HomeMy WebLinkAbout07027ORDINANCE NO. 7027
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE OF COLORADO RELATING TO THE PUEBLO MOUNTAIN
PARK WILDFIRE MITIGATION PROJECT, AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
WHEREAS, City Council supported a grant application to the Colorado State Forest Service
to secure funding for wildfire mitigation at Pueblo Mountain Park; and
WHEREAS, the City of Pueblo has received a grant from the Colorado State Forest for
wildfire mitigation at Pueblo Mountain Park, subject to the execution of a Contract; and
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The grant Contract and Attachments between the City of Pueblo, a municipal corporation
and the Colorado State Forest Service, relating to wildfire mitigation at Pueblo Mountain Park
(Colorado State Forest Service Grant #03- 7590 -077), copies of which are attached hereto and
incorporated herein, having been approved as to form by the City Attorney, are hereby approved.
SECTION 2
The President of the City Council is hereby authorized to execute and deliver said Contract
and the Agreement attached thereto in the name of and on behalf of the City of Pueblo, a
Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same.
SECTION 3
Funds in the amount of $144,250 has been budgeted and appropriated in Project No. CP-
0218, and pledged to meet the City of Pueblo's financial obligations subject to the approval of this
Grant Agreement with the Colorado State Forest Service.
SECTION 4
The ordinance will become effective upon final passage.
INTRODUCED July 14, 2003
BY Al Gurule
Councilperson
APPROVED:
President of City Council
ATTEST:
1
PASSED AND APPROVED July 28. 2003
PROJECT AWARD
between
City of Pueblo
and the
COLORADO STATE FOREST SERVICE
Award Number: 7590 -077
Estimated Project Cost $100,000
Federal (NIP) Award: $50,000
Minimum Recipient Match: $50,000
0 m 0 m 0 0 W
THIS PROJECT AWARD is made and entered into this 28th day of July 2003, by
and between City of Pueblo, herein referred to as the "Recipient," and Colorado State Forest Service.
PURPOSE: The mission of the Colorado State Forest Service (CSFS) is to achieve stewardship of
Colorado's environment through forestry outreach and service. Therefore, CSFS is responsible for
reducing the impacts of wildfires on Colorado's communities and environment. The CSFS is also
responsible for implementing Colorado's portion of the National Fire Plan in firefighting, rehabilitation
and restoration, hazardous fuel reduction, community assistance, and accountability. The CSFS will
achieve much of this effort through cooperators and partners.
CSFS has received Federal funds from the United States Department of Agriculture (USDA) for
accomplishing the purposes of National Fire Plan. These funds have come from the USDA - Forest
Service, as authorized by the Cooperative Forestry Assistance Act of 1978, Public Law 95 -313; Food,
Agriculture, Conservation, and Trade Act of I990, as amended, Public Law 101 -624 (CFDA# 10.664).
The Recipient has submitted a proposal to CSFS that addresses the mission, goals and purposes or the
National Fire Plan. The proposal has been reviewed and accepted by CSFS during an open and
competitive grant application process. The Recipient's proposal, including any revisions that may have
been made to date, is hereby incorporated by reference and serves as the basis for this award The
proposal, as approved, includes a "work plan and expenditure schedule", and a "proposal budget ".
Page 1 of 1
The parties agree to the following:
I. The Recipient agrees to:
A. Implement the approved proposal, included as "Attachment A" to this award.
B. Monitor to ensure significant progress by September 30, 2003.
C. Complete and submit to CSFS periodic Grant Report(s)/Reimbursement Request(s), as needed,
and a "Close-out Report" that provide details on expenditures and accomplishments resulting
from the implementation of this award.
D. Submit "Grant Report(s)/Reimbursernent Request(s)," and "Close -out Report" to CSFS
District Office:
E. As a condition of this award, the recipient assures and certifies that grant funds and match will
be expended in accordance with OMB Circular A -87, and, furthermore, that it is in compliance
with, and will comply in the course of the award with, all applicable laws, regulations,
Executive Orders and other generally applicable requirements, including those set out in 7 CFR
3015, 3017, 3018, 3019, 3051 and 3052, and OMB Circulars A -102 and A -133, which hereby
are incorporated in this award by reference, and such other statutory provisions as are
specifically set forth herein.
