HomeMy WebLinkAbout6408RESOLUTION NO. 6408
A RESOLUTION APPROVING AN ENERGY IMPACT ASSISTANCE
CONTRACT NO. 2097 WITH THE COLORADO DEPARTMENT OF
LOCAL AFFAIRS AND AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE THE SAME
WHEREAS, it is a goal of the City to stimulate the
redevelopment of the downtown, and the Fort E1 Pueblo Heritage
Center is a component of the Downtown Redevelopment Plan; and
WHEREAS, the City has been offered a $100,000 Energy
Impact Assistance Contract, EIAF No. 2097, for the Fort E1 Pueblo
Heritage Center by the Colorado Department of Local Affairs; and
that: BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
SECTION 1.
An Impact Assistance Contract, EIAF No. 2097, between the
City and the Colorado Department of Local Affairs in substantially
the same form and content as that on file in the office of the
City Clerk is hereby approved. The President of City Council is
hereby authorized to execute the Contract on behalf of the City,
and the City Clerk shall affix the seal of the City thereto and
attest the same.
INTRODUCED JULY 10, 1989
BY SAMUEL CORSENTI
Councilman
APPROVED BY:
President of the Council
ATTES 1
City Cler
EIAF #2097
Severance Tax
DEPARTMENT OR AGENCY NUMBER
00 0
CONTRACT ROUTING NUMBER
CONTRAC THIS CONTRACT, made this � day of 1989, by and between the State of
Colorado for the use and benefit of the Department of ff airs. 313 Sherman Street Denver Colorado
80203 , hereinafter referred to as the State, and the City of Pueblo Colorado
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 unenc bered balance there of remains available for payment in Fund Number AWJ
G/L Account Number ` , Contract Encumbrance Number &=2 and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State desires to assist local 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 115 C.R.S., 1982, Rep. Vol., the Local Government Severance Tax
Fund is created, which is to be administered by the Department of Local Affairs; and
WHEREAS, applications for distributions from the Local Government Severance Tax Fund have been
received by the Department of Local 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 impact assistance from the Local
Government Severance Tax Fund;
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: Pueblo.
Colorado
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 James F. Munch , 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 expenditures. 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 termination date set forth in the
Time of Performance.
5. Compensation and Method of Payment The State agrees to pay to the Contractor, in consideration
for the work and services to be performed, a total amount not to exceed ONE HUNDRED THOUSAND AND
NO /100 - - - - - - - - - - - - - - Dollars ( $100.000.00 ). The method and time of payment shall be made in
accordance with the "Payment Schedule" set forth in Exhibit A.
Page 1 of 6 Pages
EIAF - 42097
6. Accounting At all times from the effective date of this Contract until completion of this Project, the
Contractor shall maintain properly segregated books of State funds, matching funds, and other funds associated with
this Project. All receipts and expenditures 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 Contract 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.
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 practicable 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 costs 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
conclusion of the Project, and in addition to any other reports required, submit a report and auditor's statement of
the Project account to the 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.
S. Personnel The Contractor represents that he has, or will secure at his own expense, unless otherwise
state 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 perform 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 satisfactory work completed on such documents and other
materials.
Nothwithstanding the above, the Contractor shall not be relleved 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.
Page 2 of 6 Pages
EIAF - # 2097
10. Termination for Convenience of State The State may terminate 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. Provided, however, that If less than sixty percent (60°x) 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. If this Contract is terminated due to the fault of the
Contractor, Paragraph 9 hereof relative to termination shall apply.
11. Changes 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 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. Employment Referrals. The Contractor shall accept and require that all subcontractors accept, from
either the Job Training Partnership Act Service Delivery Area employment and training agency or the Job Service
Center in the area, referrals as candidates for filling vacant job positions supported by or created as a result of funds
provided by the State under this Contract.
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 consultant 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 compensation for his performance pursuant
to this Contract.
C. A personal financial or economic interest Includes, but is not limited to:
1) any business entity in which the person has a direct or Indirect monetary interest;
li) 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 in which the person Is a director, officer, general or limited partner,
trustee, employee, or holds any position of management.
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 partner
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 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).
Page 3 of 6 Pages
EIAF - #2097
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 determined 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 15 shall constitute
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. Severabilit 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.
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 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 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
practicable 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 enterprises and need not conduct an Independent Investigation.
