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HomeMy WebLinkAbout5371RESOLUTION NO. 5371 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PFLUM, KLAUSMEIER & WAGNER CONSULTANTS AND THE CITY OF PUEBLO, COLORADO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A contract dated April 24, 1984, a copy of which is attached hereto and made a part hereof by reference after having been approved as to form by the City Attorney, by and between Pflum, Klausmeier & Wagner Consultants, and the City of Pueblo, a Municipal Corporation, to provide an Economic Dislocation Adjustment Strategy for the City of Pueblo, be and the same is hereby approved subject to the conditions as set forth in said contract. SECTION 2. The President of the Council is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED April 23 1984 BY MIKE OCCHIATO Councilman APPROVED BY: pl Presid of e Council ATTEST: tl .. 5� e AGREEMENT FOR PROFESSIONAL SERVICES PART I THIS AGREEMENT, made this 24th day of April , 1984, by and between the City of Pueblo, Colorado (herinafter called the "City "), and Pflum, Klausmeier & Wagner Consultants, 7125 Reading Road, Cincinnati, Ohio (hereinafter called "Consultant "), WHEREAS, the City desires to engage the Consultant for the purpose of obtaining professional services in the preparation of an Economic Dislocation Adjustment Strategy (EDA, Title IX); and WHEREAS, the City has obtained sufficient Economic Development Administration funding support for such activities; and WHEREAS, the Consultant desires to provide services in support of the City and the Consultant is qualified by reason of past experience. NOW, THEREFORE, in consideration of the covenants hereinafter stipulated to be kept and performed, it is agreed between the parties as follows: ARTICLE I - SCOPE OF WORK The Consultant shall satisfactorily perform all services necessary for the completion of program work activities which are part of the Pueblo Economic Dislocation Adjustment Strategy. Detailed scope of work to be performed by the Consultant is to be determined with the City and other interested parties and to be set forth in Appendix "B ", attached hereto and made a part hereof. During the course of work, the Consultant shall reasonably coordinate its activities with individuals and /or a steering committee to be designated by the City. Page One of Six The City may review the proposed work activities and make revisions or corrections as deemed necessary. ARTICLE II - PROGRA11 BUDGET It is understood and agreed by the Consultant that the budget for this program of work is not to exceed $99,175.00. ARTICLE III - TIME OF PERFORMA14CE The Consultant shall commence work within five days upon written authorization to proceed from the City and shall complete the work in an expeditious manner, with the understanding that work shall be completed within 140 days except for delays beyond the control of the Consultant. Such delays or other factors beyond the control of the Consultant shall be considered grounds for negotiating a change in the terms of this Agreement. ARTICLE IV - COMPENSATION AND METHOD OF PAYMENT A. For and in consideration of the services to be rendered under the terms of this Agreement, the City shall pay the Consultant according to the following schedule: Days After Authorization To Proceed Amount Due 45 $ 32,700.00 75 24,800.00 115 20,500.00 140 or full completion, whichever is later. 21,175.00 Total $ 99,175.00 B. The Consultant shall Drovide progress reports along with the invoice so that an accurate estimate of work completed can be maintained. C. Under no circumstances shall total charges for work exceed $99,175.00 unless authorization, in writing, is provided by the City. Page Two of Six D. If any payment is unreasonably withheld, then a 1.5 percent (18 percent annual rate) shall be applied each month to the outstanding balance. ARTICLE V - CITY'S REPRESENTATIVE The City shall designate an individual to act as its represen- tative. The Consultant shall rely upon that individual for direction in its work and that individual shall administer this Agreement on behalf of the City. All correspondence, instructions and communication shall be directed through that individual. ARTICLE VI - TERMINATION A. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photo- graphs and reports prepared by the Consultant under this Agreement shall, at the option of the City, become its property. The Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. B. The City may, from time to time, request changes in the scope of services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation, which are mutually agreed upon by and between the City and the Consultant shall be incorporated in written amendments to this Agreement. Page Three of Six ARTICLE VII - PUBLICITY No publicity releases or media communication shall be made by the Consultant without prior approval of the City. The Consultant will cooperate by providing readily available information and /or participation in public meetings or press releases. ARTICLE VIII - PROPRIETARY INFORMATION The Consultant shall not disclose at any time to any third person or utilize without the prior written approval of the City, any proprietary information, secret or confidential technology, or trade secret, or any other knowledge or information the disclosure of which would be contrary to the best interests of the City. ARTICLE IX - GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. ARTICLE X - ASSIGNMENT; SUBCONTRACTING The Consultant shall not assign or subcontract this Agreement of the services hereunder, in whole or in part, without the prior written consent of the City. Except that the City agrees, in advance, that the Consultant may subcontract with Gibbs & Hill, Inc., Insight, Inc. and Peter Bearse Associates. ARTICLE XI - STATUS OF CONTRACTOR The Consultant shall perform this Agreement and the services hereunder as an independent contractor. Neither consultant nor any of the persons or sub - subcontractors employed or engaged by it shall be deemed agents, representatives, contractors or employees of the City. Page Four of Six ARTICLE XII - BENEFIT; WAIVER This Agreement is binding upon and shall inure to the benefit of the parties hereto, their representatives, successors and assigns. No failure or successive failures on the part of the City, its successors or assigns, to enforce any covenant or agreement, and no waiver or successive waivers on its or their part of any condition of this Agreement shall operate as a discharge of such covenant, agreement or condition, or render the same invalid, or impair the right of the City, its successors and assigns, to enforce the same in the event of any subsequent breach or breaches by the Consultant, its successors or assigns. ARTICLE