HomeMy WebLinkAbout7052RESOLUTION NO. 7052
that:
A RESOLUTION APPROVING AN AGREEMENT FOR THE CONTRACTING OF
PROFESSIONAL SERVICES TO ASSIST THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, IN THE PREPARATION OF THE OVERALL PHYSICAL
DEVELOPMENT PLAN FOR DOWNTOWN PUEBLO IN CONJUNCTION WITH THE
ECONOMIC DEVELOPMENT ADMINISTRATION 302(a) PLANNING PROGRAM
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO,
SECTION 1:
An agreement dated January 11, 1993, between John Prosser Associates and the
City of Pueblo, a Municipal Corporation, to provide professional services in
conjunction with the Overall Physical Development Plan for Downtown Pueblo,
Colorado, in conjunction with the Economic Development Administration 302(a)
Planning Program, a copy of which is attached hereto and incorporated herein,
having been approved as to form by the City Attorney, is hereby approved.
SECTION 2:
City funds for these services are available in Account No. 144 - 1992 -37- 040 -20.
Services will be rendered on an hourly basis with fees and expenses not to
exceed $3,500.00.
SECTION 3:
The President of the City 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 same.
INTRODUCED: January 11, 1993
ATTEST:
CITY CLE
BY: SAMUEL CORSENTINO
COUNCIL PERSON
APPROVED:
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PR SIDENT OF THE CITY COUNCIL
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
This agreement is made this 11th day of January, 1993, between the City of
Pueblo, a Municipal Corporation (hereinafter referred to as the "City "), whose
address is #1 City Hall Place, Pueblo, Colorado, 81003), and John Prosser
Associates, a professional consulting firm (hereinafter referred to as the
"Contractor "), whose address is 1200 17th Street, Suite 1100, Denver, Colorado,
80202, for the purpose of providing professional consulting services related to
the assistance in the preparation of the Overall Physical Development Plan for
Downtown Pueblo. In consideration of the mutual covenants hereinafter set
forth, the parties agree as follows:
SECTION 1 GENERAL SCOPE OF WORK
I.I. Contractor shall represent the best interests of the City at all times.
1.2. In performing the professional services, the Contractor shall complete
the work items described generally in Appendix A- -Scope of Services,
which is an integral part of this agreement.
1.3. The City shall compensate the Consultant for services rendered and
expenses incurred under this Agreement as provided in the "Professional
Fee" (Appendix B), which is an integral part of this Agreement.
1.4. Additional Services, if required by the City, shall be provided by a Work
Release (Appendix C).
1.5. Consultant shall adhere to and comply with the provisions of Exhibit D,
EDA Standard Terms and Conditions.
SECTION 2: METHOD OF COMPENSATION
2.1. Consultant shall be compensated for professional and staff time and
reimbursable expenses spent on the work covered in the scope of work at
hourly billing rates. Under no circumstances shall the total charges
payable under this agreement exceed the sum of thirty —five hundred
dollars ($3,500) unless agreed upon by both parties. The rates of
compensation for service and for reimbursable expenses to be used for
payment application shall be those set forth in Appendix B- - "Fee
Schedule."
2.2. Contractor shall submit periodic, but not more frequently than monthly,
applications for payment, aggregating not more than $3,500 (the maximum
amount) for actual professional services rendered and reimbursable
expenses incurred. Such applications shall be submitted with appropriate
documentation that such services have been performed and expenses
incurred. Thereafter, the City shall pay Contractor for the amount of
the application within 40 days of the date of billing, provided that
sufficient documentation has been furnished.
2.3. No compensation shall be paid to Contractor for services required and
expenditures incurred in correcting Contractor's mistakes or negligence.
SECTION 3: TERMINATION
3.1. The City reserves the right to terminate this Agreement and Contractor's
performance hereunder, at any time upon written notice, either for cause
or for convenience. Upon such termination, Contractor shall cease all
work and stop incurring expenses and shall promptly deliver to the City
all data, drawings, specifications, reports, estimates, calculations,
summaries and all other information and materials as Contractor may have
accumulated in performing this Agreement, together with all finished work
and work in progress.
3.2. Upon termination of the Agreement for events or reasons not the fault of
Contractor, Contractor shall be paid at the rate specified in Appendix
6 -- "Fee Schedule " - -for all services rendered and reasonable costs
incurred to date of termination, together with any reasonable costs
incurred within ten days of termination, provided such latter costs could
not be avoided or were incurred in mitigating losses or expenses to City
or Contractor.
