Loading...
HomeMy WebLinkAbout09482RESOLUTION NO. 9482 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE BESSEMER HISTORICAL SOCIETY, A COLORADO NONPROFIT CORPORATION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has entered into a Contract with the Colorado Department of Local Affairs EIAF No. 4155, for the purpose of the financing of the Contract expenses associated with the procurement of Public Administrative Intern Services for the Bessemer Neighborhood of the City of Pueblo, Colorado. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: CF(`TTn 1 The Contract between Pueblo, a Municipal Corporation, and the Bessemer Historical Society, a Colorado Nonprofit Corporation, in the amount of $31,000 to provide public administrative intern services for the Bessemer Neighborhood, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney is hereby approved. 4FCTTnN '? 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. Funding for this Contract will be provided from the following sources: EIAF Contract No. 4155 -- $26,000; 2001 CDBG Funds — Fund 250, Account No. CD -D125 (Neighborhood Planner) -- $5,000. INTRODUCED: _January 14, 2002 BY: Al Gur 1 e C CIL PERSON / ia A APPROVED: l ATTESTED BY: P IDENT OF CITY CITY LERK Background Paper for Proposed RESOLUTION AGENDA ITEM # i DATE: JANUARY 14, 2002 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE BESSEMER HISTORICAL SOCIETY, A COLORADO NONPROFIT CORPORATION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Shall the City Council enter into an agreement with the Bessemer Historical Society (BHS) to provide public administrative services for the Bessemer Neighborhood as identified within Exhibit A, Scope of Services, of the attached Contract. RECOMMENDATION Approval of the Agreement. BACKGROUND The City of Pueblo has been offered a Financial Assistance Grant from the Department of Local Affairs to fund the hiring of an intern through the University at Colorado at Denver, Best and Brightest Internship Program for the purpose of supporting the administrative needs of the Bessemer Neighborhood Partnership. The Partnership is composed of the City of Pueblo, Pueblo County, the Department of Local Affairs, the Bessemer Neighborhood Association, Minnequa Redevelopment Corporation, and the Bessemer Historical Society. Of the Bessemer Neighborhood Partners, only the Bessemer Historical Society is a legal entity and therefore, has the ability to enter into an agreement with the City to provide these services. BHS has entered into a memorandum of understanding with the other partners to perform this service. It is the responsibility of BHS under the attached Subrecepient Contract to employ the intern and pay all eligible expenses and to work with the City and the Partnership to develop an administrative service agreement, including a descriptive work program; and to set priorities and schedule work to be accomplished under the service agreement. 1 FINANCIAL IMPACT The Contract with the Bessemer Historical Society will be for $31,000. Of this amount $26,000 will come from the EIAF No. 4155 Pueblo Administrative Intern Contract with the Department of Local Affairs, and $5,000 will come from the unexpended funds budgeted within the 2001 Community Development Block Grant Program for Neighborhood Planning. Any operating expenses incurred above the $31,000 will be the responsibility of the Bessemer Historical Society. The Intern will be housed within an office in the Bessemer Academy, and a computer will be provided by DOLA. The City will incur certain expenses in administering the Contract. 2 (1/14/02) AGREEMENT FOR ADMINISTRATIVE INTERN (Subrecipient Agreement) (Non -profit entity) THIS AGREEMENT ( "Agreement ") is made and entered into this 2 "d day of January, 2002, by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to as the "City" and the Bessemer Historical Society, hereinafter referred to as the "Subrecipient ". WITNESSETH THAT: WHEREAS, the City has entered into a grant agreement with the U.S. Department of Housing and Urban Development ( "HUD ") whereby federal financial assistance may be made available to the City under Title I of the Housing and Community Development Act of 1974, as amended to date; and WHEREAS, the City has entered into a grant agreement, EIAF No. 4155, with the State of Colorado for the use and benefit of the Department of Local Affairs (DOLA) whereby financial assistance is made available to the City for work from Federal royalties received under provisions of the Federal Mineral Lands Leasing Act and distributed through the Local Government Mineral Impact Fund, 34 -63 -101 to 104, C.R.S., administered by the DOLA through the Energy and Mineral Impact Assistance program (EIAF Contract No. 4155); and WHEREAS, pursuant to EIAF Contract No. 4155, the City is undertaking certain activities necessary for the procurement of public administrative intern services for the Bessemer Neighborhood Partnership described in the Scope of Services; and WHEREAS, the City desires to disburse funds to the Subrecipient for the procurement of these services in connection with such undertaking of the City; and WHEREAS, Subrecipient has represented to the