HomeMy WebLinkAbout08731ORDINANCE NO. 8731
AN ORDINANCE ESTABLISHING PROJECT NUMBER
PL1403, BUDGETING AND APPROPRIATING FUNDS IN
THE AMOUNT OF $2,345 RELATED TO THE 2014 NAPC
FORUM PROJECT, APPROVING A GRANT AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE OF COLORADO,
STATE HISTORICAL SOCIETY, HISTORY COLORADO
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, Certified Local Government grant program, to fund the 2014 NAPC Forum
Project to send one staff member and one preservation commissioner to Philadelphia,
PA from July 16-20, 2014 for a historic preservation training conference, subject to the
execution of an Agreement; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement and attachments between the City of Pueblo, a Municipal
Corporation, and the State of Colorado for the use and benefit of the State Historical
Society, History Colorado relating to the 2014 NAPC Forum, copies of which are
attached hereto and incorporated herein, having been approved as to form the City
Attorney, are hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute and deliver said
Agreement, in the name of and 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 $2,345 are hereby budgeted and appropriated for the
2014 NAPC Forum Project Number PL1403.
SECTION 4.
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 Agreement to effectuate the
policies and procedures described therein.
SECTION 5.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: _ April 14, 2014
BY: Ami Nawrocki
COUNCILPERSON
PASSED AND APPROVED: April 28, 2014
City Clerk’s Office Item # R-5
REGULAR MEETING AGENDA ITEM
COUNCIL MEETING DATE:
April 14, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier – Director of Planning and Community Development
SUBJECT:AN ORDINANCE ESTABLISHING PROJECT NUMBER PL1403,
BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF
$2,345 RELATED TO THE 2014 NAPC FORUM PROJECT, APPROVING
A GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE STATE OF COLORADO,
STATE HISTORICAL SOCIETY, HISTORY COLORADO FOR SAID
PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL
TO EXECUTE SAME
SUMMARY:
The City of Pueblo was awarded a Certified Local Government grant (CLG) from the
State of Colorado, State Historical Society, “History Colorado” in the amount of $2,345
to send one staff member and one Historic Preservation Commissioner to the National
Alliance of Preservation Commission’s (NAPC) Forum conference in Philadelphia,
Pennsylvania on July 16-20, 2014.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Forum is the premiere training and education conference for local government
commissioners and staff. City Staff serves on the board of the NAPC and will be
making presentations along with staff from the National Park Service and will be
representing Pueblo’s accomplishments to a national audience. CLG guidelines require
preservation commissioners and staff to attend training every year; this event fulfills
those training requirements.
FINANCIAL IMPLICATIONS:
There is no cash match for the grant and the funds will be fully reimbursed after final
grant reporting in September 2014. There will be no additional spending from the City to
augment the grant and any additional costs will be absorbed by the commissioner or
staff.
BOARD/COMMISSION RECOMMENDATION:
The Historic Preservation Commission was briefed and supported the submittal of the
grant.
STAKEHOLDER PROCESS:
The nonprofit arm of the Historic Preservation Commission, Historic Pueblo Inc., wrote a
letter of support for the grant application.
ALTERNATIVES:
The staff and commissioner would not attend the conference and the City would refuse
the grant.
RECOMMENDATION:
Approve the Ordinance.
PROPOSED MOTION:
This Ordinance will be placed on the April 14, 2014 Consent Agenda for First
Presentation and on the April 28, 2014 Regular Agenda for Final Presentation and
Public Hearing.
Attachments: Grant Agreement
RECEIVED
MAY 02 2014
HC /DAMP
STATE OF COLORADO
State Historical Society
Grant Agreement
with
City of Pueblo
State Model Date: 4/2/2009
TABLE OF CONTENTS
1. PARTIES 2
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ... 2
3. RECITALS 2
4. DEFINITIONS 2
5. TERM and EARLY TERMINATION 4
6. STATEMENT OF WORK ..4
7. PAYMENTS TO GRANTEE 5
8. REPORTING — NOTIFICATION 6
9. GRANTEE RECORDS 6
10. CONFIDENTIAL INFORMATION -STATE RECORDS 7
11. CONFLICTS OF INTEREST 8
12. REPRESENTATIONS AND WARRANTIES .8
13. INSURANCE 9
14. BREACH .10
15. REMEDIES .11
16. NOTICES and REPRESENTATIVES 13
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 14
18. GOVERNMENTAL IMMUNITY ..14
19. STATEWIDE GRANT MANAGEMENT SYSTEM 14
20. GENERAL PROVISIONS ..15
21. FEDERAL ACKNOWLEDGEMENTS 17
22. COLORADO SPECIAL PROVISIONS 17
23. SIGNATURE PAGE 21
24. EXHIBIT A SCOPE OF WORK .22
25. EXHIBIT B BUDGET 28
26. EXHIBIT C LIST OF SUBMITTALS 29
Page 1 of 29
1. PARTIES
This Grant Agreement (hereinafter called "Grant ") is entered into by and between CITY
OF PUEBLO (hereinafter called "Grantee ") which has been certified as a Certified Local
Government (hereinafter called "CLG) by the National Park Service, and the STATE OF
COLORADO acting by and through the State Historical Society also known as History
Colorado (hereinafter called "HC ").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or designee (hereinafter called the "Effective Date "). The State
shall not be liable to pay or reimburse Grantee for any performance hereunder, including,
but not limited to costs or expenses incurred, or be bound by any provision hereof prior to
the Effective Date.