SECTION 4: GENERAL PROVISIONS
4.1. Ownership of Documents All analyses and other documents or instruments
procured or produced by the Contractor in the performance of this
Agreement shall be the sole property of the City; and the City is vested
with all rights thereof whatever kind and however created, whether
created by common law, statutory law, or by equity. The Contractor
agrees that the City shall have access at all reasonable times to inspect
and make copies of all notes and all other technical data pertaining to
the work to be performed under this Agreement.
4.2. Insurance The minimum insurance coverage which Contractor shall obtain
and keep in force is as follo s:
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(a) Comprehensive Automobile Liability Insurance with limits
not less than Five Hundred Thousand and No /100 Dollars ($500,000)
per person and occurrence for personal injury, including but not
limited to death and bodily injury, Five Hundred Thousand and
No /100 Dollars ($500,000) per occurrence for property damage.
4.3. Entire Agreement This instrument contains the entire agreement between
the City and the Contractor respecting the project and any other written
or oral agreement or representation respecting the project or the duties
of either the City or the Contractor in relation thereto not expressly
set forth in this instrument is null and void.
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4.4. Successors and Assigns This Agreement shall be binding on the parties
hereto and on their partners, heirs, executors, administrators,
successors, and assigns, provided, however, that neither this Agreement,
nor any part thereof, nor any monies due or due to become due hereunder
to the Contractor may be assigned by him without the written consent of
the City.
4.5. Amendments No amendment to this Agreement shall be made nor shall be
enforceable unless made by written Amendment signed by an authorized
representative of Contractor and by City's duly authorized
representative.
4.6. Choice of Law The Agreement shall be governed and interpreted in
accordance with the laws of the State of Colorado.
4.7. Equal Employment Opportunity In connection with the performance of this
Agreement, Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national
origin, handicap, or age. Contractor shall endeavor to insure that
applicants are employed and that employees are treated during employment
without regard to their color, religion, sex, national origin, handicap,
or age.
4.8 Relationship of Part The relationship between City and Contractor is
that of an independent contractor and neither contractor nor any of its
employees, officers, and agents shall be or be deemed to be employees or
agents of City. Contractor's sole compensation for service performed
herein is specified in Section 2 and Contractor shall be soley
responsible for payment of all taxes and withholdings with respect to
payments by City hereunder and will indemnify and hold harmless City
therefrom.
SECTION 5: DISPUTES
5.1. Any dispute or disagreement between Contractor and City arising from or
relating to this Agreement or Contractor's services or right to payment
hereunder shall be determined and decided by the City Manager whose
written decision shall be final and binding unless judicial review is
sought in a Colorado Court of competent jurisdiction pursuant to Rule
106, C. R. C. P.
5.2. Pending resolution of any dispute or disagreement or judicial review,
Contractor shall proceed diligently with performance of his work under
this Agreement.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as
of the day and year first written above.
CITY OF PUEBLO
By.
Title: P esident of the Council
CONTRACTOR
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APPENDIX "B"
PROFESSIONAL FEES AND EXPENSES
John Prosser Associates will perform the Scope of Services for compensation
on an hourly basis not to exceed $3,500 which shall include all fees for
consultants and reimbursable expenss. Rates for fees and expenses are as
follows:
Professional Services: $100.00 /Hr.
Travel Time:
Mileage:
50.00 /Hr.
.25 /Mile
Reimbursable Expenses: Cost + 20%
(printing, long distance,
calls, copies, postage, etc.)
APPENDIX C
WORK RELEASE
DATE:
CLIENT:
PROJECT:
ADDITIONAL WORK DESCRIPTION:
Fee:
Expenses:
CHANGE TO THE EXISTING CONTRACT:
Original Contract Total:
NEW CONTRACT AMOUNT:
THIS WORK RELEASE HAS BEEN REVIEWED AND ACCEPTED BY:
THE CITY OF PUEBLO JOHN PROSSER ASSOCIATES
No
Title:
:
Title:
Date: Date:
Appendix D ECONOMIC DEVELOPMENT ADMINISTRATION
STANDARD TERMS AND CONDITIONS
Nonconstruction Programs
For. awards of nonconstruction programs under Title III, and the
Economic Adjustment Strategy grant program of Title IX, of the
Public Works and Economic Development Act of 1965, as amended (ACT).
