Routing # COFRS Or CMS (After 7/1/09)

Routing # COFRS or CMS (after 7/1/09) G – 2 Party Agreement with State Agencies Awards: $Any Amount - All Projects – No Recapture Language – No Property Protections January 11, 2011 (Final) STATE OF COLORADO History Colorado, the Colorado Historical Society INTERAGENCY AGREEMENT with Insert (Receiving Agency's) Full Legal Name Project #: Project Title:

TABLE OF CONTENTS 1. PARTIES...... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY...... 1 3. RECITALS...... 1 4. TERM and EARLY TERMINATION...... 2 5. SCOPE OF WORK...... 2 6. PAYMENTS...... 2 7. RECORDS...... 3 8. CONFIDENTIAL INFORMATION-STATE RECORDS...... 3 9. FAILURE TO PERFORM - DISPUTES...... 4 10. NOTICE AND REPRESENTATIVES...... 4 11. PROGRAM SPECIFIC RESPONSIBILITIES...... 4 12. GENERAL PROVISIONS...... 5 13. SIGNATURE PAGE...... 6 14. EXHIBIT A – SCOPE OF WORK...... 7 15. EXHIBIT B – PROJECT BUDGET...... 8 16. EXHIBIT C - LIST OF SUBMITTALS...... 9

1. PARTIES This Interagency Agreement (hereinafter called “Agreement”) is entered into by and between the State Historical Society of Colorado, also know as History Colorado, the Colorado Historical Society (hereinafter called “CHS”), and the Insert Receiving Agency’s Full Legal Name (hereinafter called Insert Receiving Agency’s INITIALS or Receiving Agency), who may collectively be called the “Parties” and individually a “Party,” both of which are agencies of the STATE OF COLORADO, hereinafter called the “State.” 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or Designee (hereinafter called the “Effective Date”), but shall be effective and enforceable thereafter in accordance with its provisions. 3. RECITALS A. Authority, Appropriation, And Approval Authority to enter into this Agreement exists in Subsection (5)(b)(III) of Section 9 of Article XVIII of the Colorado Constitution and funds have been budgeted, appropriated and otherwise made available pursuant to Section 12-47.1-1201 of the Colorado Revised Statutes and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement.

of 9 C. Purpose CHS is providing State Historical Funds to Insert Receiving Agency’s INITIALS, for Project #20«Request_Reference_Number», "«Request_Project_Title». Details of this project are provided in the Scope of Work, which is attached as Exhibit A and hereby incorporated by reference. 4. TERM and EARLY TERMINATION A. Term-Work Commencement The Parties respective performances under this Agreement shall commence on the Effective Date. This Agreement shall terminate on Month Day, Year unless sooner terminated or further extended as specified elsewhere herein. Either Party may terminate this Agreement by giving the other Party twenty (20) days prior written notice setting forth the date of termination. Upon termination the liabilities of the Parties for future performance hereunder shall cease, but the Parties shall perform their respective obligations up to the date of termination. 5. SCOPE OF WORK A. Completion The Receiving Agency shall complete the Work and its other obligations as described herein, in Exhibits A , B, and C , and in all applicable plans and specifications developed prior to or during the period of this Agreement, which are hereby made a part of this Agreement by reference.CHS shall not be liable to compensate the Receiving Agency for any Work performed prior to the Effective Date or after the termination of this Agreement. B. Goods and Services The Receiving Agency shall procure Goods and Services necessary to complete its obligations. Such procurement shall be accomplished using the Agreement Funds and shall not increase the maximum amount payable hereunder by CHS. 6. PAYMENTS CHS shall, in accordance with the provisions of this §6, pay the Receiving Agency in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Agreement to Receiving Agency by CHS is Insert Max $ Amount, as determined by CHS from available funds. The Receiving Agency agrees to provide any additional funds required for the successful completion of the Work. Payments to the Receiving Agency are limited to the unpaid obligated balance of the Agreement as set forth in Exhibits B and C. Expenditures incurred by the Receiving Agency prior to execution of this Agreement are not eligible for CHS reimbursement. If the Project involves matching funds, CHS may allow prior expenditures in furtherance of the Scope of Work to be counted as part of such matching funds. Final grant amount will be reflective of the grant and cash match ratio. Payments shall be made by an interagency transfer in lieu of a State warrant whenever possible. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Agreement or Exhibit B shall comply with State Fiscal Rules and be made in accordance with the provisions of this Agreement or such exhibit. Receiving Agency shall initiate any payment requests by submitting invoices and/or program financial forms to CHS in the form and manner set forth by CHS. Payments are subject to completion and CHS approval of deliverables set forth in Exhibit C. C. Use of Funds and Earned Interest Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit B. At all times from the Effective Date of this Agreement until completion of this Project, the Receiving Agency shall maintain properly segregated books of Grant funds, matching funds, and other funds associated with this Project. All invoices, receipts and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall accord with Exhibit B.

of 9 Receiving Agency may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without approval from CHS and document the adjustments in the next financial report. Adjustments of budgeted expenditure amounts in excess of ten percent (10%) shall be agreed to in writing by the Parties in an amendment to this Agreement, properly executed and approved by the State Controller. In no event shall CHS's total financial obligation exceed the amount shown in § 6A above.

