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ORDINANCE NO. 9724
AN ORDINANCE ACCEPTING AND APPROVING
COLORADO DEPARTMENT OF TRANSPORTATION
AERONAUTICS DIVISION GRANT AGREEMENT NO. 20-
PUB-02 FOR FUNDS IN THE AMOUNT OF $98,575 TO
CONSTRUCT A WILDLIFE PERIMETER FENCE AT THE
PUEBLO MEMORIAL AIRPORT, BUDGETING AND
APPROPRIATING $98,575 TO PROJECT NO. AP1902,
INCREASING THE TOTAL AMOUNT IN THE WILDLIFE
PERIMETER FENCE PROJECT NO. 1902 TO $4,155,420,
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the General Assembly of the State of Colorado declared in Title 43 of
the Colorado Revised Statutes, Article 10, 1991 in C.R.S. §43-10-101 (the Act) “…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…”; and
WHEREAS, the Act created the Colorado Aeronautical Board (“the Board”) to
establish policy and procedures for distribution of monies in the Aviation Fund and created
the Division of Aeronautics (“the Division”) to carry out the directives of the Board,
including technical and planning assistance to airports and the administration of the state
aviation system grant program (See C.R.S. §43-10-103 and C.R.S. §43-10-105 and
C.R.S. §43-10-108.5 of the Act); and
WHEREAS, any eligible entity operating a public-accessible airport in the state
may file an application for and be recipient of a grant to be used solely for aviation
purposes; and
WHEREAS, the Division is authorized to assist such airports as request assistance
by means of a Resolution or Ordinance passed by the applicant’s duly-authorized
governing body, which understands that all funds shall be used exclusively for aviation
purposes and that it will comply with all grant procedures, grant assurances and
requirements as defined in the Division’s Program and Procedures Manual (“the Manual”)
and the Airport Sponsor Assurances for Colorado Discretionary Aviation Grant Funding
(“Grant Assurances”); NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council of the City of Pueblo, as a duly authorized governing body of the
grant applicant, hereby formally requests assistance from the Colorado Aeronautical
Board and the Division of Aeronautics (“Division”) in the form of a state aviation system
grant. 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. By signing the
Grant Agreement, the City of Pueblo commits to keep open and accessible for public use
all grant funded facilities, improvements, and services for their useful life, as determined
by the Division and stated in the Grant Agreement and Grant Assurances.
SECTION 2.
Grant Agreement No. 20-PUB-02 (the “Grant Agreement”) by and between the
Colorado Department of Transportation Aeronautics Division and the City of Pueblo, a
Municipal Corporation, a true copy of which is attached hereto and made a part hereof by
reference, having been approved as to form by the City Attorney, is hereby accepted and
approved.
SECTION 3.
The Mayor is hereby authorized to execute the Grant Agreement in the name and
on behalf of the City of Pueblo, where the Mayor may execute the Agreement by
electronic signature and such electronic signature shall be attributable to the Mayor and
the City of Pueblo.
SECTION 4.
The City of Pueblo hereby designates the Director of Aviation as the Project
Director, as described in the Manual, and authorizes the Project Director to act in all
matters relating to the work project proposed in the application on its behalf.
SECTION 5.
The City of Pueblo hereby accepts all guidelines, procedures, standards and
requirements described in the Manual as applicable to the performance of the grant work
and hereby approves the Grant Agreement submitted by the State, including all terms
and conditions contained therein.
SECTION 6.
Funds in the amount of $98,575 shall be accepted pursuant to the Grant
Agreement are hereby budgeted and appropriated to the Wildlife Perimeter Fence Project
No. AP1902.
SECTION 7.
Total funding in the Wildlife Perimeter Fence Project No. AP1902 is hereby
increased to $4,155,420.
SECTION 8.
The City of Pueblo has appropriated all funds that are currently required to be
provided by the Applicant under the terms and conditions of the Grant Agreement.
SECTION 9.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance and the attached Grant Agreement to
effectuate the transactions described therein.
SECTION 10.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 8, 2020 .
