HomeMy WebLinkAbout1974-098-11/21/1974-AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER FROM THE UNITED STATES RELATING TO THE DEVELOPMENT OF TH RESOLUTION 74-98
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER
FROM THE UNITED STATES RELATING TO THE
DEVELOPMENT OF THE FORT COLLINS-LOVELAND
AIRPORT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That the City of Fort Collins shall, as co-sponsor
with the City of Loveland, Colorado, accept the grant offer from the Federal
Aviation Administration dated November 12, 1974, for the purpose of obtaining
federal aid in the development of the Fort Collins-Loveland Airport and that
such grant offer shall be as set forth hereinbelow
Section 2 That the City of Fort Collins does hereby ratify and
adopt all statements, representations, warranties, covenants and agreements
contained in the project application which is incorporated by reference
in the said grant offer
Section 3 That the Mayor is hereby authorized and directed to
execute said grant offer on behalf of the City of Fort Collins, and the City
Clerk is hereby authorized and directed to attest said execution
Section 4 That the grant offer hereinabove referred to shall
be as follows
~ Page 1 of 7 pages
DCOARTMF_NT OF TRANSPORTATI-ON
FLDERAL AVIATION ADMINISTRATION
V RA1 ' 4L AGREhMENT
s
Part 1 Offer
Date of Offer November 12, 1974
r
Fort Collins-Loveland Airport
i
Project No 7-08-0023-01
Contract No DOT-FA75RM-0472
TO Cities of Fort Collins and Loveland, Colorado
(herein referred to as the "Sponsor")
FROM The United States of America (acting through the ceder-1 Aviation Administration herein
referred to as the "FAA")
WHERFAS the Sponsor has submitted to the FAA a Proiert Applic ition doted September 18, 1974
for a grant of Federal funds for a project for dcvel 1p
ment of the Fort Collars-Loveland Airport(herein c ill-d
the ` AIrpert' ) t0oelhAr Avi1h plp*is and ;ecificdtions fjr �Qi,rh prnjrct, whirr Project Annhrption
11 I TA / 1 .. ..-71 .. .7 ..rin
as dPPf y.,u yr L 1V L 0 1 V VU, 11VV11JV1Y VLV Yl 4 4v PU+ a
WHEREAS, the FAA has approved a project foi duclopment of the Airport (herein called the
"Project' ) consisting of the following described airport development
"Acquire Index A, FAR 139 49(b) (1) , airport firefighting and
rescue vehicle "
all as more paiticularly described in the property map and plans and specifications incorporated in
the said Project Application,
FAA FORM 6100 l J PG 1 110 711 SUPFRSL.DES FAA FORM 163Z PG 1 PAGG f
Page 2 of 7 pages
NOW TIIFRErmi: pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Development Act of 1970 as amended (49 U S C 1701) and in consideration of (a)
the Sponsor s adoption and ratification of the representations and assurances contained in said
Project ApphLation -ind its accept ince of this Offer as herematter provided, and (b) the benefits
to accrue to the United States and the public from the accomplishment of the Project and the
operation and maintenance of the Airport as herein provided THE FEDLRAL AVIATION AD
MINISTRATION FOR AND ON BEHALF OF THE UNITED STATES, HERhBY OFFERS AND
AGRELS to pay as the United States share of the allowable costs incurred in accomplishing the
Project 82 percent of the cost incurred in the acquisition of airport firefighting
and rescue vehicle
This Offer is made on and subject to the following terms and conditions
1 The maximum obligation of the United States payable under this Offer shall be
$ 27,060
2 The Sponsor shall
(a) begin accomplishment of the Project within s3.xty (60) days
l after a%,ctp ante of th � Of47e o, such longer time aq may be prescribed by the FAA
witty ianure to CIO SO LOIISLILULI�l� jujL Lauac fvl tCri ^:.t�C^ Cf thA nhl,�gt one of the
United States hereunder by the FAA
(b) carry out and complete the Project without undue delay and in accordance with the
terms hereof the Airport and Airway Development Act of 1970 and Sections 152 51-
152 63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in
effect as of the date of acceptance of tlus Offer, which Regulations are Hereinafter
referred to as the Regulations
(c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein as they may be revised or modified with the
approval of the rAA
3 The allowable costs of the project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowabihty under Section 152 47 (b) of the Pegula
t ons
4 Payment of the United States sh-tie of the allowable project costs will be made pursuant
to ind in Iceoi d Ince with the provisions of Sections 152 65 — 152 71 of the Regulations
1 111a1 deterniui 111011 Is to the 111uwability of the cotits of the prolLCt will be ntadt, at the
time of the final grant p iynient purswint to Section 152 71 of the Regulations Provided
that, in the event a semi final grant payment is made pursuant to Section 152 71 of the
Regulations final determination as to the allowability of those costs to which such seine
final pay ment relates will be made at the time of such semi final payment
FAA FORA 5100-13 PG 2 17-7211 SUPERSEDES PREVIOUS EDITION PAGE 2
,e 3 of 7 pages
5 The Sponsor shall operate and mainta= the airport as provided in the
Projec'u Application incorporated herein and specifically covenants and
agrees, in accordance with its Assurance 20 in Part V of said Project
Application, that in its operation and the operation of all facilities
