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HomeMy WebLinkAbout09460RESOLUTION NO. 9460 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 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, that: SECTION 1. The contract dated December 26, 2001, 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. City funds for this contract in the amount of $7,000 are made available from the Fiscal Year 2002 General Fund Budget for the Department of Community Development. INTRODUCED: DECEMBER 26, 2001 BY Rich Golenda OUNOL PERSON (/Pf- 1 ESII OF CITY COUNCIL ATTESTED BY: Y CLERK E Background Paper for Proposed RESOLUTION AGENDA ITEM # 16 DATE: DECEMBER 26, 2001 1 ? 0 1 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH 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 ISSUE Should the City Council approve an agreement between the City of Pueblo and the Frontier Pathways Scenic and Historic Byways, Inc. to hire a part-time coordinator and perform certain tasks and authorizing the President of Council to execute same? RECOMMENDATION Approval of the Resolution. BACKGROUND The Byways Board has received a four -year grant from the Colorado Department of Transportation, Enhancement Program, TEA -21 to hire a coordinator to implement their Corridor Management Plan. The first year grant in 2001 has been substantially completed which required the City and County to contributed a total of $15,700 for the local match. The 2002 grant requires a match of $14,000. The Board is requesting that the City and the County provide the local match for their $14,000 grant and include the individual as a part-time position within the Department of Community Development. The City's share of the match is $7,000 and will come from the Fiscal Year 2002 Community Development Department budget. The County's share will be included in the County's Park Planning and Design Letter of Understanding. This letter identifies those park projects for which the City performs planning activity tasks and is reimbursed by the County Planning Department. The following is a list of Program Services completed in 2001: 1. Held meetings in the City and County to introduce the Nationally designated Byway and identify projects. Organizations contacted include the Pueblo Downtown Association, the Bessemer Historical Society, the Greater Pueblo Chamber and others. Monitoring of the Spanish Street Sign Project in South Pueblo was also included in the program services. 2. Monitored the development of the Byways Information Center portion of the New El Pueblo Museum: and 3. Developed an inventory of documents and information of historic sites related to Arthur Carhart, Pueblo, and the involvement of the nation's early U.S. Forest Service /community recreational planning efforts. The following is a list of Program Services for the year 2002: 1. Build on the work performed in 2001 and continue to arrange and conduct a series of meetings to a variety of organizations to educate and promote the Byway. Identify new projects consistent with the Byways Management Plan and incorporate these projects into the City of Pueblo's planning goals. Support through grants and in -kind City projects. Identify community and economic development opportunities for project assistance. 2. Work closely with the City and State Historical Society to ensure the Byway Information Center and associated elements in the new El Pueblo Museum are planned, designed, and built within the $337,000 budget. Ensure the interior and exterior exhibits such as, the Carhart mountain community shelter re- construction are constructed to plan. 3. Work with the City to identify, preserve, and stabilize historic structures related to early recreational planning, particularly those built during the "New Deal" era in the 1930's, a unique architectural heritage. Work with the U. S. Forest Service, and other groups to develop Pueblo as a the "hub" and heritage area encompassing the City, Pueblo Mountain Park, Rye Mountain Park, and the Saint Charles District of the San Isabel National Forest. 4. Work with Pueblo neighborhood groups to identify and fund projects that will enhance neighborhood character and intrinsic property values: streetscaping, interpretive signage, and improvements to parks, etc. Two such projects include the Goodnight Barn and State Highway 96 Gateway Improvement Project and the Pueblo Loop Tour Booklet. FINANCIAL IMPACT Funds in the amount of $7,000 are already available from the FY 2002 Department of Community Development budget. Contract Between the City of Pueblo and the Frontier Pathways Scenic & Historic Byway, Inc. This Contract, entered into as of December 26, 2001, by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as the "City "); and FRONTIER PATHWAYS SCENIC AND HISTORIC BYWAY PO 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 2002 wherein required City funds in the amount of $7,000 will be authorized to be expended from the Department of Community Development's Year 2002 Budget Appropriation in connection with the City's obligation under this Contract; 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 at 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. 