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HomeMy WebLinkAbout08009ORDINANCE NO. 8009 AN ORDINANCE APPROVING A GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICPAL COPORATION, AND THE STATE OF COLORADO FOR THE DEPARTMENT OF HIGHER EDUCATION, COLORADO HISTORICAL SOCIETY RELATING TO THE EAST SIDE NEIGHBORHOOD ARCHITECTURAL AND HISTORIC SELECTIVE SURVEY, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $21,500 THERFORE, AND AUTHORZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME WHEREAS, the first purpose of the City's Historic Preservation Code is to identify, designate and preserve those buildings, objects, monuments, structures and sites which reflect outstanding elements of the communities architectural cultural heritage; and WHEREAS, the City of Pueblo has received a grant from the Colorado Historical Society Certified Local Government grant program to fund the East Side Historic and Architectural Context Study, subject to the execution of a Contract; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract and Attachments between the City of Pueblo, a Municipal Corporation and the State of Colorado for the use and benefit of the Department of Higher Education, Colorado Historical Society, relating to the East Side Historic and Architectural (Colorado Historical Society Project #CO- 08- 09 -19), copies which are attached hereto and incorporated herein, having been approved as to form the City Attorney, are hereby approved. SECTION 2. The President of City Council is hereby authorized to execute and deliver said contract in the name of and behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 3. Funds in the amount of $21,500 are hereby budgeted and appropriated for this project. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: ADril27.2009 BY: Judy Weaver } Councilperson APPR D' } �, PRESIDENTaf Cfty Council A77TSTED DY: CITY CLERK PASSED AND APPROVED: May 11, 2009 WHO SRI Background Paper for Proposed ORDINANCE AGENDA ITEM # 24 DATE: APRIL 27, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING A GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICPAL COPORATION, AND THE STATE OF COLORADO FOR THE DEPARTMENT OF HIGHER EDUCATION, COLORADO HISTORICAL SOCIETY RELATING TO THE EAST SIDE NEIGHBORHOOD ARCHITECTURAL AND HISTORIC SELECTIVE SURVEY, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $21,500 THERFORE, AND AUTHORZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME ISSUE Should the City Council approve the grant contract with the Colorado State Historical Society for the completion of an East Side Neighborhood Architectural and Historic Selective Survey and budget and appropriate $21,500 for the completion of the project? RECOMMENDATION Approval of the Ordinance. BACKGROUND The City was awarded a $21,500 grant to conduct an East Side Architectural and Historic Selective Survey in February, 2009. The project will provide needed services to record and inventory properties at risk of deterioration and those eligible for local landmarking. These efforts will generate information that will help with landmark nominations, stimulate neighborhood pride, and provide information for further historic preservation efforts in an understudied portion of the City. The result of the project will be a survey report which will help guide planning decisions, as well as eligibility recommendations and it will be made available to the public. FINANCIAL IMPACT Administration of the grant will be the only fiscal impact. No local grant match is required. Form 6- AC- 02A(R5/91) Department or Agency name Depatlmem or Agency number GCA Routing Number Approved Routing Waiver THIS CONTRACT, Made this oZ A day 01 2009, by and between the State of Colorado for the use and benefit of the Department of Higher E ucation, Colorado Historical Society, the Colorado History Museum, 1300 Broadway, Denver, Colorado 80203, hereinafter referred to as the State, and City of Pueblo, hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract in Fund Number 100 , Appropriation Account 046 , and Organization HP09 ; WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the National Historic Preservation Act of 1966, as amended, provides for grans in aid to state and local preservation efforts, and for Certified Local Government programs (defined by the Act), and WHEREAS, the Society, the principal agency established to manage cultural and historic resources, administers National Historic Preservation Funds, and WHEREAS, the Contractor has an approved local preservation program that conforms with the State preservation program and with requirements of the Act as a Certified Local Government, and WHEREAS, the Society has determined that the Contractor can provide eligible services as a Certified Local Government, and that funds are available, and WHEREAS, this Agreement sets forth the Project Scope of Work, Standards and Specifications, Budget and Performance Schedule, it will hereinafter be referred to as the Contract and /or the Project, NOW THEREFORE, it is hereby agreed that I. REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR 1. CONTRACTOR REPRESENTS, WARRANTIES, and COVENANTS that it is a home rule city, statutory city or town, or county having full power and authority to execute this contract and perform under its terms and conditions. Further, said execution and performance will not result in the breach of any terms or provisions of, or constitute any default, under the Contractor's certificate of incorporation, charter, ordinances, or the like, or any agreement to which the Contractor is a party if any there be. 2. APPLICABLE STANDARDS: The Contractor agrees that Project work, if applicable, must meet Page 1 of 7 pages the Secretary of the Interior's "Standards and Guidelines for Archaeology and Historic Preservation" and further that the Contractor shall strictly adhere to all applicable Federal and State laws and regulations. The Contractor acknowledges that the laws cited in Attachment A (Exhibits 1-2) are incorporated as part of this contractual agreement. 