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.
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