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HomeMy WebLinkAboutRES.936.06-06-1994 BILL NO. 94-142 RESOLUTION NO. � `'"� - a-i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION FOR ADMINISTRATION OF AN ACTION FUND GRANT UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract with the Southeast Missouri Regional Planning and Economic Development Commission for administration of an action fund grant under the Community Development Block Grant Program. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS i� - DAY OF - ,�/.�B , 19 `% . r A. , . Sp adling, III, or ATTEST: ��, � . ` �i* f �✓' ,� Gayle%'L. Conrad Deputy City Clerk ACTION FUND / COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION CONTRACT BY AND BETWEEN THE CITY OF CAPE GIRARDEAU CAPE GIRARDEAU, MISSOURI AND THE SOUTHEAST MISSOURI REGIONAL PLANI�IING AND ECONOMIC DEVELOPMENT COMMISSION PERRYVILLE, MISSOURI THIS AGREEMENT, entered into this day of March, 1994, by and between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City," and the Southeast Missouri Regional Planning and Economic Development Commission, with principal offices located in Perryville, Missouri, hereinafter referred to as the "Commission," witnesseth that: WHEREAS, the officials of the City of Cape Girardeau have expressed a desire to have professional assistance in the administration of an Action Fund Grant under the Community Development Block Grant Program for provision of funds to purchase machinery and equipment, as well as working capital, to Cape Central Publishing Company; and, WHEREAS, the Southeast Missouri Regional Planning and Economic Develop- ment Commission has the technical capabilities to provide such administrative assistance • and has in its employ Planners-In-Charge who have been certified by the State of Missouri as being qualified to participate in and direct federal grants-in-aid projects; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the parties, hereto, and legally intending to be bound thereby,do covenant and agree for themselves and their respective successors and assigns as follows: ARTICLE I EMPLOYMENT AND DUTIES OF COMMISSION (a)The City hereby agrees to engage the Commission and the Commission hereby agrees to do, perform, and carry out, in a.professional manner as set forth in "Scope of Page 1 of 11 pages Services" as defined in the attached Appendix A (which is appended hereto and made a part of this contract) in connection with the Action Fund Grant project for the City of Cape Girardeau to provide funds to purchase machinery and equipment, as well as working capital, to Cape Central Publishing Company. (b) The Commission will furnish a professionally qualified person who shall be called the Planner-In-Charge. All of the services required hereunder shall be performed under the direcrion of the Planner-In-Charge. The Commission's staff shall furnish personal services and time in the amount necessary to accomplish effectively the adminis- trative work proposed in this contract. The Commission shall secure at its own expense all personnel required to perform the services under this contract. Personnel performing or supervising the performance of engineering, architectural, legal, or other similar pro- fessional services, who by statute aze required to meet state qualifications, shall be registered or licensed when so required. The Planner-In-Charge of the work program covered by this contract shall be Thomas G. Tucker. In the event the Planner-In-Charge of this project shall die or otherwise become unavailable for any cause, the Commission shall furnish another Planner-In-Charge. (c) The work done by the Commission's staff and the Planner-In-Charge shall be under the supervision of the Executive Director of the Commission or such a qualified person as shall be designated by the Executive Director of the Commission and with concurrence of the o�cials of the City of Cape Girardeau. (d) None of the work or services covered by this contract shall be subcontracted without prior written approval from the City Council. (e) The scope of the work to be done under this contract shall be subject to modification and supplementation upon the written agreement of the duly authorized representatives of the contracting parties. However, should the contracting parties be unable to agree unanimously, then the recommendations of the City shall prevail, such recommendations to be given in writing. No modification of the terms of this contract shall be made that would change the total contract price, unless such changes, including any increase or decrease in the amount of the Commission's compensation, are mutually agreed by and between the Commission and the City and shall be incorporated in written amendments to this contract. (� The activities of the Commission's staff and associates shall be fully coordinated with the activities of the City Planner. The City Planner shall serve as the City's principal contact for administrative purposes of the project. As the work of the Commission's staff progresses, the Commission's advice on matters of immediate concem to the City officials and related to the specific program covered by this contract shall be made available to the appropriate officials during the period of the contract, but such advice shall not be required to be given if the time consumed in the giving thereof would impede progress of the specific work program covered by this contract. Page 2 of 11 pages (g) The work accomplished by the Commission