3. CONTRACT PERIOD: The term of this contract shall be from May 1, 2009 to June 30, 2010. 4. CONDUCT OF WORK: During the term of the contract as defined herein, the Contractor shall undertake and perform the necessary work and services to accomplish the Project Scope of Work, according to the standards and specifications as agreed upon and described in Attachment B, Exhibit 1. Work not meeting the Secretary of the Interior's Standards, in the judgement of the Society, will not be reimbursed. 5. REPORTS: The Contractor shall deliver to the Society quarterly and final reports both fiscal and programmatic, documenting the progress of the Project as described in the Performance Schedule located in Attachment D, Exhibit 1. Quarterly reports are due 10 days after the end of each quarter, final reports are due 10 days after the ending date of the contract. The Contractor further agrees that reports are to be completed on State forms as provided for in Attachment B, Exhibits 2, 3, 4 and 5. Failure to meet the report deadlines may result in termination of the contract. 6. MATCHING FUNDS: The Contractor agrees to make available the necessary funds to complete the project and provide matching funds in accordance with the Project Budget as defined in Attachment C, Exhibit 1, and under the Administrative Requirements and Financial Systems as identified in Exhibit 2. Further, the Contractor shall abide by the criteria and procedures as set forth in OMB Circular A -102. 7. CONTRACTOR DESIGNEE: The Contractor agrees to designate a local program administrator for the duration of the Contract period. The person so designated shall manage and provide oversight in accomplishment df the Project objectives. 8. AUDIT REQUIREMENTS: The Contractor shall authorize the State and Federal auditors, and Society representative access to all the records relating to this contract, for audit and inspection and monitoring of activities and project expenditures. The Contractor shall arrange for independent audits as prescribed in OMB Circular A -128, the Single Audit Act of 1984. If the Contractor has a yearly audit conducted by a governmental agency or private audit firm, the relevant portions of the report will be submitted to the Society; if none exists, an independent audit per OMB Circular, A -128 shall be arranged. 9. AC KNOW LEDGEMENTS: The Contractor agrees to the acknowledgement of National Park Service funding support when describing or promoting the grant projed for any materials, publications, program literature, audio-visual products or related materials produced as a result of the grant funds, appropriate acknowledgement and required Equal Employment Opportunity statement should be given as follows: a. "The activity that is the subject of this material has been financed in part with Federal funds from the National Historic Preservation Act, administered by the National Park Service, U.S. Department of the Interior and for the Colorado Historical Society. However, the contents and opinions do not necessarily reflect the views or policies of the U.S. Department of the Interior or the Society, nor does the mention of trade names or commercial products constitute an endorsement or recommendation by the Departmentof the Interior or the Society." b. "This program receives Federal funds from the National Park Service; Regulations of the Page 2 of 7 pages U.S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally- assisted programs on the basis of race, color, national origin, age or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service, 1849 C Street, N.W., Washington, D.C. 20240." 10. RECORDS ADMINISTRATION AND MAINTENANCE: The Contractor shall maintain a complete file of all records, documents, communications and payments made tothe Contractor for the costs authorized by this contract and in accordance with prescribed administrative rules, as defined in Attachment C, Exhibit 2, and further, the Contractor agrees to retain these records for at least three years after the project terminates, or until all audits initiated within the threayear period have been completed, whichever is later. Records shall be maintained in accordance with OMB Circular A -102 (revised March, 1988) "The New Common Rule for Grants Administration," and OMB Circular A -87, "Costs Principles for State and Local Governments." 11, SUBCONTRACTS: The Contractor shall be permitted to subcontract portions or all of the tasks delineated herein, provided prior approval of the Society is secured in writing. 