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HomeMy WebLinkAbout07505ORDINANCE NO. 7505 AN ORDINANCE APPROVING AND ACCEPTING A GRANT FROM THE STATE OF COLORADO ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $563,000.00, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo to accept funding from the Colorado Department of Local Affairs for public and municipal purposes and to enter into agreements relating thereto, and WHEREAS, the Colorado Department of Public Safety has tendered an Energy And Mineral Impact Assistance Program Grant Award (the "Award ") to assist the City's 800 MHz Radio Network conversion, in the amount of $563,000.00 upon conditions recited therein or incorporated therein by reference; and WHEREAS, acceptance of the Award for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare and safety of the citizens of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. The Energy And Mineral Impact Assistance Program Grant Award to the City of Pueblo, a copy of which is attached hereto, is hereby accepted and approved. The President of City Council is authorized to execute and deliver the grant award in the name of the City. SECTION 2. Funds in the amount of $563,000.00 are hereby budgeted and appropriated and shall only be expended and used for the 800 MHz Radio Network Conversion. SECTION 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED August 14, 2006 BY Jeff Chostner Councilperson APPROVED: President of City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED August 28, 2006 Background Paper for Proposed ORDINANCE AGENDA ITEM # a0 DATE: August 14, 2006 DEPARTMENT: INFORMATION TECHNOLOGY DEPARTMENT JOHN WILKINSON, DIRECTOR TITLE AN ORDINANCE APPROVING AND ACCEPTING A GRANT FROM THE STATE OF COLORADO ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $563,000.00, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City of Pueblo accept the Energy And Mineral Impact Assistance Program Grant in the amount of $563,000.00 to be used for conversion to an 800 MHz Radio Network? RECOMMENDATION Approval of the Ordinance BACKGROUND This grant will provide funding for constructing and equipping a new radio tower and increasing the capacity of an existing tower located at the State Hospital (known as the San Carlos tower). Acceptance of this grant would be done in anticipation of the City migrating to the State's digital radio system. By adopting the State's system, the City's radio users will be able to communicate in most every area of the State. Likewise, other jurisdictions that adopt the State standard will be able to communicate when they are in Pueblo. The purpose of the State's system, and the purpose of the City's participation in it, is to provide a single communications system for all responders. There are many circumstances in which this would be useful, such as forest fires to which multiple fire departments respond, or joint operations between the Pueblo Police Department and the Pueblo County Sheriffs Office. Presently, the two radio systems used by the City's Fire Department and Police Department are not compatible with the State system, nor are these systems compatible with each other. Migrating to the State system will correct this. The new tower to be constructed will be located in the northeast part of the City, and will be owned, operated, and maintained by the City. An exact location for this tower has not yet been determined. The existing San Carlos tower is owned by the State; its capacity for communications sessions will be increased, making it a resource suitable and adequately sized to handle the additional load from the City's radio users and other users in the region. Just as the City will use the State's San Carlos tower for radio communications, other users will be able to use the City's northeast tower. This cooperative model is the means by which the Statewide system is being built: The State builds a basic tower infrastructure that will address the State's somewhat minimal requirements. Local governments are welcome to participate by joining the system, but are expected to address their own, generally more complex, requirements regarding capability and capacity. It is anticipated that the City will need to construct two additional towers to attain thorough radio coverage throughout the City. Establishment of tower facilities is the first step in the process of migrating to the new system. FINANCIAL IMPACT The grant amount was determined by the State to be the amount needed to (1) construct a 100' radio tower and acquire the equipment needed to make it operational and (2) upgrade the San Carlos tower at the State Hospital. Costs for engineering and project management are built into the grant award. Costs are based on State Contract pricing and Motorola price commitments. The City is responsible for providing the physical site upon which the tower would be built. The City would be responsible for costs that exceed the budgeted amounts in the grant contract, but may apply for reimbursement. The City's primary obligation with respect to the grant is providing a physical site, with access, for the new tower, and electricity to power the new site. The City would be obligated to maintain the new tower site. This could be done largely by the City's radio technicians, and thus involves very little other financial commitment. There is no obligation to maintain the San Carlos site at the State Hospital. The City has no further obligation to construct more towers. Accepting this grant does not obligate the City to use the State's system. EIAF #5274 - City of Pueblo 800 MHz Network Conversion -WIN Contract Routing # 004q Vendor# Vb OOOI S ," CFDA # N/A 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 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 unencumbered balance thereof remains av ilable for payment in