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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