under this contract shall be reviewed by the City Council periodically. The approval, disapproval, or suggestions of the Mayor shall be reported to the City Council at such times as the City Council may request. (h) The Commission shall provide copies of all interim and final reports, including progress reports, to City Council and the Mayor. (i) The Commission shall not assign any interest in this contract and shall not transfer any interest, whatscever, in the same (whether by assignment or novation), without the prior written consent of the City of Cape Girardeau thereto; provided, however, that claims for money due or to become due the Commission from the City under this contract may be assigned to a bank, trust company or other financial institution without such appr�val. Notice of any such assignment or transfer shall be furnished promptly to the City Council. (j) Any reports, data, et cetera, prepared or assembled by the Commission under this contract which the City officials request to be kept confidenrial shall not be made available to any individual or organization by the Commission without the prior written approval of the City Council. (k) The Commission shall save harmless the City from all suits, actions, or claims brought on account of any injuries or damages sustained by any person or property in consequence of any neglect or misconduct by the Commission or any employee, or on account of any claims or amount recovered for any infringement of patent, trademark, or copyright. The Commission shall not be released from such responsibility until all claims have been settled and suitable evidence to the effect furnished the City. (1) The Commission will repay any payments which, at the time the project is audited or at the time of final audit, are determined to be ineligible under this contract by the auditing firm. (m) The representative of the Commission, authorized by the Commission to execute and administer the terms and conditions of this contract, shall be Thomas G. Tucker,Executive Director, or if the position of Executive Director be vacated, the person authorized by the Commission as Acting Executive Director. Page 3 of 11 pages ARTICLE II CITY (a) The City agrees to make available to the Commission all fiscal records and data on file that will assist the Commission in the discharge of the services herein contracted. (b) The City, its off'icials and employees shall cooperate with the Commission in the discharge of their responsibilities under this contract and will be available for consultation with the Commission at such reasonable periods as not to conflict with their own responsibilities. (c) Officials of the City of Cape Girardeau agree and understand that neither the Commission nor its staff will complete any actual engineering as a part of this planning services contract and that the Project Engineer will be available to consult with the Com- mission's staff should actual engineering data be required to complete any progress reports required. No charges for the Project Engineer's time shall be chazged to this contract. (d) It is agreed between the parties that the City shall cause to be paid to the Commission the amounts indicated on monthly invoices, and that the monthly payments shall be considered as payment in full for Commission staff time, travel and per diem, overhead costs, costs for materials furnished for the project or other associated project costs. The Commission agrees to provide the necessary administrative services under this contract on a cost-reimbursable basis. This contract will not include the cost of the program audit as required by the Missouri Department of Economic Development, nor the cost for a cultural resource study. The costs for any public advertising, including any required public notices, advertising of bids, fair housing compliance, or environmental fmdings shall be paid by the City of Cape Girardeau. ARTICLE III EQUAL EMPLOYMENT OPPORTU1vITY In carrying out the project work, the Commission shall not discriminate against any employee or applicant for employment because of disability, age, race, sex, religion, color or national origin. The Commission will take affirmative acrion to ensure that applicants are employed, and that employees are treated during employment, without regard to their disability, age, race, sex, religion, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demorion, or Page 4 of 11 pages transfer; rates of pay or other fonns of compensation; the selection for training, including apprenticeship. The Commission agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Commission will, in all solicitations or advertisements, state that all qualified applicants will receive consideration for employment without regard to disability, age, race, sex, religion, color or national origin. The Commission shall include similar provisions in all subcontracts for services covered by this contract. ARTICLE IV INTEREST OF MEMBERS AND EMPLOYEES OF THE COMMISSION AND THE CITY OFFICIALS AND EMPLOYEES No officer or employee of the Commission or member of its goveming body who exercises any functions of responsibility in connection with the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. If any such member, officer, or employee presently has, or in the future voluntarily acquires, any such personal interest, he shall immediately disclose such interest to the City. Upon such disclosure, such member, officer or employee shall not participate in any action by the Commission affecting the carrying out of the project. No official or employee of the Commission and no official or employee of the City or its governing body and no other public official of the locality or localities in which the project is situated or being carried out who exercises any functions of responsibility in the review or approval of the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. ARTICLE V OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress of the United States of America nor the Legislature of the State of Missouri shall be admitted to any share or part hereof or to any benefit to arise herefrom. Page 5 of 11 pages ARTICLE VI IDENTIFICATION OF DOCUMENTS All reports or other documents completed as a part of this contract, other than documents exclusively for intemal use with the Commission, shall carry the following notation in the title block: This administrative project contracted through the Southeast Missouri Regional Planning and Economic Development Commission. The prepara- tion of this document was financed with�funds provided by the Missouri Department of Economic Development. along with the date (month and yeaz) the document was prepared. ARTICLE VII COPYRIGHT No reports or maps or other documents produced in whole or in part under this contract shall be the subject of an applicarion for copyright by or on behalf of the Commission. ARTICLE VIII TERMINATION OF CONTRACT (a) The Commission shall have completed all work covered by this contract and this contract shall terminate as specified in the contract unless extended by mutual consent of the City Council and the Commission. In the event that work is not completed by that date and mutual consent of the two parties for extension of the contract is not obtainable, the following procedures shall be followed: (1) if refusal to extend is by the Commission, paragraph (c) of this section shall apply; (2) if refusal to extend is by the City, paragraph (d) of this section shall apply. (b) This contract may be terminated prior to the expiration of the contract period mentioned by unanimous written agreement by the two parties of this contract; or, Page 6 of 11 pages (c) If, through any cause, the Commission shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Commission shall violate any of the covenants, agreements, or stipulations of this contract, the Ciry of Cape Girardeau there- upon shall have the right to terminate this contract by giving written notice to the Com- mission of such tennination. In such event, all finished and unfinished documents, data studies, surveys, drawings, maps, models, reports, photographs, et cetera, prepared by the Commission shall become the City's property and the Commission shall be entided to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Commission shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Commission and the City may withhold any payments to the Commission for the purpose of set-off until such time as the exact amount of damages.due the City from the Commission is determined. (d) T'he City may terminate this contract at any time by giving a written five (5) day notice to the Commission. If the contract is terminated by the City as provided herein, the Commission will be paid an amount which bears the same ratio to the total compensation as the services actually performed beaz to the total services of the Commis- sion covered by this contract, less payment of compensation previously made. ARTICLE IX OFFICE SPACE Tfie City of Cape Girardeau hereby agrees to make available to the Commission, without charge to the Commission,the space needed for compiling data from City records and the City hereby agrees not to include any charge for such space. The space shall be furnished only with available furniture and shall not include special equipment. Such space will be utilized by the Commission's staff on a periodic basis where there is a need to work on administrative matters and shall be for short periods of time. ARTICLE X TIME OF PERFORMANCE (a) The services of the Commission are to commence when notified in writing by the Mayor and shall be undertaken in such sequence as to assure their expeditious completion in the light of the purpose of this contract, but in any event, all of the services required hereunder shall be completed and submitted to the City on or before April 1, 1995, excepting that if work remains to be completed in order to close out the project, Page 7 of 11 pages then the contract continues to be a valid instrument until such time as the required work is completed. (b) In addition to charges for staff time required for carrying out the intent and purposes of the contract, other charges such as those for administration and bookkeeping, auditing, supplies, telephone charges, general overhead costs, and the like shall be con- sidered to be eligible cost chargeable to the contract. Eligible costs shall include payment for all travel and subsistence expenses incurred in the perfonnance of said services. ARTICLE XI COMPENSATION TO THE COMMISSION (a) It is agreed between the parties that the City shall pay to the Commission all expenses incuned in the execution of the work specified under this contract, which sum shall not exceed Five Thousand Dollars ($5,000.00). All requests for reimbursement under the terms of this contract shall be submitted to the City in writing, with appropriate documentation of work completed and expenses incuned. (b) Costs incurred prior to the execution of this contract