HomeMy WebLinkAbout07171ORDINANCE NO. 7171
AN ORDINANCE BUDGETING AND APPROPRIATING AN INCREASE OF $7,750 TO THE
GOODNIGHT BARN ACQUISITION CAPITAL IMPROVEMENT FUND, PROJECT NO. PL0206
AND APPROVING AN AMENDMENT TO THE AUGUST 1, 2003 AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO
RELATING TO THE ACQUISITION OF THE GOODNIGHT BARN, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
WHEREAS, City Council has entered into a Contract with the State of Colorado for the use
and benefit of the Department Of Higher Education, Colorado Historical Society for the Goodnight
Barn Acquisition (Ordinance No. 7010).
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Capital Improvement Project No. PI-0206, Goodnight Barn Acquisition Project, is hereby
budgeted and appropriated an increase of $7,750 to the 2004 Capital Budget.
SECTION 2_
The Amendment to the Agreement, dated August 1, 2003, between the City of Pueblo, a
Municipal Corporation, and the State of the Colorado for the Goodnight Barn Acquisition increasing
the funding from the State of Colorado by $7,750, a copy of which is attached hereto, having been
approved as to form by the City Attorney, is hereby approved.
INTRODUCED June 28, 2004
BY Michael Occhiato
Councilperson
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM 0
DATE: JUNE 28, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /CATHY GREEN
TITLE
AN ORDINANCE BUDGETING AND APPROPRIATING AN INCREASE OF $7,750 TO
THE GOODNIGHT BARN CAPITAL IMPROVEMENT FUND, PROJECT NO. PLO206 AND
APPROVING AN AMENDMENT TO THE AUGUST 1, 2003 AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF
COLORADO RELATING TO THE ACQUISITION OF THE GOODNIGHT BARN, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
ISSUE
Should the City Council approve an increase of $7,750 to the Goodnight Barn Capital
Improvement Project No. PLO208 and approve an amendment to the August 1, 2003
agreement between the City of Pueblo and the State of Colorado increasing the funding
from the State of Colorado by $7,750 and authorizing the President of City Council to
execute the amendment?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
On August 1, 2003, the City entered into an agreement with the State of Colorado to
receive $165,000 in State Historic Funds to assist with the purchase of the Goodnight
Barn. As a condition of the grant agreement, the City of Pueblo was required to grant a
conservation easement to the Pueblo County Historical Society (PCHS). The conservation
easement requires PCHS to be responsible for monitoring the condition of the barn
structure and the City's compliance with the terms of the conservation easement. The
State of Colorado is increasing the amount of the grant to the City by $7,750 and those
funds would be passed on to the Pueblo County Historical Society to assist with their
monitoring costs. The amendment will increase the State of Colorado's grant to the City to
a total of $172,750.
FINANCIAL IMPACT
The Goodnight Barn Capital Improvement Project No. PLO206 will be increased by $7,750
to a total of $172,750 and no additional matching funds would be required from the City.
Form 6- AC -02A (85/91)
D"Meat or Agency name
Colorado Historical Society
Department or Agency number
GCA
Routing Number
APPROVED WAIVER FORM - Amendment
#37 -ESMT
CONTRACT AMENDMENT #2002 -02 -027 B
THIS AMENDMENT, made this 1 b day of A I U Ow 1 by and between the State of
Colorado for the use and benefit of the Department of Hiopr tducation, Colorado Historical Society, 1300 Broadway,
Denver, Colorado 80203, hereinafter referred to as the State and/or the Society, and the City of Pueblo,1 City Hall Place,
Pueblo, Colorado 81003, hereinafter referred to as the Contractor,
FACTUAL RECITALS
Authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient
unencumbered balance thereof remains available for payment; and
Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and
The Parties entered into a contract dated August 1, 2003, (the "Original Contract'), for SHF Project #2002 -02 -027,
wherein the Contractor agreed to undertake the performance of certain work and services in consideration for which the State
agreed to make certain payments; and
The Grant Amount is being increased to include payment for the creation and transfer of an easement on the property
title; and
The term of the contract is extended because the Contractor, through no fault of their own, is unable to complete the
project as required within the specified contract period as a result of unforeseen delay; and
The State and the Contractor both wish to bring the project to completion in order to fulfill the objectives of the
Original Contract.