12. COVENANT AGAINST CONTINGENCY FEES: The Contractor warrants that no person or selling agency has been employed to retain, to solicit, or secure this contract upon agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting tuna fide employees of reputable established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Society shall have the right to annul this Contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 13. STATUS OF CONTRACTOR: The Contractor shall conduct himself in accordance with State and Federal laws, and consistent with its obligations to the Society to act in an ethical manner, but all services shall be performed as an independent contractor or consultant and, further, any and all claims that might arise under the Workman's Compensation Act on behalf of the Contractor or other persons while engaged in the performance of the duties and services contemplated, and any and all claims that might be made by any third person as a result of any act or failure to act,shall be the Contractor's sole obligation, and the Contractor shall hold the Society harmless from any liability for any act or failure to act on the part of the Contractor. 14. ADA COMPLIANCE: The Contractor assures the state that at all times during the performance of this contract that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, or denied to benefits of the service, programs, or activities performed by the contractor, or be subjected to any discrimination by the contractor upon which assurance the state relies. 15. MINORITY BUSINESS ENTERPRISE PARTICIPATION: It is the policy of the State of Colorado that Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient performance of the Contract. As used in this Contract, the term "minority business enterprise" and/or "women business enterprise" denotes a business, at least fifty percent (50 %) of which is owned by minority/women group members or, in the case of publicly awed business, at least fifty -one percent (51 %) of the stock of which is owned by minority /women group members. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as Page 3 of 7 pages minority/women enterprises and need not conduct an independent investigation. 16. OTHER CONTRACTORS: The Society may undertake or award other contracts for additional or related work and the Contractor shall fully cooperate with such other contractors and State employees. The Society may, at its discretion, request the Contractor to review the work of other contractors and may from time to time require the Contractor to meet with other contractors to discuss matters of mutual concern. 17. PERFORMANCE OF CONTRACT: Work or services performed, or costs and expenses incurred prior to the effective date of this contract shall not be reimbursed and are not eligible expenditures under the terms and conditions of this contract. 11. REPRESENTATION OF THE SOCIETY 1. AVAILABILITY OF FEDERAL FUNDS: The Society shall procure National Historical Preservation Act funds from the National Park Service, U.S. Department of Interior, in a manner consistent with the National Register Programs Guidelines (NPS -49) for the purposes hereof. Payments to the Contractor are subject to and contingent upon the continuing availability of Federal Preservation funds for the purpose hereof. 2. CONTRACT REIMBURSEMENT: The Society shall reimburse and pay to the Contractor an amount not to exceed $21,500.00 upon the satisfactory compliance of the contract conditions. 3. ACCESS TO INFORMATION: The Society agrees to provide the Contractor access to files of the Office of Archaeology and Historic Preservation containing any information which the Society and Contractor jointly determine to be necessary to the accomplishment of this contract. 4. PROCEDURES: The Society shall use established billing procedures and reimburse the Contractor for actual, reasonable and necessary expenses incurred in completing thework pursuant to this contract, based upon submission, by the Contractor, of required reports supported by such documentation, as approved and accepted by the Society. III. GENERAL PROVISIONS 1. AMENDMENTS AND REVISIONS: No substantial changes in the approved agreement may occur without prior written approval of the Society. The Contractor shall request prior approval for transfers among direct cost budget categories when the cumulative amount of such transfers exceeds or is expected to exceed ten percent of the total agreement budget, if the revision meets requirements applicable to OMB Circular A -87 cost principles. Official written notification shall be transmitted to the Society whenever a Contractor makes a revision for less than ten percent. Prior notification is also required by the Contractor to add budget items requiring approval for allocability of costs in accordance with OMB Circular, A -87and A -102, as applicable. Changes to the Scope of Work or milestone due dates described in the agreement must receive prior written approval from the Society. Approved changes shall be incorporated in written amendments to this contract. 2. TERMINATION FOR DEFAULT: Notwithstanding the above provisions, any breach of the terms and conditions of this contract by the Contractor shall, unless waived in writing by the Society, constitute a default. Upon default, the Society shall have no obligation to the Contractor, and the Society may select any remedy as provided and available under law. 3. PROPRIETARY RIGHTS: The Contractor agrees to and does hereby grant to all State agencies, political subdivisions of the State, and the United States Government irrevocable, nonexclusive, Page 4 of 7 pages nontransferable, and royalty-free license to use, according to law, any material or article and use any method that may be developed as a part of the work under this contract. 4. PROCUREMENT: The Contractor agrees to abide by all procurement regulations relevant to the National Park Service, National Register Program Guidelines (NPS -49) as described and set forth therein. No work or services, paid for wholly or in part with State or Federal funds will be contracted without the written consent of the Society. 5. ASSIGNMENT: The Contractor shall not assign this contract unless prior written approval is obtained from the Society. Subject to the foregoing, all of the terms and conditions hereof shall be binding upon the parties hereto and their respective successors and assigns. 6. NOTIFICATION: Any notice, information, product, orother communication required or permitted under this contract shall be delivered in person or by mail to the Society's or Contractor's known address. Notice of cancellation shall be delivered by registered mail, and any changes in address shall be reported in writing. 7. CONFLICT OF INTEREST: No party to this agreement, and no officer, agent, or employee of either party to this agreement who exercises any functions or responsibilities in the review or approval of the performance of this agreement shall participate in any decision relating to this agreement which would affect their person or pecuniary interest, directly or indirectly. Further, no member, officer or employee of the Society, including the Colorado Historic Preservation Review Board, and those who exercise responsibilities with respect to the Society, shall have any interest in this agreement, except such persons as may provide technical, consultative, or oversight assistance in a voluntary capacity. S. TERMINATION FOR CAUSE: The Society may suspend or terminate this agreement in whole, or in part, at any time before the date of completion, whenever it is determined that the Contractor has failed to comply with the provisions of the contract. Further, the Society may unilaterally terminate this contract at any time: a) if the Society determines in good faith on the basis of the institution of any action, suit or proceeding with respect to the project that the consummation of this contract would be illegal, or b) if the contractor defaults under this contract and such default is not fully cured to the satisfaction of the Society within ten (10) business days after written notice thereof has been sent to the Contractor. 9. PROVISIONS AND INCORPORATION: This contract is made in accordance with and shall be governed by the laws of the State of Colorado and applicable federal laws. Further, this contract, together with the Special Provisions which follow and the documents incorporated by reference, contains the entire agreement between the parties with respect to the project herein and contained in all of the terms and conditions thereof, and is therefore intended as the complete integration of all understandings between the parties. ZAXONTRACT CLG (Rev 3/09) Page 5 of 7 pages SPECIAL PROVISIONS (For Use Only with Inter - Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. - 2. FUND AVAILABILITY. CRS 24 -30 -202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24 -10 -101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY .AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT 1'0 THIS CONTRACT, CONTRACTOR ACKNOWLEDGES THAI THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED 10 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, "r0 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 REQUESTFD BY THE STA'T'E) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNT'S REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON - DISCRIMINATION. 'the Contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United 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. Page 6 Effective Date: July I, 2003 OSC Grant Signature Page -Rev 081007 Grant Routing Number: Approved Routing Waiver THE PARTIES HERETO HAVE EXECUTED THIS GRANT " Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE STATE OF COLORADO Bill Ritter, Jr. GOVERNOR Department of Higher Education By: Name of Authorized Individual Vera Ortegon By: E Nichols, State Historic Prerservation President of City Council Offic Title: Offical Title of Authorized Individual Signature Date: ✓ �Z "Signature Date: May 11, 2009 LEGAL REVIEW John W. Suthers, Attorney General By: Signature - Assistant Attorney General Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Grants, This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and /or services provided hereunder. STATE CONTROLLER D 'd J. McDermott, CPA By: 'Susan Riehl, Colorado Historical Society CFO OAY 2 2 2009 Page 1 of 1 ATTACHMENT A EXHIBIT 1 OMB Approval No. 0348 -0040 ASSURANCES -- NON - CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers„ or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives, 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5C,F.R. 900, Subpart F.) 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3) as amended, relating to the confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply with the provisions of the Hatch Act (5 U.S.C. 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), regarding labor standards for federally assisted construction subagreements. Page I oft 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102 (a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental policy Act of 1969 (P.L. 91- 190) and Executive Order (ED) 11514; (b) notification of violating facilities pursuant to EO 11738: (e) protection of wetlands pursuant to EO 1 1990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (0 conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176 (c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic river system. 