Final adoption of Ordinance by City Council on June 22, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on June 26, 2020 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 8, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Greg Pedroza, Interim Director of Aviation
SUBJECT: AN ORDINANCE ACCEPTING AND APPROVING COLORADO
DEPARTMENT OF TRANSPORTATION AERONAUTICS DIVISION
GRANT AGREEMENT NO. 20-PUB-02 FOR FUNDS IN THE AMOUNT OF
$98,575 TO CONSTRUCT A WILDLIFE PERIMETER FENCE AT THE
PUEBLO MEMORIAL AIRPORT, BUDGETING AND APPROPRIATING
$98,575 TO PROJECT NO. AP1902, INCREASING THE TOTAL AMOUNT
IN THE WILDLIFE PERIMETER FENCE PROJECT NO. 1902 TO
$4,155,420, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
Attached is an Ordinance accepting and approving a Colorado Department of
Transportation Aeronautics Division (“State”) grant agreement to construct a wildlife
perimeter fence at the Pueblo Memorial Airport, and budgeting and appropriating funds
into the project.
PREVIOUS COUNCIL ACTION:
City Council approved an application for supplemental funding under the Airport
Improvement Program (AIP) through Resolution No. 14065 on October 22, 2018. On
May 28, 2019, the City approved Ordinance No. 9461, establishing the Airport Wildlife
Fence Project No. AP1902, budgeting and appropriating funds for the design of the
project and approving a contract with Dibble and Associates Consulting Engineers. Due
to a change in expected funding sources, Resolution No. 14238 was approved by the City
on July 8, 2019, authorizing the filing of an application for federal assistance with the FAA
for the wildlife perimeter fence project. On September 9, 2019 the City approved
Ordinance No. 9535 accepting the FAA grant, Ordinance No. 9536 awarding a contract
to Kirkland Construction for the building of the perimeter fence, and Ordinance No. 9538
transferring surplus funds that were used for the design of the project back to the General
Fund.
BACKGROUND
The Federal Aviation Administration funded an Airport Improvement Program grant to
conduct a Wildlife Hazard Assessment at the Pueblo Memorial Airport (PUB). This Wildlife
Hazard Assessment indicated that wildlife presented a safety hazard to the operation of
aircraft and that a Wildlife Hazard Management Plan be written for PUB. A requirement
of the plan is to replace the barbed wire fence on the east, north, and west boundaries of
PUB with a wildlife fence to exclude hazardous mammal species.
This grant is for Phase 1 of the wildlife perimeter fence project, which is near completion.
The State could not commit funds to the project in 2019 but agreed to fund both Phase 1
and Phase 2 of the project this year. However, due to the pandemic and the CARES Act,
the FAA will be funding 100% of Phase 2, and so the State has only issued a grant for
Phase 1 of the project.
FINANCIAL IMPLICATIONS:
The grant is for $98,575, which is half of the matching funds for the FAA grant. The funds
will be budgeted into the Wildlife Perimeter Fence Project AP1902, which will increase the
total amount in the project to $4,155,420. The City’s matching funds are already in the project.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If City Council does not approve this Ordinance, the grant will be returned to the State
and the City will be responsible for 5% of the project.
RECOMMENDATION
The Department of Aviation recommends approval of this Ordinance.
Attachments:
Proposed Ordinance
Colorado Department of Transportation Aeronautics Division Grant Agreement No. 20-
PUB-02
Grant Certification Memo
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GRANT AWARD LETTER
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency Grant Amount
Colorado Department of Transportation,Colorado
Aeronautical Board,Division of Aeronautics State: $98,575.00
Grantee
City of Pueblo
Grant Issuance Date
The Effective Date
Grant Expiration Date Local Match Amount
June 30,2023
Local: $98,575.00
Grant Authority
Authority to enter into this Grant exists in CRS §43-
10-108.5 and funds have been budgeted,
appropriated and otherwise made available pursuant
to CRS §§39-27-112(2)(b),43-10-109,43-10-102
and a sufficient unencumbered balance thereof
remains available for payment. Required approvals,
clearance,and coordination have been accomplished
from and with appropriate agencies.
