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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/18/2014 - ITEMS RELATING TO FEDERAL AND STATE GRANTS FOR THEAgenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY March 18, 2014 City Council STAFF Jason Licon, Airport Director Mike Beckstead, Chief Financial Officer SUBJECT Items Relating to Federal and State Grants for the Fort Collins-Loveland Airport. EXECUTIVE SUMMARY A. Resolution 2014-022 Authorizing the City Manager to Execute the 2014 Grant Agreement (AIP Project No. 3-08-0023-33-2014) with the Federal Aviation Administration for Funding for Equipment and Improvements at the Fort Collins-Loveland Municipal Airport. B. Resolution 2014-023 Authorizing the City Manager to Execute a Grant Agreement (CDAG #14-FNL-01) with the Colorado Department of Transportation (Colorado Aeronautical Board) for the Funding of Equipment and Improvements at the Fort Collins-Loveland Municipal Airport. C. Resolution 2014-024 Authorizing the City Manager to Execute a Grant Agreement (CDAG #14-FNL-I01) with the Colorado Department of Transportation (Colorado Aeronautical Board) for Funding of an Intern Position Pertaining to the Fort Collins-Loveland Municipal Airport. The purpose of this item is to authorize the execution of grant agreements received by the Fort-Collins Loveland Airport. Resolution 2014-022 authorizes the City Manager to execute a grant agreement from the Federal Aviation Administration (FAA) for up to $1,000,000. This FAA Grant will be used to for capital projects including the acquisition of an Airport Rescue and Fire Fighting vehicle and the design and construction of a snow removal equipment building. Resolution 2014-023 authorizes the City Manager to execute a grant agreement from the State of Colorado, Division of Aeronautics for funds in the amount of $400,000. This State aviation discretionary grant will be used to match the FAA 2014 entitlement grant for the acquisition of an airport rescue and fire fighting vehicle and for the design and construction of a Snow Removal Equipment Storage building. Resolution 2014-024 authorizes the City Manager to execute a grant agreement from the State of Colorado, Division of Aeronautics for funds in the amount of $33,280. This second State grant will fund fifty percent of the Airport’s intern program for 24 months. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions. BACKGROUND / DISCUSSION Resolution 2014-022 is an annual entitlement grant that is given each year to the Airport from the FAA for being a primary commercial service airport. Resolution 2014-023 and Resolution 2014-024 are annual grants given to the Airport from the State of Colorado. Agenda Item 14 Item # 14 Page 2 FINANCIAL / ECONOMIC IMPACT The $1,000,000 FAA entitlement grant requires a 10% match that is split 5% by the State of Colorado and 5% from the Airport reserves, or $55,555 each. The $400,000 State Aviation Discretionary Grant requires a 10% local match from the Airport, or $44,444, and the internship grant will provide capital resources or $33,280 for 50% of a paid intern position over a period of up to 24 months. These projects have been appropriated and budgeted for in 2014. - 1 - RESOLUTION NO. 2014-022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2014 GRANT AGREEMENT (AIP PROJECT NO. 3-08-0023-33-2014) WITH THE FEDERAL AVIATION ADMINISTRATION FOR EQUIPMENT AND IMPROVEMENTS AT THE FORT COLLINS-LOVELAND MUNICIPAL 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 Cities, by resolution, have adopted the Fort Collins-Loveland Municipal Airport Master Plan; and WHEREAS, the Federal Aviation Administration (“FAA”) 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 $1,000,000 in FAA capital grant funding (“2014 Grant Funding”) for the purpose acquiring an airport rescue and firefighting vehicle and for designing and constructing a snow removal equipment building (“AIP Project No. 3-08-0023-33- 2014”); and WHEREAS, the Cities have been offered a “not to exceed” grant in the amount of $1,000,000 of 2014 Grant Funding; and WHEREAS, any capital grants funds provided by the FAA will be subject to the Cities’ execution of the standard FAA grant agreement that will be in substantially the form of prior years’ FAA grant agreements modified to reflect the purpose of AIP Project No. 3-08-0023-33- 2014 (the “2014 Grant Agreement”); and WHEREAS, projects listed in AIP Project No. 3-08-0023-33-2014 are identified in the Fort Collins-Loveland Municipal Airport Master Plan as first priority projects; and WHEREAS, the matching local funds of ten percent necessary to accept the initial capital grant funding of $1,000,000 from the FAA are divided equally between the State of Colorado and the Cities and have been previously appropriated as part of the Airport’s 2014 budget. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO as follows: Section 1. That the 2014 Grant Agreement is hereby approved. Section 2. That the City Council hereby authorizes the City Manager to execute the 2014 Grant Agreement on behalf of the City in substantially the form attached hereto as Exhibit “A,” together with such additional or modified terms and conditions as the City Manager, in - 2 - consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and advance the purposes set forth in this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk - 1 - RESOLUTION 2014-023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT (CDAG #14-FNL-01) WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (COLORADO AERONAUTICAL BOARD) FOR THE FUNDING OF EQUIPMENT AND IMPROVEMENTS AT THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT WHEREAS, Title 43, Article 10 of the Colorado Revised Statutes, entitled “Aviation Safety and Accessibility/Aeronautics Division” declares that there exists a need to promote the safe operation and accessibility of general aviation and interstate commercial aviation in Colorado and in pursuance thereof, has established the Colorado Aeronautical Board (the “Board”) and, among the duties assigned to the Board, is the power to establish policy and procedures for distribution of monies in the Aviation Fund; and has also created the Division of Aeronautics (the “Division”) to carry out the directives of the Board; and WHEREAS, any entity operating a public-accessible airport such as the Fort Collins- Loveland Municipal Airport (the “Airport”) may file an application with the Division for a grant to be used exclusively for aviation purposes, provided that such grant is supported by a resolution passed by the applicant’s governing body requesting such assistance and assuring that if any grant is awarded, it will be used solely for aviation purposes and will comply with all grant procedures and requirements as defined in the Division’s most recently adopted Aviation Grant Management Manual (the “Manual”); and WHEREAS, the City Council of the City of Fort Collins, as one of the duly authorized governing bodies of the Airport intends by this resolution to provide grant assurances to the Board pursuant to the Grant Agreement entitled “CDAG #14-FNL-01" for the funding of an airport rescue and firefighting vehicle and the design and construction of a snow removal storage building, attached hereto as Exhibit “A” and incorporated herein by this reference (the “Grant Agreement”). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council, as one of the duly authorized governing bodies of the applicant Fort Collins-Loveland Municipal Airport, hereby formally requests assistance from the Board and the Division in the form of a state aviation system grant in the amount of $400,000.00 with a contractual local match in the amount of $44,444; and the City Council further states that the grant, if awarded, shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. Section 2. That the City Council hereby commits, to the extent permitted by law, to keep the public areas of the airport facility accessible to, and open to the public during the entire useful life of the Grant funded improvements/equipment, or, if not, then will reimburse the Division for any unexpired useful life of the improvements/equipment on a pro-rata basis. By signing the Grant Agreement, the City Council further commits the City, to the extent permitted - 2 - by law, to keep open and accessible for public use, all prior grant funded facilities, improvements and services that relate to the public areas of the airport facility for their useful life, as determined by the Division and stated in the Grant Agreement. Section 3. That the City Council hereby designates Jason Licon, Airport Director, as the Project Director and authorizes the Project Director to act in all matters relating to the work project proposed in the Application and further authorizes the City Manager to execute the Grant Agreement on behalf of the City in substantially the form attached hereto as Exhibit “A,” together with such additional or modified terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and advance the purposes set forth in this Resolution. Section 4. That the City has appropriated its share of all funds that are required to be provided by the City and the City of Loveland under the terms and conditions of the Grant. Section 5. That the City hereby accepts all guidelines, procedures, standards, and requirements described in the State Grants Manual, a copy of which manual is attached hereto as Exhibit “B,” that may be applicable to the performance of the grant work project and hereby approves the Grant Agreement. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk CDOT – Aeronautic Division CDAG # 14-FNL-01 ROUTING # 14 HAV 64647 SAP PO # 491000516 CMS # 14-HAV-ZL-01342 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 1 of 20 STATE OF COLORADO Colorado Department of Transportation Colorado Aeronautical Board Division of Aeronautics Grant Agreement with the City of Fort Collins and City of Loveland TABLE OF CONTENTS 1. PARTIES .................................................................................................................................................. 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ..................................................................... 1 3. RECITALS ............................................................................................................................................... 2 4. DEFINITIONS ......................................................................................................................................... 2 5. TERM ....................................................................................................................................................... 3 6. STATEMENT OF WORK / CONTRACT OBJECTIVE PLAN ............................................................. 3 7. PAYMENTS TO GRANTEE ................................................................................................................... 3 8. REPORTING - NOTIFICATION ............................................................................................................ 5 9. GRANTEE RECORDS ............................................................................................................................ 5 10. CONFIDENTIAL INFORMATION-STATE RECORDS ....................................................................... 6 11. CONFLICTS OF INTEREST................................................................................................................... 7 12. REPRESENTATIONS AND WARRANTIES ......................................................................................... 7 13. INSURANCE ........................................................................................................................................... 7 14. BREACH .................................................................................................................................................. 8 15. REMEDIES .............................................................................................................................................. 9 16. NOTICES and REPRESENTATIVES ................................................................................................... 10 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE .............................................. 11 18. GOVERNMENTAL IMMUNITY ......................................................................................................... 11 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM ..................................................................... 11 20. GENERAL PROVISIONS ..................................................................................................................... 12 21. COLORADO SPECIAL PROVISIONS ................................................................................................ 14 22. SIGNATURE PAGE .............................................................................................................................. 16 23. EXHIBIT A ............................................................................................................................................ 17 24. EXHIBIT B ............................................................................................................................................ 20 1. PARTIES This Grant Agreement (“Grant”) is entered into by and between City of Fort Collins and City of Loveland (“Sponsors”), and the STATE OF COLORADO acting by and through the Colorado Department of Transportation, Division of Aeronautics (“State” or ”Division”). The Sponsors represent and warrant to the State that it has the authority to act on behalf of Fort Collins/Loveland Municipal Airport and to bind the Airport to the provisions in this Grant (the Sponsors and the Airport are collectively hereinafter called the “Grantee”). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY EXHIBIT A CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 2 of 20 This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (“Effective Date”). Except as provided in Section 7(B)(v), the State shall not be liable to pay or reimburse Grantee 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. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in CRS §43-10-108.5 and funds have been budgeted, appropriated and otherwise made available pursuant to CRS §§39-27-112(2)(b), 43-10-109 and 43-10-102 and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The purpose of this Grant is to promote aviation for the betterment of the Colorado Aviation System. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget “Budget” means the budget for the Work described in Exhibit A. B. Evaluation “Evaluation” means the process of examining Grantee’s Work and rating it based on criteria established in §6 and §19. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Colorado Discretionary Aviation Grant Program Application) …and… Exhibit B (Resolution in accordance with the General Assembly of the State of Colorado declared in CRS §43-10-101). D. Goods “Goods” means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant “Grant” means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds “Grant Funds” means available funds payable by the State to Grantee pursuant to this Grant. G. Local Funds “Local Funds” provided by any city, county or other private entity to fund performance of the Work. H. Manual “Manual” refers to the Aviation Grant Management Manual as approved by the Colorado Aeronautical Board. I. Party or Parties “Party” means the State or Grantee and “Parties” means both the State and Grantee. J. Program CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 3 of 20 “Program” means the Colorado Discretionary Aviation grant program that provides the funding for this Grant. K. Review “Review” means examining Grantee’s Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6, §19 and Exhibit A. L. Services “Services” means the required services to be performed by Grantee pursuant to this Grant. M. Subgrantee “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of its obligations. N. Work “Work” means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A, including the performance of the Services and delivery of the Goods. The Work is further described in the plans and specifications for the project as approved by the Federal Aviation Administration (“FAA”) or the Division. O. Work Product “Work Product” means the tangible or intangible results of Grantee’s Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initial Term-Work Commencement The Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on 06/30/2016 unless sooner terminated or further extended as specified elsewhere herein. 