HomeMy WebLinkAbout2010-020-04/20/2010-AUTHORIZING THE CITY MANAGER TO EXECUTE TWO GRANT AGREEMENTS WITH THE STATE OF COLORADO (CDAG #10-FN RESOLUTION 2010-020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE TWO GRANT
AGREEMENTS WITH THE STATE OF COLORADO (CDAG #10-FNL-0I
AND CDAG 410-FNL-I01) FOR FUNDING PERTAINING TO THE
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
WHEREAS,the General Assembly of the State of Colorado has enacted the Aviation Safety
and Accessibility Act(the"Act")and in Section 43-10-101 thereof has declared that: "...there exists
a need to promote the safe operation and accessibility of general aviation and intrastate commercial
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"; and
WHEREAS, 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;and
WHEREAS, any entity operating a public-accessible airport in the state may file an
application for and be a recipient of a grant to be used solely for aviation purposes; and
WHEREAS, the Division is authorized to assist airports which request assistance by means
of a resolution adopted by the applicant's duly-authorized governing body, with the understanding
that all funds shall be used exclusively for aviation purposes and that the governing body will
comply with all grant procedures and requirements as defined in the Division's current Aviation
Grant Manual (`'the Manual"); and
WHEREAS,the cities of Loveland and Fort Collins(the"Applicants")have jointly applied
for certain grants identified as CDAG#10-FNL-01 and CDAG#10-FNL-101 (the"Grants")pursuant
to grant agreements, attached hereto as Exhibits A and B and incorporated herein by this reference
(collectively, the "Grant Agreements").
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
Applicants, hereby formally requests assistance from the Colorado Aeronautical Board and the
Division of Aeronautics in the form of state aviation system.grants, with the understanding that the
Grants shall be used solely for aviation purposes, as determined by the State, and as generally
described in the applications submitted by the Applicants (the "Applications").
Section 2. That the City Council hereby commits to: (a) keep the Airport facility
accessible and open to the public during the entire useful life of the Grant-funded
improvements/equipment; or (b) reimburse the Division for any unexpired useful life of the
improvements/equipment on a pro-rata basis.
Section 3. That by signing the Grant Agreements,the City further 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 Agreements.
Section 4. That the City Council hereby designates the Airport Manager as the Project
Director (as that term is described in the Manual) and authorizes the Project Director to act on its
behalf in all matters relating to the project work proposed in the Applications.
Section 5. That the City Council has appropriated its share of all funds that are required
to be provided by the City under the terms and conditions of the Grant Agreement for Grant CDAG
#10-FNL-01 and no further appropriation by the City is needed in support of the Grant Agreement
for Grant CDAG#10-FNL-I01.
Section 6. That,subject to the foregoing,the City Council 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 Agreements submitted by the State, including all
terms and conditions contained therein, and authorizes the City Manager to execute the same.
Passed and adopted at a regular meeting of the Co 1 o the City of Fort Coll' s this 20th
day of April, A.D. 2010.
Mayor
ATTEST:
1
City Clerk.
EXHIBIT A
CDAG# l0-FNL-01
CDOT-Aeronautics Division
Routing#
CDAG#10-FNL-01
SAP PO#
CMS#
STATE OF COLORADO
Colorado Department of Transportation
Colorado Aeronautical Board
Grant Agreement
with
City of Loveland & City of Fort Collins
TABLE OF CONTENTS
1.PARTIES.............................................................................................................................................................................. 1
2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY................................................................................................. 1
3.RECITALS........................................................................................................................................................................... l
4.DEFINITIONS.....................................................................................................................................................................2
5.TEIUM and EARLY TERMINATION.................................................................................................................................3
6.STATEMENT OF WORK...................................................................................................................................................3
7.PAYMENTS TO GRANTEE...............................................................................................................................................3
8.REPORTING-NOTIFICATION........................................................................................................................................4
9.GRANTEE RECORDS........................................................................................................................................................4
10.CONFIDENTIAL INFORMATION-STATE RECORDS.................................................................................................5
11.CONFLICTS OF INTEREST............................................................................................................................................6
12.REPRESENTATIONS AND WARRANTIES..................................................................................................................6
13.INSURANCE.....................................................................................................................................................................6
14.BREACH............................................................................................................................................................................7
15.REMEDIES........................................................................................................................................................................7
16.NOTICES and REPRESENTATIVES...............................................................................................................................9
17.RIGHTS IN DATA,DOCUMENTS.AND COMPUTER SOFTWARE..........................................................................9
18.GOVERIWI ENTAL IMMUNITY.....................................................................................................................................9
19. STATEWIDE GRANT MANAGEMENT SYSTEM...................................................................................................... 10
20.GENERAL PROVISIONS............................................................................................................................................... 10
21.COLORADO SPECIAL PROVISIONS.......................................................................................................................... 12
22.SIGNATURE PAGE........................................................................................................................................................ 15
EXHIBIT A-COLORADO DISCRETIONARY AVIATION GRANT APPLICATION......................................................
