HomeMy WebLinkAbout08260ORDINANCE NO. 8260
AN ORDINANCE BUDGETING AND APPROPRIATING FUNDS
IN THE AMOUNT OF $34,400 RELATED TO THE PUEBLO
MODERN: A MID-CENTURY HISTORIC AND ARCHITECTURAL
CONTEXT STUDY AND APPROVING A GRANT CONTRACT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE OF COLORADO FOR THE
DEPARTMENT OF HIGHER EDUCATION, STATE HISTORICAL
FUND FOR SAID PROJECT AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
WHEREAS, the first purpose of the City’s Historic Preservation Code is to
identify, designate and preserve those buildings, objects, monuments, structures and
sites which reflect outstanding elements of the community’s architectural cultural
heritage; and
WHEREAS, the City of Pueblo has received a grant from the Colorado Historical
Society, State Historical Fund, to fund the Pueblo Modern: A Mid-Century Historic and
Architectural Context Study, subject to the execution of a Contract;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The 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, State Historical Fund, Pueblo Modern: A Mid-Century Historic and
Architectural Context Study (State Historical Fund Project #2011-M1-009), 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 in the amount of $34,400 are hereby budgeted and appropriated in Project
PL1003, Pueblo Modern. Funding for this project is from a $27,400 grant from the State
Historical Fund. A non-profit, Historic Pueblo, Inc., will donate $7,000 to the City for the
project.
SECTION 4.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: August 23, 2010
BY: Vera Ortegon
COUNCILPERSON
PASSED AND APPROVED: September 13, 2010
Background Paper for Proposed
ORDINANCE
DATE: AUGUST 23, 2010 AGENDA ITEM # R-6
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF
$34,400 RELATED TO THE PUEBLO MODERN: A MID-CENTURY HISTORIC AND
ARCHITECTURAL CONTEXT STUDY AND APPROVING A GRANT CONTRACT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE
OF COLORADO FOR THE DEPARTMENT OF HIGHER EDUCATION, STATE
HISTORICAL FUND, FOR SAID PROJECT AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE THE SAME
ISSUE
Should the City Council approve the grant contract with the State Historical Fund for the
completion of a Pueblo Modern: A Mid-Century Historic and Architectural Context Study
and budget and allocate $34,400 for the completion of the project?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
On June 1, 2010 the City was awarded a $27,400 grant to conduct a Pueblo Modern: A
Mid-Century Historical and Architectural Context Study. The study will trace the social,
economic, and architectural development of the City of Pueblo from 1940-1982. The
study will generate interest in historic preservation and prepare information for other
preservation and general planning decisions.
FINANCIAL IMPACT
Administration of the grant will be the only fiscal impact. No City grant match is
required. Historic Pueblo Inc. has donated $7,000 to the project for a total budget of
$34,400.
Form (R 5/98)
Depattinent or Agency Name
History Colorado, the Colorado Historical Society
Department or Agency Number.
GCA
Routing Number
APPROVED WAIVER FORM #37 -D
CONTRACT #`�'` ' 2011 -M� i
1- 0_09
�.
THIS CONTRACT Made this day of 2 'f , `C ✓ , by and between the State of Colorado
for the use and benefit of the Department of Higher Education, llistooy Colorado, the Colorado Historical Society 1560 Broadway Suite 400,
Denver, Colorado 80202, hereinafter referred to as the State and /or I- Iistory Colorado, and the City of Pueblo, PO Box 1427 Pueblo, Colorado
81002, 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
ba l , theregf remains available for encumbering and subsequent payment of this Contract under Encumbrance Number
m 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
WI- IEREAS, this Contract (hereinafter "Contract" or "Agreement') sets forth the Scope of Work, Budget and List of Submittals, hereinafter
referred to as the "Project"
NOW TIIEREFORE, it is hereby agreed that:
1 The Contractor shall use funds subject to this Contract in support of Project #2011 -M1 -009 "Pueblo Modern: A Mid -
Century Historical and Architectural Context Study" In accordance with the Scope of !York 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 Survey Manual
and How to Complete Colorado Cultural Resource Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for
any and all survey activities and projects (copies of which are available through History Colorado).
