HomeMy WebLinkAbout09418
ORDINANCE NO. 9418
AN ORDINANCE APPROVING AND ACCEPTING GRANT
AGREEMENT 2019-M2-007 BETWEEN THE CITY OF PUEBLO,
A COLORADO MUNICIPAL CORPORATION, AND THE STATE
OF COLORADO, THE DEPARTMENT OF HIGHER EDUCATION,
HISTORY COLORADO, THE STATE HISTORICAL FUND,
BUDGETING AND APPROPRIATING GRANT FUNDS IN THE
AMOUNT OF $20,616, AND ACCEPTING, BUDGETING AND
APPROPRIATING DONATION FUNDS IN THE AMOUNT OF
$1,100 TO PL1803 TOTALLING $21,716, RELATING TO THE
DOWNTOWN HISTORIC SURVEY PART 2 PROJECT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the City of Pueblo (“City”) established the Downtown Historic Survey Part 2
Project, PL1803, and budgeted and appropriated $5,733 matching funds by Ordinance No.
9395, and received donations from local organizations for said project; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract between the City of Pueblo, a Colorado Municipal Corporation, and the State
of Colorado, for the use and benefit of the Department of Higher Education, History Colorado, the
State Historical Fund (“SHF”), 2019-M2-007 (hereinafter referred to as the “Agreement”), 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 #2019-M2-007 in the amount of $20,616 are
hereby budgeted and appropriated for the Downtown Historic Survey Part 2 Project, PL1803.
SECTION 3.
Donations in the amount of $1,100 shall be budgeted and appropriated to PL1803.
SECTION 4.
The Mayor is authorized to execute and deliver the Agreement in the name of the City
and the Acting City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 5.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with the intent of the Ordinance and Agreement to implement the policies and
procedures described therein.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 11, 2019 .
Final adoption of Ordinance by City Council on February 25, 2019.
President of City Council
Action by the Mayor:
Approved on February 28, 2019 .
☒
□
Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□
Council did not act to override the Mayor's veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Acting City Clerk
City Clerk’s Office Item # R-1
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
February 11, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING GRANT AGREEMENT 2019-
M2-007 BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND THE STATE OF COLORADO, THE DEPARTMENT OF
HIGHER EDUCATION, HISTORY COLORADO, THE STATE HISTORICAL
FUND, BUDGETING AND APPROPRIATING GRANT FUNDS IN THE AMOUNT
OF $20,616, AND ACCEPTING, BUDGETING AND APPROPRIATING
DONATION FUNDS IN THE AMOUNT OF $1,100 TO PL1803 TOTALING
$21,716 RELATING TO THE DOWNTOWN HISTORIC SURVEY PART 2
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance approves and accepts a grant agreement between the City of Pueblo (“City”) and
the State of Colorado, the Department of Higher Education, History Colorado, the State Historical
Fund (“SHF”), in the amount of $20,616. These funds will be budgeted and appropriated to Project
PL1803. The City has also accepted donations in the amount of $1,100, which will be budgeted
and appropriated to PL1803.
PREVIOUS COUNCIL ACTION:
On December 26, 2018 City Council approved Ordinance No. 9395 establishing the Downtown
Historic Survey Part 2 Project No. PL1803 and authorized a transfer of funds from the Planning
and Community Development Department Professional Services Account in the amount of
$5,773.
BACKGROUND:
The City’s Department of Planning and Community Development has received grant funding in
the amount of $20,616 from the SHF. The local match has been funded in the amount of $5,773
from Planning and Community Development’s Professional Services Account. Donations have
been received from Historic Pueblo Inc., the Pueblo Urban Renewal Authority and the Pueblo
Archaeological and Historical Society totaling $1,100. The purpose of the Project is to continue
historic surveys from the previous study and provide historical context about the architectural and
commercial development of Downtown Pueblo. The primary goal is to support the Pueblo
Regional Development Plan through preservation, restoration, and adaptive reuse and mixed-use
of Downtown places. A consultant will be hired by April 2019 and the Project will be complete by
May 2020.
FINANCIAL IMPLICATIONS:
The $27,489 State Historical Fund grant contract will be funded through the following sources:
State Historical Fund $20,616
Planning and Community Development Department
Professional Services Account $ 5,773
Historic Pueblo Inc., the Pueblo Urban
Renewal Authority, and the Pueblo
Archaeological and Historical Society $ 1,100
Total $27,489
BOARD/COMMISSION RECOMMENDATION:
The Historic Preservation Commission recommended submittal of a SHF application for Part 2 of
the Downtown Historic Survey on September 26, 2018.