All Code of Federal Regulations (CFR) and OMB Circulars that apply
to a previous award, except as noted in the Special Terms and
Conditions, shall apply to an amendment or renewal of that award.
A. Statutory and Executive Order Requirements
Some of the terms and conditions herein contain, by reference or
substance, a summary of the pertinent statutes or of regulations
published in the Code of Federal Regulations (CFR). To the extent
that it is a summary, such term or condition is not in derogation
of, or an amendment to, the regulation issued by a Feder "al agency.
All statutes or regulations whether or not referenced herein are to
be applied as amended on the date they are administered.
1. The Recipient shall comply, and require any contractors or
subcontractors to comply, with all the terms and conditions
of the Act under which this award is made, the regulations
issued pursuant thereto, such directives and instructions
as may be issued from time to time by EDA in connection
with the assistance herein offered, and with all Federal,
state, and local laws applicable to its undertaking and
activities.
2. The Recipient shall comply with P.L. 92 -65, section 112,
prohibiting sex discrimination on programs under the Public
Works and Economic Development Act; 13 CFR Part 311
imposing civil rights requirements on recipients; and such
other civil rights legislation as is applicable.
3. ENVIRONMENTAL CONSIDERATIONS: The Recipient will in
accordance with the National Environmental Policy Act of
1969, as amended (P.L. 91 -190), develop and implement as
part of its planning process a mechanism which considers
and analyzes the existing environment of the planning area
and the potential environmental impacts of this environment
from the alternative planning strategies under
consideration. Furthermore, in selection of the best
alternative strategy for implementation, the environmental
impact analyses will be utilized as a factor for
consideration in this selection process by taking into
account all applicable Federal, state, territorial and
local laws, and in particular, but not limited to, the
following laws, regulations and Executive Orders:
a. The Clean Air Act, as amended (42 U.S.C. 7401, et
seq•
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B. General Requirements
1. PERSONNEL LIMITS AND APPROVALS: Unless explicitly
authorized by EDA, the Recipient shall limit both the
number of its employees and the funds spent therefor to the
number of its employees and amounts set forth in the
budget. This limitation shall not apply to additional
employees not in any way compensated from Federal -state
funds or recipient contributions made available under this
awa rd .
Prior to hiring any employees who shall be paid with award
funds, the Recipient must submit a staffing plan and have
it approved by the Federal Program Officer (FPO). The
staffing plan shall indicate (1) the salary level, (2) the
nature of work to be performed, (3) knowledge, abilities,
and skills required, and (4) education and experience
required for each position. Any substantive changes in the
approved staffing plan must be resubmitted for approval by
the FPO. Any increases in individual salary Levels which
equal 10 percent or more must have prior approval of the
FPO.
2. USE OF CONSULTANTS /CONTRACTORS: For all proposals and
contracts where costs are expected to exceed 10,000, the
scope of work (request for proposal) and the cost of such
must be submitted to and approved by EDA prior to
employment of such consultants or contractors. Recipients
will ensure that any consultant or contractor paid from.
funds provided under this award is bound by all applicable
award terms and conditions. EDA shall not be liable
hereunder to a third party nor to any party other than the
Recipient.'
3. PROGRAM PERFORMANCE: The Recipient shall inform EDA as
soon as the following types of conditions become known:
a. Problems, delays, or adverse conditions that
materially affect the ability to attain program
objectives, prevent the meeting of time schedules or
goals, or preclude the attainment of project work
units by established time periods. This disclosure
shall be , accompanied by a statement of the action
taken, or contemplated, and any EDA assistance needed
to resolve the situation.
b. Favorable developments or events that enable meeting
time schedules and goals sooner than anticipated or
producing more work units than originally projected.
4. DUPLICATION OF WORK: The purpose and scope of work for
which this award is made shall not duplicate programs for
which ,monies have been received, committed, or applied for
from other sources, public or private. The Recipient shall
submit full information about related programs that may be
initiated within the award period.
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b. The Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251, et se t.);
c. The Coastal Zone Management Act of 1972, as amended
(16 U.S.C. 1451, et seg.);
d. The National Historic Preservation Act (16 U.S.C. 470,
et se . ) ;
e. Executive Order 11988, Floodplain Management (May 24,
1977);
f. Executive Order 11990, Protection of Wetlands (May 24,
1977);
g. The Endangered Species Act, as amended (16 U.S.C.
