Loading...
HomeMy WebLinkAbout08650ORDINANCE NO. 8650 AN ORDINANCE APPROVING AN AMENDMENT TO THE 2013 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 WHEREAS, the City of Pueblo (“City”) and the Pueblo Area Council of Governments (“PACOG”) entered into an Agreement for Transportation Planning and Improvement Services for 2013 (“Agreement”), effective January 1, 2013 through December 31, 2013, approved by PACOG Resolution No. 2012-022, December 6, 2012 and City Council Ordinance No. 8553 on December 26, 2012 authorizing the City to undertake such transportation planning and improvement projects; and WHEREAS, the City and PACOG desire to amend the Agreement to allow for transportation services, activities, and project execution required of PACOG to be mutually completed through the Urban Transportation Planning Division (UTPD) of the City Department of Planning and Community Development, and Pueblo County (hereinafter referred to as “County”); NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Agreement to provide certain transportation and planning services that provides for County staff to mutually complete tasks included within the FY 2014-2015 Urban Planning Work Program (“FY 2014-2015 UPWP”), a copy of which is attached and incorporated into this Ordinance, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute said Amendment to the 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. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Amendment to effectuate the transactions described therein. SECTION 4. The Amendment shall be effective as of September 26, 2013, the date Resolution 2013-018 amending the 2013 City/PACOG Delegation Agreement was approved by the PACOG Board. SECTION 5. This Ordinance shall become effective upon final passage and approval. INTRODUCED: October 15, 2013 Ed Brown BY: PASSED AND APPROVED: October 28, 2013 Background Paper for Proposed ORDINANCE DATE: OCTOBER 15, 2013 AGENDA ITEM # R-8 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE AN ORDINANCE APPROVING AN AMENDMENT TO THE 2013 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 an amendment to the annual delegation agreement between City of Pueblo ("City") and the Pueblo Area Council of Governments ("PACOG") that provides for County staff to be paid to complete tasks included within the FY 2014-2015 Urban Planning Work Program for Transportation Planning Services? RECOMMENDATION Approval of the Amendment to the 2013 City/PACOG Delegation Agreement ("Agreement") for Transportation Planning Services as adopted by PACOG Resolution 2013-018 dated September 26, 2013. BACKGROUND This Ordinance approves an Amendment to the Agreement for Transportation Planning and Improvement 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 FY 2014-15 Unified Planning Work Program (UPWP) adopted by PACOG Resolution 2012-017 on August 22, 2013. The County staff will assist the Transportation Planning Division of the City in the satisfactory performance and completion of work tasks identified in accordance with the regulations and policies of the Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FHWA) described in the FY 2014-15 Unified Planning Work Program (UPWP) adopted by PACOG Resolution 2013-017 on August 22, 2013. Since March of 2013, Pueblo County has paid a contract employee to work in conjunction with the City staff for the implementation of major transportation improvement projects focusing on the I-25 and US 50 corridors. This Amendment to the Agreement allows for the County staff to work on specific transportation planning tasks assigned by the Assistant City Manager for Community Investment between October 1, 2013 and December 31, 2013 and be paid from PACOG Consolidated Planning Grant Funds. FINANCIAL IMPACT The salary and additional expenses for County staff, authorized and approved by the City of Pueblo Assistant City Manager for Community Investment, based on timesheets and additional expense receipts submitted by the County, up to a maximum of $25,000 will be reimbursed to the County for the period from October 1, 2013 through December 31, 2013. The funds will be paid from PACOG 2013 Consolidated Planning Grant and CDOT FY2014 Rural Transportation Funds. The FY2013 FHWA Consolidated Planning Grant awarded to PACOG extends until December 31, 2013. Substituted Copy September 26, 2013 AMENDMENT TO AGREEMENT FOR TRANSPORTATION PLANNING AND IMPROVEMENT SERVICES FOR 2013 THIS Amendment to Agreement for Transportation Planning and Improvement Services for 2013 effective January 1, 2013 through December 31, 2013, approved by PACOG Resolution No. 2012 -022, December 6, 2012 and Pueblo City Council Ordinance No. 8553 on December 26, 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 ". RECITALS 