NOW THEREFORE, it is hereby agreed that:
1. Consideration for this amendment t o the original contract, C.E. Numbe 0202027, Contract Routing Number N/A
Approved Waiver Form dated August 1, 2003, consists of the payments which shall be made pursuant to this
amendment and the promises and agreements herein set forth.
2. It is expressly agreed by the parties that this Amendment is supplemental to the original contract, as amended Number
#2002 -02 -027, dated August 1, 2003, referred to as the "original contract," which is, by this reference incorporated
herein, that all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this
amendment as though they were expressly rewritten, incorporated, and included herein.
3. It is agreed the original contract is and shall be modified, altered, and changed in the following respects only:
a. Provision 44 of the original contract, CONTRACT EFFECTIVE DATE, the term of the contract is EXTENDED
from April 30, 2005 to April 30, 2006.
b. Provision 45 of the original contract, COMPENSATION AND METHOD OF PAYMENT, the original grant
amount of $165,000.00 is increased by seven thousand, seven hundred fifty dollars ($7,750) to an amended total
not to exceed one hundred seventy two thousand, seven hundred fifty dollars ($172,750) as reflected in the attached
Revised Exhibit B: Budget and Revised Exhibit C: List of Submittals.
Pagel of 3
c. EASEMENT: The provisions in the following paragraph are hereby incorporated into this agreement:
1. Grantee shall place or cause to be placed on the property title a perpetual easement, which easement shall be
transferred to an organization qualified to hold easements of this kind under Section 170(h)(3) of the Internal
Revenue Code and Internal Revenue Service Regulations, Section 1.170A -14 (c).
2. The easement shall, at a minimum, prohibit any alteration of the premises, which would affect the exterior
appearance of the property unless first authorized by the easement holding organization with appropriate
exceptions to permit routine maintenance. Other necessary language shall protect the interests of the easement
holding organization in the event of damage to the property, and shall further require that the easement be
transferred to a similar organization in the event that the selected organization becomes unable for any reason to
perform its obligations pursuant to the easement agreement.
3. Grantee agrees that the easement form and any associated costs shall be subject to the approval of the State.
4. Subsequent to its transfer, this easement shall remain in place in accordance with the terms of the easement
agreement, and no action taken by the State to recapture all or any portion of the grant award pursuant to
Paragraph 18: Recapture and Other Remedies Against Property Owner of the Original Contract.
4. The effective date of this amendment is upon approval of the State Controller or June 28, 2004, whichever is later.
5. Except for the "Special Provisions," in the event of any conflict, inconsistency, variance or contradiction between the
provisions of this Amendment, and any of the provisions of the Original Contract, the provisions of this Amendment,
shall in all respects supersede, govern, and control. The "Special Provisions" shall always be controlling over other
provisions in the contract or amendments. The representations in the Special Provisions concerning the absence of
bribery or corrupt influences and personal interest of State employees are presently reaffirmed.
6. 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.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above written.
CONTRACTOR:
(Grant Recipient)
STATE OF COLORADO
Bill Owens, GOVERNOR
City of Pueblo
Legal Name of Contracting Entity
84- 6000615 J
Social ecurity Number or FEIN
Signature
p
Authorized Officer
Randy Thurston
President of City Council
Print Name & Title of Authorized Officer
CORPORATIONS;
(A corporate attestation is required.)
(Place corporate seal here, if available)
Attest (Seal) By
(Corporate Secretary or valent, or Town/City/County Clerk)
U Executive Director
Georgianna Contiguglia, President
Colorado Historical Society
Department of Higher Education
STATE HISTORICAL FUND
By
Mark Wolfe, Director
LEGAL REVIEW:
ATTORNEY GENERAL, Ken Salazar
BY:
dr
Glori . M
Contracts JDfficer, State Historical Fund
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor
is not authorized to begin performance until the contract is signed and dated below. If performance
- — - - - - -begins-prior to-the date belaw,4he -State efCokarado- may- wt- beobligated -tapay for goods - and /or- - - - - - - - -
services provided.
State Controller
Appshap 16c —.0-4 1" /ii A1. SheneoWoc
,�� BY:
Susan S. Riehl
CHS, Chief Financial Officer
Date:
Effective Daze: April 1, 2004
X:\Gifts\Template\l5l303l9L.doc
Easement: Contract Amendment
Page 3 of 3
City of Pueblo Exhibit B
Building Acquisition Revised 6/08/2004
Project #2002-02-027
PROJECT BUDGET
*May not be used on other tasks. May not exceed $7,750.
