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HomeMy WebLinkAbout7314RESOLUTION NO. 7 314 A RESOLUTION APPROVING A CONTRACT BETWEEN THE STATE OF COLORADO (DEPARTMENT OF LOCAL AFFAIRS), THE COUNTY OF PUEBLO, AND THE CITY OF PUEBLO RELATING TO COORDINATING AND ASSISTANCE WITH RESPECT TO INTERGOVERNMENTAL PLANNING AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Contract between the State of Colorado (Department of Local Affairs), the County of Pueblo and the City of Pueblo relating to coordinating and assistance with respect to inter- governmental planning, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Contract in the name of the City in substantially the same form and content as the Contract attached hereto with such modifications as the President of the City Council and the City Attorney shall approve. The City Clerk is authorized and directed to affix the seal of the City thereto and attest same. INTRODUCED: February 28, 1994 By JOHN CALIFANO Councilperson ATTEST: I-- , "�. City lerk APPROVED: B Pr sident of the City Council EIAF - #3041 DEPARTMENT OR AGENCY Mineral Lease Fund NAA CONTRACT ROUTING NUMBER q -5 D S 1 CONTRACT THIS CONTRACT, made this 1 st day of January , 1995, by and between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203 hereinafter referred to as the State, and the City of Pueblo, P. O. Box 1427, Pueblo, Colorado 81002, and the Board of County Commissioners, County of Pueblo, 215 W. loth Street, Pueblo, Colorado 81003 hereinafter referred to as the Contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number Appropriation Code Number 1 , Org. Unit t=A00 , GBL 8 Contract Encumbrance Number d WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist state agencies, school districts, local governments and political subdivisions of the State that are experiencing social and economic impacts resulting from the development of energy /mineral resource industries in Colorado; and WHEREAS, pursuant to 34-63 -101 and 102, C.R.S. 1973, as amended, royalties received under provisions of the federal Mineral Lands Leasing Act are to be distributed through the Local Government Mineral Impact Fund, with the Department of Local Affairs ( "Department ") administering the fund as a function of the energy /mineral impact assistance program; and WHEREAS, applications for distributions from the Local Government Mineral Impact Fund have been received by the Department; and WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and WHEREAS, the Contractor is an eligible political subdivision to receive energy /mineral impact assistance from the Local Government Mineral Impact Fund; NOW THEREFORE, it is hereby agreed that: 1. Area Covered The Contractor shall perform and accomplish all the necessary work and services provided under this Contract, as described in the attached Exhibit A, which is incorporated herein and made part of this Contract by reference, in connection with and respecting the following area or areas: State Planning and Management Region 7 2. Scope of Services In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services ", set forth in the attached Exhibit A, hereinafter referred to as the "Project ". Work performed prior to the execution of this Contract shall not be considered part of this Project. 3. Responsible Administrator The performance of the services required hereunder shall be under the direct supervision of Lew Quigley , an employee or agent of Contractor, who is hereby designated as the administrator -in- charge of this Project. At any time the administrator -in- charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator -in- charge and the State receives notification of such replacement assignment. 4. Time of Performance This Contract shall become effective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance" in the attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract shall not be eligible expenditures. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Time of Performance. 5. Compensation and Method of Payment The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed SEVENTY THOUSAND AND NO /100 - - - - - - - - - - - - - - - - - - - - - Dollars ( $70,000.00 ). The method and time of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. Revised 08/94 Page 1 of 6 PanPc 6. Accounting At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain property segregated books of State funds, matching funds, and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall accord with the "Budget' set forth in Exhibit A. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget without approval of the State. Adjustment of budget expenditure amounts in excess of ten percent (10 %) must be authorized by the State in an amendment to this Contract properly executed and approved pursuant to the State Fiscal Rules. In no event shall the Sate's total consideration exceed the amount in Paragraph 5 above. a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment by the State, the initial payment set forth in the Payment Schedule shall be made as soon as practicable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof of proper expenditure of State funds thus far received to a contract monitor designated by the State. b. The Contractor shall request the final payment, which is the amount withheld by the State until the Project is complete, for the Project by submitting to the contract monitor a detailed cost accounting of all State funds received and expended towards completion of the Project. Upon determining to its satisfaction