F. Comply with the assurances and certifications, included as "Attachment B" to this award.
lI. The Colorado State Forest Service agrees to:
A. Make funds available to the Recipient, not to exceed $50,000, to be used for implementation
of this award, as described in Attachment A.
B. Make payments to the Recipient upon receipt and approval of applicable Grant
Report(s)/Reimbursement Request(s), including Expense Record(s) and Close-out Report.
III. It is Mutually Understood and Agreed:
A. Award Period: This award is in effect on the date first written above, and will remain in
effect until September 30, 2003. It may be amended at any time (through September 30, 2003),
as mutually agreed by both parties, in writing.
B. Extension of Award Period: This award may be extended beyond September 30, 2003 if the
Recipient has shown significant progress toward completion of the award elements. Extension
must be requested and mutually agreed upon prior to September 30, 2003.
C. Termination: This award may be terminated by either party upon thirty days notice in writing
to the other party. In addition, it is mutually understood and agreed that the Colorado State
Forest Service may terminate its involvement in the project for any of the following reasons:
1. Failure of Recipient to continue to meet CSFS criteria, as set forth in grant application
2. Failure of Recipient to generate community commitment or progress on goals as outlined in
approved grant proposal and/or the approved plan of work.
Page 2 of 1
3. Breach by Recipient of any of the terms of this award. (If termination is for non-
compliance, the Recipient may be required to refund any payments made under this
award)
4. Differences between Recipient and the CSFS, which, while not amounting to breach of
award, nevertheless make it, in the opinion of the CSFS, difficult or undesirable for
the relationship to continue.
D. Give the CSFS and USDA -FS or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers, or documents
related to this award. Retain all records related to this award for a period of three years after
completion of the terms of this award in accordance with the applicable OMB Circular: A -102
(governments) or A -110 (nonprofit organizations).
E. Recipient will hold and save the CSFS free from any and all claims or causes of action
whatsoever resulting from the obligations undertaken by it under this award or resulting from
the work provided for this award.
F. Acceptance of funding through this award may be considered income by the IRS. The
Recipient should consult with a tax advisor.
IN WITNESS THEREFORE, the parties hereto have executed this award on the day, month and
year written above.
Colorado State Forest Service
BY:
James E Hubbard
State Forester
Legal Sufficiency [If over $50,0001
Ken Salazar — Attorney General, State of Colorado
By:
Robert Schur — Univ. Contracts
City of Pueblo
Bill Sova, S1 e of the City
BY:
Project resentative
On: 7. 3(•D
(date)
State Con ler or designee
by
/ 01t 3
On: July 28, 2003
(date)
Attachments:
A - Approved Project (includes original proposal and any revisions; a "Detailed Work Plan and
Expenditure Schedule, and a Proposal Budget, if applicable)
B — Assurances and Certification Regarding Debarment, etc.
C — W -9 Form
D — Grant Report/Reimbursement Request Form (duplicate as necessary)
E — Criteria and Information
Page 3 of 1
THIS PROJECT AWARD AGREEMENT CONTAINS THE FOLLOWING ATTACHMENTS:
1. Special Provisions page
2. Attachment A, Project Application (includes original proposal and any revisions; a
"Detailed Work Plan and Expenditure Schedule, and a Proposal Budget, if applicable)
3. Attachment B 1 - Assurances — Non - Construction Programs (Form 424B)
4. Attachment B2 - Certificate Regarding Drug -Free Workplace Requirements (Grants)
Alternative 1- For Grantees Other Than Individuals (Form AD -1049)
5. Attachment B3 - Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion — Lower Tier Covered Transactions (Form 1048)
6. Attachment B4 - Certification Regarding Lobbying for Contracts, Grants, Loans and
Cooperative Agreements
7. Attachment C - Request for Taxpayer Identification Number and Certification (Form
W -9)
8. Attachment D, Grant Report/Reimbursement Request Form (duplicate as necessary)
9. Attachment E, 2003 Colorado Competitive Grant Criteria and Information
Y•
SPECIAL PROVISIONS
(For Use Only with Inter - Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24- 30402 (1)
This contract shall not be deemed valid until it has ' been approved by the Controller of the State of Colorado or such
assistant as he may designate.