STAKEHOLDER PROCESS:
The Downtown Historic Survey Committee will be active in an advisory role to the City.
ALTERNATIVES:
The Project will not go forward if the Ordinance is not approved.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Grant Agreement
SMALL DOLLAR GRANT AWARD
COVER PAGE
State Agency SHF Grant Number
Department of Higher Education,History Colorado,the Colorado 2019-M2-007
Historical Society
Grantee Award Start Date
City of Pueblo 1/16/2019
Agreement Maximum Amount Maximum Grant Funds Percentage Initial Award End Date
$20,616.00 75.00% 1/16/2021
Cash Match Amount Cash Match Percentage Fund Expenditure End Date
$6,873.00 25.00% 1/16/2021
Encumbrance:
POGG 12019*2583
Award Authority
Authority exists under the State Constitution article XVIII, §9(5)(b)(I1I)and CRS §44-30-1201 for the annual distribution of
monies from the State Historical Fund(SHF).
Award Purpose
The purpose of this project is to complete an intensive survey of tip to IS commercial buildings in Pueblo,Colorado.This
project builds on previous survey work and will provide further information to determine the eligibility of a potential
downtown historic district.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
i. Exhibit A,Statement of Work
2. Exhibit B, Budget
3. Exhibit C,Submittals&Deliverables
4. Exhibit D,SHF Provisions
5. Purchase Order Terms&Conditions
6. Attachment 1,SHF Payment Request&Financial Report form
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment,such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1. Purchase Order Terms&Conditions
2. The provisions of the other sections of the main body of this Agreement.
3. Exhibit A,Statement of Work
4. Exhibit B,Budget
5. Exhibit C,Submittals&Deliverables
6. Exhibit D,SHF Provisions
Principal Representatives
For the State: For Grantee:
Steve W.Turner Mr. Alan Lamberg
Executive Director Planner
History Colorado 211 East D Street
1200 Broadway Pueblo,Colorado 81003
Denver,Colorado 80203
Modifications:
•
W4 # oh
Nicholas A. Gradisar-Mayor Date
Page 1 of 1 Small Dollar Grant Award Cover Page
City of Pueblo Exhibit A
Intensive Survey
Project#2019-M2-007
SCOPE OF WORK
I. Purpose: The purpose of this project is to complete an intensive survey of up to 15 commercial
buildings in Pueblo,Colorado. This project builds on previous survey work and will provide
further information to determine the eligibility of a potential downtown historic district.
II. Scope of Work is as follows:
A. Public Outreach
1. Conduct at least four public meetings involving stakeholders, partner
organizations,property and business owners, and citizens.
a. The selected survey consultant will conduct at least two public meetings,
including an initial meeting to review the project with interested parties
and receive input. A final public meeting is also anticipated to review
survey results and findings.
b. City staff will conduct at least two additional public meetings to promote
the survey project and encourage historic preservation through the
formation of a Downtown Heritage Initiative.
B. Survey Forms and Survey Report
1. Finalize the list of properties for intensive survey.
2. Complete field work including research, photographs,documentation,and
interviews.
3. Prepare the Architectural Inventory Form(1403)for up to 15 buildings.
4. Complete survey report that presents findings and meets the Colorado Cultural
Resource Survey Manual report guidelines for historic architectural surveys.
C. Historic Context
1. Research and update the downtown historic context to provide the basis for
establishment of a downtown historic district.
ef8946dd-8362-4a63-a9c0-8e0043261956
Page 1 of 1 Exhibit A
City of Pueblo Exhibit B
Intensive Survey
Project#2019-M2-007
BUDGET
TASK AMOUNT
A. Public Outreach $1,744
B. Survey Forms and Survey Report $10,327
C. Historic Context $10,759
D. Direct Costs $2,160
PROJECT SUBTOTAL $24,990
Contingency?" $2,499
PROJECT TOTAL $27,489
Grant Award (75.00%) $20,616
Cash Match(25.00%) $6,873
Grant payments will be based off Project Subtotal amount. Total payments will be Grant Award percentage of
Project Subtotal up to a maximum of the Grant Award Amount should contingency be requested and approved.
t Contingency-Must receive written approval from SHF Staff prior to use.