Grant Purpose
Element A: Participate in Federally Funded Wildlife Perimeter Fence(Phase I)
Element B: Participate in Federally Funded Wildlife Perimeter Fence(Phase II)
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
Exhibit A, Discretionary Aviation Grant Application
Exhibit B, Resolution
Exhibit C,Grant Assurances
Exhibit D,Sample Option Letter
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or
inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Provisions of the main body of this Grant
2. Exhibit A, Discretionary Aviation Grant Application
3. Exhibit B,Resolution
4. Exhibit C,Grant Assurances
5. Exhibit D, Sample Option Letter
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SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
GRANTEE STATE OF COLORADO
City of Pueblo Jared S. Polis,Governor
Department of Transportation
�..�,� , �.�,� VA S o COAL-
By: David R. Ulane,Aeronautics Division Director
for Shoshana M. Lew, Executive Director
Nicholas A. Gradisar, Mayor
By:Print Name&Title of Person Signing for Grantee
7/9/2020 7/27/2020
Date: Date:
SECOND GRANTEE—If Needed
N/A
By:Print Name&Title of Person Signing for Grantee
Date:
In accordance with §24-30-202,C.R.S.,this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
on C optirtvl,0
By: Department of Transportation
Lori Copeland,Accounting Controller
7/28/2020
Effective Date:
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1. GRANT
As of the Grant Issuance Date,the State Agency shown on the first page of this Grant Award Letter(the"State")
hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter(the "Grantee") an
award of Grant Funds in the amounts shown on the first page of this Grant Award Letter. By accepting the Grant
Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this
Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the Grant Issuance
Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in
accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Grant Award Letter by providing written notice to the Grantee in a form
substantially equivalent to Exhibit D.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as
determined by its Governor, General Assembly, the Colorado Aeronautical Board or Courts. If this Grant
Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this
Grant Award Letter are not appropriated,or otherwise become unavailable to fund this Grant Award Letter,
the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written
notice to Grantee that includes,to the extent practicable,the public interest justification for the termination.
If the State terminates this Grant Award Letter in the public interest,the State shall pay Grantee an amount
equal to the percentage of the total reimbursement payable under this Grant Award Letter that corresponds
to the percentage of Work satisfactorily completed, as determined by the State, less payments previously
made. Additionally,the State, in its discretion, may reimburse Grantee for a portion of actual,out-of-pocket
expenses not otherwise reimbursed under this Grant Award Letter that arc incurred by Grantee and are
directly attributable to the uncompleted portion of Grantee's obligations, provided that the sum of any and
all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection
shall not apply to a termination of this Grant Award Letter by the State for breach by Grantee.
3. PURPOSE
The General Assembly of the State of Colorado declared in Title 43 of the Colorado Revised Statutes,Article 10,
1991 in CRS§43-10-101 (the Act)"... 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..."
The Act created the Colorado Aeronautical Board("the Board")to establish policy and procedures for distribution
of monies in the Aviation Fund and created the Division of Aeronautics("the Division")to carry out the directives
of the Board, including technical and planning assistance to airports and the administration of the state aviation
system grant program. SEE CRS §43-10-103 and C.R.S. §43-10-105 and CRS §43-10-108.5 of the Act.
Any entity operating a public-accessible airport in the state may file an application for and be recipient of a grant
to be used solely for aviation purposes. The Division is authorized to assist such airports as request assistance by
means of a Resolution passed by the applicant's duly-authorized governing body,which understands that all funds
shall be used exclusively for aviation purposes and that it will comply with all grant procedures,grant assurances
and requirements as defined in the Division's Programs and Procedures Manual,("the Manual")and the Airport
Sponsor Assurances for Colorado Discretionary Aviation Grant Funding attached hereto as Exhibit C.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget"means the budget for the Work described in Exhibit A.
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B. "Business Day" means any day in which the State is open and conducting business, but shall not include
Saturday,Sunday or any day on which the State observes one of the holidays listed in §24-1 1-101(1),C.R.S.
C. "CJI"means criminal justice information collected by criminal justice agencies needed for the performance
of their authorized functions, including, without limitation, all information defined as criminal justice
information by the U.S. Department of Justice,Federal Bureau of Investigation,Criminal Justice Information
Services Security Policy, as amended and all Criminal Justice Records as defined under§24-72-302,C.R.S.
D. "CORA"means the Colorado Open Records Act, §§24-72-200.1,et. seq.,C.R.S.
E. "Exhibits"means exhibits and attachments included with this Grant as shown on the first page of this Grant.
F. "Extension Term" means the period of time by which the Grant Expiration Date is extended by the State
through delivery of an updated Grant Award Letter.
