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HomeMy WebLinkAbout09459RESOLUTION NO. 9459 A RESOLUTION APPROVING A CONTRACT, EIAF NO. 3973, PUEBLO NEIGHBORHOOD CENTER BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the Pueblo City Council desires to preserve the historic archives of the Colorado Fuel and Iron Corporation and make them available for the use and benefit of the citizens of the Pueblo community. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: !�FCTION 1 The grant Contract and attachments, between the State of Colorado for the use and benefit of the Department of Local Affairs, and the City of Pueblo, relating to EIAF No. 3973, Pueblo Neighborhood Center, a copy of which is attached hereto and incorporated herein having been approved as to form by the City Attorney is hereby approved. SECTION 7_ 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. INTRODUCED: _December 26, 2001 APPROVED: ATTESTED BY: OF CITY COUNCIL RESOLUTION NO. 9459 A RESOLUTION APPROVING A CONTRACT, EIAF NO. 3973, PUEBLO NEIGHBORHOOD CENTER BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the Pueblo City Council desires to preserve the historic archives of the Colorado Fuel and Iron Corporation and make them available for the use and benefit of the citizens of the Pueblo community. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFC TION 1 The grant Contract and attachments, between the State of Colorado for the use and benefit of the Department of Local Affairs, and the City of Pueblo, relating to ETAF No. 3973, Pueblo Neighborhood Center, a copy of which is attached hereto and incorporated herein having been approved as to form by the City Attorney is hereby approved. SECTTON 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. INTRODUCED: December 26, 2001 APPROVED: ATTESTED BY: OF CITY COUNCIL EIAF - #3973 Revised May 1, 1996 Mineral Lease Fund CONTRACT THIS CONTRACT, made this 1J day of Colorado for the use and benefit of the Departm< 80203 hereinafter referred to as the State, and, t 81003 , hereinafter referred to as the Contractor. DEPARTMENT OR AGENCY NAA CONTRACT ROUTING NUMBER 00 58G M L 2002, by and between the State of WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 153 Appropriation Code Number 128 Org. Unit FA00 GBL Contract Encumbrance Number F02MLG3973 ; and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist local governments and political subdivisions of the State that are experiencing social and economic impacts resulting from the development of energy and mineral resource industries in Colorado; and WHEREAS, pursuant to sections 34-63 -101 to 104, C.R.S., 1973, as amended, the Local Government Mineral Impact Fund has been created which fund is administered by the Department of Local Affairs herein referred to as the "Department", through the Energy and Mineral Impact Assistance program; and WHEREAS, pursuant to sections 34-63 -101 and 102, C.R.S., 1973, as amended, the Executive Director of the Department is authorized to make grants from the Local Government Mineral Impact Fund to political subdivisions for the planning, construction, and maintenance of public facilities and for public services to include the planning, design, construction, erection, building, acquisition, alteration, modernization, reconstruction, improvement, or expansion of water and wastewater facilities; and WHEREAS, the Contractor, a political subdivision eligible to receive energy /mineral impact assistance, has applied to the Department for assistance; and WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and WHEREAS, the Executive Director is willing to provide assistance in the form of a grant from the Local Government Mineral Impact Fund to the Contractor for the Project upon mutually agreeable terms and conditions as hereinafter set forth; NOW THEREFORE, it is hereby agreed that: 1. Scope of Services In consideration for the monies to be received from the State, the Contractor shall do, perform, and cany out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services ", set forth in the attached Exhibit A, hereinafter referred to as the "Project." Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator The performance of the services required hereunder shall be under the direct supervision of James F. Munch ' an employee or agent of the Contractor, who is hereby designated as the administrator -in- charge of this Project. At any time the administrator -in- charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in - charge and the State receives notification of such replacement assignment. Page 1 of 7 Pages REMITT1.1 "V ���� 3. Time of Performance This Contract shall become effective upon the proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance" Section contained in the attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract shall not be considered eligible expenditures for reimbursement from the State. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the completion date set forth in the "Time of Performance" Section of Exhibit A. 4. Authority to Enter into Contract and Proceed with Project The Contractor assures and warrants that it possesses the legal authority to enter into this Contract. The persons signing and executing this Contract on behalf of the Contractor do hereby warrant and guarantee that they have full authorization to execute this Contract. In addition, the Contractor represents and warrants that it currently has the legal authority to proceed with the Project, or, if the structure of the Project is such that a decision by the electorate is required, the Contractor has held such an election and secured the voter approval necessary to allow the Project to proceed. 5. Compensation and Method of Payment Grant Funds: Method of Payment in consideration for the work and services to be performed hereunder, the State agrees to provide to the Contractor a grant from the Local Government Severance Tax Fund, in an amount not to exceed THREE HUNDRED THOUSAND AND NO /100 - - - - - - Dollars( $300,000.00 ). The method and time of payment of such grant funds shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. 