393b84e0-f4a1-47dc-8a26-01634bd23ce6
Page 1 of 1 Exhibit B
City of Pueblo Exhibit C
Intensive Survey
Project#2019-M2-007
LIST OF SUBMITTALS
Project Reports Due Date Society Response
a. Payment Request Form(Attachment 1). N/A Advance Payment of Grant
Deliverables#1-4 below must be reviewed and Award$7,497.
approved before Advance Payment is made.
b. Progress Report# 1 June 1,2019 Review *
c. Progress Report#2 September 1,2019 Review *
d. Progress Report#3 December 1, 2019 Review *
e. Interim Financial Report(Attachment 1). December 15, 2019 ** Review&Approve.
Deliverables#5-8 below must be reviewed and Interim Payment of Grant
approved before Interim Payment is made. Award$9,371. t
f. Progress Report#4 March 1,2020 Review *
g. Progress Report# 5 June 1,2020 Review *
h. Progress Report#6 September 1,2020 Review *
i. Progress Report# 7 December 1, 2020 Review *
j. Final Financial Report(Attachment 1). December 15,2020 Review&Approve.
*** Final Payment of Grant
Award $1,874. t
* At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim Financial Report due date is a guideline. Please submit Interim Financial Report when 40%or
more of Advance has been expended and you are ready for the next payment.
*** Final Payment is a reimbursement ONLY after all contractors have been paid.
tPayment may increase due to approval of contingency funds.
All deliverables and submittals must be received 30 days prior to the Award End Date.
Page 1 of 2 Exhibit C
City of Pueblo Exhibit C
Intensive Survey
Project#2019-M2-007
PROJECT DELIVERABLES
Submit the following project deliverables:
Project Deliverables SHF Response
1. Initial Consultation with SHF Survey Specialist Review Comment and/or Approve
2.Consultant Resume for Survey Consultant: (D) Review Comment and/or Approve
3. Subcontract Certification for Survey Consultant: (D) Review Comment and/or Approve
4. List of properties for intensive survey(D) Review Comment and/or Approve
5. Sample survey forms(2)(D) Review Comment and/or Approve
6. Draft Survey Forms (D) Review Comment and/or Approve
7. Draft Survey Report(D) Review Comment and/or Approve
8. Interim Consultation with Survey Specialist, if needed Review Comment and/or Approve
9. Final Survey Forms(D+HC) Review Comment and/or Approve
10. Final Survey Report(D+ HC) Review Comment and/or Approve
11. Digital copies of high resolution photos(D) Review Comment and/or Approve
12. Documentation of public meetings and outreach(D) Review Comment and/or Approve
(D—indicates a digital copy is requested; HC—indicates a hard copy is requested)
[All digital deliverables need to be sent to HC_SHF@state.co.us and your assigned specialist]
a5b9c2Ia-4bed-493d-863b-00Id5fa4f69b
Page 2 of 2 Exhibit C
City of Pueblo Exhibit D
Intensive Survey
Project#2019-M2-007
STATE HISTORICAL FUND PROVISIONS
1. STANDARDS OF WORK
The Property Owner and Grant Recipient agree that they will perform the activities listed in Exhibit
A and produce the deliverables listed in Exhibit C in accordance with the pertinent sections of the
applicable Secretary of the Interior's Standards for Archaeology and Historic Preservation. The
Property Owner and Grant Recipient shall perform any and all survey activities and submittals in
accordance with the Survey Manual and How to Complete Colorado Cultural Resource Inventory
Forms, Volumes I and II,June 1998(Revised December 2001)for any and all survey activities and
projects(copies of which are available through History Colorado).
2. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS
The Grant Recipient and Property Owner agree 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 Grant Recipient and Property Owner agree 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, Policy on Dissemination of
Information,adopted October 1991, a copy of which is available from History Colorado.
3. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE
In all publications and similar materials funded under this Agreement,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".
4. MATCHING FUNDS
In the event that said matching funds,as provided in Cover Page& Exhibit B, become unavailable,
the State may, in its sole discretion,reduce its total funding commitment to the Project in
proportion to the reduction in matching funds. If the total funding set forth in the Project Budget is
not expended on completion of the Project,the State may reduce its pro-rata share of the
unexpended budget.
