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HomeMy WebLinkAbout08398ORDINANCE NO. 8398 AN ORDINANCE APPROVING A DELEGATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO AREA COUNCIL OF GOVERNMENTS FOR TRANSPORTATION PLANNING AND IMPROVEMENT SERVICES, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Transportation Planning and Improvement Services effective January 1, 2012, 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. SECTION 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED October 11, 2011 BY: Judy Weaver COUNCILPERSON PASSED AND APPROVED: October 24, 2011 Background Paper for Proposed ORDINANCE DATE: OCTOBER 11, 2011 AGENDA ITEM # R-4 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING A DELEGATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO AREA COUNCIL OF GOVERNMENTS FOR TRANSPORTATION PLANNING AND IMPROVEMENT SERVICES, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City approve the annual Delegation Agreement between the Pueblo Area Council of Governments (PACOG) and the City of Pueblo for Transportation Planning Services as specified in the bi-annual Uniform Planning Work Program (UPWP)? RECOMMENDATION Approve the FY2012 Delegation Agreement Ordinance as adopted by PACOG Resolution 2011-018 dated September 22, 2011. BACKGROUND This Ordinance approves the annual Delegation Agreement for Transportation Planning and Services between the Pueblo Area Council of Governments and the City of Pueblo. The Agreement establishes the responsibilities of the City of Pueblo and the PACOG for the implementation of the tasks in the FY12 UPWP, adopted by PACOG on August 25, 2011. The 2012 Delegation Agreement was approved by the PACOG Board by unanimous consent at their September 22, 2011 meeting. FINANCIAL IMPACT PACOG will pay the City up to $503,501 for 2012 UPWP and Rural Transportation Planning services, including all federal and local carryover funds from previous fiscal years subject to PACOG approval of the CY 2012 UPWP Budget. AGREEMENT FOR TRANSPORTATION PLANNING AND IMPROVEMENT SERVICES FOR 2012 THIS AGREEMENT ("Agreement') is made and entered into effective the 1st day of January, 2012, 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 "CITY" WITNESSETH THAT WHEREAS, PACOG serves as the Metropolitan Planning Organization (MPO) for the Pueblo Urban Area, and the Transportation Planning Region (TPR) for all of Pueblo County, WHEREAS, 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 PACOG under provisions of said agreements, and statutes, laws and regulations referenced in said agreements, and WHEREAS, CITY has the authority, capacity, and ability to undertake such transportation planning and improvement projects, and WHEREAS, PACOG desires to contract with CITY to provide services, activities, and project execution required of PACOG under the aforesaid agreements through the Urban Transportation Planning Division (UTPD) of the CITY Department of Planning and Community Development, 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 FY 2012 -13 Unified Planning Work Program (UPWP) adopted by PACOG Resolution 2011 -013 on August 25, 2011, incorporated herein by reference, in full compliance with all provisions of this Agreement. (b) CITY represents that it: (i) has the requisite authority and capacity to perform the services and work contemplated in the FY 2012 -13 UPWP and, (ii) that it is a home rule city and political subdivision of the State of Colorado, and (iii) that it is fully 1 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 the Memorandum of Agreement (MOA) adopted by PACOG Resolution on September 28, 2006 and incorporated herein by reference, in full compliance with all the provisions of this Agreement. 2 RESPONSIBILITIES OF PACOG PACOG shall designate a representative who will be authorized to make all necessary decisions required of PACOG on behalf of 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) 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 FY 2012 -13 UPWP 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 MOA 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 CDOT and local agency 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 the MOA 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 FY 2012 -13 UPWP (c) PACOG shall pay to CITY for services covered by the FY 2012 -13 UPWP a sum not to exceed the amounts identified in the FY 2012 PACOG budget ($503,051) and /or rates set forth in those documents as incorporated herein by reference and as may be amended in writing, in full compliance with all the provisions of this Agreement. (d) In the event PACOG requests or authorizes work beyond or in addition to that set forth in the FY 2012 -13 UPWP, 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 2 be compensated for staff time and its costs at the rates set forth in paragraph (c), above, 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, 2012 to December 31, 2012 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 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 State or Federal grant funds by PACOG (c) Post Termination Procedures. In the event of termination, CITY shall cease further work and 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 7 CONFLICT OF INTEREST. 