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HomeMy WebLinkAbout5275RESOLUTION NO. 5275 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF COLORADO RELATING TO A SMALL BUSINESS SUPPORT CENTER. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Contract dated December 1, 1983 between the City of Pueblo, a Municipal Corporation, and the State of Colorado for the use and benefit of the Department of Local Affairs relating to a small business support center, copies of which are on file in the office of the City Clerk, having been approved by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute the Contract for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. Attest• • ity Clerk INTRODUCED November 14 BY _ MIK SALARDI Councilperson 1983 APPROVED �� e i enfof the City Council STATE CAF COLORADO DIVISION OF COMMERCE AND DEVELOPMENT of coo Department of Local Affairs NQ * * r Office of Impact Assistance` 1313 Sherman Street, Room 523 Denver, Colorado 80203 Phone (303) 866 -2674 Richard D. Lamm Governor J G 2 21- )176 Morgan Smith Executive Director Steve Schmitz r Division Director R E : ` - #- 4 %/ - 9- _ A, ,_c L' -tc- Dear Enclosed please find a copy of the fully executed contract between and the Department of Local - A , i ,s for the above - referenced project. An initial payment of $ Sr:lr <— — is due upon execution of the contract. This payment has been requested of our accounting office and will be forwarded to you once it has been processed. Please work with at in , for continuing contract assistance. enclosure Sincerely, '., Y / °{ f L° } Mindy R. Gewuerz Office of Impact As§i,�t"ance cc: Form 6-�(: QA, EIAF �� �/,1 - 1 - DEPARTMUNT OK A(;!. -NCY .°Nt %MFR COti7'RACT ROUTING NUMBEP. FV- / - 7 / CONTRACT THIS CONTRACT, made this 1 _day of Ace mberr _l9 83 by and bev.aeen tile: State of Colorado for the use and benefit of the Department of '' local Affairs, 1313 Sherman Strppt, DpnvPr Calnrarin hereinafter referred to as the State, and *2 o eETo -- hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and other} �ise made available and a sufficien unencumbered balance thereof remains a ilable for payment in Fund Numberz -0. __ 2 , G/L Account Numbe , Contract Encumbrance Number..,.. _7JZ_&; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS the State desires to assist state agencies, school districts, Total governments and political subdivisions of the State that are experiencing social and economic impacts resulting from the development of energy resource industries in Colorado; and WHEREAS, pursuant. to 39 -29 -101 to 114, and 34- 63101 and 102, C.R.S., 1973, as amended, Impact Assistance Funds are created, which are to be administered by the Department of local Affairs; and WHEREAS, applications for distributions from the Local Government Severance Tax Fund and°'the Mineral Impact Fund have been received by the Department of [vocal Affairs; and WHEREAS, the Executive Director desires to distribute said funds pursuant to law; and WHEREAS, the Contractor is an eligible political subdivision to receive energy impact assistance; NOW THEREFORE it is hereby agreed that: 1. Area Covered The Contractor shall perform and accomplish all the necessary work and services provided under this Contract, as described in the attached Exhibit A, which is incorporated herein and made part of this Contract by reference, in connection with and respecting the following area or areas: City and County of Pueblo 2. 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, hereinafter referred to as the "Project ". Work performed prior to the execution of this Contract shall not be considered part of this Project. 3. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Fred Weisbrod , an employee or agent of Contractor, who is hereby designated as the administrator -in- charge of this Project. At any time the administrator -in- charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator -in- charge and the State receives notification of such replacement assignment. 4. Time of Performance This Contract shall become effective upon proper execution 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 in the sequence set forth in the "Time of Performance" in the attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract shall not be eligible expendi- tures. The Contractor agrees that time is of the essence in the Page I of 7 pages Revised 2/83 performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Time of Performance. 5. Compensation and Method of Payme to the Contractor, in consideration for performed, a total amount riot to exceed and no cents The method and time of payment shall be "Payment Schedule" set forth in Exhibit nt. The State agrees to pay the work and services to be Forty Three Thousand dollars Do 1 I ar s 43, . 0 made in accordance with the A. 6. Accounting At all times from the effective date of this Contract until completion of this Project, the Contractor shall main- tain properly segregated books of State funds, matching funds, and other funds associated with this Project. All receipts and expendi- tures associated with said Project shall be documented in a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget without approval of the State. Adjustments of budget expenditure amounts in excess of ten percent (10 %) must be authorized by the State in an amendment to this Con- tract properly executed and approved pursuant to the State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in Paragraph 5 above. a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment by the State, the initial payment set forth in the Payment Schedule shall be made as soon as practi- cable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof of proper expenditure of State funds thus far received to a contract monitor designated by the State. b. The Contractor shall request the final payment, which is the amount withheld by the State until the Project is complete, for the Project by submitting to the contract monitor a detailed cost accounting of all State funds received and expended towards completion of the Project. Upon determining to its satisfaction that all funds received by the Contractor have been properly spent towards accomplishment of the Project, the State shall promptly make final payment to the Contractor. c. Within ninety (90) days of completion of the Project, the Contractor shall submit to the contract monitor a detailed cost accounting of expenditures of the final payment received from the State. Any State funds not expended in connection with the Project shall be remitted to the State at that time. 7. Audit The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records, books and accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed at a time convenient to the Contractor and during regular business hours. Whether or not the State calls for a discretionary audit as provided for in this paragraph, if the Project is accomplished within a single fiscal year of the Contractor, the Contractor shall, at the conclu- sion of the Project, and in addition to any other reports required, submit a report and auditor's statement of the Project account to the Page 2 of 7 pages Office of impact Assistance in the Department of Local Affairs. Such report shall be prepared in conjunction with Contractor's regular yearly audit, and must be submitted within six (6) months after the close of the then current Contractor's fiscal year. 8. Personnel The Contractor represents that he has, or will secure at his own expense, unless otherwise stated in Exhibit A, all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State. All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to per- form such services. 9. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his 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 five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models," photographs, 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 satis- factory 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 setoff until such time as the exact amount of damages due the State from the Contractor is determined. 10. Termination for Convenience of State The State may termi- nate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 9 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: Pro- vided, 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 attri- butable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 9 hereof relative to termination shall apply. 11. Chanqes The State may, from time to time, require changes in the scope of services of the Contract to be performed hereunder. However, this Contract is intended as the complete integration of all understandings between the parties, at this time, and no prior or contemporaneous addition, deletion, or other amendment hereto shall Page 3 of 7 pages have any force or effect, whatsoever, unless embodied in a written contract amendment incorporating such changes, including any increase or decrease in the amount of monies to be paid to the Contractor, executed and approved pursuant to the State's Fiscal Rules. 12. Reports At least two (2) copies of all reports prepared as a result of the Project will be submitted to the Office of Impact Assistance in the Department of local Affairs within two (2) weeks of completion of such reports. 13. Indemnification Contractor, in consideration for State's promises herein set forth, promises to indemnify, save and hold harm- less and defend State, and all of its employees and agents, acting officially or otherwise, from any and all liability, claims, demands, actions, debts and attorney fees arising out of, claimed on account of, or in any manner predicated upon loss or damage to the property of and injuries to, or death of all persons whatsoever, which may occur, or is sustained in connection with the performance of this Contract, or by conditions created thereby, or based upon any viola- tion of any statute, ordinance, or regulation, and the defense of any such claims or actions. 14.. Conflict of Interest. a. No employee of the Contractor shall perform or provide part -time services for compensation, monetary or otherwise, to a consultant or con- sultant firm that has been retained by the Contractor under the authority of this Contract. b. The Contractor agrees that no person at any time exercising any function or responsibility in connection with this Project on behalf of the Contractor shall have or acquire any personal financial or economic interest, direct or indirect, which will be materially affected by this Contract, except to the extent that he may receive compensa- tion for his performance pursuant to this Contract. c. A personal financial or economic interest includes, but is not limited toe i) any business entity in which the person has a direct or indirect monetary interest; ii) any real property in which the person has a direct or indirect monetary interest; iii) any source of income, loans, or gifts received by or promised to the person within twelve (12) months prior to the execution date of this Contract; iv) any business entity director, officer, trustee, employee, management. in which the person is a general or limited partner, or holds any position of For purposes of this subsection, indirect investment or interest means any investment or interest owned by the spouse, parent, brother, sister, son, daughter, father -in -law, mother -in -law, brother - in -law, sister -in -law, son -in -law, or daughter -in -law of the person, by an agent on his /her behalf, by a general, limited, or silent part- ner of the person, by any business entity controlled by said person, or by a trust in which he /she has substantial interest. A business entity is controlled by a person if that person, his /her agent, or a relative as defined above possesses more than fifty percent (50 %) of Page 4 of 7 pages the ownership interest. Said person has a substantial economic interest in a trust when the person or an above - defined relative has a present or future interest worth more than One Thousand Dollars ($1,000.00). d. In the event a conflict of interest, as described in this Paragraph 14, cannot be avoided without frustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as deter- mined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 9 above. Failure to file a disclosure statement required by this Paragraph 14 shall con- stitute grounds for termination of this Contract for cause by the State. 15. 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. 16. Severability 4To 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 invalid- ity 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. 17. 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. 18. 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. 19. Limitation to Particular Funds 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 con- tracting 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 this Contract. 20. Minority Business Enterprise Participation It is the policy of the State of Colorado that minority business enterprises 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 practi- cable and consistent with the efficient performance of this Contract. As used in this Contract, the term "minority business enterprise" means a business, at least 50 percent (50%) of which is owned by minority group members or, in the case of publicly owned businesses, at least 51 percent (51 %) of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish- speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority business enterprises and need not conduct an independent investigation. Page 5 of 7 pages SPEC i A L FROV I S I CffiS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until It shall have been approved by the Controller of the State of Colorado or such assistants as he may designate. This provision Is applicable to any con- tract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than $50,000.00 for the construction, erection, repair, maintenance, or Improvements of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work Included In this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said offi- cial In a penal sum not less than one -half of the total amount payable by the terms of this contracts, Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that If the contractor or his subcontractors fall to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor In performance of the work contracted to be done, the surety will pay the same In an amount not exceeding the sum specified In the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, Is executed, delivered and filed, no claim In facor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted In lieu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, If