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HomeMy WebLinkAbout08919ORDINANCE NO. 8919 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 STATE HISTORICAL FUND FOR THE AMOUNT OF $35,000, ACCEPTING MATCHING GRANT FUNDS FROM PUEBLO URBAN RENEWAL AUTHORITY IN THE AMOUNT OF $5,000 AND FROM EL PUEBLO MUSEUM IN THE AMOUNT OF $5,000 AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $45,000 TO PL1502 RELATING TO THE EL PUEBLO PAVILION MASTER PLAN, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the State of Colorado, Department of Higher Education, History Colorado, the State Historical Fund have offered funds through Contract 2016-M1-010; 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 State Historical Fund, 2016-M1-010 (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. Subject to encumbrances by the Colorado Department of Higher Education, History Colorado, the State Historical Fund, funds from SHF #2016-M1-010 in the amount of $35,000 are hereby budgeted and appropriated for the El Pueblo Pavilion Master Plan, PL1502. SECTION 3. Matching funds in the amount of $5,000 shall be accepted from the Pueblo Urban Renewal Authority and deposited to PL1502. SECTION 4. Matching funds in the amount of $5,000 shall be accepted from the El Pueblo History Museum and deposited to PL1502. SECTION 5. 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 and attest same. SECTION 6. 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 Contract to effectuate the policies and procedures described therein. SECTION 7. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: August 24, 2015 BY: Dennis Flores PASSED AND APPROVED: September 14, 2015 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 24, 2015 TO: President Stephen G. Nawrocki 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 APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, THE DEPARTMENT OF HIGHER EDUCATION, HISTORY COLORADO, THE STATE HISTORICAL FUND FOR THE AMOUNT OF $35,000, ACCEPTING MATCHING GRANT FUNDS FROM PUEBLO URBAN RENEWAL AUTHORITY IN THE AMOUNT OF $5,000 AND FROM EL PUEBLO MUSEUM IN THE AMOUNT OF $5,000 AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $45,000 TO PL1502 RELATING TO THE EL PUEBLO PAVILION MASTER PLAN, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: The City of Pueblo was awarded a State Historical Fund grant from the State of Colorado, Department of Higher Education, History Colorado in the amount of $35,000. The City has provided the local match in the amount of $15,000 through a partnership with Pueblo Urban Renewal and the El Pueblo Museum. PREVIOUS COUNCIL ACTION: City Council has authorized the use of Council Contingencies Account in the 2015 General Fund Budget in the amount of $5,000 for a portion of the grant match. City Council approved the submittal of the State Historical Fund application in March 2015. BACKGROUND: The Department of Planning and Community Development has obtained funding in the amount of $35,000 from the State Historical Fund, History Colorado. The local match in the amount of $15,000 is funded by the Council Contingencies Account in the 2015 General Fund, contributions from the Pueblo Urban Renewal Authority in the amount of $5,000 and contributions from the El Pueblo History Museum in the amount of $5,000. The “Dr. Buckles Archaeology Pavilion” and surrounding public space is owned by the City of Pueblo. The purpose of the Project is to create a site Master Plan for the pavilion and surrounding public space by combining the services of a landscape architect, preservation architect and an archaeologist to provide a road map for addressing the future physical structure, archaeology/collections, education, community engagement, and sustainability of the El Pueblo Archaeological Site in Pueblo, Colorado. A consultant will be hired to perform the work and should be started by November of 2015 with a completion date of June 2016. FINANCIAL IMPLICATIONS: The $50,000 State Historical Fund grant contract will be funded through the following sources: State Historical Fund $35,000 2015 City Council Contingencies, PL1502 $ 5,000 Pueblo Urban Renewal Authority $ 5,000 EL Pueblo History Museum $ 5,000 Total $50,000 This grant will require staff time for project management as well as grant reporting BOARD/COMMISSION RECOMMENDATION: The Historic Preservation Commission recommended the submittal of the State Historical Fund application for the El Pueblo Pavilion Master Plan. STAKEHOLDER PROCESS: The EL Pueblo Archaeological Pavilion Committee has been formed to include interested stakeholders and organizations interested in the pavilion. ALTERNATIVES: The Project will not go forward if it is not funded. RECOMMENDATION: Approve the Ordinance. Attachments: Grant Agreement Match Commitment Letters from PURA and El Pueblo Museum Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State reimbursement. If the Project involves matching funds the SI-Ih may allow prior expenditures in furtherance of the Scope of )Fork to be counted as part of such matching funds. 