Fund Number 153, Appropriation Code Number 128, Org. Unit FAAO , GBL /173 Contract Encumbrance Number FO7MLG5274 ;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(5)(a)(1), C.R.S., the Executive Director of the Department is authorized to make grants from the Local Government Mineral Impact Fund to political subdivisions, including public schools, for the planning, construction and maintenance of public facilities 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 Contractor has been advised and agrees that the State periodically reviews and amends its contract forms and will submit a substitute contract form to Contractor within one year of the approval of this contract, 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 that: 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 shall not be reimbursed by the State unless specifically allowed in the "Project Description, Objectives and Requirements" section of Exhibit A. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of John Wilkinson 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 shall propose and seek the State's approval of such replacement responsible administrator. The State's approval shall be evidenced through a Unilateral Contract Amendment to this contract initiated 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. Page 1 of 7 3. Time of Performance; Contract Substitution This Contract shall become effective upon the date of proper execution of this Contract by the state Controller or designee and shall continue for a period of one year. The parties agree that the State will submit a substitute contract form to the Contractor during the one -year period following the approval of this Contract. The Project contemplated herein shall 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 execution of this Contract by the State Controller or designee shall 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 shall occur no later than the completion date set forth in the "Time of Performance" section of Exhibit A. 4. Authority to Enter into 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 5. 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 SIXTY -THREE THOUSAND AND XX/100 - - - - -- Dollars ( $563.000.00 ). The method and time of payment of such grant funds shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. 6. Reversion of Excess Funds to the State. a) Any State funds paid to the Contractor and not expended in connection with the Project shall 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 shall revert to the State. Under no circumstances shall 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 shall maintain properly segregated accounts of State funds, matching funds, and other funds associated with the Project. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, and shall 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 line 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 fi.c). Modification and Amendment. 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 shall be incorporated into and be part of this Contract as if fully set forth herein. b) Unilateral 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 Controller's 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' Page 2 of 7 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 in this Paragraph 8 b. i) through v): Responsible Administrator, 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 shall 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 executed 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 Contract, "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. All 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 properly executed 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 8.15) 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 duly authorized representatives and the federal government or any of its duly authorized representatives shall have the right to inspect, examine and audit the Contractor's and any subcontractor's 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 Page 3 of 7 applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed 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 24 -18 -101 through 24 -18 -109, C.R.S. 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 State 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 Termination. 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 funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. b) Termination for Cause. 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 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 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. 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 %) of the services covered by this Contract have been performed 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 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 term 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. Page 4 of 7 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 in any case release the Contractor of responsibilities under this Contract. 17. 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 or 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 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 shall 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 shall 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 shall 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 SPECIAL PROVISIONS (For Use 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. The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, 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, CPA 24 -10 -101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 of seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER E OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ) THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS :NT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH 'AY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO IND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS iHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN TH AMOUNTS REQUIRED 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 States 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 this 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 FINANCIAL 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. 