HomeMy WebLinkAbout07219ORDINANCE NO. 7219
AN ORDINANCE BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $67,500,
AUTHORIZING THE TRANSFER OF THE CITY'S REQUIRED MATCH OF $22,500 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUND CD0402, APPROVING A GRANT
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,
COLORADO HISTORICAL SOCIETY RELATING TO THE NORTHSIDE HISTORIC DISTRICT
BUILDING SURVEY AND INVENTORY, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL
TO EXECUTE 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 and cultural heritage; and
WHEREAS, the City's application for Community Development Block Grant funds entitled
"Historic Preservation Commission — Survey" was approved for funding beginning March 1, 2004; and
WHEREAS, the City of Pueblo has received a grant from the Colorado Historical Society to
fund the Northside Historic District Building Survey, subject to the execution of a Contract; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
The grant Contract and Attachments between the City of Pueblo, a municipal corporation and
the State of Colorado for the use and benefit of the Department of Higher Education, Colorado
Historical Society, relating to the Northside Historic District Building Survey and Inventory (Colorado
Historical Society Project #2005 -01 -041 Building Survey), copies of which are attached hereto and
incorporated herein, having been approved as to form by the City Attorney, are hereby approved.
SECTION 2
The President of the City Council is hereby authorized to execute and deliver said Contract, in
the name of and on 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 $67,500 are hereby budgeted and appropriated for this project. The
amount of $22,500 is authorized for expenditure from Project CD0402 for City's required match.
INTRODUCED October 12, 2004
BY Robert D. Schilling
Councilperson
Background Paper for Proposed
ORDINANCE
AGENDA ITEM #:% I t,
DATE: October 12, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /JIM MUNCH
TITLE
AN ORDINANCE BUDGETING AND APPROPRIATING FUNDS IN
THE AMOUNT OF $67,500, AUTHORIZING THE TRANSFER OF
THE CITY'S REQUIRED MATCH OF $22,500 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUND CD0402, APPROVING A
GRANT CONTRACT 13ETWIEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE STATE OF COLORADO
FOR THE USE AND BENEFIT OF THE DEPARTMENT OF
HIGHER EDUCATION, COLORADO HISTORICAL SOCIETY
RELATING TO THE NORTHSIDE HISTORIC DISTRICT BUILDING
SURVEY AND INVENTORY, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
LE
Should the City Council budget and appropriate $67,500 from State Historic Fund
Grant Project #2005-01 -041 and providing the match of $22,500 from Community
Development Block Grant Project CD0402, and approve the contract between
the City of Pueblo and the Colorado Historical Society for the Northside Historic
District Building Survey and Inventory, and authorize the President of City
Council to execute the contract?
REC
Approve the Ordinance.
The City will be committing to complete a historic building survey for 300 sites
identified in the Phase I survey area in the north side of Pueblo. The retained
consultant will facilitate a kick -off meeting, document 300 buildings in the Phase I
survey area through fieldwork which produces architectural descriptions, black
and white photographs, and locations on a base map; conduct research on the
history of the chosen 300 properties; consult with the national register historians
at the Colorado Historical Society; complete and submit inventory forms and a
survey report; and present the survey results at a community meeting.
The budget for Phase I is $90,000, which includes the following funding sources:
$67,500 Colorado Historical Society
$22,500 City of Pueblo
$90,000 TOTAL COST
FINANCIAL IMPACT
The City of Pueblo will receive 40°x6 of the $67,500 grant award at the beginning
of the project, another 50°x6 mid -way through the project, and the final 10% upon
completion of the project. The project will be budgeted and appropriated as a
new capital project. The City's $22,500 cash match will come from the approved
Community Development Block Grant Project CD0402.