Page 1 of 2 Exhibit D
City of Pueblo Exhibit D
Intensive Survey
Project#2019-M2-007
5. QUALIFYING EXPENDITURES
Expenditures incurred by the Grantee or Property Owner prior to execution of this Agreement are
not eligible expenditures for State reimbursement. If the Project involves matching funds the State
may allow prior expenditures in furtherance of the Scope of Work to be counted as part of such
matching funds.
6. BUDGET REVISIONS
In the event budget line items need to be increased/decreased over 10% for any budget line item,
Grantee shall provide a written request, in advance, with a detailed explanation and information for
the revision(s)in a form and manner approved by the State.
7. INTEREST EARNED
Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and
will be deducted from the final payment.
S. RECAPTURE
The following recapture provision shall apply only to a private/for-profit Property Owner: In the
event that the property, as a whole, is sold within a five-year period after completion of the grant,
the following recapture provision shall apply: If the property is sold within the first year after
completion, one-hundred percent (100%) of the funds awarded shall be returned to the State, with a
twenty percent(20%)reduction per year thereafter.
Page 2 of 2 Exhibit D
arc Kase Quer` 4 erOS and one ition
I.Offer/Acceptance.If this purchase order("PO")refers to vendor's When defects in the quality or quantity of service cannot be corrected
bid or proposal,this PO is an ACCEPTANCE of vendor's OFFER TO by re-performance,buyer may (a)require vendor to take necessary
SELL in accordance with the terms and conditions of the"solicitation" action to ensure that future performance conforms to PO requirements
identified in vendor's bid or proposal.The solicitation includes an RFP. and(b)equitably reduce the payment due+endor to reflect the reduced
1FB,or any other form of order by buyer.If a bid or proposal is not value of the sen ices performed.These remedies do not limit the
referenced,this PO is an OFFER TO BUY,subject to vendor's remedies otherwise available in this PO,at law,or in equity.
acceptance,demonstrated by vendor's performance or written 9.Cash Discount The cash discount period%%ill start from the later of
acceptance of this PO.Any COUNTER-OFFER TO SELL the date of receipt of acceptable invoice,or from date of receipt of
automatically CANCELS this PO,unless a change order is issued by acceptable products'scrices at the specified destination by an
buyer accepting a counter-offer This PO shall supersede and control authorized buyer representative.
over any vendor form(s)or pan(s)thereof included in or attached to 10.Taxes.Buyer and the State arc exempt from all federal excise taxes
any bid,proposal,offer,acknowledgment.or otherwise,in the event of under Chapter 32 of the internal Revenue Code[No.84-730123RD and
inconsistencies or contradictions,regardless of any statement to the from all State and local gas ernment sales and use taxes[CRS,Title 39.
contrary in such form(s)or parts thereof. Article 26, Parts 1 and llj.Such exemptions apply'often materials are
2.Safety Information.All chemicals,equipment and materials purchased for the benefit of State,except that in certain political
proposed and/or used in the performance of this PO shall conform to subdivisions(c g,City of Denver)vendor may be required to paysales
the requirements of the Occupational Safety and ileulth Act of 1970. or use taxes even though the ultimate product or service is pros ided to
Vendor shall furnish all Material Safety Data Sheets(MSDS)for any buyer. Buyer shall not reimburse such sales or use taxes
regulated chemicals,equipment or hazardous materials at the time of I I.Payment,Buyer shall pay vendor for all amounts due within 45
delivery. days after receipt of products or services and a correct notice of amount
3.Changes.Vendor shall furnish products and/or services strictly in due Interest on the unpaid balance shall begin to accrue on the 46th
accordance with the specifications and price set forth for each itemday at the rate set forth in CRS§24-30-202(24)until paid in full.
This PO shall not he modified.superseded or otherwise altered,except Interest shall not accrue if a good faith dispute exists as to buyer's
in writing signed by purchasing agent and accepted by vendor.Lach obligation to pay all or a portion of the amount due.Vendor shall
shipment received or ser ice performed shall comply with the terms of invoice buyer separately for interest on delinquent amounts due,
this PO,notwithstanding invoice terms or acts of vendor to the referencing the delinquent payment,number of day's interest to be
contrary,unless this PO has been modified,superseded or otherwise paid,and applicable interest rate.
