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HomeMy WebLinkAbout09141RESOLUTION NO. 9141 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE FRONTIER PATHWAYS SCENIC AND HISTORIC BYWAY, INC., TO HIRE A PART -TIME COORDINATOR AND PERFORMING CERTAIN TASKS AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME Whereas, the City of Pueblo and the Frontier Pathways Scenic and Historic Byway, Inc., share a common interest in the continued development of the Byway; Be it resolved by the City Council of Pueblo, Colorado, that: SECTION 1 The contract dated October 17, 2000, between the City of Pueblo, a municipal corporation, and the Frontier Pathways Scenic and Historic Byway, Inc., 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 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. SECTION 3 The City Council hereby expresses its good faith intention to adopt a budget for the Year 2001 wherein required City funds in the amount of $7,850 will be authorized to be expended from the Planning and Development's Year 2001 Budget Appropriation in connection with the City's obligation under said contract. INTRODUCED: October 23, 2000 COUNCIL PERSON APPROVE : , I I , PRESIDENT OF CITY COUNCIL ATTESTED BY:.o�L Y CLERK Council Agenda TITLE: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE FRONTIER PATHWAYS SCENIC AND HISTORIC BYWAY, INC., TO HIRE A PART -TIME COORDINATOR AND PERFORMING CERTAIN TASKS AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME DEPARTMENT: PLANNING & DEVELOPMENT BACKGROUND AGENDA ITEM # (.v DATE: October 23, 2000 The Byways Board has received a grant to hire a coordinator to implement the Corridor Management Plan. The grant requires a match of $15,700. The Board is requesting that the City and the County share in the match and include the individual as a part-time position within the Department of Planning and Development. The City's share of the match is $7,850 and will come from the Fiscal Year 2001 Planning Department budget. The County's share will be included in the County's Park Planning and Design Letter of Understanding. This letter identifies those parks projects for which the City performs planning activities tasks and are reimbursed by the County Planning Department. The Scope of Services per the contract is included as an attachment with the resolution. Please Note: The Byway Board meets on a quarterly basis. The fourth quarter meeting will be held on October 17, 2000. It is anticipated that the Byway Board will approve the contract at this meeting. The contract included with the attached resolution has, at the time of this writing, not been approved as to form by the City Attorney. A substitute copy of the contract may be distributed at the October 23, 2000, meeting. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT An amount of $7,850 from the FY 2001 Department of Planning and Development budget. I Contract Between the City of Pueblo and the Frontier Pathways Scenic & Historic Byway, Inc. This Contract, entered into this 23rd day of October, 2000, by and between the City of Pueblo a Municipal Corporation, for the use and benefit of the City of Pueblo, Department of Planning and Development, (hereinafter referred to as the "City ") and FRONTIER PATHWAYS SCENIC & HISTORIC BYWAY, INC. P.O. BOX 466 WESTCLIFFE, CO 81252 (Hereinafter referred to as the "Contractor" or "Byway "): WITNESSETH THAT: WHEREAS, authority exists in the Law, the City Council expresses its good faith intention to adopt a budget for the Year 2001 wherein required city funds in the amount of $7,850 will be authorized to be expended from the Planning and Development's Year 2001 Budget Appropriation in connection with the City's obligation under said contract; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate departments of the City; and WHEREAS, the City has received a request for funding assistance from the Contractor and desires to engage the Contractor to render certain activities aimed benefiting and enhancing the community; and WHEREAS, the Contractor's proposed services are to be primarily performed within the City's jurisdiction; and WHEREAS, the City has determined that it is in the best interest of the citizens of Pueblo to aid the Contractor's proposed programmed services through funding assistance. 1 NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and subject to the terms and conditions hereinafter stated, it is hereby understood and agreed by the parties hereto as follows: 1. Project Description and Scope of Services: The Contractor agrees to provide the following Byway Corridor Management Plan and Byway coordination activities on behalf of the City of Pueblo: A. Program Services 1. Arrange and conduct a series of meetings in Pueblo to introduce the nationally designated Frontier Pathways Scenic & Historic Byway to a wide range of community organizations and governmental entities. Identify new or existing projects consistent with the Byway Corridor Management Plan. Depending upon the individual project, provide assistance in the form of a direct grant request by the Byway for funding (using Byway funding sources): arranging for cash or in -kind match; or preparing letters of support from the Byway. Provide day -to -day liaison with the Byway management team. 2. Monitor the development of the Byway portion of the El Pueblo Museum expansion project. Working with the State Historical Society, the facility's designers, and the City, develop an interpretive plan for both the in -door and the out -door elements of the Byway portion of the Museum. This plan will identify theme(s) to be interpreted at the site as well as general recommendations about the physical layout of the Byway node. Ensure that the recommendations in the plan can be accommodated by the Byway's portion of the expansion project's budget. 