Form (R 5/98)
CONTRACT
THIS CONTRACT, Made this day of , '�Q a , by and between the State of
Colorado for the use and benefit of the Department of Higher Education, 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 ",
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for encumbering and subsequent payment of this Contract under Encumbrance
Number L+511� Fund Number 401, Appropriation Account 401 and Organization SHFG; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS, Article 12 -47.1 -1201 of the Colorado Revised Statues and Subsection (5) (b) (III) of Section 9 of Article XVIII of the state
constitution, provide for the annual distribution of monies from the State Historical Fund; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award for acquisition
and development projects, survey and planning projects, and education projects; and
WHEREAS, this Contract (hereinafter "Contract" or "Agreement ") sets forth the Scope of Work, Budget and List of Submittals, hereinafter
referred to as the "Project ",
NOW THEREFORE, it is hereby agreed that:
1. The Contractor shall use funds subject to this Contract in support of Project #2005 -01 -041 "Building Survey ". In
accordance with the Scope of Work attached hereto as Exhibit A, including all applicable plans and specifications
developed prior to or during the contract period, which are hereby made a part of this Contract by reference.
2. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the deliverables
listed in Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standards for
Archaeology and Historic Preservation. Contractor shall perform any and all survey activities and submittals in
accordance with the Survey Manual and How to Complete Colorado Cultural Resource Inventory Forms, Volumes 1 and
II, June 1998 (Revised December 2001) for any and all survey activities and projects (copies of which are available
through the Society).
3. RIGHT OF USE: All copyrightable materials and/or submittals developed or produced under this contract are subject to a
royalty -free, nonexclusive, and irrevocable license to the Society to reproduce, publish, display, perform, prepare
derivative works or otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works,
or otherwise use, the work or works for Society and/or State Historical Fund purposes. d
4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from November & through May 31,
2006.
The performance of the work must be commenced within sixty (60) days of the Contract beginning date unless a longer
period is approved in writing by the State Historical Fund Administrator. The performance of the work must be completed
no later than thirty (30) days prior to the Contract ending date.
5. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject
to on time delivery of completion of the milestones contained in the List of Submittals set forth in Exhibit C, the State
shall pay to the Contractor a grant not to exceed sixty seven thousand, five hundred dollars ($67,500.00).
Page 1 of 6
Unless otherwise specified in Exhibit C, the State shall advance forty- percent (40 %) of the total grant amount upon proper
execution of this contract and upon submission of a SHF Payment Request, fifty- percent (50 %) will be paid to the
Contractor upon submission and approval of the Interim SHF Financial Report. The remaining ten - percent (10 %) of the
grant amount shall be paid following Contractor's submission and the State's approval of the Final SHF Financial Report
and SHF Payment Request Form (Attachments 1 and 2). All payments are subject to the satisfactory completion of
milestones described in Exhibit C and submission by Contractor of either documented proof or certification of
expenditures with each financial report.
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 SHF may allow prior expenditures in furtherance of the Scope
of Work 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
SPATE. CONTRACTOR REPRESENTS THAT IT HAS OR SHALL 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 THE EXTENT REQUIRED BY LAW, AND FOR ENSURING
THAT ALL SUBCONTRACTORS MAINTAIN SUCH INSURANCE. THE CONTRACTOR SHALL PAY WHEN
DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING. ALL OF THE SERVICES
REQUIRED HEREUNDER SHALL BE PERFORMED BY THE CONTRACTOR OR UNDER Its SUPERVISION.
9. REPRESENTATIVES AND NOTICES: All notices required to be given by the parties hereunder shall be given by
certified or registered mail to the individuals at the addresses set forth below, who are also the designated representatives
for the project. Any party may from time to time designate in writing substitute addresses or persons to whom such
notices shall be sent.
To the State: Gloria J. Muniz
Contracts Officer
Colorado Historical Society
State Historical Fund
225 East 16 Avenue, Suite 950
Denver, Colorado 80203 -1620
To the Contractor: Mr. David Cockrell
Preservation Planner
City of Pueblo
1 City Hall Place
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 ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide the Society with copies
of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by the
Society. The Contractor agrees to otherwise restrict access to such archaeological surveys, as well as access to any other
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information concerning the nature and location of archaeological resources, in strict accordance with the provisions of the
Colorado Historical Society, Office of Archaeology and Historic Preservation, Dissemination of Cultural Resource;
Policy and Procedures, adopted October 1991 (Revised Nov. 2002), a copy of which is available from the Society.
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 Q.
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.