9. ILLEGAL ALIENS — PUBLIC CONTRACTS FOR SERVICES. CRS 8- 17.5 -101 and 24- 76.5 -101 The Contractor certifies that the Contractor shall comply with the provisions of CRS 8- 17.5 -101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (II) otherwise will comply with the requirements of CRS 8- 17.5- 102(2)(b). The Contractor shall comply with all reasonable requests made in the course of an Investigation under CRS B- 17.5 -102 by the Colorado Department of Labor and Employment. If the Contractor falls to comply with any requirement of this provision or CRS 8- 17.5 -101 et seq., the State may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the State. A Contractor that operates as a sole proprietor hereby swears or affirms under penalty of perjury that the Contractor (1) Is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (it) shall comply with the provisions of CRS 24- 76.5 -101 et sec, and (III) shall produce one of the forms of identification required by CRS 24- 76.5 -103 prior to the effective date of this Contract. Except where exempted by federal law and except as provided in CRS 24- 76.5- 103(3), a Contractor that receives federal or state funds under this contract must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS 24- 76.5- 103(4) if such individual applies for public benefits provided under this contract. Effective Date: August 7, 2006 Page 6 of 7 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BiLL NS, GOVERNOR CITY OF PUEBLO COLORADO B Legal Name of Contracting Entity I an R. ogt, Executive Director 846000615 Social Secglrity Number or FEIN Signature of Authorized Officer Michael A. Occhiato, PRESIDENT Print Name & Title of Authorized Officer Department of Local Affairs PRE - APPROVED FORM CONTRACT REVIEWER: CORPORATIONS: (A corporate attestation is required.) Attest (Seal) By_ _ LL�r�1,c t (Ccroorate cretary or Equivalent, or Town /City /County Clerk) (Place corporate seal here, if available) 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 the goods and /or services provided. STATE CONTROLLER: Leslie M. Shenefelt By Ros arie Aute ontroller Depart ent of Local Affairs Date 10�05��0(0 Effective Date: August 1, 2005 Panes 7 of 7 EXHIBIT A SCOPE OF SERVICES EIAF #5274 - City of Pueblo 800 MHz Network Conversion -WIN EXHIBIT A SCOPE OF SERVICES PROJECT DESCRIPTION, OBJE CTIVES AND REQUIREMENTS The Project consists of the improvements necessary to expand the State's 800 MHz Digital Trunked Radio capability at communications sites in Pueblo at the Northeast Pueblo and San Carlos sites. The City of Pueblo (Contractor) will own the tower and equipment. The upgraded DTR sites will provide improved communication for emergency service agencies throughout the City. The Project budget includes only the portions of the Project that will be reimbursed with the State's grant funds. The City will be providing additional funds for the balance of its DTR system upgrade. Through a competitive selection process, Motorola, Inc. has been selected as the vendor for the radio equipment, microwave equipment, towers, generator and associated equipment. Eligible expenses include DTR communications improvements, including a radio tower, digital radio equipment, a building for the equipment, a generator, and installation costs. Energy and Mineral Impact Assistance funds in the amount of FIVE HUNDRED SIXTY -THREE THOUSAND AND XX/100 Dollars( $563.000.00 ) are provided under this Contract to finance Project costs. The Contractor is expected to provide ZERO AND XX /100 Dollars( $00.00 ) in Project financing, and, in any event, is responsible for all Project cost in excess of FIVE HUNDRED SIXTY -THREE THOUSAND AND XX/100 Dollars ( $563,000.00 ). 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, including but not limited to: press releases, newspaper articles, op -ed pieces, press conferences, presentations and brochures /pamphlets. 2. ENERGY AND MINERAL IMPACT Pueblo has been impacted for well over a century by the boom and bust cycles of the steel and coal industries, as well as related rail transportation activities. 3. TIME OF PERFORMANCE The Project shall commence upon the full and proper execution of this Contract and shall be completed on or before June 30. 2007 . 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 initiate this process, a written request shall be submitted to the State by the Contractor at least thirty (30) days prior to June 30. 2007 and shall include a full justification for the time extension. Page 1 of 2 EIAF #5274 - City of Pueblo 800 MHz Network Conversion -WIN 4. BUDGET Revenues Expenditures Energy /Mineral Impact - GRANT $563,000 NE Pueblo Radio Equipment Microwave Generator Hardware Building Tower San Carlos Total $563,000 Total 5. REMIT ADDRESS: (Address to where payments are to be sent) #1 City Hall Place Pueblo, CO 81003 6. PAYMENTSCHEDULE $232,000 95,150 25,100 12,000 95,750 85,500 17.500 $563,000 Grant Payments $56,300 Initial payment to be made within thirty (30) days of the date of execution of this Contract. 450,400 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. 56.300 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. $563,000 Total 7. CONTRACT MONITORING The State shall monitor this Contract on an as- needed basis. 8. REPORTING SCHEDULE At the time Contractor initiates 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