6. STATEMENT OF WORK / CONTRACT OBJECTIVE PLAN A. Brief Project Description: Element A: Participate in Federally-Funded ARFF vehicle Element B: SRE Building design and construction - Phase 1 B. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A and in the plans and specifications for the project as approved by the FAA or Division on or before 06/30/2016. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. C. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. Grantee is subject to its local procurement standards. If none exist, Grantee is subject to the general procurement standards of the State. D. Employees All persons employed by Grantee or Subgrantees shall be considered Grantee’s or Subgrantees’ employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 4 of 20 The maximum amount payable under this Grant to Grantee by the State is $400,000.00 as determined by the State based on available funds. The maximum amount payable under this Grant to Grantee by the State is 5% of the project cost not to exceed $38,888.00 for Element A and 90% of the project cost not to exceed $361,112.00 for Element B, as determined by the State from available funds in Fund 160, G/L account #4511000010, & Vendor# 0002000212 & Partner#N/A (if applicable), and Org. #VDG14-033. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit A. The State and Grantee shall participate in providing the Grant amount as follows: State: $400,000.00 Local Funds: $79,012.00 Federal: $700,000.00 B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant, shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. Grant Funds remaining following the completion and approval of the Work or the termination/expiration of the Grant will be returned to the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State’s current fiscal year. Therefore, Grantee’s compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State’s performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State’s liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. iv. Erroneous Payments At the State’s sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. v. Retroactive Payments The State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules and regulations applicable to the Work provide for such retroactive payments to the Grantee. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or any Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. C Use of Funds CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 5 of 20 Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit A. This shall be used solely for aviation purposes as defined in CRS §43-10-102(3) and this Grant shall not be used for the subsidization of airlines. Misuse of Grant Funds, including subsidization for airlines, may result in immediate termination of this Grant for cause and forfeiture of any remaining Grant Funds. D. Local Funds Grantee shall provide Local Funds as provided in Exhibit A. Grantee shall have raised the full amount of Local Funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. E. Payment Compliance All Grant reimbursements shall comply with Title 49 Part 18 of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Additionally, Grantee shall only be reimbursed for costs allowable under 2 CFR Part 125, Appendix A. Sponsor requests that all Grant Funds be distributed by the State to the Airport. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee’s performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in the Manual. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee’s ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein. If the State’s principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. C. Noncompliance Grantee’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. D. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records until the last to occur of the following: (i) a period of three years after the date this Grant is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the “Record Retention Period”). B. Inspection CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 6 of 20 Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee’s sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee’s performance hereunder. D. Final Audit Report If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, any State records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS §24-72-101 et seq. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State’s principal representative. B. Notification Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. To the extent permitted by law, the Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10. CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 7 of 20 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee’s obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority – Grantee and Grantee’s Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee’s authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “GIA”), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each Grant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee’s liabilities under the GIA. ii. Non-Public Entities CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 8 of 20 If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subgrantees that are not "public entities". B. Grantee and Subgrantees Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability Insurance policy (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee’s receipt of such notice. vii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 9 of 20 B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B), provided however, that the State may terminate this Grant pursuant to §15(B) without a breach. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant’s terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subgrants. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State’s property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State’s damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 10 of 20 Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee’s performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee’s performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee’s actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State’s best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 11 of 20 Todd Green Division of Aeronautics 5126 Front Range Parkway Watkins, CO 80137 todd.green@state.co.us B. Grantee: Jason Licon FORT COLLINS/LOVELAND MUNICIPAL AIRPORT 4900 Earhart Road Loveland, CO, 80538 jason.licon@cityofloveland.org 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State’s rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the GIA. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the GIA and the risk management statutes, CRS §24-30-1501, et seq., as amended. 19. STATEWIDE CONTRACT 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 §19 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 Contract 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 Contract 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 Contract 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 CDOT and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 12 of 20 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 a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee’s rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification-General To the extent permitted by law, Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the GIA, or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. If Grantee is a “public entity” within the meaning of GIA, liability is controlled and limited by the provisions of the GIA. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification i. By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. I. Order of Precedence CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 13 of 20 The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions, ii. The provisions of the main body of this Grant, iii. Exhibit A, and iv. Exhibit B. J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. O. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 14 of 20 21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1) This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. 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. C. GOVERNMENTAL IMMUNITY No term or condition of this Grant 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. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee 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 Grantee or any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee 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. E. COMPLIANCE WITH LAW. Grantee 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. F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. 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 Grant, to the extent capable of execution. G. 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 Grant or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507 CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 15 of 20 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 Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. J. 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. K. PUBLIC GRANTS 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] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E- Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee 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 Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101 Grantee, 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 Grant. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 16 of 20 22. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE City of Fort Collins By: _______________________________________________________________________________________________________ Print Name of Authorized Individual Title: _______________________________________________________________________________________________________ Print Title of Authorized Individual _____________________________________________ *Signature Date: _________________________ STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Transportation Donald E. Hunt – Executive Director _______________________________________ By: David C. Gordon, Aeronautics Division Director Signatory avers to the State Controller or delegate that, except as specified herein, Grantee has not begun performance or that a Statutory Violation waiver has been requested under FiscalRules Date: _________________________ GRANTEE City of Loveland By: _______________________________________________________________________________________________________ Print Name of Authorized Individual Title: _______________________________________________________________________________________________________ Print Title of Authorized Individual _____________________________________________ *Signature Date: _________________________ This Section is Intentionally Left Blank ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Colorado Department of Transportation Date:_____________________ CDOT -- Aeronautic Division CDAG#: 14-FNL-01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 20 of 20 24. EXHIBIT B RESOLUTION WHEREAS: The General Assembly of the State of Colorado declared in Title 43 of the Colorado revised Statutes, Article 10, 1991 in CRS §43-10-101 (the Act) “… 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…” 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 CRS §43-10-103 and C.R.S. §43-10-105 and CRS §43-10-108.5 of the Act. 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 Aviation Grant Management Manual, revised 2009, (“the Manual”). NOW, THEREFORE, BE IT RESOLVED THAT: The City of Fort Collins and City of Loveland, as duly authorized governing bodies of the grant applicant, hereby formally request assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state aviation system grant. The City of Fort Collins and City of Loveland state that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. Each airport-operating entity that applies for and accepts a grant that it thereby makes a COMMITMENT to keep the airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements/ equipment; or b) to reimburse the Division for any unexpired useful life of the improvements/ equipment, or a pro-rata basis. By signing this grant agreement, the applicant commits to keep open and accessible for public use all grant funded facilities, improvements and services for their useful life, as determined by the Division and stated in the Grant Agreement. FURTHER BE IT RESOLVED: That the City of Fort Collins and City of Loveland hereby designate Jason Licon as the Project Director, as described in the Manual and authorizes the Project Director to act in all matters relating to the work project proposed in the Application in its behalf, including executions of the grant contract and any amendments. FURTHER: The City of Fort Collins and City of Loveland have appropriated or will appropriate or otherwise make available in a timely manner all funds, if any, that are required to be provided by the Applicant under the terms and conditions of the grant contract. FINALLY: The City of Fort Collins and City of Loveland hereby accept all guidelines, procedures, standards and requirements described in the Manual as applicable to the performance of the grant work and hereby approve the grant contract submitted by the State, including all terms and conditions contained therein. for The Grantee for The Grantee City of Fort Collins City of Loveland ATTEST ATTEST Colorado Division of Aeronautics Discretionary Grant Program Manual Approved by the Colorado Aeronautical Board October 28, 2011 Version 5.0 EXHIBIT B 2 Table of Contents 1. DISCRETIONARY GRANT PROGRAM OVERVIEW _____________________________________________ 3 2. DIVISION OF AERONAUTICS AND COLORADO AERONAUTICAL BOARD RESPONSIBILITIES 6 3. GRANT APPLICATION PROCESS ______________________________________________________________ 10 4. GRANT EVALUATION CRITERIA ______________________________________________________________ 15 5. GRANT CONTRACTING PROCESS_____________________________________________________________ 19 6. GRANT ADMINISTRATION ___________________________________________________________________ 20 APPENDIX ________________________________________________________________________________________ 21 A: Frequently Asked Questions __________________________________________________________________ 21 B: Sample Documents and Forms ________________________________________________________________ 23 C: Aeronautics Revenues and Allocations _________________________________________________________29 3 1. Discretionary Grant Program Overview 1.1. About this document The purpose of this document is to give an overview on how the Colorado Division of Aeronautics and Colorado Aeronautical Board administer the Colorado Discretionary Aviation Grant program. This should be used as a resource for airport managers and airport sponsors across Colorado. This document will provide an overview on how the grant program operates, from application to project close out, and what is expected of the grantees. It will also explain the role of the Aeronautics Division and Colorado Aeronautical Board, by detailing the processes that they are responsible for when administering grants. This document will not address every individual grant or grant question, the Division staff is always available for those questions. 