G. "Goods" means any movable material acquired,produced,or delivered by Grantee as set forth in this Grant
Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in
connection with the Services.
H. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all attached
Exhibits,all documents incorporated by reference,all referenced statutes,rules and cited authorities,and any
future updates thereto.
I. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Grant Award Letter.
J. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this Grant Award
Letter.
K. "Grant Issuance Date"means the Grant Issuance Date shown on the first page of this Grant Award Letter.
L. "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access or disclosure of State Confidential Information or of the unauthorized modification,
disruption,or destruction of any State Records.
M. "Initial Term"means the time period between the Grant Issuance Date and the Grant Expiration Date.
N. "Manual"means the Programs and Procedures Manual as approved by the Colorado Aeronautical board that
is available on the Colorado Division of Aeronautics' website.
O. "Matching Funds"means the funds provided by Grantee as a match required to receive the Grant Funds.
P. "Party"means the State or Grantee,and"Parties"means both the State and Grantee.
Q. "P11" means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual's identity,such as name,
social security number, date and place of birth,mother's maiden name, or biometric records;and any other
information that is linked or linkable to an individual, such as medical, educational, financial, and
employment information.PIl includes,but is not limited to,all information defined as personally identifiable
information in §§24-72-501 and 24-73-101 C.R.S.
R. "Services"means the services to be performed by Grantee as set forth in this Grant Award Letter and shall
include any services to be rendered by Grantee in connection with the Goods.
S. "State Confidential Information"means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to, PII, CJI, and State personnel records not
subject to disclosure under CORA. State Confidential Information shall not include information or data
concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to
CORA;(ii)is already known to Grantee without restrictions at the time of its disclosure to Grantee;(iii)is or
subsequently becomes publicly available without breach of any obligation owed by Grantee to the State;(iv)
is disclosed to Grantee,without confidentiality obligations,by a third party who has the right to disclose such
information;or(v)was independently developed without reliance on any State Confidential Information.
T. "State Fiscal Rules" means that fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a)C.R.S.
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U. "State Fiscal Year"means a 12 month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
V. "State Records" means any and all State data, information, and records, regardless of physical form,
including,but not limited to, information subject to disclosure under CORA.
W. "Subcontractor" means third-parties, if any, engaged by Grantee to aid in performance of the Work.
"Subcontractor"also includes sub-grantees.
X. "Work" means the delivery of the Goods and performance of the Services described in this Grant Award
Letter.
Y. "Work Product" means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code),research,reports,proposals,specifications,plans,notes,studies,data,images,photographs,negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other
results of the Work. "Work Product" does not include any material that was developed prior to the Grant
Issuance Date that is used,without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as
defined in that Exhibit.
5. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions
of Exhibit A. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods
or the performance of any services that are not specifically set forth in this Grant Award Letter.
6. PAYMENTS TO GRANTEE
A. Maximum Amount.
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. Financial obligations
of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse
Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant
Expiration Date;provided,however,that Work performed and expenses incurred by Grantee before the Grant
Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as
permitted by the terms of the Federal Award.
B. Increase or Decrease Quantities and Total Price-State's Option.
The State, at its discretion, shall have the option to increase or decrease the-quantity of goods/services
described in Exhibit A at the same rates and under the same terms specified in this agreement. In order to
exercise this option, the State shall provide written notice to Grantee in in form substantially equivalent to
Exhibit D prior to the end of the current Grant term. Delivery of Goods and performance of Services shall
continue at the same rates and terms as described in this Agreement.
C. Matching Funds.
Grantee shall provide the Local Match Amount shown on the first page of this Grant Award Letter and
described in Exhibit A(the"Local Match Amount").Grantee shall appropriate and allocate all Local Match
Amounts to the purpose of this Grant Award Letter each fiscal year prior to accepting any Grant Funds for
that fiscal year. Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash
reserves for payments in future fiscal years,and this Grant Award letter is not intended to create a multiple-
fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature,except as required by Grantee's laws or policies.
D. Reimbursement of Grantee Costs.
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described
in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the
Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal
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modification to this Agreement as long as the Grantee provides notice to the State of the change,the change
does not modify the total maximum amount of this Grant Award Letter or the maximum amount for any state
fiscal year,and the change does not modify any requirements of the Work.
