Loading...
HomeMy WebLinkAbout10089RESOLUTION NO. 10089 A RESOLUTION APPROVING A SUBDELEGATION AGREEMENT BETWEEN THE PUEBLO AREA COUNCIL OF GOVERNMENTS AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR TRANSPORTATION PLANNING AND IMPROVEMENT SERVICES AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement For Transportation Planning and Improvement Services dated February 26, 2004, between the Pueblo Area Council of Governments (PACOG) and the City of Pueblo, a Municipal Corporation, to provide certain transportation and planning services, a copy of which is attached and incorporated, 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 said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest to the same. INTRODUCED March 22, 2004 BY Michael Occhiato /� Councilperson APPROVED: r''�1 PRESI ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK /& 0 - -tt I OoEq Background Paper for Proposed Resolution AGENDA ITEM # 1(p DATE: March 22, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT/ JIM MUNCH PLANNING DEPARTMENT/ CATHY GREEN r r�� A RESOLUTION APPROVING A SUBDELEGATION AGREEMENT BETWEEN THE PUEBLO AREA COUNCIL OF GOVERNMENTS AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR TRANSPORTATION PLANNING AND IMPROVEMENT SERVICES AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME ISSUE Updated and revised sub - delegation agreement between PACOG and the City for Transportation Planning Services as specified in the annual Uniform Planning Work Program (UPWP) RECOMMENDATION Approve the Resolution for the sub - delegation agreement dated February 26, 2004 for the current year. BACKGROUND Resolution is self -explanatory. FINANCIAL IMPACT PACOG will pay the City up to $410,489 for 2004 UPWP (as amended) services and $25,000 for Transportation Planning Region services, including federal and local carryover funds from previous fiscal years. PACOG will continue to provide the carryover of local matching funds for these programs from FY 2003 and prior years with a reduced local share requirement for 2004. AGREEMENT FOR TRANSPORTATION PLANNING AND IMPROVEMENT SERVICES THIS AGREEMENT ( "Agreement ") is made and entered into this 1 st 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' . WITNESSETH THAT: WHEREAS, the PACOG serves as the Metropolitan Planning Organization, the Transportation Planning Region for Pueblo County, and the coordinating agency for the Frontier Pathway Scenic and Historic Byway; WHEREAS, the PACOG is eligible to receive funds to perform the work tasks for these activities and has entered into one or more agreements with the State of Colorado and /or the U.S. Department of Transportation for transportation planning and improvement projects whereby funding may be made available to the PACOG under provisions of said agreements, and statutes, laws and regulations referenced in said agreements; and WHEREAS, the City has the authority, capacity, and ability to undertake transportation 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 aforesaid agreements through the Urban Transportation Planning Division of 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 such consultants or contractors selected by PACOG in accordance with the regulations and policies of the Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FHWA), 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 Work Tasks attached hereto as Exhibit "A" and incorporated herein by reference, in full compliance with all provisions of this Agreement. 1 (b) City represents that it: (i) has the requisite authority and capacity to perform the services and work contemplated in Exhibit "A "; (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 perform all functions and services in accordance with the regulatory requirements set forth in 23 CFR Parts 420 and 450 and 49 CFR Part 18 and those identified in Exhibit "C" hereto. 2. RESPONS IBILITIES 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 program. In the absence of such a designation, the City Manager and the Pueblo County Attorney, 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 Work Tasks. 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 Exhibit "C" 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 Transportation and local matches sufficient funds 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 Exhibit "C" hereto and those set forth in 49 CFR Part 18, as presently promulgated and as same may be revised from time to time in the future, all other terms of this Agreement, and any special provisions in the Work Tasks. 2 (c) PACOG shall pay to City for services covered by the Work Tasks — Exhibit "A ", a sum not to exceed the amounts identified in Exhibit A computed in accordance with the budget and rates set forth in Exhibit "B" attached hereto. (d) In the event PACOG requests or authorizes work beyond or in addition to that set forth in the Work Tasks — Exhibit "A ", PACOG shall pay additional compensation to the City. The amount of such additional compensation shall be negotiated, but in the event the parties fail to negotiate or are unable to agree regarding compensation, City shall be compensated for staff time and its costs at the rate set forth in Exhibit "B" and for the work of subcontractors and consultants in an amount equal to the reasonable actual cost to City. 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. TERMINAT 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 hearing has been afforded. If a hearing is requested, it shall be held before the PACOG's governing body at a regular or special meeting of same whose decision shall be final. The determination of the PACOG 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) For Convenience. This Agreement may be terminated for convenience in accordance with the provisions of 49 CFR 18.44. 