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HomeMy WebLinkAbout8039RESOLUTION NO. 8039 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO ADVANCED TECHNOLOGY INSTITUTE IN CONJUNCTION WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION 302(a) PLANNING PROGRAM, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 An agreement dated January 27, 1997, between the Colorado Advanced Technology Institute and the City of Pueblo, a Municipal Corporation, a subrecipient for funds in conjunction with the Economic Development Administration 302(a) Planning Program, a copy of which is attached and incorporated, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute said Contract on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. INTRODUCED: JANUARY 27, 1997 BY: John Verna COUNCIL PERSON APPROVED: PRESIDENT 0 CI COUNCIL ATTEST: CITY CLERK Agency Identifier: GEA Contract Routing No. 97031 CONTRACT THIS CONTRACT, made this Ilk day of " , Jy � , 19 by and between the City of Pueblo (hereinafter the "Contractor") and the Colorado Advanced Technology Institute, (hereinafter, "CATI"), an agency of the State of Colorado, located at 1625 Broadway, Suite 700, Denver, Colorado 80202. WHEREAS, CATI is the recipient of a Federal grant from the United States Department of Commerce, The Economic Development Administration; and WHEREAS, authority exists in the law and funds have been budgeted, and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number 100, Appropriation Code 902, Contract Number 97031; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the amount encumbered for this Contract is $40,575; and WHEREAS, CATI desires to provide Federal funds toward the performance of certain activities in accordance with the scope of work outlined within this Contract; and WHEREAS, the Contractor is explicitly cited in the grant document as a grant participant; and WHEREAS, the performance of such activities is consistent, compatible, and beneficial to CATI's mission: "To establish Colorado as the acknowledged world leader in selected technologies so as to be the location of preference for conduct of education, research, product development, and manufacturing in these technologies." WHEREAS, through the economic development network described in Sec. 23 -11- 104(8) C.R.S., CATI has the duty "to encourage and coordinate programs of research and training in advanced technology fields for the benefit of economically depressed areas of the state, "; and NOW THEREFORE, in consideration of the mutual premises and covenants contained herein, the parties hereto agree as follows: 1 ARTICLE I - Scope of Work The Contractor shall do, carry out, and perform, in a satisfactory and proper manner as determined by the State, all such activities as set forth in Exhibit A dated December 1996 which is attached hereto and made a binding part of this Contract. All such activitibs shall be performed under the direction and supervision of Ms. Cathy Green, Project Director /Administrator in Charge (hereinafter the "Project Director "). At any time the Project Director is not assigned to this project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement Project Director. ARTICLE II - Contract Period The Contract shall become effective upon proper execution of this Contract. The project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be- undertaken, performed, and completed by March 31, 1998, unless a subsequent time extension, supplement, addition, continuation, or renewal is mutually agreed upon in writing between the parties. No funds from CATI provided under this Contract will be expended prior to the full execution of this Contract. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the project shall occur no later than March 31, 1998. ARTICLE III - Financial 1. General CATI agrees to provide to the Contractor, from Federal funds, a total amount not to exceed $40,575 for the performance of activities under this Contract in accordance with Exhibit A. The method and time of payment shall be made according to the terms and conditions contained in Exhibit A and all payment requests shall be initiated by the Contractor in accordance with those terms and conditions. 2. Accounting At all times from the effective date of this Contract until completion, 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 this project shall be documented in a detailed and specific manner, and shall accord with the "Budget and Expenditure Report" as set forth in Exhibit A. 3. Personal Property Acquisitions Each item of property purchased with funds from this Contract which Subject To Annual Appropriation Any provision of this agreement or its attachments which impose upon the Local Agency, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent to the year of execution of this agreement is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. consists of an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost of $5,000.00 or more must be broken out separately on the quarterly "Budget and Expenditure Report ". 