thereof, neither it nor any person or organization occupying space or
facilities thereon will discriminate against any person or class of
persons by reasons of race, color, creed or national origin in the use
of any of the facilities provided for the public on the carport
6 The FAA reserves the right to amend or withdraw this Offer at any time
prior to its acceptance by the Sponsor
7� This Offer shall expire and the United States shall not be obligated to
pay any part of the costs of the Project tiless this Offer has been
accepted by the Sponsor on or before November 29,1974 or such subsequent
date as may be prescribed in writing by the FAA
8 The Sponsor hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
thereof, as defined in the regulations of the Secretary of Labor at
41 CFR Chapter 60, which is paid for in whole or in part wi+h funds
obtained from the Federal Government or borrowed on the credi' of the
Federal Government pursuant to a grant, contract, loan, insurance, or
guarantee, or undertaken pursuant to any federal program involving
such grant, contract, loan, insurance, or guarantee the follow.Lrg
Equal Opporturuty Clause
During the performance of this contract, the contractor agrees as follows
a The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or
national origin The contractor will take affirmative action
to ensure that applicants are employed, and that employees are
treated during employment without regard to their race, color, sex,
or national origin Such actions shall include, but not be
limited to the following Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship The contractor
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause
b The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin
e The contractor shall send to each labor union or representative
of workers with which he has a collective bargaining aE-reement or
other contract or understanding, a notice to be provided advising
10/20/72
ge 4 of 7 pages
the said labor union or workers' representatives of the
contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment
d The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor
e The contractor will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by rules,
k regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor
for purposes of investzgat-on to ascertain compliance with such
rules, regulations and orders
f In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of the said
rules, regulations, or order, this contract may be canceled,
terminated, or su.pended in whole or in part and the contractor
may be declared ineligible for further government contracts of
federally assrstsd construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions maf be imposed and remedies
invoked as provided an Executive Order 11246 of September 24,
1965, or by rules, regulations, or order of the Secretary of
Labor, or as otherwise provided by law
g The contractor will include the portion of the sentence mrnediately
preceding paragraph a and the provisions of paragraph a through g
in every subcontract or purchase order unless exemptea by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so
that such provisions will be binding upon each subcontractor or
vendor The contractor will take sich action with respect to
any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including
sanctions for noncompliance Provided, however, that in the
event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request
the United States to enter into such litigation to protect the
interests of the United States
The Sponsor further agrees that it will be bound by the above Equal
Opportunity clause with respect to its own employment practices when
it participates in federally assisted construction work Provided,
that if the applicant so participating is a State or local government,
10/20/72
age 5 of 7 Pages
the above Equal Opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not
participate in work on or under the contract
The Sponsor agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance
of contractors and subcontractors with the Equal Opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor
that it will furnish the administering agency with the Secretary of
Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency
in the discharge of the agency's primary responsibility for securing
compliance
The Sponsor further agrees tnat it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of
24 September 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the Fqual Opportunity
clause as may be imposed upon contractors and subcontractors by the
administering a,encf or the Secretary of Labor pursuant to Part III,
Subpart D, of the Lxecutive Order In addition, the Sponsor agrees
that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions Cancel,
term,rsto or s»-,rend in whole or in nart this Brant (contract loan,
insurance, guarantee), refrain from extending any further assistance to
the Sponsor under the program with respect to which the failure or
refund occurred until satisfactory assurance of future compliance has
been received from the Sponsor, or refer the case to the Department
of Justice for appropriate legal proceedings
9 Tne Sponsor hereby further covenants that it will not permit any
permanent-type structures, other than structures required for aids to air
navigation and such other structures as may be specifically excepted
