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HomeMy WebLinkAbout08091ORDINANCE NO. 8091 AN ORDINANCE APPROVING CONTRACT AMENDMENT NO. 1 TO STATE GRANT CONTRACT NO. 09- PUB -01 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, APPROPRIATING AND BUDGETING AN ADDITIONAL $4,031, INCREASING THE FUNDING AMOUNT IN CAPITAL PROJECT NO. AP0901, RAMP REHABILITATION 2009, TO $1,398,365, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, City Council accepted and approved a State Aviation System Grant to match FAA AIP 29/30 and participate in a fuel farm containment project and WHEREAS, both parties wish to increase the grant funds by $4,031; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Contract Amendment No. 1 to State Grant Contract No. 09- PUB -01 between the City of Pueblo, a Municipal Corporation, and the Colorado Department of Transportation Colorado Aeronautical Board to match FAA AIP 29/30, and participate in a fuel farm containment project, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds in the amount of $4,031 are hereby appropriated and budgeted to and authorized to be expended from Capital Project No. AP0901, Ramp Rehabilitation 2009 and the project funding amount is hereby increased by $4,031 to $1,398,365. CF.CTt( The President of City Council is hereby authorized to execute said Contract Amendment No. 1 on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City to the Contract Amendment No. 1 and attest the same. A77TSTDD SY: CITY CLERK INTRODUCED: October 13, 2009 BY: Judy Weaver COUNCILPERSON APPR D' 40, �- PRESIDENTof City Counrit PASSED AND APPROVED: October 26, 2009 4 Background Paper for Proposed ORDINANCE AGENDA ITEM # S -3 DATE: October 13, 2009 DEPARTMENT: DEPARTMENT OF AVIATION THOMAS MARTINEZ, INTERIM DIRECTOR TITLE AN ORDINANCE APPROVING CONTRACT AMENDMENT NO. 1 TO STATE GRANT CONTRACT NO. 09- PUB -01 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, APPROPRIATING AND BUDGETING AN ADDITIONAL $4,031, INCREASING THE FUNDING AMOUNT IN CAPITAL PROJECT NO. AP0901, RAMP REHABILITATION 2009, TO $1,398,365, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a contract amendment to State Aviation Grant Contract No. 09- PUB -01 that would increase the grant funding amount? RECOMMENDATION Approval of this Ordinance. BACKGROUND City Council accepted a State Aviation Grant on February 9, 2009 to match FAA AIP 29/30 for $30,263 and participate in a fuel farm containment project for $120,000 at the Pueblo Airport. The State grant was issued prior to receiving the FAA grant and was based on the Federal share of the Ramp Rehabilitation project being $1,150,000 and the State and local match being $30,263 each. When the FAA grant was received it was for $1,303,177 which increased the State and local match to $34,294 each (a difference of $4,031 each). The local matching funds were budgeted and appropriated at the time the FAA grant was accepted. This Contract Amendment is for the State's increase to the matching funds. FINANCIAL IMPACT The State grant is increased by the amount of $4,031 to a total of $154,294. Of this amount, Capital Project AP0901, Ramp Rehabilitation 2009, is increased by the amount of $4,031, increasing the project funding to $1,398,365. There are no changes to Capital Project AP0902, Fuel Farm Containment which is also covered by this grant. •rU CDOT- Aeronautics Division S CDAG No. 09- PUB -01 SAP PO No. 291000608 Additional Funds: $4,031 AtOJ „ 5 COLORADO DEPARTMENT OF TRANSPORTATION Colorado Aeronautical Board CONTRACT AMENDMENT Amendment Original Contract CLIN # Amendment CMS # #1 1 09HAV00060 T 10,q,4; Stlo08' 1) PARTIES This Amendment to the above - referenced Original Contract (hereinafter called the Contract) is entered into by and between the City of Pueblo (hereinafter referred to as "the Grantee ") and the State of Colorado acting by and through the Department of Transportation- Aeronautics Division (hereinafter called the "the Division" or "the State "). 1) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date "), but shall be effective and enforceable thereafter in accordance with its provisions. The State shall not be liable to pay or reimburse the City of Pueblo for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. The Parties entered into the Contract for /to Match FAA A/P 29 & 30, and participate In a fuel farm containment project. 2) FACTUAL RECITALS 3) CONSIDERATION Consideration for this Amendment consists of the payments to be made hereunder and the obligations, promises, and agreements herein set forth. 4) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 5) MODIFICATIONS. The Contract and all prior amendments thereto a. Scope of Work No Change b. Grant Budget State: $154,294 Local: $64,294 c. Contract Term No Change if any, are modified as follows: Federal: $1,303,177 6) EFFECTIVE DATE OF AMENDMENT The effective date hereof is upon approval of the State Controller or their delegate. 7) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. S) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. 9) STATEWIDE GRANT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §14 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24- 102 -206, §24- 103 -601, §24- 103.5 -101 and §24- 105 -102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Grant management system. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Grant Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Grant Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation- Aeronautics Division, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24- 105 - 102(6)), or (b) under CRS §24- 105 - 102(6), exercising the debarment protest and appeal rights provided in CRS § §24- 109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon showing of good cause. 101 • ADDENDUM 70 SPECIAL PROVISIONS (Replaces the Arstparagraph of Paragraph 3, caph'oned INDEMNIFICA77ON, of the SPECIAL PROVISIONS) To the extent authorized bylaw, the Oty of Pueblo shall indemnify, save and hold harmless the State, its employees and agents against any and all dalms, damages, llabft and court awards including cosh, expenses, and attorney fees Incurred as a result of any act or Provisions 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 §2430- 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 at seq., or the Federal Tort Claims Act, 26 U.S.C. § §1346(b) and 2671 at 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. 5. 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 INTERESTICONFLICT OF INTEREST. CRS § §24.18.201 and 2450.607. 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, at 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 (a) 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, of 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 at 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 all 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 at seq., and (c) has produced one forth of identification required by CRS §24. 76.5 -103 prior to the effective date of this contract. Revised 1 -1 -09 ti THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT GRANTEE: City of Pueblo BY: Gave �x� Authorized Signature Vora flrtegon Print Name of Authorized Officer Praciriant of City Council Print Title of Authorized Officer STATE OF COLORADO Aeronautics Division Director Department of Transportation (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 services provided. �. �� 4 0