIERK
INTRODUCED November 27, 2000
BY:
Al Gurule
COUNCIL PERSON
APP D:
PRESIDENT OF CITY COUNCIL
Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: November 27, 2000
DEPARTMENT: PLANNING AND DEVELOPMENT
TITLE
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE STATE OF COLROADO FOR THE USE AND
BENEFIT OF THE DEPARTMENT OF HIGHER EDUCATION, COLORADO HISTORICAL
SOCIETY, RELATING TO THE CF &I STEEL ARCHIVES COLLECTION, PROJECT
NO. 2000 -02 -048, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE
SAME
ISSUE
Should the City Council enter into a contract between the City of Pueblo and the State of Colorado?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
In the spring of 2000, this City was awarded a Grant from the Colorado Historical Society for the
purpose of conducting a comprehensive survey and analysis of the CF &I Steel Archives. This Grant
was submitted with the intent of supporting the efforts of the newly created Bessemer Historical
Society. They were to raise the matching funds for the Grant. At the time of announcement, the
Society had not received its 501 c (3) tax exempt status, which would allow it to receive tax deductible
donations. The Society has subsequently received an opinion of tax exemptions from the Internal
Revenue Service and has raised $11,620 toward the match amount of $16,620. The Society is
requesting that the City contribute the balance of $5,000 from the prior year's fund balance. It is
critical that the City enter into this agreement with the State Historical Society now so the survey and
analysis can be performed in December of this year. There are a number of subsequent grants the
Society and the University of Southern Colorado are preparing for submittal early next year and this
work must be completed prior to the submittal of those grants.
Please Note: The Planning Department received this contract by Fed Ex on November 21 and
forwarded it to the City Attorney's office for review. At the time of this writing the City Attorney had
not yet had sufficient time to review the contract and approved as to form. Should there be changes a
substitute copy will be submitted to Council on November 27, 2000.
FINANCIAL IMPACT
Bessemer Historical Society: $11,620
City of Pueblo: $5,000
The City will be responsible for the administration of the grant and will incur staff expense in this
activity. State Historic Funds monies are considered Revenue to the City under TABOR. This does
not appear to be an issue at this time.
N
Form (R 5/98)
CONTRACT
Department or Agency Name
Colorado Historical Society
Department or Agency Number
GCA
Routing Number
APPROVED WAIVER FORM CXIX -D
THIS CONTRACT, Made this 27th day of November , 2000, by and between the State of Colorado for the use
and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver, Colorado 80203, hereinafter referred to as
the State and/or the Society, and the City of Pueblo, 1 City Hall Place, Pueblo, CO 81003, hereinafter referred to as the "Contractor ",
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted
balance thereof remains available for encumbering and subsequent payment of this Contract under Encumbrance Number
in Fund Number 401, Appropriation Account 401 and Organization SHFG; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS, Article 12- 47.1 -1201 of the Colorado Revised Statues and Subsection (5) (b) (III) of Section 9 of Article XVIII of the state constitution,
provide for the annual distribution of monies from the State Historical Fund; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award for acquisition and
development projects, survey and planning projects, and education projects; and
WHEREAS, this Contract (hereinafter "Contract" or "Agreement ") sets forth the Scope of Work, Budget and List of Submittals, hereinafter referred
to as the "Project",
NOW THEREFORE, it is hereby agreed that:
The Contractor shall use funds subject to this Contract in support of Project # 2000 -02 -048 "CF &I Steel Archives Collection ". In
accordance with the Scope of Work attached hereto as Exhibit A, including all applicable plans and specifications developed prior to
or during the contract period, which are hereby made a part of this Contract by reference.
2. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the deliverables listed in Exhibit
C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standards for Archaeology and Historic
Preservation. Contractor shall perform any and all survey activities and submittals in accordance with the Colorado Cultural
Resource Survey Manual, Volumes I and II, June 1998 for any and all survey activities and projects (copies of which are available
through the Society).
3. RIGHT OF USE: All copyrightable materials and/or submittals developed or produced under this contract are subject to a royalty -
free, nonexclusive, and irrevocable license to the Society to reproduce, publish, display, perform, prepare derivative works or
otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works, or otherwise use, the work or
works for Society and /or State Historical Fund purposes.
4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from December 1, 2000 through December 31, 2002.