3. RECITALS
A. Authority, Appropriation, And Approval
Authority to enter into this Grant exists in under the State Constitution article XVIII,
§9(5) (b) (III), and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance there of remains available for
encumbering and subsequent payment of this Agreement under Encumbrance Fund
Number 100, Appropriation Account 046, and Organization HP 14. Required
approvals, clearance and coordination have been accomplished from and with
appropriate agencies including the National Park Service that provides funding for
this Grant.
B. Bid Exemption
This Grant is exempt from the competitive bid requirements of the State's
Procurement Rules. An award of funds to complete the program or project
described in Exhibit A has been approved by HC.
C. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein
and other good and valuable consideration are sufficient and adequate to support this
Grant.
D. Purpose
HC is providing funds to Grantee for the latter to use for a CLG grant project as
described in Exhibit A that has been determined by HC to meet the criteria for
CLG grant projects in Colorado.
E. References
All references in this Grant to sections (whether spelled out or using the § symbol),
subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Budget
"Budget" means the budget for the Work described in Exhibit B.
B. Deliverables
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A "Deliverable" means a producible item or items to be delivered to HC which help
ensure completion of the project.
C. Evaluation
"Evaluation" means the process of examining Grantee's Work and rating it based on
criteria established in §6 and Exhibit A.
D. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A
(Scope of Work including Interim Status Report, Interim Financial Report, and Final
Project Report); Exhibit B (Budget); and Exhibit C (List of Submittals).
E. Goods
"Goods" means tangible material acquired, produced, or delivered by Grantee either
separately or in conjunction with the Services Grantee renders hereunder.
F. Grant
"Grant" means this Grant, its terms and conditions, attached exhibits, documents
incorporated by reference under the terms of this Grant, and any future modifying
agreements, exhibits, attachments or references incorporated herein pursuant to
Colorado State law, Fiscal Rules, and State Controller Policies.
G. Grant Funds
"Grant Funds" means available funds payable by HC to Grantee pursuant to this
Grant.
H. Party or Parties
"Party" means HC or Grantee and "Parties" means both HC and Grantee.
I. Project
"Project" means the tasks necessary to perform the Grant requirements set forth in
Exhibit A.
J. References
All references here in to sections (whether spelled out or using the § symbol),
subsections, or to exhibits or other attachments are to those contained in or part of
this Grant unless specifically otherwise denoted.
K. Review
"Review" means examining Grantee's Work to ensure that it is adequate, accurate,
correct and in accordance with the criteria established in §6 and Exhibits A, B, and
C.
L. Services
"Services" means the required services to be performed by Grantee pursuant to this
Grant.
M. Sub - grantee
"Sub- grantee" means third - parties, if any, engaged by Grantee to aid in performance
of its obligations.
N. Work
"Work" means the tasks and activities Grantee is required to perform to fulfill its
obligations under this Grant and Exhibits A, B, and C, including the performance of
the Services and delivery of the Goods.
0. Work Product
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"Work Product" means the tangible or intangible results of Grantee's Work,
including, but not limited to, software, research, reports, studies, data, photographs,
negatives or other finished or unfinished documents, drawings, models, surveys,
maps, materials, or work product of any type, including drafts.
5. TERM and EARLY TERMINATION.
A. Initial Term -Work Commencement
The Parties respective performances under this Grant shall commence on the later of
either the Effective Date or March 1, 2014. This Grant shall terminate on September
30, 2014 unless sooner terminated or further extended as specified elsewhere herein.
B. Two Month Extension
HC, at its sole discretion upon written notice to Grantee as provided in §16, may
unilaterally extend the term of this Grant for a period not to exceed two months if the
Parties are negotiating a replacement Grant (and not merely seeking a term
extension) at or near the end of any initial term or any extension thereof. The
provisions of this Grant in effect when such notice is given, including, but not
limited to prices, rates, and delivery requirements, shall remain in effect during the
two month extension. The two -month extension shall immediately terminate when
and if a replacement Grant is approved and signed by the Colorado State Controller.
C. Early Termination
This Grant is subject to early termination in accordance with the general remedies
provisions in §15 and as specifically provided for herein.
6. STATEMENT OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in
Exhibits A, B, and C on or before September 30, 2014. The State shall not be liable
to compensate Grantee for any Work performed prior to the Effective Date or after
the termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such
procurement shall be accomplished using the Grant Funds and shall not increase the
maximum amount payable hereunder by HC.
C. Employees
All persons employed by Grantee or Sub - grantees shall be considered Grantee's or
Sub - grantees' employee(s) for all purposes hereunder and shall not be employees of
the State for any purpose as a result of this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following
amounts and using the methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by HC is $2,345.00, as
determined by HC from available funds. Grantee agrees to provide any additional
funds required for the successful completion of the Work. Payments to Grantee are
limited to the unpaid obligated balance of the Grant as set forth in Exhibit C.
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Payments to Grantee are limited to the unpaid obligated balance of the Grant as set
forth in Exhibit C.
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit C shall comply
with State Fiscal Rules and be made in accordance with the provisions of this
Grant or such Exhibit. Grantee shall initiate any payment requests by submitting
invoices to HC in the form and manner set forth in approved by HC.
ii. Interest
HC shall fully pay each invoice within 45 days of receipt thereof if the amount
invoiced represents performance by Grantee previously accepted by HC.