E. Close-Out.
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete close out,
Grantee shall submit to the State all deliverables(including documentation) as defined in this Grant Award
Letter and Grantee's final reimbursement request or invoice.
7. REPORTING-NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial,performance and other reports to the State no later than the end of the close
out described in §6.E,containing an evaluation and review of Grantee's performance and the final status of
Grantee's obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State,all violations of federal or State criminal
law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State may
impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may
include,without limitation,suspension or debarment.
8. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written
materials,electronic media files,and communications,pertaining in any manner to this Grant for a period of
three years following the completion of the close out of this Grant. Grantee shall permit the State to audit,
inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee's
office or place of business,unless the State determines that an audit or inspection is required without notice
at a different time to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award Letter using
procedures as determined by the State. The State shall have the right, in its sole discretion, to change its
monitoring procedures and requirements at any time during the term of this Agreement. The State shall
monitor Grantee's performance in a manner that does not unduly interfere with Grantee's performance of the
Work.
C. Final Audit Report
Grantee shall promptly submit upon request to the State a copy of any final audit report of an audit performed
on Grantee's records that relates to or affects this Grant or the Work, whether the audit is conducted by
Grantee or a third party.
9. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain,and cause all Subcontractors to hold and maintain,any and all State Records
that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless
those State Records are otherwise publicly available at the time of disclosure or are subject to disclosure by
Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee's own
benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its
benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Award
Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all
policies promulgated by the Colorado Office of Information Security and all applicable laws,rules,policies,
publications,and guidelines.Grantee shall immediately forward any request or demand for State Records to
the State's principal representative.
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B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Grant Award Letter.
Grantee shall ensure all such agents, employees,assigns, and Subcontractors sign nondisclosure agreements
with provisions at least as protective as those in this Grant,and that the nondisclosure agreements are in force
at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information.
Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request.
C. Use, Security,and Retention
Grantee shall use,hold and maintain State Confidential Information in compliance with any and all applicable
laws and regulations in facilities located within the United States, and shall maintain a secure environment
that ensures confidentiality of all State Confidential Information wherever located.Grantee shall provide the
State with access, subject to Grantee's reasonable security requirements, for purposes of inspecting and
monitoring access and use of State Confidential Information and evaluating security control effectiveness.
Upon the expiration or termination of this Grant,Grantee shall return State Records provided to Grantee or
destroy such State Records and certify to the State that it has done so,as directed by the State. If Grantee is
prevented by law or regulation from returning or destroying State Confidential Information,Grantee warrants
it will guarantee the confidentiality of,and cease to use,such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State
regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State.
After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the
future as directed by the State, which may include, but is not limited to, developing and implementing a
remediation plan that is approved by the State at no additional cost to the State.
E. Safeguarding P11
If Grantee or any of its Subcontractors will or may receive P11 under this Agreement, Grantee shall provide
for the security of such P11,in a manner and form acceptable to the State,including,without limitation,State
non-disclosure requirements, use of appropriate technology, security practices, computer access security,
data access security, data storage encryption, data transmission encryption,security inspections, and audits.
Grantee shall be a"Third-Party Service Provider"as defined in §24-73-103(l)(i),C.R.S.and shall maintain
security procedures and practices consistent with §§24-73-101 et seq.,C.R.S.
10. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities,or maintain any relationships that conflict in any way with
the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to
this Grant, even the appearance of a conflict of interest shall be harmful to the State's interests and absent the
State's prior written approval,Grantee shall refrain from any practices,activities or relationships that reasonably
appear to be in conflict with the full performance of Grantee's obligations under this Grant. If a conflict or the
appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has
arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's
consideration.
I1. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance,by commercial policy or
self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-
101,et seq.,C.R.S. (the"GIA"). Grantee shall ensure that any Subcontractors maintain all insurance customary
for the completion of the Work done by that Subcontractor and as required by the State or the GIA.
12. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails to comply
with any term or condition of this Grant the State may terminate some or all of this Grant and require Grantee to
repay any or all Grant funds to the State in the State's sole discretion. The State may also terminate this Grant
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Award Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased performing
the Work without intent to resume performance, prior to the completion of the Work.
13. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, for all disputes concerning the performance of this Grant that
cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental
management staff member designated by the State and a senior manager or official designated by Grantee for
resolution.