EXHIBITB-RESOLUTION....................................................................................................................................................
1. PARTIES
This Grant Agreement(hereinafter called"Grant') is entered into by and between Cities of Loveland &Fort
Collins(hereinafter called"Grantee"), and the STATE OF COLORADO acting by and through the Department
of Transportation-Aeronautics Division(hereinafter called the"State"or"Division"). The Sponsors represent
and warrant to the State that they have the authority to act on behalf of the Fort Collins-Loveland Municipal
Airport(the"Airport") and to bind the Airport to the provisions in this Grant (the Sponsors and the Airport are
collectivey hereinafter called the"Grantee").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller
or designee(hereinafter called the"Effective Date").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.
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3. RECITALS
A. Authority,Appropriation,And Approval
Authority to enter into this Grant exists in C.R.S §43-10-108.5 and funds have been budgeted, appropriated
and otherwise made available pursuant to C.R.S. §39-27-112(2)(b) and C.R.S. §43-10-109 and a sufficient
unencumbered balance thereof remains available in the Aviation Fund for encumbering and subsequent
payment of the Agreement under Vendor IDs 5100012 (City of Loveland). &2000023 (City of Fort
Collins Fund 160, GL No.4518000010, and Organizational Code VDG10-033. 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 at Colorado public use airports 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. Manual
"Manual" refers to the Aviation Grants Management Manual as approved by the Colorado Aeronautical
Board.
H. Party or Parties
"Party"means the State or Grantee and"Parties" means both the State and Grantee.
I. Program
"Program" means the Colorado Discretionary Aviation Grant program that provides the funding for this
Grant.
J. Review
"Review" means examining Grantee's Work to ensure that it is adequate, accurate,correct and in
accordance with the criteria established in §6 and Exhibit A.
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K.Services
"Services" means the required services to be performed by Grantee pursuant to this Grant.
L. 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").
Nl. 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 and EARLY TERMINATION.
A. Intial Term-Work Commencement
The Parties respective performances under this Grant shall commence on the Effective Date. This Grant
shall terminate on June 30,2013 unless sooner terminated or further extended as specified elsewhere
herein. Grant funds remaining following the completion of the project or the expiration of the contract will
be returned to the Aviation Fund.
6. STATEMENT OF WORK
A. Brief Project Description
Element A: Participate in Federally funded Runway 15/33 Rehab
Element B: Rehab of the General Aviation ramp
B. Completion
Grantee shall complete the Work and its other obligations as described herein in Exhibit A and in the plans
and specifications for the project as approved by the FAA on or before June 30,2013.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 Sub-grantees shall be considered Grantee's or Sub-grantees'
employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
E. Federal Laws, Rules and Regulations
If the Grant Funds involve Federal funding,Grantee understands and agrees that Federal laws, rules and
regulations will control the Work and its implementation. Unless a written waiver is granted,Grantee
agrees to comply with all required Federal laws, rules and regulations applicable to the Work,in addition
to all State requirements.
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 2.5% up to$210,526 (Element
A),and 80% up to$39,474(Element B)of the project cost not to exceed $250,000,as determined by the
State from available funds. 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:
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State: $250,000
Local: $220,395
Federal: $8,000,000
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 or such 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.
H. 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 fully appropriated
or otherwise become unavailable for this Grant, the State may terminate it in whole or to the extent of
funding reduction, without further liability,after providing notice to Grantee in accordance with §16.
