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HomeMy WebLinkAbout08523ORDINANCE NO. 8523 AN ORDINANCE ESTABLISHING PROJECT NO. PL1205 GOODNIGHT BARN HISTORIC STRUCTURE ASSESSMENT, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $13,000 FOR SAID PROJECT, APPROVING A GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE DEPARTMENT OF HIGHER EDUCATION, HISTORY COLORADO, THE COLORADO HISTORICAL SOCIETY 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 History Colorado, the Colorado Historical Society, State Historical Fund to fund the Goodnight Barn Historic Structure Assessment, subject to the execution of a Contract; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Project No. PL1205 Goodnight Barn Historic Structure Assessment is hereby established and funds in the amount of $13,000 are hereby budgeted and appropriated for said Project. SECTION 2. 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, History Colorado, the Colorado Historical Society, relating to the Goodnight Barn Historic Structure Assessment Grant, copies which are attached hereto and incorporated herein, having been approved as to form the City Attorney, are hereby approved. SECTION 3. 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 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: October 9, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: October 22, 2012 Background Paper for Proposed ORDINANCE DATE: OCTOBER 9, 2012 AGENDA ITEM # R-3 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, DIRECTOR TITLE AN ORDINANCE ESTABLISHING PROJECT NO. PL1205 GOODNIGHT BARN HISTORIC STRUCTURE ASSESSMENT, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $13,000 FOR SAID PROJECT, APPROVING A GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE DEPARTMENT OF HIGHER EDUCATION, HISTORY COLORADO, THE COLORADO HISTORICAL SOCIETY FOR SAID PROJECT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME ISSUE Should the City Council approve the grant contract with History Colorado, the Colorado Historical Society for the completion of a Goodnight Barn Structure Historic Assessment and budget and allocate $13,000 for the completion of the Project? RECOMMENDATION Approval of the Ordinance. BACKGROUND The City of Pueblo was awarded a $13,000 grant to conduct a Goodnight Barn Historic Structure Assessment on August 5, 2012. The assessment will determine the structural condition of the Goodnight Barn and make recommendations for its repair as well as general cost estimates for each item to be repaired. The Goodnight Barn is owned by the City and is located in Pueblo County. The Barn is one of the oldest historic ranching related structures in Southern Colorado being built in 1872. The assessment will take approximately six months to complete. FINANCIAL IMPACT Administration of the grant will be the only fiscal impact. No City grant match is required. Form (R 5/98) Department or Agency Name I-listory Colorado, the Colorado 1 listorical Society Department or Agency Number GCA Routing Number APPROVED WAIVER FORM #37 -D CONTRACT #2013 -HA -010 ? I' TIIIS CONTRACT, Made this 0 day of °7t 1')C.1 , 7M t2 , by and between the State of Colorado for the use and benefit of the Department of Higher Education, I Iistory Colorado, the Colorado historical Society, 1200 Broadway, Denver, Colorado 80203, hereinafter refcrrcd to as the State and /or I Iistory Colorado, and the City of Pueblo, 200 South Main Street, PO Box 1427, Pueblo, Colorado 81003, hereinafter referred to as the "Contractor ", WI IEREAS, 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 131 k 10 in Fund Number 401, Appropriation Account 401 and Organization SI-IFG; 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) (Ili) of Section 9 of Article XV'III of the state constitution, provide for the annual distribution of monies from the State 1listorical Fund; and WHEREAS, the Contractor is eligible in accordance with law to receive a State Ilistorical 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 thc Scope of Work, Budget and List of Submittals, hereinafter referred to as the "Project ", NOW THEREFORE, it is hereby agreed that-. 1. The Contractor shall use funds subject to this Contract in support of Project #2013 -HA -010 "Historic Structure Assessment ". In accordance with thc 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 Interiors 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 I listory Colorado). 3. RIGI-11 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 1 listory 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 I- Iistorical Fund purposes. 4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from November 15, 2012 through November 15, 2014. 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 METI IOD OF PAYMENT: In consideration of thc 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 thirteen thousand dollars ($13,000.00). 