Loading...
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: �- � -/: � - -;; ( - a" a, '�- 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: - J`f` /3� (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. — 2 — 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 Tit1 i �A/6i/`�i — 3 — �-, - S� - - - - - - - - - - - - - - - - - i. D U CZ3 OWN ------ 71 L=l 01 DED'o F9 Coll ocico� C � l --------------------------------- ---------- PM EI�l 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• - 3 - 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. - 1� - 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. - S - 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. - 7 - 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