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HomeMy WebLinkAbout6996RESOLUTION NO. 6996 A RESOLUTION APPROVING THREE APPLICATIONS AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO SIGN AND FILE APPLICATIONS FOR STATE HISTORICAL FUND MONIES WHEREAS, it is a goal of the Pueblo Regional Comprehensive Development Plan to preserve the Archaeological, Architectural, Historical, and Natural Resources which contribute to the character, individuality, and cultural heritage of Pueblo; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: cPrTrnnI 1 Three applications, as listed below, Colorado State Historical Society for State substantially the same form and content as that of the City Clerk are hereby approved. The Council is hereby authorized to execute each of behalf of the City. Survey and Planning Funding: by the City to the Historical monies, in on file in the office President of the City these applications on Pueblo Mountain Park - National Register District Nomination - $2,500 Survey and Planning Funding: Mineral Palace Park - National Register District Nomination - $2,500 Survey and Planning Funding: El Pueblo - Nomination - $61,000 ATTEST: Au� j - 61 City Clerk INTRODUCED AUGUST 24, 1992 BY MICHAEL OCC, HIATO Councilperson APPROVED BY: A_ ;dl Pre ident of the Council COLORADO HISTORICAL SOCIETY The Colorado History Museum 1300 Broadway Denver, Colorado 80203 -2137 April 22, 1993 James F. Munch, Director of Planning City of Pueblo 211 E. "D" Street, P.O. Box 1427 Pueblo, Co 81002 -1427 RE: Project #93 -01 -80 Pueblo Mountain Park Historic District Registration Dear Mr. Munch: Enclosed is a fully executed copy of Contract #930180 for the above State Historical Fund grant award. Please retain in your files. Your first two products, an "OAHP Consultation ", and a "Copy of initial news release" are due April 20, 1993. Please contact Joseph Bell at (303) 866 -3035 if you have any questions regarding these products. I'm looking forward to working with you towards a successful project during the contract period. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Gloria J. uniz Grants Ad ' istrator (303) 866 -4 A P Hi 2 3 1993 Form 6- AC- 02A(R5/91) Department or Agency name C6 0 - 0 I ' s i S oCIF i r Department or Agency number G - CA Routing Number APPROVED WAIVER FORM CONTRACT ti- THIS CONTRACT, Made this] day of AM i , by and between the State of Colorado for the use and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver, Colorado 80203, hereinafter referred to as the State and /or the Society, and the City of Pueblo, Department of Planning and Development, 211 E. "D" Street, P.O. Box 1427, Pueblo, Colorado 81002 -1427, 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 under Encumbrance Number 30/0 in Fund Number 401 , Appropriation Account 401 and Organization FC ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist public and private applicants in the historic preservation and restoration of historical sites and municipalities throughout the state; and WHEREAS, pursuant to Article 12- 47.1 -1201 of the Colorado Revised Statues otherwise known as the "Limited Gaming Act of 1991 ", provides for the annual distribution of monies from the State Historical Fund created by Subsection (5) (b) (III) of said Section 9; and WHEREAS, the Colorado Historical Society is the principal agency authorized by the state to administer such funds for the purpose of providing historic preservation grants; and WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award; and WHEREAS, this Contract (hereinafter "Contract" or "Agreement ") sets forth the Project Scope of Work, Standards and Specifications, Products, Budget and Project Time and Payment Schedule, hereinafter referred to as the 'Project" , NOW THEREFORE, it is hereby agreed that: 1. The Contractor shall use funds subject to this Contract in support of the Pueblo Mountain Park Historic District Registration (Project #93 -01 -80), in accordance with the Project Scope of Work attached hereto as Exhibit A, including all applicable plans and specifications, which are hereby made a part of this Contract by reference. If indicated below such plans and specifications developed during the contract period shall become a part of this Contract and shall control the project performance upon written approval thereof by the State in the form attached hereto as Attachment 5. Page 1 of 9 pages a. Plans and specifications are (check one): / not required. have been developed, are dated and are hereby made a part of this Contract. are to be developed during the Contract period. Initials /State Representative Initials /Grant Recipient 2. Any modification of the implementation of this Project must receive prior written approval of the State Historical Society, and be properly incorporated into this Contract by amendment in accordance with the State's Fiscal Rules. 3. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the products described in accordance with the pertinent sections of the Secretary of the Interior's Standards for Archaeology and Historic Preservation and, as applicable, the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating of Historic Buildings for Development Projects, and the National Register Bulletin 16, Guidelines for Completing National Register of Historic Places Forms, National Park Service, 1991, for a National Register Form Preparation Project. Contractor shall perform any and all survey activities and products in accordance with the Colorado Historical Society's Survey Manual and How to Complete Colorado Cultural Resource Inventory Forts, Third Edition, 09/91 for any and all survey activities and projects (copies of which are available through the Society). 4. REMEDIES: In addition to any other remedies at law or equity or specified elsewhere in this Contract, the State shall have the right to withhold payment, declare all or part of the work ineligible for reimbursement, or take other corrective action if the Contractor fails to perform these activities in accordance with the Standards and the terms and conditions of this Contract. 5. CONTRACT PERIOD: The term of this Contract shall be from April 15, 1993 through April 30, 1994. The Project Scope of Work must be commenced within sixty (60) days of the Contract beginning date unless a longer period is approved in writing by the State Historical Fund (SHF) Administrator. The Project Scope of Work must be completed no later than thirty (30) days prior to the Contract ending date. 6. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to the Project Time and Payment Schedule set forth in Exhibit B, the State shall pay to the Contractor on an expense reimbursement basis a grant not to exceed Two - thousand five- hundred dollars ($2,500). Any and all Project costs in excess of this grant amount are the responsibility of the Contractor. Unless otherwise specified in Exhibit B, the State shall pay fifty- percent (50 %) of the grant amount to the Contractor upon submission of the Interim Project Status Report and Interim Financial Report. The remaining fifty- percent (50 %) of the grant amount shall be paid following Contractor's submission of the Final Project Status Report, Final Financial Report and Final Report. All payments are subject to satisfactory completion of milestones described in Exhibit B and submission by Contractor of documented proof of expenditures with each financial report. Exceptions: Contracts with an approved advance payment and Mini -grant Awards ($2,500 and Page 2 of 9 pages under) shall receive a portion, as defined in Exhibit B, of their award upon proper execution of this Contract. The remaining balance of the award shall be paid following Contractor's submission of the Final Project Status Report, Final Financial Report and Final Report. Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State reimbursement. If the Project involves matching funds the SHF may permit prior expenditures in furtherance of the Project Scope of Work to be counted as part of such matching funds. Any such previously expended funds allowed toward the match amount shall be noted in Exhibit C. 7. 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 C. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget without approval of the State and document in the next financial report. 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 6 above. Interest earned on funds advanced by the State shall be applied to eligible project expenditures and documented in financial reports. 8. 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 three (3) 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. 9. PARTIES RELATIONSHIP: The Contractor is a grantee and not an employee or agent of the State. Contractor shall have no authority, express or implied, to bind the State to any agreements or understandings without the express written consent of the State. The Contractor represents that it has, or shall secure at its own expense all personnel by the Contractor under this Contract. The Contractor is responsible for providing Workmen's Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent required by law, and for ensuring that all subcontractors maintain such insurance. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder shall be performed by the Contractor or under his supervision. 10. REPRESENTATIVES: For the purpose of this contract, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing new or substitute representatives: For the State: Gloria J. Muniz Grants Administrator Name Title For the Contractor: James F. Munch Director of Planning__ Name Title 11. NOTICES: All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing substitute addresses or persons to whom such notices shall be sent. Page 3 of 9 pages To the State: Gloria J. Muniz Grants Administrator Colorado Historical Society 1300 Broadway Denver, Colorado 80203 To the Contractor: James F. Munch Director of Planning City of Pueblo 211 E. "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 12. 