The performance of the work must be commenced within sixty (60) days of the Contract beginning date unless a longer period is
approved in writing by the State Historical Fund Administrator. The performance of the work must be completed no later than thirty
(30) days prior to the Contract ending date.
5. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to on time
delivery of completion of the milestones contained in the List of Submittals set forth in Exhibit C, the State shall pay to the
Contractor a grant not to exceed thirty -seven thousand, five hundred dollars ($37,500.00).
Unless otherwise specified in Exhibit C, the State shall advance forty- percent (40 %) of the total grant amount upon proper execution
of this contract and upon submission of a SHF Payment Request, fifty- percent (50 %) will be paid to the Contractor upon submission
and approval of the Interim SHF Financial Report. The remaining ten - percent (10 %) of the grant amount shall be paid following
Contractor's submission and the State's approval of the Final SHF Financial Report and SHF Payment Request Form (Attachments 1
Page 1 of 6
and 2). All payments are subj1 ..i to the satisfactory completion of milestones descri,, in Exhibit C and submission by Contractor
of either documented proof or certification of expenditures with each financial report.
Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State
reimbursement. If the Project involves matching funds the SHF may allow prior expenditures in furtherance of the Scope of Work
to be counted as part of such matching funds.
ACCOUNTING: At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain
properly segregated books of State funds, matching funds, and other funds associated with this Project. All receipts and expenditures
associated with said Project shall be documented in a detailed and specific manner, and shall accord with the Budget set forth in
Exhibit B. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget without approval of the
State and document the adjustments in the next financial report. Adjustments of budget expenditure amounts in excess of ten percent
(10 %) must be authorized by the State. In no event shall the State's total financial obligation exceed the amount shown in Paragraph
5 above. Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and will be deducted
from the final payment.
7. AUDIT: The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records, books,
and accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense
to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until three
(3) years after the date final payment for this Project is received by the Contractor provided that the audit is performed at a time
convenient to the Contractor and during regular business hours.
8. PARTIES RELATIONSHIP: CONTRACTOR IS A GRANTEE AND NOT AN EMPLOYEE OR AGENT OF THE STATE. THE
CONTRACTOR SHALL HAVE NO AUTHORITY, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS
OR UNDERSTANDINGS WITHOUT THE EXPRESS WRITTEN CONSENT OF THE STATE. CONTRACTOR REPRESENTS
THAT IT HAS OR SHALL SECURE AT IT'S OWN EXPENSE ALL PERSONNEL BY THE CONTRACTOR UNDER THIS
CONTRACT. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING WORKMEN'S COMPENSATION COVERAGE AND
UNEMPLOYMENT COMPENSATION COVERAGE FOR ALL OF IT'S EMPLOYEES TO THE EXTENT REQUIRED BY
LAW, AND FOR ENSURING THAT ALL SUBCONTRACTORS MAINTAIN SUCH INSURANCE. THE CONTRACTOR
SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING. ALL OF THE
SERVICES REQUIRED HEREUNDER SHALL BE PERFORMED BY THE CONTRACTOR OR UNDER Its SUPERVISION.
9. REPRESENTATIVES AND NOTICES: All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below, who are also the designated representatives for the project. Any
party may from time to time designate in writing substitute addresses or persons to whom such notices shall be sent.
To the State: Gloria J. Muniz
Contracts Officer
Colorado Historical Society
State Historical Fund
225 E. 16th Avenue, Suite 260
Denver, Colorado 80203 -1620
To the Contractor: Mr. James F. Munch
Director of Planning and Development
City of Pueblo
1 City Hall Place
Pueblo, CO 81003
10. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance of this contract no qualified
individual with a disability shall, by reason of such disability, be excluded from participation in, or denied benefits of the service,
programs, or activities performed by the Contractor, or be subjected to any discrimination by the Contractor upon which assurance
the State relies. Further, all real property improvements shall conform to applicable ADA requirements.
DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide the Society with copies of any
archaeological surveys developed during the course of, or under a project financed either wholly or in part by the Society. The
Contractor agrees to otherwise restrict access to such archaeological surveys, as well as access to any other information concerning
the nature and location of archaeological resources, in strict accordance with the provisions of the Colorado Historical Society,
Office of Archaeology and Historic Preservation, Policy on Dissemination of Information, adopted October 1991, a copy of which is
available from the Society.