Interest earned on funds advanced by CHS shall be reported on the final financial report and applied to eligible project expenditures, and will be deducted from the final payment.

D. Matching Funds Receiving Agency agrees to make available the necessary funds to complete the Project and provide matching funds, if applicable, in accordance with Exhibit B. In the event that said matching funds become unavailable, CHS may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. Receiving Agency shall have raised the full amount of matching funds prior to the Effective Date and shall report to CHS regarding the status of such funds upon request. If the total funding set forth in the Project Budget is not expended on completion of the Project, CHS may reduce its pro-rata share of the unexpended budget in proportion to the established grant and cash match ratio. Project expenses exceeding the grant percentage or grant award amount are the responsibility of the Receiving Agency. 7. RECORDS Receiving Agency shall make, keep, maintain, submit and allow inspection and monitoring of the following records: A. Maintenance During the term of this Agreement and for a period terminating upon the latter of (i) the six year anniversary of the final payment under this Agreement or (ii) the resolution of any pending Agreement matters (the “Record Retention Period”), each Party shall maintain, and allow inspection and monitoring by the other Party, and any other duly authorized agent of a governmental agency, of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communication, pertaining to any manner to the work or the delivery of services or goods hereunder. B. Inspection CHS shall have the right to inspect Receiving Agency performance at all reasonable times and places during the term of this Agreement. Receiving Agency shall permit CHS and any other duly authorized agent of a governmental agency having jurisdiction to monitor all activities conducted pursuant to this Agreement, to audit, inspect, examine, excerpt, copy and/or transcribe Receiving Agency’s records related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or to evaluate performance hereunder. Monitoring activities controlled by CHS shall not unduly interfere with Receiving Agency’s performance hereunder. C. Subgrants Copies of any and all Subgrants entered into by Receiving Agency to perform its obligations hereunder shall be submitted to CHS or its principal representative upon request by CHS. Any and all Subgrants entered into by Receiving Agency related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such Subgrants be governed by the laws of the State of Colorado. For experienced Receiving Agency and Subgrantees, CHS may substitute this requirement with a Subgrantee Certification Form attesting to Subgrantee Agreement compliance. 8. CONFIDENTIAL INFORMATION-STATE RECORDS Each Party shall treat the confidential information of the other Party with the same degree of care and protection it affords to its own confidential information, unless a different standard is set forth in this Agreement. Each Party shall notify the other Party immediately if it receives a request or demand from a third party for records or information of the other Party. 9. FAILURE TO PERFORM - DISPUTES

of 9 The failure of a Party to perform its respective obligations in accordance with the provisions of this Agreement is a breach of this Agreement. In the event of disputes concerning performance hereunder or otherwise related to this Agreement, the Parties shall attempt to resolve them at the divisional level. If this fails, disputes shall be referred to senior departmental management staff designated by each Party. If this fails, the executive director of each Party shall meet and attempt resolution. If this fails, the matter shall be submitted in writing by both Parties to the State Controller, whose decision shall be final. 10. NOTICE AND REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. History Colorado: Name and title of Person Department Name Address

Town, State Zip Email B. Receiving Agency: Name and Title of Person Department Name Address 1 Address 2 Town, State Zip Email

11. PROGRAM SPECIFIC RESPONSIBILITIES A. Applicable Standards The Receiving Agency agrees to perform the activities and produce the deliverables listed in Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standards for Archaeology and Historic Preservation. The Receiving Agency shall perform any and all survey activities and submittals in accordance with the Survey Manual and How to Complete Colorado Cultural Resource Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any and all survey activities and projects (copies of which are available through CHS). B. Right of Use All copyrightable materials and/or submittals developed or produced under this Agreement are subject to a royalty-free, nonexclusive, and irrevocable license to the History Colorado 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 History Colorado and/or State Historical Fund purposes. C. Dissemination of Archaeological Site Locations

of 9 The Receiving Agency agrees to provide History Colorado with copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by History Colorado. The Receiving Agency 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 History Colorado, the Colorado Historical Society, Office of Archaeology and Historic Preservation, Dissemination of Cultural Resource; Policy and Procedures, adopted October 1991 (Revised Nov. 2002), a copy of which is available from History Colorado. D. Public Acknowledgment of Funding Source In all publications and similar materials funded under this Agreement, a credit line shall be included that reads: "This project is/was paid for in part by a State Historical Fund grant from History Colorado, the Colorado Historical Society.”History Colorado reserves the right to require that the following sentence be included in any publication or similar material funded through this program: "The contents and opinions contained herein do not necessarily reflect the views or policies of History Colorado, the Colorado Historical Society." In addition, a copy of any printed or digital material that includes the public acknowledgement of funding source (brochures, signage, press materials, etc.) shall be provided to CHS for file documentation. 12. GENERAL PROVISIONS A. Assignment The rights and obligations of each Party hereunder are personal to such Party and may not be transferred, assigned or subcontracted without the prior, written consent of the other Party. B. Order of Precedence In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: ii. The provisions of the main body of this Agreement, iii. Exhibit A, iv. Exhibit B, v. Exhibit C. C. References All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. D. Third Party Beneficiaries-Negation Enforcement of all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental and do not create any rights for such third parties.