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. Further, all real property improvements shall conform to applicable ADA requirements. 13. REPORTS: The Contractor shall deliver to the State Project Status Reports (Attachment 1) and Financial Reports (Attachment 2) documenting the progress of the Project, and the Final Report (Attachment 3), as described in the Project Time and Payment Schedule (Exhibit B). The Contractor further agrees that reports are to be completed on State provided forms (Attachments 1-4). Failure to meet the report deadlines may result in termination of the Contract. 14. MATCHING FUNDS: The Contractor agrees to make available the necessary funds to complete the Project and provide matching funds, if applicable, in accordance with the Project Budget as set forth in Exhibit C. In the event that said matching funds become unavailable, the state may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. The Contractor further agrees: a. To the extent that this Project is funded from sources other than the State Historical Fund, expenditures in furtherance of the Project shall be pro -rated among the funding sources in accordance with their percentage of the total project budget; and b. If the total funding set fourth in the Project Budget is not expended on completion of the Project, the State shall be reimbursed its pro -rata share of the unexpended budget. 15. CONSULTANTS /SITE VISITS: The State shall have the right, but not the duty, to provide assistance in any or all of the following manner: a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines; b. Make recommendations to project personnel concerning the selection of an architect or other professional consultants; and /or C. Make site visits as determined necessary by the State before, during and /or at the conclusion of the Project to provide on -site technical advice and to monitor progress. Any exercise of the State's rights under this Paragraph 15 shall not relieve the Contractor of any of its Contract obligations. 16. LETTER OF AGREEMENT: If required, in the sole discretion of the state, the provisions Page 4 of 9 pages found in Exhibit D, State Historical Fund Letter of Agreement, which is attached hereto and executed by the parties of this contract, are hereby incorporated in this Contract and made a part hereof if indicated below: a. Letter of Agreement Required: Yes 1/ No Initials /State Representative � Initials /Grant Recipient 17. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE: When issuing press releases, official statements, or documents that describe the project funded by the State Historical Fund grants program, and in all publications funded under this Contract, a credit line must be included that reads: "This project is /was partially funded by a State Historical Fund grant award from the Colorado Historical Society." All Acquisition and Development projects must acknowledge state assistance by means of a temporary but prominently displayed project sign that will be provided by the State. 18. HISTORIC REGISTER: If the Project affects a different property listed on the National Register or State Register, the applicant will consult with the Colorado Historical Society's Office of Archaeology and Historic Preservation, and also will act in accordance with the Secretary of the Interior's Standards for Archaeology and Historical Preservation. 19. 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, in addition to other remedies, 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, products and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. 20. 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 of 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 paid for with State funds shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made. Provided, however, that if less than sixty percent (60 %) of the project covered by this Contract has been completed 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 Page 5 of 9 pages under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the project covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 19 hereof relative to termination shall apply. 21. CHANGES: The State may, at its discretion, require changes in the Project Scope of Work 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, including an increase or decrease in the amount of monies to be paid to the Contractor, shall have any force or effect whatsoever, unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, changes in the project time may be agreed to by letter amendment of Exhibit B, but the Contract Period may not be so extended. 22. 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, d 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: i) any business entity in which the person has a d or ind monetary interest; ii) any real property in which the person has a direct or ind 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). d. In the event of a conflict of interest, as described in this Paragraph 22, 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 Page 6 of 9 pages for cause, as provided in Paragraph 19 above. Failure to file a disclosure statement required by this Paragraph 22 shall constitute grounds for termination of this Contract for cause by the State. 23. 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. 24. SEVERABILITY: To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 25. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 26. 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. 27. 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 owed 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 minority/women enterprises and need not conduct an independent investigation. 28. SURVIVAL OF CERTAIN CONTRACT TERMS: Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance of 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. 29. SUBCONTRACTS: All subcontracts for performance of the Project shall be awarded through an open and competitive selection process to qualified offerors meeting the Contractors specifications. Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall be submitted to the Society, 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. 11 /a:93- 01- 80.ctr Page 7 of 9 pages Form 6 -AC -02a SPECIAL PROVISIONS CONTROLLER'S APPROVAL, I. 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 fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involved 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 execute 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 Treasurer of.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 1988 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following 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. 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 agreements or other contract or understanding, notice to be provided by the contracting officer, advertising 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 organizations, 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 handicap, race, creed, color, sex, age, national origin, or ancestry. ( 24 -34-402 (1) (c) ) (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 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. ( 24 -34 --402 (1) (e) ) Page 8 of 9 pages Revised 5/91 395 -53-01 -1022 Perm 6- AC -02C (7) In the event of the contractor's non - compliance with the non - discrimination clauses of this contractoror 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, a6thorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such others 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, subcontractor and purchase order, 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 hereunder 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 determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available 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 -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 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. seq., (Abuse of Public Office), CRS 1986 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: �j STATE OF COLORADO (Full Legal Name) Q�'L�� RO I Y,R4= FA Y yKASTELIC R / Position(Title) PRESIDENT, PUEBLO CITY COUNCIL 84- 6000615 Social Security Number or Federal I.D. Number (If Corporation:) Attest (Seal) By orporation Secretary, Fyuivalent, Town /Cit County /Clerk ATTORNEY GENERAL By DEP OF R APPROVALS CONT LLE By 395 -53 -01 -1030 (Revised 5/91) Page 9 which is the last of 9 pages *See instructions on reverse side. Grant Recipient Name: City of Pueblo EXHIBIT A Project Title: Pueblo Mountain Park Historic District Nomination Project Number: 93 -01 -80 PROJECT SCOPE OF WORK, STANDARDS, AND SPECIFICATION I. Project Purpose: The purpose of the project is to prepare and submit to the State Preservation Office the nomination of the Pueblo Mountain Park in Beulah, Colorado, to the National Register of Historic Places. A second purpose is to heighten the public's awareness of the property and its significance through media publication upon listing. II. Specification of Work: A. Media news release upon signing of contract to solicit information from public. B. Research: April 15, 1992 - September 31, 1992. 1. Archival and Primary Source. 2. Site Survey and Photographs. C.:Submittal and Hearing before the State Review Board: January 1, 1993 - March 31, 1993. D. Media Publication: Upon Listing. This schedule may vary depending upon the deadline for submittal for hearing before the State Review Board but in no case would extend beyond one year. III. Products A. The following products will be delivered to the Society: 1. OAHP Consultation 2. Copy of initial news release 3. Draft nomination 4. Nomination of Pueblo Mountain Park to the National Register of Historic Places. 