this contract provides for the payment of more than five thousand dollars and requires or Involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics shall be not less that the prevailing rate of wages for work of a similar na- ture in the city, town, village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8 -16 -101, CRS 1973. as amended. Notwithstanding special provision four, when the contractor is not the "state ", and the buildings Involved are not state buildings, nothing in this contract requires the contractor to comply with the prevailing wage law as set forth in C.R.S. 1973, 8 -16 -101, DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment prac- tices (24 -34 -402. CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Af- firmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or subcontracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical hand- icap, or age. The contractor will take affirmative action to Insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising: lay -offs or terminations: rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to empioyees•and applicants for employment, notices to be provided by contracting officer setting forth provisions of this non - discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on be- half of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the con- tracting officer, advising the labor union or workers' representative of the contractor's commitment un- der•the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules and regulations and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Page 6 of 7 Pages Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Or- ders of the Governor, or pursuant thereto, and will permit access to lets books, and accounts by the con- tracting agency and the office of the Governor or his designee for purposes of Investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any Individual otherwise qualified from full membership rights In such labor organization, or expel any such Individual from membership in such labor organlza- tlon or discriminate against any of Its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry, (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any per- son from complying with the provislons of this contract or any order Issued thereunder: or attempt, ei- ther directly or indirectly, to commit any act defined in this contract to be discriminatory, (7) in the event of, the contractor's non - compliance with the non - discrimination clause of this con- tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended In whole or In part and the contractor may be declared Ineligible for further State contracts In accordance with procedures authorized In Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations or orders promulgated in accordance therewith, and such other sanctions as may be Imposed and remedies as may be invoked as provided in Executive Order, Equal Opportu- nity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accor- dance therewith, or as otherwise provided by law. (8) The contractor will Include the provisions of paragraph (1) through (8) In every sub - contract and sub - contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Ex- ecutive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each sub - contractor or vendor. The contractor will take such action with respect to any sub - contracting or purchase order as the contracting agency may direct, as a means of enforcing such pro- visions, Including sanctions for non - compliance: provided, however, that in the event the contractor be- comes Involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter Into such litigation to protect the Interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8 -17 -101 d 102 CRS 1973 for preference of Colorado labor are applicable to this contract If public works within the State are undertaken hereunder and are financed In whole or In part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations Issued pursuant thereto shall be ap- plied 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- judlclal body or persons 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 ne- gate 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. 8. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -101, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no vlola- tlon of such provisions Is present. 9. The signatories aver that to their knowledge, no state employee has any personal or beneficial Interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. Pueblo, a Municipal Corporation, by Presi�nt the City Counci,- Contra Attest: City Clerk Approved: Cit torney STATE OF COLORADO RICHARD D. LAMM, GOVERNOR B Moroan Smith DEPARTMENT OF Local Affairs APPROVALS c q* ATTORNEY GE By � CON 0 LcR M b #4 . h U U 6 - By Page 7 of 7 Pages EXHIBIT A Scope of Services and Payment Schedule #917 EXHIBIT A I SCOPE OF SERVICES: The Project will design a small business support center composed of low -cost business rental space, management services and training for the incubation of small businesses to promote economic development in the Pueblo community. The Project will continue efforts that Uegan with the donation of a structure in the downtown area valued at $ 225,000, the contribution of funds from the City and Economic Development Administration for remodelling and renovation, and the selection of appropriate agencies and consultants to design and operate the facility. Project will specifically extend existing consultant services for one year or the service equivalent thereof to cover the interior design of flexible rental space, the design of business management services, the development of leasing, phone and budget systems for the building, staff training, and computer operations. A subcontract for necessary consultant services under this contract will be established by the City with the Pueblo Economic Development Corporation, the designated manager of the small business incubator facility. II TIME OF PERFORMANCE: Activities under this contract will commence within thirty (30) days of 1 December 1983 and be completed by 1 May 1985. III BUDGET: Revenues: Impact Grant $ 43,000 City 175,000 EDA - 992 - 4,000 1 ,' "u Expenditures: Consultant Services 43,000 Building renovation and remodeling 1,099,000 1,142,000 IV PAYMENT SCHEDULE: $ 38,700 Within thirty (30) days of execution of this contract 4,300 Within thirty (30) days of receipt and approval by the State of a Final Report as described below. 43,000 V REPORTING SCHEDULE: Progress reports will be composed by the contractor and delivered to the State at six month intervals beginning on 1 May 1984. Such reports will detail expenditures in the previous six months and to date under the contract, activities conducted, progress and problems encountered. A Final Report will be composed and delivered by the contrctor within thirty(30) days of completion of this project. This report will provide a final statement of expenditures under this contract , activities conducted and accomplishements. VI MONITORING: Activities and progress under this contract will be monitored by the Division of Commerce and Development on an as needed basis. All records, personnel and facilities requested by Division staff for this monitoring will be made available by the contractor during normal business hours. Page 1 of 1 Page