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 SI -IF 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 Pgn ent 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. Page 1 of 6 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 SI IF may allow prior expenditures in furtherance of the Scope of Fork 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. AUDTT: 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 SI IALL HAVE NO AUTHORITY, EXPRESS OR IMPLIED, TO BIND 11 LE STATE TO ANY AGREEMENTS OR UNDERSTANDINGS WITHOUT THE EXPRESS \VRTT'fEN CONSENT OF THE STATE. CONTRACTOR REPRESENTS 11IAT IT I LAS OR SIIALL SECURE AT IT'S OWN EXPENSE ALL PERSONNEL BY THE CONTRACTOR UNDER THIS CONTRACT. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING WORKIsidEN'S COMPENSATION COVERAGE ; \ND UNEMPLOYMENT COMPENSATION COVERAGE FOR ALL OF IT'S EMPLOYEES '1'O TIIE EXTENT REQUIRED BY LA \V, AND FOR ENSURING THAT ALL SUBCONTRACTORS MAINTAIN SUCH INSURANCE. THE CONTRACTOR SI -GALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX \W11-11-IOLDING. ALL OF TI -IE SERVICES REQUIRED HEREUNDER SIIALL BE PERFORMED BY 1'I IE CONTRACTOR OR UNDER Its SUPERVISION. 9. REPRESENl'ATIVES 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 Vice President OAI IP and SI-IF /Deputy SI -IPO I history Colorado, the Colorado I listorical Society 1200 Broadway, Denver, Colorado 80203 To the Contractor: Mrs. Julie An Woods Planning Director City of Pueblo 211 East D Street 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 History 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 Repots (Attachment 1) as described and at the times in the list of Submittals (Exhibit C). 13. MATCL LING 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 unavailable, the State may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. Page 2 of 6 .• 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 /SI'Z'E 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 thc State's rights under this Paragraph 14 shall not relieve the Contractor of any of its Contract obligations. 15. PUBLIC ACKNOWLEDGNLEN'1' 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 Ilistorical Fund grant from History Colorado, the Colorado Historical Society." In addition, history 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 thc views or policies of I listory Colorado, the Colorado I Iistorical 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 arc satisfactorily completed in accordance with thc Standards, the SI IF 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 performcd, or if performcd would be of no value to the State. Denial of the amount of payment must be reasonably related to thc value of work or performancc lost to the State; and /or c. Declare all or part of the work ineligible for reimbursement; and /or f. In thc event of a violation of this Agreement, and in addition to any remedy now or hereafter provided by law, Llistory 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. Tram INA'1'ION OF CONTRACT FOR DEFAULT: If, through any cause, thc 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 rcmcdics, thereupon have the right to tcrminatc 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 othcr material prepared by thc 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 arc 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 performcd bear to the total services of the Contractor covered by this Contract, less payments of compensation Page 3 of 6 • 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 arc 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. CI-GANGES: 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 bc 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 cithcr 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 \WTI -I 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 bc executed and performance of the obligations of the parties may bc 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 tcrm or provision hereof. The waiver of any breach of a tcrm hcrcof 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, thc parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hcrcto which may require continued performance of compliance beyond the termination date of thc 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. 