that all funds received by the Contractor have been properly spent towards accomplishment of the Project, the State shall promptly make final payment to the Contractor. c. Within ninety (90) days of completion of the Project, the Contractor shall submit to the contract monitor a detailed cost accounting of expenditures of the final payment received from the State. Any State funds not expended in connection with the Project shall be remitted to the State at that time. 7. Audit The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records, books, accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until five (5) years after the bate of Project completion, provided that the audit is performed at a time convenient to the Contractor and during regular business hours. Whether or not the State calls for a discretionary audit as provided for in this paragraph, if the Project is accomplished within a single fiscal year of the Contractor, the Contractor shall, at the conclusion of the Project, and in addition to any other reports required, submit a report and auditor's statement of the Project account to the Office of Field Services in the Department of Local Affairs. Such report shall be prepared in conjunction with Contractor's regular yearly audit, and must be submitted within six (6) months after the dose of the then current Contractor's fiscal year. 8. Personnel The Contractor represents that it has, or will secure at its own expense, unless otherwise stated in Exhibit A, all personnel necessary to perform the work and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State and no such personnel are eligible for any employee benefits, unemployment compensation or any other benefits accorded to State employees. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder will be performed by the Contractor or under its supervision. The Contractor is responsible for providing Workman's Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage for themselves. In no case is the State responsible for providing Workman's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this Agreement. 9. Termination of Contract for Cause If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Page 2 of 6 Pages Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. 10. Termination for Convenience of State The State may terminate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 9 above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation 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 percent (60 %) 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 otherwise 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 due to the fault of the Contractor, Paragraph 9 hereof relative to termination shall apply. 11. Changes The State may, from time to time, require changes in the scope of services of the Contract to be performed hereunder. However, this Contract is intended as the complete integration of all understandings between the parties, at this time, and no prior or contemporaneous addition, deletion, or other amendment hereto, including any increase or decrease in the amount of monies to be paid to the Contractor, shall have any force or effect whatsoever, unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, changes in the time of performance may be agreed to by letter if so provided for in Exhibit A, and Contractor may make adjustments of less than ten percent (10 %) in budget line items as provided for in Paragraph 6 of this Contract. 12. Reports At least two (2) copies of all reports prepared as a result of the Project will be submitted to the Office of Field Services in the Department of Local Affairs within two (2) weeks of completion of such reports. 13. Employment Referrals The Contractor shall accept and require that all subcontractors accept, from either the Job Training Partnership Act Service Delivery Area employment and training agency or the Job Service Center in the area, referrals as candidates for filling vacant job positions supported by or created as a result of funds provided by the State under this Contract. 14. Conflict of Interest a. No employee of the Contractor shall perform or provide part -time services for compensation, monetary or otherwise, to a consultant or consultant firm that has been retained by the Contractor under the authority of this Contract. b. The Contractor agrees that no person at any time exercising any function or responsibility in connection with this Project on behalf of the Contractor shall have or acquire any personal financial or economic interest, direct or indirect, which will be materially affected by this Contract, except to the extent that he may receive compensation for his performance pursuant to this Contract. c. A personal financial or economic interest includes, but is not limited to: any business entity in which the person has a direct or indirect monetary interest; ii) any real property in which the person has a direct or indirect monetary interest; iii) any source of income, loans, or gifts received by or promised to the person within twelve (12) months prior to the execution date of this Contract; iv) any business entity in which the person is a director, officer, general or limited partner, trustee, employee, or holds any position of management. Page 3 of 6 Pages For purposes of this subsection, indirect investment or interest means any investment or interest owned by the spouse, parent, brother, sister, son, daughter, father -in -law, mother -in -law, brother -in -law, sister -in -law, son -in -law, or daughter - in-law of the person, by an agent on his /her behalf, by a general, limited, or silent partner of the person, by any business entity controlled by said person, or by a trust in which he /she has substantial interest. A business entity is controlled by a person if that person, his /her agent, or a relative as defined above possesses more than fifty percent (50 %) of the ownership interest. Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth more than One Thousand Dollars ($1,000.00). d. In the event a conflict of interest, as described in this Paragraph 14, cannot be avoided without frustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 9 above. Failure to file a disclosure statement required by this Paragraph 14 shall constitute grounds for termination of this Contract for cause by the State. 15. Compliance with Applicable Laws At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established. 16. Severability To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term nor as waiver of a subsequent breach of the same term. 17. Binding on Successors Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 18. Assignment Neither party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other party. 19. Limitation to Particular Funds The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate this Contract. 20. Minority Business Enterprise Participation It is the policy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient performance of this Contract. As used in this Contract, the term "minority business enterprise" means a business, at least fifty percent (50 %) of which is owned by minority group members, or, in the case of publicly owned businesses, at least fifty -one percent (51 %) of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish - speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not conduct an independent investigation. 21. Survival of Certain Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. 22. Successor in Interest In the event the Contractor is an entity formed under intergovernmental agreement and the Project is for the acquisition, construction or reconstruction of real or personal property to be used as a public facility or to provide a public service, the Contractor warrants that it has established protections that ensure that, in the event the Contractor entity ceases to exist, ownership of the property acquired or improved shall pass to a constituent local government or other eligible governmental successor in interest so that the property can continue to be used as a public facility or to provide a public service. Page 4 of 6 Pages SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims. damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination, Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24 -34 -402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto. the following provisions shall be contained in all State contracts or sub - contracts. 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, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will fumish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Govemor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. Form 6 -AC -0213 Revised 1/93 395 -53 -01 -1022 page 5 of 6 pages (g) In the event of the contractor's non - compliance with the non -discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders.promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The contractor will include the provisions of paragraphs (a) through (h) in every subcontract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. 'Mc contractor will take such action with respect to any subcontracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8 -17 -101 1k 102 for preference of Colorado labor are applicable to this contract if public works within the State arc undertaken hereunder and arc financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - residcnt bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended. but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102) GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in put shall be valid or enforceable or available in any action at law whether by way of complaint, defence, or otherwise. Any provision tendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution- 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 9. The signatories aver that they arc familiar with CRS 18 -8 -301, ct. seq., (Bribery and Corrupt Influences) and CRS 18- 8-401, cf. seq.. (Abuse of Public Office), and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractors: (Full Legal Name) CITY OF PUEBLO COLORADO Position 1c) PRES IT)ENT , CITY COUNCIL R4- 6000615 So W See.rit'" Number a federal I.D. Number If Corporation_) STATE OF COLORADO ROY MER,GOV R By '5 EXECLM I DIRECrO Attest (Seat) By t,o tc Scctctary. a Fquival To..n/Ciry unry Ckrt (Full Legal Namc) BOARD OF COUNTY COMMISSIONER COUNTY OF PUEBLO, COLORADO By [ Position C AIR 84- 6000797 S «tat Secretly Number « Federal I.D. Number If Corporation_) Attc,t (Scat) I �] cAr .ta .f , $&RT0 - Jciry --,y C rk GENERAL APPROVALS ATTORN Y GENERAL By !.LW4 E. K ASSENBURG Assistant Attorney G DEPARTMENT OF LOCAL AFFAIRS APPROVALS: ATE CO NTROLLER CON �,a Ir � kf k d t 4 I (� I h / By F..6-AC-02C .. r n e ral legal Services 6 R—o—A 1 M1 P}oc u-hirh i rhr 1,<r ..r EXHIBIT A SCOPE OF SERVICES A ND P AYM EN T SCH EIAF - #3041 EXHIBIT A Scone of Services The Project consists of providing financial support to Pueblo County and the City of Pueblo, Colorado, to foster coordination and assistance in management, planning