HomeMy WebLinkAbout08643ORDINANCE NO. 8643
AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE STATE OF COLORADO, THE DEPARTMENT OF
HIGHER EDUCATION, HISTORY COLORADO, THE
COLORADO HISTORICAL SOCIETY, ESTABLISHING THE
COLUMBUS STATUE MONUMENT RESTORATION
PROJECT NO. PL1309, ACCEPTING FUNDS IN THE
AMOUNTS $7,920 FROM THE COLORADO HISTORICAL
SOCIETY AND $5,280 FROM THE ORDER OF THE SONS
OF ITALY, BUDGETING AND APPROPRIATING FUNDS IN
THE AMOUNT OF $13,200 FOR SAID PROJECT, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, the State of Colorado, Department of Higher Education, History
Colorado, the Colorado Historical Society, has offered funds through Contract 2014-M1-
009; and
WHEREAS, the Order of the Sons of Italy Southern Colorado Lodge #2738 has
pledged the $5,280 cash match amount; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract between the City of Pueblo, a Municipal Corporation, and the State
of Colorado, for the use and benefit of the Department of Higher Education, History
Colorado, the Colorado Historical Society, Contract 2014-M1-009 (hereinafter referred
to as the “Contract”), a copy of which is attached, having been approved as to form by
the City Attorney, is hereby approved.
SECTION 2.
Funds in the amount of $7,920 are hereby accepted from the State of Colorado,
the Department of Higher Education, History Colorado, the Colorado Historical Society.
Funds in the amount of $5,280 are pledged to the City by the Order of the Sons of Italy
Southern Colorado Lodge #2738 as local matching funds for said Project.
SECTION 3.
The Columbus Statue Monument Restoration, Project PL1309, is hereby
established and funds in the amount of $13,200 are hereby budgeted and appropriated
for said Project.
SECTION 4.
The President of the City Council is authorized to execute and deliver the
Contract in the name of the City and the City Clerk is directed to affix the seal of the City
thereto.
SECTION 5.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of the Ordinance and the attached contract to
effectuate the transaction described therein.
SECTION 6.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: September 23, 2013
BY: Chris Kaufman
PASSED AND APPROVED: October 15, 2013
Background Paper for Proposed
ORDINANCE
DATE: SEPTEMBER 23, 2013 AGENDA ITEM # R-6
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JULIE ANN WOODS, AICP/ASLA, DIRECTOR
TITLE
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, THE
DEPARTMENT OF HIGHER EDUCATION, HISTORY COLORADO, THE COLORADO
HISTORICAL SOCIETY, ESTABLISHING THE COLUMBUS STATUE MONUMENT
RESTORATION PROJECT NO. PL1309, ACCEPTING FUNDS IN THE AMOUNTS
$7,920 FROM THE COLORADO HISTORICAL SOCIETY AND $5,280 FROM THE
ORDER OF THE SONS OF ITALY, BUDGETING AND APPROPRIATING FUNDS IN
THE AMOUNT OF $13,200 FOR SAID PROJECT, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council establish Capital Project PL1309, budget and appropriate $13,200
for the Columbus Monument Restoration Project, and approve a contract with the State
of Colorado, Department of Higher Education, History Colorado, the Colorado Historical
Society?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
The Pueblo Christopher Columbus Monument was erected in 1903 to honor the
contributions of all immigrants and placed on the National Register of Historic Places in
2011. The original dedication ceremony was attended by Mayor Speer of Denver and
invocations were read in three languages. The monument is now a central part of the
annual Columbus Day celebrations and the area has been adopted by the Sons of Italy
Lodge #2738. The monument is now 110 years old and is in need of cleaning and
masonry repair.
FINANCIAL IMPACT
History Colorado, the Colorado Historical Society, has awarded the City a grant for
$7,920. The remaining $5,280 local match will be donated to the City by the Order of
the Sons of Italy, making a project budget total of $13,200. Funds in the amount of
$13,200 will be budgeted and appropriated in Capital Project PL1309.
Form (R 5/98)
HOment or Agency ar% , ,-�
History Colorado, the Colorado I Iistorical Society
D e artment or t1 en c Nurnbex
GCA
_Outingf rl
APPROVED WAIVER FORM #37 -D
CONTRACT #2014 -M1 -009
TI IIS CONTRACT, Made this day of 0 �' 72.43 G , by and between the State of Colorado
for the use and benefit of the Department of Higher Education, History Colorado, the Colorado I- Iistorical Society, 1200 Broadway, Denver,
Colorado 80203, hereinafter referred to as the State and /or History Colorado, and the City of Pueblo, 200 South Main Street, PO Box 1427,
Pueblo, CO 81002, 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
1d I'N) i 01 in Fund Number 401, Appropriation Account 401 and Organization SI IFG; and
\X/I- IEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS, Article 1247.1 -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 1 Iistorical Fund; and
WI IEREAS, the Contractor is eligible in accordance with law to receive a State I 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 TI IEREFORE, it is hereby agreed that:
1. The Contractor shall use funds subject to this Contract in support of Project #2014 -M1 -009 "Monument Restoration ". In
accordance with the Scope of IVork 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 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 I 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 Historical Fund purposes.