Uncontested amounts not paid by HC within 45 days may, if Grantee so
requests, bear interest on the unpaid balance beginning on the 46th day at a rate
not to exceed one percent per month until paid in full; provided, however, that
interest shall not accrue on unpaid amounts that are subject to a good faith
dispute. Grantee shall invoice HC separately for accrued interest on delinquent
amounts. The billing shall reference the delinquent payment, the number of
day's interest to be paid and the interest rate.
iii. Available Funds- Contingency- Termination
HC is prohibited by law from making fiscal commitments beyond the term of
the HC's current fiscal year. Therefore, Grantee's compensation is contingent
upon the continuing availability of State appropriations as provided in the
Colorado Special Provisions, set forth below. If federal funds are used with this
Grant in whole or in part, HC's performance hereunder is contingent upon the
continuing availability of such funds. Payments pursuant to this Grant shall be
made only from available funds encumbered for this Grant and HC's liability for
such payments shall be limited to the amount remaining of such encumbered
funds. If State or federal funds are not appropriated, or otherwise become
unavailable to fund this Grant, HC may immediately terminate this Grant in
whole or in part without further liability in accordance with the provisions
herein.
iv. Erroneous Payments
At HC's sole discretion, payments made to Grantee in error for any reason,
including, but not limited to overpayments or improper payments, and
unexpended or excess funds received by Grantee, may be recovered from
Grantee by deduction from subsequent payments under this Grant or other
Grants, grants or agreements between the State and Grantee or by other
appropriate methods and collected as a debt due to the State. Such funds shall
not be paid to any party other than the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and /or in Exhibit
B -1. Grantee may adjust budgeted expenditure amounts up to 10% within each line
item of said Budget without approval of HC. Adjustments in excess of 10% shall be
authorized by HC in an amendment to this Grant. HC's total consideration shall not
exceed the maximum amount shown herein.
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D. Matching Funds
Any matching funds provided by Grantee are set forth in Exhibit B. Grantee shall
have raised the full amount of matching funds prior to the Effective Date and shall
report to HC's regarding the status of such funds upon request.
8. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the
procedures of and in such form as prescribed by HC's and in accordance with §19, if
applicable.
A. Performance, Progress, Personnel, and Funds
Grantee shall deliver interim progress reports documenting the progress of the
Project to HC during the term of this Agreement using HC interim project status and
interim financial reports forms, and Grantee shall also deliver to HC at the end of the
project a Final Project Report, all part of Exhibit A, pursuant to the schedule set
forth in Exhibit C.
B. Litigation Reporting
Within 30 days after being served with any pleading in a legal action filed with a
court or administrative agency, related to this Grant or which may affect Grantee's
ability to perform its obligations hereunder, Grantee shall notify HC of such action
and deliver copies of such pleadings to HC's principal representative as identified
herein. If HC's principal representative is not then serving, such notice and copies
shall be delivered to the President of History Colorado.
C. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in
accordance with this §8 may result in the delay of payment of funds and /or
termination as provided under this Grant.
D. SubGrants
Copies of any and all subGrants entered into by Grantee to perform its obligations
hereunder shall be submitted to the State or its principal representative upon request
by the State. Any and all subGrants entered into by Grantee related to its
performance hereunder shall comply with all applicable federal and state laws and
shall provide that such subGrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following
records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by HC a
complete file of all records, documents, communications, notes and other written
materials, electronic media files, and communications, pertaining in any manner to
the Work or the delivery of Services (including, but not limited to the operation of
programs) or Goods hereunder. Grantee shall maintain such records (the Record
Retention Period) until the last to occur of the following: (i) a period of three years
after the date this Grant is completed or terminated, or (ii) final payment is made
hereunder, whichever is later, or (iii) for such further period as may be necessary to
resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received
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notice that an audit is pending, then until such audit has been completed and its
findings have been resolved (the "Record Retention Period ").
B. Inspection
Grantee shall permit HC, the federal government and any other duly authorized agent
of a governmental agency to audit, inspect, examine, excerpt, copy and /or transcribe
Grantee's records related to this Grant during the Record Retention Period for a
period of three years following termination of this Grant or final payment hereunder,
whichever is later, to assure compliance with the terms hereof or to evaluate
Grantee's performance hereunder. The State reserves the right to inspect the Work at
all reasonable times and places during the term of this Grant, including any
extension. If the Work fails to conform to the requirements of this Grant, HC may
require Grantee promptly to bring the Work into conformity with Grant
requirements, at Grantee's sole expense. If the Work cannot be brought into
conformance by re- performance or other corrective measures, the State may require
Grantee to take necessary action to ensure that future performance conforms to Grant
requirements and exercise the remedies available under this Grant, at law or inequity
in lieu of or in conjunction with such corrective measures.
C. Monitoring
Grantee shall permit HC, the federal government, and other governmental agencies
having jurisdiction, in their sole discretion, to monitor all activities conducted by
Grantee pursuant to the terms of this Grant using any reasonable procedure,
including, but not limited to: internal evaluation procedures, examination of program
data, special analyses, on -site checking, formal audit examinations, or any other
procedures. All monitoring controlled by the State shall be performed in a manner
that shall not unduly interfere with Grantee's performance hereunder.
D. Final Audit Report
If an audit is performed on Grantee's records for any fiscal year covering a portion of
the term of this Grant, Grantee shall submit a copy of the final audit report to HC or
its principal representative at the address specified herein.
10. CONFIDENTIAL INFORMATION - STATE RECORDS
As provided by law, Grantee shall comply with the provisions on this §10 if it becomes
privy to confidential information in connection with its performance hereunder.
Confidential information, includes, but is not necessarily limited to, state records,
personnel records, and information concerning individuals.
A. Confidentiality
As provided by law, Grantee shall keep all State records and information confidential
at all times and to comply with all laws and regulations concerning confidentiality of
information. Any request or demand by a third party for State records and
information in the possession of Grantee shall be immediately forwarded to the
State's principal representative.