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 History Colorado 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 history Colorado and /or State Historical Fund purposes.
4 CONTRACT EFFECTIVE DATE. The term of this Contract shall be from October 1, 2010 through October 1, 2012.
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 twenty-seven thousand, four hundred dollars ($27,400.00)
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 and 2). All payments are subject to the satisfactory completion of milestones described in Exhibit C and
submission by Contractor of either documented proof or certification of expenditures with each financial report.
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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.
6. 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 SI-IALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING ALL OF TFJE 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: Steve W Turner
Director, State Historical Fund
History Colorado, the Colorado Historical Society
Civic Center Plaza
1560 Broadway Suite 400
Denver, CO 80202 5133
To the Contractor: Mr Wade Broadhead
Planner
City of Pueblo
1 City Hall Place
Pueblo, Colorado 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.
11 DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide History Colorado with
copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by
I- Iistory Colorado. 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
History Colorado -the Colorado Historical Society Office of Archaeology and Historic Preservation, Dissemination of Cultural
Resource; Policy and Procedures, adopted October 1991 (Revised Nov 2002), a copy of which is available from History
Colorado.
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
Page 2 of 6
become unavailable, the State may in its sole discretion, reduce its total funding commitment to 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
History Colorado, the Colorado Historical Society " In addition, I- Iistory Colorado 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 History Colorado, 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 History
Colorado 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 History Colorado. History Colorado 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 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 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
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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 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 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. CIIANGES. 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 m 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
5 PE CI :.PROVISIONS:
(The Special Provisions annly to all contracts except where noted in italics.)
1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1).
This contract shall not be valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY CRS 24 -30- 202(5.5).
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.
3. GOVERMENTAL IMMUNITY
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of
the Colorado Governmental Immunity Act, CRS 24 -10 -101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 1346(b) and 2671 et seq. as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
be an agent or employee of the State. Contractor 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 Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and
its employees and agents only if such coverage is made available by Contractor or a third party Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind thc State to any agreement, liability or understanding, except
as expressly set forth herein. Contractor 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.
5. COMPLIANCE WITH LAW
Contractor 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.
6. CHOICE OF LAW
Colorado law and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to
negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution.
7 BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this contract or incorporated herein by reference
shall be null and void.
8. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00.
State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST CRS 24 -18 -201 and 24 -50 -507
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 contract.
Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor s services and
Contractor shall not employee any person having such known interests.
10. VENDOR OFFSET CRS 24 -30 -202 (1) and 24 -30- 202.4. (Not Applicable to intergovernmental contracts'
Subject to CRS 24 -30 -202.4 (3.5), the State Controller may withhold payment under the State s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child
support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS 39 -21 101, et seq. (c) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a
result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS 8- 17.5 -101. plot Applicable to agreements relating to the offer, issuance, or sale ofsecurities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services)
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contra , through participation in the E- Verify Program
or the Department program established pursuant to CRS 8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract
or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract. Contractor (a) shall not use E- Verify Program or Department program procedures to undertake pre - employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within
three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS 8 -17.5- 102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency Institution of Higher
Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of thc
other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS 8- 17.5 -101 et seq. the contracting State agency
institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law (b) shall comply with the provisions of CRS 24- 76.5 -101 et
seq. and (c) has produced one form of identification required by CRS 24- 76.5 -103 prior to the effective date of this contract.
Revised January 1, 2009
2 ^d Revision March 10, 2009
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C T 'SIGNATURE PAGE •
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
*Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect.
CONTRACTOR. STATE OF COLORADO
(Grant Recipient) Bill Rit GOVERNOR
City of Pueblo 41A Legal Name of Contracting Entity BY " i
Executive Director or Designee v
Edward C. Nichols, President
-yi t% _
*Signature of Authorized Officer History Colorad , the ' Col / Historical Society
Date: 9 /� - / / /v
‘)/3 )Zo(o , 1
' 'Date Department of Higher Education
STAT HISTORICAL FUND
Law r' $1.1re c i
Print Name of Authorized Officer I ��
BY
SteveY Tur r, Dire or
Pr2S i d n4 D4. C:1-64 Counci I �
Print Title of Authorized Officer Date: C I -� l d
WAIVER CONTRACT REVIEWER
A 1-es-r ( jf
BY
Contracts facer or Designee 0
Janette Vigil, tate Historical Fund
Date: 2- 3/M
l "
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance
until such time. If Contractor begins performing prior thereto the State of Colorado is not obligated to pay
Contractor for such performances or for any goods and /or services provided hereunder.
STATE CONTROLLER
David JJ Mc�Dermoott, CPA
B �∎ /`: «mot ,���wC
Susa eh1
C , Chief Financial Officer
Date: SEP 2 . 4 2nJn
Revised, June 18, 2010
X. \ Document \26145417.doc
Approval /Contract D
Page 6 of 6
City of Pueblo — Department of Community Development Exhibit A
Pueblo Modern: A Mid - Century Historical and Architectural Context Study
Project #2011 -M1 -009
SCOPE OF WORK
Project Purpose: The purpose of this project is to create a mid-century (1940 -1982) Historical and
Architectural Context of the City of Pueblo, Colorado, for use by the Pueblo Historic Preservation
Commission (PHPC)
II. Scope of Work is as follows:
A. Research Tasks (approximately 320 hours)
1 Conduct archival research to include information from Office of Archaeological and
Historic Preservation (OAHP) sites, files database, and other resources, as appropriate.
2. Prepare draft context after reviewing existing documentation and source material including
maps, records, and other archive materials, establish methodology for either reconnaissance
or intensive -level field survey (See Section C of Application for additional detail)
B Writing Tasks (approximately 290 hours)
1 Complete archival research.
2. Finalize historic and architectural context, including appropriate maps and photos, into final
Context report.
C. Preservation Action Plan (approximately 200 hours)
1 Prioritize areas /subdivisions for either reconnaissance or intensive -level field survey
(approximately 60 hours)
2. Develop education and outreach methods for the PHPC, including a prioritization strategy
for the distribution of the Context report.
D Printing, copying and binding of Preservation Action Plan (approximately 40 hours)
E. Conduct 2 Public Meetings and 3 meetings with the PHPC to review findings (approximately
100 hours)
In accordance with Section 12 -47 1 -12 -1 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.
H. \ Contracts \2011 \11M1009 Exhibit A.doc
Page 1 of 1 pages
City of Pueblo — Department of Community Development Exhibit B
Pueblo Modern. A Mid - Century Historical and Architectural Context Study
Project #2011 -M1 -009
PROJECT BUDGET
TASK AMOUNT
A. Research Tasks $12,800
B Writing Tasks $11,600
C. Preservation Action Plan $2,400
D Printing, Copying, Binding $1,600
E. Pubhc Meetings $4,000
F. Travel Expenses ** $2.000
PROJECT TOTALS $34,400
Cash Match (20 %) $7,000
Grant Award (80 %) $27,400
** Travel — Must be within SHF allowable rates ($80 /night hotel, $39 /day per diem, and $ 45 per mile)
H. \ Contracts \2011 \11M1009 Exhibit B.doc
Page 1 of 1 page
City of Pueblo — Department of Community Development Exhibit C
Pueblo Modern. A Mid - Century Historical and Architectural Context Study
Project #2011 -M1 -009
LIST OF SUBMITTALS
Project Reports
Proiect Reports Due Date Society Resnonse
a. Payment Request Form (Attachment 2) N/A Advance payment of grant
Deliverables #1 -3, below must be reviewed and award $10 960
approved before Advance payment is made.
b Progress Report # 1 December 1, 2010 Review*
c. Progress Report # 2 March 1, 2011 Review*
d. Interim Financial Report (Attachment 1) June 1, 2011 ** Review & Approve.