of 9 13. SIGNATURE PAGE Grant Routing Number CMS Number

THE PARTIES HERETO HAVE EXECUTED THIS INTERAGENCY AGREEMENT

* Persons signing for Parties hereby swear and affirm that they are authorized to act on behalf of their respective Party and acknowledge that the other Party is relying on their representations to that effect.

STATE OF COLORADO John W. Hickenlooper, GOVERNOR RECEIVING AGENCY HISTORY COLORADO, INSERT-Name of Agency or IHE The Colorado Historical Society INSERT-Name & Title of Head of Agency or IHE Edward C. Nichols, President

______Signature Signature By: INSERT-Name & Title of Person Signing for Agency or By: Steve W. Turner, Vice President OAHP and SHF/Deputy IHE SHPO or Designee Date: ______STATE HISTORICAL FUND

Date: ______

ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER

STATE CONTROLLER David J. McDermott, CPA

By:______Joseph Bell History Colorado, Vice President, Facilities & Regional Museums

Date:______

of 9 14. EXHIBIT A – SCOPE OF WORK

1. GENERAL DESCRIPTION Project Purpose: The purpose of this project is the

2. GRANTEE’S OBLIGATIONS Scope of Work is as follows:

A. Task Area 1. Task 2. Task 3. Task B. Task Area 1. Task 2. Task 3. Task C. Task Area 1. Task 2. Task 3. Task D. Task Area 1. Task 2. Task 3. Task

In accordance with Section 12-47.1-12-1 C.R.S. (1999) The Limited Gaming Act which authorizes History Colorado, the Colorado Historical Society to administer the State Historical Fund as a statewide grants program.

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of 9 15. EXHIBIT B – PROJECT BUDGET

PROJECT BUDGET TASK AMOUNT A. Line Item Category 1. Task $ 2. Task $

B. Line Item Category 1. Task $ 2. Task $ 3. Task $ 4. Task $

C. Line Item Category 1. Task $ 2. Task $ 3. Task $

C. Line Item Category / Task $

D. Line Item Category / Task $ Subtotal $

Grant Administration (__%)* $

Project Subtotal $

Contingency** $

PROJECT TOTAL $

Cash Match: $ (__%)

*Grant Administration cannot exceed 15% of Subtotal amount **Contingency - Must receive written approval from SHF Staff prior to use

Grant payments will be based off Project Subtotal amount. Total payments will be Grant Award percentage of Project Subtotal up to a maximum of the Grant Award Amount.

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of 9 16. EXHIBIT C - LIST OF SUBMITTALS

I. PROJECT REPORTS Due Date State Response

a. Payment Request Form Deliverables # N/A Advance payment of grant (list deliverables due) below must be reviewed and award $___. approved before Advance payment is made. b. Progress Report # 1 (list # as required) (List Due Date) Review*

c. Progress Report # 2 Review*

d. Progress Report # 3 Review*

e. Progress Report # 4 Review*

f. Interim Financial Report Deliverables ** Review & Approve. Interim #___ below must be reviewed and approved before payment of grant award Interim payment is made. $_____† g. Progress Report # 5 Review*

h. Progress Report # 6 Review*

i. Final Financial Report *** Review & Approve. Final Reimbursement of grant award $____.†

*At the discretion of the SHF technical staff, progress reports may not receive a response. ** Interim financial report due date is a guideline. Please submit Interim financial report when majority of advance has been expended and you are ready for the next payment. *** Project period ends. All Deliverables due on or before this date. †Payment may increase due to approval of contingency funds

B. Project Deliverables / Acceptance Criteria State Response (List of Items is unique to each Project and Developed jointly by HP/Contracts Staff) 1. Initial Consultation with SHF Historic Preservation Specialist (within 60 days of Agreement start date) Review/Comment and or Approve 2. Insurance Certificates (if required) Review/Comment and or Approve 3. Subgrantee Certification Form - Architect Review/Comment and or Approve 4. Before/existing condition photos of areas affected by Scope of Work Review/Comment and or Approve 5. Historical photos/documentation of areas to be treated Review/Comment and or Approve 6. Construction Documents/Plans and specifications Review/Comment and or Approve 7. Subgrantee Certification Form – General Contractor Review/Comment and or Approve 8. Interim meeting with SHF Historic Preservation Specialist Review/Comment and or Approve 9. Copies of Change Orders, if necessary Review/Comment and or Approve 10. After photos of areas affected by scope of work Review/Comment and or Approve 11. Annual and Final Performance Reports (CMS Required) Review/Comment and or Approve

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