1.1.1. Definitions “ADO” Airports District Office. The local FAA office that disburses AIP grants to FAA eligible airports in Colorado. “AIP” Airport Improvement Program. The program that the FAA uses to give grants to eligible airports. “CAB” Colorado Aeronautical Board. A seven member board appointed by the Governor of Colorado, whose purpose is to administer the aviation fund and establish policies for growth and development of aviation in Colorado. “CASP” Colorado Aviation System Plan. This is a planning document that provides an inventory of aviation and also projects future aviation demand throughout Colorado. “CDAG” Colorado Discretionary Aviation Grant. Refers to the grant program or a specific grant given by the CDOA and CAB. “CDOA” Colorado Division of Aeronautics. The division within the Department of Transportation, whose focus is on aviation across Colorado. “CDOT” Colorado Department of Transportation. The State of Colorado’s Department that handles everything transportation related. 4 “CIP” Capital Improvement Plan. A five year planning document used by both the FAA and CDOA. “DIA” Denver International Airport. The commercial service airport that serves the Denver metropolitan area. “DPA” Department of Personnel and Administration. The department that creates the contracts for other Colorado governmental agencies. “FAA” Federal Aviation Administration. The National Administration who is responsible for aviation on a national level. “PCI” Pavement Condition Indexing. A planning document used by both the FAA and CDOA to evaluate condition of airport pavements 1.2. Program Structure The CDAG program was developed to maintain and improve the statewide system of aviation and airports. This is achieved by awarding grants that help meet individual airport and statewide aviation targets and needs. 1.3. Eligibility for Discretionary Grants Eligibility for discretionary grant funding is dictated by C.R.S 43-10-108.5, it reads as follows. 43-10-108.5. State aviation system grant program. Any entity operating an FAA-designated public-use airport may apply to the division for a state aviation system grant to be used solely for aviation purposes. Applications shall contain such information as may be required by the division and shall be filed in accordance with procedures established by the division. In order to be eligible for a grant, the applicant must demonstrate, to the satisfaction of the division, that the grant shall be used solely for aviation purposes as defined in section 43-10-102 (3). The division shall evaluate grant applications based upon criteria established by the division and make recommendations to the board on the awarding of grants. Any grant proposed by the board shall be submitted to the governor's office for review and recommendation prior to a final decision. The governor shall accomplish his review and recommendation within thirty days of submittal of the grant proposal by the board. The board shall make final decisions on the awarding of grants subject to the availability of moneys in the aviation fund created in section 43-10-109. The board shall establish procedures to ensure that grants awarded pursuant to the provisions of this section are used solely for aviation purposes as required by this subsection (2). 5 (5) In addition to grants authorized pursuant to subsection (2) of this section, the division itself may be a recipient of a state aviation system grant, but only for the purposes of implementing a statewide aviation project that would not otherwise be implemented by an entity operating an FAA-designated public-use airport. Any application for such a grant shall be submitted to the Governor’s office for review and recommendation prior to a final decision. The Governor shall accomplish his review and recommendation within thirty days of submittal of the proposal by the board. The board shall make final decisions on the awarding of grants to the division for a statewide aviation project subject to the availability of moneys in the statewide aviation fund created in section 43-10-109. The CDOA maintains a CIP that lists the anticipated Division grants/projects throughout each fiscal year. The CIP is a part of the annual budget process and unless special situations exist all Division grant requests will be done at the beginning of each fiscal year. Special situations include, projects involving FAA funds which will need to be done throughout the year as the FAA dollars become available for those grants/projects. All Division grants are evaluated against the same criteria as an airport grant. 1.4. Guiding Statutes The CDOA and CAB operate under C.R.S 43-10-103 through 43-10-116. 1.5. Funding for the Discretionary Grant Program Funding for the CDOA and the CAB come exclusively from tax on aviation fuel. There are two types of fuel that are taxed, AVGAS for piston driven aircraft and jet fuel for turbine type aircraft. There are two types of tax on these fuels, excise and sales. AVGAS has a .06 cents per gallon excise tax. Non-airline jet fuel has .04 cents per gallon excise tax. All jet fuel is subject to a 2.9% sales tax on the retail price. In addition to the discretionary grants that airports can receive as a benefit of these taxes, they also receive airport formula reimbursements. Airport formula reimbursements are the portion of the tax that is collected at an airport, which is then returned directly to the airport on which the fuel was sold. The airport is reimbursed the full .04 cents per gallon jet fuel excise tax; they are also reimbursed .04 cents per gallon of the AVGAS excise tax. The sales tax on jet fuel is reimbursed at a rate of 65% of the total sales tax that was collected. The remaining amount of tax that is collected and not reimbursed to the airports is used for the operation of the CDOA and CAB and the discretionary grant program. This funding comes from the remaining .02 cents per gallon AVGAS excise and the remaining 35% of the sales tax on jet fuel. The administration of the CDOA and CAB per statute cannot exceed 5% of the total tax 6 collections. The remaining money that is not used for administration is used for the discretionary grant program. All tax collection and reimbursement rates are set by statute in C.R.S 43-10. All fuel tax disbursements either, airport formula refund or discretionary grant, must be used for aviation purposes. 2. Division of Aeronautics and Colorado Aeronautical Board Responsibilities 2.1. Division of Aeronautics Responsibilities Mission Statement: “In support of the Colorado Department of Transportation’s development of a forward-looking multi-model transportation system in the 21 st century, the Colorado Division of Aeronautics shall promote partnering with its public and private constituents to enhance aviation safety, aviation education and the development of an effective air transportation system through the efficient administration of the Aviation Fund.” In order to carry out the mission statement as well as live up to our statutory responsibility, this portion of the Grant Management Manual will identify the duties and responsibilities of the CDOA staff. The staff is always available as a resource to any current or potential grantee to answer any questions they have about the CDAG Program. 2.1.1. Statewide Planning Documents The purpose of maintaining statewide planning documents is to design a strategic approach that maximizes available funds. Although there are many more planning documents that are used as recourses by the CDOA, the three discussed below provide the greatest amount of information on a statewide level and are relied upon the most. • Colorado Aviation System Plan (CASP) The system plan document provides an inventory of the current facilities and projects future demand and need throughout the system. It establishes goals and objectives to help meet the future demand. The CASP is updated on a five year schedule, but is subject to available funding. 7 The CASP is one of the documents used in the process of evaluating and prioritizing grant requests by the CDOA staff. The system plan establishes goals that if met, will help improve the efficiency, safety and long term viability of the Colorado aviation system. A copy of the most recent CASP Executive Summary is available at: http://colorado- aeronautics.org/SystemPlan/Colorado_ExecutiveSummary%201.pdf • Capital Improvement Plan (CIP) The CIP process starts with the CDOA sending a letter and a copy of the most recent CIP to each airport in the spring of the year. The airport is asked to make their requested changes to the CIP and return it to the CDOA. Those airports that are eligible for AIP funds also send a copy to the FAA. Each airport’s CIP is reviewed internally and evaluated against available funding and airport needs and then any necessary changes are made to their CIP. The CDOA next meets with the FAA to discuss the CIP’s of those airports eligible for AIP funds. Throughout this process and at the completion there is discussion and correspondence with airports about their CIP’s. An updated CIP is returned to the airports prior to the CDAG application process. This is an annual process. The CIP process is discussed in more detail in Chapter 4. • Pavement Condition Indexing (PCI) In conjunction with a grant from the FAA, the CDOA maintains a pavement management plan for all paved publically owned airports, excluding DIA, and all paved privately owned but publically accessible airports that have a functional role of major or intermediate. Airport functional roles can be found in the most recent CASP. As a part of this plan PCI inspections are conducted at every airport in a three year cycle. 2.1.2. Grant Application review process The CDOA staff has the responsibility to ensure that all grant applications submitted are complete and meet eligibility requirements. Both in-cycle and out-of-cycle requests are required to use the same standard application form. The applications are reviewed by a member of the CDOA staff and if they are in proper order it will proceed to the evaluation process. 2.1.3. Grant Evaluation and Prioritization By maintaining the previously discussed statewide planning documents, this will provide the CDOA staff with vital and pertinent information to be able to maximize the benefit of the 8 funding dollars that are available. As a result of this information the CDOA staff will implement strategic grantmaking, into their decision making process when evaluating and prioritizing discretionary grant requests. Strategic grantmaking is discussed in more detail during the Chapter 4. The goals and objectives that have been established in the most recent CASP will be used as the outline for strategic grant making. The goals as defined in the CASP are as follows: • Support a system that is adequate to meet current and projected demand. • Provide a system that meets future demand while considering community and environmental compatibility. • Have a system of airports that supports economic growth and diversification. • Provide a system of airports that is convenient and one that supports emergency services. • Support a system that maximizes historic investment by optimizing the useful life of existing facilities. • Encourage a general aviation system that is secure. These goals are the foundation on which grant applications will be prioritized and evaluated against. This will help ensure that state resources are expended in a reasonable and prudent manner, by maximizing the investment in moving the Colorado aviation system forward. 2.1.4. Contract Oversight The CDOA grants administrator has responsibility to make sure all contracts are filled out correctly and signed by the appropriate parties. He/she is the point of contact during the grant contracting process, as described in Chapter 5 of this document. Any contractual change will utilize the formal contract amendment process. Every requested change in scope will require the CDOA staff to fill out a Scope of Work Change Evaluation Form. The result of this evaluation will determine whether or not the change can be handled administratively by the CDOA staff or if CAB action is need. The CDOA staff does not have the authority to make changes regarding the amount of funding. In the event that additional funding is needed for a project, the sponsor must apply for supplemental funding using the Supplemental Funding Request Application. This request will be evaluated by the staff using the standard criteria for applications and presented to the CAB for action. Supplemental funding is discussed in more detail in Chapter 3. If a 9 supplemental funding request is approved, a contract amendment will be sent out to the airport sponsor for signature. Additional CDAG funds are not available for reimbursement until the amendment has been signed by all parties. For more information regarding the Contracting process please refer to Chapter 5. The CDOA uses the state approved contract from DPA. This contract is updated as required by DPA. This contract contains specific termination clauses which enables the CDOA to make sure that the grant money is being spent as approved by the CAB. If for some reason the grantee does not live up to the agreement, the CAB has the ability to cancel the contract and stop the reimbursement of aviation funds. The CDOA and CAB will consider this information in regards to future funding requests. 