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; and 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 and PACOG entered into an AGREEMENT FOR TRANSPORTATION PLANNING AND IMPROVEMENT SERVICES FOR 2013 ("AGREEMENT "), effective January 1, 2013 through December 31, 2013, approved by PACOG Resolution No. 2012 -022, December 6, 2012 and City Council Ordinance No. 8553 on December 26, 2012 authorizing CITY to undertake such transportation planning and improvement projects; and WHEREAS, CITY AND PACOG desire to amend contract to allow for transportation services, activities, and project execution required of PACOG under the aforesaid agreements to be mutually completed through the Urban Transportation Planning Division (UTPD) of the CITY Department of Planning and Community Development, and Pueblo County (hereinafter referred to as "COUNTY "). 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 CITY is authorized to mutually work with the COUNTY to complete work totaling approximately 520 hours, along with the reimbursement of qualifying additional expenses authorized by City, and, in any event, not to exceed the amount of $25,000.00 during the remaining term of the AGREEMENT for services, activities, and project execution required of PACOG as identified in the Scope of Work included as Appendix A attached hereto and incorporated herein by this reference. 1 2. CITY'S AND COUNTY COMPENSATION AND METHOD OF PAYMENT (a) PACOG will pay to CITY an amount up to that specified in subparagraph (b) of this paragraph as full compensation for all services and work to be performed or undertaken by CITY in accordance with the approved FY 2014 -2015 UPWP, except those amounts approved by CITY for services completed by COUNTY which shall be paid directly to COUNTY. (b) PACOG shall pay to CITY and, subject to approval by CITY payments to COUNTY, for services covered through December 31, 2013 by the approved FY 2014- 2015 UPWP, a sum not to exceed the amounts identified in the FY 2013 PACOG budget of $882,340 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. (c) PACOG shall reimburse CITY for expenses incurred as part of the agreements that extend beyond the current fiscal year allocations, provided such funds are available from PACOG to cover expenses for grant funds that are budgeted according to different funding cycles than the CITY and PACOG's annual calendar year budget and appropriation cycles. 3. SIGNATURES. The persons signing this Amendment to Agreement for Transportation Planning and Improvement Services for 2013 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. 4. AMENDMENT MODIFICATIONS. Except as modified by this Amendment, the Agreement for Transportation Planning and Improvement Services for 2013 will remain in full force and effect inuring to the benefit of and binding upon the City and PACOG. IN WITNESS WHEREOF, CITY and PACOG have executed this Agreement effective as of the date fi rst above written and under the laws of the State of Colorado. ATTEST: PUEBLO AREA COUNCIL OF GOVERNMENTS gatt ; 1_14 ecretary Chairperson ATTEST: CITY OF • �=,� 411WW Ci lerk President, Pueblo City Council 2 APPENDIX A SCOPE OF WORK The COUNTY Transportation Program Director shall assist CITY with the satisfactory performance and completion of work tasks identified in accordance with the regulations and policies of the Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FHWA), encompassed within or reasonably necessary to accomplish the tasks and functions described in the FY 2014 -15 Unified Planning Work Program (UPWP) adopted by PACOG Resolution 2013 -017 on August 22, 2013 incorporated herein by reference, in full compliance with all provisions of this Agreement. PROFESSIONAL FEE SCHEDULE PACOG shall compensate the COUNTY for the Scope of Services, approved by CITY, in the following manner: 1. An hourly fee basis for the completion of work included in the Scope of Services identified above. 2. Reimbursement of qualifying additional expenses authorized for the satisfactory performance and completion, of the planning services and items of work in accordance with the regulations and policies of the Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FHWA), encompassed within or reasonably necessary to accomplish the tasks and functions described in the amended FY 2014 -15 UPWP adopted by PACOG Resolution 2013- 017 on August 22, 2013. 3. In no event shall the combined hourly fee and qualifying additional reimbursement expenses exceed a total of $25,000.00. The following hourly rate reflects the expertise level that is required for the completion of the projects and tasks. Category Typical Tasks Weighted Hourly Rate County Project Administration, Management, $40.00 Transportation Project Design, Technical Review and Program Director Communications 3