HomeMy WebLinkAbout07811ORDINANCE NO. 7811
AN ORDINANCE ACCEPTING STATE AVIATION SYSTEM GRANT AGREEMENT NO. 08 -PUB-
03 FROM THE COLORADO DEPARTMENT OF TRANSPORTATION COLORADO
AERONAUTICAL BOARD FOR THE PURCHASE OF A CRACK FILL MACHINE FOR PUEBLO
MEMORIAL AIRPORT, APPROPRIATING FUNDS IN THE AMOUNT OF $55,000, 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 described in
the Grant Agreement. 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 Scope of Work as described in the Agreement for and on its behalf.
SECTION 3.
Funds in the amount of $55,000 are hereby appropriated in the Aviation Grants Special
Revenue fund.
SECTION 4.
The City of Pueblo hereby accepts all guidelines, procedures, standards, and requirements
described in the Project Manual as applicable to the performance of the grant work and hereby
approves the Agreement, including all terms and conditions contained therein.
INTRODUCED May 12, 2008
PASSED AND APPROVED: Mav 27. 2008
D �
CD
Background Paper for Proposed
ORDINANCE
AGENDA ITEM #� ; I
DATE: May 12, 2008
DEPARTMENT: AVIATION - JERRY BRIENZA, DIRECTOR OF AVIATION
TITLE
AN ORDINANCE ACCEPTING STATE AVIATION SYSTEM GRANT
AGREEMENT NO. 08- PUB -03 FROM THE COLORADO DEPARTMENT OF
TRANSPORTATION COLORADO AERONAUTICAL BOARD FOR THE
PURCHASE OF A CRACK FILL MACHINE FOR PUEBLO MEMORIAL AIRPORT,
APPROPRIATING FUNDS IN THE AMOUNT OF $55,000, 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 the purchase
of a crack fill machine for the Pueblo Airport.
Approval of this Ordinance.
BACKGROUND
The Colorado Division of Aeronautics has had a pavement maintenance program in place
for several years. In the early 1990'x, the State assisted the airport in the purchase of a
crack fill machine. That machine is now at the end of its useful life and is in need of
replacement.
FINANCIAL IMPACT
The grant is for $55,000 with no local matching funds required. Funds will be
appropriated in the Aviation Grants Special Revenue Fund for this purchase.
J -
CDOT- Aeronautics Division
Doc. No
Contract Rout. No. O'$ F}rtd000c10
CDAG No. 08- PUB -03
SAP PO No. oZ 9, OCOA4gO
COLORADO DEPARTMENT OF TRANSPORTATION
Colorado Aeronautical Board
W1 6 1T.YUKTH RAW &I"
This Grant Agreement, made this day of 200, by and
between the State of Colorado for the use and benefit of t Department 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 or
otherwise been made available and a sufficient uncommitted balance thereof remains in
the Aviation Fund for encumbering and subsequent payment of the Agreement under
Vendor ID 5000129 Fund Number 160, GL No. 4511000010, and Organization Code
V0092 -033. (Grant Agreement Encumbrance Amount $ 55,000.00 ).
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) Purchase crack fill machine
2. Grant Budget
State: $55,000.00 Local: $0.00 Federal: $.00
3. In consideration of the obligation the City of Pueblo, the Grantee, upon
performance in accordance with defined work scope, shall be reimbursed incrementally
the amount of $55,000.00 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
$0.00. 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 tenmination of this Agreement or final
payment hereunder, whichever is later. The Grantee shall also permit these same
described entities to monitor all activities conducted by the Grantee pursuant to the terms
of this Agreement.
9. No employee, officer or agent of the Grantee shall participate in the selection, or
in the award or administration of a contract or subcontract supported by Federal funds if a
conflict of interest, real or apparent, would be involved. Such a conflict would arise
when:
a) the Employee, officer or agent;
b) any member of the employee's immediate family;
c) the employee's partner; or
d) an organization which employs, or is about to employ, any of the
above, has a financial or other interest in the firm selected for award.
The Grantee's officers, employees or agent will neither solicit not
accept gratuities, favors or anything of monetary value from
contractors, potential contractors or parties to subagreements.
10. Except as otherwise provided, the duties and obligations of the Grantee shall not
be assigned, delegated, or subcontracted 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
Director of Aviation
Project Director (print)
13. Any failure of either party to performance in accordance with the terms of this
Agreement shall constitute a breach of the Agreement. Any dispute concerning the
performance of the Agreement which cannot be resolved at a divisional level shall be
referred to superior departmental management staff designated by the Division and the
Grantee.
Any of the parties to this Agreement shall have the right to terminate this Agreement by
giving the other party a thirty (30) day written notice. If notice is given, the Agreement
shall terminate at the end of Thirty (30) days, and the liabilities of the parties hereunder
for further performance of the terms of this Agreement shall thereupon cease.
ADDENDUM TO SPECIAL PROVISIONS (Replaces the first paragraph of Paragraph 3, captioned INDEMNIFICA770N, of the SPECIAL
PROVISIONS)
To the extent authorized bylaw, the City of Pueblo shall indemnity, save and hold harmless the State, its employees and agents against
any and all claims, damages, liability and court awards including mists, 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 contract.
SPECIAL PROVISIONS
She Special Provisions apply to all contracts except where noted in italics.
I. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1). This contract shall not be deemed valid until it has been approved by the Colorado Stale
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
for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION. Contractor 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 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 Intergovernmental Contracts] 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, of the Colorado Governmental Immunity Act, CRS 24- 10-101 et
seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 in 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 in
employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the 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 []tat contractor and its employees am not entitled to unemployment insurance benefits unless contractor or a 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 agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep is
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 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. 9'he laws of the Slate 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, add 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
pan 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 extern 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, toles, and regulations that
have been or may hereafter be established.
7 [Not Applicable to Intergovernmental Contracts] 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
mrearages; (b) unpaid balances of tax, accrued Interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student
Loan Division of the Depamuent of Higher Education; (d) amounts required to be paid to tire Unemployment Compensation Fund; and (e) other
unpaid debts owing to the State Or its agencies, as a result of final agency determination or reduced to judgment, 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 the used for the acquisition, operation, or maintenance of computer software in violation of federal Lopvright laws or applicable licensing
restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems add
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 Ibis contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 2418 -201 and 24 -50 -507. The signatories aver that to their knowledge, no employee of the
Stare has any personal or beneficial 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 B- 17.5 -101 at seq. Contractor shall not knowingly employ or contract with an Illegal
alien to perform work under INS 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 (f) 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 (h) 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 (I8) year of age or older, hereby swears or affirms urnh rpenalty ofpemay that he or she 00 is a citizen or
otherwise lawfully present in the United States pursuant to federal law, (if shall comply with the provisions of CRS 24- 76.5 -101 "seq., and (iii) shall
produce one form of identification required by CRS 24- 76.5 -103 prior to the effective date of this contract.
Revised October 25, 2006 Effective Date of Special Provisions; August 7, 2006
4
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
GRANTEE:
City of Pueblo
STATE FCOLORADO
STATE au�s
Aeronautics Division Director
Department of Transportation
B
Authorized Signature
Barbara Vidmar
President of City rnnncil.
Print Name of Authorized Officer
A R
(Place seal here, if available.)
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 begins prior to the date below, the State of
Colorado may not be obligated to pay for the goods and /or serviceMrovided.
ST