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 party other than the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit A.This shall not be
used solely for aviation purposes as defined in CRS §43-10-102(3) and this Grant shalll not be used for the
subsidization of airlines. Misuse of Grant Funds, including subsidization for airlines, may result in
forfeiture.
D. Matching Funds
Grantee shall provide matching funds as provided in Exhibit A. Grantee shall have raised the full amount
of matching 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 Governements. Additionally, Grantee shall only
by reimbursed for costs allowable under 2 CFR Part 125, Appendix A.
F.Payment Remittance
Sponsor requests that all Grant Funds be distributed by the State to the Airport,Vendor ID 2000212.
8. REPORTING-NOTIFICATION
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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
Grantee shall submit a report to the State 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(the Record
Retention Period)until the last to occur of the following: (1) 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
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 inequity 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
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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 on this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes,but is not necessarily limited to,
state records,personnel records, and information concerning individuals.
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, Sub-grantees, 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.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,Sub-grantees,or assignees pursuant to this§10.
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
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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 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 Sub-grantees that are public entities,
providing Goods or Services hereunder, to include the insurance requirements necessary to meet Sub-
grantee's liabilities under the GIA.
ii.Non-Public Entities
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 sub-Grantees that are not "public entities".
B. Certificates
Grantee and all Sub-grantees 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 Sub-grantee 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 sub-grant,Grantee and each Sub-grantee 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
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its property,which is not vacated or fully stayed within 20 days after the institution or occurrence thereof,
shall also constitute a breach.
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 that the State may terminate 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 sub-Grants.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.
I 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 Witholding
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
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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.
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.
iii. 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.
iv. 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 §I5(A)(i).
v.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:
vi. 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.
vii.Withold Payment
Withhold payment to Grantee until corrections in until corrections in Grantee's performance are
satisfactorily made and completed.
viii. 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.
ix. Removal
Demand removal of any of Grantee's employees, agents, or Sub-grantees 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.
x. 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 forgegoing 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
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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:
TK Gwin
CDOT-Division of Aeronautics
5126 Front Range Parkway
Watkins, CO 80137
303-261-4418
tk.gwin@dot.state.co.us
B. Grantee:
Larry Mack
Fort Collins-Loveland Municipal
Airport
4900 Earhart Road
Loveland,CO 80538
970-962-2853
mackl @ ci.lovelan.co.us
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 exclusive rights in such Work Product shall
include, but not be limited to,the right to copy, publish, display,transfer,and prepare derivative works.
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 Colorado Governmental
Immunity Act,CRS §24-10-101,et seq., as amended.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 Governmental Immunity Act and the risk
management statutes, CRS §24-30-1501,et seq.,as amended.
18. STATEWIDECONTRACT 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
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address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel and Administration(Executive Director), upon request by the Colorado Division of Aeronautics, and
showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may
contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either
removal or correction of the evaluation (CRS §24-105-102(6)),or(b) under CRS §24-105-102(6), exercising the
debarment protest and appeal rights provided in CRS §§24-109-106, 107,201 or 202, which may result in the
reversal of the debarment and reinstatement of Grantee, by the Executive Director,upon a showing of good
cause.
19. 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 Sub-grantees 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. Attribution
In all publications and publicly funded projects under this Grant a credit line shall be included that reads:
"This project paid for in part by a Coloraod Discretionary Aviation Grant from the Colorado Department of
Transportation, Division of Aeronautics".
C. 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.
D. 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.
E. Counterparts
This Grant may be executed in multiple identical original counterparts,all of which shall constitute one
agreement.
F. 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.
G. Indemnification-General
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, Sub-grantees,or assignees
pursuant to the terms of this Grant; however, the provions 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
Colorado Governmental Immunity Act,CRS §24-10-101 et seq.,or the Federal Tort Claims Act, 28 U.S.C.
2671 et seq., as applicable,as now or hereafter amended.
H. 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.
I. Modification
A. By the Parties
Except as specifically provided in this Grant, modifications hereof shall not be effective unless agreed
to in writing by the Parties in an amendment hereto, properly executed and approved in accordance
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with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies,
including,but not limited to, the policy entitled MODIFICATION OF CONTRACTS -TOOLS AND
FORMS.
xii. 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.
