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Home My WebLink About981463.tiff RESOLUTION RE: APPROVE CONTRACT FOR WELD COUNTY COURTHOUSE PRESERVATION PROJECT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract for the Weld County Courthouse Preservation Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Nineteenth Judicial District, State of Colorado, and the Colorado Department of Higher Education, Historical Society, commencing September 1, 1998, and ending March 31, 2000, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract for the Weld County Courthouse Preservation Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Nineteenth Judicial District, State of Colorado, and the Colorado Department of Higher Education, Historical Society, be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of August, A.D., 1998. BOARD OF COUNTY COMMISSIONERS / WE D COUNTY, COLORADO ATTEST: '. (J -• Const ce L. Harbert, Chair fir Weld County -rk .�;r�; -4v1t-rd 1 11lest it i ©"� ,d7/ 'rl 1 ) 7K7 �(' , 44, W. H. Webster, ro-Tem BY: _.a_A ,aei Deputy Cler'�r4V 7 1 ' EXCUSED DATE OF SIGNING (AYE) � George E. Baxter AP V AS F M: EXCUSED Dale K. Hall ounty Attorne �.e/l_ / Barbara J. Kirkmeyer v 981463 avatc., 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 day of , 1998, 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 Nineteenth Judicial District, State of Colorado,901 9th Avenue, P.O. Box C, Greeley, Colorado 80632, 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 in Fund Number 401 ,Appropriation Account 401 and Organization SHFG ; 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 Section 9 of Article XVIII of the state constitution; 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 Purpose and Scope of Work, Budget and List of Product Submittals, hereinafter referred to as the "Project", NOW THEREFORE, it is hereby agreed that: I. The Contractor shall use funds subject to this Contract in support of Project#99-01-010,"Weld County Courthouse Preservation," in accordance with the Project Purpose and 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. 981463 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. X are to be developed during the Contract period. Fr/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 product submittals 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. COPYRIGHT: Unless otherwise specified in Exhibit A, Project Purpose and Scope of Work, the Contractor is free to copyright books, publications, or other copyrightable materials and/or product submittals created or developed in the performance of this contract. All copyrightable materials and/or products developed or produced under this contract are subject to a royalty-free, nonexclusive, and irrevocable license to the Society to reproduce, publish, display, perform, prepare derivative works or otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works, or otherwise use, the work or works for Society and/or State Historical Fund purposes. For purposes of this subsection the term product submittals shall include, but is not limited to, architectural plans and specifications, books, publications, brochures,manuscripts, video tapes or sound recordings, photographs, computer programs, computerized data, plans,drawings, specifications or other graphical representations,and works of any similar nature which are submitted with a proposal or grant application or delivered under a SHF grant. 5. 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, the SHF Grants Manual and/or the terms and conditions of this Contract. 6. CONTRACT PERIOD: The term of this Contract shall be from September 1, 1998 through March 31, 2000. The Project Purpose and 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 Purpose and Scope of Work must be completed no later than thirty(30)days prior to the Contract ending date. 7. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to the List of Product Submittals set forth in Exhibit B, the State shall pay to the Contractor on an expense reimbursement basis a grant not to exceed fifty five thousand dollars ($55,000). Any and all Project costs in excess of this grant amount are the responsibility of the Contractor. page 2 of 9 pages qi i/l0 3 Unless otherwise specified in Exhibit B, the State shall advance thirty-percent(30%)of the total grant amount upon proper execution of this contract and upon submission of a SHF Payment Request, forty-percent(40%) will be paid to the Contractor upon submission and approval of the Interim SHF Financial Report. The remaining thirty-percent (30%)of the grant amount shall be paid following Contractor's submission and the States approval of the Final SHF Financial Report, Project Summary and SHF Payment Request Form (Attachments I, 2 and 3). All payments are subject to the 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 ($5,000 and 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 SHF Financial Report and.Project Summary 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. 8. 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 7 above. Interest earned on funds advanced by the State shall be applied to eligible project expenditures, must be documented in financial reports, and will be deducted from the final payment. • 9. 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. 10. 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. I I. 