27. CORA DISCLOSURE: To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24- 103.5 -101, if any, arc subject to public release through the Colorado Open Records Act, CRS §24 -72 -101, et seq. 28. STATEWIDE CONTRACT MANAGEMENT SYSTEM: If the maximum amount payable to Grantee under this Grant is S100,000 or greater, either on the Effective Date or at anytime thereafter, this §28 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24 -102 -205, §24- 102 -206, §24- 103 -601, §24- 103.5 -101 and §24- 105 -102 concerning thc monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24- 103.5 -101, and State fiscal rules, policies and guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will bc systematically recorded in thc statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performancc Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by CI IS, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on futurc grants. Grantee may contest the final Evaluation, Review and rating by: (a) filing rebuttal statements, which may result in cithcr removal or correction of the evaluation (CRS §24- 105 - 102(6)), or (b) under CRS §24- 105- 102(6), exercising the debarment protest and appeal rights provided in CRS § §24- 109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon showing of good cause. Page 4 of 6 ' SPECIAL - PROVISIONS '. (The Special Provisions apply to all contracts except where noted in italics.1 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 2(171 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 mcome taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the 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 thc 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, thc 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 descnbed 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. [Nor Applicable to intergovernmental contracts] Subject to CRS 24-30- 21)2.4 (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. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, 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 contract, through participation in the E. Verify Program or the Department program established pursuant to CRS 8 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract ur enter into a contract with a subcontractor that fails to certify to Contractor that thc subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use 1-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 I lgher 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 the 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 247(.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 ^� Revision March 10, 2009 Page 5 of 6 CONTRACT SIGNATURE PAGE T HE 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) John W. Hie ooper, GOVERNOR City of Pueblo i mss' Legal Name of Contracting Entity BY: Executive irector or Designee / Edward C. Nichols, President *Signatu of Authorized Officer History Colorado, the Colorado Historical Society Date: /9/3/// v Date Department of Higher Education STATE HISTORICAL FUND Chris Kaufman Print Name of Authorized Officer , • f BY: 4 �®�I► -j Direct, or Designee Steve Y. Turner, Vice President OAI & SI - IF /Deputy SI IPO President of City Council Print Title of Authorized Officer Date: f.3cf i !/+ A WAIVER CONTRACT REVIEWER Attest: St ity Clerk 6 —el-t----- u't.[.� /� BY: Contracts Officer or Designee Susan Frawley, State Historical Fund Date: /D /Zq /2-0 2.._ 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 • for any goods and /or services provided hereunder. STATE CONT ' OLLER David J. SI . D ott, CPA /MO BY: _ i i 1 Joseph Bell WIIIIP- CHS, Vice Preside ce, Facilities & Regional Museums � Date: Revised, February 15, 2012 \ \chs -db \ gifts \ Document \ 1 1 1 13027.doc Approval /Contract D Page 6 of 6 City of Pueblo Exhibit A Historic Structure Assessment Project #2013 -HA -010 Scope of Work Project Purpose: The Purpose of this Project is to conduct a Historic Structure Assessment of the Goodnight Barn in Pueblo, Colorado. II. Scope of Work will be conducted as follows: 1.0 Introduction 1.1 Research Background /Participants 1.2 Building Location 2.0 History and Use 2.1 Architectural Significance and Construction History 2.2 Existing Sketch Plan 2.3 Proposed Use(s) 3.0 Structure Condition Assessment 3.1 Site • Associated Landscape Features • Parking • Archeology 3.2 Foundations • Foundation Systems • Perimeter Foundation Drainage 3.3 Structural System • General Structural System Description • Floor and Ceiling Systems • Roof Framing System 3.4 Envelope- Exterior Walls • Exterior Wall Construction • Exterior Finishes • Exterior Masonry • Exterior Appendages - Porch, Stoop, Portico, Etc. 3.5 Envelope - Roofing and Waterproofing • Roofing Systems • Sheet Metal Flashing • Drainage System, Gutters, and Downspouts 3.6 Windows and Doors • Doors • Windows Page 2 of 2 pages City of Pueblo Exhibit A Historic Structure Assessment Project #2013 -HA -010 • Hardware • Trim • Finishes 3.7 Interior Finishes • Wall Finish Materials • Ceiling Finish Materials • Floor Finish Materials • Trim and Built -ins 3.8 Mechanical Systems • Heating / Air Conditioning • Ventilation • Water Service, Plumbing and Sewer Utilities • Fire Suppression - Sprinklers 3.9 Electrical Systems • Electrical Service and Panels • Electrical Distribution System • Lighting • Fire Detection System • Security Alarm System 4.0 Analysis and Compliance 4.1 Hazardous Materials 4.2 Materials Analysis 4.3 Zoning Code Compliance 4.4 Building Code Compliance 4.5 Accessibility Compliance 5.0 Preservation Plan 5.1 Prioritized Work 5.2 Phasing Plan 5.3 Estimate of Probable Cost of Construction 6.0 Photos and Illustrations 7.0 Bibliography 8.0 Appendices • Drawings, Misc. 