4. Time Sheets The Contractor agrees that all personnel directly associated with this Contract through either direct payment from funds under this Contract or payments used as match under this Contract will keep "time" or "activity" sheets in compliance with Federal Office of Management and Budget (OMB) Circular A -87. 5. Matching Funds Matching funds, if required under this contract, must be expended on a quarterly basis in direct proportion to the Federal expenditures as reported on the quarterly "Budget and Expenditure Report ". 6. Budget Changes Any change in the total budgeted amount for any of the budget categories contained in the "Budget And Expenditure Report" section of Exhibit A must be approved in writing by CATI. 7. Availability of Funds The Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by CATI. In the event that such funds or any part thereof are not received by CATI, CATI may immediately terminate this Contract. ARTICLE IV - AUDIT CATI or its authorized representative shall have the right to inspect, examine, and audit the Contractor's records, books, and accounts pertinent to this Contract including the right to hire an independent Certified Public Accountant of CATI's choosing and at the CATI Is expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this project is received. ARTICLE V - Reporting Requirements The Contractor shall provide all reports in accordance with Article III of this Contract and Exhibit A to this Contract. ARTICLE VI - Equipment All property purchased by the Contractor for use in connection with 3 this Contract shall be the property of the Contractor. The Contractor is responsible for all maintenance and any damage, loss or destruction, occurring for any reason, to all property acquired in connection with this Contract as described in the "Budget and Expenditure Report" section of Exhibit A. ARTICLE VII - Compliance With Laws The Contractor shall strictly adhere to all applicable Federal, state and local laws, codes, regulations, rules, and orders. ARTICLE VIII - Issues Related To On -line Computer Networks The Contractor hereby acknowledges that abusive, defamatory, pornographic, profane or offensive content may - be accessed or transmitted through any on -line computer networks the Contractor may establish as a part of the project funded through this:• Contract. The Contractor hereby agrees to take such measures as may be deemed appropriate by them to address this issue. The Contractor hereby agrees to indemnify, save, and hold harmles tJ a.3 State, its agents, and employees against any claims for da ag � costs, expenses, or attorney fees that may result from this roj eas a consequence of access to or transmission of such co tent. x y ARTICLE IX - Contractual Relationship The parties to this Contract intend the relationship between o them contemplated herein is that of an independent Contractor. No �. agent, employee, or servant of the Contractor shall be or shall be deemed an employee, agent, or servant of CATI or the State of a Colorado. The Contractor shall pay when due all required employment taxes and income tax with - holding. The Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, and subcontractors during the performance of this Contract. The Contractor shall assume all n legal and financial benefits, Worker's Compensation, and employee insurance and agrees to indemnify, save, and hold CATI and the State of Colorado and the agents, officers, and employees thereof o harmless from and against any and all claims, loss, costs (including attorney fees) , and damages of any kind related to such matters. ARTICLE X - Assignment Neither party shall assign or transfer any interest in this Contract, nor assign any claims for money due or to become due under this Contract without the prior writtep approval of the other party. M ARTICLE XI - Severability To the extent that this Contract may be executed and performance of the obligation 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 validity or failure shall not affect the validity of any other term or provision hereof. The waiver of any other breach of a term shall not be construed as a waiver of any other term. ARTICLE XII - Termination For Convenience This Contract may be terminated by either of the parties hereto upon written notice delivered to the other party at least sixty (60) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. ARTICLE XIII - Termination For Cause If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, CATI shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof at least five days before the effective date of such termination. ARTICLE XIV - Changes And Amendments This Contract constitutes the entire agreement between the parties. All amendments and /or changes shall be by written instrument executed by the parties hereto. 