2.1.5. Project Management The CDOA staff is responsible to ensure that all granted money is spent within the limitations of the grant contract and that each project is completed in accordance with the contract. Each claim for reimbursement will be reviewed by the designated project manager and then forwarded to the grants administrator for final approval. Colorado has been divided into three regions to determine the project manager/grant contact for each airport. This map can be found in the appendix. Grant project managers are also responsible to monitor the progress of each grant within their region. The progress of the grants will be monitored on the dollar amount of claims against the grant over each 12 month period from the date that the Notice to Proceed was issued until the project is complete and the grant is closed. Every project that is completed prior to the end date on the contract will be considered on schedule. Even though the grant application might have a more aggressive schedule, for the purpose of tracking grant progress “on schedule” will be any grant completed prior to the end date on the contract. Any grant that returns funds to the aviation fund at the completion of the project will be considered under budget. The grant budget as listed on the contract will be the gauge for the project budget. If the project is completed and the local or FAA budget is increased to finish the project, but there was no change to the CDOA portion, it will be considered within budget. Any contract amendments approved by the CAB to the budget during the project will then be adopted as the new project budget. On-site visits will also be conducted to ensure progress/completion of work. At a meeting following each grant hearing the CDOA will use a risk based approach to establish a list of projects that will be visited, pending available travel budget, either during the project or after it has been completed. These on-site visits are to ensure that the project is making progress or completed as approved by the CAB. 10 2.2. Colorado Aeronautical Board Responsibilities The CAB has overall responsibility for the CDAG program. By Statute the CAB carries out this function by establishing procedures for the administration and distribution of moneys credited to the aviation funds created in section 43-10-109, for aviation purposes at Colorado public use airports. There are several ways the CAB oversees the CDAG program. The following are some of the more critical elements of the CDAG program and how the CAB oversees them. Set policy for eligible projects (approval of grant management manual) Review and comment on submitted projects (Board grant review meeting) Determine project status (determine consent agenda or not at Board grant review meeting) Approve or reject grant projects Set policy for administrative changes to grants (approval of grant management manual) Set budget for grant program based upon funds available 3. Grant Application Process 3.1. In-Cycle Grant Requests The regular grant cycle takes place with the grant hearings before the CAB annually. In preparation for the grant hearing each airport will revise their 5 year CIP. After the CDOA and sponsor complete the CIP process, the CDOA will then solicit for grant applications. The applications that are then submitted by the airports should reflect the recent CIP update. The standard grant application form can be found on the CDOA web site at http://colorado- aeronautics.org . Each airport has an assigned CDOA project manager/contact that has the responsibility to ensure that each grant application is complete and eligible for funding. A CDOA project manager will work with each airport to make certain that the grant request coincides with the grant evaluation criteria in Chapter 4. Each funding request that is submitted will be taken to the CAB for action in one of two ways. The request will either be put on the consent agenda, or the CAB will request that an airport representative present the request to the board at the grant hearing. The CDOA and CAB hold a 11 working session prior to the grant hearing, it is at the working session that each request is placed on the consent agenda, or selected for presentation to the CAB. Any request that involves a possible conflict of interest between the applicant and any board member will not be placed on the consent agenda. If however, a project meets the goals and priorities of the Colorado aviation system and does not involve a possible conflict it is placed on the CAB’s consent agenda for the grant hearing. At the grant hearing the CAB will then take action on each funding request. If funding is approved, grants are then awarded and moved to the contracting process in Chapter 5. 3.2. Out-of-Cycle Grant Requests Out of cycle requests are those requests that are submitted outside of the regular grant cycle described above. The reason for this is to meet the needs of airports that cannot wait for the annual grant cycle. Justifications for an out of Cycle Grant Request are in the event of: o An emergency situation that impacts safety or operations. o An unanticipated state of affairs that negatively affects an airport and that due to timing cannot be addressed in the normal cycle. o The emergence of an opportunity that due to specific timing will provide an advantage that would otherwise be lost if the grantee waited until the normal cycle. o The CAB has discretionary authority to approve or deny any request that comes before them; any out-of-cycle request can be approved by the discretion of the CAB. Each out-of-cycle request is evaluated the same as an in-cycle request. Each out-of-cycle request will need to use the standard grant application form. Every applicant will work with the assigned CDOA project manager/contact to ensure the request meets the eligibility requirements. All out-of-cycle requests require CAB approval. 3.3. Supplemental Funding Requests A supplemental request is required for additional funding on an existing grant. Supplemental requests only deal with additional funding. All other requests for change are discussed in 12 Chapter 5. All supplemental requests will need to be presented to the CAB for action. All supplemental requests will need to fill out the standard Supplemental Funding Request Application. All supplemental requests that are approved will be handled through a formal contract amendment, in Chapter 5. 3.4 . Tier Two Funding Requests In addition to the normal grant program, the Division and the CAB have formalized a process for grants that do not fit within the framework of the normal grant program. These grants are referred to as “tier two” grants. The application and review process for these grants are the same as the traditional grants. The CAB still has complete discretion on whether or not to fund a specific request. The staff will use the same criteria to review and recommend projects to the CAB for approval. The purpose of the second tier funding is to accomplish larger scale, high priority projects that provide benefit to the state aviation system, but would not be able to be funded within the framework of the traditional CDAG program (tier one). Tier two funding requests can be made at any point throughout the year as opportunities present themselves, however when possible requests should be made during the normal grant cycle. Tier two projects must be identified on airports CIP’s just like any other funding request. Tier two projects should be the highest priority of the airport, therefore in most cases there will not be additional grants through the traditional program for other projects. If the airport is not willing to consolidate into a tier two grant, the airport should not be requesting additional funding through tier two for a different project. Tier two funding requests should be made for projects that have a high priority for the airport and the state system but do not fit within the framework of the normal grant program. The CAB will determine the amount of funding available for tier two grants on an annual basis. There is no guarantee that tier two funding will be available each year. Tier two projects will allow the CAB and Division to accomplish projects that have a high priority and impact to the state aviation system that would not have been possible under the traditional CDAG program. 13 3.5. Local Match 3.5.1. State and Local Projects Grant requests should include a local contribution to support the amount of CDAG funds requested. Local contribution can come in one of two ways, either money or in-kind work. Historically the CAB likes to see 20% of the project total coming from the grantee and the remaining 80% would be funded by the CAB. Local match requirements are not dictated by statute. Although 80/20 is the typical split the CAB has the discretion to approve grants with a local contribution being less than 20%. Additionally any potential grantee applying for funds with a larger than 20% local contributions is usually more compelling to both the CDOA and CAB. 3.5.2. State, Local and FAA Projects In addition to the CAB funding just state and local projects, it has been a long standing practice of the CAB to support airports in matching their AIP grants. Currently AIP grants require 5% of the project total to come from the local sponsor. The CAB supports grants to airports for up to half of their local match requirement as long as that amount doesn’t exceed the cap set by the CAB. 3.6. Internship Program In addition to the traditional CDAG grants the CDOA and CAB supports airports by supporting a grant funding initiative for interns at Colorado’s publically owned and public use airports. Grant requests for interns should be requested through the same process as all other CDAG grants. All potential applicants should anticipate their needs for interns for the upcoming year. The application should be submitted far enough in advance to allow enough time for CAB action and the contracting process. The contract effective date must be prior to the start date of the internship. Included in the application should be a brief outline or syllabus of what the intern will be exposed to during his/her internship. Costs for the internship grants shall be at least split 50/50 between the applicant and the CDOA, with the CDOA portion not to exceed the current maximum reimbursable rate as established by the CAB. The current rate is available on the Division’s web site. The CDOA prefers internship grants to span one year, however if specific circumstances exist, the CDOA will review them on a case by case basis. Internship grants will not count against the predetermined cap set by the CAB. Since airports use different schedules for their internship, there is no defined “cycle” for intern requests. The Division will accept applications for interns throughout the year, as long as the timing for the intern is reasonable with the timing of the request. 14 After the intern grant has been awarded by the CAB, the intern selection process is handled solely by the airport. The potential intern should be either currently enrolled or a recent graduate of an aviation management, or some reasonable facsimile, baccalaureate program at an accredited college or university. The purpose of this CAB and CDOA sponsored funding initiative is to provide airports with additional manpower with minimal costs to the airport, while training future airport executives. From the CDOA and CAB perspective it is equally important for both parties, airport and intern, to benefit from this experience. 3.7. Surplus Equipment Program With the cooperation of CDOT, DIA, and the CAB, the CDOA coordinates surplus equipment sales for Colorado public-use airports. Equipment at these sales are offered to Colorado airports in order to make equipment such as snow plow, mowers, loaders, service vehicles, etc more affordable. All Colorado Public-Use airports are eligible to purchase surplus equipment from DIA or CDOT. At the time of purchase airports are required to sign a Surplus Equipment Program Assurance Form. This form specifies all applicable assurances and rules associated with the piece of surplus equipment that was purchased. Colorado Public-Use airports are eligible to receive CDOA grant funds to purchase surplus airport equipment when such a program has been approved by the CAB. When a surplus grant program is available, participating airports will receive a grant agreement from the CDOA. The grant agreement will need to be signed by the responsible airport sponsor or manager and returned to the CDOA for reimbursement of a specified portion of the equipment purchased from DIA or CDOT. The surplus equipment grants will not count against the CAB cap. 3.8. Aviation Education Program The Colorado Aeronautical Board and the Division of Aeronautics are tasked with administering aviation grant funds collected from tax on aviation fuel sold in the State of Colorado. One element of that program is to support aviation education. Aviation education is defined as programs, projects and or initiatives that improve or enrich aviation within the Colorado aviation community and can include among others, programs for professionals within aviation, 15 pilots, students transitioning into an aviation career, K – 12 students and educators. Education grantees desiring recurring grant awards will be required to maintain a 5 year grant funding plan with the Division, as described in Chapter 4 in this Manual. The education funds will be apportioned under two categories. The first will be internships as defined in and administered under section 3.5 of the Division’s Discretionary Grant Program Manual. The second will be all other education programs including but not limited to the education of aviation professionals and outreach to K-12 students and educators. Level of funding for internships will be considered and approved each year based upon the internship requests and available funds. The level of funding for all aviation education programs will be reviewed and established annually by the Board to determine appropriate levels. The Division staff currently submits a general program funding level to the Board annually, for consideration and approval. Henceforth it will also submit for approval a separate funding level proposal specific to education. 4. Grant Evaluation Criteria 4.1. Capital Improvement Program Annually Colorado airports are eligible to receive FAA AIP and/or CDAG funds to assist in developing and maintaining their facilities. To put these funds to the best possible long-term use, airports are requested to participate in the CIP process with the assistance of the CDOA staff. The CIP is a five year plan which identifies capital projects and equipment purchases, provides a planning schedule and identifies options for financing the plan. Essentially, the plan provides a link between the airport, the State and FAA for budget planning purposes. The CIP process starts with a letter and a copy of the most recent CIP being sent to the airport usually in the spring of the year. The contents of this section will include the benefits of the CIP process, contents of the CIP, the overall process and the specific steps. Benefits The CIP process provides many benefits including: 16 • Allowing for a systematic evaluation of all potential projects at the same time • The ability to review projects statewide for trends and possible economies of scale • Review of projects for meeting the goals of the system • The ability to assist with the prioritization of projects to maximize funding • To budget the needs of airports with the funds available • Focus on preserving the airports infrastructure while ensuring the efficient use of state funds Contents The CIP typically includes the following information: • A listing of the capital projects or equipment to be purchased. • The projects ranked in order of preference. • The plan for financing the projects. • A timetable for the construction or completion of the project. Overall Process Prior to undertaking the development of the CIP, the airport will want to define the criteria for what kind of projects or equipment are to be included. What is defined as a capital project or capital purchase may vary from airport to airport depending on the size of the airport. Generally, they will be tangible items that have a life expectancy greater than one year. An airport will also need to forecast where it believes it will face future demands and growth, which will involve an inventory of existing facilities, infrastructure and equipment. Because the CIP includes financing issues, the airport will want to ensure their financial personnel are involved in the process. Specific Steps 1. CIP and letter sent to airports 2. Marked up CIP’s returned to the Division and the FAA 3. CIP reviewed with internal staff and FAA 4. CIP projects are evaluated against funding available and airport needs 5. Projects are prioritized 6. Discussion and correspondence with airports about their CIP’s 7. Updated CIP’s are returned to the airports 8. Update Existing/Ongoing Capital Programs 4.2. Strategic Grantmaking The purpose of Strategic grantmaking is to ensure that the grants given out by the CDOA address the previously established goals and priorities of the Colorado aviation system, as established in the most recent CASP. By addressing the goals and needs of the Colorado aviation system, we are able to obtain a measurable and tangible benefit of the CDAG program. The needs of the Colorado Aviation System are constantly growing and changing, and always 17 exceeding the amount of funding