6. Reversion of Excess Funds to the State a) Any State funds not expended in connection with the Project shall be remitted to the State upon completion of the Project or a determination by the State that the Project will not be completed. b) It is expressly understood that if the Contractor receives funds from this Contract in excess of its fiscal year spending limit, all such excess funds from this Contract shall revert to the State. Under no circumstances shall excess funds from this Contract be refunded to other parties. 7. Financial Management At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated accounts 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 be in accordance with the "Budget" Section set forth in Exhibit A. Contractor may adjust individual budgeted expenditure amounts up to the limitations set forth in Paragraph 8.b) of the main body of this Contract without approval of the State. Any budgetary modifications that exceed the limitations set forth in Paragraph 8.b) must adhere to procedures set forth in Paragraph 8.c) in order to modify the Contract budget. Modification and Amendments a) Modification by Operation of Law This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modifications shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Changes This Contract has a simplified Change Letter procedure for modifying this Contract for the following reasons: unless otherwise specified in the Scope of Services, when cumulative budgetary line item changes exceed Twenty Thousand Dollars ($20,000.00); ii) when any budget transfers to or between administration budgetary categories are proposed; iii) when the scope, objective or completion date of the Project changes as determined by the Department; iv) when additional or less State funding is needed; v) when there are additional federal statutory or regulatory compliance changes in accordance with Paragraph 23 of the Original Contract. Page 2 of 7 Pages Under such circumstances, the Department's approval is not binding until memorialized in a fully executed Change Letter as specified in subparagraph c). c) Change Letter Process Contractor must submit a written requestto the Department if programmatic or budgetary modifications are desired. Paragraph 5, Compensation and Method of Payment; Paragraph 23, Compliance with Applicable Laws; and Exhibit A, Scope of Services, may be modified by Change Letter, signed by the State and the Contractor. Upon proper execution and approval, such Change Letter shall become an amendment to the Contract, effective on the date specified in the Letter. No such Change Letter shall be valid until approved by the State Controller or such assistant as he may designate. All other modifications to this Contract must be accomplished through amendment to the Contract pursuant to fiscal rules and in accordance with subparagraph 8.d). d) Other Modifications If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs b) and c) above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. Any amendment required per this subparagraph will require the approval of other appropriate state agencies, e.g. Attorney General, State Controller, etc. Audit a) Discretionary Audit The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives, including the right to hire an independent Certified Public Account of the State's choosing, or the federal government or any of its properly delegated or authorized representatives shall have the right to inspect, examine, and audit the Contractor's (and any subcontractor's) records, books, accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed during normal business hours. b) Mandatory Audit Whether or not the State calls for a discretionary audit as provided above, the Contractor shall include the Project in an annual audit report as required by the Colorado Local Government Audit Law, C.R.S. 973, 29 -1 -601, et seg, and State implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor related to the relevant audit report. If the audit reveals evidence of non - compliance with applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29 -1 -607 or 29 -1 -608. 10. Personnel The Contractor shall perform its duties hereunder as a Contractor and not as an employee of the State. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee of the State. Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force worker's compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees and agents. The Contractor is responsible for providing Worker's Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage for themselves. In no case is the State responsible for providing Worker's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. 11. Conflict of Interest The Contractor shall comply with the provisions of C.R.S. 18 -8 -308 and C.R.S. 24- 18 -101 through 24 -18 -109. 12. Contract Suspension If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein. The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the Project. 13. Contract Termination This Contract may be terminated as follows: Page 3 of 7 Pages a) Termination Due to Loss of Funding The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. b) Termination for Cause 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 thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination 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, data, studies, surveys, drawings, maps, models, photographs, 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 the Contractor, 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 is determined. c) Termination for Convenience 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 the event of termination for convenience, all finished or unfinished documents and other materials as described in subparagraph 13.b) above 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 the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent (60 %) of the services covered by this Contract have been performed 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 services covered by this Contract. 14. Integration This Contract, as written, with attachments and references, is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 15. 