B. Notification
Grantee shall notify its agent, employees, Sub - grantees, and assigns who may come
into contact with State records and confidential information that each is subject to the
confidentiality requirements set forth herein, and shall provide each with a written
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explanation of such requirements before they are permitted to access such records
and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third
party or used by Grantee or its agents in any way, except as authorized by this Grant
or approved in writing by the State. Grantee shall provide and maintain a secure
environment that ensures confidentiality of all State records and other confidential
information wherever located. Confidential information shall not be retained in any
files or otherwise by Grantee or its agents, except as permitted in this Grant or
approved in writing by the State.
D. Disclosure - Liability
Disclosure of State records or other confidential information by Grantee for any
reason may be cause for legal action by third parties against Grantee, the State or
their respective agents.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or personal activities or practices or maintain
any relationships which conflict in any way with the full performance of Grantee's
obligations hereunder. Grantee acknowledges that with respect to this Grant, even the
appearance of a conflict of interest is harmful to the HC's interests. Absent HC's prior
written approval, Grantee shall refrain from any practices, activities or relationships that
reasonably appear to be in conflict with the full performance of Grantee's obligations to
CHS hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a
conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State
a disclosure statement setting forth the relevant details for the State's consideration.
Failure to promptly submit a disclosure statement or to follow the State's direction in
regard to the apparent conflict constitutes a breach of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each of which was
relied on by HC in entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest
standards of care, skill and diligence in the industry, trades or profession and in the
sequence and manner set forth in this Grant.
B. Legal Authority — Grantee and Grantees Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that
it has taken all actions required by its procedures, by -laws, and /or applicable laws to
exercise that authority, and to lawfully authorize its undersigned signatory to execute
this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the
State, Grantee shall provide the State with proof of Grantee's authority to enter into
this Grant within 15 days of receiving such request.
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all
times during the term hereof it shall have, at its sole expense, all licenses,
certifications, approvals, insurance, permits, and other authorization required by law
to perform its obligations hereunder. Grantee warrants that it shall maintain all
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necessary licenses, certifications, approvals, insurance, permits, and other
authorizations required to properly perform this Grant, without reimbursement by the
State or other adjustment in Grant Funds. Additionally, all employees and agents of
Grantee performing Services under this Grant shall hold all required licenses or
certifications, if any, to perform their responsibilities. Grantee, if a foreign
corporation or other foreign entity transacting business in the State of Colorado,
further warrants that it currently has obtained and shall maintain any applicable
certificate of authority to transact business in the State of Colorado and has
designated a registered agent in Colorado to accept service of process. Any
revocation, withdrawal or non - renewal of licenses, certifications, approvals,
insurance, permits or any such similar requirements necessary for Grantee to
properly perform the terms of this Grant shall be deemed to be a material breach by
Grantee and constitute grounds for termination of this Grant.
13. INSURANCE
Grantee and its Sub - grantees shall obtain and maintain insurance as specified in this
section at all times during the term of this Grant: All policies evidencing the insurance
coverage required hereunder shall be issued by insurance companies satisfactory to
Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, CRS §24 -10 -101, et seq., as amended (the "GIA "), then Grantee
shall maintain at all times during the term of this Grant such liability insurance,
by commercial policy or self - insurance, as is necessary to meet its liabilities
under the GIA Grantee shall show proof of such insurance satisfactory to the
State, if requested by the State. Grantee shall require each Grant with Sub -
grantees that are public entities, providing Goods or Services hereunder, to
include the insurance requirements necessary to meet Sub - grantee's liabilities
under the GIA.
ii. Non - Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall
obtain and maintain during the term of this Grant insurance coverage and
policies meeting the same requirements set forth in §13(B) with respect to sub -
Grantees that are not "public entities ".
B. Sub - Grantees
Grantee shall require each Grant with Sub - grantees, other than those that are public
entities, providing Goods or Services in connection with this Grant, to include
insurance requirements substantially similar to the following:
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's
Liability Insurance covering all of Grantee and Sub - grantee employees acting
within the course and scope of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00
01 10/93 or equivalent, covering premises operations, fire damage, independent
Grantees, products and completed operations, blanket Grantual liability,
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personal injury, and advertising liability with minimum limits as follows: (a)
$1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000
products and completed operations aggregate; and (d) $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or
paid, Sub - grantee shall immediately obtain additional insurance to restore the
full aggregate limit and furnish to Grantee a certificate or other document
satisfactory to Grantee showing compliance with this provision.
iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and
non -owned autos) with a minimum limit of $1,000,000 each accident combined
single limit.
iv. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial
General Liability and Automobile Liability Insurance policies (leases and
construction Grants require additional insured coverage for completed
operations on endorsements CG 2010 11/85, CG 2037, or equivalent).
v. Primacy of Coverage
Coverage required of Grantee and Sub - grantees shall be primary over any
insurance or self - insurance program carried by Grantee or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or
non - renewal without at least 45 days prior notice to the Grantee and the State by
certified mail.
vii. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and
maintained by Grantee or its Sub - grantees as required herein shall include
clauses stating that each carrier shall waive all rights of recovery, under
subrogation or otherwise, against Grantee or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
C. Certificates
Grantee and all Sub - grantees shall provide certificates showing insurance coverage
required hereunder to the State within seven business days of the Effective Date of
this Grant. No later than 15 days prior to the expiration date of any such coverage,
Grantee and each Sub - grantee shall deliver to the State or Grantee certificates of
insurance evidencing renewals thereof. In addition, upon request by the State at any
other time during the term of this Grant or any sub - grant, Grantee and each Sub -
grantee shall, within 10 days of such request, supply to the State evidence
satisfactory to the State of compliance with the provisions of this §13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant, the failure of
either Party to perform any of its material obligations hereunder in whole or in part
or in a timely or satisfactory manner, constitutes a breach. The institution of
proceedings under any bankruptcy, insolvency, reorganization or similar law, by or
against Grantee, or the appointment of a receiver or similar officer for Grantee or any
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of its property, which is not vacated or fully stayed within 20 days after the
institution or occurrence thereof, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved
Party to the other Party in the manner provided in §16. If such breach is not cured
within 30 days of receipt of written notice, or if a cure cannot be completed within
30 days, or if cure of the breach has not begun within 30 days and pursued with due
diligence, the State may exercise any of the remedies set forth in §15.