available. With strategic grant making we will be able maximize our grant investment in the system. One of the highest priorities of the CDOA and the CAB is to have the dollars granted out each year directly link to at least one of the statewide system goals in the CASP. By linking as many grants as possible to a specific goal or need we are able to measure how our investment has moved the system forward. The discretionary grant program was designed for airports to ask for money that would address airport specific needs and or goals. Through the process of strategic grantmaking we will be able to address the needs of the airports, as the grant program was intended to do, and also ensure that the statewide Colorado aviation system is meeting the demands of its users. Strategic grantmaking is one of the criteria for evaluating grant applications. Through the evaluation process it will be determined how the requested project will help meet statewide system goals, or how this will help continue to meet a goal that has been previously achieved. It is very important for the grant applicant to be aware that their grant will be evaluated not only on how the requested project will benefit them, but what type of statewide benefit it will provide to the system. The CDOA has not and will not dictate what the local airports request in forms of grants, but the CDOA has the responsibility to make sure the money in the grant program is being used in a responsible and efficient manner. Strategic grantmaking will provide a link between the local need and the benefit to the state aviation system by addressing both unmet needs at the same time. Grants that do not directly tie to a goal of the state aviation system will still be considered for funding by the CDOA and CAB. Strategic grantmaking is just one of the steps in the evaluation process; the CAB always has the discretion to fund any project that comes before them, as long as it meets statutory requirements for eligibility and is a high priority for the airport sponsor. The CASP provides a great overview of the goals, priorities and objectives for the Colorado aviation system, however it does not or could not possibly address every situation that could arise. That is why it is a high priority for the CDOA and CAB for grant projects to have a link to the goals of the CASP, but the CAB always has discretionary authority which gives them the flexibility to be able to provide our customers with the highest level of service possible. As part of our Annual Report process, we will demonstrate to the Colorado General Assembly how the grant dollars have helped improve the Colorado aviation system. 4.3. PCI The FAA requires airports to have a Pavement Management Plan in order to be eligible for AIP funds. A large component of such a plan is PCI. The CDOA provides this service for all paved publically owned 18 airports, excluding DIA, and all paved privately owned but publically accessible airports that have a functional role of major or intermediate. Airport functional roles can be found in the most recent CASP. The FAA requires an inspection and report every three years. The CDOA performs PCI inspections and generates PCI reports. This report is provided to each airport, the FAA Denver Airports District Office, while one is retained by the Division. This report includes pavement inventory, condition, and suggested maintenance. This is one of the elements used in the decision making process for grant request. This report is not intended to be a formula. There are numerous other factors used in the evaluation of grant requests. This data is used to confirm pavement project justification, size, and comparative value only as one component of a multifaceted decision making process. 4.4. Historical Performance As discussed previously in 2.1.5 the CDOA tracks and measures the expenditures of grants. Over each 12 month period after the notice to proceed was issued the CDOA tracks how much money was spent until the grant is closed. If an airport has a number of open grants with little or no activity and is requesting additional funding, this information may be considered negatively by the CDOA during the application evaluation process. In addition to lack of activity on existing grants, the CDOA also tracks the timely submission of fuel tax reporting. Airports are required to fill out a fuel tax report on a monthly basis by the 25 th of the month after the month being reported. The fuel tax report will allow the CDOA to reimburse airports their portion of the fuel tax. If airports are delinquent in filing their fuel tax form, this will also be taken into consideration when those airports request a grant. For more information on the fuel tax reimbursement process please see our web site at http://colorado- aeronautics.org/aerofueltax.htm 4.5. Education Grant Priorities The following priorities will be used (not necessarily in the following order) in evaluating grant applications for education funds: • Programs having K-12 education programming as an objective • Education and training for aviation professionals. • Programs with statewide geographical and broad demographic reach. • Organizations demonstrating the capability of becoming locally sustainable. 19 • Grant requests from not-for-profit organizations • The quality and completeness of the submission and how it quantifies and impacts the program. • The extent to which a funded program measures and validates its anticipated success will be a consideration for future grant approval. Education grant application acceptance and processing will be accomplished within the same grant process utilized for all other discretionary grants. The Division Staff will be responsible for accepting and evaluating each grant application and then making a recommendation to the Board for its consideration. This chapter is intended as a guide to direct the application and administration of grant requests. This chapter does not limit The Colorado Aeronautical Board’s authority. The Board maintains the authority to make discretionary decisions in all matters. 5. Grant Contracting Process 5.1. Grant Agreement All grants given by the CDOA will go through the same contracting process. After approval of a grant by the CAB a letter will be sent to the grant recipient with 3 copies of the grant agreement and a resolution inviting the CDOA and CAB to participate in the community and allowing the project director authority over the project. The agreement must be signed by the appropriate party according to the State Controller’s office. In most cases the agreement must be signed by the chair or vice-chair of the governing body or their designee. These requirements are included in the letter that accompanies the agreements. After all 3 copies of the grant agreement and resolution are signed by the appropriate party they are to be sent back to the CDOA Grants Administrator for processing. If there are any issues with the contract they will be sent back to the sponsor/Project Director at that time. After reviewing the agreements for completeness the agreements are then signed by the CDOA Director and a representative of the State Controller. Following final execution of the contract one copy is retained by CDOT Accounting, one by the CDOA, and the third copy is returned to the airport with a Notice to Proceed letter. 20 5.2. Grant Amendments Modifications to grants will occur for a variety of reasons. Changes to a grant will fall under one of three categories; scope of work changes, budget modifications, and extensions of contracts. All three of these categories will be resolved with a formal grant amendment. Scope of Work changes or budget modifications that do not require additional funding and are consistent with the original scope of work may be handled administratively without CAB action. All grant agreements are good for three years. In the event that the contract term needs to be extended beyond three years, an amendment can be issued with justification. This modification can be handled administratively by the CDOA staff. Much like the original grant agreements, 3 copies of the grant amendment will be sent to the sponsor. After being signed by the appropriate party all 3 copies need to be returned to the Division for the same routing as the original contract. After final execution of the amendment an amendment executed letter will be returned to the sponsor with their copy of the grant amendment. 6. Grant Administration 6.1. Notice to Proceed After the notice to proceed has been sent by our office, the grantee is now able to start work on the project. All purchases and contracting for the work to be done, is handled directly between the airport and vendor/contractor. Airports must follow their own purchasing rules and regulations. 6.2. Requests for Reimbursement All CDAG grant funds are expended on a reimbursement basis, meaning the grantee is responsible for covering the upfront cost of the work. As the work is completed, expenses incurred by the grantee are eligible for reimbursement. The reimbursement process starts with the grantee filling out the Aviation Claim for Costs Incurred form. After the form has been completed and all supporting documentation of the incurred expenses has been attached, it can be sent to the CDOA for processing. CDOA will reimburse the costs incurred at the same percentage rate as what the CDOA/local share of the grant is. For example If CDOA granted $40,000 to an airport with their local match being $10,000, this would be an 80/20 grant 21 meaning CDOA is paying for 80% and the remaining 20% is coming from the grantee. Therefore during the reimbursement process the CDOA will reimburse the costs incurred at a rate of 80% up to the not to exceed grant amount. 6.3. Project Close Out At the completion of each project, the grantee is required to fill out a Project Completion & Acceptance Certificate. This is a self certification document stating that the work has been completed as agreed upon and that there are no more costs associated with the grant. The Project Completion & Acceptance Certificate should be submitted with the final request for reimbursement. If there are any funds remaining in the grant after the project has been completed, those funds will be liquidated and returned to the aviation fund. Appendix A: Frequently Asked Questions Am I eligible for a Discretionary Aviation Grant? If you operate a FAA designated public use airport you are eligible for a grant. Grants must be used for aviation purposes only. See Chapter 1 for more detail. How do I apply for a Grant? During the normal grant cycle the CDOA will solicit grant applications from the public use airports in Colorado. See Chapter 3 for more detail. How much local match is required? There is no rule or statute that dictates a local requirement, however the CAB has unwritten policy that 20% of the project total should come from the grantee. See Chapter 3 for more detail. Why do I have to present my request to the CAB? On occasion the CAB likes to hear from grant applicants regarding the grant that is being requested. Typically the CAB will ask for a presentation for one of three reasons. A potential 22 conflict of interest exists between a CAB member and the grant applicant, the CDOA staff does not recommend the project, or the CAB is just interested and would like to hear more about your request. See Chapter 3 for more detail. Why does our sponsor need to sign a resolution? Included in the CDOA and CAB enabling legislation, it is required that the local communities invite the CDOA and CAB into their communities. The resolution acts as the invitation for financial support from the CAB. Do I have to bid my project? It depends, once a grant has been issued by the CDOA, it is up to the grantee to follow all local purchasing rules and regulations. The CDOA and CAB do not have any requirements on how the goods or services are procured as long as the local rules of the grantee are followed. See Chapter 6 for more detail. How many request for reimbursement forms do I need to fill out? The CDOA only needs one signed Aviation Claim for Costs Incurred form filled out. See Chapter 6 for more detail. Can I receive my reimbursement via electronic transfer? Yes, please contact the CDOA for more information regarding electronic fund transfers. How long is the grant good for? Each grant is given a three year life span. If for some reason the work is not completed within that time an amendment can be issued. See Chapter 5 for more detail. If there is money left in my grant can I use it for something else? No, grant dollars can only be used for what the CAB approved. See Chapter 5 for more detail. 23 B: Sample Documents and Forms 24 25 AVIATION CLAIM FOR COSTS INCURRED RETURN ORIGINAL FORM TO: Colorado Department of Transportation Division of Aeronautics 5126 Front Range Parkway Watkins, CO 80137 Telephone: (303) 261-4418 FAX: (303) 261-9608 GRANTEE: To Be Completed by CDOT Personnel GRANT NUMBER: Percent Complete: ELEMENT: PART 1 ELEMENT DESCRIPTION Total % State Local Federal/Other A. $ $ $ $ B. $ $ $ $ C. $ $ $ $ D. $ $ $ $ TOTALS $ $ $ $ PART 2 – Grantee to complete shaded yellow area CLAIM ELEMENT: Total State Local Federal/Other Beginning Balance $ $ $ $ Total Previous Claims $ $ $ $ Total This Claim $ $ $ $ Remaining Balance $ $ $ $ PART 3 Grantee Vendor Number Claim Number Project Director Signature Date CDOA Review Date Approved for Payment Date 26 Aviation Grant Project Completion & Acceptance Certificate Return original form to: Colorado Division of Aeronautics Telephone: 303-261-4418 Attn: Fax: 303-261-9608 5126 Front Range Parkway Watkins, CO 80137 Airport: Grantee: Grant Number: This document verifies that the project has been completed and accepted by the project director. Signing this certificate states that all costs for claims have been submitted and the grant can now be closed out. Project Director: ________________________________________ ______________________________________________ Print Name Signature Date: ___________________________________________ Date of Project Completion: 27 Supplemental Funding Request Application Airport: __________________________________________________________________ Project Director: ______________________________ Phone Number:_____________ Grant Number to be Supplemented: ______________ Date: _____________________ Supplemental Funding Amount Requested (State share) $ ________________________ Yes No Is this a FAA match increase If Yes, please specify the additional amount of Federal Dollars $________________________ Grant Budget Project Total State Local Federal Current Contract $ $ $ $ Requested Amount $ $ $ $ Total $ $ $ $ Justification for supplemental request(please add additional sheets if necessary) If supplemental funding request is denied how will it affect the project? ________________________________________________________ _______________________ Sponsoring Agency Signature & Title Date Division of Aeronautics Staff Use Only Recommended for Funding Reviewed By: Date Yes No 28 29 Colorado Revised Statutes limit the use of funds derived from Airport Formula Refunds. C.R.S. 43-10-110 (b) The transfer of moneys pursuant to this subsection (2) shall be based upon monthly reports made by the department of revenue, pursuant to the provisions of sections 39-26-715 (1) (a) (I) and (2) (a) and 39-27-102 (1) (a) (IV) (C), C.R.S., and transmitted to the division. Such moneys shall only be used for aviation purposes. Aviation purposes are defined in C.R.S. 43-10-102 Definitions: (3) (a) "Aviation purposes" means any objective that provides direct and indirect benefits to the state aviation system and includes, but is not limited to: (I) Any work involved in constructing, planning, or repairing a public airport or portion thereof and may