in writing by the FAA, to be erected on, and that it will cause any
existing structures to be removed from, each area identified on the
Exhibit "A" as "clear zone" or any portions thereof, concerning which the
Sponsor has acquired a fee interest with federal financial assistance,
irrespective of whether sucn structures constitute an obstruction to
air navigation
10 By its acceptance hereof, the Sponsor hereby covenants that to the extent
it has or may have either present or future control over each area
identified on the 1bJub3t "A" as "clear zone", and unless exceptions to
of deviat,ionU from the following obligations have been granted to the
Sponsor in writing by the FAA, it will clear said area or areas of any
existing structure or any natural growth which constitutes an obstruction
to air navigation with the standards established by Section 77 23 as applied
to Section 77 25, Part 77, of the Federal Aviation Regulations, and the
Sponsor further covenants that it will control the subsequent erection of
structures and control natural growth to the extent necessary to prevent
creation of obstructions within said standards
10/20/72
Page G of 7 pages
11 The Sponsor will send a copy of all invitations for bids
advertised or ne-otinted for concessions or other businesses
f at the aliport to the Office of Minority Business Enterprise
(OMBL) rield Operations Division, Department of Commerce
Washington, D C 20230, or to the local affiliate desi-nated
by the OMB1 The Sponsor will disclose and make infoimation
about the contracts, contracting procedures and requirements
available to OJDE or its desi�,nated affiliate and minority
firms on the same basis that such information is disclosed
and made -iv v lahle to other organizations or firms Responses
by minority firms to invitations for bids shall be treated in
the same in-inner as ill other responses to the invitations for
bids Compliance with the foregoing will be deemed to con-
stitute compliance by the Sponsor with the requirements of 49
CFR 21 Appendix C(a) (1) (x) , Regulations of the Office of the
Secretary of Transportation
12 The Federal Government does not now plan or contemplate the con-
struction of anj structures pursuant to Paragraph 27 of Part V,
Sponsor's Assurances, of the Project Application dated September 18,
1974, and therefore, it is understood and agreed that the Sponsor
is under no obligation to furnish any such areas or rights under
this Grant Agreement
Page 7 of 7 pages
The Sponsor s aca.ptance of this Offer and ratification ind adoption of the Projer t ApphL Mon
incorporited herein shill be evidenced by CXecut►on of this instrument by the Sponsor is IlLClin
after provided ind said Offer and ALLCptance shall comprise a Grant Agreement as provided by
the Airport ind Auwiy Dwi,lopnu.nt ALt of 1970 constitutuig the obligations and rights of th,
United States and the Sponsor with respect to the accomphshnunt of the PrOJLLt and the opLrat►on
and maintenance of the Airport Such Grant Agreeme�it shall become effective upon the Sponsors
acceptance of thus Offer and shall remain in full force and effect throughout the iiselul life of the
facilities developed under the Project but in any event not to exceed twenty years fiorn the date
of said acceptance
UNITED STATES OF AMERICA
FEDERAL AV ATI N A MINISTRATION
f
Z � <�
13y Chief, Denver Airport District Office - FAA ,
(TITLE)
Part 11 Acceptance
The City of Loveland, Colorado does hereby ratify and adopt all statements representations warranties, covenants and agreements contained in the Project Application and i uicorporated materials referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance agrees to all of the terms and conditions thereof
i
Executed this 19th day of November 19 74 I
City of Loveland, Colorado
(Name of Sponsor)
(SEAL) By .,��E�„�._, ax"-
Title Mayor ;
Attest �t
Title Lit p
y Clexlt r
Co-
CERTI FICAI E OF/SPONSOR S ATTORNEY
I Lynn A Hammond acting as Attorney for Qity of Loveland, Colorado,
(herein referred to as the /Sponsor ) do hereby cc►tify
Co- Co-
That I liavi, examined the foiegoing Grant Agreement and till proceedings taken by said
Co-Sponsor relating thLreto and find that the ALceptanLL thereof by slid/Sponsor has been duly auth
orized and that the ei.ecution thereof is in all respects due and proper and in accordance with the
laws of the State of Colorado and further that in my opinion said Grant
Agreement constitutes a legal and binding obligation of the/Sponsor in accordance with the terms
thereof Co-
Dated at Loveland= Colorado tilts 19th day of November 19 74 5
►
Title City Attorne7
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PAGE 4
ADOPTED this 21st day of November, 1974, for the City of
Fort Collins, Colorado
By
Title Mayor
ATTEST
Title City Clerk
CERTIFICATE OF CITY CLERK
I, Verna Lewis , the duly qualified and acting
City Clerk of the City of Fort Collins, Colorado, do hereby certify that
the foregoing Resolution was duly adopted at a (regular) (,qqff&qgk) meeting
of the Fort Collins, Colorado, City Council held on the 21st day
of November, 1974, and that said Resolution has been compared by me with
the original thereof on file in my office and is a true copy of the whole
of said original
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City
of Fort Collins, Colorado, this22nd day of November, 1974
0
By
Title City Clerk