HomeMy WebLinkAbout8790RESOLUTION NO. 8790
A RESOLUTION APPROVING A CONSULTING CONTRACT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, PUEBLO
COUNTY, COLORADO AND MEL TAKAKI AND ASSOCIATES,
LLC RELATING TO THE PUEBLO CHEMICAL DEPOT
DEMILITARIZATION PROJECT
BE RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Consulting Contract dated as of June 1, 1999 between the City of Pueblo,
Pueblo County, Colorado and Mel Takaki and Associates, LLC relating to the Pueblo
Chemical Depot demilitarization project, a copy of which is attached hereto, having been
approved as to form by the City Attorney, is hereby approved.
4F.C:TION 2.
The President of the City Council is authorized to execute and deliver the
Consulting Contract in the name of the City.
SECTION 3.
Funds in the amount of $25,000.00 are hereby appropriated from Account No.
001 -7090 to Account No. 001 - 0100 - 101 - 000 - 03 0 -00 for payment of City's share of
expenses under the Consulting Contract during fiscal year 1999.
INTRODUCED: August 23, 1999
BY: Rich Golenda
Councilperson
ATTEST:
City Cf6k
APP 'ED:
President of the City Council
-2-
CONSULTING CONTRACT
THIS CONTRACT entered into as of June 1, 1999 between Mel Taksld and Associates,
1. LC,, of Pueblo, Colorado (" Consultant) and Pueblo, a municipal corporation CCW) and
Pueblo County, Colorado rCounty"), WITNESSETH:
WHEREAS, activities conducted at the Pueblo Chemical Depot including the disposition
of chemical weapons and infrastructure relating thereto ("PCD ActiviUMMI are of vital Importance
to both City and County, and
WHEREAS, Consultant through experiences and involvement with tie pueblo Chemical
Depot is qualified to asst City and County in negotiaWns with involved federal agencies
concerning PCD Activities; and
WHEREAS, Consultant is desirous of serving and acting as the representative of City
and County in conducting such negotiations, and
WHEREAS, City and County are deskous of engaging Consultant to act as their
representative in such negotiations.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, Consultant, City, and County agree as follows.
EBgaggg_M t. City and County engage Consultant and Consultant accepts such
engagement to provide the consulting services described in the attached Exhibit
W upon the terms and conditions contained herein.
2. i m. The term of this Contract shall be for one (1) year commencing June 1,
1999 and ending May 31, 2000 uniess sooner terminated as herein provided.
City aril County may extend the term of this Contract for an edditionaI period not
to exceed one (1) year upon the same covenants and conditions, provided, City
and County give written notice of such extension to Consultant on or before May
31, 2800 specWykg the period of extension.
3. Com2gnsation As full compensation for all services to be performed by
Consultant under this Contract, City and Courrtyy will pay Consultant a consulting
fee equal to $5,000.00 per month plus expenses reasonably and necessarily
incurred by Consultant in performing services under this Contract, including
transportation, lodging and meal expenses while performing services outside the
State of Colorado. To the extent practicable all such expenses or types of
expenses shall be approved by the city and county prior to such expenses being
incurred. Consultant, City, and County hereby stipukft and agree that such
oonsulting fees and expenses will be paid as follows: one -half (1/2) thereof by
City and one -half (112) thereof by County within thirty (30) days after receipt of a
billing thereof from Consultant accompanied by appropriate invoices and receipts
for all expenses billed. The consultant shall keep contemporaneous records of
all work performed in connection with this agreement which shall be submitted
along with the billing statements submitted hereunder. The records shall include,
at a m inimum, the date of the services performed, the general nature of the
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service or work performed, and the approximate amount of time devoted to the
service.
4. Raletionshi The relationship between city and county and consultant is purely
contractual. Consultant shall perform Its duties hereunder as an independent
contractor and not as an employee of either city or county. Neither the
consultant nor any employee or agent of consultant shall tie, or be deemed to be,
an employee or agent of either city or county. Consultant shoo pay when due all
required employment taxes and income taxes on any monies (raid pursuant to
this contract. The consultant acknowledges and agrees that neither consultant
nor its employees are entitled to workers' compensation benefits or
unemployment insurance benefits unloss the consultant provides such benefits
and that neither city nor county pays for or otherwise provides such benefits and
that neither city nor county pays for or otherwise provides such bens ts.
Consultant shall have no authorization, expressed or implied, to bind or commit
either city or county to any agreement, contract, liability or understanding. All
such agreements, contracts, liabilities or understandings must be approved and
entered into by the governing bodies of city and county. Consultant shalt provide
and keep In force workers' compensation and unemployment compensation
Insurances In amounts required by law.
5. INSU_ _ NCE AND lndemnification Consultant shall be solely responsible for its
acts and the acts of its employees and agents. Consultant shall indemnity,
defend and hold harmless City and County and their respective officers,
employees and agents, from and against any and all claims, demands, damages,
liability, and court awards, including costs, expenses and attorney fees, incurred
as a result of, or caused by any act or omission by the Consultant, or its
employees, agerds, or subcontractors.
During the term of this Agreement. Consultant agrees to provide the following -
described insurance coverage. and, upon request from either the City or the
County, to provide the City or the County with proof of such coverage and to
immediately notify City and County upon the expiration or other termination of
such coverage:
(a) General Liabildy/Errors and Omissk ms/or other insurance necessary and
appropriate to cover Consultant, and all employees, servants and/or
agents connected with or engaged in the performance of Consultant's
obligations hereunder with minimum limits of $600,000.00 per
occurrence.