altered in accordance with this section. 12.Vendor Offset.[Not Applicable to Inter-governmental I'OsI Under
4.Delivery.Unless otherwise specified in the solicitation or this PO, CRS§24-30-202 4(3.5),the State Controller may withhold pay ment
delivery shall be 1013 destination Buyer is relying on the promised under the State's vendor offset intercept system for debts owed to State
delivery date,installation,and or service performance set forth in agencies for:(a)unpaid child support debts or arrearages;(b)unpaid
vendor's bid or proposal as material and basic to buyer's acceptance. If balances ofta.x,accrued interest,or other charges specified in CRS
vendor fails to deliver or perform as and when promised,buyer,in its §39-21-101,et seq.:(c)unpaid loans due to the Student Loan Division
sole discretion,may cancel its order,or any part thereof,without of the Department of I figher Education;(d)amounts required to be paid
prejudice to its other rights,return all or part of an}shipment so made, to the Unemployment Compensation Fund,and(e)other unpaid debts
and charge vendor with any loss or expense sustained as a result of owing to the State as a result of final agency determination or judicial
such failure to deliver or perform as promised.Time is of the essence. action.
5,Intellectual Property.Any software,research,reports,studies,data. 13.Assignment and Successors.Vendor shall not assign rights or
photographs,negatives or other documents.drawings or materials delegate duties under this PO,or subcontract any part of the
(collectively"materials")delivered by vendor in performance of its performance required under this PO,without the express,written
obligations under this PO shall be the exclusive property of buyer. consent of buyer This 1'0 shall inure to the benefit island be binding
Ownership rights shall include.but not be limited to.the right to copy, upon vendor and buyer and their respective successors and assigns.
publish,display,transfer,prepare derivative%%arks,or otherwise use Assignment of accounts receivable ma} he made only upon written
the materials.Vendor shall comply with all applicable Cyber Security notice furnished to buyer.
Policies of the State of Colorado(the"State"),or buyer,as applicable, indemnification.Iran)article sold or deliscred under this PC
and all confidentiality and non-disclosure agreements,security controls, coser by a patent,copyright,trademark.or application th ore,
and reporting requirementsvendor s m indemnify and hold harmless buyer from • and all loss,
6.Quality.Buyer shall he the sok judge in determining"equals"with liability,cost, • •nses and legal fees incurred o s . count of any
regard to quality,price and performance. All products delivered shall claims,legal actio • mr judgments arising a (manufacture.sale or
be newly manufactured and the current model,unless otherwise use of such article in v . tion or infr'._ rent of rights under such
specified. patent,copyright,trademar r s• [cation.If this PO is for services,
7.Warranties.All provisions and remedies of the Colorado Uniform vendor shall indemnify.ss • , s _ hold harmless buyer,its employees
Commercial Code,CRS,Title 4("CUCC").relating to implied and/or and agents,against a and all chain damages,liability and court
express warranties are incorporated herein,in addition to any awards includi s; •osis,expenses,and a cy fees and related
warranties contained in this PO or the specifications expenses ' urred as a result of any act or or ' sion b} vendor,or its
N.Inspection and Acceptance.Final acceptance is contingent upon em ees,agents,subcontractors or assignees,a ' 'ng out of or in
completion of all applicable inspection procedures. If products or nnection with performance of services under this P:.
ser ices fail to meet any inspection requirements.buyer may exercise 15.Independent Contractor.Vendor shall perform its duties
all of its rights,including those provided in the CC CC Buyer shall hereunder as an independent contractor and not as an employee.
have the tight to inspect services provided under this PO at all Neither vendor nor any agent or employee of vendor shall be deemed to
reasonable times and places."Services"as used in this section includes be an agent or employee of buyer.Vendor and its employees and agents
services performed or tangible material produced or delivered in the are not entitled to unemployment insurance or workers compensation
performance of services.If any of the services do not conform to PO benefits through buyer and buyer shall not pay for or otherwise provide
requirements,buyer may require vendor to perform the services again such coverage for vendor or any of its agents or employees.
in conformity with PO requirements,without additional payment Unemployment insurance benefits will be available to vendor and its
Effective Date 01/01/09
employees and agents only if coverage is made available by vendor or a 23.Fund Availability.Financial obligations of buyer payable after the
third party.Vendor shall pay when due all applicable employment, current fiscal year are contingent upon funds for that purpose being
income,and local head taxes incurred pursuant to this PO.Vendor shall appropriated,budgeted and otherwise made available.If this PO is
not have authorization,express or implied,to bind buyer to any funded in whole or in part with federal funds,this PO is subject to and
agreement,liability or understanding,except as expressly set forth contingent upon the continuing availability of federal funds for the
herein.Vendor shall(a)provide and keep in force workers' purposes hereof.Buyer represents that it has set aside sufficient funds
compensation and unemployment compensation insurance in the to make payment for goods delivered in a single installment,in
amounts required by law,(b)provide proof thereof when requested by accordance with the terms of this PO.
