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Home My WebLink Aboutresolution.council.006-12 RESOLUTION NO. 6 Series of 2012 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO CONTRACT AQC M045 -010 (18562) BETWEEN THE CITY OF ASPEN, COLORADO, AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION, TO ACCEPT AN AMENDMENT TO A CONGESTION_ MITIGATION AIR QUALITY (CMAQ) GRANT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, the City of Aspen seeks to improve air quality by reducing PM -10 pollution; and WHEREAS an amendment to contract AQC M045 -010 (18562) between the City of Aspen, Colorado and the State of Colorado, is annexed hereto and made a part thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves an amendment to Contract AQC M045 -010 (18562) between the City of Aspen, Colorado, and the State of Colorado Department of Transportation, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said amended contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 23` day of January, 2012. W 7 / Michael C. Ireland,. Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. i e Kathryn S. och, City Clerk 5 ATTACHMENT B - CONTRACT AMENDMENT CONTRACT AMENDMENT Amendment #1 Original CMS # 12 HA3 34249 CMS # 12 HA3 40126 Project# AQC M045- 010 (18562) PO # 271001449 1) PARTIES This Amendment to the above - referenced Original Contract (hereinafter called the Contract) is entered into by and between the CITY OFASPEN, (hereinafter called "The Local Agency "), and the STATE OF COLORADO (hereinafter called the °State°) acting by and through the Department of Transportation, (hereinafter called 'coon 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or desgnee (hereinafter called the "Effective Date "). The State shall not be liable to pay or reimburse Contractor 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. 3) FACTUAL RECITALS The Parties entered into the Original Basic Contract #12 HA3 34249, dated August 28, 2011, for a Congestion Mitigation Air Quality (CMAQ) project in the City of Aspen. This project is to improve the air quality with the purchase of multiple Bike -Share Kiosks. The parties now agree to Increase the CMAQ and local funding by $200,000.00. $35,000.00 was previously encumbered under the Original Basic Contract. The contract has now been increased to a new total of $235,000.00 4) CONSIDERATION - COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration am sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective) as part consideration for this Amendment tf applicable, such Special Provisions are attached hereto and incorporated by reference herein. 5) 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. 6) MODIFICATIONS, The Amendment and all prior amendments thereto, if any, are modified as follows: a. Exhibit C -1 Exhibit C to the Basic Contract shall be removed and replaced in its entirety by Exhibit C -1 attached hereto and incorporated herein by this reference. All references in the Basic Contract to Exhibit C shall be removed and replaced by Exhibit C -1. 7) START DATE This Amendment shall take effect upon the date of the State Controller's Signature. 8) 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, 7 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. 9) 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. The Remainder of this Page left Intentionally Blank • 8 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Persons signing for Contractor hereby swear and affhm that they are authorized to act on Contractor's behalf and acknowledge that the State Is relying on their representations to that effect. Local Agency STATE OF COLORADO City of Aspen John W. Hickenlooper, GOVERNOR Department of Transpotadon Printed : me of uthoriz:.. Signor Tide: r4_ tank BY: JS7 ; / /� Timothy J. Harris - CDOT Chief Engineer `Signature Date ( Date LEGAL REVIEW John W. Suthers, Attorney General By: Signature - Attorney General's Office ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30.202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. if Contractor begins performing prior thereto, the State of Colorado Is not obligated to pay Contractor for such performance or for any goods andlor services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Department of Transportation Date: 9 B. Matching Funds The matching ratio for the federal participating funds for this Work is 82.79% federal -aid funds (CFDA #20.205) to 17.21 % Local Agency funds. it being understood that such ratlo applies only to the $235,000.00 that is eligible for federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %. If the total participating cost of performance of the Work exceeds $235,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non - participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $194,557.00 (For CDOT accounting purposes, the federal funds of $194,557.00 and the Local Agency matching funds of $40,443.00 will be encumbered for a total encumbrance of $235,000.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. Single Audit Act Amendment All state and local government and non - profit organizations receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of OMB Circular A -133 (Audits of States. Local Governments and Non -Profit Organizations) see also, 49 C.F.R. 18.20 through 18.28. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: I. Expenditure less than $500,000 The Local Agency expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. II. Expenditure exceeding than $500,000 - Highway Funds Only The Local Agency expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "finandar procedures and processes for this program area. 01. Expenditure exceeding than $500,000 - Multiple Funding Sources The Local Agency expends more than $500,000 In Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization /entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Page 2 of 2 10