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HomeMy WebLinkAbout8581RESOLUTION NO. 8581 A RESOLUTION APPROVING A CONTRACT, EIAF 3489, BETWEEN THE STATE OF COLORADO (DEPARTMENT OF LOCAL AFFAIRS), THE COUNTY OF PUEBLO, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO COORDINATING AND ASSISTANCE WITH RESPECT TO INTERGOVERNMENTAL PLANNING AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 Contract EIAF #3489 between the State of Colorado (Department of Local Affairs), the County of Pueblo, and the City of Pueblo relating to providing financial support to foster coordination and assistance in management, planning, and intergovernmental relations associated with general purpose government and energy /mineral impact activities within State Planning and Management Region No. 7, a copy of which is attached hereto, 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 and deliver the Contract in the name of the City in substantially the same form and content as the Contract attached hereto with such modifications as the President of City Council and the City Attorney shall approve. The City Clerk is authorized and directed to affix the Seal of the City thereto and attest same. SECTION 3 Matching funds for this Contract will come from the Department of Planning and Development's budget. INTRODUCED DECEMBER 14, 1998 BY Corinne Koehler ATTEST: Council Agenda p� #�1 A RESOLUTION APPROVINCONTRACT, EIAF 3489, BETWEEN THE STATE OF COLORADO (DEPARTMENT OF L AFFAIRS), THE COUNTY OF PUEBLO, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO COORDINATING AND ASSISTANCE WITH RESPECT TO INTERGOVERNMENTAL PLANNING AND AUTHORIZING THE TItlePRESIDENT OF CITY COUNCIL TO EXECUTE SAME Agenda Item ## Department: PLANNING & DEVELOPMENT Date: DECEMBER 14, 1998 BACKGROUND This is the fifth year of this Contract between the Department of Local Affairs and the City and County. Funds from this grant are to be used to fund an incumbent project coordinator. It is the Coordinator's responsibility to foster coordination and assistance with respect to intergovernmental planning 4nd energy /mineral impact activities within State Planning and Management Region No. 7. Project services to be carried out under this contract include the following activities: a. Promotion of a better understanding by local governments of the State Energy /Mineral Impact Assistance Program through the identification, documentation and discussion of regional energy impact and related problems, and the dissemination of information on the availability of grant funding and technical assistance. , . b. Assistance to local governments in developing Energy /Mineral Impact Assistance grant applications and other state and federal grant applications, ensuring that applications are fully completed, accurate, and submitted in a timely manner. C. Technical assistance to, and coordination and staffing of, local impact teams. d. Monitoring of regional energy /mineral industries and resulting socioeconomic impacts. This activity will entail the monitoring , and reporting on a quarterly basis of industry and local government data and activity in a manner and format prescribed by the State; and e. Assist with 2000 Census address list review and tallies of housing units. All requests for Census related cost reimbursements must be approved by the State Demographer. General administrative expenses will typically not be allowed. As per the present agreement between the City and County, this Coordinator is housed within a City of Pueblo facility. The Coordinator works under the direction of the Pueblo City Manager, and additional Work Program items are jointly developed by the President of the Pueblo City Council and the Chairperson of the Pueblo County Commissioners. For the past three years of this contract, the Director of the Department of Planning and Development for the City has served as the incumbent Project Coordinator. Ms. Cathy Green, Assistant City Manager for Transportation and Neighborhood Planning, will be transferred to the Planning Department to aid in the performance of the normal administrative duties of the department to free up the director to perform these additional duties. FINANCIAL IMPACT Match money for this grant comes from the monies budgeted for the normal operation of the Department of Planning and Development. The money is a part of the $151,752 in Grants and Abatements the Planning Department must secure in the 1999 budget. D �C rs�> EIAF - #3489 Revised May 1, 1996 Severance Tax Fund CONTRACT DEPARTMENT OR AGENCY L � NAA CONTRACT ROUTING NUMBER THIS CONTRACT, made this 1st day of January , 1999, by and between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver. Colorado 80203 hereinafter referred to as the State, and the City of Pueblo. P.O. Box 1427, Pueblo, Colorado 81002, and the Board of County Commissioners. County of Pueblo. 215 W. 10th Street, Pueblo. Colorado 81003 , hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains ava le r payment in Fund Number 152 . Appropriation Code Number 127 Org. Unit FBAO GBL Contract Encumbrance Number F9S3489 ;and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist local governments and political subdivisions of the State that are experiencing social and economic impacts resulting from the development of energy and mineral resource industries in Colorado; and WHEREAS, pursuant to 39 -29 -101 to 116, C.R.S., 1982 Rep. Vol., the Local Government Severance Tax Fund has been created, which fund is administered by the Department of Local Affairs herein referred to as the "Department", through the Energy and Mineral Impact Assistance program; and WHEREAS, pursuant to section 39- 29- 110(1)(a) and (b)(1) C.R.S.