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HomeMy WebLinkAbout07289ORDINANCE NO. 7289 AN ORDINANCE APPROVING A GRANT CONTRACT FOR $500,000 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS RELATING TO THE PUEBLO - BESSEMER HISTORICAL SOCIETY NEW UTILITY SERVICE, AUTHORIZING THE USE OF $81,288 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUND CD0408 AS THE CITY'S REQUIRED MATCH, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $500,000, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo agrees to serve as contractor for Energy Impact Assistance Fund Grant #4813; and WHEREAS, Bessemer Historical Society's application for Community Development Block Grant funds entitled "Medical /Annex Buildings Improvements" was approved for funding beginning March 1, 2004; and WHEREAS, the City of Pueblo has received a grant from the Colorado Department of Local Affairs to fund the Pueblo- Bessemer New Utility Service (EIAF Grant #4813), 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 Local Affairs, relating to the Pueblo- Bessemer New Utility Service (EIAF Grant #4813), 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 Establish Project PL0504 in the amount of $500,000, budget and appropriate $500,000 for this project from the proceeds of this grant, and use the amount of $81,822 from Project CD0408 as the City's required match. INTRODUCED March 28, 2005 BY Michael Occhiato Councilperson APPROVED: PRESIDENT CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED April 11, 2005 &d� A Qz89 ED Background Paper for Proposed ORDINANCE AGENDA ITEM DATE: March 28, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENTMIM MUNCH TITLE AN ORDINANCE APPROVING A GRANT CONTRACT FOR $500,000 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS RELATING TO THE PUEBLO - BESSEMER HISTORICAL SOCIETY NEW UTILITY SERVICE, AUTHORIZING THE USE OF $81,288 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUND CDO408 AS THE CITY'S REQUIRED MATCH, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $500,000, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve a contract between the City of Pueblo and the Colorado Department of Local Affairs for the Pueblo - Bessemer Historical Society Utilities Service, budget and appropriate $500,000 from EIAF Contract #4813 and provide the required match of $81,288 from Community Development Block Grant Project CD0408, and authorize the President of City Council to execute the contract? Approve the Ordinance. BACKGROUND The Project will consist of a portion of the cost of providing new utility service to the Bessemer Historical Society's facilities at the former CF81 headquarters in the City of Pueblo. As a condition of the grant, the City of Pueblo agrees to extend its lease agreement for the facilities to a total of five years. The grant includes the City's portion of providing new service connections for all utilities, as well as bringing the mechanical, electrical, and plumbing systems into compliance. The City and the Bessemer Historical Society will execute a delegation agreement governing the administration of the grant and improvements, specifying the work tasks of the Bessemer Historical Society, providing for compensation to the Bessemer Historical Society including method of payment, and the terms of agreement. The budget for the City's portion of the improvements is $581,288, which includes the following funding sources: $500,000 Colorado Department of Local Affairs EIAF Grant #4813 81,288 Community Development Block Grant Project CD0408 $581 TOTAL COST FINANCIAL IMPACT The City of Pueblo will receive $50,000 of the grant award within 30 days of the execution of this Contract, $400,000 in interim payments reimbursing the City for actual expenditures made in the performance of this Contract, and the final $50,000 upon completion of the project. The project will be budgeted and appropriated as a new capital project. The City's $81,288 cash match will come from the approved Community Development Block Grant Project CD0408. EIAF #4813 — Pueblo - Bessemer Utilities Cor ract RoutkV s vendors �16 0�8O CFDA s WA GRANT CONTRACT ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM THIS CONTRACT, made by and between the State of Colorado for the use and benefit of the Department of Local Affairs 1313 Sherman Street. Denver, Colorado 80203 hereinafter referred to as the State, and the City of Pueblo 1 City Hall Place Pueblo, Colorado 81103 , 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 unencumbered balance thereof remains available for payment in Fund Number 153, Appropriation Code Number 128, Org. Unit FAAla , GBL_ SM.SR Contract Encumbrance Number F05ULG4813 ; and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist political subdivisions of the state and state agencies that are experiencing social and economic impacts resulting from the development, processing, or energy conversion of minerals or mineral fuels; and WHEREAS, pursuant to sections 34-63 -102, C.R.S., the Local Government Mineral Impact Fund has been created, which fund is administered by the Department of Local Affairs, herein referred to as the "Department" through the Energy and Mineral Impact Assistance program; and WHEREAS, pursuant to section 34- 63- 102(5xax1), C.R.S., the Executive Director of the Department is authorized to make grants from the Local Government Mineral Impact Fund to poffical subdivisions, inducing public schools, for the planning, construction and maintenance of public