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 nor as waiver of a subsequent breach of the same term. 16. Binding on Successors Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 17. Assignment Neither party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other party. No subcontract or transfer of Contract shall in any case release the Contractor of liability under this Contract. 18. 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 or 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 its subcontractors. Page 4 of 7 Pages 19. Successor in Interest In the event the Contractor is an entity formed under intergovernmental agreement and the project is for the acquisition, construction or reconstruction of real or personal property to be used as a public facility or to provide a public service, the Contractor warrants that it has established protections that ensure that, in the event the Contractor entity ceases to exist, ownership of the property acquired or improved shall pass to a constituent local government or other eligible governmental successor in interest so that the property can continue to be used as a public facility or to provide a public service. 20. Non - Discrimination The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non - discrimination on the basis of race, color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of this Contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this Contract. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non- discrimination and affirmative action requirements of this Contract and applicable statutes. 21. Minority Business Enterprise Participation It is the policy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy to :he fullest extent practicable and consistent with the efficient performance of this Contract. As used in this Contract, the term "minority business enterprise" means a business, at least fifty percent (50 %) of which is owned by minority group members, or, in the case of publicly owned businesses, at least fifty -one percent (51%) of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish- speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not conduct an independent investigation. 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. Page 5 of 7 Pages SPECIAL PROVISIONS ( Not for Use with Inter - Governmental Contracts 1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24 -30 -202 (5.5) 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. 3. INDEMNIFICATION. 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. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON - DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. 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. 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. 7. VENDOR OFFSET. CRS 24 -30 -202 (1) &CRS 24 -30 -202.4 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 21, 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. - 8. EMPLOYEE FINANCIAL INTEREST. CRS 24 -18 -201 & CRS 24 -50 -507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Page 6 of 7 Pages Revised: 1211101 SPECIAL PROVISIONS THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS, GOVERNOR CITY OF PUEBLO, COLORADO By I �'� �C.% ��� .�j� • 1�t' L` -!' ? .Zc c Legal Name of Contracting Entity Executive Director, Bob Brooks Department of Local Affairs 844 =60)D0615 Social S curity Numbe or FEIN Signat r2tofAuthorized0 icer f Al Gurule, CITY COUNCIL PRESIDENT Print Name 8. Title of Authorized Officer CORPORATIONS: (A corpirate seal or attestation is required.) PRE- APPROV D FO CONTRACT REVIEWER: Attest (Seal) By_ _ (Corporate , retary or Equivalent, or Town /City /County Clerk) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and /or services provided. STATE CONTROLLER: Arthur L. Barnhart By RO Marie Ate n, - Date /Zl, ZQ Z Page 7 of 7 Pages Revised: 12/1/01 EXHIBIT A SCOPE OF SERVICES EIAF - #3973 Pueblo Neighborhood Center EXHIBIT A SCOPE OF SERVICES PR_ OJECT DESCRIPTION, OBJECTIVES, & REQUIREMENTS The Project consists of the acquisition through a five year lease from the Bessemer Historical Society, a non - profit Colorado corporation, of 43,206 square feet of space in the Annex Building, at 1612 East Abriendo. The building and its facilities will be used for the storage, maintenance, and preservation of the historic archives of the Colorado Fuel and Iron Corporation (CF &I). During the five year lease period an archival museum facility will be developed for the permanent conservation and public display of this unique cultural resource. Specific eligible Project expenses include all items listed above. Energy /Mineral Impact Assistance funds in the amount of $ 300,000 are provided under this Contract to finance Project costs. The Contractor is responsible for all Project cost in excess of $ 300,000. During a period of five (5) years following the date of closeout of the Project by the State, if the Contractor decides that it is appropriate to change the use of the property to a use which the State determines does not qualify, the Contractor must reimburse to the State the value of the lease from that point forward. At the end of the five (5) year period following the Project closeout date and thereafter, no State restrictions on use of the property shall be in effect. Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall be submitted to the Department of Local Affairs, Field Services Section, upon execution, and any and all contracts entered into by the Contractor or any of its subcontractors shall comply with all applicable Federal and Colorado State laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary. 2. ENERGY AND MINERAL IMPACT CF & I has produced rail, pipe and mining hardware from coal, coke and minerals extracted from Colorado mines for the last 100 years. Over 100 years of impacts to this vast energy and mineral dependent industry have been focused on the Bessemer neighborhood. The neighborhood has never fully recovered from the mill down - sizing in the mid- 1980s, and with Rocky Mountain Steel recently vacating the headquarters, the neighborhood has suffered an additional blow. 3, TIME OF PERFORMANCE The Project shall commence upon the full and proper execution of this Contract and shall be completed on or before July 31, 2003, However, in accordance with Paragraph 8 contained within the main body of this Contract, the Project time of performance may be extended by Change Letter, subject to mutual agreement of the State and Contractor. To initiate this process, a written request shall be submitted to the State by the Contractor at least thirty (30) days prior to January 31, 2003, and shall include a full justification for the time extension. This Contract shall remain in full force and effect after completion of the Project and shall expire only upon full performance by both parties of their obligations hereunder. Page 1 of 2 Pages EIAF - #3973 Pueblo Neighborhood Center EXHIBIT A SCOPE OF SERVICES 4. BUDGET REVENUE EXPENDITURES Energy /Mineral Impact Assistance $300,000 One Time Lease Pre - Payment $300,000 Grant Funds TOTAL $300,000 TOTAL $300,000 5. PAYMENT SCHEDULE - GRANT AGREEMENT a. $300,000 One time payment to be made within thirty (30) days of the date of execution of this Contract. $300,000 TOTAL All requests for payment after the first payment shall be initiated by the Contractor in accordance with the provisions in Paragraph 5 of the main body of this Contract. 6. CONTRACT MONITORING The State shall monitor this Contract on an as- needed basis. 7. REPORTING SCHEDULE The Contractor shall submit financial and narrative status reports detailing Project progress and properly documenting all to -date expenditures of Energy /Mineral Impact Assistance funds at the time payment requests are made, in accordance with the Payment Schedule contained in Exhibit A. Page 2 of 2 Pages Background Paper for Proposed RESOLUTION AGENDA ITEM # / DATE: DECEMBER 26, 2001 1 scjq DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH TITLE A RESOLUTION APPROVING A CONTRACT, EIAF NO. 3973, PUEBLO NEIGHBORHOOD CENTER BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Shall the City Council enter into a Contract with the Department of Local .Affairs for $300,000, which will be used by the City to lease for five years 43,206 sq. ft. from the Bessemer Historical Society for the storage, maintenance, and preservation of the historic archives of the Colorado Fuel and Iron Corporation (CF &I). RECOMMENDATION Enter into the Contract. BACKGROUND The Bessemer Historical Society (BHS) is entering into a Contract with Rocky Mountain Steel to purchase the former CF &I Headquarters property bounded by Abriendo Avenue on the west, I -25 on the east, Jones Avenue on the south and Bay State Avenue on the north. The acquisition will be accomplished through a series of smaller acquisitions with the first being the Historic Headquarters Building and the Dispensary, the second will be the annex structure, and the third the sales office (steel building). The five -year lease with BHS will allow BHS to acquire the annex portion of the complex and accomplish two objectives. The first is the moving of all the archives currently stored in the Historic Headquarters Building and the Medical Dispensary into the annex and begin the maintenance and preservation of the archives. With the archives removed from the two historic structures, BHS can begin the stabilization and rehabilitation of the headquarters and dispensary buildings. This action only accepts the money from the Department of Local Affairs. With the acceptance of this Contract, the staff will begin the negotiation of a five -year lease agreement with BHS, which will be placed on the Council's January Agenda. F Background Paper for Proposed RESOLUTION AGENDA ITEM # / DATE: DECEMBER 26, 2001 1 scjq DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH TITLE A RESOLUTION APPROVING A CONTRACT, EIAF NO. 3973, PUEBLO NEIGHBORHOOD CENTER BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Shall the City Council enter into a Contract with the Department of Local .Affairs for $300,000, which will be used by the City to lease for five years 43,206 sq. ft. from the Bessemer Historical Society for the storage, maintenance, and preservation of the historic archives of the Colorado Fuel and Iron Corporation (CF &I). RECOMMENDATION Enter into the Contract. BACKGROUND The Bessemer Historical Society (BHS) is entering into a Contract with Rocky Mountain Steel to purchase the former CF &I Headquarters property bounded by Abriendo Avenue on the west, I -25 on the east, Jones Avenue on the south and Bay State Avenue on the north. The acquisition will be accomplished through a series of smaller acquisitions with the first being the Historic Headquarters Building and the Dispensary, the second will be the annex structure, and the third the sales office (steel building). The five -year lease with BHS will allow BHS to acquire the annex portion of the complex and accomplish two objectives. The first is the moving of all the archives currently stored in the Historic Headquarters Building and the Medical Dispensary into the annex and begin the maintenance and preservation of the archives. With the archives removed from the two historic structures, BHS can begin the stabilization and rehabilitation of the headquarters and dispensary buildings. This action only accepts the money from the Department of Local Affairs. With the acceptance of this Contract, the staff will begin the negotiation of a five -year lease agreement with BHS, which will be placed on the Council's January Agenda. FINANCIAL IMPACT The Department of Local Affairs will make available to the City of Pueblo $300,000, which the City will use to lease 43,206 sq. ft. of space from the Bessemer Historical Society. There is no match requirement for this grant. Funding for this Contract will come from the Local Government Mineral Impact Fund. These are considered federal dollars for TABOR accounting purpose. There is although a provision of the contract, 6(b), which states: "It is expressly understood that if the Contractor receives funds from this Contract in excess of its fiscal year spending limit, all such excess funds from this Contract shall revert to the State. Under no circumstances shall excess funds from this Contract be refunded to other parties." 2