12. REPORTS: Contractor shall deliver project progress reports to the State every six (6) months during the project which document the
progress of the Project, and SHF Financial Reports (Attachment 1) as described and at the times in the List of Submittals (Exhibit
C).
13. MATCHING FUNDS: Contractor agrees to make available the necessary funds to complete the Project and provide matching funds,
if applicable, in accordance with the Project Budget as set forth in Exhibit B. In the event that said matching funds become
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unavailable, the State may, in .,s sole discretion, reduce its total funding commitme...'co the Project in proportion to the reduction in
matching funds.
If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its pro -rata
share of the unexpended budget.
14. CONSULTANTS /SITE VISITS: The State may:
a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines;
b. Make site visits as determined necessary by the State before, during and/or at the conclusion of the Project to provide on -site
technical advice and to monitor progress.
Any exercise of the State's rights under this Paragraph 14 shall not relieve the Contractor of any of its Contract obligations.
15. PUBLIC ACKNOWLEDGMENT OF FUNDING SOURCE: In all publications and similar materials funded under this Contract, a
credit line shall be included that reads: "This project is/was paid for in part by a State Historical Fund grant from the Colorado
Historical Society." In addition, the Society reserves the right to require that the following sentence be included in any publication or
similar material funded through this program: "The contents and opinions contained herein do not necessarily reflect the views or
policies of the Colorado Historical Society ".
16. REMEDIES: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise available at
law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or perform the duties and
obligation in this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean significant, insufficient,
incorrect, or improper performance, activities, or inaction by the Contractor. These remedial actions are as follows:
a. Suspend the Contractor's performance pending necessary corrective action as specified by the State without Contractor's
entitlement to adjustment in price /cost or schedule; and/or
b. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed in
accordance with the Standards, the SHF Grants Manual and/or the terms and conditions of this Contract; and/or
c. Request the removal from work on the contract of employees or agents of the Contractor whom the State justifies as being
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract the
State deems to be contrary to the public interest or not in the best interest of the State; and/or
d. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by the
Contractor cannot be performed, or if performed would be of no value to the State. Denial of the amount of payment must be
reasonably related to the value of work or performance lost to the State; and/or
e. Declare all or part of the work ineligible for reimbursement; and/or
f. In the event of a violation of this Agreement, and in addition to any remedy now or hereafter provided by law, the Society may,
following reasonable notice to the Contractor institute suit to enjoin said violation or to require the restoration of the Property to its
condition at the time of this Agreement or condition at the time of the most recent satisfactory inspection by the Society. The Society
shall be entitled to recover all costs or expenses incurred in connection with such a suit, including all court costs and attorney's fees.
g. Terminate the contract for default.
17. CUMULATIVE EFFECT: The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them
individually or simultaneously.
18. TERMINATION OF CONTRACT FOR DEFAULT: If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this
Contract, the State shall, in addition to other remedies, thereupon have the right to terminate this Contract for default by giving
written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the
effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, products, submittals, and reports or other material prepared by the Contractor under this Contract shall, at the
option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by
virtue of any breach of the Contract by theContractor, and the State may withhold any payments to the Contractor for the purpose of
setoff until such time as the exact amount of damages due the State from the Contractor are determined.
19. TERMINATION BY STATE: The State may terminate this Contract at any time the State determines that the purposes of the
distribution of State monies under the Contract would no longer be served by completion of the Project. The State shall effect such
termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20)
days before the effective date of such termination. In that event, all finished or unfinished documents and other materials paid for
with State funds shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein,
the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to
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the total services of the Com—ctor covered by this Contract, less payments of corj.,,,;nsation previously made. Provided, however,
that if less than sixty percent (60 %) of the project covered by this Contract has been completed upon the effective date of such
termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket
expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly
attributable to the uncompleted portion of the project covered by this Contract. If this Contract is terminated due to the fault of the
Contractor, Paragraph 18 hereof relative to termination shall apply.