facilifies and for public services; and WHEREAS, the Contractor, a political subdivision or state agency eligible to receive Energy and Mineral Impact Assistance funding, has applied to the Department for assistance; and WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and WHEREAS, the Executive Director wishes to provide assistance in the form of a grant from the Local Government Mineral Impact Fund to the Contractor for the Project upon mutually agreeable terms and conditions as hereinafter set forth; NOW THEREFORE, it is hereby agreed lhat 1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services," set forth in the attached Exhibit A, herein referred to as the "Project" Costs incurred prior to the date of execution of this Contract by the State Controller or designee shaft not be reimbursed by the State unless specifically allowed in the 'Project Description, Objectives and Requiremenis" section of Exhibit A. 2. Responsible AdministroW. The performance of the services required hereunder shag be under the direct supervision of Jim Munch an employee or agent of the Contractor, who is hereby designated as the responsible administrator of the Project. At any time the Contractor wishes to change the responsible administrator, the Contractor shag propose and seek the State's approval of such replacement responsible administrator. The State's approval shag be evidenced through a Unilateral Contract Amendment to this contract inflated by the State as set forth in paragraph 8.b) of this Contract. Until such time as the State concurs in the replacement responsible administrator, the State may direct that Project work be suspended. 3. Time of Performance. This Contract shag become effective upon the date of proper execution of this Contract by the State Controller or designee. The Project contemplated herein shag commence as soon as practicable after the execution of this Contract and shall be undertaken and performed as set forth in the Time of Performance" section of Exhibit A. Expenses incurred by the Contractor in association with the Project prior to Page 1 of 7 execution of this Contract by the State Controller or designee shag not be considered eligible expenditures for reimbursement by the State unless specifically allowed in the "Project Description, Objectives and Requirements" section of Exhibit A. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract and that completion of the Project shag occur no later than the completion date set forth in the 'Time of Performance" section of Exhibit A. 4. Authority to Enter irto Contract and Proceed with Project. The Contractor assures and warrants that it possesses the legal authority to enter into this Contract The person signing and executing this Contract on behalf of the Contractor does hereby warrant and guarantee that he/she has full authorization to execute this Contract. In addition, the Contractor represents and warrants that it currently has the legal authority to proceed with the Project. Furthermore, if the nature or structure of the Project is such that a decision by the electorate is required, the Contractor represents and warrants that it has held such an election and secured the voter approval necessary to allow the Project to proceed S. Compensation and Method of Payment: Grant. In consideration for the work and services to be performed hereunder, the State agrees to provide to the Contractor a grant from the Local Government Mineral Impact Fund in an amount not to exceed FIVE HUNDRED THOUSAND AND XX/100 Dollars ( $500,000. ). The method and time of payment of such grant funds shall be made in accordance with the "Payment Schedule" set forth it Exhibit A. S. Reversion of Excess Funds to the State. a) Any State funds paid to the Contractor and not expended in connection with the Project shag be remitted to the State upon completion of the Project or a determination by the State that the Project will not be completed. Any State funds not required for completion of the Project will be deobligated by the State. b) It is expressly understood that if the Contractor receives funds from this Contract in excess of its fiscal year spending limit, all such excess funds from this Contract shag revert to the State. Under no circumstances shag excess funds from this Contract be refunded to other parties. 7. Financial Management and Budget. At all times from the effective date of this Contract until completion of the Project, the Contractor shag maintain property segregated accounts of Slate funds, matching funds, and other funds associated with the Project. All receipts and expenditures associated with the Project shag be documented in a detailed and specific manner, and shag be in accordance with the "Budget" section set forth in Exhibit A Contractor may adjust individual budgeted expenditure amounts without approval of the State provided that no budget transfers to or between administration budget categories are proposed and provided that cumulative budgetary fine item changes do not exceed Twenty Thousand Dollars ($20,000.00), unless otherwise specified in the "Budget" section of Exhibit A Any budgetary modifications that exceed these limitations must be approved by the State through a Bilateral Contract Amendment as set forth in Paragraph 8.c). 