J. Order of Precedence
The provisions of this Grant shall govern the relationship of the State and Grantee.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:
xiii. Colorado Special Provisions,
xiv. The provisions of the main body of this Grant,
xv. Exhibit A,
xvi. Exhibit B,
K.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.
L. 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.
M. 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.
20. COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Grants except where noted in italics.
A. 1.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.2.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. 3. 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. 4.INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent Grantee 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 shall be available to Grantee and its
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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 Grant, 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. 5. 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.6. 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.7.BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra-judicial body or person.Any
provision to the contrary in this contract or incorporated herein by reference shall be null and void.
H.8.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.
1. 9.EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507.
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. 10.VENDOR OFFSET.CRS §§24-30-202(1)and 24-30-202.4.
[Not Applicahle 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
orjudicial action.
K. 11.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 Grant with an illegal alien who shall perform work under this Grant and shall 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
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established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or Grant with an
illegal alien to perform work under this Grant or enter into a Grant with a Sub-grantee that fails to certify to
Grantee that the Sub-grantee shall not knowingly employ or Grant 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 Sub-
grantee and the Granting State agency within three days if Grantee has actual knowledge that a Sub-grantee
is employing or Granting with an illegal alien for work under this Grant, (c) shall terminate the subGrant if
a Sub-grantee does not stop employing or Granting 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. 12.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 l/l/09
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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21. 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 STATE OF COLORADO
City of Loveland Bill Ritter,Jr.GOVERNOR
By: Colorado Department of Transportation
Print Name of Authorized Individual Russell George—Executive Director
Title: By:
Print Title of Authorized Individual Print Name of Authorized Individual
Title:
Print Title of Authorized Individual
*Signature
Date:
*Signature
Date:
2nd Grantee Signature if Needed LEGAL REVIEW
City of Fort Collins John W.Suthers,Attorney General
By:
Print Name of Authorized Individual By:
Title: Signature-Assistant Attorney General
Print Title of Authorized Individual
Date:
*Signature j
i
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
David J.McDermott,CPA
By:
Colorado Department of Transportation
Date:
Approv S To Form 15 of 15
cq
CDAG#10-RIL-41'— ` "
Exhibit A
r COLORADO DISCRETIONARY AVIATION GRANT
�—� APPLICATION
APPLICANT AGENCY(Airport sponsor)
Cities of Fort Collins and L.oyeland-Fort Collins'Loveland Municipal Airport
MAILING ADDRESS J---... CITY ZIP CODE
4900 Farhart Road _ Loveland -- 80538-
PHONE NUMBER FAX EMAIL --..�--v �—
(970 962-2851 970 962-2855 utackl(T:ci.lo%'cland.cu.us _
PROJECT PERIOD(mm1ddi1/ffj) FROM 1/1/2010 TO 122/31 t2010
II/I8/2009
fgnaltrre— pons it g gency, Tille l� D-ate (rttm/dd/yyyy)
RETURN ORIGINAL APPLICATION TO:
Colorado Department of Transportation Telephone: (303) 261-4418
Division of Aeronautics FAX: (303) 261-9608
5126 Front Range Parkway
Watkins, CO 80137 Or email to:
scoff.b rownle e(a,dot.s to te.co.us
_PROJECT SUMMARY ❑Additional Information Submitted with Application
Match of FAA Entitlement and Discresionary Grant
Ocneral Aviation ramp pavement rehabilitation
i
PROJECT FUNDING SUMMARY
FCAG $250,000 Local $320,395 FAA/Other $8.000.000
TOTAL $8,470,395.00
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I
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Exhibit A
i
IDENTIFY THE EXISTING PROBLEM (}Additional Information Submitted with Application
State funding will he used fill halrot'thc thatch Cor '010 FAA I million entitlement grant and '7 million
discresionary grant.
The remaining funds of the Slate -uranl Will be used to rehabilitate a portion of the General Aviation ramp
that is railing.