13. Will assist with the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -I et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. President of City Council Title City of Pueblo Applicant Organization May 11, 2009 Date Submitted Page 2 of 2 ATTACHMENT A EXHIBIT 2 U.S. Department of the Interior Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug -Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced below for complete instructions Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions - (The prospective primary participant further agrees by submitting this proposal that It will include the clause entitled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. See below for language to be used; use this form for certification and sign; or use Department of the Interior Form 1954 (DI- 1954). See Appensdix A of Subpart D of 43 CFR part 12). Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions- (See Appendix B of Subpart Dof 43 CFR Part 12) Certification Regarding Drug -Free Workplace Requirements - Alternate I. (Grantees Other Than Individuals) and Alternate II. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR part 12) Signature on this form provides for compliance with certification requirements under 43 CFR Parts 12 and I& The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of the Interior determines to award the covered transaction, grant, cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions CHECK — IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSAC "PION AND IS APPLICABLE. (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; 0 Are not presently indicted for orotherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant in unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to the proposal. Page 1 of 4 PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions CHECK _ IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither It nor Its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART C: Certification Regarding Drug -Free Workplace Requirements CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that It will or continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use or a controlled substance is prohibited in the grantee's workplace and specifying the actions that will betaken against employees of violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (0 Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notify the agency in writing, within ten calendar days after receiving notice under subparagaraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended: or Page 2 of 4 (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check _ if there are workplaces on file that are not identified here. PART D: Certification Regarding Drug -Free Workplace CHECK _ IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of the controlled substance in conducting any activity with the grant. (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. PART E: Certification Regarding Lobbying Certification for Contracts, Grant, Loans, and Cooperative Agreements CHECK _ IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS $100,000; A FEDERAL GRANT OR COOPERATIVE AGREEMENT; SUBCONTRACT, OR SUBGRANT UNDER THE GRANTOR COOPERATIVE AGREEMENT. CHECK IF CERTIFICATION IS FOR THE AWARD OF A FEDERAL LOAN EXCEEDING THE AMOUNT OF $150,000 OR A SUBGRANT OR SUBCONTRACT EXCEEDING $100,000 UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Page 3 of 4 contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all times (including subcontracts, subgrants, acid contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the certifying official, 1 hereby certify that the above specified certifications are true. OF AUTHORIZE OFFICIAL Vera Ortegon President of City Council TYPED NAME AND TITLE DATE 11, 2009 Page 4 of 4 ATTACHMENT B EXHIBIT 1 PROJECT SCOPE OF WORK, STANDARDS AND SPECIFICATIONS Project Title: East Side Neighborhood Architectural and Historical Selective Inventory Project Number: 08 -09 -19 1. PROJECT PURPOSE The grant request is to fund a selwtive architectural inventory and detailed history of 43 properties in Pueblo's East Side Neighborhood for $21,500. The project will research and document properties that are itdanger of destruction via neglect or potential urban renewal projects. The poject also will inventory properties that appear to have good integrity and architectural significance, which may be potentially eligible for the local, state, or National Register. Currently, the East Side neighborhood has no designated properties. ThCLG funded neighborhood context study has generated great interest in the history of the East Side and the Historic Preservation Commission would like to build on the context study and expand their preservation efforts in a historically underrepresented neighborhood. Finally, the HPC would like to implement a preservation planning aspect to assist in potential urban renewal efforts to revitalize portions of the economically depressed neighborhood and inventory and identify significant properties befordhey are threatened by redevelopment or neglect while providing opportunities for restoration througHand marking and access to tax credits for private owners and State Historical Fund money for nonprofit/City partnerships. 