(1982), as amended, the Executive Director of the Department is authorized to distribute funds from the Local Government Severance Tax Fund to those political subdivisions socially or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels for the planning, construction, and maintenance of public facilities and for the provision of public services; and WHEREAS, the Contractor, a political subdivision eligible to receive energy /mineral impact assistance, has applied to the Department for assistance; and WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and WHEREAS, the Executive Director is willing to provide assistance in the form of a grant from the Local Government Severance Tax Fund to the Contractor for the Project upon mutually agreeable terms and conditions as hereinafter set forth; NOW THEREFORE, it is hereby agreed that: 1. Scope of Services In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services ", set forth in the attached Exhibit A, hereinafter referred to as the "Project." Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator The performance of the services required hereunder shall be under the direct supervision of Lew Quigley- an employee or agent of the Contractor, who is hereby designated as the administrator -in- charge of this Project. At any time the administrator -in- charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator -in- charge and the State receives notification of such replacement assignment. Page 1 of 7 Pages 3. Time of Performance This Contract shall become effective upon the proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the 'Time of Performance" Section contained in the attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract shall not be considered eligible expenditures for reimbursement from the State.The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the completion date set forth in the 'Time of Performance" Section of Exhibit A. 4. Authority to Enter into Contract and Proceed with Project The Contractor assures and warrants that it possesses the legal authority to enter into this Contract. The persons signing and executing this Contract on behalf of the Contractor do hereby warrant and guarantee that they have full authorization to executive this Contract. In addition, the Contractor represents and warrants that it currently has the legal authority to proceed with the Project, or, if the structure of the Project is such that a decision by the electorate is required, the Contractor has held such an election and secured the voter approval necessary to allow the Project to proceed. 5. Compensation and Method of Payment Grant Funds: Method of Payment In consideration for the work and services to be performed hereunder, the State agrees to provide to the Contractor a grant from the Local Government Severance Tax Fund, in an amount not to exceed FORTY -NINE THOUSAND FIVE HUNDRED ONE AND NO /100 ------- Dollars ( $49.501.00 ). The method and time of payment of such grant funds shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. 6. Reversion of Excess Funds to the State a) Any State funds not expended in connection with the Project shall be remitted to the State upon completion of the Project or a determination by the State that the Project will not be completed. b) It is expressly understood that if the Contractor receives funds from this Contract in excess of its fiscal year spending limit, all such excess funds from this Contract shall revert to the State. Under no circumstances shall excess funds from this Contract be refunded to other parties. 7. Financial Management At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated accounts 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 be in accordance with the "Budget" Section set forth in Exhibit A. Contractor may adjust individual budgeted expenditure amounts up the limitations set forth in Paragraph 8.b) of the main body of this Contract without approval of the State. Any budgetary modifications that exceed the limitations set forth in Paragraph 8.b) must adhere to procedures set forth in Paragraph 8.c) in order to modify the Contract budget. 8. Modification and Amendments a) Modification by Operation of Law This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modifications shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Changes This Contract has a simplified Change Letter procedure for modifying this Contract for the following reasons: unless otherwise specified in the Scope of Services, when cumulative budgetary line item changes exceed Twenty Thousand Dollars ($20,000.00); ii) when any budget transfers to or between administration budgetary categories are proposed; iii) when the scope, objective or completion date of the Project changes as determined by the Department; iv) when additional or less State funding is needed; v) when there are additional federal statutory or regulatory compliance changes in accordance with Paragraph 23 of the Original Contract. Page 2 of 7 Pages Under such circumstances, the Department's approval is not binding until memorialized in a fully executed Change Letter as specified in subparagraph c)_ c) Change Letter Process Contractor must submit a written request to the Department if programmatic or budgetary modifications are desired. Paragraph 5, Compensation and Method of Payment; Paragraph 23, Compliance with Applicable Laws; and Exhibit A, Scope of Services, may be modified by Change Letter, signed by the State and the Contractor. Upon proper execution and approval, such Change Letter shall become an amendment to the Contract, effective on the date specified in the Letter. No such Change Letter shall be valid until approved by the State Controller or such assistant as he may designate. All other modifications to this Contract must be accomplished through amendment to the Contract pursuant to fiscal rules and in accordance with subparagraph 8.d). d) Other Modifications If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs b) and c) above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. Any amendment required per this subparagraph will require the approval of other appropriate state agencies, e.g. Attorney General, State Controller, etc. 9. Audit a) Discretionary Audit The State, through the_Fxecutive Director of the Department, the State Auditor, or any of their duly authorized representatives, including the right to hire an independent Certified Public Account of the State's choosing, or the federal government or any of its properly delegated or authorized representatives shall have the right to inspect, examine, and audit the Contractor's (and any subcontractor's) records, books, accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed during normal business hours. b) Mandatory Audit Whether or not the State calls for a discretionary audit as provided above, the Contractor shall include the Project in an annual audit report as required by the Colorado Local Government Audit Law, CRS.