HomeMy WebLinkAbout10019RESOLUTION NO, 10019
A RESOLUTION APPROVING THE FY 2004 DELEGATION AGREEMENT BETWEEN THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO AREA COUNCIL OF
GOVERNMENTS AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the Pueblo Area Council of Governments approved the Delegation Agreement
between the Pueblo Area Council of Governments and the City of Pueblo for EIAF #4571 Region
07/Community Development Services '04 on December 4, 2003.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The 2004 Delegation Agreement between the City of Pueblo, a Municipal Corporation, and
the Pueblo Area Council of Governments for EIAF #4571 Region 07/Community Development
Services '04, 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 City Council is hereby authorized to execute said Delegation Agreement
on behalf of the City.
INTRODUCED December 22, 2003
BY Al Gurule/Councilperson
APPROVED: Bill Sova/President of City Council
ATTEST: Gina Dutcher/City Clerk
DELEGATION AGREEMENT FOR EIAF #4571 - REGION 071 COMMUNITY
DEVELOPMENT '04 SERVICES
THIS AGREEMENT ("Agreement') is made and entered into this 1st day
of January, 2004, by and between the Pueblo Area Council of Governments,
hereinafter referred to as "PACOG' and the City of Pueblo, a Municipal
Corporation, hereinafter referred to as the "City'.
WlTNESSETH THAT:
WHEREAS, the PACOG has entered into Contract EIAF #4751 - Region
07 Community Development '04 with the State of Colorado for the use and
benefit of the Department of Local Affairs which is attached hereto as Exhibit
and incorporated herein ("DOLA Contract'); and
WHEREAS, the City has the authority, capacity, and ability to foster
coordination and assistance in management, planning and intergovemmental
relations associated with general purpose government and energy/mineral
impact activities within State Planning and Management Region 7 planning and
improvement projects; and
WHEREAS, the PACOG desires to contract with City to provides services,
activities and project execution required of PACOG under the DOLA Contract
through the City's Department of Planning, and others;
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. WORK TASKS; RESPONSIBILITIES OF CITY
(a) City agrees to satisfactorily perform and complete, using its own
employees or consultants or contractors, the planning 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 to the DOLA Contract ("Scope of Services") in full compliance
with all provisions of this Agreement and DOLA Contract.
(b) City represents that it: (i) has the requisite authority and capacity to
perform the services and work contemplated in the Scope of Services; (ii) that it
is a home rule city and political subdivision of the State of Colorado; and (iii) that
it is fully aware of and understands its duty to performc all functions and services
in accordance with the regulatory requirements set forth in the DOLA Contract.
2. RESPONSIBILITIES OF THE PACOG
The PACOG shall designate a representative of the PACOG who will be
authorized to make all necessary decisions required of the PACOG on behalf of
the PACOG in connection with the performance of this Agreement and the
disbursement of funds in connection with the DOLA Contract. In the absence of
such a designation, the PACOG's co-executive directors, acting jointly, shall be
deemed as PACOG's authorized representative.
3. CITY'S COMPENSATION AND METHOD OF PAYMENT
(a) The PACOG will pay to City 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 City under this Agreement which is within the
Scope of Services. Payment of funds to City is subject to the following
requirements, which shall be conditions precedent to payment: (i) that City has
expended staff time for eligible activities or has obligated or expended funds for
eligible approved expenditures, (ii) that City is not in default of any material
provisions of this Agreement nor applicable law or regulation, (iii) that City has
submitted requests for payment or reimbursement detailing the eligible payment
or reimbursement items, (iv) that, if required by the terms or conditions of an
applicable financial assistance agreement, City has certified with each payment
or reimbursement request compliance with the requirements identified in the
DOLA Contract and that all staff time and obligations or expenditures for which
payment is sought were made for and in furtherance of an approved project or
work and are an eligible use of assistance under the law and regulations
applicable to such assistance, and (v) that PACOG has timely received from the
Colorado Department of Local Affairs and City matching funds sufficient to make
the payment or reimbursement hereunder.
(b) Payment hereunder is also subject to and may only be disbursed in
accordance with applicable regulations including but not limited to those
contained in the DOLA Contract, all other terms of this Agreement, and any
special provisions in the Scope of Services.
(c) PACOG shall pay to City for services covered by the Scope of
Services, a sum not to exceed the amounts identified in the Scope of Services
computed in accordance with the budget and rates set forth in the Scope of
Services.
4. TERM OF AGREEMENT.
The term of this Agreement shall be from January 1, 2004 to December
31, 2004 unless sooner terminated as herein provided.