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: 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 Build on the work performed in 2001 and continue to arrange and conduct a series of meetings to a variety of organizations to educate and promote the Byway. Identify new projects that are consistent with the Byway Corridor Management Plan and incorporate these projects into the City of Pueblo's planning goals. Support through grants and in -kind City projects. Identify community and economic development opportunities for project assistance. Provide day -to -day liaison with the Byway management team. 2. Work closely with the City and State Historical Society to ensure the Byway Information Center and associated elements in the El Pueblo Museum are planned, designed, and built within the $337,000 budget. Ensure the interior and exterior exhibits such as, the Carhart mountai community shelter re- construction are constructed to plan. 3. Work with the City to identify, preserve, and stabilize historic structures related to early recreational planning; particularly those built during the "New Deal" erain the 1930's, a unique architectural heritage. Work with the U.S. Forest Service, and other groups to develop Pueblo as a hub and heritage area encompassing the City, Pueblo Mountain Park, Rye Mountain Park, and the Saint Charles District of the San Isabel National Forest. 4. Work with Pueblo Neighborhood groups to identify and fund projects that will enhance neighborhood character and intrinsic property values: streetscaping, interpretive signage, andimprovements to parks, ect. Two such projects include the Goodnight Barn and State Highway 96 Gateway Improvement Project and the Pueblo Loop Tour Booklet. B. Time of Performance The services of the Contractor are to commence as soon as practicable after January 1, 2002, 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 provided are of an on -going nature, but the following products will be completed and presented to the Byway management team and to City's Director of Community Development. (1) A quarterly written summary of neighborhood, governmental, nonprofit organization, and private sector meetings held during the term of this Contract; (2) A quarterly written summary and management spreadsheet of the outcomes and initiatives resulting from these meetings including new and on -going projects involving the Byway and the status of each project, and (3) A written summary of sub -items 1 and 2 above for the Contract year, due no later than December 31, 2002. C. Renewal/Extension of Contract The parties to this Contract agree that the services described hereunder are of an on -going nature, or are multi -year services. In recognition of this fact, it is understood that, subject to appropriation of funds for any subsequent fiscal year or inadequate performance by the Contractor, the parties hereby express their non - binding performance by the Contractor, the parties hereby express their non - binding intent to extend this Contract for each of the fiscal years: 2003 and 2004. Notwithstanding the above, nothing will preclude the parties from not extending the term of this Contract for any reason, or from amending or canceling this Contract at any time, as provided in Section H and J hereunder. 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 subsections 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 in the Department of Community Development who is a Senior Planner at a step level consistent with Civil Service Provisions of the City. The employee will work an intermittent schedule. The employee will submit regular time and attendance reports to the Director of Community Development, and will be compensated each month from the budget of the Department of Community Development for those hours approved by the Department Director. Reimbursable expenses will also be submitted to the Department Director for approval. 3. The Director of Community Development will designate the City employee, except that the Director agrees to consult with the Contractor before a final designate of an employee is made. 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 and reimbursable expenses in accordance with the Budget, Attachment A, upon submission of periodic invoices for reimbursement to the Contractor, provided that such invoices shall not be submitted more frequently than quarterly. Contractor shall pay invoices within thirty (30) 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 ( "Grants "). The funds to be used for the services encompassed by this Contract are primarily from the Federal Highway Administration. These federal 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 Anti- discrimination 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 any Grant. G. Assignments This Contract is not assignable in whole or in part without the prior written consent of both parties hereto. IN WITNESS WBEREOF, the City and the Contractor has executed this Contract as of the date first above written. ATTEST: CITY OF PUEBLO, A CIPAL RPORATION By: By City k Pr si nt of City Council ATTEST: APPROVED AS TO FORM: CONTRACTOR, FRONTIER PATHWAYS SCENIC & HISTORIC BYWAY, INC. By Chair, B d of Directors APPROVED AS TO CONTENT: , Community Development ATTACHMENT A BUDGET 2002 City of Pueblo $ 7,000 County of Pueblo $ 7,000 Byways $14 Total Cash $28,000 Byways In -Kind Expenses: Archival research and meetings in Washington D.C. $ 2,500 Office space rental Total In -Kind $ 4,800 $ 7,300 Total Project $35,300