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HomeMy WebLinkAbout07579ORDINANCE NO. 7579 AN ORDINANCE APPROVING EIAF CONTRACT #5374 — CITY OF PUEBLO RECREATIONAL CENTER ADA IMPROVEMENTS IN THE AMOUNT OF $200,000 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE DEPARTMENT OF LOCAL AFFAIRS, FOR THE CONSTRUCTION OF ADA IMPROVEMENTS TO THE EL CENTRO DEL QUINTO SOL RECREATION CENTER, AND BUDGETING AND APPROPRIATING SAID GRANT FUNDS INTO CAPITAL PROJECT NUMBER CP0504, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, City Council committed to upgrade the existing recreation facility to be accessible to all persons with disabilities in accordance with the terms of the Department of Justice Agreement which the City entered into by Resolution No. 10097, WHEREAS, City Council previously budgeted and appropriated funds in the amount of $600,000 for the creation of a capital project in the FY2005 budget for the construction of ADA improvements to the El Centro Del Quinto Sol Recreation Center. WHEREAS, City Council prepared and received a grant from the Department of Local Affairs EIAF Contract #5374 — City of Pueblo Recreational Center ADA Improvements in the amount of $200,000 for the construction of ADA improvements to the El Centro Del Quinto Sol Recreation Center. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Funds for the project in the amount of $200,000 from the Department Local Affairs are hereby budgeted and appropriated into project CP0504, El Centro Renovation. The total budget for said project is hereby increased to a total of $800,000. SECTION 2. The grant Contract and Attachments between the City of Pueblo, a Municipal Corporation, and the Department of Local Affairs relating to the ADA improvements to the El Centro Del Quinto Sol Recreation Center, copies of which are attached hereto and incorporated herein, having been approved as to form by the City Attorney, are hereby approved. SECTION 3. The President of 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. INTRODUCED March 26, 2007 BY Randy Thurston Councilperson APPROVED: Q i;� &P °eatxa j RR ESIDIENTof City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: April 9, 2007 7 5 19 Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: MARCH 26, 2007 DEPARTMENT: PUBLIC WORKS - DANIEL E. CENTA, P.E., DIRECTOR PLANNING DEPT— JIM MUNCH, ASST. CITY MANAGER TITLE AN ORDINANCE APPROVING EIAF CONTRACT #5374 — CITY OF PUEBLO RECREATIONAL CENTER ADA IMPROVEMENTS IN THE AMOUNT OF $200,000 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE DEPARTMENT OF LOCAL AFFAIRS, FOR THE CONSTRUCTION OF ADA IMPROVEMENTS TO THE EL CENTRO DEL QUINTO SOL RECREATION CENTER, AND BUDGETING AND APPROPRIATING SAID GRANT FUNDS INTO CAPITAL PROJECT NUMBER CP0504, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council authorize a grant contract in the amount of $200,000 and budgeting and appropriating said grant funds into capital project number CP0504 for ADA improvements to the El Centro Del Quinto Sol Recreation Center. RECOMMENDATION Approval of this Ordinance. BACKGROUND The Agreement that the City entered into with the Department of Justice outlined specific improvements to be done to public buildings to bring them into compliance with the Americans with Disabilities Act. The recreation center was cited because of the different floor levels as being inaccessible, in addition to other specific items. A local architect, RTA, Inc., under contract with the City has designed an addition onto the building that adds an elevator and stairway to make all levels of the building accessible to persons with disabilities and adds a fire protection system. Other building and site improvements may also be accomplished if there are enough funds remaining after the requirement for ADA improvements is satisfied. FINANCIAL IMPACT Funds in the amount of $600,000 were previously budgeted for making the building accessible under capital project CP0504. Some of these funds were used to pay for architectural design services. The remaining funds in the project account and the funds from the DOLA grant will be used for the ADA improvements. The source of the DOLA funds granted to the City is derived from Federal Mineral Leases. Section 6. b) of the contract reads: "Reversion of Excess Funds to the State. 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." EIAF #8374 - City of Pueblo Rec Center ADA Improvements Contract Routin # D it fn 3 9 vendor # CFDA #NIA 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 available for payment in Fund Number 153, Appropriation Code Number 128 , Org. Unit FAAOJ GBL 7M90 Contract Encumbrance Number FO7MLG5374 ; 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 fors 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 Mike Bever 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. 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 TWO HUNDRED THOUSAND AND XX/100 Dollars ( $200,000.00 ) 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 Protect 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 8.c). 8. 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 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 "; 2of 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 C1). 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.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 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 se q, 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 3of7 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 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. 4of7 Is. 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 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 5 of 7 SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS 24-30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. 