2. FUND AVAILABILITY. CRS 24- 30-201 (5.5)
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.
3. INDEMNIFICATION. "
To the extent authorized bylaw, the contractor shall indemnify, save, and hold harmless the State against coy and all
claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any
act or omissiou by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
contract
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, protection, or other provisions for the parties, of the Colorado Governmental Immunity
Act, CRS 24 -10 -101 at seq. or the Federal Ton Claims Act, 28 U.S.C. 2671 et seq, as applicable, as now or"hereatter
amended.
4. INDEPENDENT CONTRACTOR 4 CCR 801 -2
'ME CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE
DEEMED 70 BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED
EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS
CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT
THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO
AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING
EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF
THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.. -
5. NON - DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.
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 provisiotr 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 part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or
otherwise. Any provision rendered nll 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.
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.
7. SOFTWARE PIRACY PROHIBITION GOVERNOR'S EXECUTIVE ORDER
No State or other public funds payable under this Contract. shall be used for the acquisition, operation or
maintenance of.compmer software in violation of United States copyright laws or applicable licensing restrictions.
The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor bas in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that the
Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under
this Contract, including, without limitation, immediate termination of the Contract and any remedyy consistent with
United States copyright laws or applicable licensing restrictions.
8.EMPLOYEE FINANCIAL INTEREST. CRS 24- 18-101 & CRS 24- 50-507
The signatoriesaver that to thew knowledge, no employee of the State of Colorado has any personal or beneficial
interest whatsoever in the service or property described herein.
Special Provisions
CSU:
Recjpie t:
2003 Western States Wildland Urban Interface
Grant Program
Attachment A
State Information for: 03- 197590 -077
State Contact: State priority for this application:
Name: John Grieve
1 Address: Colorado State Forest Service
515 McDaniel Blvd.
Pueblo, CO 81212
Phone: 719 275-6865
E -Mail: csfsc rmi.net
it Name:
Person:
Address:
Phone:
E -Mail:
03 Application Forri Page 1
Community Information
Community Name: Pueblo Mountain Park, Beulah, CO
County: Pueblo Congressional District: #3
Community Population: 144,383 Homes Protected: 10 structures & 55 acres fuels mitigation
hat organization in the community is providing leadership for the project
Homeowners Association
Fire Department or Protection District
Local Government City of Pueblo
County Government:
Corporation
Private Individual
3
Hazard Description (Check
a ro
riate type of interface)
Interface:
X
Intermix:
Occluded Interface:
Rural Interface:
Threat Description (Check what is threatened)
Homes:
Businesses:
Watersheds:
Infrastructure: X
Economic Viability:
03 Application Forri Page 1
Project Summary
Project Revenue
Project Type (Check only the primary type): refer to criteria information
5
Assessment/Scoping:
Contributors
Planning:
In -Kind
Information /Education:
Implementation/Treatment: X
$50,000
Monitoring /Evaluation:
PROJECT DESCRIPTION
How will you mitigate the threats checked in Block 3?
$50,000
The project will establish defensive spaces for ten structures located in Pueblo Mountain Park within
Dollars Hard Match
20 acres, and fuels mitigation on 55 acres within the southern 300 acres of the park. The The State
Forest Service will design and mark the defensible space areas, followed by the City of Pueblo
4
contracting the cutting and removal of trees, and completing the project by having the Mountain Park
caretakers and the local Youth Offender Program remove and dispose of understory growth.
Give a brief description of the project steps and activities to achieve objectives.
The project will include the following work tasks: 1) Design of the 10 defensible space areas and fuel
mitigation areas by CSFS staff; 2) Marking of trees and understory vegetation to be removed; 3)
Contractor will cut and remove trees according to defensible space plans; 4) City staff and Youth
$10,000
Offender Program participants will remove understory per defensible space plan and dispose of slas
In -Kind Soft Match
Time -line for meeting the steps listed above. Include major milestones, accomplishments and
c ompletion date.
omplete grant agreement January'03 to February'03
te defensible space plan March '03
ete marking of trees April'03 Contractor
Pueblo Mountain Park Caretakers (3800 hrs 4118.89 per hr.)