5. TERMINATION OF AGREEMENT.
(a) For Cause. This Agreement may be terminated by PACOG for
cause, including any nonperformance by the City, upon thirty (30) days written
notice to City including a statement of the reasons therefore, and after an
opportunity for a haadng has been afforded. If a headng is requested, it shall be
held before the PACOG's goveming body at a regular or special meeting of same
whose decision shall be final. The determination of the PACOG's governing
body as to the cause of termination and the appropriateness thereof shall be final
and binding upon both PACOG and the City. Cause for termination shall mean
any material failure by City to comply with any term of this Agreement.
(b) Other Termination. 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 the financial assistance or grant funds by PACOG under the DOLA
Contract.
6. ASSIGNABILITY.
This Agreement shall not be assigned or transferred by either party
without the pdor written consent of the other party. Any assignment or attempted
assignment made in violation of this provision shall, at the non-assigning party's
election, be deemed void and of no effect whatsoever.
7. CONFLICT OF INTEREST.
The City certifies that neither it nor any members of its City Council,
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 thereto, nor
the proceeds thereunder, either for themselves or for those with whom they have
family or business ties, dudng their tenure and for one year thereafter.
8. CITY RECORDS.
City shall maintain records as to services provided, and reimbursable
expenses incun'ed 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 PACOG's auditor and acceptable to DOLA. The
City agrees to comply with all applicable uniform administrative requirements
described or referenced in applicable state or federal regulations, including those
set forth in the DOLA Contract which is made a part of this Agreement. The
PACOG, the State, through the Executive Director of the Department, the State
Auditor, the Department of Transportation, and any of their authorized
representatives, shall have the dght to inspect and copy, dudng reasonable
business hours, all books, documents, papers and records of the City which
relate to this Agreement for the purpose of making an audit or examination.
Upon completion of the work and end of the term of this Agreement, the PACOG
may require that a copy of all of City's financial records relating to this Agreement
to be turned over to PACOG.
9. MONITORING AND EVALUATION.
The PACOG and DOLA shall have the dght to monitor and evaluate the
progress and performance of the City to assure that the terms of this Agreement
are being satisfactorily fulfilled in accordance with DOLA's, PACOG's and other
applicable monitoring and evaluation criteda and standards. City shall fully
cooperate with PACOG and DOLA relating to such monitoring and evaluation.
10. CITY FILES AND INFORMATION REPORTS.
The City shall maintain files containing information which shall dearly
document all activities performed in conjunction with this Agreement, including,
but not limited to, financial transactions, conformance with assurances, activity
reports, and program income, if any. These records shall be retained by the City
for a period of three years after the completion of the Scope of Services.
11. INDEPENDENCE OF CITY.
Nothing herein contained nor the relationship of City to PACOG, which
relationship is expressly declared to be that of an independent contractor, shall
make or be construed to make City or any of City's agents or employees the
agents or employees of the PACOG. City shall be solely and entirely responsible
for its acts and the acts of its agents, employees and subcontractors.
12. LIABILITY: INSURANCE.
As to the PACOG, City agrees to assume the risk of all personal injury,
including death and bodily injury, and damage to and destruction of property,
including the loss of use therefrom, caused by or sustained, in whole or in pert, in
conjunction with or adsing out of the performance or nonperformance of this
Agreement by City or by the conditions created thereby; provided, however, that
nothing in this paragraph is intended, nor should it be construed, to create or
extend any right, claims or benefits or assume any liability for or on behalf of any
third party, or to waive any immunities or limitations otherwise conferred under or
by virtue of federal or state law, including but not limited to the Colorado
Governmental Immunity Act, C.R.S. 24-10-101, et. seq. City shall provide and
maintain Workers' Compensation insurance coverage or self-insurance on its
employees complying with the requirements of State law.
13. EQUAL EMPLOYMENT OPPORTUNITY.
In connection with the performance of this Agreement, City shall not
discriminate against any employee or applicant for employment because of race,
color, religion, sex, national odgin, disability or age. City shall endeavor to insure
that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, national odgin, disability
or age. City shall comply with the Special Provisions of the DOLA Contract.
14. ENTIRE AGREEMENT; AMENDMENTS.
The provisions set forth in this Agreement and all Exhibits and
attachments to this Agreement, constitute the entire and complete agrccment of
the parties hereto and supersede all prior written and oral agreements,
understandings or representations related thereto. No amendment 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 City and PACOG.
15. SIGNATURES.
The persons signing this Agreement on behalf of each party represent and
warrant that such persons and their respective party have the requisite power
and authority to enter into, execute and deliver this Agreement and this
Agreement is a valid and legally binding obligation of such party enforceable
against it in accordance with its terms.
IN WITNESS WHEREOF, the City and the PACOG have executed this
Agreement as of the date first above written and under the laws of the State of
Colorado.
A'I-rEST:
'secretary
PUEBLO AREA COUNCIL OF GOVERNMENTS
ATTEST:
Sec~tary
CITY OF PU~
By preside(nt,__p~ro c'tY Council