include any work involved in constructing or maintaining access roads; 30 (II) The removal, lowering, relocation, and marking and lighting of any hazard to the safe operation of aircraft utilizing federal rules and regulations as guidelines for determining such hazards; (III) The acquisition of navigational aids used by aircraft landing at or taking off from such airport; (IV) The acquisition of safety equipment necessary for the enhancement of the state aviation system; (V) Any research study, proposal, or plan for the expansion, location, or distribution of aviation facilities or resources that are directly related to the state aviation system; (VI) The promotion of economic development which is related to the promotion, development, operation, or maintenance of the state aviation system; (VII) Any acquisition of land, of any interest therein, or of any easement through or other interest in airspace, including land for future airport development, which is necessary to permit any such work or to remove, mitigate, prevent, or limit the establishment of any hazard to the safe operation of aircraft; and (VIII) Any informal education or training made available to the public concerning aviation in the state or any informational materials for dissemination to the public concerning aviation. (b) Subsidization of airlines is expressly prohibited as an aviation purpose except for the promotion and marketing of air service at airport facilities. - 1 - RESOLUTION 2014-024 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT (CDAG #14-FNL-I01) WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (COLORADO AERONAUTICAL BOARD) FOR THE FUNDING OF AN INTERN POSITION PERTAINING TO THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT WHEREAS, Title 43, Article 10 of the Colorado Revised Statutes, entitled “Aviation Safety and Accessibility/Aeronautics Division” declares that there exists a need to promote the safe operation and accessibility of general aviation and interstate commercial aviation in Colorado and in pursuance thereof, has established the Colorado Aeronautical Board (the “Board”) and, among the duties assigned to the Board, is the power to establish policy and procedures for distribution of monies in the Aviation Fund; and has also created the Division of Aeronautics (the “Division”) to carry out the directives of the Board; and WHEREAS, any entity operating a public-accessible airport such as the Fort Collins- Loveland Municipal Airport (the “Airport”) may file an application with the Division for a grant to be used exclusively for aviation purposes, provided that such grant is supported by a resolution passed by the applicant’s governing body requesting such assistance and assuring that if any grant is awarded, it will be used solely for aviation purposes and will comply with all grant procedures and requirements as defined in the Division’s most recently adopted Aviation Grant Management Manual (the “Manual”); and WHEREAS, the City Council of the City of Fort Collins, as one of the duly authorized governing bodies of the Airport intends by this resolution to provide grant assurances to the Board pursuant to the Grant Agreement entitled “CDAG #14-FNL-I01" for the funding of an intern position, attached hereto as Exhibit “A” and incorporated herein by this reference (the “Grant Agreement”). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council, as one of the duly authorized governing bodies of the applicant Fort Collins-Loveland Municipal Airport, hereby formally requests assistance from the Board and the Division in the form of a state aviation system grant in the amount of $33,280.00 with a contractual local match in the amount of $33,280.00; and the City Council further states that the grant, if awarded, shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. Section 2. That the City Council hereby commits, to the extent permitted by law, to keep the public areas of the airport facility accessible to, and open to the public during the term of the internship or, if not, then will reimburse the Division for any unexpired useful life of the improvements/equipment on a pro-rata basis. By signing the Grant Agreement, the City Council further commits the City, to the extent permitted by law, to keep open and accessible for public use, all prior grant funded facilities, improvements and services that relate to the public areas of - 2 - the airport facility for their useful life, as determined by the Division and stated in the Grant Agreement. Section 3. That the City Council hereby designates Jason Licon, Airport Director, as the Project Director and authorizes the Project Director to act in all matters relating to the work project proposed in the Application and further authorizes the City Manager to execute the Grant Agreement on behalf of the City in substantially the form attached hereto as Exhibit “A,” together with such additional or modified terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and advance the purposes set forth in this Resolution. Section 4. That the City has appropriated its share of all funds that are required to be provided by the City and the City of Loveland under the terms and conditions of the Grant. Section 5. That the City hereby accepts all guidelines, procedures, standards, and requirements described in the Intern Manual as applicable to the performance of the grant work project and hereby approves the Grant Agreement, which manual is attached hereto as Exhibit “B”. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk CDOT – Aeronautic Division CDAG # 14-FNL-I01 ROUTING # 14 HAV 47011 SAP PO # 0291001561 CMS # 14 HAV 47011 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 1 of 21 STATE OF COLORADO Colorado Department of Transportation Colorado Aeronautical Board Division of Aeronautics Grant Agreement with the Cities of Fort Collins and Loveland TABLE OF CONTENTS 1. PARTIES .................................................................................................................................................. 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ..................................................................... 1 3. RECITALS ............................................................................................................................................... 2 4. DEFINITIONS ......................................................................................................................................... 2 5. TERM ....................................................................................................................................................... 3 6. STATEMENT OF WORK / CONTRACT OBJECTIVE PLAN ............................................................. 3 7. PAYMENTS TO GRANTEE ................................................................................................................... 3 8. REPORTING - NOTIFICATION ............................................................................................................ 5 9. GRANTEE RECORDS ............................................................................................................................ 5 10. CONFIDENTIAL INFORMATION-STATE RECORDS ....................................................................... 6 11. CONFLICTS OF INTEREST................................................................................................................... 6 12. REPRESENTATIONS AND WARRANTIES ......................................................................................... 7 13. INSURANCE ........................................................................................................................................... 7 14. BREACH .................................................................................................................................................. 8 15. REMEDIES .............................................................................................................................................. 9 16. NOTICES and REPRESENTATIVES ................................................................................................... 10 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE .............................................. 11 18. GOVERNMENTAL IMMUNITY ......................................................................................................... 11 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM ..................................................................... 11 20. GENERAL PROVISIONS ..................................................................................................................... 12 21. COLORADO SPECIAL PROVISIONS ................................................................................................ 14 22. SIGNATURE PAGE .............................................................................................................................. 16 23. EXHIBIT A ............................................................................................................................................ 17 24. EXHIBIT B ............................................................................................................................................ 20 1. PARTIES This Grant Agreement (“Grant”) is entered into by and between The City of Fort Collins and The City of Loveland (“Sponsors”), and the STATE OF COLORADO acting by and through the Colorado Department of Transportation, Division of Aeronautics (“State” or ”Division”). The Sponsor represents and warrants to the State that it has the authority to act on behalf of Fort Collins Loveland Muncipal Airport and to bind the Airport to the provisions in this Grant (the Sponsor and the Airport are collectively hereinafter called the “Grantee”). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY EXHIBIT A CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 2 of 21 This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (“Effective Date”). Except as provided in Section 7(B)(v), the State shall not be liable to pay or reimburse Grantee 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. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in CRS §43-10-108.5 and funds have been budgeted, appropriated and otherwise made available pursuant to CRS §§39-27-112(2)(b), 43-10-109 and 43-10-102 and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The purpose of this Grant is to promote aviation for the betterment of the Colorado Aviation System. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget “Budget” means the budget for the Work described in Exhibit A. B. Evaluation “Evaluation” means the process of examining Grantee’s Work and rating it based on criteria established in §6 and §19. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Colorado Discretionary Aviation Grant Program Application) …and… Exhibit B (Resolution in accordance with the General Assembly of the State of Colorado declared in CRS §43-10-101). D. Goods “Goods” means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant “Grant” means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds “Grant Funds” means available funds payable by the State to Grantee pursuant to this Grant. G. Local Funds “Local Funds” provided by any city, county or other private entity to fund performance of the Work. H. Manual “Manual” refers to the Aviation Grant Management Manual as approved by the Colorado Aeronautical Board. I. Party or Parties “Party” means the State or Grantee and “Parties” means both the State and Grantee. J. Program CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 3 of 21 “Program” means the Colorado Discretionary Aviation grant program that provides the funding for this Grant. K. Review “Review” means examining Grantee’s Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6, §19 and Exhibit A. L. Services “Services” means the required services to be performed by Grantee pursuant to this Grant. M. Subgrantee “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of its obligations. N. Work “Work” means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A, including the performance of the Services and delivery of the Goods. The Work is further described in the plans and specifications for the project as approved by the Federal Aviation Administration (“FAA”) or the Division. O. Work Product “Work Product” means the tangible or intangible results of Grantee’s Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initial Term-Work Commencement The Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on 06/30/2015 unless sooner terminated or further extended as specified elsewhere herein. 6. STATEMENT OF WORK / CONTRACT OBJECTIVE PLAN A. Brief Project Description: Element A: Aviation Management Internships B. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A and in the plans and specifications for the project as approved by the FAA or Division on or before 06/30/2015. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. C. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. Grantee is subject to its local procurement standards. If none exist, Grantee is subject to the general procurement standards of the State. D. Employees All persons employed by Grantee or Subgrantees shall be considered Grantee’s or Subgrantees’ employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $33,280.00 as determined by the State based on available funds. CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 4 of 21 The maximum amount payable under this Grant to Grantee by the State is 50% of the project cost not to exceed $33,280.00 for Element A, as determined by the State from available funds in Fund 160, G/L account # 4511000010, & Vendor # 0002000212 & Partner # N/A (if applicable), and Org. # V009T-033. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit A. The State and Grantee shall participate in providing the Grant amount as follows: State: $33,280.00 Local Funds: $33,280.00 Federal: $0.00 B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant, shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. Grant Funds remaining following the completion and approval of the Work or the termination/expiration of the Grant will be returned to the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State’s current fiscal year. Therefore, Grantee’s compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State’s performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State’s liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. iv. Erroneous Payments At the State’s sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. v. Retroactive Payments The State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules and regulations applicable to the Work provide for such retroactive payments to the Grantee. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or any Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit A. This shall be used solely for aviation purposes as defined in CRS §43-10-102(3) and this Grant shall not be used for the CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 5 of 21 subsidization of airlines. Misuse of Grant Funds, including subsidization for airlines, may result in immediate termination of this Grant for cause and forfeiture of any remaining Grant Funds. D. Local Funds Grantee shall provide Local Funds as provided in Exhibit A. Grantee shall have raised the full amount of Local Funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. E. Payment Compliance All Grant reimbursements shall comply with Title 49 Part 18 of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Additionally, Grantee shall only be reimbursed for costs allowable under 2 CFR Part 125, Appendix A. Sponsor requests that all Grant Funds be distributed by the State to the Airport. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee’s performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in the Manual. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee’s ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein. If the State’s principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. C. Noncompliance Grantee’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. D. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records until the last to occur of the following: (i) a period of three years after the date this Grant is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the “Record Retention Period”). B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 6 of 21 this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee’s sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee’s performance hereunder. D. Final Audit Report If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, any State records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS §24-72-101 et seq. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State’s principal representative. B. Notification Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. To the extent permitted by law, the Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 7 of 21 Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee’s obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority – Grantee and Grantee’s Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee’s authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “GIA”), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each Grant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee’s liabilities under the GIA. ii. Non-Public Entities CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 8 of 21 If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subgrantees that are not "public entities". B. Grantee and Subgrantees Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability Insurance policy (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee’s receipt of such notice. vii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 9 of 21 B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B), provided however, that the State may terminate this Grant pursuant to §15(B) without a breach. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant’s terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subgrants. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State’s property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State’s damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 10 of 21 Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee’s performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee’s performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee’s actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State’s best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 11 of 21 Todd Green Division of Aeronautics 5126 Front Range Parkway Watkins, CO 80137 todd.green@state.co.us B. Grantee: Jason Licon Cities of Fort Collins and Loveland 4900 Earhart Road Loveland, CO, 80538 jason.licon@cityofloveland.org 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State’s rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the GIA. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the GIA and the risk management statutes, CRS §24-30-1501, et seq., as amended. 19. STATEWIDE CONTRACT 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 §19 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 Contract 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 Contract 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 Contract 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 CDOT and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 12 of 21 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 a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee’s rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification-General To the extent permitted by law, Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the GIA, or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. If Grantee is a “public entity” within the meaning of GIA, liability is controlled and limited by the provisions of the GIA. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification i. By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. I. Order of Precedence CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 13 of 21 The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions, ii. The provisions of the main body of this Grant, iii. Exhibit A, and iv. Exhibit B. J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. O. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 14 of 21 21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1) This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. 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. C. GOVERNMENTAL IMMUNITY No term or condition of this Grant 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. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee 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 Grantee or any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee 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. E. COMPLIANCE WITH LAW. Grantee 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. F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. 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 Grant, to the extent capable of execution. G. 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 Grant or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507 CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 15 of 21 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 Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. J. 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. K. PUBLIC GRANTS 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] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E- Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee 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 Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101 Grantee, 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 Grant. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 16 of 21 22. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE City of Fort Collins By: _______________________________________________________________________________________________________ Print Name of Authorized Individual Title: _______________________________________________________________________________________________________ Print Title of Authorized Individual _____________________________________________ *Signature Date: _________________________ STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Transportation Donald E. Hunt – Executive Director _______________________________________ By: David C. Gordon, Aeronautics Division Director Signatory avers to the State Controller or delegate that, except as specified herein, Grantee has not begun performance or that a Statutory Violation waiver has been requested under Fiscal Rules Date: _________________________ GRANTEE City of Loveland By: _______________________________________________________________________________________________________ Print Name of Authorized Individual Title: _______________________________________________________________________________________________________ Print Title of Authorized Individual _____________________________________________ *Signature Date: _________________________ ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Colorado Department of Transportation Date:_____________________ CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 20 of 21 24. EXHIBIT B RESOLUTION WHEREAS: The General Assembly of the State of Colorado declared in Title 43 of the Colorado revised Statutes, Article 10, 1991 in CRS §43-10-101 (the Act) “… 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…” 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 CRS §43-10-103 and C.R.S. §43-10-105 and CRS §43-10-108.5 of the Act. 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 Aviation Grant Management Manual, revised 2009, (“the Manual”). NOW, THEREFORE, BE IT RESOLVED THAT: The City of Fort Collins and The City of Loveland, as a duly authorized governing body of the grant applicant, hereby formally requests assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state aviation system grant. The Cities of Fort Collins and Loveland states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. Each airport-operating entity that applies for and accepts a grant that it thereby makes a COMMITMENT to keep the airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements/ equipment; or b) to reimburse the Division for any unexpired useful life of the improvements/ equipment, or a pro-rata basis. By signing this grant agreement, the applicant commits to keep open and accessible for public use all grant funded facilities, improvements and services for their useful life, as determined by the Division and stated in the Grant Agreement. FURTHER BE IT RESOLVED: That The City of Fort Collins and The City of Loveland hereby designates Jason Licon as the Project Director, as described in the Manual and authorizes the Project Director to act in all matters relating to the work project proposed in the Application in its behalf, including executions of the grant contract and any amendments. FURTHER: The City of Fort Collins and The City of Loveland has appropriated or will appropriate or otherwise make available in a timely manner all funds, if any, that are required to be provided by the Applicant under the terms and conditions of the grant contract. FINALLY: CDOT -- Aeronautic Division CDAG#: 14-FNL-I01 Document Builder Generated AeronauticsGrant.30.Sep11 – originated from approved OSC Grant template Rev 1/12/11 Page 21 of 21 The City of Fort Collins and The City of Loveland hereby accepts all guidelines, procedures, standards and requirements described in the Manual as applicable to the performance of the grant work and hereby approves the grant contract submitted by the State, including all terms and conditions contained therein. for The Grantee ATTEST _____________________________ Fort Collins-Loveland Municipal Airport Internship Manual Program Syllabus Program Progress Checklist References Fort Collins-Loveland Municipal Airport 4900 Earhart Road Loveland, CO 80538 (970)-962-2851 (970-962-2855 (Fax) www.fortloveair.com EXHIBIT B TABLE OF CONTENTS Table of Contents i-ii I. General iii II. Work Responsibilities iii A. Airport Administration 1. Minimum Standards 1 2. Airport Rules and Regulations 1 3. Standard Form of Ground Lease Agreement 1 4. Standard Form of T-Hangar Lease Agreement 1 5. Storm Water Management Plan 1 6. Spill Prevention Control and Countermeasures Plan 1 7. Special Projects, Reports, Surveys, etc. 1 8. Contract Negotiations 1 9. Asset Inventory System 1 10. Computer System/Network 1 11. Personnel Manual 2 12. By-Laws and Airport Board Relations 2 B. Airport Finance 1. Annual Budget and Preparation 2 2. Purchasing Policy and Practices 2 3. Accounts Payable and Receivable 2 4. Petty Cash Procedures 2 5. Budget Deviations 2 6. Emergency Purchases 2 C. Federal Aviation Administration Requirements 1. Relevant Federal Aviation Regulations 2 2. Advisory Circular System 2 3. Notice to Airmen 2 4. Grant Applications/Assurances 3 5. CAB Grant Applications 3 D. Engineering 1. Plans Filing System 3 2. Reading/Interpreting Drawings 3 3. Specifications and Bid Documents 3 4. Plans Review 3 5. Construction Safety/Phasing Plans 3 6. Airport Layout Plan 3 E. Airport Operations 1. Airport Safety Self Inspection 3 2. Building Area Inspections 3 3. Airport Security Plan 3 i 4. Airfield Escorts 3 5. Wildlife Control 4 6. NOTAM Issuance 4 7. Snow and Ice Control Plan 4 8. Company Radio Communications 4 9. Aeronautical Communications 4 10. Standard Phraseology 4 11. Pager Operations and Requirements 4 12. Aircraft Recognition 4 13. FBO/Aircraft Ground Operations 4 14. Fuel Farm and Mobile Refuelers 4 15. After Hours On Call Policy 4 16. Part 77 Surfaces 4 17. Airspace Studies 4 18. Surrounding Land Use 4 F. Airport Maintenance 1. Buildings Maintenance 5 2. Pavement Maintenance and Repairs 5 3. Airfield Lighting Fixtures and Equipment 5 4. Custodial 5 5. Airfield Mowing and Weed Control 5 6. Equipment Maintenance 5 G. Aircraft Rescue and Fire Fighting 1. ARFF Truck Inspection and Operations 5 2. Personal Protection Equipment Use 5 3. SCBA Use 5 4. ARFF Policies 5 5. Live Burn Scenario 5 6. Airport Emergency Plan 5 7. Mutual Aid Communications 6 8. Documenting Incidents/Accidents 6 9. Preservation of Scene 6 10. FAA and NTSB Notifications 6 H. Marketing and Promotions 1. Public Presentation 6 2. Marketing Literature 6 3. Development Opportunities 6 4. Media Relations and Press Releases 6 5. Airport Tour Program 6 I. Capital Improvement Program 1. Airport Master Plan 6 2. Six Year Capital Improvement Program 6 3. FAA and State Reporting Requirements 6 4. Construction Project Safety, Coordination and Monitoring 6 Program Progress Checklist 7-12 Reference Documents 13 ii I. GENERAL This manual was produced as a guide in establishing and carrying out a collegiate internship program for the Fort Collins-Loveland Municipal Airport. The internship functions and activities described in this manual are intended to provide an all around introduction to professional airport management and operations at a public use large general aviation airport. Where possible, programs associated with commercial service (FAR Part 139 Certificated) airports is also included. This program further intends that the student/intern will benefit by gaining actual experience and exposure to the operational functions of a public airport, while the airport will benefit by gaining an enthusiastic worker who wants to learn as much as possible in this specific area. The aviation industry and the people of Colorado will benefit by the enhancement of the education and preparation of the people who will be the future airport operators of Colorado. This manual follows at a minimum, the Airport Internship curriculum published by the Colorado Department of Transportation Aeronautics Division, and the recommendations of the American Association of Airport Executives (AAAE). II. WORK RESPONSIBILITIES The intern’s work duties will be directly related to the operation of the airport, and will involve both inside and outside work. Work duties will generally include airport management functions, airfield operations, airport maintenance activities (including operation of maintenance equipment) airport finance and budgeting, marketing and promotions, aircraft rescue and fire fighting, and special projects. While the intern will work directly for the Airport Manager, he/she may routinely work under the supervision of other airport staff members. iii 1 Fort Collins-Loveland Municipal Airport INTERNSHIP PROGRAM SYLLABUS OUTLINE The intern position is intended to be exposed to the following areas of airport management and operations during the program. At the end of the internship period, the intern is intended to be able to either demonstrate adequate knowledge in each of these areas, and/or to adequately perform the noted functions to a degree reasonably consistent with the level or amount of exposure which has been achieved in these areas during the program. A. AIRPORT ADMINISTRATION 1. Minimum Standards - Demonstrate knowledge of document, why it is necessary, and how it is applied. 2. Airport Rules and Regulations - Demonstrate knowledge of document, why it is necessary, and how it is applied. 3. Standard Form of Ground Lease Agreement - Demonstrate understanding of terms and conditions, and circumstances under which deviations would be considered. 