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HomeMy WebLinkAbout10897RESOLUTION NO. 10897 A RESOLUTION APPROVING THE FY 2007 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 #5561 Region 07 /Community Development Services '07 on December 14, 2006. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The 2007 Delegation Agreement between the City of Pueblo, a Municipal Corporation, and the Pueblo Area Council of Governments for EIAF #5561 Region 07 /Community Development Services '07, 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 26, 2006 BY Randy Thurston Councilperson APPROVED: President of Cit Council ATTESTED BY: CITY CLERK O il Background Paper for Proposed RESOLUTION AGENDA ITEM # 9 DATE: DECEMBER 26, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENTMIM MUNCH TITLE A RESOLUTION APPROVING THE FY 2007 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. ISSUE Should the City of Pueblo enter into a Delegation Agreement with PACOG to perform the Scope of Work within Energy Impact Assistance Fund (EIAF) Contract #5561 Region 07 /Community Development Services '07? Approve the Resolution. The Pueblo Area Council of Governments is the recipient of the 2007 DOLA Technical Assistance Contract for State Planning Region 07. The Pueblo Area Council of Governments has no staff, and through separate delegation agreements, contract with the City and the County to provide PACOG services. The County provides regional planning and Area Agency on Aging services. The City provides technical assistance under the DOLA contract and urban transportation planning services. For the City Planning Department to continue to provide these services, the City and PACOG must enter into the delegation agreement. PACOG approved the delegation agreement at their December 14, 2006 meeting. The Scope of Work is included as Exhibit A to the contract and includes the following activities: a. 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, especially the smaller communities in Region 7, 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. FINANCIAL IMPACT The staff of the Planning Department will provide services under the contract. The total contract is $60,000. PACOG's match for the contract, $30,000, was budgeted and appropriated at their December 14, 2006 meeting. The City will be reimbursed on a quarterly basis. DELEGATION AGREEMENT FOR EIAF #5561 REGION 07/ COMMUNITY DEVELOPMENT SERVICES '07 THIS AGREEMENT ( "Agreement ") is made and entered into this 26th day of December , 20 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 has entered into Contract EIAF #5561 — Region 07 Community Development '07 with the State of Colorado for the use and benefit of the Department of Local Affairs which is attached hereto as Exhibit "A" and incorporated herein ( "DOLA Contract "); and WHEREAS, the City has the authority, capacity, and ability 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 07 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 perform all functions and services in accordance with the regulatory requirements set forth in the DOLA Contract. 1 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, 2007 to December 31, 2007, 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 2 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'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 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. 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. 8. CITY RECORDS. City shall maintain records as to services provided, and reimbursable 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 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 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 and DOLA 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 DOLA's, PACOG's and other applicable monitoring and evaluation criteria 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 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 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 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. sea. 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 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. City shall comply with the Special Provisions of the DOLA Contract. 4 14. ENTIRE AGREEMENT: AMEND 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. 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. ATTEST: PUEBLO AREA COUNCIL OF GOVERNMENTS � I' _�! _ _ i Chairman ATTEST: CITY OF PUEBLO By City Ctork President of City Council 5