8. Modification and AmwidrnerrL a) Modification by Operation of Law. This Contract is subject to such modifications as may be necessitated by changes in federal or state law or requirements. Any such required modifications shag be incorporated into and be part of this Contract as if fully set forth herein. b) UnAateral Amendment The State may unilaterally modify the following portions of this Contract when such modifications are requested by the Contractor or determined by the State to be necessary and appropriate. In such cases, the Amendment is binding upon proper execution of the Amendment by the State Controllers designee and without the signature of the Contractor. Paragraph 2 of this Contract, "Responsible Administrator"; ii) Paragraph 3 of Exhibit A, Scope of Services Time of Performance"; iii) Paragraph 5 of Exhibit A, Scope of Services "Remit Address "; iv) Paragraph 6 of Exhibit A, Scope of Services "Payment Schedule "; v) Paragraph 22 of this Contract if applicable, Repayment of Loan, and Exhibit B, Loan Repayment Schedule Contractor must submit a written request to the Department if modifications are required. Amendments to this Contract for the provisions outlined it this Paragraph 8 b. i) through v): Responsible Administrator, Page 2 of 7 Time of Performance, Remit Address, Payment Schedule, or Repayment of Loan and Loan Repayment Schedule can be executed by the State (Exhibit Cl). c) Bilateral Amendment In the following circumstances, modifications shad be made by an Amendment signed by the Contractor, the Executive Director of the Department and the State Controller's designee. Such Amendments must be exerted by the Contractor then the State and are binding upon proper execution by the State Controller's designee. i) unless otherwise specified in the 'Budget" section of Exhibit A, when cumulative budgetary line item changes exceed Twenty Thousand Dollars ($20,000.00); ii) unless otherwise specified in the "Budget" section of Exhibit A, when any budget transfers to or between administration budgetary categories are proposed; iii) when any other material modifications, as determined by the State, are proposed to Exhibit A or any other Exhibits; iv) when additional or less funding is needed and approved and modifications are required to Paragraph 5 of this Contrac `Compensation and Method of Payment' as well as to Exhibit A "Budget" and "Payment Schedule "; v) when there are additional federal or state statutory or regulatory compliance changes in accordance with Paragraph 20 of this Contract. Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral Amendment as set forth in subparagraph 8.b) of this paragraph. Upon proper execution and approval, such Amendment (Exhibit C2) shall become an amendment to the Contract, effective on the date specified in the amendment. No such amendment shall be valid until approved by the State Controller or such assistant as he may designate. AN other modifications to this Contract must be accomplished through amendment to the contract pursuant to fiscal rules and in accordance with subparagraph 8 d). d) Other Modifications. If either the State or the Contractor desired to modify the terms of this Contract other than as set forth in subparagraphs b) and c) above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract property exerted and approved in accordance with applicable law. Any amendment required per this subparagraph will require the approval of other state agencies as appropriate, e.g. Attorney General, State Controller, etc. Such Amendment may also incorporate any modifications allowed to be made by Unilateral and Bilateral Amendment as set forth in subparagraphs 8.b) or 8.c) of this paragraph. 9. Audit. a) Discretionary Audit The State, through the Executive Director of the Department, the State Auditor, or any of their dul authorized representatives and the federal government or any of its duly authorized representatives shall have the right to inspect, examine and audit the Contractors and any subcontractors records, books, accounts and other relevant documents. For the purposes of discretionary audit, the State specifically reserves the right to hire an independent Certified Public Accountant of the State's choosing. A discretionary audit may be requested at any time and for any reason from the effective date of this Contract until five (5) years after the date of final payment for this Project is received by the Contractor, provided that the audit is performed during normal business hours. b) Mandatory Audit Whether or not the State or the federal government calls for a discretionary audit as provided above, the Contractor shall include the Project in its annual audit report as required by the Colorado Local Government Audit Law, 29-1 -601, et sec , C.R.S., and State implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor related to the relevant audit report. If the audit reveals evidence of non - compliance with applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions fled pursuant to 29 -1-607 or 29- 1-608, C.R.S. 10. Conflict of Interest The Contractor shall comply with the provisions of 18 -8-308 and 2418 -101 through 2418 -109, C.R.S. Page 3 of 7 11. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein. The Stale may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the Project. 