-- —
DEFINE THE PROPOSED PROJECT AND ESTIMATED SCHEDULE IN DETAIL
`INCLUDE LAYOUT SKETCH []Additional Information Submitted with Application
The project .will he to rehabilitate run�ay 1 i 3, replace runway light fixtures trod +Firing. bringgtithe - -
i Runway Safety Area to FAA standards. replace the segmented circle and replace the rotating beacon.
j :an area orlhe General Avialion rmttll that has failed will I),: rehabilitated with the rcmainin; State titluls.
i
i
Email
1,_CDAG Grant Funds Requested $250,000
2. Local In-Kind $
3. Local Cash _--_- _ _ _ $220.395 _
4. FAA Funds $8mo.0oo
5. Other Funds $
Identify Source:
6, Total.Other Funds (Items 2,3,4. 5) $8,220,395
7. Project Funding Summary (Total items t through s) � $80470,395
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Exhibit A
I
Define individual elements of each budget item
c
��TOTAIpI t
71
Capital Equipment
$a oo
Construction
RWY 15133 Rehab $2101,526.00 2.5% 5210,526.00 _2:5°/6 $8,000,000.00 95.0% $8,421',052.00
G.A. Ramp Reliab. S391474.00 80.U% $9,869.00 20.0% — 0:0°Jo S48 343.00
Other _
$0.00
PROJECT GRAND S8,470,395.00
TOTAL
o -
NAME
Lang Mack
MAILING ADDRESS CITY,STATE I ZIP CODE
4900 Earhart Road _.I Loveland j 805 38- _
PHONE NUMBER FAX EMAIL �—
970 9G2-2853 I, 902-23;; mackhtici.Itweland.co.us
NAME
MAILING ADDRESS _ ! CITY,STATE ZIP CODE
PHONE NUMBER FAX EMAIL
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EXHIBIT B
CDAG# 10-FNL-I01
CDOT-Aeronautics Division
Routing#
CDAG# 10-FNL-I01
SAP PO#
CMS#
STATE OF COLORADO
Colorado Department of Transportation
Colorado Aeronautical Board
Grant Agreement
with
City of Loveland & City of Fort Collins
TABLE OF CONTENTS
1.PARTIES.............................................................................................................................................................................. 1
2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY................................................................................................. 1
3.RECITALS........................................................................................................................................................................... 1
4.DEFINITIONS.....................................................................................................................................................................2
5.TERM and EARLY TERMINATION.................................................................................................................................3
6.STATEMENT OF WORK...................................................................................................................................................3
7.PAYMENTS TO GRANTEE...............................................................................................................................................3
8.REPORTING-NOTIFICATION........................................................................................................................................4
9.GRANTEE RECORDS........................................................................................................................................................4
10.CONFIDENTIAL INFORMATION-STATE RECORDS.................................................................................................5
11.CONFLICTS OF INTEREST............................................................................................................................................6
12.REPRESENTATIONS AND WARRANTIES..................................................................................................................6
13.INSURANCE.....................................................................................................................................................................6
14.BREACH............................................................................................................................................................................7
15.REMEDIES........................................................................................................................................................................7
16.NOTICES and REPRESENTATIVES...............................................................................................................................9
17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE..........................................................................9
18.GOVERNMENTAL IMMUNITY.....................................................................................................................................9
19. STATEWIDE GRANT MANAGEMENT SYSTEM...................................................................................................... l0
20.GENERAL PROVISIONS............................................................................................................................................... 10
21.COLORADO SPECIAL PROVISIONS.......................................................................................................................... 12
22. SIGNATURE PAGE........................................................................................................................................................ 15
EXHIBIT A—COLORADO DISCRETIONARY AVIATION GRANT APPLICATION......................................................
EXHIBITB-RESOLUTION....................................................................................................................................................
1. PARTIES
This Grant Agreement(hereinafter called"Grant') is entered into by and between Cities of Fort Collins&
Loveland(hereinafter called "Grantee"),and the STATE OF COLORADO acting by and through the
Department of Transportation—Aeronautics Division(hereinafter called the"State"or"Division'). The
Sponsors represent and warrant to the State that they have the authority to act on behalf of the Fort Collins-
Loveland Municipal Airport (the "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.
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller
or designee(hereinafter called the"Effective Date").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
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Authority to enter into this Grant exists in C.R.S §43-10-108.5 and funds have been budgeted, appropriated
and otherwise made available pursuant to C.R.S. §39-27-112(2)(b)and C.R.S. §43-10-109 and a sufficient
unencumbered balance thereof remains available in the Aviation Fund for encumbering and subsequent
payment of the Agreement under Vendor ID 5100012 (City of Loveland) &2000023 (Cityof f Fort
Collins), Fund 160, GL No.4518000010, and Organizational Code VDG10-033. 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 at Colorado public use airports 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. Manual
"Manual" refers to the Aviation Grants Management Manual as approved by the Colorado Aeronautical
Board.