City that it is duly qualified, eligible and willing to undertake and provide services identified herein and in the Scope of Services attached hereto and acknowledges receipt of a copy of EIAF Contract No. 4155; and NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICES; RESPONSIBILITIES OF SUBRECIPIENT. (a) Subrecipient agrees to satisfactorily perform and complete all services and items of work, and furnish all labor and materials encompassed within or reasonably necessary to accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference, in full compliance with all provisions of this Agreement. (b) Subrecipient warrants and represents that it: (i) has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder; (ii) that it is duly organized as a non - profit organization under state law and is in good standing with the Secretary of State of Colorado; (iii) that it is fully aware of and understands its duty to perform all functions and services in accordance with the regulatory requirements of 24 CFR Part 570 and those identified in Exhibit "C" hereto; (iv) that it is accepting federal financial assistance hereunder subject to certain mandatory repayment provisions; and (v) that it is fully aware of and understands its duty to perform as Subrecipients all functions and services in accordance with the provision of Contract EIAF No. 4155. 2. RESPONSIBILITIES OF THE CITY. The City shall designate a representative, James F. Munch, Assistant City Manager for Community Development, of the City who will be authorized to make all necessary decisions required of the City on behalf of the City in connection with the performance of this Agreement and the disbursement of funds in connection with the program. 3. SUBRECIPIENTS COMPENSATION AND METHOD OF PAYMENT. (a) The City will pay to Subrecipient an amount up to that specified in subparagraph (c) of this paragraph as full compensation for all services and work to be performed or undertaken by Subrecipient under this Agreement and additionally provide to the Subrecipeint office furniture, (desk, chair, and file cabinet) necessary to carry out the work within the Scope of Services. Payment of funds to Subrecipient is subject to all of the following requirements, which shall be conditions precedent to advanced payment: (i) that Subrecipient will expend funds for eligible approved expenditures; (ii) that Subrecipient is not in default of any material provision of this Agreement nor applicable law or regulation; (iii) that Subrecipient has timely submitted requests for advance payment detailing the eligible payment items in a format approved by City; (iv) that Subrecipient has certified with each payment compliance with the requirements identified in Exhibit "C" and that all expenditures for which reimbursement is sought were made for and in furtherance of an approved project and are an eligible use of federal assistance under the Act and federal regulations, and under EIAF Contract No. 4155; and (v) that City has timely received from HUD and DOLA sufficient assistance to make the payment. (b) Payment hereunder is also subject to and may only be disbursed in accordance with applicable HUD regulations, including but not limited to those at 24 CFR Part 570, and DOLA regulations as presently promulgated and as same may be revised from time to time in the future, including all other terms of this Agreement and any special provisions in the Scope of Services. All payments received by Subrecipient hereunder are subject to repayment by Subrecipient as provided in 24 CFR Part 570, and City in EIAF Contract No. 4155. (c) The aggregate of all payments made hereunder shall not exceed $31,000 (U.S. $). Upon expiration of the term of this Agreement or upon any prior termination, Subrecipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. (d) Upon expiration of the terms of this Agreement or upon any prior termination, Subrecipient shall return to the City all office furniture provided to the Subrecipient to carry out the work within the Scope of Services. 2 4. TERM OF AGREEMENT The term of this Agreement shall be from January 1, 2002 to December 31, 2002 unless sooner terminated as herein provided. 5. TERMINATION OF AGREEMENT (a) For Cause. This Agreement may be terminated by City for cause, including any nonperformance by the Subrecipient, upon ten (10) days written notice to Subrecipient including a statement of the reasons therefore, and after an opportunity for a hearing has been afforded. If a hearing is requested, it shall be held before the City's Assistant City Manager for Community Development whose decision shall be final. The determination of the City as to the cause of termination and the appropriateness thereof shall be final and binding upon both City and Subrecipient. In accordance with 24 CFR 85.43, cause for termination shall include any material failure by Subrecipient to comply with any term of this Agreement. (b) For Convenience. This Agreement may be terminated for convenience in accordance with the provisions of 24 CFR 85.44. This Agreement shall automatically terminate at the end of its term as well as in the event of any suspension, reduction or non - receipt