12. Contract Tenniriation. This Contract may be terminated as follows: a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such fiords by the State. In the event that such fiords or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. b) Tenni nation for Cause. If, through any cause, the Contractor shall fail to fulfill it 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 thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination 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, data, studies, surveys, drawings, maps, models, photographs, 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 offset until such time as the exact amount of damages . due the State from the Contractor is determined. c) Termination for Convenience. The State may terminate this Contract at any time the State desires. The State shall effect such ternination 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. All finished or unfinished documents and other materials as described in subparagraph 12.b) above 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°A) of the services covered by this Contract have been performed upon the effective date of such ternnation, 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 services covered by this Contract. 13. Integration. This Contract, as written, with attachments and references, is intended as the complete integration of all understandings between the parties at this time and no prior or contemporaneous addition, deletion or modification hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to paragraph 8 of this Contract and applicable law. 14. 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 berm or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term nor as waiver of a subsequent breach of the same term. 15. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 16. Assignment Neither party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other party. No subcontract or transfer of Contract shall it any case release the Contractor of responsibilities under this Contract. Page 4 of 7 17. Survival of Certain Contract Temps. 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 or compliance beyond the termination date of the Contract shah survive such termination date and shah be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. 18. Successor in Interest. In the event the Contractor is an entity formed under intergovernmental agreement and the project is for the acquisition, construction or reconstruction of real or personal property to be used as a public facility or to provide a public service, the Contractor warrants that it has established protections that ensure that, in the event the Contractor entity ceases to exist, ownership of the property acquired or improved shah pass to a constituent local government or other eligible governmental successor in interest, or other successor if specifically authorized in Exhibit A, so that the property can continue to be used as a public facility or to provide a public service. 19. Non - Discrimination. The Contractor agrees to comply with the letter and the spirit of all applicable state and federal laws and requirements with respect to discrimination and unfair employment practices. 20. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor shah strictly adhere to all applicable Federal and State laws that have been or may hereafter be established. 21. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shah be resolved by reference to the documents in the following order of priority: A Colorado Special Provisions B. Contract C. The Scope of Services, Exhibit A Page 5 of 7 (For Use Only with inter- Govemmental Condaats) 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 2430 -202 (5.5) Financial obligations of the State of Colorado payable alter the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent aufhorb*d by law, the contractor shag indarmify, saw, 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 ad or oMssion by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the term of this contract No tern or condition of this contract shall be construed or Interpreted as a waiver, express or implied, of any of the imrnunkies, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Imity Act, CRS 24- 10.101 at seq. or the Federal Tort China Act, 28 U.S.C. 2871 at seq. as applicable. as now or tarealter smanded. 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 10 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 coney with the letter and tin spirit of all applicable state and fedeml laws respecting dbcrknWwtlon and unfair employment pmcdms. 6. CHOICE OF LAW The laws of tin State of Colorado and rules and regulations Issued pursuant thereto shall be applied In the Interpretation. execution, and entomer ant of M le contract. Any provision of this contract. whether or not incorporated herein by reference, which provides for arbitration by airy extra- judicial body which s or person or whi otherwise in conflict with said laws, rules, and regulations shall be considered rndl and cud. Nothing contained In any provision incorporated herein by reference which p to negate this l w� any other special provision in whole a in part" be valid or enforceable or awl" In any action at iw wAratiler by way of VbiK defense, or allowAse. Any provision rendered null and void by the operation of the provision will not invalidate the rem tender of tits contract to tin extent that the contract Is capable of execution. At all tines during the pahfornwnoo of this contract, the Contractor shall strictly adhere to all applicable federal and side laws, rules, and regulation that two been or nary hereafter be established. 