H.Party or Parties
"Party" means the State or Grantee and "Parties" means both the State and Grantee.
I. Program
"Program"means the Colorado Discretionary Aviation Grant program that provides the funding for this
Grant.
J.Review
"Review" means examining Grantee's Work to ensure that it is adequate, accurate,correct and in
accordance with the criteria established in§6 and Exhibit A.
K.Services
"Services"means the required services to be performed by Grantee pursuant to this Grant.
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L. 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").
M. 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 and EARLY TERMINATION.
A. Intial Term-Work Commencement
The Parties respective performances under this Grant shall commence on the Effective Date. This Grant
shall terminate on June 30,2013 unless sooner terminated or further extended as specified elsewhere
herein. Grant funds remaining following the completion of the project or the expiration of the contract will
be returned to the Aviation Fund.
6.STATEMENT OF WORK
A. Brief Project Description
Twelve Month Airport Management Internship
B. Completion
Grantee shall complete the Work and its other obligations as described herein in Exhibit A and in the plans
and specifications for the project as approved by the FAA on or before June 30, 2013.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 Sub-grantees shall be considered Grantee's or Sub-grantees'
employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
E. Federal Laws, Rules and Regulations
If the Grant Funds involve Federal funding, Grantee understands and agrees that Federal laws, rules and
regulations will control the Work and its implementation. Unless a written waiver is granted, Grantee
agrees to comply with all required Federal laws, rules and regulations applicable to the Work, in addition
to all State requirements.
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 50% of the project cost not to
exceed $14,650,as determined by the State from available funds. 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: $14,650
Local: $14,650
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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 or such 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.
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 fully appropriated
or otherwise become unavailable for this Grant, the State may terminate it in whole or to the extent of
funding reduction, without further liability, after providing notice to Grantee in accordance with §16.
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 party other than the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit A.This shall not be
used solely for aviation purposes as defined in CRS §43-10-102 (3)and this Grant shalll not be used for the
subsidization of airlines.Misuse of Grant Funds, including subsidization for airlines, may result in
forfeiture.
D. Matching Funds
Grantee shall provide matching funds as provided in Exhibit A. Grantee shall have raised the full amount
of matching 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 Governements. Additionally,Grantee shall only
by reimbursed for costs allowable under 2 CFR Part 125,Appendix A.
F.Payment Remittance
Sponsor requests that all Grant Funds be distributed by the State to the Airport,Vendor ID 2000212.
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
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Grantee shall submit a report to the State 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(the Record
Retention Period) 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
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 inequity 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
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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 on this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to,
state records,personnel records,and information concerning individuals.
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, Sub-grantees, 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.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, Sub-grantees, or assignees pursuant to this §10.
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
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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 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 Sub-grantees that are public entities,
providing Goods or Services hereunder,to include the insurance requirements necessary to meet Sub-
grantee's liabilities under the GIA.
ii.Non-Public Entities
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 sub-Grantees that are not"public entities".
B. Certificates
Grantee and all Sub-grantees 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 Sub-grantee 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 sub-grant,Grantee and each Sub-grantee 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.
B.Notice and Cure Period
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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 that the State may terminate 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 ternnate 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 sub-Grants.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.
ill.Damages and Witholding
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.
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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.
iii. 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.
iv.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).
v. 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:
vi. 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.
vii. Withold Payment
Withhold payment to Grantee until corrections in until corrections in Grantee's performance are
satisfactorily made and completed.
viii. 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.
ix. Removal
Demand removal of any of Grantee's employees, agents, or Sub-grantees 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.
x. 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 forgegoing 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
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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:
TK Gwin
CDOT-Division of Aeronautics
5126 Front Range Parkway
Watkins, CO 80137
303-261-4418
tk.gwin@dot.state.co.us
B. Grantee:
Larry Mack
Fort Collins-Loveland Municipal
Airport
4900 Earhart Road
Loveland, CO 80538
970-962-2853
mackl@ci.lovelan.co.us
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 exclusive rights in such Work Product shall
include,but not be limited to,the right to copy,publish,display, transfer, and prepare derivative works.
