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HomeMy WebLinkAbout10937RESOLUTION NO. 10937 A RESOLUTION ACCEPTING A STATE AVIATION SYSTEM GRANT CONTRACT FROM THE COLORADO AERONAUTICAL BOARD AND THE DIVISION OF AERONAUTICS FOR FEDERALLY - FUNDED AIRPORT IMPROVEMENTS AND PAVEMENT MAINTENANCE AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE GRANT CONTRACT WHEREAS, 1. The General Assembly of the State of Colorado declared in Title 43 of the Colorado Revised Statutes, Article 10, 1991 ( "the Act ") in C.R.S. 43 -10 -101 "...that there exists a need to promote the safe operations and accessibility of general aviation in this state; that improvements to general aviation transportation facilities will promote diversified economic development across the state; and that accessibility to airport facilities for residents of this state is crucial in the event of a medical or other type of emergency... ". 2. The Act created the Colorado Aeronautical Board ( "the Board ") to establish policies and plans for the growth and development of aviation in the state, and to establish procedures for the administration and distribution of monies credited to the aviation fund to be used solely for aviation purposes at public - accessible airports, including procedures for the state aviation system grant program. SEE, C.R.S. 43 -10 -105 of the Act. 3. The Act created the Division of Aeronautics ( "the Division ") to support the Board in fulfilling its duties. The duties of the Division in supporting the Board include providing administrative support to the Board in the distribution of monies credited to the aviation fund for aviation purposes, providing advisory assistance to airports providing access to the public, including technical and planning assistance, and implementing /administering the state aviation system grant program established solely for aviation purposes. SEE, C.R.S. 43 -10 -103 and C.R.S. 43 -10 -108.5 of the Act. 4. Any entity operating a public - accessible airport in the state may apply to the Division for a state aviation system grant to be used solely for aviation purposes. SEE, C.R.S. 43 -10- 102(3) and 43 -10- 108.5(2) of the Act. 5. The Applicant is a public - accessible airport or an entity operating such an airport in the state and has filed an application with the Division and the Board for a state aviation system grant to be used solely for aviation purposes. 6. The Division is authorized to assist only those public - accessible airports or entities operating such airports that request assistance by means of a resolution passed by the governing board of the airport or entity and forwarded to the Division. SEE, C.R.S. 43 -10- 103(5) of the Act. 7. The Applicant understands that if it is awarded a grant by the State, any disbursement of grant funds to the Applicant shall be contingent upon the prior receipt by the State of a resolution that has been adopted by the duly authorized governing body of the Applicant and that expressly satisfies certain grant procedures and requirements, as described below. 8. The Applicant desires to request such grant assistance by means of a resolution passed by Applicant's duly authorized governing board, in order to comply with C.R.S. 43 -10- 103(5) of the Act and to satisfy certain grant procedures and requirements. The Applicant intends that the resolution: a) designate the individual authorized by the Applicant to execute the application on its behalf and to act in all related matters as the Applicant's Project Director for the project proposed in the Application, as described in the Division's Grant Program Project Management Manual ( "the Manual "); and b) commit the Applicant to comply with all terms and conditions of the application and all guidelines, policies, procedures, and requirements described in the Manual if a grant for the project is awarded to the Applicant by the Board; and C) obligate the Applicant to appropriate or otherwise make available in a timely manner sufficient funds, if any, that are required from the applicant for the application project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council of the City of Pueblo, the duly authorized governing body of the City of Pueblo as the grant Applicant, hereby formally accepts assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a State Aviation System Grant Contract ( "Contract "), a copy of which is attached hereto. The City of Pueblo states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. The President of the City Council is authorized to execute and deliver the Contract in the name of the City of Pueblo. SECTION 2. The City of Pueblo hereby designates Dan Centa as the Project Director, as described in the Project Manual, and authorizes the Project Director to act in all matters relating to the work project proposed in the Contract for and on its behalf. SECTION 3. The City of Pueblo has appropriated matching funds in the amount of $67,875.00, which will be expended from Projects AP0701 and AP0702. SECTION 4 The City of Pueblo hereby accepts all guidelines, procedures, standards, and requirements described in the Project Manual as applicable to the performance of the grant work and hereby approves the Contract, including all terms and conditions contained therein. INTRODUCED February 12, 2007 BY Michael Occiato Councilperson APPROVED: QZ& j p� el&xv — FFRESIDLINTof City Council ATTESTED BY: CITY CLERK (RES. iog31 [ FF 4 �� J, Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: February 12, 2007 DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E. TITLE A RESOLUTION ACCEPTING A STATE AVIATION SYSTEM GRANT CONTRACT FROM THE COLORADO AERONAUTICAL BOARD AND THE DIVISION OF AERONAUTICS FOR FEDERALLY - FUNDED AIRPORT IMPROVEMENTS AND PAVEMENT MAINTENANCE AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE GRANT CONTRACT ISSUE Should City Council accept assistance from the Colorado Aeronautical Board and Division of Aeronautics in the form of a state aviation system grant for projects at the Pueblo Airport. RECOMMENDATION Approval of this Resolution. City Council approved an application for grant assistance from the State on August 26, 2006. This grant is to assist the City with the matching funds for federally funded airport improvements. These improvements consist of the construction of Runway 17 -35 Parallel Taxiway (Phase 1) and a Helicopter Training Area. The