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 par by a State Historical Fund grant
from the Colorado Historical Society." In addition, the Society 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 the Colorado Historical Society".
16. REMEDIES: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise
available at law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or
perform the duties and obligation in this Contract. Substantial failure to satisfy the duties and obligations shall be defined
to mean significant, insufficient, incorrect, or improper performance, activities, or inaction by the Contractor. These
remedial actions are as follows:
a. Suspend the Contractor's performance pending necessary corrective action as specified by the State without
Contractor's entitlement to adjustment in price /cost or schedule; and /or
b. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed
in accordance with the Standards, the SHE 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 Stale 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, the
Society 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 the Society. The Society 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
Page 3 of 6
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 theContractor, 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 Slate 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 previously made. Provided, however, that if less than sixty percent (60 %) of the
project covered by this Contract has been completed upon the effective date of such termination, the Contractor shall be
reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise
reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to
the uncompleted portion of the project covered by this Contract. If this Contract is terminated due to the fault of the
Contractor, Paragraph 18 hereof relative to termination shall apply.
20. CHANGES: This Contract is intended as the complete integration of all understandings between the parties, at this time,
and no prior or contemporaneous addition, deletion, or other amendment hereto, including an increase or decrease in the
amount of monies to be paid to the Contractor, shall have any force or effect whatsoever, unless embodied in a written
contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules.
Notwithstanding this provision, modifications to Exhibit A (Scope of Work) and/or to Exhibit C (List of Submittals) may
be approved by letter of agreement, agreed to in writing by all parties, providing that no such letter of agreement may
alter either the total amount of funds payable under the contract, as set forth in Paragraph 5, or the contract period, as set
forth in Paragraph 4, unless such changes are embodied in a written contract amendment executed and approved pursuant
to the State's Fiscal Rules.
21. CONFLICT OF INTEREST: Contractor agrees not to engage in any conduct, activity, or transaction related to
this contract which would constitute a conflict of interest under any applicable State or Federal law.
22. COMPLIANCE WITII 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. SEVERABILITY: 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.
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(For Use Only with Inter - Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may
designate.
2. FUND AVAILABILITY. CRS 24 -30 -202 (5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability
and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees,
agents, subcontractors, or assignees pursuant to the terms of this contract.
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,
protection, or other provisions for the parties, 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.
4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE
CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE.
CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE
STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY
FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY
AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE
WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION
INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND
AGENTS.
5. NON - DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair
employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and
enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by
any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void.
Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in
part shall 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 will not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and
regulations that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in
violation of United State copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract
and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State
determines that the Contractor is in violation of the paragraph, the State may exercise any remedy available at law or equity or under this
Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or
applicable licensing restrictions.
8. EMPLOYEE FINANICAL INTEREST. CRS 24 -18 -201 & CRS 24 -50 -507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the
service or property described herein.
Effective Date: April 1, 2004
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO
(Grant Recipient) Bill Owens, GOVERNOR
City of Pueblo
Legal Name of Contracting Entity OF
BY:
Executive Director
i _84..6000615 J
or FEIN
Georgianna Contiguglia, President
Colorado Historical Society
Department of Higher Education
Signature of Authorized Officer
Reddy Thurston
Print Name & Title of uthorized Officer
STATE � HIISTORICA L FUND l
By 1 ,, CLA4
Mark Wolfe, Director
CORPORATIONS:
(A corporate attestation is required.)
Place corporate seal here, if available
LEGAL REVIEW:
ATTORNEY GENERAL, Ken Salazar
Attest (Seal) By
(Corporate Secretary or Eq alent, or Town/City /County Clerk)
BY: .
GI r' . M iz
Contracts fficer, 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 below, the State of Colorado may not be obligated to pay for goods and/or
services provided.
State Controller
Leslie M. Shenefelt
BY
Su 4IRiehl
CHS, Chief Financial Officer
Date: ��A /��
Effective Date. April 1, 2004
X: \Gifts\Doc=ent \091 S 2107.doc
Approval/Contract D
Page 6 of 6
City of Pueblo Exhibit A
Building Survey
Project #2005 -01 -041
SCOPE OF WORK
I. Project Purpose: The purpose of this project is to conduct a survey of 300 sites identified in the
Phase I survey area in Pueblo, Colorado
II. Scope of Work is as follows:
1. Facilitate a kickoff meeting in the community to explain the survey process, to answer
questions, and to receive suggestions about local sources of information.