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 Colorado Governmental
Immunity Act,CRS §24-10-101,et seq., as amended. 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 Governmental Immunity Act and the risk
management statutes, CRS §24-30-1501, et seq., as amended.
18.STATEWIDECONTRACT 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.
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Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder,the Executive Director of the Colorado Department of
Personnel and Administration(Executive Director), upon request by the Colorado Division of Aeronautics, and
showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may
contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either
removal or correction of the evaluation(CRS §24-105-102(6)), or(b) under CRS §24-105-102(6), exercising the
debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the
reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good
cause.
19. 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 Sub-grantees 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.Attribution
In all publications and publicly funded projects under this Grant a credit line shall be included that reads:
"This project paid for in part by a Coloraod Discretionary Aviation Grant from the Colorado Department of
Transportation,Division of Aeronautics".
C. 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.
D. 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.
E. Counterparts
This Grant may be executed in multiple identical original counterparts,all of which shall constitute one
agreement.
F.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.
G. Indemnification-General
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, Sub-grantees, or assignees
pursuant to the terms of this Grant; however, the provions 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
Colorado Governmental Immunity Act, CRS §24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C.
2671 et seq., as applicable, as now or hereafter amended.
H.Jurisdction 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.
I. Modification
A. By the Parties
Except as specifically provided in this Grant, modifications hereof shall not be effective unless agreed
to in writing by the Parties in an amendment hereto,properly executed and approved in accordance
with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies,
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including, but not limited to,the policy entitled MODIFICATION OF CONTRACTS -TOOLS AND
FORMS.
xii. 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.
J. Order of Precedence
The provisions of this Grant shall govern the relationship of the State and Grantee.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:
xiii. Colorado Special Provisions,
xiv. The provisions of the main body of this Grant,
xv. Exhibit A,
xvi. Exhibit B,
K.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.
L.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.
M. 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.
20. COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Grants except where noted in italics.
A. 1. 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. 2.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. 3.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. 4.INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent Grantee 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 shall 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
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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 Grant,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. 5. 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.6.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.7.BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any
provision to the contrary in this contract or incorporated herein by reference shall be null and void.
H. 8.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. 9.EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507.
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. 10.VENDOR OFFSET. CRS §§24-30-202 (1)and 24-30-202.4.
[Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4(3.5),the State
Controller may withhold payment under the State's vendor offset intercept system for debts owed to State
agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax,accrued
interest, or other charges specified in CRS §39-21-101,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. 11.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 Grant with an illegal alien who shall perform work under this Grant and shall 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 Grant with an
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illegal alien to perform work under this Grant or enter into a Grant with a Sub-grantee that fails to certify to
Grantee that the Sub-grantee shall not knowingly employ or Grant 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 Sub-
grantee and the Granting State agency within three days if Grantee has actual knowledge that a Sub-grantee
is employing or Granting with an illegal alien for work under this Grant,(c) shall terminate the subGrant if
a Sub-grantee does not stop employing or Granting 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. 12.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/l/09
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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21. 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 STATE OF COLORADO
City of Loveland Bill Ritter,Jr.GOVERNOR
By: Colorado Department of Transportation
Russell George—Executive Director
Print Name of Authorized Individual By:
Title:
Print Name of Authorized Individual
Print Title of Authorized Individual Title:
Print Title of Authorized Individual
*Signature
Date: *Signature
Date:
2nd Grantee Signature if Needed
City of Fort Collins LEGAL REVIEW
By: John W.Suthers,Attorney General
Print Name of Authorized Individual
Title: By
Signature-Assistant Attorney General
Print Title of Authorized Individual
Date:
*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
David J.McDermott,CPA
By:
Colorado Department of Transportation
Date:
A pr ed To Form 15 of 15
CDAG#10-FNL-101
Exhibit A
r COLORADO DISCRETIONARY AVIATION GRANT
INTERN APPLICATION ����*��
'APPLICANT INFORMATION
APPLICANT AGENCY(Airport spores
Cities of Fort Collins and Loveland-Fort Collins/Loveland Municipal Airport —
MAILING ADDRESS CITY ZIP CODE
4900 Earhart road Loveland 80538-
PHONE NUMBER FAX EMAIL
970) 962-285 l 970) 962-28SS mackl><G:ci.loveland.co.us
PROJECT PER[ )D nvddfym) FROM 1/1/2010 TO l2/31/2010
11/18/2009
Signafu -Sponsof' fAeygg6egncy, TiBe Date(mm/dd/yyyy)
RETURN ORIGINAL APPLICATION TO:
Colorado Department of Transportation Telephone: (303) 261-4418
Division of Aeronautics FAX: (303) 261-9608
5126 Front Range Parkway
Watkins, CO 80137 Or email to:
christine eidridge a()dot.state.co.us
INTERNSHIP CURRICULUM & SCHEDULE ® Please check if syllabus is attached.