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 and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. (Applicable Only to Intergovernmental Contracts] 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, 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. Contractor shall perform Its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of 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 taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and Its employees are not entitled to unemployment Insurance benefits unless contractor or a 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 agreement, 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 its acts and those of Its employees and agents. 5. NON - DISCRIMINATION. 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 this contract Is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24 -30 -202 (1) and 24- 30- 202.4. The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or Its agencies, as a result of final agency determination or reduced to judgment, as certified by the State Controller. 8. 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 federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has In place appropriate systems and controls to prevent such improper use of public funds. If the State determines that 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 this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS 24 -18 -201 and 24 -50 -507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. 10. [Not Applicable to Intergovernmental Contracts], ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRS &17.5 -101 and 24- 76.5 -101. Contractor certifies that It shall comply with the provisions of CRS 617.5 -101 et seq. Contractor shall not knowingly employ or contract with an Illegal alien to perform work order this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an Illegal alien to perform work under this contract. Contractor represents, warrants, and agrees that it (1) 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 shall comply with the requirements of CRS 8- 17.5- 102(2)(b). Contractor shall comply with all reasonable requests made In the course of an Investigation under CRS &17.5 -102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8 -17.5- 101 et seq., shall be cause for termination for breach and Contractor shall be liable for actual and consequential damages. Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (1) is a citizen or otherwise lawfully present In the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24- 76.5 -101 et seq., and (iii) shall produce one form of identification required by CRS 24- 76.5 -103 prior to the effective date of this contract. Revised October 25, 2006 6of7 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: THE CITY OF PUEBLO COLORADO Legal Name of Contracting Entity 846000615 - S Social Security Number or FEIN Signatuo of Aut orized Officer Judy P. Weaver P resident of City Council (Print) Name & Title of Authorized Officer STATE OF COLORADO: BILL RITTER, JR., GOVERNOR By Sus 6n E. Kirkpatrick. Execu a Director Departmen of cal Affai Date PRE - APPROVED ONTRACT F RM REVIEWER: Date. -' 9 0 1 CORPORATIONS: (A corporate= attestaf6mis required.) Attest (Seal) By (Corpora Secretary 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 rie Auten, po qtroller Depamnent of Local A airs Date C') In 0 n Revised January 9, 2007 7of7 EXHIBIT A SCOPE OF SERVICES EIAF #5374 - City of Pueblo Rec Center ADA Improvements EXHIBIT A SCOPE OF SERVICES PROJECT DESCRIPTION. OBJECTIVES AND REQUIREMENTS The Project consists of making ADA improvements to EI Centro del Quinto Sol Recreation Center in Pueblo. The improvements will address exterior accessible routes, drinking fountains, ramps, stairs, entrances, doors, gates, elevators, bathrooms, signage, alarms, and fire sprinkler system. Grant funds will be used only for construction costs, with the city covering all professional design and administrative costs. Eligible expenses include all contract construction costs. Energy and Mineral Impact Assistance funds in the amount of TWO HUNDRED THOUSAND AND XX/100 Dollars ( $200,000.00 ) are provided under this Contract to finance Project costs. The Contractor is expected to provide FOUR HUNDRED THOUSAND AND XX/100 Dollars ( $400,000.00 ) in Project financing, and, in any event, is responsible for all Project cost in excess of TWO HUNDRED THOUSAND AND XX/100 Dollars ( $200,000.00 ). Construction plans and specifications shall be drawn up by a qualified engineer licensed in the State of Colorado and hired by the Contractor through a competitive selection process. A construction contract shall be awarded to a qualified construction firm through a formal public bid process with the Contractor being obligated to award the construction contract to the lowest responsible bidder meeting the Contractor's specifications. 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 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 December 31, 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 December 31. 2007 and shall include a full justification for the time extension. Page 1 of 2 EIAF #6374 - City of Pueblo Rec Center ADA Improvements C! BUDGET Revenues Expenditures Energy /Mineral Impact - GRANT $200,000 Access Improvements $422,000 Contractor Funds 400.000 Toilets, Drinking Fountains 60,000 Alarms, Signage, Sprinkler 118.000 Total $600,000 Total $600,000 REMIT ADDRESS: (Address to where payments are to be sent) #1 City Hall Place Pueblo CO 81003 6. PAYMENT SCHEDULE Grant Payments $180,000 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. 20.000 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. $200,000 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 EXHIBIT Cl