XIII - ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings relating to the services. This Agreement may not be altered, amended, or modified except by written instrument signed by the duly authorized representative of both parties. ARTICLE XIV - TERMS AND CONDITIONS This Agreement is subject to, and incorporates, the provisions attached hereto, in Appendix A, as Part II - TERMS AND CONDITIONS (Form H -621 B) in which "Contractor" shall mean "Consultant" and "Local Public Agency" shall mean "City ". Page Five of Six IN WITNESS WHEREOF, the parties have executed this Agreement the day and date first above mentioned. Approved as to Form: CiWAttorney Attest: CITY PUEBLO, COLORADO ael G. Sa ar ino President of City Council PFLUM, KLAUSMEIER & WAGNER CONSULTANTS tness, or ea e, artner Page Six of Six ;r City Clety CITY PUEBLO, COLORADO ael G. Sa ar ino President of City Council PFLUM, KLAUSMEIER & WAGNER CONSULTANTS tness, or ea e, artner Page Six of Six APPS MIX A Part II -- Terms and Conditions 1. Termination of Contract for Cause If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date there- of, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports pre- pared by the Contractor under this Contract shall, at the option of the Local Public Agency, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the Contract by the Contractor, and the Local Public Agency may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due to the the Local Public Agency from the Contractor is determined. 2. Termination for Convenience of Local Public Agency The Local Public Agency may terminate this Contract any time by a notice in writing from the Local Public Agency to the Contractor. If the Contract is terminated by the Local Public Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total canpensation as the services actually performed bear to the total services of the Contractor covered by this contract, less payments of compensation previously made: Provided however, that if less than sixty per cent of the services covered by this Contract have been Performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not othen�iise reimbursed under this Contract) incurred by the Contractor during, the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this contract is terminated MW due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes The Local Public Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed here- under. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and beween the Local Public Agency and the Contractor, shall be incorporated in written amendments to this Contract. 4. Personnel a. The Contractor represents that he has, or will secure at his awn expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Local Public Agency. b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or Permitted under State and local law to perform such services. c. No person who is serving sentence in a Penal or correctional institution shall be employed on work under this Contract. S. Anti - Kickback Rules Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti- Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 13 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall conply with all applicable "Anti- Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under. this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries If, in the performance of this Contract, there is any underpayment of salaries by the Contractor or by miv subcontractor thereunder, the Local Public Agency shall withhold from the Contractor out of payments due to him an amotmt sufficient to pay to employees underpaid the difference ben7een the salaries required hereby to be paid and the salaries - 2 - actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Local Public Agency for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the Local Public Agency for the latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demation, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the Local Public Agency setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified appli- cants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard com- mercial supplies or raw materials. 9. Discrimination Because of Certain Labor Matters No person employed on the work covered by this Contract shall be discharged or in any way discriminated - 3 - against because he has filed any complaint or instituted or caused to be instituted any proceeding or bas testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance With Local Laws The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall can no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontracting None of the services covered by this Contract shall be subcontracted without the prior written consent of the Local Public Agency. The Contractor shall be as fully responsible to the Local Public Agency for the acts and omissions of his subcontractors, and of persons either directly or indirectly cumloyed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring cor.pliance with the labor standards provisions of this Contract. 12. Assignability The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (xAlether by assipment or novation) without the prior written approval of the Local Public Agency: Provided however, that claims for money due or to became due the Contractor from the Local Public Agency under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Public Agency. 13. Interest of Members of Local Public Agency No member of the governing body of the Local Public Agency, and no other officer, employee, or agent of the Focal Public Agency who exercises any functions or responsibilities in correction with the carrying out of the Project to which this Contract pertains, shall have anv personal interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials No member of the governing bodv of the locality in cahich the Project Area is situated, and no other public official of such locality, echo exercises any functions or responsibilites in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. - 4 - 15. Interest of Certain Federal Officials No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 16. Interest of Contractor The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above - described Project Area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services here- under. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 17. Findings Confidential All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the Local Public Agency. - 5 - SCOPE OF WORK ECONOMIC DISLOCATION ADJUSTMENT STRATEGY PUEBLO, COLORADO OVERVIEW APPENDIX B The prupose of the Pueblo Economic Dislocation Adjustment Strategy (EDAS) is to establish a coordinated approach to future economic growth and development for Pueblo. In order to be effective, the strategy must address those problems and issues related to pre- vious employment dislocation caused by plant closures and at the same time, the strategy must evaluate the opportunities for future local economic expansion from emerging market and technological forces shaping the regional and national economy. The fundamental task of-the strategic planning process is to define both the pre- vailing economic problems within the local economy and to set in motion a process whereby Pueblo can be well positioned to capture future economic development potentials. The final product of the EDAS planning study is expected to be a set of policies, projects and activities designed to ameliorate existing problems and to forge new economic opportunities for Pueblo and its citizens. The following scope of work specially reviews existing conditions and recommends appropriate actions in the following areas: ** Labor force skills and aptitudes; ** Training needs and resources; ** Industrial development needs, resources and opportunities; ** Downtown development opportunities; ** Commercial and service industry development potentials; ** Emerging technologies and technological transfers; ** Business development resources; and ** Management for economic development. The scope of work consists of eight major work elements each with distinct subtasks. The following materials define the objective of each major work element and each end product. This Scope of Work is based upon the original scope of work submitted to the Economic Development Administration and reflects slight modifica- tions from the scope of work, as proposed by the Consultant. WORK ELEMENT I -- LABOR POOL DATA BASE Objective(s): To review and assess the skills and aptitudes of dislocated workers and to implement a data base for tracking displaced workers. End Product(s): Recommendations regarding the linkage between job training and job development activities for displaced workers; recommendations on imple- menting and maintaining a human resource file. Time Frame: 6 - 8 Weeks. 'WORK ELEMENT II -- MARKET ANALYSIS /FORECASTS Objective(s): To analyze the emerging economic trends and conditions from a regional and local perspective; to define commercial and service industry mar- ket potentials; and to isolate industrial market niches suitable for concentrated development activity. End Product(s): A market analysis report of the commercial, ser- vice and industrial demand (including downtown development) by product line and activity type (Which markets are under - served, un- served or potentially under - served ?). Time Frame: 6 - 8 Weeks. A WORK ELEMENT IIA -- EXISTING ENTERP AS SE S SMEN T Objective(s): To evaluate and assess the current business conditions and problems from the perspective of existing business enterprises, the financial community and from merchants. End Product(s): An analysis and report on existing business climate in Pueblo and a definition of the business constraints and problems facing man- ufacturing service firms and retailers. Time Frame: 4 - 6 Weeks. WORK ELEMENT III -- INDUSTRIAL RECRUITMENT SYSTEM Objective(s): To target industry and firm specific development opportunities, to evaluate expansion needs of existing firms and to match available amenities and resources to the needs of growing enter- prises; to define resources and opportunities specifically targeted to encourage downtown development and service sector development; to evaluate advertising and promotional efforts for enterprise-recruitment. End Product(s): A targeting system for the isolation of firm specific enterprise development opportunities; definition of a promotional strategy for in- dustrial, service sector and downtown develop- ment opportunities; and creation of audio /visual materials for targeted recruitment activities. Time Frame: 10 - 12 Weeks. B -3 WORK ELEMENT IV -- LAND FACILITY DATA BA SE & INFORMATION SYS Objective(s): To inventory the available land and facilities for commercial and industrial use and to de- vise a data base management system designed to search and track available facilities; to assess industrial and commercial absorption rates and rent structures. End Product(s): A facilities inventory, a computerized data base management system for.tracking available development sites. Time Frame: 13 - 16 Weeks. WORK ELEMENT V -- TARGETED TECHNOLOGY JOB TRAINING Objective(s): To review and evaluate the existing job train- ing activities in light of the emerging service industry and technologies, to link the avail- able training programs of the University of Colorado, Pueblo Branch, and the Pueblo Com- munity College with the technologically dis- placed; to examine ways of increasing the effectiveness of linking training activities with economic development objectives. End Product(s): Recommendations for implementing job develop- ment activities and using available training programs to encourage new enterprise develop- ment and to diversify the local economy. Time Frame: 11 - 13 Weeks. B -4 �IORK ELEMENT VI -- INDUSTRIAL PARK DEVELOPME P L A N Objective(s): To continue industrial park planning and im- plementation efforts; to isolate new de ment sites or rehabilitation opportunities and to prepare site schematics as necessary; to define implementation projects. End Product(s): Evaluation of existing industrial parks and facilities, phasing, infrastructure needs and implementation plans, assessment of new indus- trial park opportunities and develop imple- mentation program based upon market and stra- tegic needs, industrial park schematics, cost estimates and phasing schedule. Time Frame: 14 - 16 Weeks. WORK ELEMENT VII -- TECHNOLOGY TRANSFER STRATEGY Objective(s): To assess the existing technological transfer mechanisms and to examine the state of research and development activities among manufacturing and service enterprises; to discover locally acceptable mechanisms to redirect the manufac- turing base charge toward'a post industrial information /service based local economy. End Product(s): Recommendations regarding improved technology transfer mechanisms for both manufacturing enterprise and service oriented firms. Time Frame: 6 - 8 Weeks. B -5 WORK ELEMENT VIII -- ECONOMIC DISLOCATION ADJUSTMENT STRAfEGY Objective(s): To articulate a cohesive local economic adjust- ment strategy to ameliorate prior structural weakness; to define a set of policies, projects and activities which can encourage strategically relevant growth opportunities; to devise a coordinated community -wide management strategy for long term economic growth. End Product(s): Technical memorandum relating to training, job development, market forecasts, technological transfer, and business needs; draft and final EDAS; project and program definition. .