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 Contracts Officer Name Title For the Contractor: Shairan E. Whitman Project Coordinator Name Title page 3 of 9 pages 9O/ 7(a3 12. 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. To the State: Gloria J. Muniz Contracts Officer Colorado Historical Society State Historical Fund 225 E. 16th Avenue, Suite 260 Denver, Colorado 80203-1620 To the Contractor: Shairan E. Williams Project Coordinator Nineteenth Judicial District 901 9th Avenue, P.O. Box C Greeley, Colorado 80632 13. 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. 14. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide the Society with copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by the Society. Contractor agrees to otherwise restrict access to such archaeological surveys, as well as access to any other information concerning the nature and location of archaeological resources, in strict accordance with the provisions of the Colorado Historical Society, Office of Archaeology and Historic Preservation, Policy on Dissemination of Information, adopted October 1991, a copy of which is available from the Society. 15. REPORTS: The Contractor shall deliver to the State SHF Financial Reports(Attachment 1)documenting the progress of the Project, and the Project Summary Report(Attachment 2), as described in the List of Product Submittals(Exhibit B). The Contractor further agrees that reports are to be completed on State provided forms (Attachments 1-3). Failure to meet the report deadlines may result in termination of the Contract. 16. 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. 17. 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 page 4 of 9 pages 9gi 1 3 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 17 shall not relieve the Contractor of any of its Contract obligations. IS. 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: X Yes _No EEL Initials/State Representative Initials/Grant Recipient 19. 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 and materials produced in other media funded under this Contract, a credit line must be included that reads: "This project is/was paid for in part by a State Historical Fund grant from the Colorado Historical Society." In addition,the Society reserves the right to require that the following sentence be included in any product funded through this program: "The contents and opinions contained herein do not necessarily reflect the views or policies of the Colorado Historical Society". All Acquisition and Development projects must acknowledge state assistance by means of a temporary but prominently displayed project sign to be posted at the beginning of construction and to remain in place until construction is completed that will be provided by the State. 20. 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. 21. 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. 22. 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. En 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 page 5 of 9 pages 9:i tEg 3 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 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 21 hereof relative to termination shall apply. 23. CHANGES: 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, modifications to Exhibit A (Project Purpose and Scope of Work)and/or to Exhibit 13 (List of Product Submittals) may be approved by letter of agreement, agreed to in writing by both parties,providing that no such letter of agreement may alter either the total amount of funds payable under the contract, as set forth in Paragraph 7, or the contract period, as set forth in Paragraph 6, unless such changes are embodied in a written contract amendment executed and approved pursuant to the State's Fiscal Rules. 24. 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 24, cannot be avoided without frustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 21'above. Failure to file a disclosure statement required by this Paragraph 24 shall constitute grounds for termination of this page 6 of 9 pages 9 gi Lib 3 Contract for cause by the State. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. rev. I I/97 c\elaine\wpdocs\conact\99\9901010_Or page 7 of 9 pages 9s yc3 CONTROLLER'S APPROVALSPECIAL PROVISIONS 1. This contract shall not be deemed valid until it shall have been approved by designate. This provision is applicable to any contract involving the payment of money by Controller State.of the State of Colorado or such assistant as he may FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection, repair,maintenance,or improvement of any building,road,bridge, viaduct,tunnel, excavation or other public work for this State, the Contractor shall,before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the 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 or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work 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 is executed, delivered and filed, no claim in favor of the Contractor arising under such 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 CRS 38-26-106. 