5. Copy of media news release, upon listing. Page 1 of 1 City of Pueblo Exhibit B Pueblo Mountain Park Historic District Nomination Project #93 -01 -80 PROJECT TIME AND PAYMENT SCHEDULE COMPLETION SOCIETY PRODUCTS DATE RESPONSE 1. NA NA Advance Payment $2,000 2. OAHP Consultation 4/20/93 Review /consult 3. Copy of initial 4/20/93 Review news release 4. Draft of nomination 10/15/93 Review & approve 5. Nomination 12/1/93 Review & approve 6. Copy of media upon listing Review publication 7. Final Project 3/31/94 Review & approve Status Report Final Financial Report 8. Final Report 3/31/94 Review & approve Payment $500 7/a:9301 -80.38 Page 1 of 1 page City of Pueblo Grant Recipient Pueblo Mountain Park Project Title 93 -01 -80 Project Number 1. Personnel Project Director Researcher Secretarial/ Graphic Support 2. Contracts 3. Supplies Copier, Film De Postage, Telephone, Fax, Off Supplies: TOTAL. $ 250 4. Equipment PROJECT BUDGET Match Grant Cash In -kind Request $ 160 $2,500 $1,340 EXHIBIT C Project Total $2,500 $1,340 $ 250 Pagel of 2 pages City of Pueblo Grant Recipient Pueblo Mountain Park Project Title 93 -01 -80 Project Number 5. Travel Mileage PROJECT BUDGET Match Grant Cash In -kind Request $ 200 EXHIBIT C cont. Project Total $ 200 6. Other Expenses Interlibrary Loans Research /Bibliograp $ 50 & Overage $ 50 TOTALS $2,000_ $2,500 $4,500 Columns must correctly total both across columns and down rows. Page 2 of? pages STATE HISTORICAL FUND PROTECT STATUS REPORT GRANT RECIPIENT: Project Title: Please check one and complete time period covered Interim Project Status report covering period of Final Project Status report covering period of to to Print or type legibly. Complete each section, if not applicable answer NA. COLUMN A. List all project products /deliverables in the same numerical order as in Exhibit B, Project Time and Payment Schedule of your contract. COLUMN B. Indicate the completion date for that particular product per the Project Time and Payment Schedule. COLUMN C. Indicate with a yes /no whether or not that particular product is being submitted at this time or what numerical amount of the product is being submitted. COLUMN D. Indicate the cumulative actual or percentage ( %) of product completed. A. List products B. Completion Date C. Submitted this period D. Cumulative actual or % completed 1. Z. 3. 4. 5. 6. I hereby certify that all of the products produced are in accordance with the Secretary of the Interior's Standards for Archaeology and Historic Preservation and that the survey activities performed are in accordance with the CHS Survey Manual and How To Complete Colorado Cultural Resource Inventory Forms, Third Edition 9191. Grant Recipient Date: Attachment 1 Project Number: Date Reviewed/ Signature SHF Administration Date _� ffll®IIjlllI I :�I CIA r✓ Q N O Car a Q U w Q w a Q U C� L � �t x H z 0 H a F-r o U V �O H a I w 0 0 a� 0 V t O NN� F'+r �U C� LYr V G. O H V O A H O Ol U C� ccS a� r� 0 0 x v 0 H a o � U� U U �O cti H r Ln 'b L 0 3 U H a c7 a� Cd H x H O x U N O H CZr z H a O U N H H O V b G, a� a� H 0 a. a� H H cl ri O U 0 Cd G c� H G b CA U w H , U U r-r U Q) C� O $ E - H 9r u Cd Q Li O cd H b x H I \ b U N a; J O O H ai U ai H H O V b G, a� a� H 0 a. a� H H cl ri O U 0 Cd G c� H G b CA U w H , U U r-r U Q) C� O $ E - H 9r u Cd Q Li O cd H b x H I \ b U N a; J IN �a�' m Attachment 3 STATE HISTORICAL FUND FINAL PROJECT REPORT GRANT RECIPIENT: Project Title: Date: Project Number: Describe the work completed during the project time period in the space provided below. The description should compare planned work, schedules, expenditures, etc. with actual project work completed. If additional space is necessary please confine yourself to one additional sheet only. If additional materials (brochures, photographs, maps, etc.) have been requested by SHF staff or if such materials would further clarify or supplement the written description of the project work, they should be placed in an attached envelope. Be sure to clearly label all additional pages and materials with the Grant Recipient name, Project Title and Project Number. I certify that all figures, facts and information contained in this report are true and correct. Grant Recipient Date Reviewed /Signature SHF Administration Date !i l II 1,;I_.... Attachment 4 STATE HISTORICAL FUND REIMBURSEMENT REQUEST FORM GRANT RECIPIENT: Date: Project Title: Date: I hereby certify that all the figures, facts and information contained in this request are true and correct, and that all bills and invoices included in this reimbursement request have been paid. Grant Recipient /Project Director Date Authorized Official (if applicable) Date Documentation for all items listed MUST be attached (receipts, canceled check copies, etc.). Please number receipts, etc. to match line item. You may make additional copies of this form as needed. ITEM /EXPENSE COST AMOUNT TO BE REIMBURSED MATCHING AMOUNT 1) 2) 3) 4) 5) 6) 7) 8) TOTAL t)o_ - NOT write in this ni .APPR( V1.1l) FOR PfAYM1 NT GGA --•--• ..........................--............................... --............................ ):.its...._....- - -.._. li SFIFA ......................_................. ..... ................. ............. i ......... _... . Project Number: Conaillents: Aniount ......._.. ...- - -- Date - - -- �� 3 /a:EXHATTCH.gg COIOItADO HI STORICAL SOCIETY The Colorado History Museum 1300 Broadway Denver, Colorado 80203 -2137 April 22, 1993 James F. Munch, Director City of Pueblo 211 "D" Street, P.O. Box 1427 Pueblo, Co 81002 -1427 RE: Project #93 -01 -81 El Pueblo Survey and Planning Dear Mr. Munch: Enclosed is a fully executed copy of Contract #930181 for the above State Historical Fund grant award. Please retain in your files. Your first two products, a ", Photo in in re port " and a "Remo sensin report ", are due July 1, 1993. Please contact Joseph Bell at (303) 866-3035 if you have any questions regarding this product. I'm looking forward to working with you towards a successful project during the contract period. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Glom' J. Muniz Grants Administrator (303) 86"6 4609 xc: J�41 Bell A P 199; I 6- AC- 02A(R5/91) Department or Agency name C ' L-o - /JISiC - iC /7L .smf,iI- Department or Agency number GCq Routing Number APPROVED WAIVER FORM CONTRACT ti THIS CONTRACT, Made this day of Ape /c- , by and between the State of Colorado for the use and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver, Colorado 80203, hereinafter referred to as the State and /or the Society, 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 uncommitted balance thereof remains available for encumbering and subsequent payment of this Contract under Encumbrance Numbe 30/ i/ in Fund Number 401 , Appropriation Account 401 and Organizatio and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist public and private applicants in the historic preservation and restoration of historical sites and municipalities throughout the state; and WHEREAS, pursuant to Article 12- 47.1 -1201 of the Colorado Revised Statues otherwise known as the "Limited Gaming Act of 1991 ", provides for the annual distribution of monies from the State Historical Fund created by Subsection (5) (b) (III) of said Section 9; and WHEREAS, the Colorado Historical Society is the principal agency authorized by the state to administer such funds for the purpose of providing historic preservation grants; and WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award; and WHEREAS, this Contract (hereinafter "Contract" or "Agreement ") sets forth the Project Scope of Work, Standards and Specifications, Products, Budget and Project Time and Payment Schedule, hereinafter referred to as the 'Project" , NOW THEREFORE, it is hereby agreed that: 1. The Contractor shall use funds subject to this Contract in support of the El Pueblo Survey and Planning (Project #93 -01 -81), in accordance with the Project Scope of Work attached hereto as Exhibit A, including all applicable plans and specifications, which are hereby made a part of this Contract by reference. If indicated below such plans and specifications developed during the contract period shall become a part of this Contract and shall control the project performance upon written approval thereof by the State in the form attached hereto as Attachment 5. Page 1 of 9 pages Plans and specifications are (check one): not required. have been developed, are dated and are hereby made a part of this Contract. are to be developed during the Contract period. r Initials /State Representative Initials /Grant Recipient 2. Any modification of the implementation of this Project must receive prior written approval of the State Historical Society, and be properly incorporated into this Contract by amendment in accordance with the State's Fiscal Rules. 3. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the products described in accordance with the pertinent sections of the Secretary of the Interior's Standards for Archaeology and Historic Preservation and, as applicable, the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating of Historic Buildings for Development Projects, and the National Register Bulletin 16, Guidelines for Completing National Register of Historic Places Forts, National Park Service, 1991, for a National Register Form Preparation Project. Contractor shall perform any and all survey activities and products in accordance with the Colorado Historical Society's Survey Manual and How to Complete Colorado Cultural Resource Inventory Forms, Third Edition, 09/91 for any and all survey activities and projects (copies of which are available through the Society). 4. REMEDIES: In addition to any other remedies at law or equity or specified elsewhere in this Contract, the State shall have the right to withhold payment, declare all or part of the work ineligible for reimbursement, or take other corrective action if the Contractor fails to perform these activities in accordance with the Standards and the terms and conditions of this Contract. 