14. NOTICES and REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party and shall provide
this information to the other Party. All notices required or permitted to be given under this Grant Award Letter
shall be in writing,and shall be delivered either in hard copy or by email to the representative of the other Party.
Either Party may change its principal representative or principal representative contact information by notice
submitted in accordance with this§14.
For the State: For Grantee:
Kaitlyn Westendorf, Aviation Planner Greg Pedroza
CDOT-Aeronautics Division Pueblo Memorial Airport
5126 Front Range Parkway 31201 Bryan Circle, Suite 200
Watkins,CO 80137 Pueblo,CO 81001
kaitlyn.westendorf@state.co.us gpedroza@pueblo.us
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to
sublicense,to make, use,reproduce, distribute, perform, display, create derivatives of and otherwise exploit all
intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds
provided by the State pursuant to this Grant.
16. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,their departments,
boards,commissions committees,bureaus,offices,employees and officials shall be controlled and limited by the
provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims
Act,28 U.S.C. Pt. VI,Ch. 171 and 28 U.S.C. 1346(b),and the State's risk management statutes, §24-30-1501,et
seq.C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver,express or implied,
of any of the immunities,rights,benefits,protections,or other provisions,contained in these statutes.
17. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or assigned without
the prior,written consent of the State. Any attempt at assignment or transfer without such consent shall be
void. Any assignment or transfer of Grantee's rights and obligations approved by the State shall be subject
to the provisions of this Grant Award Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,and shall not be
used to interpret,define,or limit its provisions.All references in this Grant Award Letter to sections(whether
spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections,
subsections,exhibits or other attachments contained herein or incorporated as a part hereof,unless otherwise
noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between the Parties related
to the Work,and all prior representations and understandings related to the Work,oral or written,are merged
into this Grant Award Letter.
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D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter,
which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties
may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant,
properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules.
E. Statutes,Regulations, Fiscal Rules,and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other
authority shall be interpreted to refer to such authority then current, as may have been changed or amended
since the Grant Issuance Date.Grantee shall strictly comply with all applicable Federal and State laws,rules,
and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Contract by reference.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or
enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect,
provided that the Parties can continue to perform their obligations under the Grant in accordance with the
intent of the Grant.
FI. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration
of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other
Party.
I. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above,this Grant Award Letter does not
and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any
services or benefits which third parties receive as a result of this Grant are incidental to the Grant,and do not
create any rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right,power,or privilege under this Grant Award Letter,whether
explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of
any right,power,or privilege preclude any other or further exercise of such right,power,or privilege.
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EXHIBIT A, DISCRETIONARY AVIATION GRANT APPLICATION
Colorado Division of Aeronautics
.3z Discretionary Aviation Grant Application
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APPLICANT SPONSOR: AIRPORT: IDENTIFIER:
City of Pueblo Pueblo Memorial Airport PUB
PROJECT DIRECTOR:Greg Pedroza
MAILING ADDRESS: EMAIL
31201 Bryan Circle, Ste. 200 ADDRESS: gpedroza@pueblo.us
Pueblo, CO 81001-4803 PHONE (719) 553-2757
NUMBER:
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TERMS
20-PUB-02 Execution Date: Expiration Date:
June 30, 2023
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Funding Source Funding Amount
State Aviation Grant: $98,575.00
Local Cash: $98,575.00
Local In-Kind: $0.00
Federal Aviation Grant: $5,765,906.00
Total Project Funding: $5,963,056.00
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0.00%
l w, $98,575.00 $98,575.00 $5,765,906.00 $5,963,056.00
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EXHIBIT B, RESOLUTION
RESOLUTION
WHEREAS:
The General Assembly of the State of Colorado declared in Title 43 of the Colorado Revised Statutes,Article 10,
1991 in CRS §43-10-101 (the Act)"... 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..."
The Act created the Colorado Aeronautical Board("the Board")to establish policy and procedures for distribution
of monies in the Aviation Fund and created the Division of Aeronautics("the Division")to carry out the directives
of the Board, including technical and planning assistance to airports and the administration of the state aviation
system grant program.SEE CRS §43-10-103 and C.R.S. §43-10-105 and CRS §43-10-108.5 of the Act.