21. Workmen's Compensation Coverage The Contractor Is responsible for providing Workmen's
Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage or
requiring its subcontractors to provide such coverage for the sub - contractor's employees. In no case is the State
responsible for providing Workmen's Compensation Coverage for any employees or sub- contractors of Contractor
pursuant to this Agreement, and Contractor agrees to Indemnify the State for any costs for which the State may be
found liable In this regard.
22. Survivai 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.
Page 4 of 6 Pages
Revised 4/89
EIAF - #2097
Form 6- AC -02B
SPECIAL PROVISIONS
CON'TROLLER'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 assistant as he may designate. This
provision is applicable to any contract 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 being appropriated, budgeted and otherwise
made available.
BONI) REQUIREMENT
3. 1f this contract invoh es the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
road, bridge. Viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering 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 b% said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. 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
toil m duly p:r. for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in
pet formanec ; f the %kork cant acted 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 eigh* ;-( cent pe araum Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract
sha! I be au0i 3110w L or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado maybe accepted in lieu of a
bond. This provision is in compliance with 38 -26 -106 CRS, as amended.
INDMINIFICA11ON
4. To the cstent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims,
damages, !iabdity 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.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The ronvactor 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 practices (24 -34 -402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirma-
tive Action, dated April 16. 1975. Pursuant thereto, the JbIlondng provisions shall be contained in all State contracts or sub - contracts.
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, ancestn , mental or physical handicap, 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 action 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 employees and applicants for employment, notices to be pro -
vided by the 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 behalf 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 contractor understand-
ing, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
1975, and b} the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
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 organization 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 dis-
criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395 -53 -01 -1022
Revised 1/88 page -5___ of 6 pages Dc- 10-2306a-88
EIAF — #2097
Form 6- AC -02C
(7) In the event of the contractor's non - compliance with the non - discrimination clauses of this contractor 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 Opportunity and
Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph (1) through (8) in every sub - contract and subcontractor purchase order unless exempted by rules,
regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
upon each subcontractor 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 provisions, including sanctions for non - compliance; provided, however, that in the event the contractor becomes 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
6a. Provisions of 8 -17 -101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is deter-
mined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be avail-
able or would otherwise be inconsistent with requirements of federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of
the moneys or to eliminate the inconsistency with federal requirements (section 8 -19 -101 and 102, CRS).
GENERAL
7. 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.
8. 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.
9. The signatories hereto aver that they are familiar with I8 -8 -301, et. seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. seq., (Abuse of Public Office),
CRS 1978 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name)
____CITY OF PUEBLO COLORADO
Position Ti e) PRESIDENT
84- 6000615
Social Security Number or Federal I.D. Number
STATE COLORADO
ROY tOMER OVE
i
"5 EXE UTIVE RECTOR.
DEPARTMENT
OF LOCAL AFFAIRS
(If Corporation:)
Attest (Seal)
B y "Io�n/City/Count C. ,rate Secretary, or Eq k
APP VALS
A774 CO T O ER
B By
n t I r_r_n D f1 IN HALL
Ge,,"..i Legal Sorvlce8
r
Page 6 which is the last of 6 pages
395 -53 -01 -1030 (Revised 1 /88) *See instructions on reverse side. DC -10- 2305. -88
EXHIBIT A
SCOPE OF SERVICES
EIAF - #2097
EXHIBIT A
Scope of Services
The Project consists of the purchase by the City of Pueblo of the original site of the Fort El Pueblo
in downtown Pueblo, Colorado, for the relocation of the El Pueblo Museum. The property is
currently owned by the Pueblo Housing Authority. It includes a 31,680- square foot parcel of land
and a 7,662- square foot structure. Contractor for the Project is the City of Pueblo.
Up to $100,000 in Impact Assistance funds may be applied to the cost of purchasing the property.
Total purchase price is expected to be $200,000. The Contractor is responsible for all costs in
excess of $100,000.
Copies of any and all contracts entered into by the Contractor in order to accomplish this Project
will be submitted to the Department of Local Affairs, Financial Assistance Services Section, upon
execution, 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.
The Contractor shall comply with all applicable State and Federal laws, rules, regulations and
Executive Orders of the Governor of Colorado involving non - discrimination on the basis of race,
color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special
Provisions section of the main body of this Contract, the Contractor agrees to consider minorities
or minority businesses as employees, specialists, agents, consultants, or subcontractors under this
Contract. The Contractor may utilize the expertise of the State Minority Business Office within the
Office of the Governor for assistance in complying with the non - discrimination and affirmative action
requirements of the Contract and applicable statutes.
