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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2008 - RESOLUTION 2008-070 AUTHORIZING THE CITY MANAGER T ITEM NUMBER: 24 AGENDA ITEM SUMMARY DATE: August 19, 2008 FORT COLLINS CITY COUNCIL STAFF: Mike Freeman Dave Gordon SUBJECT Resolution 2008-070 Authorizing the City Manager to Execute a Capital Funding Grant Agreement with the Federal Aviation Administration for Improvements at the Fort Collins-Loveland Airport. RECOMMENDATION Staff recommends adoption of the Resolution. FINANCIAL IMPACT The Airport's 2008 approved budget contains the necessary appropriations for the expenditure of these funds and the Airport's matching funds. The local matching funds necessary for the FAA grant is$6,800 and will come from the Airport's fund balance. The amount of this grant represents the remaining funds that were omitted in the earlier grant that was accepted by council on June 3, 2008. The amounts of this grant and the previous grant total $1 million, which is the Airport's annual Entitlement Grant amount. EXECUTIVE SUMMARY This Resolution approves an FAA Grant Agreement in the amount of$258,394. These funds will be used for completing a portion of security fencing and access control gates on the Fort Collins- Loveland Airport. The bids for this work were received earlier this spring. ATTACHMENTS 1. FAA Grant Agreement ATTACHMENT 1 U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part I - Offer Date of Offer: Airport: Ft. Collins-Loveland Municipal Project Number: 3-08-0023-23 Contract Number: DOT-FA08NM-10xx DUNS Number: 07-468-1407 To: Cities of Ft. Collins and Loveland, Colorado (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") Whereas, the Sponsor has submitted to the FAA a Project Application dated January 22, 2008 for a grant of Federal funds for a project at or associated with the Ft. Collins-Loveland Municipal Airport, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof, and Whereas, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Install Security Fencing and Access Control Gates, all as more particularly described in the Project Application. FAA Form 5100-37(7190) 1 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act", and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE. UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 95.00 per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: Conditions 1. The maximum obligation of the United States payable under this offer shall be $258,394. For the purpose of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b)of the Act,the following amounts are being specified for this purpose: $-0- for planning $258,394 for airport development and noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delay and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before August 19, 2008, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or FAA Form 5100-37(7I90) 2 other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. The sponsor will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the"Current FAA Advisory Circulars Required for Use In AIP Funded and PFC Approved Projects,"dated March 21, 2007, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 11. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 12. In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. may not be increased for a planning project, b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent for land projects. 13. The sponsor agrees to monitor progress on the work to be accomplished by this grant. For consultant services, the Sponsor agrees to make payment only for work that has been satisfactorily completed. It is understood by and between the parties hereto that the approximate value of the final project documentation is ten percent (10%) of the total value of the engineering services contract, and that amount will not be paid to the Engineer until acceptable final project documentation is provided. FAA Form 5100-37(7190) 3 14. TRAFFICKING IN PERSONS: a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity— i. Is determined to have violated a prohibition in paragraph a.I of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension(Nonprocurement),"as implemented by our agency at 49 CFR Part 29. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either-- i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.I of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g)of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.I of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: FAA Form 5100-37(7/90) 4 i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage,debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). FAA Form 5100-37(7/90) 5 The Sponsors acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shalt comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manager,Denver Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of , 2008. CITY OF FT.COLLINS,COLORADO (SEAL) Sponsor's Designated Official Representative Attest: Title: Title: Certificate of Sponsor's Attorney 1, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado. Further, 1 have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 2008. Signature of Sponsors Attorney FAA Form 5100-37(7190) 6 The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties,covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of ,2008. CITY OF LOVELAND,COLORADO (SEAL) Sponsors Designated Official Representative Attest: Title: Title: Certificate of Sponsor's Attorney I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of ,2008. Signature of Sponsor's Attorney FAA Form 5100-37(7/90) 7 RESOLUTION 2008-070 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE A CAPITAL FUNDING GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR IMPROVEMENTS AT THE FORT COLLINS-LOVELAND AIRPORT WHEREAS, the cities of Fort Collins and Loveland ("the Cities")jointly own and operate the Fort Collins-Loveland Municipal Airport ("the Airport"); and WHEREAS,the City Council,through Resolution 2006-079, has adopted the Fort Collins- Loveland Municipal Airport Master Plan; and WHEREAS,the Federal Aviation Administration provides grant funding to eligible airports to enable those airports to pursue, in a timely manner, capital improvements included within an adopted Airport Master Plan; and WHEREAS,the Cities have applied for,and have been offered,a capital funding grant from the Federal Aviation Administration in the amount of $258,394 for the purpose of funding the projects as identified in the proposed Grant Agreement on file with the City Clerk; and WHEREAS, the projects identified in the proposed Grant Agreement are identified in the Fort Collins-Loveland Municipal Airport Master Plan as first priority projects; and WHEREAS,the Cities have budgeted and appropriated the five percent matching local funds necessary to accept this grant from the Federal Aviation Administration. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to enter into the Grant Agreement for the capital funding grant identified above, in substantially the form which is on file with the City Clerk of the City of Fort Collins, subject to such modifications in form or substance as the City Manager, in consultation with the City Attorney, may deem necessary to effectuate the purposes of this Resolution or to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of August A.D. 2008. Mayor ATTEST: City Clerk