buyer,and(c)be solely responsible for its acts and those of its 24.Choice of Law.State laws,rules and regulations shall be applied in
employees and agents. the interpretation,execution,and enforcement of this PO.The CUCC
16.Communication.All communication concerning administration of shall govern this PO in the case of goods unless otherwise agreed in
this PO,prepared by vendor for buyer's use,shall be furnished solely to this PO.Any provision included or incorporated herein by reference
purchasing agent. which conflicts with such laws,rules,and regulations is null and void.
17.Compliance.Vendor shall strictly comply with all applicable Any provision incorporated herein by reference which purports to
federal and state laws,rules,and regulations in effect or hereafter negate this or any other provision in this PO in whole or in part shall
established,including,without limitation,laws applicable to not be valid or enforceable or available in any action at law,whether by
discrimination and unfair employment practices. way of complaint,defense,or otherwise. Unless otherwise specified in
18. Insurance.Vendor shall obtain,and maintain,at all times during the solicitation or this PO,venue for any judicial or administrative
the term of this PO,insurance as specified in the solicitation,and action arising out of or in connection with this PO shall be in Denver,
provide proof of such coverage as requested by purchasing agent. Colorado.Vendor shall exhaust administrative remedies in CRS§24-
19.Termination Prior to Shipment. If vendor has not accepted this 109-106,prior to commencing any judicial action against buyer.
PO in writing,buyer may cancel this PO by written or oral notice to 25.Public Contracts for Services. [Not Applicable to offer,issuance,
vendor prior to shipment of goods or commencement of services. or sale of securities,investment advisory services, fund management
20.Termination for Cause.(a)If vendor refuses or fails to timely and services,sponsored projects,intergovernmental POs,or information
properly perform any of its obligations under this PO with such technology services or products and services]Vendor certifies,
diligence as will ensure its completion within the time specified herein, warrants,and agrees that it does not knowingly employ or contract with
buyer may notify vendor in writing of non-performance and,if not an illegal alien who will perform work under this PO and will confirm
corrected by vendor within the time specified in the notice,terminate the employment eligibility of all employees who are newly hired for
vendor's right to proceed with the PO or such part thereof as to which employment in the United States to perform work under this PO,
there has been delay or a failure.Vendor shall continue performance of through participation in the E-Verify Program or the Department
this PO to the extent not terminated and be liable for excess costs program established pursuant to CRS§8-17.5-102(5)(c),Vendor shall
incurred by buyer in procuring similar goods or services elsewhere. not knowingly employ or contract with an illegal alien to perform work
Payment for completed services performed and accepted shall be at the under this PO or enter into a contract or PO with a subcontractor that
price set forth in this P0.(b)Buyer may withhold amounts due to fails to certify to vendor that the subcontractor shall not knowingly
vendor as buyer deems necessary to reimburse buyer for excess costs employ or contract with an illegal alien to perform work under this PO.
incurred in curing,completing or procuring similar goods and Vendor shall(a)not use E-Verify Program or Department program
services.(c)If after rejection,revocation,or other termination of procedures to undertake pre-employment screening of job applicants
vendor's right to proceed under the CUCC or this clause,buyer during performance of this PO,(b)notify subcontractor and buyer
determines for any reason that vendor was not in default or the delay within three days if vendor has actual knowledge that subcontractor is
was excusable,the rights and obligations of buyer and vendor shall be employing or contracting with an illegal alien for work under this PO,
the same as if the notice of termination had been issued pursuant to (c)terminate the subcontract if subcontractor does not stop employing
termination under§21. or contracting with the illegal alien within three days of receiving
21.Termination in Public Interest.Buyer is entering into this PO for notice,and(d)comply with reasonable requests made in the course of
the purpose of carrying out the public policy of the State,as determined an investigation,undertaken pursuant to CRS§8-17.5-102(5),by the
by its Governor,General Assembly,and Courts.If this PO ceases to Colorado Department of Labor and Employment.If vendor participates
further the public policy of the State,buyer,in its sole discretion,may in the Department program,vendor shall deliver to the buyer a written,
terminate this PO in whole or in part and such termination shall not be notarized affirmation that vendor has examined the legal work status of
deemed to be a breach of buyer's obligations hereunder.This section such employee,and shall comply with all of the other requirements of
shall not apply to a termination for vendor's breach,which shall be the Department program.If vendor fails to comply with any
governed by§20. Buyer shall give written notice of termination to requirement of this provision or CRS §8-17.5-101 et seq.,buyer may
vendor specifying the part of the PO terminated and when termination terminate this PO for breach and,if so terminated,vendor shall be
becomes effective.Upon receipt of notice of termination,vendor shall liable for damages.