1531, et se g.);
h. The Historical and Archeological Data Preservation
Act, as amended (16 U.S.C. 469a, et seg .);
i. The Safe Drinking Water Act of 1972, as amended (42
U.S.C. 300f -j9);
j. The Wild and Scenic Rivers Act, as amended (16 U.S,C.
1271, et seq .);
k. The Flood Disaster Protection Act of 1973, as amended
(42 U.S.C. 4002, et seg .);
1. The Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 6901); and
M. The Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (42 U.S.C. 9601,
et se g.
4. HATCH ACT: Recipient will comply with the provisions of
the Hatch Act (5 U.S.C. section 1501 -1508 and 7324 -7328)
which limit the political activities of employees whose
principal employment is funded in whole or in part with
Federal funds. If doubt exists in particular cases, the
Recipient should contact the U.S. Office of Special
Counsel, Merit Systems Protection Board, Washington, D.C.,
.for guidance.
S. PATENT POLICY: The policy and procedures set forth in the
DOC regulations (37 CFR 401), "Rights To Inventions Made by
Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts, and Cooperative Agreements,"
published in the Federal Re ister on March 18, 1987, shall
apply to all award agreements ma e for which the purpose is
experimental, developmental or research work.
5, It`ORK STAR'T'ED OR CO'Hi'llf -' TED: No funds provided under this
IW3Vd shall be used to pay for cost of any work started or
completed prior to the effective date of this award.
6. 0T1 fER FU7DING SOURCES: Federal -share funds budgeted or
awarded for tills program shall not be used to replace any
financial support previously provided or assured from any
other source. The Recipient agrees that the general level
of expenditure by the Recipient for the benefit of program
area and /or program designated in the Special Terms and
Conditions of this award, or any amendment or modification
thereto, shall be maintained and not reduced as a result of
the Federal -share funds received under this program.
7. REIMBURSEMENT FOR TRAVEL: Use of award funds for travel,
which is determined as being necessary to the program for
which the award is established, may be subject to the
travel policies of the Recipient in situations if they are
uniformly applied regardless of source of funds in
determining the amounts and types of reimbursable travel
expenses of recipient staff and consultants. When the
recipient institution does not have specific policies
uniformly applied, the U.S. Standard Governmental Travel
Regulations shall apply in determining the amount charged
to the award.
Any travel by the Recipient confined to the EDA region(s)
within which that Recipient is operating and /or to
Washington, D.C., for purposes related to the award
program, does not need prior approval, as .long as budgeted
travel funding levels are not exceeded. All other travel
not in an approved work schedule plan must have prior
approval of the FPO.
8. RECIPIENT CONTRIBUTIONS: When the Recipient shall have
claimed credit for contributions -in -kind to the total cost
of allowable expenses, the evaluation of such contributions -
in -kind shall be subject to reevaluation by EDA at any
time, and any deficiency so determined by EDA shall be
compensated by supplemental contributions by the Recipient
as a condition for further disbursements by EDA.
9. AVAILABILITY OF INFORMATION: The Recipient agrees that all
nonconfidential information resulting from its activities
shall be made freely available to the general public on an
equal basis.
10. BONDING AND PAYMENT OF FUNDS: Prior to payment of funds
hereunder, the Recipient shall inform the FPO as to what
provision it has for fidelity bond coverage of persons
authorized to handle funds under this award. This is to
assure the FPO that the Government's interest is protected.
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11. COPYRIGHTS: Recipient shall comply with IS CFR 24.34 (for
awards to state and local governments) or OMB Circular A -110,
Attachment N (for awards to institutions of higher education,
hospitals, and other nonprofit organizations), as appropriate.
12. For awards subject to OMB Circular A -110, the Recipient agrees
to the revision of that circular which was published in the
Federal Register on February 10, 1987, requiring recipients of
e era financial assistance to maintain advances of Federal
funds in interest bearing accounts. Interest earned on
Federal advances deposited in such accounts (with the
exception of $100 per year which may be retained for
administrative expenses) shall be remitted promptly, but no
less frequently than quarterly. All checks submitted should
be made out to the Economic Development Administration and
should identify on their face the EDA project number followed
by the word INTEREST in order to identify the check in
question as remittance of interest income. The checks
should be mailed to:
ECONOMIC DEVELOPMENT ADMINISTRATION
P. 0. BOX 100202
ATLANTA, GEORGIA 30384
Notification of the submission of these interest payments
should be sent to the FPO.
