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:
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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
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PRESI@ENTuf City Council
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PASSED AND APPROVED: February 23, 2009
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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
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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.
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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.
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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
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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
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