(b) Worker's Compensation and Liability insurance covering Consultant and
his employees in accordance with statutory requirements applicable to
the performance of its business in Colorado.
Coverages enumerated in this insurance provision represent only the minimum
insurance required by the City and the County, and Consultant should rely on 'his
expertise to obtain any additional insurance coverage needed for either the City
or the County and Consultant in his performance hereunder. If requested by
either the City or the County, Consultant shall provide either the City or the
County with certificates of Insurance Indicating Consultant and his subcontractors
are hovered by insurance as set forth above. Where requested and furnished,
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such cartificates must be aWroved by the City and the County prior to the
commencement of any work hereunder. Each such certificate shall provide that
the City and the County shalt receive thirty (30) days prior written notice of
cancellation of such insurance coverage.
6. 1 mun . Notwithstanding an yt hing contained herein to the contrary, neither
this Contract nor any term or provision of this Contract, shall be construed or
Interpreted as a waiver, expressed or Implied, of any of the Immunities, rights, or
privileges granted by taw to City and to County, Including without limitation, the
Immunities, rights, benefits, protections or other provisions of the Colorado
Governmental Immunity Act, Section 2410 -101, et sea. C.R.S.
7. City and County agree to provide to Consultant such support services as may
reasonably be necessary In the provision of services by Consultant hereunder,
Including copying of documents, arranging meetings, etc.
8. NQUge Any notice or bilkq required to be given hereunder by any party to the
other parties shall be In writing and delivered personally or sent by first -clans
mail, postage prepaid, addressed as follows:
(a) if to the City. 1 City Hal Place, Pueblo, Colorado 81003, Attention: City
Manager.
(b) if to the County, 215 West le Street, Pueblo, Colorado W00% Attention:
Pu0W County Attorney.
(c) if to the Consultant: 23 Cale De Sal, Pueblo, CO 81W8, A tin: W T a kski
or to such other address as either party may specify in wren notice given to the
other parties. if notice Is given by mail, it shall be deemed to have been
delivered three (3) days after the date of mailing.
9. Termination This Contract may be terminated at any time and for any reason,
without penalty or liability, by City and County upon ninety (90) days prior written
notices given to Consultant specifying the data of temntnation.
10. Nc Third Parties. Nothing herein expressed or implied is Intended or
shall be construed to confer upon or g iv e any person, firm or corporation, other
than the parties hereto, any rights or remedies under or by reason of this
Contract.
11, funds Ave j "ir . Financial obligations of City and County payable after the
current flecal year are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available.
12. glndipg E ffec This Contract shall be binding upon and inure to the benefit of the
panties and their respective successors, assigns, heirs and personal
representatives, provided, that Consultant may not assign this Contract nor any
of its obligations, benefits or rights hereunder.
13. Amen . This Contract may be amended only by written Instrument signed
by all of the parties hereto,
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14, Applicable Law This Contract shall be construed in accordance with and
governed by the taws of the State of Colorado, without regard to conflict of law
principles.
15. Wer#kift. if any provision of this Contract Is delrenT ned by a court of
competent jurisdiction to be Invalid or unenforceable, such determination shall
not affect the other provisions of this Contract which shall remain in full force and
effect.
MEL TAKAKI AND ASSOC., LLC PUEBLO COUNTY, COLORA00
By: `
Ih MVi 4 — a Cffalni6rson, Board of Caunty Co
MUNICIPAL CORPORATION
of the
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exhibit W
SERVICES
Arrange for continuous dialogue of cowmunnity needs, conaenrs, and goats arising from
construction and operations of the Pueblo chemical demilitari - mlioo project with career
W elected officials at the local, state and federal levels.
2. Facilitate worts that would assist the City Council and Board of County Commissioncrs
to better understand the project impact and focus the local perspective. PossVlc
scenarios include having Council and Commission umbers visit an existing chemical
demilitarization site and/or having communky elected officials from other affected
commwtitiess corn to Pueblo and share their experience.
3. Maintain open dialogue between all political subdivisions to ensure an open flow of all
information wW County /City and other governments intergovernmental cooperation. A
crucial goal would be the amalgarru<tion of County and City goals and concerns into a
elm and concise single voice.
4. Provide information and be available for tommurkations with Pueblo County and the
City of Pueblo as aeeded.
5. Assist Pueblo County in the etca+ctment of a hazardous waste disposal fee to mitigate the
cost of impact caused by the construction, operation and dettwlition of the chemical
demilitarization facility.
b. Negotiate with ft Departwmt of Dotense for recognition of the Pueblo hazardous waste
disposal fee.
7. Att+einpt to secure planning assiismuct money to mu to t1w imp=t of project
teobnolugies and processes. Possible sources of these funds slWI include KUM ,
Departwent of Agriculture, E.D.A., etc.
8. Assist in negotiation of the infiastructure desYga to service the chemical demilitarization
project. This wold i' ude items such as transportation and utilities.
9. Assist the City and County in providing input into tha U.S. Army request for proposal
Which addresses safety, economic, social and infrastructure needs of the City and County.
10. Encourage Colorado's congressional legislature delegation and the U .S. Army to moot the
2407 treaty deadline with the least possible extensions.
11, CONSULTANT WILL COORDINATE THE PF. "OR ANCE OF ITS SERVICES
UNDER THIS CONTRACT WrM MENE L. KORNELL`Y', THE CONSULTANT
ENGAGED BY PUEBLO COUNTY AND THE PUEBLO DEPOT ACI.'1'I'S ITY
DEVELOPWNT AUTHORITY,
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