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. I-I: \ Contracts \2013 \131IA0Il1 Exhibit doc Page 2 of 2 pages City of Pueblo Exhibit B Historic Structure Assessment Project #2013 -HA -010 PROJECT BUDGET TASK AMOUNT A. Condition Assessment — Architectural Services 1. Research and Report Writing $2,000 2. Structure Condition Assessment $4,600 3. Analysis and Compliance $1,000 4. Conditions, Treatments, and Preservation Plan $1,500 5. Photographic and Graphic Documentation $500 6. Reimbursable Expenses $400 B. Condition Assessment — Engineering Services 1. Structural Engineering Condition Assessment $3,000 PROJECT TOTAL $13,000 Grant Award (100 %) $13,000 Cash Match (0 %) $0 * Travel must be within SHF /State allowable rates ($.50 /mile — mileage, $100 /night — Hotel, $46 /day — Per Diem) 1 I: \Contracts\ 2013\ 1311.11)10 Exhibit B.doc Page 1 of 1 pages City of Pueblo Exhibit C Historic Structure Assessment Project #2013 -HA -010 LIST OF SUBMITTALS Project Reports Project Reports Due Date Society Response a. Payment Request Form (Attachment 1). N/A Advance payment of grant Deliverables #1 -3 below must be reviewed and award $5,200. approved before Advance payment is made. b. Payment Request Form (Attachment 1). September 15, 2013 * Review & Approve. Deliverable #4 below must be reviewed and Interim payment of grant approved before Interim payment is made. award $6,500. c. Final Financial Report (Attachment 1) September 15, 2014 ** Review & Approve. Final Reimbursement of grant award $1,300. ** * Please submit Interim payment request form when majority of advance has been expended and you are ready for the next payment. This date is only a guideline. ** Project period ends November 15. 2014. All Deliverables due on or before this date. PROJECT DELIVERABLES Submit the following Project Deliverables. Deliverables #1 -3 below must be reviewed and approved by SHF staff before project can start. Project Deliverables Society Response 1. Consultant(s) resume Review /Comment and or Approve 2. Subcontract Certification(s) Review /Comment and or Approve 3. On site consultation between a Colorado licensed Architect & the SHF Historic Preservation Specialist Review /Comment and or Approve 4. Draft Historic Structure Assessment Review /Comment and or Approve 5. Two (2) copies of Final Historic Structure Assessment Review /Comment and or Approve I C \Contracts \21113 \131 IAIIII) Exhibit C.doc Page 1 of 1 pages STATE H IISTORICAL. FUND PAYMENT REQUEST AND FINANCIAL REPORT FORM A) General Information: Project # Project Title: Grant Recipient: Grant Recipient Contact: Instructions: Use this form to request a payment and report expenses for your project. Indicate the payment you are requesting by checking the box below. The Financial Report (Section C) is not required to be completed when you are requesting an Advance Payment. Report payments (including your cash match) made to subcontractors and individuals for work on the project since your last payment request. Add Financial Report Totals at the bottom of the form. Include a completed Certification of Expenditures form when submitting all financial reports. B) Payment Request: Check Only One Box EAdvance Payment ❑ 1" Interim Payment 02 "d Interim Payment (Irpp /irab /e) ❑Final Payment ['Easement Payment Guidelines: Work must begin within 2 weeks of receipt of an Advance Payment. Previously advanced funds must be substantially expended prior to receiving an Interim Payment. Final payment is a reimbursement ONLY. Please refer to Exhibit C of your contract for payment amounts and deliverables due before submitting a payment request. Contingency funds will be added to payments based on prior approval. Include a copy of the Easement Fee invoice when requesting an Easement Payment. C) Financial Report: Award Amount $ Award Ratio Grant Funds: % / Cash Match: PAYEE NAI\IE BUDGETED TASK DATE PAID WARRANT or AMOUNT PAID as listed in Exhibit B of Contract CHECK # I hereby certify that all expenses reported above have been PAID and that all 1" Interim Financial Report Total of the information is correct and that any false or misrepresented information 2 "d Interim Financial Report Total may require immediate repayment of any or all funds. Final Financial Report Total' Project Total D) Additional Information: Estimate: Project is 0/0 Complete Interest Earned: $ ❑ Certification of Expenditures Form (COE) form included DO NOT WRITE IN THIS AREA E) Signature: Reviewed Approved for Payment Grant Recipient /Project Director Signature Date 11: Manuals \Contracts Manuals \Most Current Grant Packet Information \ .eft Side \Pav Request and Financial Report Form - Rev 115- 30- 21)l2.doc