This Intern Program will be fora duration of one year beginning February 1, 2010, forty hours per
week, Monday through Friday. "Hands-on" work in airport management,operations,
finance/administration.airfield and equipment maintenance. FAA and State grant administration. and
capital improvement projects. Compliance, inspection and record keeping of the Airport Security Plan
(ASP), Airport FAR 139 Certification Manual and Wildlife Management Plan will also be associated
with the job duties of the intern. A criminal history background check and a security threat assesment
will be conducted of the intern selectee per the requirements of the TSA. A syllabus will be provided
during advertisement for candidates.
INTERN FUNDING SUMMARY
FDAG $14,560 I Local $14.560
TOTAL $29,120.00J
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Exhibit A
BUDGET SUMMARY
Number of Interns requested:
CRAG 9b
Local
1. one Intern $14,560.00 50.0% $14,660.00 50.0% $29,120.00
2. — $0.
00
PROJECT GRAND TOTAL 529,120.00
INTERN PROJECT DIRECTOR
NAME
Larry Mack
MAILING ADDRESS CITY, STATE ZIP CODE
4900 Earhart Road Loveland y 80538-
PHONE NUMBER FAX EMAIL
(970) 962-285 (970) 962-2855 mackl•. ci.lo%eland.co.Lis_
LOCATION OF PROJECT FISCAL RECORDS (Complete only if different.than Intem Project Director)
NAME
same _
MAILING ADDRESS CITY, STATE 1 ZIP CODE
PHONE NUMBER — FAX EMAIL
1s )
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CDAG#10-FNL-101
Exhibit A
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.fortioveair.com
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CDAG#10-FNL-101
Exhibit A
TABLE OF CONTENTS
Table of Contents
I. General
11. 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
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Exhibit A
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
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CDAG#10-FNL-101
Exhibit A
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.
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CDAG#10-FNL-101
Exhibit A
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
1
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CDAG#10-FNL-101
Exhibit A
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
Airport Steering Committee, ordinances relating to it, and has attended
Committee meetings and/or made oral presentations to the 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 is 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.
2
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CRAG#10-FNL-101
Exhibit A
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.
3
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CDAG#10-FNL-101
Exhibit A
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 type 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
4
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CDAG#10-FNL-101
Exhibit A
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.
5
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CDAG#10-FNL-101
Exhibit A
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.
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COAG#10-FNL-101
Exhibit A
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.
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CDAG#10-FNL-101
Exhibit A
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 p ❑
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 p ❑
12. By-Laws and Airport Board Relations ❑ ❑
Reviewers Comments:
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CDAG#10-FNL-101
Exhibit A
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:
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i
CDAG#10-FNL-101
Exhibit A
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:
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CDAG#10-FNL-101
Exhibit A
ADEQUATELY
DEMONSTRATES/
PERFORMS
YES NO
I. MARKETING AND PROMOTIONS
1. Public Presentation p p
2. Marketing Literature ❑ ❑
3. Development Opportunities p ❑
4. Media Relations and Press Releases p p
Reviewers Comments:
J. CAPITAL IMPROVEMENT PROGRAM
1. Airport Master Plan ❑ ❑
2. Six Year Capital Improvement Program (CIP) p p
3. FAA and State Reporting Requirements ❑ ❑
4. Construction Project Safety, Coordination and Monitoring ❑ p
Reviewers Comments:
Reviewers Signature: Date:
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CDAG#10-FNL-101
Exhibit A
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 150/5340-1 H
- 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 150/5380-513
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
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