6. ACCOUNTING: At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated books of State funds, matching funds,and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner,and shall accord with the Budget set forth in Exhibit B. Contractor may adjust budgeted expenditure amounts up to ten percent (10%)within said Budget without approval of the State and document the adjustments in the next financial report. Adjustments of budget expenditure amounts in excess of ten percent(10%) must be authorized by the State. In no event shall the State's total financial obligation exceed the amount shown in Paragraph 5 above. Interest earned on funds advanced by the State shall be applied to eligible project expenditures,and will be deducted from the final payment. 7. AUDIT: The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records, books,and accounts,including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until three (3) years after the date final payment for this Project is received by the Contractor provided that the audit is performed at a time convenient to the Contractor and during regular business hours. 8. PARTIES RELATIONSHIP: CONTRACTOR IS A GRANTEE AND NOT AN EMPLOYEE OR AGENT OF THE STATE.THE CONTRACTOR SHALL HAVE NO AUTHORITY,EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS OR UNDERSTANDINGS WITHOUT THE EXPRESS WRITTEN CONSENT OF THE STATE. CONTRACTOR REPRESENTS THAT IT 1-IAS OR SI-TALL SECURE AT IT'S OWN EXPENSE ALL PERSONNEL BY THE. CONTRACTOR UNDER THIS CONTRACT. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING WORKMEN'S COMPENSATION COVERAGE AND UNEMPLOYMENT COMPENSATION COVERAGE FOR ALL OF IT'S EMPLOYEES TO TI-IE EXTENT REQUIRED BY LAW, AND FOR ENSURING TI-TAT ALL SUBCONTRACTORS MAINTAIN SUCI-I INSURANCE. THE CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRE!) 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 OA HP and SHF/Deputy SHPO History Colorado 1200 Broadway, Denver,Colorado 80203 To the Contractor: Mr.William j Zwick Landscape Architect City of Pueblo-Department of Community Development 211 East I)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 ARCI-IAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide History Colorado with copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by History Colorado. The Contractor agrees to otherwise restrict access to such archaeological surveys, as well as access to any other information concerning the nature and location of archaeological resources, in strict accordance with the provisions of History Colorado-Office of Archaeology and Historic Preservation,Dissemination of Cultural Resource;Policy and Procedures, adopted October 1991 (Revised Nov.2002),a copy of which is available from History Colorado. 12. REPORTS: Contractor shall deliver project progress reports to the State every six (6) months during the project which document the progress of the Project, and SHF Financial Reports (Attachment 1) as described and at the times in the List of Submittals(Exhibit C). 13. MATCHING FUNDS: Contractor agrees to make available the necessary funds to complete the Project and provide matching funds, if applicable, in accordance with the Project Budget as set forth in Exhibit B. In the event that said matching funds become unavailable,the State may,in its sole discretion,reduce its total funding commitment to the Project in proportion to the reduction in matching funds. Page 2 of 6 If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its pro-rata share of the unexpended budget. 14. CONSULTANTS/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 History Colorado-State Historical Fund grant." In addition, History Colorado reserves the right to require that the following sentence be included in any publication or similar material funded through this program: "The contents and opinions contained herein do not necessarily reflect the views or policies of History Colorado". 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 arc as follows: a. Suspend the Contractor's performance pending necessary corrective action as specified by the State without Contractor's entitlement to adjustment in price/cost or schedule;and/or b.Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed in accordance with the Standards,the SHF Grants Manual and/or the terms and conditions of this Contract;and/or c. Request the removal from work on the contract of employees or agents of the Contractor whom the State justifies as being incompetent,careless,insubordinate,unsuitable,or otherwise unacceptable,or whose continued employment on the contract the State deems to be contrary to the public interest or not in the best interest of the State;and/or d.Deny payment for those services or obligations which have not been performed and which due to circumstances caused by the Contractor cannot be performed,or if performed would be of no value to the State. Denial of the amount of payment must be reasonably related to the value of work or performance lost to the State;and/or e. Declare all or part of the work ineligible for reimbursement;and/or f. In the event of a violation of this Agreement, and in addition to any remedy now or hereafter provided by law, History Colorado may,following reasonable notice to the Contractor institute suit to enjoin said violation or to require the restoration of the Property to its condition at the time of this Agreement or condition at the time of the most recent satisfactory inspection by History Colorado. History Colorado shall be entitled to recover all costs or expenses incurred in connection with such a suit,including all court costs and attorney's fees. g. Terminate the contract for default. 17. CUMULATIVE EFFECT: The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them individually or simultaneously. 18. TERMINATION OF CONTRACT FOR DEFAULT: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract,the State shall,in addition to other remedies,thereupon have the right to terminate this Contract for default by giving written notice to the Contractor of such termination and specifying the effective date thereof,at least five (5)days before the effective date of such termination.In that event,all finished or unfinished documents,data,studies,surveys, drawings, maps, models, photographs, products, submittals, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above,the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor,and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor are determined. 19. TERMINATION BY STATE:The State may terminate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project.The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other 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 Page 3 of 6 previously made. Provided, however, that if less than sixty percent (60%) of the project covered by this Contract has been completed upon the effective date of such termination,the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract)incurred by the Contractor during the Contract period which arc directly attributable to the uncompleted portion of the project covered by this Contract. If this Contract is terminated due to the fault of the Contractor,Paragraph 18 hereof relative to termination shall apply. 20. 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. SEVERABILPIY: 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,arc subject to public release through the Colorado Open Records Act,CRS§24-72-101,et seq. 28. STATEWIDE CONTRACT MANAGEMENT SYSTEM:If the maximum amount payable to Grantee under this Grant is $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 Cl-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. Page 4 of 6 • x�LW .41 " a '� ,,, 'Ar "�,,, mr N AWr 'g PEI �ROVIONr M4�z,Z ! 1s A�,� si<.tsj E a;., ��... A i ` € 17 : - a , 1ervi?.,1,P„h,, Arnow. " ' i % ' 'ms >MSsA iI �?„ (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 arc riot entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization,express or implied,to bind 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 arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in CRS 39-21-101,et seq.;(c)unpaid loans due to the Student Loan Division of the Department of higher Education; (d)amounts required to be paid to the Unemployment Compensation Fund;and(e)other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES.CRS 8-17.5-101.(Not Applicable to agreements relating to the offer,issuance,or sale of securities,investment advisory services or fund management services,sponsored projects,intergovernmental agreements,or information technology services or products and services] Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who arc 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 U-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 r • �as.�'s", t .� Adites �c�u ii1 q:'t.4f4 �"; �.. 0 a 4•ZZL tth '�•� �`v s Bs, z' a`'`'!- `�' �e� ,�� `�. .h`"�3� � � �,�a�.,-:' ��, '�" .'�.*� '.x � �,r�. fi�_.�. .r.�f � 'a�' 3�_•.. f 1' � 7� '� � ���, ®T,®/�F-1�. "5r� � t R �, ���//,�'��t� s .; Aa �, ee r WSIGN T�. 