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 3 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, 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. 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 MOA as a part of this Agreement. PACOG, CDOT, 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, electronic media, and records of 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. PACOG shall have the right to monitor and evaluate the progress and performance of CITY to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with CDOT's, FHWA's, FTA's, PACOG's and other applicable monitoring and evaluation criteria and standards. PACOG may quarterly review CITY's performance using on -site visits, progress reports required to be submitted by CITY, audit findings, disbursement transactions and contact with CITY as necessary If requested, the CITY shall furnish to the PACOG periodic but not less frequently than 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. CITY shall maintain files, including electronic media, 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 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. 4 12 LIABILITY, INSURANCE. As to 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 Toss 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. seq. 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 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 5 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 comply with the provisions of Title VI of the Civil Rights Act of 1964 and the Title VI assurance executed by PACOG and the State of Colorado under 23 U S.C. 324 and 29 U S C. 794 and the provisions of the Americans with Disabilities Act of 1990 (Pub L. 101 -336, 104 Stat. 327, as amended) and the U.S. DOT implementing regulations (49 CFR 27,37, and 38) as certified in the FY 2010 -11 UPWP (p ii, therein) 15 ENTIRE AGREEMENT, AMENDMENTS. The provisions set forth in this Agreement, and all documents as incorporated herein by reference, in full compliance with all the provisions of 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 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, CITY and PACOG have executed this Agreement effective as of the date first above written and under the laws of the State of Colorado ATTEST PUEBLO AREA COUNCIL OF GOVERNMENTS C SLACI Secretary hairperson ATTEST CITY OF PUEBLO By City lerk President Pue o City Council 6 RESOLUTION NO 2011 - 018 A RESOLUTION APPROVING THE 2012 DELEGATION AGREEMENT BETWEEN THE PUEBLO AREA COUNCIL OF GOVERNMENTS (PACOG) AND THE CITY OF PUEBLO FOR TRANSPORTATION PLANNING AND IMPROVEMENT SERVICES, AUTHORIZING THE CHAIR OF THE COUNCIL TO EXECUTE SAME, AND AUTHORIZING AND DIRECTING CITY OF PUEBLO TO ADMINISTER THE AGREEMENT IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS WHEREAS, the Pueblo Area Council of Governments (PACOG), as the designated Metropolitan Planning Organization (MPO) and Transportation Planning Region (TPR) for the Pueblo region has prepared and adopted a biennial Unified Planning Work Program (UPWP) and estimated budget for fiscal years 2012 and 2013 which includes provisions for the receipt and expenditure of urban and rural transportation planning grant and local funds, and WHEREAS, PACOG has developed an agreement and contract with the City of Pueblo (CITY) for the performance of the tasks defined in the adopted UPWP and PACOG budget for the year 2012, NOW, THEREFORE, BE IT RESOLVED BY THE PUEBLO AREA COUNCIL OF GOVERNMENTS THAT SECTION 1 The Agreement For Transportation Planning and Improvement Services For 2012 effective January 1, 2012, 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 into this Resolution, is hereby approved SECTION 2 The Chair of the PACOG Board is hereby authorized to execute said Agreement for Transportation Planning and Improvement Services For 2012 SECTION 3 The PACOG Board hereby authorizes and directs the City of Pueblo to administer the 2012 delegation agreement and FY 2012 -13 UPWP in compliance with all applicable federal, state, and local laws, regulations, and official policies. INTRODUCED September 22, 2011 APPROVED ♦ ... .. :.. hair, Pueblo Area Council of Governments ATTEST V„ / / r• PA •G Recording Secretary • URBAN TRANSPORTATION PLANNING DIVISION Unified Planning Work Program FY 2012 FY 2012 Consolidated Planning Grant (Federal) $238 435 FY 2011 Carryover Federal CPG Funds $171,914 FY 2012 Total Federal CPG Funds $410 349 FY 2012 Local Matching Funds $49 565 FY 2012 City Share (72.2 %) $35 786 FY 2012 County Share (27 8 %) $13 779 FY 2011 Supplemental Local Matching Funds $35,737 FY 2012 Total Adjusted Local Matching Funds $85 302 FY 2012 City Share (72.2 %) $61 588 FY 2012 County Share (27 8 %) $23 714 FY 2012 Subtotal CPG $495 651 FY2012 TPR /RPG Planning Grant (Federal) $7 400 Subtotal TPR/RPG (No local match required) $7 400 Subtotal FY 2012 Urban Transportation Planning Division $503 051