5. CONTRACT PERIOD: The term of this Contract shall be from May 1, 1993 through June 1, 1994. The Project Scope of Work must be commenced within sixty (60) days of the Contract beginning date unless a longer period is approved in writing by the State Historical Fund (SHF) Administrator. The Project Scope of Work must be completed no later than thirty (30) days prior to the Contract ending date. 6. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to the Project Hme and Payment Schedule set forth in Exhibit B, the State shall pay to the Contractor on an expense reimbursement basis a grant not to exceed Forty -five thousand dollars ($45,000). Any and all Project costs in excess of this grant amount are the responsibility of the Contractor. Unless otherwise specified in Exhibit B, the State shall pay fifty- percent (50 %) of the grant amount to the Contractor upon submission of the Interim Project Status Report and Interim Financial Report. The remaining fifty- percent (50 %) of the grant amount shall be paid following Contractor's submission of the Final Project Status Report, Final Financial Report and Final Report. All payments are subject to satisfactory completion of milestones described in Exhibit B and submission by Contractor of documented proof of expenditures with each financial report. Exceptions: Contracts with an approved advance payment and Mini -grant Awards ($2,500 and Page 2 of 9 pages under) shall i eceive a portion, as defined in Exhibit B, of their award upon proper execution of this Contract. The remaining balance of the award shall be paid tullowing Contractor's submission of the Final Project Status Report, Final Financial Report and Final Report. Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State reimbursement. If the Project involves matching funds the SHF may permit prior expenditures in furtherance of the Project Scope of Work to be counted as part of such matching funds. Any such previously expended funds allowed toward the match amount shall be noted in Exhibit C. 7. 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 C. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget without approval of the State and document in the next financial report. 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 6 above. Interest earned on funds advanced by the State shall be applied to eligible project expenditures and documented in fmancial reports. 8. 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 three (3) years after the date fmal 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. 9. PARTIES RELATIONSHIP: The Contractor is a grantee and not an employee or agent of the State. Contractor shall have no authority, express or implied, to bind the State to any agreements or understandings without the express written consent of the State. The Contractor represents that it has, or shall secure at its own expense all personnel by the Contractor under this Contract. The Contractor is responsible for providing Workmen's Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent required by law, and for ensuring that all subcontractors maintain such insurance. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder shall be performed by the Contractor or under his supervision. 10. REPRESENTATIVES: For the purpose of this contract, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing new or substitute representatives: For the State: Gloria J. Muniz Grants Administrator Name Title For the Contractor: James Munch Director of Planning Name Title 11. NOTICES: All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing substitute addresses or persons to whom such notices shall be sent. Page 3 of 9 pages WTI To the State: Gloria J. Muniz Grants Administrator Colorado Historical Society 1300 Broadway Denver, Colorado 80203 To the Contractor: James F. Munch Director of Planning City of Pueblo 211 "D" Street P.O. Box 1427 Pueblo, Colorado 81002 -1427 12. 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. Further, all real property improvements shall conform to applicable ADA requirements. 13. REPORTS: The Contractor shall deliver to the State Project Status Reports (Attachment 1) and Financial Reports (Attachment 2) documenting the progress of the Project, and the Final Report (Attachment 3), as described in the Project lime and Payment Schedule (Exhibit B). The Contractor further agrees that reports are to be completed on State provided forms (Attachments 1 -4). Failure to meet the report deadlines may result in termination of the Contract. 14. MATCHING FUNDS: The Contractor agrees to make available the necessary funds to complete the Project and provide matching funds, if applicable, in accordance with the Project Budget as set forth in Exhibit C. In the event that said matching funds become unavailable, the state may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. The Contractor further agrees: a. To the extent that this Project is funded from sources other than the State Historical Fund, expenditures in furtherance of the Project shall be pro -rated among the funding sources in accordance with their percentage of the total project budget; and b. If the total funding set fourth in the Project Budget is not expended on completion of the Project, the State shall be reimbursed its pro -rata share of the unexpended budget. 15. CONSULTANTS /SITE VISITS: The State shall have the right, but not the duty, to provide assistance in any or all of the following manner: a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines; b. Make recommendations to project personnel concerning the selection of an architect or other professional consultants; and /or C. Make site visits as determined necessary by the State before, during and /or at the conclusion of the Project to provide on -site technical advice and to monitor progress. Any exercise of the State's rights under this Paragraph 15 shall not relieve the Contractor of any of its Contract obligations. Page 4 of 9 pages 16. LETTER OF AGREEMENT: If required, in the sole discretion of the state, the provisions found in Exhibit D, State Historical Fund Letter of Agreement, which is attached hereto and executed by the parties of this contract, are hereby incorporated in this Contract and made a part hereof if indicated below: a. Letter of Agreement Required: Yes No Initials /State Representative Initials /Grant Recipient 17. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE: When issuing press releases, official statements, or documents that describe the project funded by the State Historical Fund grants program, and in all publications funded under this Contract, a credit line must be included that reads: "This project is /was partially funded by a State Historical Fund grant award from the Colorado Historical Society." All Acquisition and Development projects must acknowledge state assistance by means of a temporary but prominently displayed project sign that will be provided by the State. 18. HISTORIC REGISTER: If the Project affects a different property listed on the National Register or State Register, the applicant will consult with the Colorado Historical Society's Office of Archaeology and Historic Preservation, and also will act in accordance with the Secretary of the Interior's Standards for Archaeology and Historical Preservation. 19. 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, in addition to other remedies, 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, products and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. 20. 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 of 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 paid for with State funds shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made. Provided, however, that if less than sixty percent (60 %) of the project covered by this Contract has been completed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the Page 5 of 9 pages 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 project covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 19 hereof relative to termination shall apply. 21. CHANGES: The State may, at its discretion, require changes in the Project Scope of Work 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, including an increase or decrease in the amount of monies to be paid to the Contractor, shall have any force or effect whatsoever, unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, changes in the project time may be agreed to by letter amendment of Exhibit B, but the Contract Period may not be so extended. 22. 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 fmancial or economic interest, d or ind 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: 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 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). d. In the event of a conflict bf interest, as described in this Paragraph 22, 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 Page 6 of 9 pages USE interest, as determined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 19 above. Failure to file a disclosure statement required by this Paragraph 22 shall constitute grounds for termination of this Contract for cause by the State. 23. 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. 24. SEVERABILITY: To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 25. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 26. 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. 27. 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 owed 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 minority/women enterprises and need not conduct an independent investigation. 