7. SOFTWARE PIRACY PROHIBITION Govemor's Executive Order D 002 00 No Site or otter pubic fade payable under the Contact shop be used for to acquisition. operation, or rrairtennos of compuier software la viWstlon of UrtIW Sias co pyrig t laws or appiabia kce restrictions. The Contractor hereby certifies Mat, for the term of this Contract and arty extensions, the Contractor has In piece appro i systems and controls to prevent such improper use of pubic funds. H the Stets datemrkas that the Contractor Is la violation of this paragraph, the State may exercise any remedy available at law or f or � this Contract, � , isradile tern=*m of t Contract and any remedy consistent with United 8. EMPLOYEE FINANCIAL INTEREST. CRS 24- 18-201 & CRS 2450 -507 The signatories aver t to Moir knowledge, no employes of the State of Colorado has any personal or beneficial Interval whatsoever in the service or property described herein. Effective Date: April 1, 2004 Pam Rof7 l __ ' -Al:_: i • •1J1�• L •:� CONTRACTOR: CITY OF PUEBLO Legal Name of Contracting Entity STATE OF COLORADO: Bi OVNENS, GOVERNOR Michael L. Beasley, Executive Dire Depwknw t of Local Affairs CORPORATIONS: (A corporate attestation is required.) Allied (Seal) By 17NIP-na Is k (Corpo Secretary or Equivalent, or Town(City/County Clerlr) (Flaw corporate sal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24- 90-202 requires that the State Controller approve aN state contracts. This contract is not valid unto the Stare Conooller, or such assistant as he may delagahk has signed IL The contractor is not authorized to begin performance until the contract is signed and dated below. if perkmnance begins prior to the dare below, the Stare of Colorado may not be obligated to pay for the goods andlor services provided. STATE CONTROLLER: Leslie M. Shenefelt Etkctive Date: April 1, 2004 Pane 7 of 7 Ro bert D. Schilling. Jr. PRESIDENT Print Name & Title of Authorized Officer EXIMrr A SCOPE OF SERVICES EINF #4813 — Pueblo - Bessemer Utilities EXHIBIT A SCOPE OF SERVICES PROJECT DESCRIPTION. OBJECTIVES AND REQUIREME The Project will consist of a portion of the cost of providing new utility service to the Bessemer Historical Society's facilities at the former CF & I headquarters in the City of Pueblo (Contractor). It includes the City's portion of providing new service connections for all utilities, as well as bringing the mechanical, electrical, and plumbing systems into compliance. The City and the Bessemer Historical Society will execute an agreement governing the use and ownership of the improvements. Eligible expenses include costs associated with the Project described above. Energy and Mineral Impact Assistance funds in the amount of FIVE HUNDRED THOUSAND AND XX1100 Dollars ( $500.000.00 ) are provided under this Contract to finance Project costs. The Contractor is expected to provide EIGHTY ONE THOUSAND TWO HUNDRED EIGHTY EIGHT AND XXI100 Dollars ( $81288.00 ) in Project financing, and, in any event, is responsible for all Project cost in excess of FIVE HUNDRED THOUSAND AND XX1100 Dollars ( $500,000.0 ). Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall be submitted to the Department of Local Affairs upon request, and any and all contracts entered into by the Contractor or any of its subcontractors shall comply with all applicable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary. Contractor agrees to acknowledge the state Department of Local Affairs in any and all materials or events designed to promote or educate the public about the project, inducing but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochurestpamphlets. 2. ENERGY AND MINERAL IMPACT Pueblo has been impacted by the fluctuating economic conditions in the steel and coal industries that have influenced the vitality of the CF&I Steel Mills and the Burlington Northern Railroad for the past century. 3. TIME OF PERFORMANCE The Project shall commence upon the full and proper execution of this Contract and shall be completed on or before November 30, 2007 ' However, However, in accordance with paragraph 8.b. or 8.c. contained within the main body of this Contract, the Project time of performance may be extended by a Contract Amendment To inflate this process, a written request shall be submitted to the State by the Contractor at least thirty (30) days prior to November 30, 2007 and shall include a full justification for the time extension. Page 1 of 2 EIAF 94813 — Pueblo - Bessemer Utilities 4. BUDGET Revenues Expenditures Energy/Mineral Impact - GRANT $500,000 Electrical Service Transfer $45,000 Contractor Funds 81288 Utilities Upgrade 536,288 Total $581,288 Total $581288 5 REMIT ADDRESS: #1 City Hall Place Pueblo, CO 81003 S. PAYMENT SCHEDULE Grant Payments $50,000 Initial payment to be made within thirty (30) days of the date of execution of this Contract. 400,000 In interim payments reimbursing the Contractor for actual expenditures made in the performance of this Contract Payments shall be based upon properly documented financial and narrative status reports detailing expenditures made to date. 50.000 Final payment to be made upon the completion of the Project and submission of final financial and narrative status reports documenting the expenditure of all Energy/Mineral Impact Assistance funds for which payment has been requested. $500,000 Total 7. CONTRACT MONITORING The State shall monitor this Contract on an as- needed basis. 8. REPORTING SCHEDULE At the time Contractor inflates payment requests, the Contractor shall submit financial and narrative status reports detailing Project progress and properly documenting all to-date expenditures of Energy and Mineral Impact Assistance funds. Page 2 of 2