Any eligible entity operating a public-accessible airport in the state may file an application for and be recipient
of a grant to be used solely for aviation purposes. The Division is authorized to assist such airports as request
assistance by means of a Resolution passed by the applicant's duly-authorized governing body,which understands
that all funds shall be used exclusively for aviation purposes and that it will comply with all grant procedures,
grant assurances and requirements as defined in the Division's Program and Procedures Manual,("the Manual")
and the Airport Sponsor Assurances for Colorado Discretionary Aviation Grant Funding("Grant Assurances")
attached hereto as Exhibit C.
NOW,THEREFORE, BE IT RESOLVED THAT:
The City of Pueblo, as a duly authorized governing body of the grant applicant, hereby formally requests
assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state aviation
system grant. 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.
By signing this Grant Agreement, the applicant commits to keep open and accessible for public use all grant
funded facilities, improvements and services for their useful life, as determined by the Division and stated in the
Grant Agreement and Grant Assurances.
FURTHER BE IT RESOLVED:
That the City of Pueblo hereby designates Greg Pedroza as the Project Director,as described in the Manual and
authorizes the Project Director to act in all matters relating to the work project proposed in the Application in its
behalf, including executions of the Grant Agreement and any amendments.
FURTHER:
The City of Pueblo has appropriated or will otherwise make available in a timely manner all funds, if any, that
are required to be provided by the Applicant under the terms and conditions of the Grant Agreement.
FINALLY:
The City of Pueblo hereby accepts all guidelines, procedures, standards, and requirements described in the
Manual as applicable to the performance of the grant work and hereby approves the Grant Agreement submitted
by the State, including all terms and conditions contained therein.
By:Nicholas A. Gradisar, City of Pueblo, Mayor Date:
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EXHIBIT C,GRANT ASSURANCES
Airport Sponsor Assurances for
Colorado Discretionary Aviation Grant Funding
Approved by CAB January 22,2018
I. APPLICABILITY
a. These assurances shall be complied with by Airport Sponsors in the performance of all projects at
airports that receive Colorado Department of Transportation — Division of Aeronautics (Division)
Colorado Discretionary Aviation Grant(CDAG)funding for projects including but not limited to: master
planning,land acquisition,equipment acquisition or capital improvement projects(Project). It is not the
intent of these Assurances to expand existing Federal Aviation Administration(FAA)Grant Assurances
for airports included in the National Plan of Integrated Airport Systems(NPIAS); as similar assurances
already exist for acceptance of FAA funding.
b. Upon acceptance of this grant agreement these assurances are incorporated in and become a part thereof.
IL DURATION
a. The terms, conditions and assurances of the grant agreement shall remain in full force and effect
throughout the useful life of the Project as defined in Table I (Useful Life), or if the airport for which
the Project is funded ceases to function as a public airport,for twenty(20)years from the date of Project
completion, whichever period is greater. However, there shall be no limit on the duration of the
assurances with respect to real property acquired with CDAG Project funds.
III. COMPLIANCE
a. Should an Airport Sponsor be notified to be in non-compliance with any terms of this agreement, they
may become ineligible for future Division funding until such non-compliance is cured.
b. If any Project is not used for aviation purposes during its Useful Life, or if the airport for which the
Project is funded ceases to function as a public airport, for twenty(20)years from the date of Project
completion or at any time during the estimated useful life of the Project as defined in Table I,whichever
period is greater, the Airport Sponsor may be liable for repayment to the Division of any or all funds
contributed by the Division under this agreement. If the airport at which the Project is constructed is
abandoned for any reason, the Division may in its discretion discharge the Airport Sponsor from any
repayment obligation upon written request by the Airport Sponsor.
IV. AIRPORT SPONSOR GRANT ASSURANCES
1. Compatible Land Use. Compatible land use and planning in and around airports benefits the state aviation
system by providing opportunities for safe airport development, preservation of airport and aircraft
operations,protection of airport approaches,reduced potential for litigation and compliance with appropriate
airport design standards. The airport will take appropriate action, to the extent reasonable, to restrict the use
of land adjacent to,in the immediate vicinity of,or on the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft.