4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from November 1, 2013 through November 1,
2015.
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 FIistorical 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 METFIOD 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 seven thousand nine hundred twenty dollars ($7,920.00).
Unless otherwise specified in Exhibit C, the State shall advance forty- percent (40 0 /o) 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 Regaest
Form (Attachments 1 and 2). Al] 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 S1IF 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 m 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. TIIE CONTRACTOR SHALL HAVE NO AUTHORITY, EXPRESS OR IMPLIED, TO BIND THE STATE TO
ANY AGREEMENTS OR UNDERSTANDINGS WI'PI-IOUT THE EXPRESS WRITTEN CONSENT OF THE STATE.
CONTRACTOR REPRESENTS T1-TAT IT HAS OR SI -IALL SECURE AT IT'S OWN EXPENSE ALL PERSONNEL BY
THE CONTRACTOR UNDER TI -ITS 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 TI -TAT ALL
SUBCONTRACTORS MAINTAIN SUCH INSURANCE. THE CONTRACTOR SHALL PAY WI -IEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX' WITHHOLDING. ALL OF THE SERVICES REQUIRED
HEREUNDER SHALL BE PERFORMED BY THE CONTRACTOR OR UNDER Its SUPERVISION.
9. REPRESENTATIVES AND NOTICES: All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below, who are also the designated representatives for the project.
Any party may from time to time designate in writing substitute addresses or persons to whom such notices shall be sent.
To the State: Steve W. Turner
Vice President OAE-IP and S1-IF /Deputy SI -IPO
History Colorado, the Colorado Historical Society
1200 Broadway,
Denver, Colorado 80203
To the Contractor: Mr. \Vadc Broadhead
Planner
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 ARCFIAEOLOGICAL 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
(Iistory 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 (Iistory
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 ih the List of
Submittals (Exhibit C).
13. MATCHING FUNDS: Contractor agrees to make available the necessary funds to complete the Project and provide matching
funds, if applicable, in accordance with the Project Budget as set forth in Exhibit B. In the event that said matching funds
become unavailable, the State may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the
reduction in matching funds.
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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 1Iistorical Fund grant from
I Iistory Colorado, the Colorado I- Iistorical 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 I- Iistory 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 SFIF 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, FIistory
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
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
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previously made. Provided, however, that if less than sixty percent (60 %) of the project covered by this Contract has been
completed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment)
for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor
during the Contract period which are directly attributable to the uncompleted portion of the project covered by this Contract. If
. this Contract is terminated due to the fault of the Contractor, Paragraph 18 hereof relative to termination shall apply.
20. CHANGES: This Contract is intended as the complete integration of all understandings between the parties, at this time, and no
prior or contemporaneous addition, deletion, or other amendment hereto, including an increase or decrease in the amount of
monies to be paid to the Contractor, shall have any force or effect whatsoever, unless embodied in a written contract
amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this
provision, modifications to Exhibit A (Scope of Work) and /or to Exhibit C (List of Submittals) may be approved by letter of
agreement, agreed to in writing by all parties, providing that no such letter of agreement may alter either the total amount of
funds payable under the contract, as set forth in Paragraph 5, or the contract period, as set forth in Paragraph 4, unless such
changes are embodied in a written contract amendment executed and approved pursuant to the State's Fiscal Rules.
21. CONFLICT OF INTEREST: Contractor agrees not to engage in any conduct, activity, or transaction related to this
contract which would constitute a conflict of interest under any applicable State or Federal law.
22. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract, the Contractor shall
strictly adhere to all applicable Federal and State laws that have been or may hereafter be established.
23. SEVERABILITA': 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.
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, are 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
$100,000 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 the 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 be systematically
recorded in the 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 performance 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 future grants. Grantee may contest the final Evaluation, Review and rating by: (a) filing rebuttal
statements, which may result in either 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.
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The Special Provisions apply 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(53).
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 bernefits 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 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 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 arrcarages; (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 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- 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 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 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^a Revision March 10, 2009
Page 5 of 6
•
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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) John W. H' looper, GOVERNOR
Ci of Pueblo a, kt4e
Legal ► : - o o , g ntity BY:
4111111111V Exec ve Director or Designee
Edward C. Nichols, President
`- ignature of Authorized Officer History Colorado, the o1o Historical Society
Date: / d //0
1 - 15 - 13
Date Department of Higher Education
STATE HISTORICAL FUND
$ +e.,oh ¢.�n �- -1. N cw) ro ck
Print Name of Authorized Officer o
BY: p0 11 """ ati. A1 11441 9
Director o les.' ee
p r /� Steve W. urne Vice President OAIIP & SI SI IPO
Print Title of Authorized facer Date: fizett
I
WAIVER CONTRACT EVIEWER
ATTEST: - - - -- amok
Gin. Dutcher, City Clerk _
BV: Le
Contracts Officer or Designee /
Susan Frawley, State Historical Fund
Date: ft t ati r S
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
Robert Jaros, CPA BA, JD
BY: .