28. SURVIVAL OF CERTAIN CONTRACT TERMS: Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance of 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. 29. SUBCONTRACTS: All subcontracts for performance of the Project shall be awarded through an open and competitive selection process to qualified offerors meeting the Contractors specifications. Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall be submitted to the Society, 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. 8/a:93-01- 81.ctr Page 7 of 9 pages ray 6- AC -02n SPECIAL PROM ISIONS CONTROLLER'S APPROVAL L This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant a, 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 fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involved 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 execute 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 Treasurer of 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 1988 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following 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. 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 agreements or other contract or understanding, notice to be provided by the contracting officer, advertising 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 Govemor. (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 organizations, 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 handicap, race, creed, color, sex, age, national origin, or ancestry. ( 24- 34-402 (1) (c) ) (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 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. ( 24 -34 -402 (1) (e) ) Revised 5/91 395 -53 -01 -1022 Paqe 8 of 9 naqes Form S- AC -02C (7) In the event of the contractor's non - compliance with the non - discrimination clau of thi� contractor or with any of such rules, regulations, orordcrs, this contract may be cancelled, teiminat:d or suspended in whole or in part and the contractor ma} he declared inc :wible for further State contract; in accordance with procedures, authorized in Executive Or,�er- Equal Opportunity and Affirmati c Action of April 16. 1975 and the rt,,es, regulations, or orders promulgated in accordance therewith, and such others sanction; as may be imposed and remedies as ,nay be invoked as provided in Execttive Order, Equal Opportunity and Affirmative Action of April 16. 1975 or by rules, regulation;, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph ( I ) through (8) in every sub - contract, subcontractor and purchase order, 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 hereunder 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 determined by the officer responsible forawarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available 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 -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 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. seq., (Abuse of Public Office), CRS 1986 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) Fay B. astelic Position(Title) President, Pueblo City Council 84- 6000615 STATE OF COLORADO R ER, GOVE OR y E CUTIVE IRECTOR� DEPARTMEMM`� OF Social Security Number or Federal I.D. Number (If Corporation:) Attest (Seal) B Corporation secretary, or Equivalent, Town /Ci County /Clerk ATTORN GENERAL By (t s Are nu -KX,7 _ L a m APPROVALS aor CONTROI A By 395 -53 -01 -1030 (Revised 5/91) Page 9 which is the last or 9 pages *See instructions on reverse side. EXHIBI1 A City of Pueblo E1 Pueblo Survey and Planning Project No. 93 -01 -81 PROJECT SCOPE OF WORK, STANDARDS, AND SPECIFICATIONS I. Project Purpose The E1 Pueblo Project has discovered tangible evidences of E1 Pueblo, an approximately 1842 -1854 settlement and namesake for the modern City. The site was abandoned in 1854, after the deaths of almost all the inhabitants, and was buried by the 1880s growth of the modern City of Pueblo, and its location was lost for over 100 years. The importance of El Pueblo to our heritage stimulated a 1979 nomination to the National Register of Historic Places which was unsuccessful because, at that time, the settlement was believed to have been completely destroyed. Multi- disciplinary research since 1989 by the University of Southern Colorado succeeded in identifying tangible buried remains, including four walls. It is not yet known how much of E1 Pueblo survived, what part of the site has been discovered, and answers to similar questions. The Project seeks ways to resolve questions such as where, what, when, why, how big, and other unknowns about the site. Resolutions of some questions about the site can be through computer interpretations of an 1873 photograph showing the site, which can produce predictions of locations, identifications, dimensions, and orientations of E1 Pueblo and related phenomena. Subsurface remote sensing will also aid in answering some of the questions and can be used to test for presences of phenomena interpreted from the photograph and to produce predictions of distributions of other subsurface phenomena. Core samples and test pit excavations will test the identities and locations of phenomena predicted from the photointerpretation and subsurface sensing. II. Specification of Work Photointerpretation, subsurface remote sensing, archaeological testing, and development of a plan for future work will be the foci of the Project. These will attempt to identify and locate remains of El Pueblo and evidences of impacts which could have destroyed E1 Pueblo evidences. The 1873 photograph is oblique and two - dimensional and shows what are believed to be ruins of E1 Pueblo in a middle ground between other structures of the City. The initial research will focus on verifying the locations of the other structures in the photograph so that computer aided manipulations can predict the horizontal and vertical locations of the structures and their relationships to the ruins of E1 Pueblo. The product of the computer aided manipulations will be a three - dimensional image of the E1 Pueblo ruins located in their proper orientation and location on contemporary maps of the City. The walls exposed from the excavations to date can be compared with compass bearings, dimensions and other attributes of walls identified in the computerized model of the site, and "matches" can be predicted. The matches will permit us to predict the relationships of the walls exposed archaeologically to the whole site. Other phenomena in the photograph can also be located, such as the accurate 1873 location of the Arkansas River channel and other drainages visible in the photograph. Page 1 of 3 Pages EXHIBIT A (Cont.) Subsurface remote sensing will attempt to identify and locate subsurface features which could be parts of El Pueblo, features of later impacts, and former topographic features, such as river channels. The remote sensing will be conducted from the present day ground surfaces of the site, which are paved streets, parking lots, and similar surfaces. The features predicted from the sensing can then be compared with predictions of locations of E1 Pueblo features from the photo interpret at ion and with post -E1 Pueblo features identified from plats and other archival information. Core sampling and test pit excavations will test the identities of deposits and features predicted from the subsurface remote sensing and from the photo interpret at ion. It is predicted that many anomalies will be found which are not related to E1 Pueblo, later structures, or to former topographic features. Such anomalies can be consequences of the many floods of the area and related erosions and fills, unrecorded buildings, and from many other sources. Artifacts and other remains will be inventoried in the field to determine the relationships of deposits and features, but will not be subjected to in -depth laboratory analyses. Knowledge acquired from the research will be synthesized into an overall plan for site development, and also into recommendations concerning nominations to State and /or National Registers of Historic Places. The project will be performed in twelve months from April, 1993 through April, 1994. III. Products A. The following products will be delivered to the Society: The research will aid in determining the former and present limits and distributions of parts of the site of E1 Pueblo, of post -El Pueblo impacts which destroyed parts of the site, and relationships of other subsurface phenomena in the site area. The conclusions will aid in planning and development of the E1 Pueblo Plaza, a City center cultural complex, and of the site of E1 Pueblo. 1. Report of the interpretation of the 1873 photograph of downtown Pueblo and the attempt to construct a three dimensional photointerpretation predictive model of the site of E1 Pueblo and its location, and also of other phenomena in the site area visible in the photograph. 2. Report of remote sub - surface sensing in the area of the site to identify locations of phenomena which may be presences of E1 Pueblo - related remains or may be post -E1 Pueblo impacts which may have destroyed E1 Pueblo- related remains. 3. Report describing the testing of predictions by subsurface sampling strategies and excavations. The tests will be of both the horizontal locations and depths of E1 Pueblo- related remains and of post -E1 Pueblo impacts and other remains. Tests of the predictions will also be through through analysis of materials and data recovered and productions of maps and profiles identifying the distributions of phenomena discovered. This will be "streamlined" analysis with the primary purpose being predictions of chronological, spatial, cultural, and functional affiliations of the materials and data recovered relative to answering questions about E1 Pueblo, and not "in depth" analysis relative to other questions. 4. Project Status Report and Financial Report. 5. Brief Project Narrative. 