4. Standard Form of T-Hangar Lease Agreement - Demonstrate knowledge of document, why it is necessary, and how it is applied. 5. Storm Water Management Plan - Demonstrate familiarity with the plan and a basic understanding of the regulations requiring the plan and how it is enforced. Conduct an actual storm water inspection, and complete all necessary forms for filing with the State of Colorado. 6. Spill Prevention Control and Countermeasures Plan - Demonstrate knowledge of document, why it is necessary, and how it is applied. 7. Special Projects, Reports, Surveys Etc. - Is able to follow instructions and work independently in carrying out special projects which may require substantial research, and written or oral reports which document results. 8. Contract Negotiations - Demonstrates understanding of issues justifying negotiation of leases, service agreements, or consultant contracts. 9. Asset Inventory System - Is able to carry out the identification, cataloging, and tagging of assets, including conducting an equipment audit. 10. Computer System/Network - Possesses the skills to competently operate a personal computer which is networked with others, including proficiency with 2 standardized software programs used in the daily management and operations of the airport. 11. Personnel Manual - Has read and is familiar with the personnel regulations of the organization, and can reference back to the appropriate documents when necessary. 12. By-Laws and Airport Board Relations - Understands the makeup of the Steering Committee, Inter-Governmental Agreement relating to it, and has attended Committee meetings and/or made oral presentations to the Steering Committee on various subjects. B. AIRPORT FINANCE 1. Annual Budget and Preparation - Has reviewed and is familiar with the annual airport budget, understands the circumstances under which funds from the budget are to be expended/earned, and has assisted with the budget’s preparation. 2. Purchasing Policy and Practices - Has reviewed and is familiar with the rules for the purchase of goods and services, and has conducted purchases and solicited bids for services. 3. Accounts Payable and Receivable - Has a working knowledge of the collection of revenues and payment of expenses, and has carried out computer entry requirements for both. 4. Petty Cash Procedures - Can determine when petty cash expenditures are warranted and are familiar with reimbursement procedures. 5. Budget Deviations - Has a basic understanding of circumstances which may warrant a deviation from the established budget, and knows how to go about obtaining approval for same. 6. Emergency Purchases - Has a basic understanding of circumstances which may warrant an emergency purchase, and is familiar with the airport’s policy on same. C. FEDERAL AVIATION ADMINISTRATION REQUIREMENTS 1. Relevant Federal Aviation Regulations - Knows which FAR’s are relevant to normal airport operations, and can reference details of each to solve problems or answer questions. 2. Advisory Circular System - Is familiar with the FAA AC system, knows how they are organized, and can competently reference them to solve operational problems or answer questions. 3 3. Notice to Airmen (NOTAMS) - Understands what they are, what circumstances warrant their issuance, and can competently write, issue, and disseminate same. 4. Grant Applications/Assurances - Has been exposed to the grant application and grant assurance process, and understands the steps required to obtain a federal grant. 5. CAB Grant Applications - Has been exposed to the grant application and grant assurance process, and understands the steps required to obtain a state grant. D. ENGINEERING 1. Plans Filing System - Is familiar with the method used to organize and file plan drawings, and can file or locate plans when necessary. 2. Reading/Interpreting Drawings - Can read and accurately interpret the basic features of design plans, and how they relate to airport operational characteristics. 3. Specifications and Bid Documents - Is familiar with the basic inclusions of a specification/bid document, and can locate sections relevant to airport operational safety. 4. Plans Review - Has reviewed a set of partial plans for airport planning and operational considerations. 5. Construction Safety/Phasing Plans - Has been involved with the planning, and conduct of on-going airfield safety during both the design and construction process of a project. 6. Airport Layout Plan (ALP) - Understands the importance of an ALP, is familiar with its contents, and is capable of using it in carrying out his/her regular duties. E. AIRPORT OPERATIONS 1. Airport Safety Self Inspection Program - Knows how to properly conduct a safety self inspection, and can conduct one with little to no direct supervision. 2. Building Area Inspections - Knows what to look for during a safety inspection within the building areas of the airport. 4 3. Airport Security Plan - Is familiar with the Airport Security Plan, has conducted enforcement activities of the plan, and can issue and maintain the ID card system of the airport. 4. Airfield Escorts - Has conducted escorts of persons, vehicles and equipment requiring access to the restricted portions of the airport. 5. Wildlife Control - Understands the hazards of wildlife in the airport environment, and has carried out activities in their control or removal from the airport. 6. NOTAM Issuance - Is capable of identifying situations warranting the issuance of NOTAMS, and can write, issue and disseminate NOTAMS. 7. Snow and Ice Control Plan - Is capable of identifying snow and ice threats, and carrying out the plan, including directing priorities for snow removal. Also includes the operation of snow removal equipment during events, and conducting airfield inspections for field condition reporting. 8. Company Radio Communications - Is capable of routinely using the company radio system in the manner necessary to fulfill work obligations. 9. Aeronautical Communications - Has become familiar with typical aeronautical communications language and use, and can appropriately apply these skills in carrying out his/her duties. 10. Standard Phraseology - Has learned the phonetic alphabet and standard aeronautical phraseology and uses it in his/her normal work routine. 11. Pager Operations and Requirements - Knows of the requirements in carrying and using an airport issued pager. 12. Aircraft Recognition - Can recognize by make and model those types of aircraft that frequent the airport, and knows of the basic seating and operating characteristics. 13. FBO/Aircraft Ground Operations - Has a basic knowledge of FBO and aircraft ground handling operations, including types of equipment and their use. 14. Fuel Farm and Mobile Refuelers - Has a basic knowledge of airport fuel farm and mobile refueler equipment and their operations. 15. After Hours On Call Policy - Has worked on call hours and responded to the airport after hours for emergencies or other related issues. 16. Part 77 Surfaces - Is familiar with the imaginary surfaces defined by FAR 5 Part 77, and can reference it in working through airspace obstruction issues. 17. Airspace Studies - Can collect relevant information pertaining to an airspace study, and has completed the appropriate forms for transmitting to the FAA. 18. Surrounding Land Use - Understands the nature of incompatible land uses, and has participated in the review of proposed development near the airport. F. AIRPORT MAINTENANCE 1. Buildings Maintenance - Has assisted maintenance division with general repairs and maintenance on hangars and buildings. 2. Pavement Maintenance and Repairs - Is familiar with the various methods for conducting repairs to paved surfaces and the pavement maintenance program, and has assisted the maintenance division in carrying out typical maintenance and repair activities. 3. Airfield Lighting Fixtures and Equipment - Understands the operation of the airfield lighting system and electrical vault, and has assisted the maintenance division in repairing equipment and systems. 4. Custodial - Has assisted the maintenance division in carrying out routine and special custodial functions. 5. Airfield Mowing and Weed Control - Can operate airport tractors and mowing equipment, and has conducted typical mowing and weed control operations on the airport. 6. Equipment Maintenance - Has knowledge of the basic principles of preventive maintenance on equipment, and has assisted the maintenance division in performing routine or special maintenance on equipment. G. AIRCRAFT RESCUE AND FIRE FIGHTING 1. ARFF Truck Inspection and Operations - Can conduct a regular preventive maintenance and equipment check on an aircraft rescue vehicle, and reasonably understands the performance of the truck, and has operated the vehicle. 2. Personal Protection Equipment (PPE) Use - Knows the requirements and operating parameters of PPE, including maintenance and upkeep, and can don and use the equipment properly. 3. SCBA Use - Can competently inspect, operate, and use self contained breathing apparatus, along with PPE. 6 4. ARFF Policies - Is familiar with the requirements and limitations placed on airport fire fighters through current policies. 5. Live Burn Scenario - If available, attend annual live fire training and conduct actual live fire extinguishing activities. 6. Airport Emergency Plan - Is familiar with the Airport Emergency Plan, and is capable of activating and carrying out the plan. 7. Mutual Aid Communications - Is capable of conducting and following the established communication procedures with mutual aid agencies in the event of an emergency. 8. Documenting Incidents/Accidents - Is capable of adequately documenting on behalf of the airport, the details of aircraft incidents and accidents. 9. Preservation of Scene - Understands and complies with the requirements of preserving the scene of an accident. 10. FAA and NTSB Notifications - Knows how and who to contact in properly reporting an incident or accident. H. MARKETING AND PROMOTIONS 1. Public Presentation - If available, has conducted a public presentation to assist in the marketing of the airport within the local community. 2. Marketing Literature - Is familiar with marketing literature and knows when and how to properly distribute same. 3. Development Opportunities - Can speak intelligently concerning the opportunities for development on the airport. 4. Media Relations and Press Releases - Knows under what circumstances to provide press releases, and is familiar with generally acceptable practices concerning releasing information to the media about the airport or incidents occurring at the airport. 5. Airport Tour Program - Has conducted tours of the airport facility to school groups and other similar organizations. I. CAPITAL IMPROVEMENT PROGRAM 1. Airport Master Plan - Has reviewed and is generally familiar with the Airport Master Plan and the airport’s long term development goals. 7 2. Six Year Capital Improvement Program (CIP) - Knows the contents of the 6 year CIP, and importance of annually updating same. 3. FAA and State Reporting Requirements - Knows the requirements for updating and submittal of capital improvement programs. 4. Construction Project Safety, Coordination and Monitoring - Can successfully monitor construction projects on an on-going basis, to ensure compatibility with plans and safety on the airport. 8 Fort Collins-Loveland Municipal Airport INTERN PROGRAM PROGRAM PROGRESS CHECKLIST This checklist will be completed periodically throughout the course of the internship, and again at the end, to document the students ability to adequately demonstrate knowledge or performance in each of the required areas. NAME: PERIOD ENDING: ADEQUATELY DEMONSTRATES/ PERFORMS YES NO A. AIRPORT ADMINISTRATION 1. Minimum Standards 2. Airport Rules and Regulations 3. Standard Form of Ground Lease Agreement 4. Standard Form of T-Hangar Lease Agreement 5. Storm Water Management Plan (SWMP) 6. Spill Prevention Control & Countermeasures Plan (SPCC) 7. Special Projects, Reports, Surveys, etc. 8. Contract Negotiations 9. Asset Inventory System 10. Computer System/Network 11. Personnel Manual 12. By-Laws and Airport Board Relations Reviewers Comments: 9 ADEQUATELY DEMONSTRATES/ PERFORMS YES NO B. AIRPORT FINANCE 1. Annual Budget and Preparation 2. Purchasing Policy and Practices 3. Accounts Payable and Receivables 4. Petty Cash Procedures 5. Budget Deviations 6. Emergency Purchases Reviewers Comments: C. FEDERAL AVIATION ADMINISTRATION REQUIREMENTS 1. Relevant FAR’s 2. Advisory Circular System 3. Notice To Airmen (NOTAMS) 4. Grant Applications/Assurances 5. CAB Grant Applications Reviewers Comments: 10 ADEQUATELY DEMONSTRATES/ PERFORMS YES NO D. ENGINEERING 1. Plans Filing System 2. Reading/Interpreting Drawings 3. Specifications and Bid Documents 4. Plans Review 5. Construction Safety/Phasing Plans 6. Airport Layout Plan (ALP) Reviewers Comments: E. AIRPORT MAINTENANCE 7. Buildings Maintenance 8. Pavement Maintenance and Repairs 9. Airfield Lighting Fixtures and Equipment 10. Custodial 11. Airfield Mowing & Weed Control 12. Equipment Maintenance Reviewers Comments: 11 ADEQUATELY DEMONSTRATES/ PERFORMS YES NO F. AIRPORT OPERATIONS 1. Airport Inspection Program 2. Building Area Inspections 3. Airport Security Plan 4. Airfield Escorts 5. Wildlife Control 6. NOTAM Issuance 7. Snow and Ice Control Plan and Reporting 8. Company Radio Communications 9. Aeronautical Communications 10. Standard Phraseology 11. Pager Operations and Requirements 12. Aircraft Recognition 13. FBO/Aircraft Ground Operations and Support Equipment 14. Fuel Farm and Mobile Refuelers 15. After Hours On Call Policy and Procedures 16. Part 77 Surfaces 17. Airspace Studies 18. Surrounding Land Uses Reviewers Comments: 12 ADEQUATELY DEMONSTRATES/ PERFORMS YES NO G. EQUIPMENT OPERATIONS 1. Snow Removal Equipment and Operations 2. Operations Vehicle 3. Heavy Equipment Operations 4. Small Equipment Operations Reviewers Comments: H. AIRCRAFT RESCUE AND FIRE FIGHTING 1. ARFF Truck Inspection and Operations 2. Personal Protection Equipment (PPE) Use 3. SCBA Use 4. ARFF Policies 5. Live Burn Scenario 6. Airport Emergency Plan 7. Mutual Aid Communications 8. Documenting Incidents/Accidents 9. Preservation of Scene 10. FAA, NTSB notifications Reviewers Comments: 13 ADEQUATELY DEMONSTRATES/ PERFORMS YES NO I. MARKETING AND PROMOTIONS 1. Public Presentation 2. Marketing Literature 3. Development Opportunities 4. Media Relations and Press Releases Reviewers Comments: J. CAPITAL IMPROVEMENT PROGRAM 1. Airport Master Plan 2. Six Year Capital Improvement Program (CIP) 3. FAA and State Reporting Requirements 4. Construction Project Safety, Coordination and Monitoring Reviewers Comments: Reviewers Signature: Date: 14 REFERENCE DOCUMENTS FEDERAL AVIATION REGULATIONS - FAR Part 139 - TSAR Part 1542 - FAR Part 77 FAA ADVISORY CIRCULARS - Airport Safety Self Inspection / AC 150/5200-18B - Operational Safety on Airports During Construction / AC 150/5370-2C - Airport Master Plans / AC 150/5070-6A - Standard for Airport Markings / AC 150/5340-1H - Airport Design / AC 150/5300-13 - Notices to Airmen for Airport Operators / AC 150/5200-28B - Airport Winter Safety Operations / AC 150/5200-30A - Debris Hazards at Civil Airports / AC 150/5380-5B FORT COLLINS-LOVELAND MUNICIPAL AIRPORT DOCUMENTS - Minimum Standards for Commercial Activities - Airport Rules and Regulations - By-Laws of the Fort Collins-Loveland Municipal Airport - Public Airport Authority Act - Storm Water Management Plan - Spill Prevention Control and Countermeasures Plan - Airport Security Plan - Airport Budget and Rates and Charges - Ground Lease Agreement - T-Hangar Lease Agreement - Storage Unit Lease Agreement - NOTAM Logbook and Computer Files - Surrounding Land Use Guidelines - Airport Emergency Plan