of Community Development Funds or Local Government Mineral Impact Funds by City. (c) Post Termination Procedures In the event of termination, all property acquired by Subrecipient with grant funds, all grant funds, program income, and loans originated with grant funds or by payments therefrom and payments received under such mortgage loans, held, owned or retained by the Subrecipient shall immediately become the sole and separate property of the City and the Subrecipient shall perform all acts and execute all instruments necessary to transfer and assign such property, funds, income, and mortgage loans to City. All finished or unfinished documents data, studies, reports, and work product prepared by the Subrecipient under this Agreement or with grant funds shall, at the option of the City, become City's property and the Subrecipient shall be entitled to receive just and equitable compensation only for satisfactory work completed for which compensation has not previously been paid nor reimbursement made. 6. ASSIGNABILITY. This Agreement shall not be assigned or transferred by the Subrecipient without the prior written consent of the City. Any assignment or attempted assignment made in violation of this provision shall, at City's election, be deemed void and of no effect whatsoever. No subcontract or transfer of this Agreement shall in any case release the Subrecipient of liability under this Agreement. 7. 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. 3 8. CONFLICT OF INTEREST. The Subrecipient certifies and warrants that neither it nor any members of its Boards of Directors, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities assisted pursuant to this Agreement, nor has an interest in any contract, subcontract or agreement with respect thereunto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. Subrecipient shall avoid all conflicts of interest which are prohibited by applicable federal regulations, including but not limited to those set forth in 24 CFR Part 570 as presently promulgated and as same may be revised from time to time in the future. The Subrecipient shall comply with the provisions of C.R.S. 18 -8 -308 and C.R.S. 24 -18 -101 through 24 -18 -109. 9. SUBRECIPIENT RECORDS. Subrecipient shall maintain records as to all services provided, expenses incurred in performing the Scope of Services and complete accounting records. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City's auditor. The Subrecipient agrees to comply with all applicable uniform administrative requirements described or referenced in 24 CFR 570.502. The Compliance Provisions attached as Exhibit "B" hereto are made a part of this Agreement and Subrecipient agrees to perform and comply with same. The (1) City, (2) HUD, and Comptroller General of the United States, the Inspector General of HUD and any of their authorized representatives, and (3) the State, through the Executive Director of the Department of Local Affairs, the State Auditor, or any of their duly authorized representatives, including the right to hire an independent Certified Public Accountant of the State's choosing who shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records of the Subrecipients which relate to this Agreement for the purpose of making an audit or examination. 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 of the expiration of this Agreement. Upon completion of the work and end of the term of this Agreement, the City may require all of Subrecipient's financial records relating to this Agreement to be turned over to City. 10. MONITORING AND EVALUATION. The City shall have the right to monitor and evaluate the progress and performance of the Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with HUD's, DOLA's, City's, and other applicable monitoring and evaluation criteria and standards. The City shall at least quarterly review the Subrecipient's performance using on -site visits, progress reports required to be submitted by the Subrecipient, audit findings disbursement transactions and contact with the Subrecipient as necessary. The Subrecipient shall furnish to the City quarterly work program and financial reports of its activities in such form and manner as may be requested by the City. Subrecipients shall fully cooperate with City relating to such monitoring and evaluation. L! 11. SUBRECIPIENT FILES AND INFORMATION REPORTS. The Subrecipient shall maintain files containing information, which shall clearly document all activities performed in conjunction with this Agreement, including, but not limited to, financial transactions, conformance with assurances, activity reports, and program income. These records shall be retained by the Subrecipient for a period of five (5) years after the completion of the project. Activity reports shall be submitted monthly or quarterly no later than the ninth day of the month following the end of the quarter for which the report is submitted. 