grant will also fund the Runway 17 -35 Seal Coat Project. FINANCIAL IMPACT The grant is for $190,263. Federal funds are estimated at $1,059,250. The City's matching funds are $67,875. The City's matching funds will be expended from Projects AP0701 and AP0702. Era CQ 2 3 Ar,,? CDOT- Aeronautics Division Doc. No Contract Rout. No. COLORADO DEPARTMENT OF TRANSPORTATION Colorado Aeronautical Board GRANT AGREEMENT This Grant Agreement, made this day of 20072, by and between the State of Colorado for the use and benefit of the Department of Transportation- Aeronautics Division, hereinafter referred to as ( "the Division" or "the State ") and City of Pueblo hereinafter referred to as ( "the Grantee" or "the Contractor "). WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated or otherwise been made available and a sufficient uncommitted balance thereof remains in the Aviation Fund for encumbering and subsequent payment of the Agreement under GBL 2007.4437 Vendor ID 2000036 GL 4511000010 in Fund Number 160, Appropriation Code 033 and Organization Code V0093 -033. (Grant Agreement Encumbrance Amount $191263.0 WHEREAS, required approval, clearance and coordination has been accomplished from the Colorado Aeronautical Board, which is authorized to administer the state aviation system grant program ( "grant program ") solely for aviation purposes. NOW, THEREFORE, it is hereby agreed: 1. Scope of Work: 1) to participate in local match for federally - funded airport improvements; 2) to maintain and remark various airport pavements 2. Grant Budget State: $190,263.00 Local: $67,875.00 Federal: $1,059,250.00 3. In consideration of the obligation, City of Pueblo, the Grantee, upon performance in accordance with defined work scope, shall be reimbursed incrementally the amount of $190,263.00 proportionable to the State's share of participation upon satisfactory completion of performance. The liability of the State under this Agreement for any payments is limited to the amount encumbered pursuant to the budget set forth herein. The State share of actual costs incurred by the Grantee for the performance of the work shall not exceed the maximum amount described herein without the benefit of a written Contract Amendment executed by the State prior to the performance of additional activities or incurring of additional costs. 4. The Grantee shall provide "matching funds" as shown above, in the amount of $67,875.00. The governing body of the Grantee shall execute and provide to the State a resolution or other document as appropriate, which: obligates the full amount of the local share of the funds required by this Agreement, and which also authorizes a specific individual to execute the Agreement and bind the Grantee to its terms. The resolution hereby incorporated and attached as Exhibit A. 5. This Grant Agreement is effective upon approval by the State Controller or designee. The term shall continue through June 30. 2010 (Not to exceed five years). 6. Availability of Funds. Payment pursuant to this Grant Agreement is subject to and contingent upon the continuing availability of funds for the purposes hereof. If any of said funds become unavailable, as determined by the Division, either party may immediately terminate or seek to amend this Grant Agreement. 7. Record Keeping Requirements. The Grantee shall maintain a complete file of all records, documents, communications and other materials which pertain to the Grant Agreement for a period of three (3) years from the date of the final payment under this Agreement or the termination of the Agreement, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. All such records, documents, communications and other materials shall be the property of the State, and shall be maintained by the Grantee in a central location and the Grantee shall be the custodian on behalf of the State. 8. The Grantee shall permit the Division, the federal government or any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy or otherwise transcribe the Grantee's records during the term of this Agreement or final payment period of three (3) years following termination of this Agreement or final payment hereunder, whichever is later. The Grantee shall also permit these same described entities to monitor all activities conducted by the Grantee pursuant to the terms of this Agreement. 2 9. No employee, officer or agent of the Grantee shall participate in the selection, or in the award or administration of a contract or subcontract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a) the Employee, officer or agent; b) any member of the employee's immediate family; c) the employee's partner; or d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The Grantee's officers, employees or agent will neither solicit not accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. 10. Except as otherwise provided, the duties and obligations of the Grantee shall not be assigned, delegated, or subcontacted without the express prior written consent of this Division. Any subgrantees or subcontractors will be subject to the requirements of the Agreement. 11. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the Division and the named Grantee. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intention of the Division and the Grantee that any such person or entity, other than the Division or the Grantee, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 12. For the purpose of this Agreement, the person named below is designated the representative of the Grantee. All notices required to be given by the Division shall be given in writing to the representative named below. The Grantee may designate in writing a new or substitute representative: Dan Centa Project Director (print) 13. Any failure of either party to performance in accordance with the terms of this Agreement shall constitute a breach of the Agreement. Any dispute concerning the performance of the Agreement which cannot be resolved at a divisional level shall be referred to superior departmental management staff designated by the Division and the Grantee. Any of the parties to this Agreement shall have the right to terminate this Agreement by giving the other party a thirty (30) day written notice. If notice is given, the Agreement shall terminate at the end of Thirty (30) days, and the liabilities of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease.