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HomeMy WebLinkAbout07789ORDINANCE NO. 7789 AN ORDINANCE ACCEPTING A STATE AVIATION SYSTEM GRANT AGREEMENT FROM THE COLORADO DEPARTMENT OF TRANSPORTATION COLORADO AERONAUTICAL BOARD FOR RUNWAY RECONSTRUCTION AT PUEBLO MEMORIAL AIRPORT, ESTABLISHING PROJECT AP0801- RUNWAY 8L/26R REHAB AND APPROPRIATING FUNDS TO THE PROJECT IN THE AMOUNT OF $289,474, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE GRANT AGREEMENT WHEREAS, 1. 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... ". 2. 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, C.R.S. 43 -10 -105 and C.R.S. 43 -10 -108.5 of the Act. 3. 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 and requirements as defined in the Division's Grant Program Project Management Manual, revised 1999, ( "the Manual "). NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1 _ The City Council of the City of Pueblo, the duly authorized governing body of the City of Pueblo as the grant Applicant, hereby formally accepts assistance from the Colorado Department of Transportation Colorado Aeronautical Board in the form of a State Aviation System Grant Agreement ( "Agreement "), a copy of which is attached hereto. The City of Pueblo states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City of Pueblo. SECTION 2. The City of Pueblo hereby designates the Director of Aviation as the Project Director, as described in the Project Manual, and authorizes the Project Director to act in all matters relating to the work project proposed in the Agreement for and on its behalf. SECTION 3. Project AP0801- Runway 8L/26R Rehab is hereby established and funds in the amount of $289,474 are hereby appropriated in the Aviation Grant Special Revenue fund. SECTION 4. The City of Pueblo hereby appropriates funds in the amount of $55,737 from the interest earnings of the Half Cent Sales Tax Fund and transfers those funds to Project AP0801. Funds in the amount of $89,000 will be transferred from Project CP0705 to Project AP0801. SECTION 5. The City of Pueblo hereby accepts all guidelines, procedures, standards, and requirements described in the Project Manual as applicable to the performance of the grant work and hereby approves the Agreement, including all terms and conditions contained therein. INTRODUCED Aoril14.2008 BY Judy Weaver Councilperson AP PROVE �. PPI`81f I T' i Lim] I PASSED AND APPROVED: AK ril 28. 2008 Oil] - 17 W° Background Paper for Proposed ORDINANCE AGENDA ITEM # ;�" DATE: April 14, 2008 DEPARTMENT: AVIATION - JERRY BRIENZA, DIRECTOR OF AVIATION TITLE AN ORDINANCE ACCEPTING A STATE AVIATION SYSTEM GRANT AGREEMENT FROM THE COLORADO DEPARTMENT OF TRANSPORTATION COLORADO AERONAUTICAL BOARD FOR RUNWAY RECONSTRUCTION AT PUEBLO MEMORIAL AIRPORT, ESTABLISHING PROJECT AP0801- RUNWAY 8L/26R REHAB AND APPROPRIATING FUNDS TO THE PROJECT IN THE AMOUNT OF $289,474, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE GRANT AGREEMENT ISSUE Should City Council accept assistance from the Colorado Department of Transportation Colorado Aeronautical Board in the form of a state aviation system grant for runway reconstruction at the Pueblo Airport. Approval of this Ordinance. BACKGROUND City Council approved an application for grant assistance from the State on August 27, 2007. This grant is to assist the City with the matching funds for a federally funded project to rehabilitate runway 8L/26R. FINANCIAL IMPACT The grant is for $144,737. Federal funds are estimated at $5,500,000. The City's matching funds are $144,737. Project AP0801- Runway 8L/26R Rehab will be established and funds for the state grant and local match in the amount of $289,474 will be appropriated in the Aviation Grant Special Revenue fund. Funds in the amount of $55,737 will be appropriated from the interest earnings of the Half Cent Sales Tax Fund and transferred to Project AP0801. Funds in the amount of $89,000 will be transferred from Project CP0705 to Project AP0801. 1> < CDOT- Aeronautics Division d Doc. No Contract Rout. No. fO AV 2grOCO43to COLORADO DEPARTMENT OF TRANSPORTATION Colorado Aeronautical Board GRANT AGREEMENT This Grant Agreement, made this day of 20tby and between the State of Colorado for the use and benefit of the De ment of Transportation- Aeronautics Division, hereinafter referred to as "the Division" or "the State ") and the City of Pueblo hereinafter referred to as ( "the Grantee" or "the Contractor "). WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated of otherwise been made available and a sufficient uncommitted balance thereof remains in the Aviation Fund for encumbering and subsequent payment of the Agreement under Vendor ID 2000036 Fund Number 160, GL No. 4511000010, and Organization Code V0092 -033. (Grant Agreement Encumbrance Amount $144,737.00 WHEREAS, required approval, clearance and coordination has been accomplished from the Colorado Aeronautical Board, which is authorized to administer the state aviation system grant program ( "grant program ") solely for aviation purposes. NOW, THEREFORE, it is hereby agreed: Scope of Work: 1) Local Match for runway reconstruction. 2. Grant Budget State: $144,737.00 Local: $144,737.00 Federal: $5,500,000.00 3. In consideration of the obligation, City of Pueblo, the Grantee, upon performance in accordance with defined work scope, shall be reimbursed incrementally the amount of $144,737.00 proportionable to the State's share of participation upon satisfactory completion of performance. The liability of the State under this Agreement for any payments is limited to the amount encumbered pursuant to the budget set forth herein. The State share of actual costs incurred by the Grantee for the performance of the work shall not exceed the maximum amount described herein without the benefit of a written Contract Amendment executed by the State prior to the performance of additional activities or incurring of additional costs. 4. The Grantee shall provide "matching funds" as shown above, in the amount of $144,737.00. The governing body of the Grantee shall execute and provide to the State a resolution or other document as appropriate, which: obligates the full amount of the local share of the funds required by this Agreement, and which also authorizes a specific individual to execute the Agreement and bind the Grantee to its terms. The resolution hereby incorporated and attached as Exhibit A. 5. This Grant Agreement is effective upon approval by the State Controller or designee. The term shall continue through June 30, 2011 (Not to exceed five years). 6. Availability of Funds. Payment pursuant to this Grant Agreement is subject to and contingent upon the continuing availability of funds for the purposes hereof. If any of said funds become unavailable, as determined by the Division, either party may immediately terminate or seek to amend this Grant Agreement. 7. Record Keeping Requirements. The Grantee shall maintain a complete file of all records, documents, communications and other materials which pertain to the Grant Agreement for a period of three (3) years from the date of the final payment under this Agreement or the termination of the Agreement, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. All such records, documents, communications and other materials shall be the property of the State, and shall be maintained by the Grantee in a central location and the Grantee shall be the custodian on behalf of the State. 8. The Grantee shall permit the Division, the federal government or any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy or otherwise transcribe the Grantee's records during the term of this Agreement or final payment period of three (3) years following termination of this Agreement or final payment hereunder, whichever is later. The Grantee shall also permit these same described entities to monitor all activities conducted by the Grantee pursuant to the terns of this Agreement. 9. No employee, officer or agent of the Grantee shall participate in the selection, or in the award or administration of a contract or subcontract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a) the Employee, officer or agent; b) any member of the employee's immediate family; c) the employee's partner; or d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The Grantee's officers, employees or agent will neither solicit not accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. 10. Except as otherwise provided, the duties and obligations ofthe Grantee shall not be assigned, delegated, or subcontacted without the express prior written consent of this Division. Any subgrantees or subcontractors will be subject to the requirements of the Agreement. 11. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the Division and the named Grantee. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intention of the Division and the Grantee that any such person or entity, other than the Division or the Grantee, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 12. For the purpose of this Agreement, the person named below is designated the representative of the Grantee. All notices required to be given by the Division shall be given in writing to the representative named below. The Grantee may designate in writing a new or substitute representative: Jerry Brienza Project Director (print) Signature 13. Any failure of either party to performance in accordance with the terms of this Agreement shall constitute a breach of the Agreement. Any dispute concerning the performance of the Agreement which cannot be resolved at a divisional level shall be referred to superior departmental management staff designated by the Division and the Grantee. Any of the parties to this Agreement shall have the right to terminate this Agreement by giving the other party a thirty (30) day written notice. If notice is given, the Agreement shall terminate at the end of Thirty (30) days, and the liabilities of the parties hereunder for further perfonmance of the terms of this Agreement shall thereupon cease. 3 ADDENDUM TO SPECIAL PROVISIONS (Replaces the first paragraph of Paragraph 3, captioned INDEMNIFICAT7ON, of the SPECIAL PROVISIONS) To the extent authorized bylaw, the Co of Pueblo shall indemnify, save and hold harmless the State, its employees and agents against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any actor omission by the Contractor, or its employees, agents, subcontractors or assignees pursuant to the terms of this contrail SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1). This contracLShall nor be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS 24 -30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds lot that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Contractor shall indemnity, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or Its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. [Applicable Only to lutergovernmentd Contracts] No term or condition of this contract shall he construed or Interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now Or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee, Neither contractor nor any agent or employee of contractor shall be or shall he deemed to be an agent or employee of die state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third I provides such coverage and [hat 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 agreement. 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 die state) and unemployment compensation Insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON - DISCRIMINATION. 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 provision 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 par[ shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. [Nor Applicable in Intergovernmental Cmuracrs] VENDOR OFFSET. CRS 24- 30-202 (1) and 24- 30- 202.4. The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages: (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21, Title 39, Cl (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a result of final agency determination or reduced tojudgmen6 as certified by the State Controller, 8, SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that 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 this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS 24 -18 -201 and 24-50-507. The signatories aver that to their knowledge. no employee of file State has any personal or heneficial interest whatsoever In the service or property described in this contract. 10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS —PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRS 8- 17.5 -101 and 24- 76.5 -101. Contractor certifies that It shall comply with the provisions of CRS 8- 17.5 -101 at seq. Contractor shall not knowingly employ or contract with an illegal alien to perform wok under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract Contractor represents, warrants, and agrees that it (1) has verified that it does not employ any Illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (if) otherwise shall comply with the requirements of CRS 8- 17.5- 102(2)(b). Contractor shall comply with all reasonable requests made in the course of an Investigation under CRS 8- 17.5 -102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8 -17.5- 101 at seq., shall be cause for termination for breach and Contractor shall be liable for actual and consequential damages. Contractor, if a natural person eighteen (1 8) years of age or older, hereby swears or affirms underpenalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (it) shall comply with the provisions of CRS 24 -76.5 -101 el seq., and (iii) shall produce one form of identification required by CRS 24- 76.5 -103 prior to the effective dote of this contract Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006 4 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT GRANTEE: STATE OF COLORADO City of Pueblo Aeronautics Division Director Department of Transportation B Authorized Signature Barbara vidmar President of city council Print Name of Authorized Officer (Place seal here, if available.) ATT T (Seal) by ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -202 requires that the State Controller approve all state contracts and agreements. The agreement is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the agreement is signed and date below. If performance beg! As prior to the date below, the State of Colorado may not be obligated to pay fetthe goods andsVyices provided. EXHIBIT A RESOLUTION 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..." 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. 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 and requirements as defined in the Division's Grant Program Project Management Manual, revised 1999, ( "the Manual "). 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. Each airport- operating entity that applies for and accepts a grant that it thereby makes a COMMITMENT a) to keep the airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements/ equipment; or b) to reimburse the Division for any unexpired useful life of the improvements/ equipment, or a pro -rata basis. 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. FURTHER BE IT RESOLVED: That the City of Pueblo hereby designates Dan Centra 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 contract. FURTHER: The City of Pueblo has appropriated or will appropriate or 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 contract. 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 contract submitted by the State, including all terms and conditions contained therein. Barbara Vidmar, President of City Council for The City of Pueblo, Grantee ATTES