- 973, 29 -1-601, et sea and the Single Audit Act of 1984, Pub. L. 98 -502, and Federal and State implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor related to the relevant audit report If the audit reveals evidence of non-compliance with applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29 -1 -607 or 29 -1 -608. 10. Personnel The Contractor shall perform its duties hereunder as a Contractor and not as an employee of the State. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee of,the State. Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force worker's compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees and agents- -The Contractor is responsible for providing Workers Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage for themselves_ In no case is the State responsible for providing Worker's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. 11 Contractor An Independent Contractor Contractor shall be an independent Contractor and shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability or understanding except as expressly set forth herein 12 Conflict of Interest The Contractor shall comply with the provisions of C R S t 8 -8 -308 and C R S 24 18 101 through 24 -18 -109 13. Contract Suspension If the Contractor fails to comply with any contractual provision, the State may, afle notice to the Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds. pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the Project. 14. Contract Termination This Contract may be terminated as follows: a) Termination Due to Loss of Funding The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. b) 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, the State shall thereupon have the right to terminate this Contract for cause by giving written'notice to the Contractor of such termination and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 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. c) Termination for Convenience The State may terminate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In the event of termination for convenience, all finished or unfinished documents and other materials as described in subparagraph 14.b) above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent (60 %) of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out -of - pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. 15. Integration This Contract, as written, with attachments and references, is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 16. 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 nor as waiver of a subsequent breach of the same term 17. Binding on Successors Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns 18. Assignment Neither party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other party No subcontract or transfer of Contract shall in any case release the Contractor of liability under this Contract 19. 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 or compliance beyond the termination date of the Contract shall survive such termination -date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. 20. Successor in Interest In the event the Contractor is an entity formed under intergovernmental agreement and the project is for the acquisition, construction or reconstruction of real or personal property to be used as a public facility or to provide a public service, the Contractor warrants that it has established protections that ensure that, in the event the Contractor entity ceases to exist, ownership of the property acquired or improved shall pass to a constituent local government or other eligible governmental successor in interest so that the property can continue to be used as a public facility or to provide a public service. 21. Non-Discrimination The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving nondiscrimination on the basis of race, color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of this Contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this Contract Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non - discrimination and affirmative action requirements of this Contract and applicable statutes. 22. Mino ft Business Enterprise Participation It is the policy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The Contractor agrees to use its best efforts to cant' out this policy to the fullest extent practicable and consistent with the efficient performance of this Contract As used in this Contract, the term "minority business enterprise" means a business, at least fifty percent (50 %) of which is owned by minority group members, or, in the case of publicly owned businesses, at least fifty -one percent (51%) of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish - speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not conduct an independent investigation. 