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 ikntidiscrimination Act of 1957, as amended,and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402), 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 subcontracts. During the performance of this contract,the Contractor agrees as follows: (a)The Contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status, religion, ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following:employment upgrading,demotion or transfer,recruitment or recruitment advertising; lay-offs or terminations;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b)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. (c)The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the Contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and rules, regulations,and relevant Orders of the Governor. (d)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. (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment work opportunity because of race,creed,color,sex, national origin,or ancestry. (t)A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provision 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. Page 8 of 9 pages cygi yl,03 (g)In the event of the Contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Orders, 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. (h)The Contractor will include the provisions of paragraphs(a) through(h) in every subcontract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for noncompliance;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 CRS 8-17-101&102 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 be State funds. b. When a 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(CRS 8-19-101 and 102). 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 Ito 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. Pursuant to CRS 24-30-202.4(as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for:(a)unpaid child support debt or child support arrearages; (b)unpaid balance of tax, accrued interest, or other charges specified in Article 22,Title 39,CRS; (c)unpaid loam due to the Student Loan Division of the Department of Higher Education; (d)owed amounts required to be paid to the Unemployment Compensation Fund; and(e)other unpaid debts owing to the State or any agency thereof,the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 10.The signatories aver that they are familiar with CRS 18-8301, et. seq.,(Bribery and Corrupt Influences)and CRS 18-8401,et. seq., (Abuse of Public Office),and that no violation of such provisions is present. 11. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor: (Heal Legal Name)Nineteenth Judicial STATE OF COLORADO ROY ROMER,GOVERNOR Di ict. Stat of Co orado Position(TiC s A C- c)715�'KTIt%.rT tom EXECD CTO(Ti k Georgianna Con gu ia, President ?Li—o1.oa334 Colorado Historical Society If Corporation:) ,,,.' ""o x—" DEPARTMENT Higher Education OF Attest(S By eTt"-yammer. k0.T YCY1Km • Administrative Review }}''��J//�1�a 4T APPROVALS tSTlk'PL'!L`bN'FROL R . rr rsNT,.'• . y • iFEra D ,� HS SHF Cont acts Offic " ate ;� L.'� By ,,.r (JAC - STRONG) • Page 9 of 9 pa: - - Nineteenth Judicial District,State of Colorado EXHIBIT A Weld County Court House Preservation Project#99-01-010 PROJECT PURPOSE AND SCOPE OF WORK I. PROJECT PURPOSE: A. The purpose of this project is to repair nine(9)stained glass windows of the Weld County Court House and to restore the pneumatic timekeeping system. II. SCOPE OF WORK: The project will be completed in the following steps: A. Items to be completed in the following sequence: 1. Stained Glass Windows a. Evaluation by contracted vendor of panels to be repaired b. Submission of plan on removal of windows c. Removal of windows and/or panels for repair d. Reinstallation of windows e. Clean up and training on maintenance 2. Master Clock Repair a. Evaluation by contracted vendor of scope of repairs b. Submission of plan to repair/replace broken or worn parts c. Repair of vacuum system d. Replace electrical components with original or equivalent mechanical parts if available OR e. Repair electrical components including motor f Purchase additional parts(i.e.,vacuum tubes,bladder,motors,etc.) g. Periodic maintenance checks for remainder of project year • Page 1 of 1 page 98/L1&3 Nineteenth Judicial District,State of Colorado EXHIBIT B Weld County Court House Preservation Project#99-01-010 LIST OF PRODUCT SUBMITTALS PRODUCT SUBMITTALS DUE DATE SOCIETY RESPONSE/PAYMENT 1. Advance Request Funds Form(Attachment 3) NA Advance$16,500 2. Plans and Specs/Stained Glass Window Analysis 10/1/98 Review&Approve 3. Plans and Specs/Repair of Pneumatic Timekeeping System 10/1/98 Review&Approve 4. Before photos showing current conditions of: 10/1/98 Review&Approve • Stained Glass Windows • Master Clock 5. Interim Consultation with SHF technical staff 3/15/99 Consult&Advise 6. Interim Financial Reports(Attachment 1) 4/15/99 Review&Approve Payment$22,000 7. After photos of completed 9/1/99 Review&Approve • Stained Glass Windows • Master Clock 8. Copy of maintenance manual(s) 9/1/99 Review&Approve 9. Final Financial Report(Attachment 1) 9/30/99 Review&Approve Payment$16,500 10. Project Summary Report(Attachment 2) 9/30/99 Review&Approve Page 1 of I page 98i Xo3 Nineteenth Judicial District,State of Colorado EXHIBIT C Weld County Court House Preservation Project#99-01-010 PROJECT BUDGET Grant Request Cash Match Project Total 1. Stained Glass Restoration: 40,000 25,000 65,000 • hoists/scaffolding • removal of panels • boarding up windows • stripping • releading • replacement of broken glass • replacement of rebar • reinstallation of windows • preparation of maintenance manual 2. Pneumatic Clock System 15,000 5,000 20,000 • replace all rubber components in Master Clock&Secondary Clocks • replace electrical with original or • equivalent mechanical components OR • repair electrical system • preparation of maintenance manual • TOTALS 55,000 30,000 85,000 Columns must correctly total both across columns and down rows. Indicate source(s)of cash match: Weld County Government Page 1 of I page q vcoi EXHIBIT D AGREEMENT This Agreement made this I 1 h day of 1998 by and between the State of Colorado, for the use and benefit of the Department of Higher Education, C orado Historical Society, 1300 Broadway, Denver, Colorado 80203, herein referred to as the Society,and the Nineteenth Judicial District, State of Colorado, Project #99-01-010, 901 9th Avenue, P.O. Box C, Greeley,Colorado 80632,herein referred to as the Grant Recipient, on behalf of Weld County(Owner of Property), 915 10th Street, Greeley, Colorado 80631; Whereas, in accordance with the criteria set forth in the State Historical Fund(SHF)Application Guidelines,the Grant Recipient has applied to the Society and has been selected to receive a State Historical Fund Grant award for the preservation of the property herein described;and Whereas, Weld County is the owner in fee simple of certain real property in Weld County,Colorado, which property has been listed in the National Register of Historic Places as the Weld County Courthouse located at 915 10th Street, Greeley, Colorado 80631,hereinafter referred to as the "Property", and which Property is more particularly described as follows: Lots One(I),Two(2),Three(3), Four(4), Five(5), Six(6), Seven(7)and Eight(8) in Block Sixty five(65)according to the Recorded Plat of said Town. NOW THEREFORE, in consideration of the sum of fifty five thousand dollars(S55,000)received as a grant from the State Historical Fund,the Owner hereby agrees to the following for a period of ten(10)years commencing on the date of this Agreement. 1. Without the express written permission of the Society,no construction,alteration,or remodeling or any other activity shall be undertaken or permitted to be undertaken on the Property which would alter the architectural appearance of the Property, adversely affect the structural soundness of the Property, or encroach on the open land area on the Property;provided,however,that the reconstruction, repair,or restoration of the Property, damage to which has resulted from casualty loss, deterioration,or wear and tear,shall be permitted subject to the prior written approval of The Society,provided that such reconstruction, repair, or restoration is performed according to the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, issued and as may from time to time be amended by the U.S. Secretary of the Interior,hereinafter collectively referred to as the "Standards". In all events, the Owner further agrees at all times to maintain the Property in a good and sound state of repair and to maintain the Property according to the Standards so as to prevent deterioration of the Property. 2. No buildings, structures or other improvements not presently on the Property shall be erected or placed on the Property, except for temporary structures,such as scaffolding needed to assist workmen; provided, however, that the Owner may,under appropriate circumstances and with prior written approval from and in the sole discretion of the Society,erect such buildings, structures or improvements which will, in the opinion of the Society, in no way detract from the historic integrity of the property, and which in all ways otherwise conform to.the Standards. 3. No signs, billboards,or advertisements shall be:displayed on the Property;provided,however,that the Owner may,with prior written approval from and in the sole discretion of the Society, erect such signs as are compatible with the historic interpretation of the Property and appropriate to identify the Property and any activities carried on in the Property. Such approval from the Society shall not be unreasonably withheld. 4. No topographical changes, including but not limited to excavation, shall occur on the Property; provided, however,that the Owner may,with prior written approval from and in the sole discretion of the Society, make such topographical changes as are consistent with the historic integrity of the Property. Page 1 of 2 pages 5. There shall be no removal,destruction,or cutting down of trees,shrubs, or other vegetation on the Property; provided,however,that the Owner may with prior written approval from and in the sole discretion of the Society, undertake such landscaping of the Property as is compatible with the historic integrity of the Property and which may involve removal or alteration of present landscaping, including trees,shrubs,or other vegetation. In all events,the Owner shall maintain trees,shrubs,and lawn in a good manner and appearance. 6. No dumping of ashes,trash,rubbish or other unsightly or offensive materials shall be permitted on the Property. 7. No utility transmission lines, except those reasonably necessary for serving the existing Property, may be created on the Property,subject to utility easements already recorded. 8. In the event of severe damage or total destruction to the Property(defined,for the purposes of this Agreement, as sudden damage or loss caused by fire,earthquake, inclement weather,acts of the public enemy,riot or other similar casualty)this Agreement shall terminate as of the date of such damage or destruction. 