Joseph Bell `
CHS, Vice President Finance, Facilities & Regional
Museums / Date : Revised May 1, 2013
\ \chs -db \gifts\ Document \30152619.doc
Approval /Contract D
Page 6 of 6
City of Pueblo Exhibit A
Monument Restoration
Project #2014 -M1 -009
SCOPE OF WORK
I. Project Purpose: The purpose of this project is to restore the Pueblo Christopher Columbus
Monument — Christopher Columbus Memorial — Columbus Statue in Pueblo, Colorado.
II. Scope of Work is as follows:
A. Restoration Construction Activities
1. Mobilize and demobilize
2. Clean Bust
3. Clean Monument
4. Repair Stone
5. Repoint Stone
6. Remove paint and repaint "Coat of Arms"
7. Apply water repellant to protect finished work
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.
I I:A Contracts \2014 \14M1009 Exhibit A.docx
.
City of Pueblo Exhibit B
Monument Restoration
Project #2014 -M1 -009
PROJECT BUDGET
TASK AMOUNT
A. Restoration Construction Activities
1. Mobilize and demobilize $2,400
2. Clean Bust $300
3. Clean Monument $850
4. Repair Stone $800
5. Repoint Stone $2,500
6. Apply Water Repellant $1,200
7. Remove Paint and Repaint "Coat of Arms" $3,950
Project Subtotal * $12,000
Contingency $ $1,200
PROJECT TOTAL $13,200
Grant Request (60 %) $7,920
Cash Match (40 %) $5,280
* Grant payments will be based off Project Subtotal amount. Total payments will be Grant Award percentage of
Project Subtotal up to a maximum of the Grant Award Amount.
$ Contingency - Must receive written approval from SHF Staff prior to use
Travel must be within SHF /State allowable rates ($.51 /mile — mileage, $100 /night — Hotel, $46 /day — Per Diem)
II: \ Contracts \2014 \14M1009 Exhibit B.docx
Page 1 of 1 page
3 11
L ,
City of Pueblo Exhibit C
Monument Restoration
Project #2014 -M1 -009
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 $2,160.
approved before Advance payment is made.
b. Progress Report # 1 January 1, 2014 Review*
c. Progress Report # 2 March 1, 2014 Review*
d. Progress Report # 3 May 1, 2014 Review*
e. 1st Interim Financial Report (Attachment 1). June 15, 2014 ** Review & Approve.
Deliverables #4 - 8 below must be reviewed and 1st Interim payment of
approved before 1st Interim payment is made. grant award $2,160. t
f. Progress Report # 4 July 1, 2014 Review*
g. Progress Report # 5 September 1, 2014 Review*
h. Progress Report # 6 November 1, 2014 Review*
i. Progress Report # 7 January 1, 2015 Review*
j. 2 ^d Interim Financial Report (Attachment 1). January 15, 2015 ** Review & Approve.
Deliverables # 9 — 11 below must be reviewed and 2 Interim payment of
approved before 20d Interim payment is made. grant award $2,160. t
k. Progress Report # 8 March 1, 2015 Review*
1. Progress Report # 9 May 1, 2015 Review*
m. Progress Report # 10 July 1, 2015 Review*
n. Progress Report # 11 September 1, 2015 Review*
o. Final Financial Report (Attachment 1) September 15, 2015 * ** Review & Approve.
Final payment of grant
award $720. t
*At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim financial report due date is a guideline. Please submit Interim financial report when 40% or more of
advance has been expended and you are ready for the next payment.
***Final Payment is a reimbursement ONLY after all contractors have been paid.
Project period ends on November 1. 2015. All deliverables due on or before this date.
tPayment may increase due to approval of contingency funds
Page 1 of 2
City of Pueblo Exhibit C
Monument Restoration
Project #2014 -M1 -009
PROJECT DELIVERABLES
Submit the following Project Deliverables. Deliverables # 1 - 11 are due prior to the commencement of
treatments (construction):
Project Deliverables Society Response
1. Consultant Resume: Mason Review /Comment and or Approve
2. Subcontract, Certification: Mason Review /Comment and or Approve
3. Initial Consultation with SHF Historic Preservation Specialist Review /Comment and or Approve
4. Historical photographs /documentation of areas to be treated Review /Comment and or Approve
5. Before /existing condition photographs of all areas to be treated Review /Comment and or Approve
6. Materials Testing Analysis and Results — Mortar Review /Comment and or Approve
7. Materials Testing Analysis and Results — Paint Review /Comment and or Approve
8. Construction documents /Plans and specifications Review /Comment and or Approve
9. Mock up of Pointing Review /Comment and or Approve
10. Mock up of Stone Repair Review /Comment and or Approve
11. Pre - construction meeting with SHF Historic Preservation Specialist Review /Comment and or Approve
12. Copies of change orders, if necessary Review /Comment and or Approve
13. Interim meeting with SHF Historic Preservation Specialist, if needed Review /Comment and or Approve
14. After photographs of all areas affected by Scope of Work Review /Comment and or Approve
15. End of Project Report Review /Comment and or Approve
H:A Contracts \2014 \14\11009 Exhibit C.docx
Page 2 of 2