H:\Contracts\2002 \0202027 Amended Exhibit B.doc
Page 1 of 1 page
GRANT
CASH
PROJECT
TASK
REQUEST
MATCH
TOTAL
Real Estate Appraisal
$4,050
$950
$5,000
Environmental Review Report
$0
$3,500
$3,500
Subdivision Exemption Plat
$0
$10,000
$10,000
(includes survey)
Title Insurance and Closing Costs
$0
$500
$500
Property Purchase
$153,150
$31,850
$185,000
Goodnight Barn - Historic Site Inventory
$7,800
$4,200
$12,000
Interpretation Plan Design
$0
$4,000
$4,000
Sub Total
$165,000
$55,000
$220,000
Easement Fee
$7,750
0
$7,750
PROJECT TOTALS
$172,750*
$55,000
$227,750
*May not be used on other tasks. May not exceed $7,750.
H:\Contracts\2002 \0202027 Amended Exhibit B.doc
Page 1 of 1 page
City of Pueblo Exhibit C
Building Acquisition Revised 610812004
Project # 2002 -02 -027
Contract Period August 1, 2003 through April 30, 2006
LIST OF SUBMITTALS
Project Reports
Project Reports
Due Date
Society Response
a.
Payment request form (Attachment 1).
N/A
Review and Approve.
Deliverables 4 and 5 below must be received
Advance payment of
and approved before Advance payment is
award $153,150
made.
Not received. Deleted
c.
Progress Report # 2
Received 3/18/2004
Reviewed
d.
Progress Report # 3
July 1, 2004
Review*
e.
Progress Report #4
November 1, 2004
Review*
f.
Progress Report # 5
March 1, 2005
Review*
g.
Progress Report # 6
July 1, 2005
Review*
h.
Progress Report # 7
November 1, 2005
Review*
I.
Final Financial Report (Attachment 1)
November 1, 2005
Review and Approve.
Final payment of grant
award $11,850
j.
Payment Request form (Attachment 2) &
November 1, 2005
Review and Approve.
Invoice for Easement Payment
Easement fee $7,750
*At the discretion of the SHF technical staff, progress reports may not receive a response.
"Items highlighted In bold have not been received for review or have not received full approval by SHF
technical staff.
PROJECT DELIVERABLES
• Deliverable 1 must be scheduled and held before project can start.
• Deliverable 9 must be scheduled and held before interpretive sign /planning activities start.
• Deliverables 10 -12 must be reviewed and approved by the SHF Historic Preservation Specialist
assigned to this project before sign is manufactured.
Submit the following Project Deliverables in sequence.
Project Deliverables Socletv Response
1. Initial consultation with SHF Historic Preservation Specialist assigned
to this project (within 45 days of contract start date) Review /Comment and or Approve
2. Resume of Historical Archaeologist Review /Comment and or Approve
3. Research Design Review /Comment and or Approve
4. Good Faith Estimate Review /Comment and or Approve
Page 1 of 2 pages
City of Pueblo
Building Acquisition
Project # 2002 -02 -027
Contract Period August 1, 2003 through April 30, 2006
Exhibit C
Revised 6/08/2004
S.
Copy of Appraisal
Review /Comment and or Approve
6.
Copy of (replat) verification of legal description of eligible property.
Review /Comment and or Approve
7.
Representative sample of draft Inventory Forms (including photographs)Review /Comment and or Approve
8.
Final of Inventory Forms & draft of Survey Report (including map)
Review /Comment and or Approve
9.
Final of Survey Report (including management recommendations)
Review /Comment and or Approve
10.
Interim consultation with SHF Historic Preservation Specialist assigned
to this project
Review /Comment and or Approve
11.
Draft of Interpretive sign narratives and associated photographs
(if any are to be used)
Review /Comment and or Approve
12.
Plans & Specifications for interpretive sign design
Review /Comment and or Approve
13.
Camera -ready draft of interpretive sign panel
Review /Comment and or Approve
14.
Draft of conceptual interpretation plan for byway pull -off
Review /Comment and or Approve
15.
Final conceptual interpretation plan for byway pull -off
Review /Comment and or Approve
16.
"After" photos of completed and installed interpretive sign
Review /Comment and or Approve
17.
Copy of "Environmental Review" report
Review /Comment and or Approve
18.
Signed, recorded perpetual easement (designated site only)
Review /Comment and or Approve
H: \Contracts\2002 \0202027 Amended Exhibk C.doc
Page 2 of 2 pages