Notwithstanding anything to the contrary herein, the State, in its sole discretion, need
not provide advance notice or a cure period and may immediately terminate this
Grant in whole or in part if reasonably necessary to preserve public safety or to
prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant, HC shall have all of the
remedies listed in this §15 in addition to ail other remedies set forth in other sections of
this Grant following the notice and cure period set forth in §14(B). The State may
exercise any or all of the remedies available to it, in its sole discretion, concurrently or
consecutively.
A. Termination for Cause and /or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is
required to ensure its completion in accordance with the provisions of this Grant and
in a timely manner, HC may notify Grantee of such non - performance in accordance
with the provisions herein. If Grantee thereafter fails to promptly cure such non-
performance within the cure period, HC, at its option, may terminate this entire
Grant or such part of this Grant as to which there has been delay or a failure to
properly perform. Exercise by the State of this right shall not be deemed a breach of
its obligations hereunder. Grantee shall continue performance of this Grant to the
extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further
obligations or render further performance hereunder past the effective date of
such notice, and shall terminate outstanding orders and sub - Grants with third
parties. However, Grantee shall complete and deliver to HC all Work, Services
and Goods not cancelled by the termination notice and may incur obligations as
are necessary to do so within this Grant's terms. At the sole discretion of HC,
Grantee shall assign to the State all of Grantee's right, title, and interest under
such terminated orders or sub - Grants. Upon termination, Grantee shall take
timely, reasonable and necessary action to protect and preserve property in the
possession of Grantee in which HC has an interest. All materials owned by HC
in the possession of Grantee shall be immediately returned to the State. All
Work Product, at the option of HC, shall be delivered by Grantee to HC and
shall become HC's property.
ii. Payments
HC shall reimburse Grantee only for accepted performance up to the date of
termination. If, after termination by HC, it is determined that Grantee was not in
breach or that Grantee's action or inaction was excusable, such termination shall
Page 11 of 29
be treated as a termination in the public interest and the rights and obligations of
the Parties shall be the same as if this Grant had been terminated in the public
interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by HC, Grantee also shall remain
liable to HC for any damages sustained by HC by virtue of any breach under this
Grant by Grantee and the State may withhold any payment to Grantee for the
purpose of mitigating HC's damages, until such time as the exact amount of
damages due to HC from Grantee is determined. HC may withhold any amount
that may be due to Grantee as HC deems necessary to protect HC, including loss
as a result of outstanding liens or claims of former lien holders, or to reimburse
HC for the excess costs incurred in procuring similar goods or services. Grantee
shall be liable for excess costs incurred by HC in procuring from third parties
replacement Work, Services or substitute Goods as cover.
B. Early Termination in the Public Interest
HC is entering into this Grant for the purpose of carrying out the public policy of the
State of Colorado, as determined by its Governor, General Assembly, and /or Courts.
If this Grant ceases to further the public policy of the State, HC, in its sole discretion,
may terminate this Grant in whole or in part. Exercise by HC of this right shall not
constitute a breach of HC's obligations hereunder. This subsection shall not apply to
a termination of this Grant by HC for cause or breach by Grantee, which shall be
governed by §15(A) or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The
notice shall specify the effective date of the termination and whether it affects
all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply
with the same obligations and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by HC pursuant to this §15(B), Grantee shall be paid
an amount which bears the same ratio to the total reimbursement under this
Grant as the Services satisfactorily performed bear to the total Services covered
by this Grant, less payments previously made. Additionally, if this Grant is less
than 60% completed, HC may reimburse Grantee for a portion of actual out -of-
pocket expenses (not otherwise reimbursed under this Grant) incurred by
Grantee which are directly attributable to the uncompleted portion of Grantee's
obligations hereunder; provided that the sum of any and all reimbursement shall
not exceed the maximum amount payable to Grantee hereunder.
C. Remedies Not Involving Termination
HC, its sole discretion, may exercise one or more of the following remedies in
addition to other remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant
pending necessary corrective action as specified by the State without entitling
Grantee to an adjustment in price /cost or performance schedule. Grantee shall
Page 12 of 29
promptly cease performance and incurring costs in accordance with HC's
directive and HC shall not be liable for costs incurred by Grantee after the
suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in until corrections in Grantee's
performance are satisfactorily made and completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee's actions
or inactions, cannot be performed or, if performed, would be of no value to HC;
provided, that any denial of payment shall be reasonably related to the value to
HC of the obligations not performed.
iv. Removal
Demand removal of any of Grantee's employees, agents, or Sub - grantees whom
HC deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable, or whose continued relation to this Grant is deemed to be contrary
to the public interest or not in HC's best interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other
intellectual property right while performing its obligations under this Grant,
Grantee shall, at HC's option (a) obtain for HC or Grantee the right to use such
products and services; (b) replace any Goods, Services, or other product
involved with non - infringing products or modify them so that they become non -
infringing; or, (c) if neither of the foregoing alternatives are reasonably
available, remove any infringing Goods, Services, or products and refund the
price paid therefore to the State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party.
All notices required to be given hereunder shall be hand delivered with receipt required
or sent by certified or registered mail to such Party's principal representative at the
address set forth below. In addition to, but not in lieu of a hard -copy notice, notice also
may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may
from time to time designate by written notice substitute addresses or persons to whom
such notices shall be sent. Unless otherwise provided herein, all notices shall be effective
upon receipt.