may be considered as eligible project costs, provided they are incurred in conformity with the provisions of this contrac� (c) In addition to charges for staff time required for carrying out the intent and purposes of the contract, other chazges such as those for administration and bookkeeping, auditing, supplies, telephone charges, general overhead costs, and the like shall be considered to be eligible costs chazgeable to the contract. Eligible costs shall include payment for all travel and subsistence expenses incurred in the performance of said services. Extraordinary expenses incurred by direction of the City shall be paid by the City. Extraordinary expenses shall include travel directed by officials of the City, or their authorized representative or any staff time, which would not be carried out as a part of the normal responsibilities of the Commission. Schedule of Compensation This contract shall be a cost reimbursable contract. All billings submitted by the Commission will reflect staff time and overhead expenses involved in provision of administrative services. Payments to the Commission authorized under the terms of this contract shall be made in monthly payments for any months in which the Commission submits a written request for reimbursement. When the specified work is completed, either before, after or within the basic period of the contract, the Commission shall notify the City of final billing in writing and the Ciry shall acknowledge completion of the work Page 8 of 11 pages and termination of the contract in writing submitted to the Commission with the final reimbursement. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. CITY OF CAPE GIRARDEAU, SOUTI�AST MISSOURI REGIONAL MISSOURI PLANNING AND ECONOMIC DEVELOPMENT COMMISSION By B � ' �k���.�2,`-- . Y J. RONALD FISCHER, THOMAS G. TIJCKER, City Manager Executive Director Attest Attest 9� '��a��� fl����� MARY THOMPSON, KATHI�EEN M. HALL, City Clerk Executive Secretary Page 9 of 11 pages APPENDIX A Scope of Services This Scope of Services is appended to and made a part of a contract by and between the City of Cape Girardeau and the Southeast Missouri Regional Planning and Economic Development Commission for provision of administrarive services in conjunction with an Action Fund Grant project for the City under the Community Development Block Grant Program; pursuant to the terms hereof, said contract being dated March , 1994. 1. The Commission's staff will provide assistance in the area of financial management conceming the Action Fund Grant under the Community Development Block Grant Program. This will include such services as assistance from the Commission's staff in establishing accounting records necessary to provide for a clear audit trail; assist- ance in establishing the necessary checking accounts; assistance in preparation of documentation and the filing of all receipts, bills and purchase orders. The Commission's staff will also be available to assist in the development of necessary forms and reports including periodic progress reports required by the Missouri Department of Economic Development in conjunction with Circulars A-102 and A-87 of the U. S. Office of Management and Budget. 2. The Commission's staff will be available to assist in conducting any environmental review required as a part of this project and in ensuring that the City's project meets with the National Environmental Policy Act of 1969, as amended, and other related laws. 3. The Commission's staff will assist the City in ensuring that the City and the company, as well as the Commission, conduct all of their affairs with regards to civil rights compliance requirements and ensuring that nondiscrimination and equal opportunity, as well as affumative action activities,are carried out in accordance with federal law. The staff will be available to assist the City in preparation of various checklists and completion of forms in this regard. 4. The Commission's staff will prepare various public notices required to be published, assist in soliciting proposals from various consulting engineering firms for the design of the work, assist in publication and soliciting proposals for auditing of the contract for final close-out, and provide general management assistance to the City. Audit costs for the project are not included as a part of the Commission's administrative fees. The staff will be available to monitor progress for the project and to work with the City in ensuring that the project moves ahead as scheduled. 5. The Commission's staff will assist the City in carrying out any other reasonable contract requirements and in ensuring that the City faithfully carries out the intent and Page 10 of 11 pages purpose of the Action Fund Grant under the Community Development Block Grant Program under the terms and conditions of the Office of Management and Budget's Circulars A-102 and A-87 and other pertinent laws. Additionally, the Commission will assist in preparing any conespondence, completion reports, and progress reports. 6. Specifically excluded from the contract is the prepazation of or payment for a cultural resources study. Also excluded aze any personnel or travel costs for City officials and any equipment purchased by the City. Advertising costs for various required public notices and bidding are excluded from this contract and shall be paid by Cape Central Publishing Company. The final audit required of the Action Fund Grant will be included in the City's regular audit. Page 11 of 11 pages