23. Compliance with Applicable Laws At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established. j i SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This Contract shall not be deemed valid until x shat 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 Contrail, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -halt of the total amount payable by the terns 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 perfonnance 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 fled, 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 a. To the extent authorized by law, the Contractor shad indemnify. save and hold hanTdess the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and.attomey 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 Ad of 1957, as amended, and other applicable law respecting discrimination and unfair employment practice (CRS 2434.402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant t hereto, the following provisions shad 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 advertisings; lay -offs_ or terminations: rates of pay or other fomts of compensation: and selection for tranng, 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, noticg 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 fumish 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 Govemor, 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. deed, 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 ad defined in this contract to be discriminatory Form 6 -AC -02B Revised 7197 395 -53 -01 -1022 Page 6 of 7 Pages (g) In the event of the Contractor's non- compl, a with the non - discrimination clauses of this contrac vith any such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declare, .,religible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by 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, 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; (bunpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the 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 judgement as certified by the Controller. 10. 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. 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. CONTRACTORS: STATE OF COLORADO (Full Legal Name) CITY OF PUEBLO COLORADO By Position (Title) IPRESID T. CITY COUNCIL 84- 6000615 Social Security Number or Federal ID Number (If Corporation:) Attest (Sea() By Corpor4 Secretary, or Equivalent, Town/City /County Clerk (Full Legal Name) BOARD OF COUNTY COMMISSIONERS, COUN OF PUEBLO COLORADO-- By P ition Tit) HAIR 84- 6000797 Social Security Number or Federal ID Number (If Corporation:) Attest (Seal) By Corporate Secretary, or Equivalent. Town/City /County Clerk PRE - APPROVED F M CO RACT REVIEWER ROY ROMER, GOV R By EXECUTIVE I CTO Jerry Smith DEPARTMENT OF LOCAL AFFAIRS APPROVALS STATE CONTROLLER Clifford W. Hall By Rose M rie Auten Form 6- AC -02C Revised 7197 395 -53 -01 -1030 Page 7 which is the last of 7 Pages EXHIBIT A SCOPE OF SERVICES EIAF - #3489 EXHIBIT A SCOPE OF SERVICES 1. PROJECT DESCRIPTION. OBJECTIVES. & REQUIREMENTS The Project consists of providing financial support to Pueblo County and the City of Pueblo, Colorado, to foster coordination and assistance in management, planning and intergovernmental relations associated with general purpose government and energy /mineral impact activities within State Planning and Management Region 7. Pueblo County and the City of Pueblo are joint Contractors for the Project. Project activities shall be carried out by an project coordinator, who was hired jointly by the Contractors. Project services will include the following activities: a. promotion of a better understanding by local governments of the State Energy /Mineral Impact Assistance program through the identification, documentation and discussion of regional energy impact and related problems and the dissemination of information on the availability of grant funding and technical assistance; b. assistance to local governments in developing Energy /Mineral Impact Assistance grant applications and other state and federal grant applications, ensuring that applications are fully completed, accurate and submitted in a timely manner; C. technical assistance to, and coordination and staffing of, local impact teams; monitoring of regional energy /mineral industries and resulting socio- economic impacts. This activity will entail the monitoring and reporting on a quarterly basis of industry and local government data and activity in a manner and format prescribed by the State; and e. assist with 2000 Census address list review and tallies of housing units. All requests for Census- related cost reimbursements must be approved by the state demographer. General administrative expenses will typically not be allowed. As a mechanism to manage the Project, the Contractors have developed and agreed to, and the Department of Local Affairs has reviewed and accepted, a memorandum of agreement setting forth: a) arrangements between the Contractors for paying Project expenses; b) the frequency and content of performance evaluations of the project coordinator, as well as causes for reprimand and dismissal; and c) the method of resolution of disagreements between the Contractors. Under this memorandum of agreement a management committee has been established to supervise and evaluate the project coordinator and perform any other functions the Contractors agree to. Energy /Mineral Impact Assistance funds in the amount of $49,501 are provided under this Contract to finance a portion of Project costs. The Contractor is expected to provide $ 40,000 in Project financing, and, in any event, is responsible for all Project cost in excess of $ 49,501. Copies of any and all contracts entered into by the Contractors in order to accomplish this Project shall be submitted to the Department of Local Affairs, Field Services Section, upon execution, and any and all contracts entered into by the Contractors 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. ENERGY AND MINERAL IMPACT The population of Pueblo County was 123,051 in 1990; it is currently estimated to be 130,730. Rocky Mountain Steel Mills (formerly CF & 1) has reduced their workforce by about 300 employees since the strike which took place in 1997. The energy /mineral sector has witnessed a long -term trend of generally declining employment. In 1997 there were 1,036 energy /mineral production employees in the County. Page 1 of 2 Pages EIAF - #3489 EXHIBIT A SCOPE OF SERVICES 3. TIME OF PERFORMANCE The Project will commence on January 1, 1999 upon the full and proper execution, of this Contract. The Project will be completed on or before December 31, 1999. However, in accordance with Paragraph 8 contained within the main body of this Contract, the Project time of performance may be extended by Change Letter, subject to mutual agreement of the State and the Contractors. To initiate this process, a written request shall be submitted to the State by the Contractors at least thirty (30) days prior to December 31, 1999, and shall include a full justification for the time extension. 