12. INDEPENDENCE OF SUBRECIPIENT. Nothing herein contained nor the relationship of Subrecipient to City, which relationship is expressly declared to be that of an independent Subrecipient contractor, shall make or be construed to make Subrecipient or any of Subrecipient's agents or employees the agents or employees of the City. Subrecipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. Subrecipient 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 Subrecipient, its employees and agents. The Subrecipient is responsible for providing Worker's Compensation Coverage and Unemployment 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 City responsible for providing Worker's Compensation Coverage for any employees or subcontractors of Subrecipient pursuant to this Agreement, and Subrecipient agrees to indemnify the City for any costs for which the City may be found liable in this regard. 13. LIABILITY INSURANCE. As to the City, Subrecipient agrees to assume the risk of all personal injury, including death and bodily injury, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in conjunction with or arising out of the performance or nonperformance of this Agreement by Subrecipient or by the conditions created thereby. Subrecipient further agrees to identify and save harmless the City, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties and attorney fees arising from such injuries to persons or damages to property or based upon or arising out of the performance or nonperformance of this Agreement by Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule or regulation. (a) Subrecipient agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury, including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (c). 5 (b) The minimum insurance coverage which Subrecipient shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. 14. CERTIFICATIONS. The Subrecipient agrees to execute and abide by the certifications contained in Exhibit "C" hereto, which are hereby made a part of this Agreement. 15. PROGRAM INCOME; REVERSION OF ASSETS. (a) Unless otherwise authorized by City in writing, all program income shall be returned to City within thirty (30) days of receipt by Subrecipient. In the event City authorizes Subrecipient to retain any portion of program income, it shall only be used to accomplish the work set forth in the Scope of Services, and the amount of grant funds payable by City to Subrecipient shall be adjusted as provided by 24 CFR 570.504(b)(2)(j) and (ii). (b) Upon expiration of the term of this Agreement, or upon any prior termination, Subrecipient shall transfer to City any funds provided hereunder, which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. (c) In the event City incurs any cost or expense in enforcing the requirements of this paragraph 14 or in bringing any action to recover the property or amount of any repayment obligation, City shall be entitled to recover its costs and expenses, including reasonable attorney's fees. 16. NON - DISCRIMINATION The Subrecipient shall comply with all applicable state and federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non - discrimination on the basis of race, color, religion, national origin, age, handicap or sex. Subrecipient agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this Contract. Subrecipient may utilize the expertise of the State Minority Business Office of the Governor for assistance in complying with the non - discrimination and affirmative action requirements of this Contract and applicable statutes. 17. COMPLIANCE WITH APPLICABLE LAWS At all times during the performance of this Contract, the Subrecipient shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established. R 18. RECOGNITION OF HUD, DOLA, CITY. In all printed materials, project descriptions and other activities undertaken with funds provided under this Agreement, Subrecipient shall provide recognition that funds have been provided by U.S. Department of Housing and Urban Development, Department of Local Affairs, and the City of Pueblo. Recognition shall be accomplished by prominent disclosure of the role of HUD, DOLA, and City in all such printed materials and project signage, if any. 19. ENTIRE AGREEMENT; AMENDMENTS. The provisions set forth in this Agreement, and all Exhibits and attachments to this Agreement constitutes the entire and complete agreement of the parties hereto and supersedes all prior written and oral agreements, understanding or representations related thereto. No amendments or modification of this Agreement, and no waiver of any provision of this Agreement, shall be binding unless made in writing and executed by the duly authorized officers of both the Subrecipient and City. 20. SIGNATURES. The persons signing this Agreement on behalf of Subrecipient represent and warrant that such persons and Subrecipient have the requisite power and authority to enter into, execute and deliver this Agreement, and that this Agreement is a valid and legally binding obligation of Subrecipient enforceable against Subrecipient in accordance with its terms. IN WITNESSES WHEREOF, the Subrecipient and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. ATTEST: City t [SEAL] CITY OF PUEBLO, A MUNICIPAL CORPORATION BY: .'.a President of the City Council SUB RECIPIENT President of tq Bessemer Historical Society NAME: Cathy Garcia TITLE: President of Bessemer Historical President of Bessemer Historical Societe II