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 the financial assistance or grant funds by PACOG. (c) Post Termination Procedures. In the event of termination, City shall cease further work and the City shall be entitled to receive just and equitable compensation for satisfactory work performed through the date of termination for which compensation has not previously been paid nor reimbursement made. 6. ASSIGNABILITY. This Agreement shall not be assigned or transferred by either party without the prior 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. 3 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, during their tenure and for one year thereafter. City shall avoid all conflicts of interest which are prohibited by applicable federal regulations, if any, including but not limited to those set forth in 49 CFR 18/36(b)(3) as presently promulgated and as same may be revised from time to time in the future. 8. CITY RECORDS. City shall maintain records as to services provided, and reimbursable expenses incurred in performing the Work Tasks 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 CDOT and FHWA. 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 attached as Exhibit "C" hereto which are made a part of this Agreement. The PACOG, the Colorado Department of Transportation, the Comptroller General of the United States, the Inspector General of the U.S. Department of Transportation, and any of their authorized representatives, shall have the right to inspect and copy, during 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 shall have the right 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 HUD's, CDOT's, FHWA's, PACOG's and other applicable monitoring and evaluation criteria and standards. The PACOG may quarterly review the City's performance using on -site visits, progress reports required to be submitted by the City, audit findings, disbursement transactions and contact with the City as necessary. If requested, the City shall furnish to the PACOG quarterly program and financial reports of its activities in such form and manner as may be requested by the PACOG. City shall fully cooperate with PACOG relating to such monitoring and evaluation. 10. CITY FILES AND INFORMATION REPORTS. 4 The City 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, if any. These records shall be retained by the City for a period of three years after the completion of the Work Tasks. 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 part, in conjunction with or arising 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. se g. City shall provide and maintain Workers' Compensation insurance coverage or self- insurance on its employees complying with the requirements of State law. 13. SPECIAL REQUIREMENTS APPLICABLE TO IMPROVEMENTS TO PROPERTY. (a) In addition to all procurement requirements otherwise applicable to City pursuant to any other provision of this Agreement or pursuant to any Requirement of law or regulation incorporated in this Agreement by reference, if any portion of the funds provided to City under this Agreement is to be used for making improvements to real property, including new construction, rehabilitation, or remodeling, then in such event City shall comply with all requirements of this Paragraph 13. (b) No improvements shall be undertaken to real property with funds (or reimbursement) provided hereunder unless and until: (i) plans and specifications therefore have been prepared by either a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado or an Architect duly licensed and authorized to conduct a practice of architecture in the state of Colorado; and (ii) all construction contracts for improvements for _ 5 which payment is sought from PACOG shall have been awarded only after an open, competitive bidding process which allows qualified contractors to reasonably participate. (c) If this Paragraph 13 is applicable, no disbursement of funds to City shall be made by PACOG hereunder unless and until all conditions precedent to payment specified elsewhere in this Agreement have been satisfied and City files with PACOG's designated representative a written request for payment signed by an architect, engineer, or an officer of City that certifies (i) that the amounts included in the request for payment have not been included in any prior request for payment, and (ii) that the improvements listed therein for which payment is sought have been completed in accordance with the approved plans and specifications therefor. (d) In every contract for construction of improvements for which payment or reimbursement from PACOG is to be provided under this Agreement, City shall include a contract clause or clauses, requiring the contractor, and all of the contractor's subcontracts of all tiers, to comply with the applicable requirements of the Davis -Bacon Act and implementing regulations, and to pay all laborers and mechanics engaged in work upon the improvements at the prevailing wage rates for such work as determined by the U.S. Department of Labor. 14. 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 origin, 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 origin, disability or age. 15. ENTIRE AGREEMENT; AMENDMENTS. The provisions set forth in this Agreement, and all Exhibits and attachments to this Agreement, constitute the entire and complete agreement 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. 16. 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. ATTEST: PUEBLO AREA COUNCIL OF GOVERNMENTS aL B Secretary Chairperson ATTEST: CITY OF PUEBLO By S e ry Preside , Pueblo City Council Randy urston 7