2. On-Airport Hazard Removal and Mitigation. The airport will take appropriate action to protect aircraft
operations to/from the airport and ensure paths are adequately cleared and protected by removing,lowering,
relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
3. Safe,Efficient Use,and Preservation of Navigable Airspace. The airport shall comply with 14 CFR Part
77 for all future airport development and anytime an existing airport development is altered.
4. Operation and Maintenance. In regards to Projects that receive Division funding, the airport sponsor
certifies that it has the financial or other resources that may be necessary for the preventive maintenance,
maintenance,repair and operation of such projects during their Useful Life.
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The airport and all facilities which are necessary to serve the aeronautical users of the airport shall be operated
at all times in a safe and serviceable condition. The airport will also have in effect arrangements for:
a. Operating the airport's aeronautical facilities whenever required;
b. Promptly marking and lighting hazards resulting from airport conditions, including temporary
conditions;and
c. Promptly notifying airmen of any condition affecting aeronautical use of the airport.
5. Airport Revenues. All revenues generated by the airport will be expended by it for the capital or operating
costs of the airport, the local airport system, or other local facilities owned or operated by the owner or
operator of the airport for aviation purposes.
6. Airport Layout Plan(ALP). Once accomplished and as otherwise may be required to develop, it will keep
up-to-date a minimum of an ALP of the airport showing (I) boundaries of the airport and all proposed
additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for
airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed
airport facilities and structures(such as runways, taxiways, aprons, terminal buildings, hangars and roads),
including all proposed extensions and reductions of existing airport facilities; and (3) the location of all
existing improvements thereon.
7. Use for Aviation Purposes. The Airport Sponsor shall not use runways, taxiways, aprons, seeded areas or
any other appurtenance or facility constructed, repaired, renovated or maintained under the terms of this
Agreement for activities other than aviation purposes unless otherwise exempted by the Division.
TABLE 1
Project Type Useful Life
a. All construction projects(unless listed separately below) 20 years
b. All equipment and vehicles 10 years
c. Pavement rehabilitation(not reconstruction,which is 20 years) 10 years
d. Asphalt seal coat,slurry seal,and joint sealing 3 years
c. Concrete joint replacement 7 years
f. Airfield lighting and signage 10 years
g. Navigational Aids 15 years
h. Buildings 40 years
i. Land Unlimited
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EXHIBIT D, SAMPLE OPTION LETTER
State Agency Option Letter Number
Colorado Department of Transportation,Colorado Insert the Option Number(e.g. "i" for the first
Aeronautical Board,Division of Aeronautics option)
Grantee Original Agreement Number
Insert Grantee's Full Legal Name, including"Inc.", Insert CMS number or Other Contract Number of
"LLC",etc... the Original Contract
Current Agreement Maximum Amount Option Agreement Number
Initial Funding Insert CMS number or Other Contract Number of
State: $0.00 this Option
Modifications Agreement Performance Beginning Date
Option Letter 1 $0.00 The later of the Effective Date or Month Day,Year
Option Letter 2 $0.00
Option Letter 3 $0.00 Current Agreement Expiration Date
Option Letter 4 $0.00 Month Day,Year
Modified Agreement $0.00
Maximum Amount
1. OPTIONS:
Option to extend for an Extension"Term and/or add additional funds.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A):In accordance with Section(s)Number of the Original Agreement referenced
above,the State hereby exercises its option for an additional term,beginning Insert start date and ending
on the current Agreement expiration date shown above, at the rates stated in the Original Agreement,as
amended.
B. For use with Options 1(A): In accordance with Section(s) Number of the Original Agreement
referenced above,the State hereby exercises its option to Increase/Decrease the grant maximum amount
for a change in services as stated in the Original Agreement,as amended.
C. For use with all Option Letters: The Agreement Maximum Amount table on the Agreement's
Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount
table shown above and Exhibit A is hereby deleted and replaced with Exhibit A-ti incorporated and
attached hereto.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller,whichever is later.
STATE OF COLORADO In accordance with §24-30-202,C.R.S.,this Option
Jared S. Polis,Governor is not valid until signed and dated below by the State
Department of Transportation Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros,CPA, MBA,JD
By: David R. Ulane,Aeronautics Division Director
For Shoshana M. Lew,Executive Director By: —
Department of Transportation
Lori Copeland, Accounting Controller
Date:
Option Effective Date:
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