13. The Recipient hereby agrees that the Government may, at its
option, withhold disbursement of.an-y award funds if the
Government learns, or has knowledge, that the Recipient has
failed to comply in any manner with any provision of the
award. The Government will withhold funds until the violation
or violations have been corrected to the Government's
satisfaction. The Recipient further agrees to reimburse the
Government for any ineligible costs which were paid from award
funds, or if the Recipient fails to reimburse the Government,
the Government shall have the right to offset the amount of
such ineligible costs from any undisbursed funds held by the
Government. The Recipient agrees to repay the Government for
all ineligible costs incurred in connection with the project
and paid from the award including, but not limited to, those
costs determined to be ineligible if the Government learns of
any violations after all funds have been disbursed.
14. The Recipient hereby agrees that no funds made av ,-Iilable fro[-,, this grant shall be used, directly or indirectly, for paying
attorneys 01 consultants fees in connection with se curin!
r
this ant or other grants or cooperative agreelnn loin
T- � or example, funds could not be used for paying
attorneys or consultants to prepare the application for this
or other EDA assistance. However, attorneys' or consultants'
fees incurred for meeting rant requirements may be eligible
project costs an may e paid o�u"t_o`£ - u � nos made available from
this grant, provided such costs are otherwise eligible.
15. RESTRICTIONS ON LOBBYING: This award is subject to section 319
of Public Law 101 -121, which added Section 1352, regarding
lobbying restrictions, to Chapter 13 of Title 31 of the United
States Code. The new section is explained by the Department of
Commerce in an "Interim Final Rule," 1S CFR Part 28, published
in SS FR 6736 -6748, February 26, 1990. The Recipient of this
award and subrecipients are generally prohibited from using
Federal funds for lobbying the Executive or Legislative Branches
of the Federal Government in connection with this award.
The Recipient shall require each person who requests or receives
from the Recipient a subgrant, contract, or subcontract
exceeding $100,000 at any tier under this award, to file a
"Certification Regarding Lobbying" and, if applicable, a
"Disclosure of Lobbying Activities" form regarding the use of
any nonfederal funds for lobbying. Certifications shall be
retained by the next higher tier. All disclosure forms,
however, shall be forwarded from tier to tier until received by
the Recipient, who shall forward all disclosure forms to the
Government.
The Recipient shall file and shall further require each
subrecipient, contractor or subcontractor that is subject to the
subrecipient Certification and Disclosure provision of this
Special Condition to file a disclosure form at the end of each
calendar quarter in which there occurs any event that requires
disclosure or that materially affects the accuracy of the
information contained in any disclosure form previously filed by
such person. Disclosure forms shall be handled as described
above.
An Indian tribe or organization that is seeking an exemption
from Certification and Disclosure requirements must provide EDA
with an attorney's opinion citing the provision or provisions of
"other Federal law" upon which it relies to conduct lobbying
activities which would otherwise be subject to the prohibitions
in and to the Certification and Disclosure requirements of
section 319 of Public Law No. 101 -121.
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l6. Recipient shall not knowingly do Nosiness under a covered
transaction with a person who is debarred or suspended, or who
is ineligible for or excluded from that transaction, and
Recipient, will comply with the provisions of IS CFR Part 26,
Governmentwide Debarment and Suspension (Nonprocurement) and
Governmentwide Requirements for Drug -Free Workplace (Grants).
17. Recipient will comply with this Financial Assistance Award,
subject to the other Special and Standard Terms and Conditions,
which shall constitute an obligation to make such award. If the
Recipient fails to affirm its intention to use the award in
accordance with the terms and conditions of this Financial
Assistance Award, it will be terminated without further cause.
By signing and returning two of the original Financial
Assistance Award documents within 45 calendar days from the date
of approval by the Assistant Secretary, the Recipient hereby
affirms that it intends to use the award in accorda -nce with the
terms and conditions as above - referenced.
18. DISCLOSURE OF FEDERAL PARTICIPATION: In order to use any amount
of this award to finance the acquisition of goods or services
(including construction services) for the project, the Recipient
agrees to - --
(1) announce in any solicitation for offers to procure
such goods or services (including construction
services) the amount of Federal funds that will be
used to finance the acquisition for which such offers
are being solicited; and
(2) express the amount announced pursuant to paragraph (1)
as a percentage of the total costs of the planned
acquisition.
The foregoing requirements shall not apply to a procurement for
goods or services (including construction services) that has an
aggregate value of less than $500,000.
DECEMBER 1990