6. Project Status Report and Financial Report Page 2 of 3 Pages 7. Final Report. This will include a synthesis of the knowledge acquired into a plan for predicting the probable overall distributions of surviving evidences of E1 Pueblo remains and of areas where the evidences have probably not survived. The report will also include recommendations for or against nominations to the State and /or National Registers of Historic Places for the site of E1 Pueblo. The nominations, if applicable, will be made by the City of Pueblo. Page 3 of 3 Pages EXHIBIT B City of Pueblo E1 Pueblo Survey and Planning Project No. 93 -01 -81 PROJECT TIME AND PAYMENT SCHEDULE PRODUCTS COMPLETION DATE SOCIETY RESPONSE /PAYMENT 1. Photo interpretation 7/1/93 report 2. Remote sensing report 7/1/93 3. Excavation report 10/1/93 4. Interim status report 10/1/93 and financial report S. Brief project narrative 10/1/93 6. Project status report 4/1/94 and financial report 7. Final report 4/1/94 Review and approve Review and Review and Review and appro payment Review and Review and approve approve ve $22,500 approve approve Review and approve $22,500 final payment Page 1 of Exhibit B pity of Pueblo Grant Recipient El Pueblo Survey and Planning Project Title 93 -01 -81 Project Number PROJECT BUDGET Match 1. Personnel Cash In -kind Project Grants Volunteers /Consultan 2. Contracts Project 3. Supplies Project 4. Equipment Project $8,000 $10,000 EXHIEIZ Grant Project Request Total $ 36,065 X36,065 8,000 10,000 4,000 4,000 1 11000 3,185 3,185 Consultants 10,000 10,000 City of Pueblo 10,000 10,000 Page 1 of 2 pages See page 2 for explanations of notations. City of Pueblo Grant Recipient El Pueblo Survey and Planning Project Title 93 -01 -81 Project Number 5. Travel Pr oject 6. Other Expenses TOTALS EXHIBIT C Cont. PROJECT BUDGET Match Cash In -kind $8,000 $30,000 Grant Project Request Total $750 $750 $45,000 $83,000 Columns must correctly total both across columns and down rows. Page 2 of 2 pages #1 - Funds available as of 1/1/93 from Boettcher and Packard Foundation Grants administered by the University of Southern Colorado Foundation, #2 - Estimated values of voluntary laborers and consultants from EBASCO and other sources. Exact values cannot be determined because the magnitudes of the efforts contributed will not be known until the project is underway. #3 - Estimation of the value of equipment for the consultant uses, The exact equip - ment cannot be identified at this time #4 - Estimated value of earthmoving and other equipment provided by the City of Pueblo, STATE HISTORICAL FUND PROJECT STATUS REPORT GRANT RECIPIENT: Project Title: Please check one and complete time period covered Date: Project Number: Interim Project Status report covering period of Final Project Status report covering period of Attachment 1 to Print or type legibly. Complete each section, if not applicable answer NA. COLUMN A. List all project products /deliverables in the same numerical order as in Exhibit B, Project Time and Payment Schedule of your contract. COLUMN B. Indicate the completion date for that particular product per the Project Time and Payment Schedule. COLUMN C. Indicate with a yes /no whether or not that particular product is being submitted at this time or what numerical amount of the product is being submitted. COLUMN D. Indicate the cumulative actual or percentage ( %) of product completed. A. List products B. Completion Date C. Submitted this period D. Cumulative actual or % completed 1. 2. 3. 4. 5. 6. I hereby certify that all of the products produced are in accordance with the Secretary of the Interior's Standards for Archaeology and Historic Preservation and that the survey activities performed are in accordance with the CHS Survey Manual and How To Complete Colorado Cultural Resource Inventory Forms, Third Edition 9191. Grant Recipient Date Reviewed /Signature SHF Administration Date 'l' C u C u c� M a� z V U O a h U N O a O W O O U Gq F, a� 0 v 0 a� �U CC$ w O c.. O Q ai Llr O a. a� i.. U U 4. O U T3 C: C� O U 41 O a a� b a� cl O U O 03 O 'C7 G cd w M 6J U a� Q c� t.� C� 1-. Q G O cd ti x 3 U Attachment 3 STATE HISTORICAL FUND FINAL PROJECT REPORT GRANT RECIPIENT: Project Title: Date: Project Number: Describe the work completed during the project time period in the space provided below. The description should compare planned work, schedules, expenditures, etc. with actual project work completed. If additional space is necessary please confine yourself to one additional sheet only. If additional materials (brochures, photographs, maps, etc.) have been requested by SHF staff or if such materials would further clarify or supplement the written description of the project work, they should be placed in an attached envelope. Be sure to clearly label all additional pages and materials with the Grant Recipient name, Project Title and Project Number. I certify that all figures, facts and information contained in this report are true and correct. Grant Recipient Reviewed/ Signature SHF Administration Date Date Attachment 4 STATE HISTORICAL FUND REIMBURSEMENT REOUEST FORM GRANT RECIPIENT: Project Title: Date: Project Number: I hereby certify that all the figures, facts and information contained in this request are true and correct, and that all bills and invoices included in this reimbursement request have been paid. Grant Recipient /Project Director Authorized Official (if applicable) Date Date Documentation for all items listed MUST be attached (receipts, canceled check copies, etc.). Please number receipts, etc. to match line item. You may make additional copies of this form as needed. ITEM /EXPENSE COST AMOUNT TO BE REIMBURSED MATCHING AMOUNT 1) 2) 3) 4) S) 6) 7) 8) TOTAL D o NOT write in this area APPROVED F'(At PAY!vIENT Comments: t;GA __._ ....... _ - - -... _.__.....---- _ —____ Date ....... .......... -- ....--- ...... ............... II SI IFA _ _ -- ._.._.._.__........._.._ —_ ....__ _ —_ ___._........ Date -- _..._...- ................ ---............ ......__....._....._........... - -.... II �I 1'R(: ix"I' y' W i' �t Amo Di.te - - - - -- 3 /a:EX1-1ATrC11.gg COr0RADO HISTORICAL SOCIETY The Colorado History Museum 1300 Broadway Denver, Colorado 80203 -2137 April 22, 1993 James F. Munch, Director of Planning City of Pueblo 211 E. "D" Street, P.O. Box 1427 Pueblo, Co 81002 -1427 RE: Project #93 -01 -82 Mineral Palace Gardens Park Historic District Registration Dear Mr. Munch: Enclosed is a fully executed copy of Contract #930182 for the above State Historical Fund grant award. Please retain in your files. Your first two products, an "OAHP Consultation ", and a "Copy of initial news release" are due April 20,1993. Please contact Joseph Bell at (303) 866 -3035 if you have any questions regarding this product. I'm looking forward to working with you towards a successful project during the contract period. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Gloria Muniz Grants dministrator (303) 8 4609 ILL 1 Form 6- AC- 02A(R5/91) Department or Agency name Colorado Historical Society Department or Agency number GCA Routing Number APPROVED WAIVER FORM CONTRACT THIS CONTRACT, Made this /f day of 4 ,0 41 L , by and between the State of Colorado for the use and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver, Colorado 80203, hereinafter referred to as the State and /or the Society, and the City of Pueblo, 211 E. 'D" Street, P.O. Box 1427, Pueblo, Colorado 81002 -1427, 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 under Encumbrance Number 73048.Z in Fund Number 401 , Appropriation Account 401 and Organization SH — ;and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist public and private applicants in the historic preservation and restoration of historical sites and municipalities throughout the state; and WHEREAS, pursuant to Article 12- 47.1 -1201 of the Colorado Revised Statues otherwise known as the "Limited Gaming Act of 1991 ", provides for the annual distribution of monies from the State Historical Fund created by Subsection (5) (b) (I11) of said Section 9; and WHEREAS, the Colorado Historical Society is the principal agency authorized by the state to administer such funds for the purpose of providing historic preservation grants; and WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award; and WHEREAS, this Contract (hereinafter "Contract' or "Agreement ") sets forth the Project Scope of Work, Standards and Specifications, Products, Budget and Project Time and Payment Schedule, hereinafter referred to as the 'Project' , NOW THEREFORE, it is hereby agreed that: 1. The Contractor shall use funds subject to this Contract in support of the Mineral Palace Gardens Park Historic District Registration (Project #93- 01 -82), in accordance with the Project Scope of Work attached hereto as Exhibit A, including all applicable plans and specifications, which are hereby made a part of this Contract by reference. If indicated below such plans and specifications developed during the contract period shall become a part of this Contract and shall control the project performance upon written approval thereof by the State in the form attached hereto as Attachment 5. Page 1 of 9 pages a. Plans and specifications are (check one): /not required. have been developed, are dated and are hereby made a part of this Contract. are to be developed during the Contract period. Initials /State'Representative Initials /Grant Recipient 2. Any modification of the implementation of this Project must receive prior written approval of the State Historical Society, and be properly incorporated into this Contract by amendment in accordance with the State's Fiscal Rules. 3. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the products described in accordance with the pertinent sections of the Secretary of the Interior's Standards for Archaeology and Historic Preservation and, as applicable, the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating of Historic Buildings for Development Projects, and the National Register Bulletin 16 Guidelines for Completing National Register of Historic Places Forms, National Park Service, 1991, for a National Register Form Preparation Project. Contractor shall perform any and all survey activities and products in accordance with the Colorado Historical Society's Survey Manual and How to Complete Colorado Cultural Resource Inventory Forms, Third Edition, 09/91 for any and all survey activities and projects (copies of which are available through the Society). 4. REMEDIES: In addition to any other remedies at law or equity or specified elsewhere in this Contract, the State shall have the right to withhold payment, declare all or part of the work ineligible for reimbursement, or take other corrective action if the Contractor fails to perform these activities in accordance with the Standards and the terms and conditions of this Contract. 5. CONTRACT PERIOD: The term of this Contract shall be from April 15, 1993 through April 30, 1994. The Project Scope of Work must be commenced within sixty (60) days of the Contract beginning date unless a longer period is approved in writing by the State Historical Fund (SHF) Administrator: The Project Scope of Work must be completed no later than thirty (30) days prior to the Contract ending date. 6. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to the Project Time and Payment Schedule set forth in Exhibit B, the State shall pay to the Contractor on an expense reimbursement basis a grant not to exceed Two - thousand five- hundred dollars ($2,500). Any and all Project costs in excess of this grant amount are the responsibility of the Contractor. Unless otherwise specified in Exhibit B, the State shall pay fifty- percent (50 %) of the grant amount to the Contractor upon submission of the Interim Project Status Report and Interim Financial Report. The remaining fifty- percent (50 %) of the grant amount shall be paid following Contractor's submission of the Final Project Status Report, Final Financial Report and Final Report. All payments are subject to satisfactory completion of milestones described in Exhibit B and submission by Contractor of documented proof of expenditures with each financial report. Exceptions: Contracts with an approved advance payment and Mini -grant Awards ($2,500 and Page 2 of 9 pages under) shall receive a portion, as defined in Exhibit B, of their award upon proper execution of this Contract. The remaining balance of the award shall be paid following Contractor's submission of the Final Project Status Report, Final Financial Report and Final Report. Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State reimbursement. If the Project involves matching funds the SHF may permit prior expenditures in furtherance of the Project Scope of Work to be counted as part of such matching funds. Any such previously expended funds allowed toward the match amount shall be noted in Exhibit C. 7. 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 C. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget without approval of the State and document in the next financial report. 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 6 above. Interest earned on funds advanced by the State shall be applied to eligible project expenditures and documented in financial reports. 8. 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 three (3) 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. 9. PARTIES RELATIONSHIP: The Contractor is a grantee and not an employee or agent of the State. Contractor shall have no authority, express or implied, to bind the State to any agreements or understandings without the express written consent of the State. The Contractor represents that it has, or shall secure at its own expense all personnel by the Contractor under this Contract. The Contractor is responsible for providing Workmen's Compensation Coverage and Unemployment Compensation , Coverage for all of its employees to the extent required by law, and for ensuring that all subcontractors maintain such insurance. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder shall be performed by the Contractor or under his supervision. 10. REPRESENTATIVES: For the purpose of this contract, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing new or substitute representatives: For the State: Gloria J. Muniz Grants Administrator Name Title For the Contractor: James F. Munch Director of Planning Name Title 11. NOTICES: All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing substitute addresses or persons to whom such notices shall be sent. Page 3 of 9 pages To the State: Gloria J. Muniz Grants Administrator Colorado Historical Society 1300 Broadway Denver, Colorado 80203 To the Contractor: James F. Munch Director of Planning City of Pueblo 211 E. "D" Street P.O. Box 1427 Pueblo, Colorado 81002 -1427 12. 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. Further, all real property improvements shall conform to applicable ADA requirements. 13. REPORTS: The Contractor shall deliver to the State Project Status Reports (Attachment 1) and Financial Reports (Attachment 2) documenting the progress of the Project, and the Final Report (Attachment 3), as described in the Project Time and Payment Schedule (Exhibit B). The Contractor further agrees that reports are to be completed on State provided forms (Attachments 1 -4). Failure to meet the report deadlines may result in termination of the Contract. 14. MATCHING FUNDS: The Contractor agrees to make available the necessary funds to complete the Project and provide matching funds, if applicable, in accordance with the Project Budget as set forth in Exhibit C. In the event that said matching funds become unavailable, the state may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. The Contractor further agrees: a. To the extent that this Project is funded from sources other than the State Historical Fund, expenditures in furtherance of the Project shall be pro -rated among the funding sources in accordance with their percentage of the total project budget; and b. If the total funding set fourth in the Project Budget is not expended on completion of the Project, the State shall be reimbursed its pro -rata share of the unexpended budget. 15. CONSULTANTS /SITE VISITS: The State shall have the right, but not the duty, to provide assistance in any or all of the following manner: a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines; b. Make recommendations to project personnel concerning the selection of an architect or other professional consultants; and /or C. Make site visits as determined necessary by the State before, during and /or at the conclusion of the Project to provide on -site technical advice and to monitor progress. Any exercise of the State's rights under this Paragraph 15 shall not relieve the Contractor of any of its Contract obligations. Page 4 of 9 pages 16. LETTER OF AGREEMENT: If required, in the sole discretion of the state, the provisions found in Exhibit D, State Historical Fund Letter of Agreement, which is attached hereto and executed by the parties of this contract, are hereby incorporated in this Contract and made a part hereof if indicated below: a. Letter of Agreement Required: Yes V No Initials /State Representative Initials /Grant Recipient 17. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE: When issuing press releases, official statements, or documents that describe the project funded by the State Historical Fund grants program, and in all publications funded under this Contract, a credit line must be included that reads: "This project is /was partially funded by a State Historical Fund grant award from the Colorado Historical Society." All Acquisition and Development projects must acknowledge state assistance by means of a temporary but prominently displayed project sign that will be provided by the State. 18. HISTORIC REGISTER: If the Project affects a different property listed on the National Register or State Register, the applicant will consult with the Colorado Historical Society's Office of Archaeology and Historic Preservation, and also will act in accordance with the Secretary of the Interior's Standards for Archaeology and Historical Preservation. 19. 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, in addition to other remedies, 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, products and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. 20. 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 of 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 paid for with State funds shall, at the option of the State, become its'property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made. Provided, however, that if less than sixty percent (60 %) of the project covered by this Contract has been completed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the Page 5 of 9 pages ..wrM 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 project covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 19 hereof relative to termination shall apply. 21. CHANGES: The State may, at its discretion, require changes in the Project Scope of Work 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, including an increase or decrease in the amount of monies to be paid to the Contractor, shall have any force or effect whatsoever, unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, changes in the project time may be agreed to by letter amendment of Exhibit B, but the Contract Period may not be so extended. 22. 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: 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 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). d. In the event of a conflict of interest, as described in this Paragraph 22, 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 Page 6 of 9 pages interest, as determined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 19 above. Failure to file a disclosure statement required by this Paragraph 22 shall constitute grounds for termination of this Contract for cause by the State. 