2. Document 300 buildings in the Phase I survey area through fieldwork which produces
architectural descriptions, black and white photographs, and locations on a base map.
Color slides will also be prepared for use in final public meeting.
3. Conduct research on the history of the chosen 300 properties, and, where necessary,
contact current and former owners and longtime residents regarding the histories of
buildings.
4. Consult with the national register historians at the Colorado Historical Society Office of
Archaeology and Historic Preservation regarding evaluations of eligibility.
5. Complete and submit two sets of the appropriate OAHP Inventory forms with associated
photographs.
6. Submit a draft survey report, per the current OAHP survey manual for review by the national
register historians at the OAHP.
7. Submit a representative sample of 10 draft survey forms for review by OAHP staff.
8. Incorporate review comments into the final survey report by the State Historical Fund and
submit two copies to the SHF for review. Provide the form database in MS Access and the
survey report in MS Word to the City of Pueblo on CD -ROM.
9. Present survey result at a community meeting near the conclusion of the project.
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.
HAContracts\2005 \0501041 Exhibit A.doc
Page 1 of 1 page
City of Pueblo
Building Survey
Project #2005-01-041
Exhibit B
PROJECT BUDGET
TASK
Labor
Research, Fieldwork, and Form Preparation
for 250 Colorado Historical Society Architectural
inventory Forms
Meetings /Consultation
Photography, including multiple views of 250
properties and labeling of photographs
Preparation of Final Survey Report
Expenses
Film and film processing and prints (60 rolls of film)
Archival Storage Sheets
Copies and USGS map
`Mileage
*Lodging (3 nights)
'Per diem
Telephone
GRANT
REQUEST
CASH PROJECT
MATCH TOTAL
$49,500
$22,500
$72,000
$2,400
$0
2,400
$5,100
$0
$5,100
$6,780
$0
$6,780
$1,944
$0
$1,944
$162
$0
$162
$660
$0
660
$420
$0
$420
$216
$0
216
$288
$0
$288
$30
$0
$30
PROJECT TOTALS $67,500
'All travel cots must be within State /SHF allowable rates.
$22,500 $90,000
H: \Contracts\2005 \0501041 Exhibit B.doc
Page 1 of 1 page
City of Pueblo Exhibit C
Building Survey
Project #2005 -01 -041
Contract Period NovernberX, 2004 through May 31, 2006
LIST OF SUBMITTALS
Project Reports
Project Reports Due Date Society Response
a. Payment request form (Attachment 2). N/A Advance payment of
Deliverables 1 & 2 below must be reviewed award $27,000
and approved before Advance payment is made.
b. Progress Report # 1 March 1, 2005 Review'
c. Interim Financial Report (Attachment 1). March 1, 2005 Review & Approve.
Deliverables 3, 4 & 5 below must be reviewed Interim payment of grant
and approved before Interim payment is made. award $33,750
d. Progress Report # 2 July 1, 2005 Review'
e. Progress Report # 3 November 1, 2005 Review'
f. Final Financial Report (Attachment 1) November 1, 2005 Review & Approve. Final
payment of grant award
$6,750
*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 majority of
advance has been expended and you are ready for the next payment.
PROJECT DELIVERABLES
Submit the following Project Deliverables in sequence.
Project Deliverables Society Response
1. Copy of RFP or RFQ Review /Comment and or Approve
2. Consultant Resume Review /Comment and or Approve
3. Subcontract copy(ies) Review /Comment and or Approve
4. Representative Sample of 10 OAHP Site Forms Review /Comment and or Approve
5. Draft of survey report Review /Comment and or Approve
6. Final OAHP Site Forms Review /Comment and or Approve
7 Final Survey Report per OAHP Guidelines Review /Comment and or Approve
H: \Contracts\2005 \0501041 Exhibit C.doc
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