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HomeMy WebLinkAbout07974ORDINANCE NO. 7974 AN ORDINANCE ACCEPTING GRANT AGREEMENT 09- PUB -01 IN THE AMOUNT OF $150,263 FROM THE COLORADO DEPARTMENT OF TRANSPORTATION COLORADO AERONAUTICAL BOARD FOR THE RAMP REHABILITATION (PHASE 1) AND FUEL FARM CONTAINMENT PROJECTS AT PUEBLO MEMORIAL AIRPORT 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 Acf') "...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: cFCTTnN 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. All expenditures from the Ramp Rehabilitation (Phase 1) project will be made from Capital Project AP0901, Ramp Rehabilitation 2009, as authorized in the 2009 adopted budget. All expenditures from the Fuel Farm Containment project will be made from Capital Project AP0902, Fuel Farm Containment, as authorized in the 2009 adopted budget. 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. SECTION 5. This Ordinance shall be effective upon final passage. INTRODUCED: February 9, 2009 BY: Randy Thurston Councilperson WWI PRESI@ENTuf City Council A,°TTr =STEDaY: t use C PASSED AND APPROVED: February 23, 2009 4 Background Paper for Proposed ORDINANCE AGENDA ITEM # 16 DATE: February 9, 2009 DEPARTMENT: DEPARTMENT OF AVIATION THOMAS MARTINEZ, INTERIM DIRECTOR TITLE AN ORDINANCE ACCEPTING GRANT AGREEMENT 09- PUB -01 IN THE AMOUNT OF $150,263 FROM THE COLORADO DEPARTMENT OF TRANSPORTATION COLORADO AERONAUTICAL BOARD FOR THE RAMP REHABILITATION (PHASE 1) AND FUEL FARM CONTAINMENT PROJECTS AT PUEBLO MEMORIAL AIRPORT 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 ramp rehabilitation and fuel farm containment at the Pueblo Airport? RECOMMENDATION Approval of this Ordinance. BACKGROUND City Council approved an application for grant assistance from the State on August 25, 2008. This grant will provide a portion of the matching funds for the Ramp Rehabilitation (Phase 1), as well as project funding for the Fuel Farm Containment project. The Fuel Farm Containment project will provide for the installation of a concrete secondary containment facility at the fuel farm. FINANCIAL IMPACT The total estimated cost of the ramp rehabilitation project is $1,371,765. Of this amount, $1,303,177 will be provided through a grant award from the FAA. This grant from the State of Colorado will provide one -half of the amount required to match the FAA grant award for this project. Total matching funds are $68,588, with this grant contributing $30,263. The remaining one -half of the matching funds shall be transferred from the City's Grant Matches - Airport project established in the 2009 adopted budget. The FAA grant is for more funds than anticipated, so a request will be sent to the State to increase the funding in their grant to cover 2.5% of the match. The estimated total cost of the Fuel Farm Containment project is $150,000. This grant will provide $120,000 of that cost, and will require matching funds from the City in the amount of $30,000. The City's matching funds have previously been appropriated in the Airport enterprise fund for 2009. r MAR 4 200 MAR 12 2009 CDOT- Aeronautics Division Doc. No Contract Rout. No. 0 H `/ 000 jP O CDAG No. 09- PUB -0I SAP PO No. � Q ! 000 cros COLORADO DEPARTMENT OF TRANSPORTATION Colorado Aeronautical Board This Grant Agreement by and between the State of Colorado for the use and benefit of the 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 V0099 -033. (Grant Agreement Encumbrance Amount $ 150,263.00 ). 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: 1. Scope of Work: 1) Match on FAA AIP 3.08.0046.29 & 3.08.0046.30 (Ramp rehab) 2) Fuel Farm Containment 2. Grant Budget State: $150,263.00 Local: $60,263.00 Federal: $1,150,000.00 1 r s 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 $150,263.00 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 $60,263.00. 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, 2012 (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 terms of this Agreement. 2 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: — Thomvs ` artinoz 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 (3 0) 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. M ADDENDUM TO SPECIAL PROVISIONS (Replaces the rust paragraph of Paragraph 3, captioned INDEMNIFIG 4 7 70N, of the SPECIAL PROVISIONS) To the extent authorized by law, the City of Pueblo shall indemnify, save and hold harmiess the State, its employees and agents against any and all claims, damages, liability and court awards including costs, expenses, and attomey fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors or assignees pursuant to the terms of this contract SPECIAL PR OVISIO NS These Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24 -30- 202(1). This contract shall not be 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 for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. 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, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 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 deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. Contractor 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. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain 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 provision, the State may exercise any remedy available at law or in 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 /CONFLICT OF INTEREST. CRS § §24-18 -201 and 24-50 -507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS § §24-30 -202 (1) and 24 -30- 202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (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 as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8- 17.5 -101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract through participation in the E- Verify Program or the Department program established pursuant to CRS §8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work 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 (a) shall not use E- Verify Program or Department program procedures to undertake pre - employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5- 102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8 -17.5 -101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this contract. Revised 1 -1 -09 N THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT GRANTEE: City of Pueblo BY: Authorized Signature Vera Ortegon Print Name of Authorized Officer STATE OF COLORADO U a-5 Aeronautics Division Director Department of Transportation President of City Council Print Title of Authorized Officer 4 A I Q A (Place-,s eal here, if available.) T (Seal) by ALL CONTRACTS MIDST BE APPROVE® - SY - .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 services provided. STATE CONTROLLER David J. McDermott, CPA 0� at a I I L7 O j 5