HomeMy WebLinkAbout11181RESOLUTION NO. 11181
A RESOLUTION APPROVING THE FY 2008 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
#6045 Region 07 /Community Development Services '08 on December 6, 2007.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The 2008 Delegation Agreement between the City of Pueblo, a Municipal Corporation,
and the Pueblo Area Council of Governments for EIAF #6045 Region 07 /Community
Development Services '08, 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 31, 2007
ATTESTED BY
APPROVED:
ESID NTof City Council
CITY CLERK
Randy Thurston
Councilperson
s
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # g
DATE: DECEMBER 31, 2007
DEPARTMENT: JERRY M. PACHECO, ASSISTANT CITY MANAGER FOR
COMMUNITY DEVELOPMENT
TITLE
A RESOLUTION APPROVING THE FY 2008 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 #6045
Region 07 /Community Development Services'08?
RECOMMENDATION
Approve the Resolution.
BACKGROUND
The Pueblo Area Council of Governments is the recipient of the 2008 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 6, 2007 meeting.
The Scope of Work is included as Exhibit A to the contract and includes the following
activities:
a. Provide planning services to strengthen the communities and neighborhoods
surrounding the steel mill;
b. Assist in planning and implementation of community development projects that
promote the economic repositioning of the region's communities;
c. Assist in the acquisition of former CF &I resources that can be publicly developed
for community development benefits; and
d. Provide project- specific assistance to local government in Pueblo County to
assist with community development.
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 approved at their
December 6, 2007 meeting. The City will be reimbursed on a quarterly basis.
DELEGATION AGREEMENT FOR EIAF #6045
REGION 07/ COMMUNITY DEVELOPMENT SERVICES '08
THIS AGREEMENT ( "Agreement ") is made and entered into this e3 day of
ember , 20 UT 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 #6045 — Region 07
Community Development '08 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.
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2. RESPONSIBILITIES OF THE PA
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, 2008 to December 31,
2008, 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
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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.
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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. 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. 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.
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14. ENTIRE AGREEMENT: AMENDMEN
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
L Q�
Secretary r ♦
ATTEST: CITY OF PUEBLO
BY Q u ' d ' - _ aa/L'
City lark Pr ident Of City Council