L cut d remove trees May'03 through Juty'03 Removal & disposal of
$68,000
material June'03 through August'03 Close out gram project
City's Log Truck
ber'03
Contributors
Project Revenue
Name the private, local, tribal, state, and /or federal organizations that are contributing or participating
5
in getting the project done.
Contributors
The City of Pueblo is working with the Colorado State Forest Service (John Grieve) and the Pueblo
In -Kind
County Office of Emergency Management (Steve Douglas, Director) to complete this project.
Project Revenue
Contributors
Grant Cash I
In -Kind
Total
WSW
$50,000
$50,000
Dollars Hard Match
City of Pueblo
$10,000
$10,000
In -Kind Soft Match
City of Pueblo
Pueblo Mountain Park Caretakers (3800 hrs 4118.89 per hr.)
$66,000
$68,000
6
City's Log Truck
50 days Q s15o per day
$7,500
$7,500
Chain Saws & other eq.
50 days Q $25 per day
$1,250
1 $1,250
Administrative
50 hours QS30 per hour
$1,500
$1,500
Youth Offender Prog.
15 workers for 10 days Q $800 per day donated in -kind
$6,000
$6,000
Total
$50,000 1 $10,000 1
$84,250
$144,250
8
Pro
Oct Costs
The Western States Wildland funds ($50,000) will be used to contract the cutting and removal of the
Contributors
Grant
within Pueblo Mountain Park. The defensible space sites include a caretaker house that is being
Cash
used as an environmental center, the historic Horseshoe Lodge, the Pavilion Building, Administrative
In -Kind
Buildings, Fire Tower, Water Treatment Reservoir Building, Lower Pond Pump House, Picnic
Total
Shelters (2), and the Ballfield and picnic area. Pueblo Mountain Park and all of the structures are
listed on the National Register of Historic Places. The fuels mitigation will cover approximately 55
acres of identified concentrations of standing dead and fallen dead trees within the southern 300
acres of the park, as well as along access roads in the park. The Pueblo Mountain Park caretakers
(4) will assist in the tree removal and will be responsible for the cutting and removal of the understory
Cooperators Salary/
W ages/Benefits es/Benefiits
days of work to cut and remove understory material in conjunction with the Park caretakers.
$1,500
The Canon City office of the Colorado State Forest Service will complete the design and marking of
$1,500
he ten defensible space areas and fuels mitigation areas.
Park Caretakers
$68,000
$68,000
Operating 5perating Expenses
$3,000
$8,750
$11,750
Contractual Services
7
Private Contractor
Youth Offender
$50,000
$50,000
$6,000
$6,0001
$12,000
Capital Expenses
Indirect Costs
CSFS design & marking
trees
$1,000
$1
otal
F $50,000
$10,000
$84,250
______ Lj144,250 JJ
8
Additional Comments
The Western States Wildland funds ($50,000) will be used to contract the cutting and removal of the
trees, assist with equipment rental costs, and the design and marking for the 75 -acre project area
within Pueblo Mountain Park. The defensible space sites include a caretaker house that is being
used as an environmental center, the historic Horseshoe Lodge, the Pavilion Building, Administrative
Buildings, Fire Tower, Water Treatment Reservoir Building, Lower Pond Pump House, Picnic
Shelters (2), and the Ballfield and picnic area. Pueblo Mountain Park and all of the structures are
listed on the National Register of Historic Places. The fuels mitigation will cover approximately 55
acres of identified concentrations of standing dead and fallen dead trees within the southern 300
acres of the park, as well as along access roads in the park. The Pueblo Mountain Park caretakers
(4) will assist in the tree removal and will be responsible for the cutting and removal of the understory
material. This will total 3,600 hours at $18.90 per hour of work between April and October, 2003.
he Youth Offender program is charging the City 50% of the volunteer rate of $12.00 per hour. Ther
days of work to cut and remove understory material in conjunction with the Park caretakers.
The Canon City office of the Colorado State Forest Service will complete the design and marking of
he ten defensible space areas and fuels mitigation areas.
Submit Applications through your local Colorado State Forest Service District Office
03 Application Form.xls Page 3