Deliverables #4 below must be reviewed and Interim payment of grant
approved before Interim payment is made. award $13,700
e. Progress Report # 3 September 1, 2011 Review*
f. Progress Report # 4 December 1, 2011 Review*
g Final Financial Report (Attachment 1) March 1, 2012 * ** Review & Approve.
Final Reimbursement of
grant award $2,740
*At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim financial report due date is a guidehne. Please submit Interim financial report when majority of
advance has been expended and you are ready for the next payment.
* ** Protect period ends. All Deliverables due on or before this date.
PROJECT DELIVERABLES
Submit the following Project Deliverables.
Proiect Deliverables Society RestIonse
1 Consultant Resume — Architectural Historian Review /Comment and or Approve
2. Subcontract Certification form — Architectural Historian Review /Comment and or Approve
3 Confirmation of consultation with SHF Historic Review /Comment and or Approve
Preservation Speciahst
4 Draft Context Review /Comment and or Approve
5 Final Context Review /Comment and or Approve
6. Schedule of Pubhc Meetings Review /Comment and or Approve
Page 1 of 2 pages
City of Pueblo — Department of Community Development Exhibit C
Pueblo Modern. A Mid - Century Historical and Architectural Context Study
Project #2011 -M1 -009
7 Schedule of PHPC Meetings Review /Comment and or Approve
8. Preservation Action Plan Review /Comment and or Approve
9 Distribution list for Final Report Review /Comment and or Approve
1 -1: \ Contracts \2011 \ 11M1009 Exhibit C.doc
Page 2 of 2 pages
• t STATE , 1ISTORICAL
PAYMENT REQUEST AND FINANCIAL REPORT FORM
A) General Information
Project # Project Title:
Grant Recipient: Grant Recipient Contact:
Instructions: Use this form to request payment and report expenses for projects starting with 2010 -02, 2010 -M2 or later.
Indicate payment you are requesting. Report payments made to subcontractors and individuals for work on the project. Do not
report payments reported on prior financial reports. Financial Report (Section C) not required for Advance Payment. Include a
completed Certification of Expenditures (COE) when submitting a financial report.
B) Payment Request: Check Only One
❑ Advance Payment ❑ 1" Interim Payment ❑ 2 "d Interim Payment ❑ Final Payment ❑ Easement Payment
ll'/ork must begin within 2 weeks of Request for Advance Payment, previously advanced funds must be expended prior to receiving interim payments
Final payment es a reimbursement. Please refer to Exhibit C ofyour contract fir amounts and Deliverables due before payment. Contingency
funds will be added to payments based on prior approval. Be sure to include copy of Easement Fee invoice when requesting Easement Payment.
C) Financial Report:
Award Amount I $ Award Ratio I Grant Funds: % / Cash Match.
PAYEE NAME BUDGETED TASK DATE PAID WARRANT or AMOUNT PAID
CHECK #
1st Interim Financial Report Total
I hereby certify that all expenses reported above have been PAID and that all 2 "d Interim Report Total
of the information is correct and that any false or misrepresented information Final Financial Totals
may require immediate repayment of any or all funds. Project Total
Estimate. Project is % Complete Interest Earned. $
❑ Certification of Expenditures Form (COE) form included �.'.
-?DO NOt WRITE4N FTHIS''AREM
•
Grant Recipient / Project Director Signature Date .P ^, µAppro ` ved for ?Paytnerit, ;
>>>>>>>,>>>>>>>>> 2 2 2 27 .77.27,
H. \ Manuals \Contracts Manuals \Attachments \PAY REQUEST AND FINANCIAL REPORT.doc
Issued: November,24, 2009