A. HC:
Dan W. Corson
History Colorado
1200 Broadway
Denver, CO 80203
(303) 866 -2673
dan.corson@state.co.us
Page 13 of 29
B. Grantee:
Wade Broadhead
City of Pueblo
211 East D Street
Pueblo CO 81003
719/553 -2248
wbroadhead@pueblo.us
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or other documents,
drawings, models, materials, or Work Product of any type, including drafts, prepared by
Grantee in the performance of its obligations under this Grant shall be the exclusive
property of HC and, all Work Product shall be delivered to HC by Grantee upon
completion or termination hereof. The State's exclusive rights in such Work Product shall
include, but not be limited to, the right to copy, publish, display, transfer, and prepare
derivative works. Grantee shall not use, willingly allow, cause or permit such Work
Product to be used for any purpose other than the performance of Grantee's obligations
hereunder without the prior written consent of the State.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provisions of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as
amended. Liability for claims for injuries to persons or property arising from the
negligence of the State of Colorado, its departments, institutions, agencies, boards,
officials, and employees is controlled and limited by the provisions of the Governmental
Immunity Act and the risk management statutes, CRS §24 -30 -1501, et seq., as amended.
19. STATEWIDE GRANT 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 §19 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 Grants and inclusion of Grant 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
Page 14 of 29
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 HC, 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 a showing of good cause.
20. GENERAL PROVISIONS
A. Assignment and SubGrants
Grantee's rights and obligations hereunder are personal and may not be transferred,
assigned or sub - granted without the prior, written consent of HC. Any attempt at
assignment, transfer, or sub - granting without such consent shall be void. All
assignments, sub - grants, or sub - grantees approved by Grantee or HC are subject to
all of the provisions hereof. Grantee shall be solely responsible for all aspects of sub -
granting arrangements and performance.
B. Binding Effect
Except as otherwise provided in §20(A), all provisions herein contained, including
the benefits and burdens, shall extend to and be binding upon the Parties' respective
heirs, legal representatives, successors, and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and
shall not be used to interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which
shall constitute one agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the
Parties and all prior representations and understandings, oral or written, are merged
herein. Prior or contemporaneous additions, deletions, or other changes hereto shall
not have any force or affect whatsoever, unless embodied herein.
F. Indemnification - General
As provided by law, Grantee shall indemnify, save, and hold harmless the State of
Colorado, its employees and agents, against any and all claims, damages, liability
and court awards including costs, expenses, and attorney fees and related costs,
incurred as a result of any act or omission by Grantee, or its employees, agents, Sub -
grantees, or assignees pursuant to the terms of this Grant; however, the provisions
hereof shall not be construed or interpreted as a waiver, express or implied, of any of
Page 15 of 29
the immunities, rights, benefits, protection, 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. 2671 et seq., as applicable, as now or hereafter amended.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of
Colorado and exclusive venue shall be in the City and County of Denver.
H. Modification
i. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall
not be effective unless agreed to in writing by both parties in an amendment to
this Grant, properly executed and approved in accordance with applicable
Colorado State law, State Fiscal Rules, and Office of the State Controller
Policies, including, but not limited to, the policy entitled MODIFICATIONS OF
CONTRACTS - TOOLS AND FORMS.
ii. By Operation of Law
This Grant is subject to such modifications as may be required by changes in
Federal or Colorado State law, or their implementing regulations. Any such
required modification automatically shall be incorporated into and be part of this
Grant on the effective date of such change, as if fully set forth herein.
1i. Order of Precedence
The provisions of this Grant shall govern the relationship of the State and Grantee. In
the event of conflicts or inconsistencies between this Grant and its exhibits and
attachments including, but not limited to, those provided by Grantee, such conflicts
or inconsistencies shall be resolved by reference to the documents in the following
order of priority:
i. Colorado Special Provisions,
ii. The provisions of the main body of this Grant,
iii. Exhibit A, Scope of Work
iv. Exhibit B, Budget
v. Exhibit C, List of Submittals
J. Severability
Provided this Grant can be executed and performance of the obligations of the
Parties accomplished within its intent, the provisions hereof are severable and any
provision that is declared invalid or becomes inoperable for any reason shall not
affect the validity of any other provision hereof.
K. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring
continued performance, compliance, or effect after termination hereof, shall survive
such termination and shall be enforceable by HC if Grantee fails to perform or
comply as required.
L. Taxes
HC is exempt from all federal excise taxes under IRC Chapter 32 (No. 84- 730123K)
and from all State and local government sales and use taxes under CRS § §39 -26 -101
and 201 et seq. Such exemptions apply when materials are purchased or services
rendered to benefit the State; provided however, that certain political subdivisions
(e.g., City and County of Denver) may require payment of sales or use taxes even
Page 16 of 29
though the product or service is provided to the State. Grantee shall be solely liable
for paying such taxes as the State is prohibited from paying for or reimbursing
Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved
solely to the Parties, and not to any third party. Any services or benefits which third
parties receive as a result of this Grant are incidental to the Grant, and do not create
any rights for such third parties.
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or any right
or remedy hereunder, whether explicitly or by lack of enforcement, shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision or
requirement, or of any other term, provision, or requirement.
21. FEDERAL ACKNOWLEDGEMENTS
Grantee agrees to the acknowledgement of the National Park Service funding support
when describing or promoting the Project for any materials, publications, program
literature, audio - visual products or related materials produced as a result of the Grant
funds, appropriate acknowledgement and required Equal Employment Opportunity
statement should be given as follows:
"The activity that is the subject of this material has been financed in part with
Federal finds from the National Historic Preservation Act, administered by the
National Park Service, U.S. Department of the Interior for History Colorado.