9. The Society,or a duly appointed representative of the Society,shall be permitted to inspect the Property at all reasonable times in order to ascertain if the above conditions are being observed. I0. To the extent authorized by law,the Grant Recipient shall indemnify, save and hold harmless the Society, its employees,officers, 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 Grant Recipient,or its employees,agents,subcontractors, or assignees pursuant to the terms of this Agreement. I I. The following recapture provision shall apply to all individual and private-for-profit grant recipients: In the event that the property, as a whole, is sold within a five-year period after completion of the project,the following recapture provision shall apply: If the property is sold within the first year after completion, one-hundred percent(100%)of the funds awarded shall be returned to the State,with a twenty percent(20%)reduction per year thereafter. 12. In the event of a violation of this Agreement,and in addition to any remedy now or hereafter provided by law,the Society may,following reasonable notice to the Grant Recipient, institute suit to enjoin said violation or to require the restoration of the Property to its condition at the time of this Agreement or condition at the time of the most recent satisfactory inspection by the Society. The Society shall be entitled to recover all costs or expenses incurred in connection with such a suit, including all court costs and attorney's fees. 13. The failure of the Society to exercise any right or remedy granted under this Agreement shall not have the effect of waiving or limiting the exercise of any other right or remedy or the use of such right or remedy at any other time. This Agreement shall be enforceable in specific performance by a court of competent jurisdiction. Signat re, Owner of Prope see Signat e,Gra cippient re.‘MPray Th . 15A,)(ma 4. ZTc� 4snc.`Qisiti.c-} A-AM (R440 - Typed name and title of Grant Recipient GeorgiannaContigugli , Pr dent c elainecomra\99W9oIololea Colorado Historical Society Page 2 of 2 pages - 346 _= U CD _ d O Q d -0 C N o N R C N - O U _ + C U U'-O O W u)O U IO - +. 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C)- -w C) IO 98iyG03 STATE HISTORICAL FUND PROJECT SUMMARY REPORT Attachment 2 GRANT RECIPIENT: DATE: Project Title: Project Number: Use back of form or attach additional sheets if necessary. I. Did you complete the Scope of Work, as outlined in your original application? If not, why? 2. Describe the work completed during the project time period. The description should compare planned work, schedules, expenditures, etc. with actual project work completed. 3. On a scale of I - 10 (10 =outstanding; 5 =average; 1 =below expectation) rate your orzanization's success in completing your project (self evaluation). 4. If applicable,were you satisfied with the quality/and or cost of work performed by(your)subcontractors and or consultants?' If not, explain. 5. Please evaluate the SHF grant program and make recommendations or suggested changes. Comments regarding a specific individual must be made on a separate sheet per personnel policy. I hereby certify that all information contained in this report is true and correct and that all project work has been completed as described in the application and contract unless otherwise noted. Grant Recipient/Project Director Date Minority Business Enterprise Participation Please provide the following information: 1) Total number of vendors/subcontractors used during the project period. 2) Total number of minority vendors/subcontractors used during the project period. Total dollar amount represented. $ 3) Total number of women vendors/subcontractors used during the project period. Total dollar amount represented. S SHF/Technical Review/Signature Date SHF/Administrative Review/Signature Date Rev I/99 STATE HISTORICAL FUND Attachment 3 PAYMENT REQUEST GRANT RECIPIENT: _ Date: Project Title: Project Number: TOTAL AMOUNT AWARDED $ As the authorized representative of the , I hereby state that the Grant Recipient above project is presently under contract or purchase order agreement with the Colorado Historical Society, State Historical Fund, and request (Check Only One): An Advance Payment of no more than thirty percent (30%) of the total general funding grant award or eighty percent (80%) of the total mini-grant funding award. I further state that work has begun or will begin within the next two weeks on the project; and that an advance payment is necessary to proceed with the Scope of Work. An Interim Payment of no more than forty percent (40%) of the total grant award. I further state that any advance payment received to date has been fully expended; and that an interim payment is necessary to continue with the Scope of Work. Final Payment of the remaining balance of award, minus interest earned. A State Historical Fund Financial Report (Attachment 1) must be submitted with the Interim or Final Payment request before payment will be considered. I understand that the final payment is a reimbursement, and further state that all invoices and bills reported on the final financial report have been PAID IN FULL. Signature of Grant Recipient/Project Director Date Do NOT write in this area APPROVED FOR PAYMENT SHF Administration Date Comments revised 5/98 98-1'I& 3 Hello