3. Develop an inventory of documents, objects, and historic sites related to Arthur Carhart that document the involvement of Pueblo and its citizens in the nations' early U.S. Forest Service /community recreational planning efforts. Building on new information and existing research identify and place into context the significant impacts of Carhart and the City's efforts on national recreational policy and implementation. Based upon the information gathered, develop and 2 write an Interpretive Management Plan that proposes one or more venues that will interpret Carhart and Pueblo's roles in national recreational planning and implementation. The Interpretive Management Plan will include a thorough analysis of the efficacy, type, and scope of interpretive venues, (traveling exhibit; museum; national recreational training center; etc.) that could benefit the community economically, as well as funding sources to implement the plan. B. Time of Performance The services of the Contractor are to commence as soon as practicable after January 1, 2001 and shall be undertaken and completed in such a manner as to assure their expeditious completion in light of the purpose of this Contract. Some of the services to be provided are of an on -going nature (liaison, meeting coordination, etc.) but the following products will be completed and presented to the Byway management team and to the Director of Planning and Development on or before December 31, 2001: (1) a written inventory of Carhart- related materials, sites, and artifacts in the Pueblo region; (2) a complete interpretive management plan for a Carhart - related project; (3) a comprehensive outline of the contents and theme(s) of the Byway node at the expanded El Pueblo Museum complex. C. Renewal /Extension of Contract: The parties to this Contract agree that the services descried hereunder are of an on -going nature, or are multi -year services. In recognition of this fact, it is understood that, barring budgetary constraints or inadequate performance by the Contractor, the parties hereby express their non - binding intent to extend this Contract for each of the fiscal years: 2001; 2002; and 2003. Notwithstanding the above, nothing will preclude the parties from not extending the term of this Contract, or from amending or canceling this Contract, at any time, as provided in Section H and J hereunder. 3 D. Compensation and Method of Payment It is the intent of this Contract that the City and the Contractor will share equally in the expenses of the services to be provided in Section A above, and in the form and method described in the following sub - sections of this Section D: 1. A budget for this project is included as Attachment A to this Contract. 2. The services described in Section A above will be performed by an employee of the City who will be hired primarily to perform these services. The employee will be appointed on a temporary appointment, not -to- exceed 1,380 hours in any calendar year and not to exceed 1,380 hours in any twelve month period, in the Department of Planning and Development, City of Pueblo, as a Senior Planner (Byways- Resources Analyst) at a step level that is consistent with the civil service regulations of the City. The temporary employee will provide his /her own office space, which will be at no expense to the City. The employee will submit regular time and attendance reports to the Director of Planning and Development, and will be compensated each month from the budget of the department of Planning and Development for those hours approved by the department Director, except that the number of hours for which compensation is made cannot exceed 1,380 hours in one year. Reimbursable expenses will also be submitted to the Director for approval. The employee shall not be entitled to sick leave, vacation leave nor other benefits provided to regular full time employees of the City. 3. The Director of Planning and Development will make the selection of the temporary employee, except that the Director agrees to consult with the Contractor before a final selection of an employee is made. Nothing hereunder is to preclude the City from hiring, in its sole discretion, an employee, temporary or permanent, to perform the duties described in Section A above, save that if such a hiring decision is made without the consent of the Contractor, the Contractor in its sole discretion may decide not to match the employee's salary and expenses. 