However, the contents and opinions do not necessarily reflect the views or policies of
the U.S. Department of the Interior or History Colorado, nor does the mention of
trade names or commercial products constitute an endorsement or recommendation
by the Department of the Interior or History Colorado."
"This program receives Federal funds from the National Park Service. Regulations
of the U.S. Department of the Interior strictly prohibit unlawful discrimination in
departmental Federally- assisted programs on the basis of race, color, national origin,
age or handicap. Any person who believes he or she has been discriminated against
in any program, activity, or facility operated by a recipient of Federal assistance
should write to: Director, Equal Opportunity Program, U.S. Department of the
Interior, National Park Service, 1849 C Street, N.W., Washington, D.C. 20240."
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 17 of 29
22. COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Grants except where noted in italics.
A. 1. CONTROLLER'S APPROVAL. CRS §24 - 30 - 202 (1).
This Grant shall not be deemed valid until it has been approved by the Colorado
State Controller or designee.
B. 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.
C. 3. GOVERNMENTAL IMMUNITY.
No term or condition of this Grant 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.
D. 4. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent Grantee and not as an
employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to
be an agent or employee of the State. Grantee 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 Grantee
or any of its agents or employees. Unemployment insurance benefits shall be
available to Grantee and its employees and agents only if such coverage is made
available by Grantee or a third party. Grantee shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this
Grant. Grantee shall not have authorization, express or implied, to bind the State to
any Grant, liability or understanding, except as expressly set forth herein. Grantee
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.
E. 5. COMPLIANCE WITH LAW.
Grantee 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.
F. 6. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in
the interpretation, execution, and enforcement of this grant. 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 Grant, to the
extent capable of execution.
Page 18 of 29
G. 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.
H. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D
002 00.
State or other public funds payable under this Grant shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions. Grantee hereby certifies and
warrants that, during the term of this Grant and any extensions, Grantee has and shall
maintain in place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that Grantee is in violation of this provision, the
State may exercise any remedy available at law or in equity or under this Grant,
including, without limitation, immediate termination of this Grant and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
1. 9. EMPLOYEE FINANCIAL 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
Grant. Grantee has no interest and shall not acquire any interest, direct or indirect,
that would conflict in any manner or degree with the performance of Grantee's
services and Grantee shall not employ any person having such known interests.
J. 10. VENDOR OFFSET. CRS § §24 - 30 - 202 (1) and 24 - 30 - 202.4.
[Not Applicable to intergovernmental agreements] 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.
K. 11. PUBLIC GRANTS 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] Grantee certifies, warrants, and agrees that it does not knowingly employ or
Grant with an illegal alien who shall perform work under this Grant and shall
confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Grant, through
participation in the E- Verify Program or the State program established pursuant to
CRS §8- 17.5- 102(5)(c), Grantee shall not knowingly employ or Grant with an illegal
alien to perform work under this Grant or enter into a Grant with a Sub - grantee that
fails to certify to Grantee that the Sub - grantee shall not knowingly employ or Grant
with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-
Verify Program or State program procedures to undertake pre- employment screening
of job applicants while this Grant is being performed, (b) shall notify the Sub - grantee
and the Granting State agency within three days if Grantee has actual knowledge that
Page 19 of 29
a Sub - grantee is employing or Granting with an illegal alien for work under this
Grant, (c) shall terminate the subGrant if a Sub - grantee does not stop employing or
Granting 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 Grantee participates in the State program, Grantee shall deliver to
the Granting State agency, Institution of Higher Education or political subdivision, a
written, notarized affirmation, affirming that Grantee has examined the legal work
status of such employee, and shall comply with all of the other requirements of the
State program. If Grantee fails to comply with any requirement of this provision or
CRS §8- 17.5 -101 et seq., the Granting State agency, institution of higher education
or political subdivision may terminate this Grant for breach and, if so terminated,
Grantee shall be liable for damages.
L. 12. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24 76.5 - 101.
Grantee, 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 Grant.
SPs Effective 1/1/09
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 20 of 29
•
23. SIGNATURE PAGE
Grant Routing # 1072
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and
acknowledge that the State is relying on their representations to that effect.
GRANTEE STATE OF COLORADO
City of Pueblo
By: Sandra K. Daff John W. Hickenlooper, GOVERNOR
Title: President of City Council History Colorado, Edward C. Nichols, President, or his
Designee
mr
*Signature .
Date: y " oL
Date: 5
LEGAL ` EVIEW
ATTESTED BY: ,�� . John W. Suthers, Attorney General
Gina cher, City Clerk
By:
Signature - Assistant Attorney General
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24 -30 -202 requires the State Controller to approve all State Grants. This Grant is not valid until signed
and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such
time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such
performance or for any goods and /or services provided hereunder.
STATE CONTROLLER
David J. 1 cDer s t PA
By:
History Color. „f' CJljgf Financial Of er
er
Date:
Page 21 of 29
24. EXHIBIT A
SCOPE OF WORK
Including Standards and Specifications
2014 NAPC Forum CO -13 -23
Project Title Project Number
1. PROJECT PURPOSE: Staff and board members attend and participate in the 2014
NAPC Forum in Philadelphia.
2. SPECIFICATION OF WORK: Register for, travel to and attend the NAPC Forum
in Philadelphia and for each attendee using this grant to prepare a summary of his or
her attendance listing and summarizing sessions and events attended as well as
evaluating the conference.