2. Time of Performance
The Project will commence upon the date of execution of this Contract.
The Project will end on or before July 31, 1991. However, this Contract may be extended a
maximum of twelve (12) months subject to the mutual agreement of the State and Contractor. A
request for extension by the Contractor shall be submitted to the State at least thirty (30) days prior
to the expiration of the Contract and shall include a full justification for the extension request. If
approved by the State, written notification will be provided to the Offices of the State Controller and
the State Attorney General.
3. Budget
REVENUE EXPENDITURES
Impact Assistance Funds $100,000 Land Acquisition $200,000
Contractor Funds 100.000
TOTAL $200,000 TOTAL $200,000
4. Payment Schedule
$ 65,000 Initial payment to be made within thirty (30) days of the
date of execution of this Contract.
30,000 In approximately two (2) interim payments reimbursing the
Contractor for actual expenditures made in the
performance of this Contract. Payments will be based
upon properly documented financial and narrative status
reports detailing expenditures made to date.
Page 1 of 2 pages
EIAF - #2097
EXHIBIT A
M. 5,000 Final payment to be made upon the completion of the
Project. The Contractor will submit a final financial and
narrative status report documenting the expenditure of all
Impact Assistance funds for which payment has been
requested.
$100,000 TOTAL
All requests for payment after the first payment will be initiated by the Contractor in accordance with
the provisions in Paragraph 6 of the main body of this Contract.
Contract Monitorina
The Department of Local Affairs, Financial Assistance Services Section, will monitor the Project on
an as- needed basis.
6. Reporting Schedule
The Contractor will submit financial and narrative status reports detailing Project progress and
properly documenting all to -date expenditures of Impact Assistance funds at the time payment
requests are made, in accordance with the payment schedule.
Page 2 of 2 pages
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
OFFICE OF THE EXECUTIVE DIRECTOR
1313 Sherman Street, Rm. 518
Denver, Colorado 80203
Phone (303) 866 -2771
OF �O'
9a
X876
L Cr:�w
f
Rov Romer
Governor
Timothv W. Schutt_
Executive Directo
Re: EIAF #%
Dear
Enclosed is your copy of the executed Impact Assistance contract
amendment referenced above.
Please work with f / LIZ -ii'
for continuing contract assistance
Sincerely,
Mary Cor-hish
Office of Rural Development
k you.
EIAF - #2097
DEPARTMENT OR AGENCY NUMBER
320000
CONTRACT ROUTING NUMBER
C c/
- 7
FIRST AMENDMENT
CONTRACT
THIS CONTRACT, made this day of Q 1990, by and between the State
of Colorado for the use and benefit of the Departmen 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 _, _ 5909 7 - , Contract Encumbrance Number and
1,27
7
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the parties hereto have entered into a Contract dated July 13, 1989, with Contract Routing
Number 90 -054, and Contract Encumbrance Number C850022, hereinafter called the Original Contract, for
the expenditure of Impact Assistance funds for the purchase by the City of Pueblo of the original site of the
Fort El Pueblo in downtown Pueblo, Colorado, for the relocation of the El Pueblo Museum; and
WHEREAS, at the time of the Contractor's original application for funding to assist In its Fort El Pueblo
project, which included the acquisition of property and remodeling, the Contractor had not secured the local
matching funds for the remodeling element of the project; and
WHEREAS, the Contractor has now secured local matching funds for the remodeling phase, which
will complete the project; and
WHEREAS, the Contractor and the State agree it is desirable to complete the project as described
in the Contractor's original application for financial assistance; and
WHEREAS, the State has approved supplemental Impact Assistance funds in the amount of $95,000
to allow the Project to proceed;
NOW THEREFORE it is hereby agreed that:
1. On page 1 of 6 pages of the main body of the Original Contract, the total contract amount shown
in paragraph "5. Compensation and Method of Payment be amended to read:
" 'ONE HUNDRED NINETY -FIVE THOUSAND AND NO/ 100 DOLLARS ($195,000.00) ."
2. The scope of services, Exhibit A to the Original Contract, be amended in the following manner:
a. The first sentence of the first paragraph under "1. Scope of Services on page 1 of 2 pages of
Exhibit A be amended to read as follows:
"The Project consists of the purchase and renovation by the City of Pueblo of the
original site of the Fort Ell Pueblo in downtown Pueblo, Colorado, for the relocation
of the El Pueblo Museum."