5 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State 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 Antidiscrimination 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 sub - contracts. 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 advertisings; 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 of the 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 of work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) 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 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. Form 6- AC -02B Revised 1/93 395 -53 -01 -1022 page 6 of 7 pages (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 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. (h) The contractor will include the provisions of paragraphs (a) through (h) in every sub - contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub - contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of 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 by 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 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, defence, 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 aver that they are familiar with CRS 18 -8 -301, et. seq., (Bribery and Corrupt Influences) and CRS 18 -8 -401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present. 10. 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: (Full Legal Name) CITY OF PUEBLO ���Z� CATHY GARCIA Position (Title) PRESIDENT OF CITY COUNCIL _ 8 4- 0 Social Security Number or Federal I. D. Number If Corporation:) Attest (Seal) By Corpo e Secretary, or Equivalent, Town/City/County Clerk j ATTORNEY GENERAL / By Pl STATE OF COLORADO ROY ROMER, GOVERNOR By •5 EXECUTIVE, DIRECTOR Phillips V. Bradford, SC.D. DEPARTMENT C C H E / I OF APPROVALS���L P� CONTROLLEDy 6� ��NTROtI.LER F g �q By Form 6- AC -02C C. Rich .,.enningt Pe ,� _ which is the last of 7 pages Revised 1/93 assistant A ttorney Ge i 395 - - - 1030 nstructions on reverse side. EXHIBIT A City of Pueblo December 1996 SCOPE OF SERVICES Provide Business Services • Organize local seminar in conjunction with the University of Colorado for local business service providers. • Oversee the development of web content on local business services. Provide Business Presence • Organize local seminar in conjunction with the University of Colorado for local businesses in how to develop websites that make effective use of the web for their type of business. • Assist in the development of web content for or by local businesses. Effect Technology Diffusion • Provide local technical support, operating system, and Internet resources for hosting DIPP or equivalent technology. Provide Web- resident Resources and Guides • Provide server space for local content relevant to business services and business presence. Leverage and Collaborate • Participate in monthly telephone conference calls organized by CATI; in quarterly regional meetings; and in the annual Colorado telecom conference. EXHIBIT A (con't) BUDGET AND EXPENDITURE REPORT C17Y OF PUEBLO December 1996 FEDERAL. FEDERAL IN -KIND IN -KIND EXPENDITURES EXPENDITURES MATCH MATCH BUDGET ACTUAL BUDGET ACTUAL PERSONNEL FRINGE BENERTS TRAVEL EQUIPMENT SUPPLIES CONTRACTUAL CONSTRUCTION TOTAL 27,675 3,900 3,000 6,000 40,575 43,000 302 2,000 45,302 I hereby attest that these expenditures were properly spent toward accomplishment of the Project and documentable by Contractor's records, books and accounts: Signature Date EXHIBIT A (continued) SCHEDULE OF REPORTS AND PAYMENTS December 1996 NOTE: Quarterly Progress Reports are to be formatted by task from Scope of Services. For each task include: achievements for period; variance from plan, if any; and plan for coming period. I. Initial Payment None. 11. First Quarterly Reports and Payment Due: On April 22, 1997 Reports: (a) Quarterly Progress Report (b) Cumulative Budget and Expenditure Report through March 31, 1997. Payment: Actual expenditures up to 90% of contract amount III. Second Quarterly Reports and Payment Due: On July 5, 1997 Reports: (a) Quarterly Progress Report (b) Cumulative Budget and Expenditure Report through June 30, 1997 Payment: Actual expenditures up to 90% of contract amount IV. Third Quarterly Reports and Payment Due: On October 21, 1997 Reports: (a) Quarterly Progress Report (b) Cumulative Budget and Expenditure Report through September 30, 1997 Payment: Actual expenditures up to 90% of contract amount V. Fourth Quarterly Reports and Payment Due: On January 20, 1998 Reports: (a) Quarterly Progress Report (b) Cumulative Budget and Expenditure Report through December 31, 1997 Payment: Actual expenditures up to 90% of contract amount VI. Final Quarterly Reports and Payment Due: On or before May 19, 1998 Reports: (a) Final Progress Report (b) Cumulative and Final Budget and Expenditure Report through March 31, 1998 Payment: Actual expenditures up to 100% of contract amount