3. REQUIRED STANDARDS: None applicable.
4. PRODUCTS: The following products will be delivered to HC as set forth in
EXHIBIT C
a) Receipts as well as itemized list of expenses for registration, travel, lodging and
per diem expenses for travel to and participation in the NAPC forum in
Philadelphia.
b) Final Project Report
c) For each attendee using this grant, a list and summary of sessions and events
attended as well as an evaluation of the conference as a whole.
All survey projects must include the following required standards and required products.
A. REQUIRED STANDARDS FOR SURVEY PROJECTS: The following
standards are required for all survey projects:
1. Grantee agrees that all survey work shall be completed to the standards
provided by the History Colorado (HC) and detailed in the Colorado
Survey Manual. Survey forms shall be provided by HC.
2. Black and white photographs submitted shall be properly labeled in
accordance with the Colorado Survey Manual.
3. Survey work shall also meet the Secretary of the Interior's Standards and
Guidelines for
Page 22 of 29
Identification and Evaluation published September 29, 1983 in the Federal
Register.
Work not meeting the Secretary's Standards in the judgment of HC staff
shall not be reimbursed.
4. Selection of Consultants: HC shall have the opportunity to participate in
the selection of any consultants hired to conduct any portion of the above
scope of work. A consultant shall meet professional qualifications
described in 36 CFR 61, "Procedures for Approved State and Local
Government Historic Preservation Programs, April 13, 1984," or
otherwise approved by HC. Grantee shall submit to HC evidence of
compliance with Federal competitive procurement requirements for
professional services and subcontracts prior to reimbursement of costs.
Grantee shall have final decision rights as to selection of the professional
consultant hereunder. Prior to the start of the project, the designated CLG
representative shall discuss the scope of work and reporting requirements
with HC staff.
Grantee's agreement with the consultant shall contain the following
provision:
"No member, officer, or employee of the CLG grant recipient, including
advisory board, review board, or commission board members shall have
any interest in the agreement or the process thereof, except that such
persons may provide technical consultative, or oversight assistance in a
voluntary capacity (i.e., unpaid, and the time not charged to the required
matching share for the HPF grant."
B. REQUIRED PRODUCTS FOR SURVEY PROJECTS: The following are
required products for all survey projects:
1. Grantee shall prepare a draft and final survey report that follows the
format outlined in the Colorado Survey Manual. Included in the final
survey report shall be a map which clearly delineates the project
boundaries. The map shall also identify individual properties or districts
that appear to meet the National Register criteria. The survey report shall
also include a listing of all the properties surveyed with their state
identification numbers and an evaluation of their significance.
2. Grantee shall submit a USGS 7.5' quad map plus a city plat or planning
map outlining the boundaries of the survey area with a key that identifies
the boundaries of eligible districts, contributing and non - contributing
properties and individually eligible properties. Each resource recorded
during the project should be clearly identified on the map by appropriate
site number.
Page 23 of 29
3. Grantee shall conduct a minimum of one public meeting to describe the
results of the project. Minutes of the meeting shall be submitted to the
HC.
4. Grantee shall submit all Inventory forms completed for the survey. These
shall be typed with photographs placed in appropriate archival sleeves and
attached to the forms.
Page 24 of 29
INTERIM STATUS REPORT
CLG Name
Project Title
Project Number
Please check one: Please check one:
Interim report # 1 ( to ) Original projection
Interim report # 2 ( to ) Amendment
Interim report # 3 ( to )
Interim report # 4 ( to )
Print or type legibly. Complete each section (if not applicable, answer NA).
Column A: List all project products /deliverables (refer to Attachment B, Exhibit 1
"Project Scope of Work, Standards and Specifications" of your contract).
Column B: Indicate the original projection or anticipated completion date for that
particular product per the contract agreement.
Column C: Indicate with a yes /no whether or not that particular product is being
submitted this quarter or what numerical amount of the product is being submitted.
Column D: Indicate the cumulative actual or percentage ( %) completed at this time.
B. Original C. D. Cumulative actual or
A. Products /Deliverables Projection /Completion Submitted this period? completed at this time.
Date Yes or No
2.
3.
4.
5.
6.
7.
8.
COMMENTS:
Prepared by: Signature /Print name /Title Date
Approved: History Colorado Date
Page 25 of 29
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FINAL PROJECT REPORT
CLG Name
Project Title
Project Number
Total Project Cost
Amendments with
Approved Dates
Major Work Items Planned:
Actual:
Budget Items Planned Amended Actual
TOTAL
Additional Information
Publication Name
Date Four copies plus PDF enclosed
CLG Representative Signature /Print Name Date
Title
Approved: History Colorado Date
Page 27 of 29
25. EXHIBIT B
BUDGET
2014 NAPC Forum
Project Title
CO -13 -023
Project Number
CATEGORIES
1. Personnel
A)
B)
C)
2. Contractual
A)
B)
C)
3. Travel
Lodging, air and ground transportation expenses including airport parking, registration expenses, mileage at
50 cents per mile, per diem at $66 per day $2,345.00
4. Materials, supplies and other expenses (identify)
TOTAL $2,345.00
Grantee shall not be reimbursed for any cost incurred outside of the contract terms.
*Includes award amount and local matching share.
Page 28 of 29
1 F
26. EXHIBIT C
LIST OF SUBMITTALS
Project Performance and Payment Schedule
Project Title: 2014 NAPC Forum
Project Number: CO -13 -023
PRODUCT DATE DUE HC RESPONSE PAYMENT DUE
Receipts and itemized 9/15/14 Review and approve
list of expenses
Summary statement
from each Forum
attendee of sessions and
events attended and
overall conference
evaluation 9/15/14 Review and approve
Final Project Report 9/15/14 Review and approve $2,345.00
Page 29 of 29