1P11 �4 �' ty_ 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. c enlooper G VERNOR Ci \ f ry of Puebl. / , '1 Leta ► . a _,I tr. ting Entity BY: 1, Executiv Di ector or Designee 1"-*---">")"/ Edward .Nichols,P esident 4 _� ' ire of Authorized Officer History Colorado i September 14, 2015 Date: Date Department o I Higher E.ucation Sc lt� STATE HISTORICAL FUND eAh ex) G . Q a W ro Print Name of Authorized Officer ^� s . . [Vi BY: 40 Director ANesignee (� f� Steve W. ner,Vice Preside OAI IP&SI-IF/Deputy SHPO �t're S i a erl4 O1' L►- 1 COI Lnd I q c�$ Print Title of Authorized Officer Date: WAIVER CONTRACT REVIEWER }eSA- • BY: t...51.-1---14"---• C-1 t p u �ex` - Contracts Officer or Designee C� Chex k. Susan Frawley,State Historical Fund Date: 872412.49 c 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,MBA,JD BY: Josep i Bell CHS,Vice President Finance,Fa ties&Regional Museums Date: �' /[1tel f Revised September 26,2013 547d9fcb-05ad-4b69-aa2d-0af3e9c6a504 Approval/Contract D Page 6 of 6 City of Pueblo Exhibit A Master Plan Project#2016-M1-010 SCOPE OF WORK I. Project Purpose: The purpose of this project is to create a site Master Plan by combining the services of a landscape architect,preservation architect,and archaeologist to provide a road map for addressing the physical structure, archaeology/collection,education, community engagement,and sustainability of the El Pueblo Archaeological Site in Pueblo,Colorado. II.The Scope of Work is as follows: A. Conduct a site inventory, analysis,and needs assessment of the El Pueblo Archaeological Site. 1. Conduct an inventory of site conditions and other site resources 2. Identify site opportunities and constraints B. Create site Master Plan alternatives 1. Prepare three draft plans 2. City and SHF will review the draft plans a. Evaluate strategies and approaches to site management and maintenance b. Evaluate opportunities for education and outreach C. Create the final Master Plan 1. Work with City and SHF to chose a final plan 2. Prepare final plan 3. Create a written/graphical summary of the site management and maintenance options 4. Create a written summary of the education and outreach options 5. Create a construction cost estimate 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 1-I:AContracts\2016\I6M1010 Exhibit A.docx Page 1 of 1 City of Pueblo Exhibit B Master Plan Project#2016-M1-010 PROJECT BUDGET TASK AMOUNT A. Conduct a site inventory, and analysis/needs assessment $ 12,900 B. Create site Master Plan alternatives $ 19,000 C. Create the Final Master Plan $18,100 PROJECT TOTAL $50,000 Grant Award (70%) $35,000 Cash Match (30%) $15 000 Travel must be within SHF/State allowable rates ($.52/mile—mileage,$100/night—Hotel,$46/day—Per Diem) Id:AContracts\2016\16M1010 Exhibit B.docx Page 1 of 1 City of Pueblo Exhibit C Master Plan Project#2016-M1-010 LIST OF SUBMITTALS Project Reports Project Reports Due Date Society Response a. Payment Request Form (Attachment 1). N/A Advance payment of grant Deliverable #1 below must be reviewed and award$14,000 approved before Advance payment is made. b. Progress Report# 1 January 1, 2016 Review* c. Progress Report# 2 April, 1,2016 Review* d. Progress Report# 3 July 1,2016 Review* e. Interim Financial Report (Attachment 1). July 15,2016 ** Review&Approve. Deliverables #2—5 below must be reviewed and Interim payment of approved before Interim payment is made. grant award$17,500. f. Progress Report# 4 October 1,2016 Review* g. Progress Report# 5 January 1, 2017 Review* h. Progress Report# 6 April 1, 2017 Review* i. Progress Report# 7 July 1, 2017 Review* j. Final Financial Report (Attachment 1). July 15, 2017 *** Review&Approve. Final payment of grant award$3,500. *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 September 30,2017.All deliverables are due on or before this date. Page 1 of 2 City of Pueblo Exhibit C Master Plan Project#2016-M1-010 PROJECT DELIVERABLES Submit the following Project Deliverables. Project Deliverables Society Response 1. Initial Consultation with SHF Historic Preservation Specialist Review/Comment and or Approve 2. Consultant Resume:All subcontractors including landscape architect,preservation architect,and archaeologist Review/Comment and or Approve 3. Subcontract Certification Form:All subcontractors Review/Comment and or Approve 4. Initial summary of inventory,analysis,and needs assessment Review/Comment and or Approve 5. Draft of three scaled alternative plans with budgets Review/Comment and or Approve 6. Draft of final Master Plan Review/Comment and or Approve 7. Final Master Plan Review/Comment and or Approve 8. Summary of prioritized objectives Review/Comment and or Approve 9. Summary of management/maintenance&education/outreach Review/Comment and or Approve 10. Cost estimates Review/Comment and or Approve 11. Documentation of professional/public outreach Review/Comment and or Approve 12. End of Project Report Review/Comment and or Approve I I:AContracts\2016\1GM1010 Exhibit C.docx Page 2 of 2