20. CHANGES: This Contract is intended as the complete integration of all understandings between the parties, at this time, and no prior
or contemporaneous addition, deletion, or other amendment hereto, including an increase or decrease in the amount of monies to be
paid to the Contractor, shall have any force or effect whatsoever, unless embodied in a written contract amendment incorporating
such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, modifications to Exhibit A
(Scope of Work) and/or to Exhibit C (List of Submittals) may be approved by letter of agreement, agreed to in writing by all parties,
providing that no such letter of agreement may alter either the total amount of funds payable under the contract, as set forth in
Paragraph 5, or the contract period, as set forth in Paragraph 4, unless such changes are embodied in a written contract amendment
executed and approved pursuant to the State's Fiscal Rules.
21. CONFLICT OF INTEREST: Contractor agrees not to engage in any conduct, activity, or transaction related to this contract
which would constitute a conflict of interest under any applicable State or Federal law.
22. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract, the Contractor shall strictly
adhere to all applicable Federal and State laws that have been or may hereafter be established.
23. SEVERABILITY: To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or
provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term.
24. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon
the parties, or any subcontractors hereto, and their respective successors and assigns.
25. ASSIGNMENT: No party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written
consent of the other parties.
26. SURVIVAL OF CERTAIN CONTRACT TERMS: Notwithstanding anything herein to the contrary, the parties understand and
agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance
of compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as
provided herein in the event of such failure to perform or comply by the Contractor or their subcontractors.
Page 4 of 6
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road,
bridge, viaduct, tunnel, excavation or other public work for this State, the Contractor shall, before entering upon the performance of any such work included in this
contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in
a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety
conditioned upon the faithful performance of the contract and in addition, shall provide that if the Contractor or his subcontractors fail to duly pay for any labor,
materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such Contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an
amount not exceeding the sum specified to the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no
claim in favor of the Contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the
Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106.
INDEMNIFICATION
4. To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages,
liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices (CRS 24- 34402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provisions shall be contained in all Stale contracts or subcontracts.
During the performance of this contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion,
ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated
during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading,
demotion or transfer, recruitment or recruitment advertising; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth provisions of this non - discrimination clause.
(b) The Contractor wilt, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, State that all qualified applicants will receive
consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,
notice to be provided by the contracting officer, advising the labor union or workers' representative of the Contractor's commitment under the Executive Order, Equal
Opportunity and Affirmative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the Governor.
(d) The Contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment work opportunity because of race, creed, color, sex,
national origin, or ancestry.
(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provision of this contract or any order issued thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
(g) In the event of the Contractor's non - compliance with the non - discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract
may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State contracts to accordance with procedures,
authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance
therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Orders, Equal Opportunity and Affirmative Action
of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
(h) The Contractor will include the provisions of paragraphs (a) through (h) in every subcontract and subcontractor purchase order unless exempted by rules,
regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect to any sub - contracting or purchase order as the contracting agency may direct, as a
means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event the Contractor becomes involved in, or is
threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the State of Colorado
to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8 -17 -101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and
are financed in whole or in part be State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a
State or foreign country equal to the preference given or required by the State or foreign country in which the non - resident bidder is a resident. If it is determined by the
officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law-, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to
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. eliminate the inconsistency with Federal requirerrit (CRS 8 -19 -101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is
otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of
complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent
that the contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have
been or may hereafter be established.
9. Pursuant to CRS 24 -30 -202.4 (as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a)
unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid
loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and
(e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to
judgment as certified by the controller.
10. The signatories aver that they are familiar with CRS 18 -8301, et. seq., (Bribery and Corrupt Influences) and CRS 18- 8-401, et. seq., (Abuse of Public Office),
and that no violation of such provisions is present.
11. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Grant Recipient: STATE OF COLORADO
Full Legal me)
Citv of Pueblo Bill Owens, GOVERNOR
Acting by and through
L The Department of Higher Education
B : 1 `C. /l BY:
EXE TI D OR
President of the Council Georgianna Contiguglia, Pre en
Position (Title) - Colorado Historical Society
84- 6000 -615
Social Security Number or Federal Identification Number
If Corporation:)
Attest (Seal)
By:
Corporate try, or Equivalent, Town/City /County Clerk
APPROVED: APPROVED:
STATE OF COLORADO STATE OF COLORAD
Ken Salazar Attorney General Arthur L. Barnhart, Sta Co ti
BY:
il ' . uniz Jack trong
/S Contracts Officer CH is President/Controller
X AG i fts \T a rnp l a te\211450I 5. DO C
Approval/Contract D
X:\Gifts\Doctunent \0002048 Contractdoc
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City of Pueblo Exhibit A
CF &I Steel Archives Collection
Project # 2000 -02 -048
Scope of Work
Project Purpose: The purpose of this project is to conduct a comprehensive survey and analysis of
the CF &I Archives.
