HomeMy WebLinkAbout09435RESOLUTION NO. 9435
A RESOLUTION APPROVING A CONTRACT EIAF NO. 4081 - REGION
07/PUEBLO TECHNICAL ASSISTANCE `02 BETWEEN THE STATE
OF COLORADO FOR THE USE AND BENEFIT OF THE
DEPARTMENT OF LOCAL AFFAIRS, THE CITY OF PUEBLO, AND
THE BOARD OF COUNTY COMMISSIONERS, COUNTY OF PUEBLO,
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, the City of Pueblo and the Board of County Commissioners are joint contractors
for EIAF No. 4081- Region 07 /Pueblo Technical Assistance `02 ", the purpose of which is 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; and
BE IT RESOLVED BY THE CITY COUNCIL that:
SECTION 1.
The grant Contract and attachments, between the State of Colorado for the use and benefit of
the Department of Local Affairs, the City of Pueblo, and the Board of County Commissioners, County
of Pueblo, relating to EIAF No. 4081, Region 7 /Pueblo Technical Assistance `02', a copy of which is
attached hereto and incorporated herein, having been approved as to form by the City Attorney are
hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute and deliver said Contract in the
name of and 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.
Funds for the match in the amount of $40,000 will to be included within the approved FY 2002
Community Development Department Budget.
INTRODUCED
BY: Ric
CO_
APPROVED:/
_November 26, 2001
n
)1, nda
I TERS�ON
ID OF CITY COUNCIL
ATTESTED BY:
CIT LERK
Resolution
AGENDA ITEM # /'
DATE: November 26, 2001
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
A RESOLUTION APPROVING A CONTRACT EIAF NO. 4081 - REGION 07 /PUEBLO
TECHNICAL ASSISTANCE '02', BETWEEN THE STATE OF COLORADO FOR THE USE AND
BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS, THE CITY OF PUEBLO, AND THE
BOARD OF COUNTY COMMISSIONERS, COUNTY OF PUEBLO, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Shall City Council enter into a contract with the Department of Local Affairs and the Pueblo Board of
County Commissioners to perform certain activities relating to planning and intergovernmental
relations?
RECOMMENDATION
Approval of this resolution.
BACKGROUND
This is the eighth year of this contract between the Department of Local Affairs and the City and the
County of Pueblo. Funds from this grant are to be used to fund an incumbent project coordinator. The
Pueblo City Manager is the administrator in charge and has designated the Assistant City Manager for
Community Development as the Coordinator.
It is the coordinator's responsibility 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. A detailed scope of work can be found
within Exhibit A of the contract attached to the Resolution.
FINANCIAL IMPACT
Matching funds for this grant are included within the City Manager proposed FY 2002 budget for the
Department of Community Development.
As a condition of this contract Item 6(b) pages 2 of 7. "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." In compliance with this provision, the City had to send a part of these
funds back to the State in 1999.
EIAF - #4081
Revised May 1, 1996
Severance Tax Fund
CONTRACT
DEPARTMENT OR AGENCY
NA
CONTRACT ROUTING NUMBER
THIS CONTRACT, made this 1st day of January , 2002, 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
Ronrd of Countv Commissioners. Countv of Pueblo. 215 W. 10" 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 available for payment in Fund Number 152 ,
Appropriation Code Number 127 , Org. Unit FBAQ , GBL , Contract Encumbrance
Number F02S4081 ;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 Lee R. Evett , 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 Proiect 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 execute 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 THOUSAND AND NO /100 -------- Dollars ( $ 40,000.00 ). 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 to 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 maybe 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:
i) 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;
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 Executive 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 property 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 as required by the Colorado Local Government Audit Law,
CRS. 973,29-1-601, et seg 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 Worker's 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. 18 -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, after
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
Page 3 of 7 Pages
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 ContracL
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 Contrac 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 -0f - 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. SeverabiliN 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 tern 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
Page 4 of 7 Pages
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 suer 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 Govemor of Colorado involving non-discrimination on the basis of race,. color,
religion, national origin, age, handicap or sex 'In comptance 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. Minofjty Business Enterorise PagWatition 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 carry 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 Apprmble 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.
Page 5 of 7 Pages
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 practice (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 fortraining, 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 7/97
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 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, 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 lawwhether
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; (b) unpaid 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 Department 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: j
(Full Legal ) CITY PUEBLO, COLORADO
By /'/ /
Position- {.Title) PRESIDENT, CITY COUNCIL
84- 6000615
Social Security Number or Federal ID Number
(If Corporation:)
Attest (Seal)
By
Corpo e Secretary, or Equivalent, Town /City /County Clerk
(Full Legal Name) OARD OF COUNTY COMMISSIONERS,
COUNTY OF PUEBLO, COLORADO
By
Position (Tide) CHAIR
84- 6000797
395 -53 -01 -1030
STATE OF COLORADO
BILL OWENS, GOVERNOR
By
J 7 BOB BROOKS, EXECUTIVE DIRECTOR
DEPARTMENT
OF LOCAL AFFAIRS
APPROVALS
STATE CONTROLLER
Arthur L. Barnhart
Social Security Number or Federal ID Number
(If Corporation:)
Attest (Seal)
By
Corporate Secretary, or Equivalent, Town City /C 41—
PRE- APPRO FORM rONTRACT REVIEWER
Form 6- AC -02C
Revised 7/97
By �
Roe arie Aut'erk
Page 7 which is the last of 7 Pages
EXHIBIT A
SCOPE OF SERVICES
EIAF #4081 -Region 7 /Pueblo Technical Assistance `02
EXHIBIT A
SCOPE OF SERVICES
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:
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; and
d. 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.
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 $40,000 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 $ 40,000.
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.
2. 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 - #4081 - Region 7 /Pueblo Technical Assistance `02
EXHIBIT A
SCOPE OF SERVICES
3.
4.
TIME OF PERFORMANCE
The Project will commence on January 1, 2002 upon the full and proper execution of this Contract.
The Project will be completed on or before December 31, 2002. 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, 2002, and shall include a full justification for the time extension.
BUDGET
REVENUE EXPENDITURES
Energy /Mineral Impact Assistance $40,000 Salaries /Benefits /Travel/ $80,000
Grant Funds Operating Expenses
Contractor Funds 40,000
TOTAL $80,000 TOTAL $80,000
5.
PAYMENT SCHEDULE - GRANT AGREEMENT
a. $ 4,000 Initial payment to be made within thirty (30) days of the
date of execution of this Contract.
b. 33,999 Interim payments totaling $ 33,999 in three (3) equal
installments of $ 11,333 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. 2,001 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.
$40,000 TOTAL
6.
7
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.
CONTRACT MONITORING
The State shall monitor this Contract on an as- needed basis.
REPORTING SCHEDULE
The Contractorwill 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