Page 1 of 4 pages
EIAF - #2097 (FIRST AMENDMENT)
b. The second paragraph under "1. Scope of Services on page 1 of 2 pages of Exhibit A be
amended to read as follows:
"Up to $195,000 in Impact Assistance funds may be applied to the cost of
purchasing the property, renovation of the structure and landscaping. The total
Project cost is expected to be $390,000. The Contractor is responsible for all
Project costs in excess of $195,000."
c. The first sentence of the second paragraph under "2. Time of Performance on page 1 of 2
pages of Exhibit A be amended to read as follows:
"The Project will end on or before December 31, 1991."
d. Section "3. Budget on page 1 of 2 pages of Exhibit A be amended to read as follows:
"REVENUE EXPENDITURES
Impact Assistance Funds $195,000 Land Acquisition $200,000
Contractor Funds 195,000 Demolition /Remodeling /Site Work 100,000
Plumbing /Electrical /Heating 71,000
Architectural /Engineering /Administration 19.000
TOTAL $390,000 TOTAL $390,000"
e. Items "II." and "III." under "4. Payment Schedule and pages 1 and 2 of Exhibit A be amended
to read as follows:
11. $120,250 In approximately four (4) interim payments reimbursing the
Contractor for actual expenditures made in the performance
of this Contract. Payments will be based upon properly
documented financial and narrative status reports detailing
expenditures made to date.
III. 9,750 Final payment to be made upon the completion of the Project.
The Contractor will submit a final financial and narrative status
report documenting the expenditure of all Impact Assistance
funds for which payment has been requested."
f. On page 2 of 2 pages of Exhibit A, the amount shown as the total under "4. Payment Schedule
be amended to read: 1195,000 ".
3. This Contract Amendment shall become effective upon full and proper execution.
4. All provisions of the Original Contract remain in effect except for the specific provisions modified
by this Contract Amendment.
Page 2 of 4 pages
Form 6- AC -02B
SPECIAL PROVISIONS
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 assistant as he may designate. This
provision is applicable to any contract 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 being appropriated, budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering 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 official in a penal sum not less than one -half of the total amount payable by the terms of this contract. 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
fail 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 favor of the contractor arising under this contract
shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurerof the State of Colorado may be accepted in lieu of a
bond. This provision is in compliance with 38 -26 -106 CRS, as amended.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees,
agents, subcontractors, or assignees pursuant to the terms of this contract.
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 practices (24 -34 -402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirma-
tive Action, dated April 16, 1975. Pursuant thereto, thejollowing provisions shall be contained in all State contracts or sub-contracts.
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 handicap, 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 action 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 employees and applicants for employment, notices to be pro-
vided by the 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 behalf 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 contractor understand-
ing, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
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 organization 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 dis-
criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395 -53 -01 -1022
Revised 1/88 page 3 of 4 a es
P g De -10- 2306x•88
EIAF — 42097
Form 6 -AC -02C
(7) In the event of the contractor's non - compliance with the non - discrimination clauses of this contractor 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 Opportunity and
Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph (1) through (8) in every sub - contract and subcontractor purchase order unless exempted by rules,
regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
dlaeas a means of enforcing such provisions, g skctions fornont orespect l nce; provided, however, that in the eve the contracto becomes s e n c olved ay
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
6a. Provisions of 8 -17 -101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is deter-
mined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be avail-
able or would otherwise be inconsistent with requirements of federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of
the moneys or to eliminate the inconsistency with federal requirements (section 8 -19 -101 and 102, CRS).
GENERAL
7. 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 "thole 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. 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.
9. The signatories hereto aver that they are familiar with 18 -8 -301, et. seq., (Bribery and Corrupt Influences) and 18- 8-401, et. seq., (Abuse of Public Office),
CRS 1978 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name)
STATE OF COLORADO
CITY PUEBLO, C RADO ROY MER, G V NOR
B
By
Positio • e) PRESIDENT •s Exec DT Dl
84- 6000615
Social Security Number or Federal I.D. Number
(If Corporation:)
Attest (Seal)
By
Corporate Secretary, or Equivalent, Town/City County Clerk
ATTORNEY GENE
B y T
FiFst As z'
General Legal Services I
395 -53 -01 -1030 (Revised 1/88)
DEPARTMENT
OF LOCAL AFFAIRS
APPROVALS
rage 4 which is the last of 4 pages
'See instructions on reverse side.
DC- 10- 2305a -88