and intergovernmental relations associated with general purpose government and energy /mineral impact activities within State Planning and Management Region 7. Pueblo County and the City of Pueblo are joint Contractors for the Project. Project activities shall be carried out by an incumbent project coordinator, who was hired jointly by the Contractors. In the event it becomes necessary to replace the project coordinator during the term of this Contract, the Contractors shall accomplish the hiring of a new project coordinator using a formal competitive selection process to screen, interview and hire or contract with a qualified candidate(s) or independent consultant(s) to fill the project coordinator position. As a mechanism to manage the Project, the Contractors have developed and agreed to, and the Department of Local Affairs has reviewed and accepted, a memorandum of agreement setting forth: a) arrangements between the Contractors for paying Project expenses; b) the frequency and content of performance evaluations of the project coordinator, as well as causes for reprimand and dismissal; and c) the method of resolution of disagreements between the Contractors. Under this memorandum of agreement a management committee has been established to supervise and evaluate the project coordinator and perform any other functions the Contractors agree to. The Contractors shall, within thirty (30) days following the execution of this Contract, develop, agree to, and submit to the Department of Local Affairs, Field Services Section, a memorandum of agreement between the Contractors setting forth a twelve (12) month work plan for utilizing the project coordinator's services during the course of this Project. Energy /Mineral Impact Assistance funds may be used to finance personnel costs for the project coordinator, support staff, in -state travel associated with the Project, and operating costs necessary and appropriate to accomplish the Project, excluding the purchase of capital equipment and the purchase, rental or lease of office space for use by Project personnel. Energy /Mineral Impact Assistance funds may be used to finance twelve (12) months of specified eligible Project costs up to a maximum of $70,000. The Contractors are responsible for any and all Project costs in excess of the State's contribution. The management of Project finances, including but not limited to receiving, disbursing, accounting and auditing, shall be the responsibility of the City of Pueblo. Copies of any and all contracts entered into by the Contractors in order to accomplish this Project shall be submitted to the Department of Local Affairs, Field Services Section, upon execution, and any and all contracts entered into by the Contractors or any of their subcontractors shall comply with all applicable Federal and Colorado State laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary. The Contractors shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non - discrimination on the basis of race, color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of the main body of this Contract, the Contractors agree to consider minorities or minority businesses as employees, specialists, agents, consultants, or subcontractors under this Contract. The Contractors may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non - discrimination and affirmative action requirements of the Contract and applicable statutes. Page 1 of 2 Pages EIAF - #3041 EXHIBIT A 3. 4. Time of Performance The Project will commence on January 1, 1995, upon the full and proper execution of this Contract. The Project shall be completed on or before December 31, 1995. However, the Project time of performance may be extended, subject to the mutual agreement of the State and Contractors. To initiate an extension, a written request for extension of the Project time of performance shall be submitted to the State by the Contractors at least thirty (30) days prior to December 31, 1995, and shall include a full justification for the extension request. Budget REVENUE EXPENDITURES Energy Mineral Impact $70,000 Salaries /Benefits $66,600 Assistance Grant Funds Travel 2,400 Operating Expenses 1.000 TOTAL $70,000 TOTAL $70,000 Payment Schedule $10,502 Initial payment to be made within thirty (30) days of the date of execution of this Contract. b. 55,998 Interim payments totaling $55,998 in three (3) equal installments of $18,666 each, to be paid on a quarterly basis. Payments shall be based upon demonstration of satisfactory work progress and upon properly documented financial and narrative status reports detailing expenditures made during the preceding three (3) month period submitted to and approved by the State. C. 3,500 Final payment to be made upon the completion of the Project. The Contractors shall submit a final financial and narrative status report documenting the expenditure of all Energy /Mineral Impact Assistance funds for which payment has been requested. $70,000 TOTAL 4 6. All requests for payment after the first payment shall be initiated by the Contractors in accordance with the provisions in Paragraph 6 of the main body of this Contract. Contract Monitoring The Department of Local Affairs shall monitor the Project on an as- needed basis. Reporting Schedule The Contractors shall submit financial and narrative status reports detailing Project progress and properly documenting all to -date expenditures of Energy /Mineral Impact Assistance funds at the time payment requests are made, in accordance with the payment schedule. Page 2 of 2 Pages