4 4. The City will be reimbursed by the Contractor for the Contractor's share of the compensation for the services described in Section A above, upon submission of periodic invoices for reimbursement to the Contractor, provided that such invoices shall not be submitted more frequently than monthly. Contractor shall pay invoices within fifteen (15) days of the date of mailing. E. Source of the Contractor's Funds: The Contractor receives funding for its various projects from nonprofit, municipal, state, and federal sources. The funds to be used for the services encompassed by this Contract are primarily from the Federal Highway Administration. These Federal Highway Funds are made available to the Contractor in the furtherance of its Corridor Management Plan activities, including the coordination of Byway activities. F. Compliance With Laws and Regulations 1. The Contractor shall comply with all applicable laws, rules, regulations, ordinances, and codes of the federal, state, and local governments, including but not limited to, internal revenue service laws, rules, and regulations, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, and the Americans With Disabilities Act, as amended, and Contractor also agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended (24 -34 -402, C.R.S.), and any other applicable law relating to discrimination and unfair employment regulations. 2. Contractor shall comply with terms of any grant funding received from the Federal Highway Administration, including the requirements of all applicable regulations relating thereto. 3. The City is not responsible, in any manner, for administration or compliance with the terms of the Grant. 5 G. Assignment: This Contract is not assignable in whole or in part without the prior written consent of both parties hereto. H. Amendments: This Contract may be amended at any time by the parties hereto, provided such amendment be reduced to writing and executed by both the parties to the Contract. Any proposed changes to the budget set forth in Attachment A shall require an amendment pursuant to this Section H. I. Contingent upon Appropriation This Contract is contingent upon and subject to appropriations of $7,850 in funds by the City Council of the City to meet the compensation provisions of Paragraph D of this Contract. This Contract is also contingent upon and subject to appropriations of funds by the Board of County Commissioners of the County to meet the compensation provisions of Paragraph D of this Contact. In the event the City Council or the Board of County Commissioners, does not for any reason, appropriate sufficient funds, the City may declare this Contract void and of no effect what so ever. J. Termination of Contract: 1. Either party to this Contract, upon thirty (30) days' written notice to the other party, may terminate this Contract without cause and for any reason. 2. In the event this Contract is terminated any work or reimbursable expense incurred by either the Contractor or the City prior to date or termination in the legitimate furtherance of the purposes of this Contract will be reimbursed in accordance with provisions of this Contract. Upon the receipt of any notice to terminate under this Section J, any unexpended funds allocated or advanced to the Contractor by this Contract shall be returned to the City. 0 3. 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 stipulations of this Contract, the City shall thereupon have the right to terminate this Contact for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. K. Term: This Agreement shall become effective January 1, 2001, and shall terminate December 31, 2001, unless earlier terminated as provided herein. L. Modification /Waiver of Terms, Applicability of Laws This Contract, incorporating Attachment A, constitutes the entire Contract between the parties. No variation or modification of this Contract, and no waiver of any of the Contract provisions or conditions, shall be binding unless made in writing and signed by duly authorized officers of the Contractor or the City. This Contract shall be governed by, and construed according to, the laws of the State of Colorado. In Witness Whereof, the City and the Contractor has executed this Contract as of the date first above written. ATTEST: CITY OF U BLO, A MU CIPAL CORPORATION By: _ By: I G Cit Jerk President of City Council 7 ATTEST: CONTRACTOR: FRONTIER PATHWAYS SCENIC & HISTORIC BYWAY, INC. By: 0?44 By Bo d Vice- Chairm or Sec' C- hart; oar..d of birectors ; APPROVED AS TO FORM: By: i City At ey APPROVED TO CONTENT: By: ° z4 Dire or, Planning & eve opment 0 4 . ATTACHMENT A BUDGET - FRONTIER PATHWAYS SCENIC AND HISTORIC BYWAY AND THE CITY OF PUEBLO, COLORADO January 1, 2001 — December 31, 2001 Expenses: Salary: $25,000.00 (Calculated at $20.00 per hour, ca. 1,250 hours p.a.) Benefits: $ 2,862.50 (PERA and Medicare Tax) 10% of City portion only, i.e., 10% of 12,500) Supplies: *$ 887.00 (Includes photocopying, printing, office supplies, photo dup., postage) Telephone: $ 950.00 (Includes charges for one line, and estimated long distance charges) Occupancy: ($4,800.00) (Pro bono, to be used for match) Travel: $ 1,700.00 (Denver archives, attendance at meetings & National Byways Conference in Oregon) $ 1,500.00 (Travel to National Archives, USFS & National Program HQs in Washington. Pro bono to be used for match) TOTAL: $37,700.00 LESS IN -KIND: $ 6,300.00 NET: $31,400.00 (Byway share: $15,700, City share $7,850.00, County share $7,850.00) * These expenses, if supplied by the City, can be treated as in -kind match.