not incur further obligations except as necessary to mitigate costs of 26.Public Contracts with Natural Persons.Vendor,if a natural
performance.For services or specially manufactured goods,buyer shall person eighteen(18)years of age or older,hereby swears and affirms
pay(a)reasonable settlement expenses,(b)the PO price or rate for under penalty of perjury that he or she(a)is a citizen or otherwise
supplies and services delivered and accepted,(c)reasonable costs of lawfully present in the United States pursuant to federal law,(b)shall
performance on unaccepted supplies and services,and(d)a reasonable comply with the provisions of CRS§24-76.5-101 et seq.,and(c)has
profit for the unaccepted work.For existing goods,buyer shall pay(e) produced a form of identification required by CRS §24-76.5-103 prior
reasonable settlement expenses,(f)the PO price for goods delivered to the date vendor delivers goods or begins performing services under
and accepted,(g)reasonable costs incurred in preparation for delivery terms of the PO.
of the undelivered goods,and(h)a reasonable profit for the preparatory
work.Buyer's termination liability under this section shall not exceed
the total PO price plus a reasonable cost for settlement expenses.
Vendor shall submit a termination proposal and reasonable supporting
documentation,and cost and pricing data as required by CRS§24-106-
101,upon request of buyer.
22.PO Approval.This PO shall not be valid unless it is executed by
purchasing agent. Buyer shall not be responsible or liable for products
or services delivered or performed prior to proper execution hereof.
Effective Date 01/01/09
tel STATE HISTORICAL FUND
PAYMENT REQUEST AND FINANCIAL REPORT FORM(ATTACHMENT 1)
STEP 1)General Information:
Project# Project Title:
Grant Recipient: Grant Recipient Contact:
Instructions: Use this form to request a payment and report expenses for your project. Indicate the payment you are requesting by
checking the box below.Report payments for work on the project since your last payment request.Include a completed Certification of
Expenditures form when submitting an interim or final financial report.
Step 2) Payment Request:Check Only One Box
Advance Payment 1111s'Interim Payment ❑2°d Interim Payment Ofappkicable) ❑Final Payment ❑Easement Payment
Guidelines:Work must begin within 2 weeks of receipt of an Advance Payment.Previously advanced funds must be substantially
expended(40%or more)prior to receiving an Interim Payment.Final payment is a reimbursement ONLY.Please refer to Exhibit C of
your contract for payment amounts and deliverables due before submitting a payment request.Contingency funds will be added to
payments based on prior approval.Include a copy of the Easement Fee invoice when requesting an Easement Payment.
Step 3) Financial Report:
Award Amount 1 $ Award Ratio Grant Funds: %/Cash Match:
PAYEE NAME BUDGETED TASK DATE WARRANT or AMOUNT PAID
as listed in Exhibit B of Contract PAID CI IECK#
I hereby certify that all expenses reported above have been PAID and that all of 1"Interim Financial Report Total
the information is correct and that any false or misrepresented information may 2nd Interim Financial Report Total
require immediate repayment of any or all funds.
Final Financial Report Total
Project Total
Step 4)Additional Information: ti'. ._� ':':':';•:'�'�.... :•'
Estimate:Project is %Complete DO NOT WRITE IN THIS AREA ti•
Interest Earned:$
❑Certification of Expenditures Form(COE) form included Reviewed
} Quality Check
Step 5) Signature: 4.4
.;
• Approved for Payment •'
•
Grant Recipient/Project Director Signature Date .+
I L\Manuals\Contracts Manuals\Most Current Grant Packet Information\1.kit Side\Pay Request and Financial Report Form-Rev 05-2013.doc