II. Scope of Work: The project to be completed as follows:
A. Prepare an assessment of the resources' needs and potential using the following factors:
1. Collection scope and content — including identification and verification of the size and volume,
item types and format, conditions and dates represented.
2. Arrangement, description and preservation — including the current record order, the quality of
description and the condition of the available material.
3. Physical space and location — including current storage and environmental conditions, security
and access, useable shelving, cabinets and equipment, and available archival storage and
processing space.
4. Report and recommendation —a thorough evaluation of the available archival material and a
comprehensive analysis of CF &I historical resources, including a description of the current
status and characteristics of the collection. A processing work plan, conservation priority list
and further recommendations outlining strategies to deal with the immediate needs of the
collection, as they are identified during the assessment.
B. Develop a plan for the management, conservation and interpretation of the archives, to
include the following structure. Policies and procedures to achieve the Society's objectives
will be recommended.
1. Collection disposition — including areas in the collection that would require disposition,
appropriate repositories that might acquire the material and strategies necessary to complete
the donation to the other institutions.
2. Reference, use and outreach — including the need for accessibility using finding aids and ready -
reference materials; the caliber of required databases and automated indexes (including the level
of description, search functions, ease of use and reporting formats); the anticipated number and
types of users served; and the expected level and range of outreach and educational activities.
3. Exhibit support— including the possible types, amounts and condition of materials available for
exhibits and multimedia elements.
4. Report and recommendation —a summary of archive management needs to determine a strategy
for collection management, cataloging and accessibility. This includes recommendations for
collection disposition and development, intellectual and physical control, staffing and funding,
outreach and reference services.
In accordance with Section 12- 47.1 -1201 C.R.S. (1999) the Limited Gaming Act which authorizes the Colorado Historical
Society to administer the State Historical Fund as a statewide grants program.
HAContracts1200010002048 Exhibit A.doc
Page 1 of 1 page
City of Pueblo
CF &I Archives Collection
Project # 2000 -02 -048
PROJECT BUDGET
Grant
Request
Exhibit B
Cash Project
Match Total
A. Collection Evaluation
1.
Logistics & Team Preparation
$1,435
$ 615
$2,050
2.
On -Site Assessment
16,760
1,640
18,400
3.
Project Management
1,610
690
2,300
4.
Recommendations & Report
6,895
2,955
9,850
B.
1.
Project Management
700
300
1,000
2.
Recommendations & Report
7,300
3,220
10,520
C. Miscellaneous
1.
Travel & Lodging
2,500
5,000
7,500
2.
General Office Expenses
300
200
500
3.
Laptop Rental (3 units)
-0-
2,000
2,000
TOTALS
$37,500
$16,620
$54,120
H: \Contracts\2000 \0002048 Exhibit B.doc
Page 1 of 1 page
City of Pueblo
CF &I Steel Archives Collection
Project # 2000 -02 -048
Contract Period December 1, 2000 through December 31, 2002
Exhibit C
LIST OF SUBMITTALS
Project Reports
Project Reports
a. Payment request form (Attachment 2)
b. Progress Report
c. Progress Report
d. Interim Financial Report (Attachment 1). Deliverable #1
below must be reviewed and approved before 50% Interim
payment is made.
e. Progress Report
f. Final Financial Report (Attachment 1)
Due Date
Society Response
N/A
Advance payment 40%
of award $15,000
June 1, 2001
Review*
December 1, 2001
Review*
December 1, 2001
Review & Approve.
Interim payment 50% of
grant award $18,750
June 1, 2002
Review*
July 1, 2002
Review and Approve.
Final payment 10% of
grant award $3,750
*At the discretion of the SHF technical staff, progress reports may not receive a response.
PROJECT DELIVERABLES
Submit the following Project Deliverables in sequence.
Proiect Deliverables
1. Draft Assessment
2. Draft of Interpretation, Management & Conservation Plan
3. Final Assessment
4. Final of Interpretation, Management & Conservation Plan
Societv Response
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
H: \Contracts\2000 \0002048 Exhibit C.doc