2. SPECIFICATION OF WORK: Scope Element a. Consult with the Historical & Architectural Survey Coordinator at the Colorado Historical Society Office of Archaeology and Historic Preservation (OAHP) concerning survey methodology. b. Facilitate a kickoff meeting to explain the survey process, to answer questions, and to receive suggestions about local sources of information. c. Document 43 selected properties in the survey area through fieldwork that produces architectural descriptions, digital black and white photographic standards consistent with OAHP Photographic d. Conduct research on the history of the 43 properties identified, and, where necessary, contact current and former owners and longtime residents regarding the histories of the buildings, e. Submit a representative sample of 10 draft forms for review by OAHP staff. f. Complete and submit 43 draft OAHP site forms with associated photographs to OAHP and the City. g. Submit a draft survey report, per the current OAHP survey manual for review by OAHP Historical & Architectural Survey Coordinator and the national register historian. Page 1 of 2 pages h. Consult with the Historical & Architectural Survey Coordinator and National Register Historian regarding evaluations of eligibili i. Incorporate revisions and recommendations from the above review into the final survey report and submit required copies to OAHP and the City of Pueblo to provide the final survey database in a digital formal and the final survey report in PDF format to the City on CD -ROM. j. Present the final survey report and OAHP review findings at a neighborhood meeting near the conclusion of the project. 3. REQUIRED STANDARDS The consultant will follow all OAHP regulations and adhere to standards A and B outlined below. 4. PRODUCTS: The following products will be delivered to the Society as set forth in Attachment D. FOUR (4) ORIGINAL COPIES OF PRODUCTS (WITH THE EXCEPTION OF CULTURAL RESOURCE INVENTORY FORMS) MUST BE DELIVERED TO THE SOCIETY. a) _5 draft site forms b) 1 draft survey report and final draft forms submitted together c) 43 completed, revised, and researched site forms with photographs d) 4 original copies of the final survey report (in PDF format) and 1 final copy of each of the 43 site forms (in PDF format), lectronic information on CDROM contain all the project files, photographs, and reports. All survey projects must include the following required standards and required products. A. REQUIRED STANDARDS FOR SURVEY PROJECTS The following standards are required for all survey projects: 1. The Contractor agrees that all survey work shall be completed to the standards provided by the Colorado Historical Society (CHS or Society) and detailed in the Colorado Survey Manual Survey forms shall be provided by the Society. 2. Black and white photographs submitted shall be properly labeled in accordance with the Colorado Survey Manual Survey work shall also meet the Secretary of the Interior's Standards and Guidelines for Identification and Evaluation published September 29, 1983 in the Federal Register. Work not meeting the Secretary's Standards in the judgement of CHS staff shall not be reimbursed. Page 2 of 2 pages 4. Selection of Consultants: The CHS shall have the opportunity to participate in the selection of any consultants hired to conduct any portion of the above scope of work. The Consultant shall meet professional qualifications described in 36 CFR 61, "Procedures for Approved State and Local Government Historic Preservation Programs, April 13, 1984," or otherwise approved by the Society. The Contractor shall submit to the Society evidence of compliance with Federal competitive procurement requirements for professional services and subcontracts prior to reimbursement of costs. The Contractor shall have final decision rights as to selection of the professional consultant hereunder. Prior to the start of the project, the designated CLG representative shall discuss the scope of work and reporting requirements with the CHS staff. The Contractor's agreement with the consultant shall contain the following provision: "No member, officer, or employee of the CLG grant recipient, including advisory board, review board, or commission board members shall have any interest in the agreement or the process thereof, except that such persons may provide technical consultative, or oversight assistance in a voluntary capacity (i.e., unpaid, and the time not charged to the required matching share for the HPF grant." B. REQUIRED PRODUCTS FOR SURVEY PROJECTS The following are required products for all survey projects: 1. The Contractor shall prepare a draft and final survey report that follows the format outlined in the Colorado Survey Manual Included in the final survey report shall be a map which clearly delineates the project boundaries. The map shall also identify individual properties or districts that appear to meet the National Register criteria. The survey report shall also include a listing of all the properties surveyed with their state identification numbers and an evaluation of their significance. 2. The Contractor shall submit a USGS 7.5' quad map plus a city plat or planning map outlining the boundaries of the survey area with a key that identifies the boundaries of eligible districts, contributing and non - contributing properties and individually eligible properties, Each resource recorded during the project should be clearly identified on the map by appropriate site number. 3. The Contractor shall conduct a minimum of one public meeting to describe the results of the project. Minutes of the meeting shall be submitted to the CHS. 4. The Contractor shall submit all Inventory forms completed for the survey. These shall be typed with photographs placed in appropriate archival sleeves and attached to the forms. Page 3 of 2 pages