4. BUDGET REVENUE EXPENDITURES Energy /Mineral Impact Assistance $49,501 Salaries /Benefits/Travel/ $80,000 Grant Funds Operating Expenses Contractor Funds 40,000 2000 Census 9,501 TOTAL $89,501 TOTAL $89,501 5. PAYMENT SCHEDULE - GRANT AGREEMENT a. $ 4,948 Initial payment to be made within thirty (30) days of the date of execution of this Contract. b. 42,078 Interim payments totaling $ 42,078 in three (3) equal installments of $ 14,026 each, to be paid on a quarterly basis. Payments shall be based upon demonstration of satisfactory work progress and upon properly documented financial and narrative status reports detailing expenditures made during the preceding three (3) month period submitted to and approved by the State. C. 2,475 Final payment to be made upon the completion of the Project. The Contractors shall submit a final financial and narrative status report documenting the expenditure of all Energy /Mineral Impact Assistance funds for which payment has been requested. $49,501 TOTAL All requests for payment after the first payment shall be initiated by the Contractors in accordance with the provisions in Paragraph 5 of the main body of this Contract. 6. CONTRACT MONITORING The State shall monitor this Contract on an as- needed basis. 7. REPORTING SCHEDULE The Contractor will submit financial, narrative status and data reports detailing Project progress and properly documenting all to -date expenditures of Energy /Mineral Impact Assistance funds on a quarterly basis (March, June, September, December), in accordance with the payment schedule. Narrative reporting shall include a listing of communities assisted and a description of how Project activities are linked to energy /mineral impacts. Page 2 of 2 Pages D ID D D �- City of Pueblo OFFICE OF THE CITY MANAGER MEMORANDUM TO: Ms. Corinne Koehler, President, Pueblo City Council; and Mr. John Klomp, Chairperson, Pueblo County Commissioners FROM: Lewis A. Quigley, Administrator -in- Charge, EIAF No. 3489 . 'PlW DATE: February 1, 1999 SUBJECT: PUEBLO C /COUNTY INTERGOVERNMENTAL COORDINATOR ENERGY IMPACT ASSISTANCE FUNDS— CONTRACT NO. 3489 The City and County of Pueblo have jointly entered into a contract, EIAF No. 3489, for the purpose of fostering City /County Intergovernmental Coordination efforts. As designated administrator in charge of this project, it is my understanding that the City and County will continue to perform the scope of services and fill the position of project coordinator as set forth in Exhibit "A ", Section 1, EIAF No. 3489, in the following manner: "The project coordinator shall be a City of Pueblo employee, subject to the City of Pueblo's Personnel Policies and receiving the City of Pueblo's benefit package. This individual must possess the skills necessary to foster coordination and assist in management, planning, and intergovernmental relations associated with general purpose government and Energy /Mineral Impact activities within State Planning and Manage- ment Region No. 7. "The project coordinator shall be located in a City of Pueblo facility. The City will be responsible for the cost of providing this facility as well as the management of project finances. Funds received through EIAF Contract No. 3489 and the match monies budgeted within the City of Pueblo's Department of Planning and Development will be used to fund the project coordinator's salary, benefits, travel, and operating expenses, including the salary of support personnel required to complete the 1999 work program. The City will be responsible for any and all project costs in excess of the State's contribution. P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 584 -0800 Memorandum Ms. Corinne Koehler, President, Pueblo City Council; and Mr. John Klomp, Chairperson, Board of County Commissioners February 1, 1999 Page Two "The Project Coordinator will work under the direction of the Pueblo City Manager, who also serves as the administrator in charge, and be governed by the City of Pueblo's Personnel Policies. The President of Pueblo City Council and the Chairperson of the Board of Pueblo County Commissioners will serve as the management committee. " The work program for 1999 includes the following activities: "a. promotion of a better understanding by local governments of the State Energy /Mineral Impact Assistance program through the identification, documenta- tion, and discussion of regional energy impact and related problems and the dissemination of information on the availability of grant funding and technical assistance; "b. assistance to local governments in developing Energy/ Mineral Impact Assistance grant applications and other state and federal grant applications, ensuring that applications are fully completed, accurate and submitted in a timely manner; "c. technical assistance to, and coordination and staffing of, local impact teams; "d. monitoring of regional energy /mineral industries and resulting socioeconomic impacts. This activity will entail the monitoring and reporting on a quarterly basis of industry and local government data and activity in a manner and format prescribed by the State; and "e. assist with 2000 Census address list review and tallies of housing units. All requests for Census related cost reimbursements must be approved by the state demographer. General administrative expenses will typically not be allowed. " Corinne Koehler, President Pueblo City Council LAQ /JFM /bg