23. 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. 24. SEVERABILITY: To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 25. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 26. 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. 27. 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 owed 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 minority/women enterprises and need not conduct an independent investigation. 28. SURVIVAL OF CERTAIN CONTRACT TERMS: Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance of 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. 29. SUBCONTRACTS: All subcontracts for performance of the Project shall be awarded through an open and competitive selection process to qualified offerors meeting the Contractors specifications. Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall be submitted to the Society, 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. 11 /a:93-01- 82.ctr Page 7 of 9 pages Form 6- AC -02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL. I. 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 fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involved 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 execute 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 Treasurer of 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 1988 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following 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. 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 agreements or other contract or understanding, notice to be provided by the contracting officer, advertising 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 famish 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 organizations, 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 handicap, race, creed, color, sex, age, national origin, or ancestry. ( 24 -34-402 (1) (c) ) (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 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. ( 24- 34-402 (1) (e) ) Page 8 of 9 pages Revised 5/91 395 -53-01 -1022 Fp rm 6 _AG -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 others 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 (I ) through (8) in every sub- contract, subcontractor and purchase order, 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 hereunder 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 determined by the officer responsible forawarding the bid that compliance with this subsection .O6 may cause denial of federal funds which would otherwise be available 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 -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 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. seq., (Abuse of Public Office), CRS 1986 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 Nam G FAY / d. KASTELIC Position (Title) PRESIDENT, PUEBLO CITY COUNCI 84- 6000615 Social Security Number or Federal I.D. Number (If Corporation:) Attest (Seal) By 124 1 Alt Jk V - - __ secretary, a Equivalent, Town City /County /Clerk ATTORNEY ENERAL y� By r STATE OF COLORADO R RO ER, GOVERNOR -5 XECUTtV ' DIRECTO DEPARTMENT z / OF �� (,cam, 7d- �e.Lac APPROVALS CONTRO LE 44 By 395-53-01-1030 (Revised 5/9 1) Page 9 which is the last or 9 pages *See instn ctions on reverse side. Grant Recipient Name: City of Pueblo EXHIBIT A Project Title: Pueblo Mineral Palace Park Historic District Nomination Project Number: 93 -01 -82 PROJECT SCOPE OF WORK, STANDARDS, AND SPECIFICATION I. Project Purpose: The purpose of the project is to prepare and submit to the State Preservation Office the nomination of the Pueblo Mineral Palace Park in Pueblo, Colorado, to the National Register of Historic Places. A second purpose is to heighten the public's awareness of the property and its significance through media publication upon listing. II. Specification of Work: A. Media news release upon signing of contract to solicit information from public. B. Research: April 15, 1992 - September 31, 1992. 1. Archival and Primary Source. 2. Site Survey and Photographs. C.;Nomination Preparation: October 1, 1992 - December 31, 1992. D. Submittal and Hearing before the State Review Board: January 1, 1993 - March 31, 1993. E. Media Publication - Upon listing. This schedule may vary depending upon the deadline for submittal for hearing before the State Review Board but in no case would extend beyond one year. III. Products A. The following products will be delivered to the Society: 1. OAHP Consultation 2. Copy of initial news release 3. Draft of nomination 4. Nomination of Pueblo Mineral Palace Park to the National Register of Historic Places. 5. Copy of Media news release, upon listing. Page 1 of 1 owl �I City of Pueblo Exhibit B Mineral Palace Park Historic District Nomination Project #93 -01 -82 PROJECT TIME AND PAYMENT SCHEDULE COMPLETION SOCIETY PRODUCTS DATE RESPONSE 1. NA NA Advance Payment $2,000 2. OAHP Consultation 4/20/93 Review /consult 3. Copy of initial 4/20/93 Review news release 4. Draft of nomination 10/15/93 Review & approve S. Nomination 12/1/93 Review & approve 6. Copy of media upon listing Review publication 7. Final Project 3/31/94 Review & approve Status Report Final Financial Report 8. Final Report 3/31/94 Review & approve Payment $500 7/a:9301 -82.38 Page 1 of 1 page Ci of Pueblo _ Grant Recipient Mineral Palace Park Historic District Project Title 93 -01 -82 Project Number 1. Personnel Project Director Researcher Secretarial/ Graphic Support 2. Contracts 3. Supplies Copier, Film Develop Postage, Telephone, Fax, Of S TOTAL 4. Equipment PROJECT BUDGET Match Grant Cash In -kind Request 160 $1,340 $ 250 Page 1 of 2 pages $2,500 EXHIBIT C Project Total $ 160 $2,500 $1,340 $ 250 Grant Recipient IRneral Palace Park Hisfcric nistrirt Project Title 93 -01 -82 Project Number 5. Travel Mileage 6. Other Expenses Interlibrary Loans Research /Bibliograp & Overage PROJECT BUDGET Match Cash In -kind $ 200 $ 50 EXHIBIT c cont. Grant Project Request Total $ 50 TOTALS $2,000 $2,500 $4,500 Columns must correctly total both across columns and down rows. Page 2 of 2 pages STATE HISTORICAL FUND PROTECT STATUS REPORT GRANT RECIPIENT: Project Title: Please check one and complete time period covered Interim Project Status report covering period of Final Project Status report covering period of Project Number: Attachment I Date: to to Print or type legibly. Complete each section, if not applicable answer NA. COLUMN A. List all project products /deliverables in the same numerical order as in Exhibit B, Project Time and Payment Schedule of your contract. COLUMN B. Indicate the completion date for that particular product per the Project Time and Payment Schedule. COLUMN C. Indicate with a yes /no whether or not that particular product is being submitted at this time or what numerical amount of the product is being submitted. COLUMN D. Indicate the cumulative actual or percentage ( %) of product completed. A. List products B. Completion Date C. Submitted this period D. Cumulative actual or % completed 1. 2. 3. 4. 5. 6. I hereby certify that all of the products produced are in accordance with the Secretary of the Interior's Standards for Archaeology and Historic Preservation and that the survey activities performed are in accordance with the CHS Survey Manual and How To Complete Colorado Cultural Resource Inventory Forms, Third Edition 9191. Grant Recipient Reviewed /Signature SHF Administration Date Date IV ct v cd H O a Q ►.r z U Q z w A z w a Q U a 0 H x E'+ 4. z U U . O E-" U U O H a O w 0 b 0 a� a a� 0 V 0 a �U cd GL V O V Q Cd w 0 U 4- ►--4 V +J G ccS w v 0 U 0 0 cd Cd 0 a a� b Cd O U O cd c G O Cd Ln U W a� A .Y ai v a� cd Q a� cd Q Q O cd ..O Q w r� cd n c17 Qi J . c� U �i cd Attachment 3 STATE HISTORICAL FUND FINAL PROTECT REPORT GRANT RECIPIENT: Project Title: Date: Project Number: Describe the work completed during the project time period in the space provided below. The description should compare planned work, schedules, expenditures, etc. with actual project work completed. If additional space is necessary please confine yourself to one additional sheet only. If additional materials (brochures, photographs, maps, etc.) have been requested by SHF staff or if such materials would further clarify or supplement the written description of the project work, they should be placed in an attached envelope. Be sure to clearly label all additional pages and materials with the Grant Recipient name, Project Title and Project Number. I certify that all Figures, facts and information contained in this report are true and correct. Grant Recipient Reviewed /Signature SHF Administration Date Date Attachment 4 STATE HISTORICAL FUND REIMBURSEMENT REQUEST FORM GRANT RECIPIENT: Project Title: Date: Project Number: I hereby certify that all the figures, facts and information contained in this request are true and correct, and that all bills and invoices included in this reimbursement request have been paid. Grant Recipient /Project Director Authorized Official (if applicable) Date Date Documentation for all items listed MUST be attached (receipts, canceled check copies, etc.). Please number receipts, etc. to match line item. You may make additional copies of this form as needed. ITEM /EXPENSE COST AMOUNT TO BE REIMBURSED MATCHING AMOUNT 1) 2) 3) 4) S) 6) 7) 8) TOTAL Do NOT write in t his area :'1PPROVE"D R)R PAYMEENT -- -+— GGA (. oT111110,11ts: 1! !I SI11"A _. —._ _ __...._.._...._._. Date __�........_..... -- —.... __......_... _..._........ _..--- ......._...._............ 1I 1 1 i( "1 :M _ «+ARRANT # :1n'ic►unt _ _ 1)atc li 3 /a:EX1-1ATTCILgg