Loading...
HomeMy WebLinkAbout2009-015-02/17/2009-AUTHORIZING THE AIRPORT MANAGER TO SERVE AS THE PROJECT DIRECTOR AND TO EXECUTE A GRANT AGREEMENT WI RESOLUTION 2009-015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE AIRPORT MANAGER TO SERVE AS THE PROJECT DIRECTOR AND TO EXECUTE A GRANT AGREEMENT WITH THE STATE OF COLORADO FOR FUNDING OF AIRPORT PROJECTS AT THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT WHEREAS, the General Assembly of the State of Colorado has declared in Title 43 of the Colorado Revised Statutes, Article 10, 1991 in C.R.S. 43-10-101 ("the Act") that: "...there exists a need to promote the safe operation and accessibility of general aviation and intrastate commercial aviation in this state;that improvement of general aviation and intrastate commercial 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. (See C.R.S. 43-10-103, 105, and 108.5 of the Act); 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 such airports as request assistance by means of a resolution passed by the applicant's duly-authorized governing body,with the understanding that all funds shall be used exclusively for aviation purposes and that the recipient entity will comply with all grant procedures and requirements as defined in the Division's Grant program Project Management Manual, revised 1999 ("the Manual"); and WHEREAS,the City of Fort Collins and the City of Loveland("the Cities")own and operate in the State the Fort Collins-Loveland Municipal Airport ("the Airport"); and WHEREAS,the Cities operate such an airport in the state and have filed an application with the Division and the Board for a state aviation system grant to be used solely for aviation purposes. 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 grant recipient, hereby formally requests assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state aviation system grant for the purpose of funding the following Airport projects: participation in local match for federally-funded airport improvements, taxiway construction, acquisition of mowing equipment and weather observation equipment, and installation of security fencing and gates. The City states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. Section 2. That the City hereby makes the commitment to keep the Airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements/equipment; or to reimburse the Division for any unexpired useful life of the improvements/equipment on a pro-rata basis. 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 Grant Agreement 09-FNL-01. Section 3. That the City Council hereby designates David Gordon, Airport Manager, as the Project Director, as described in the Manual, and authorizes the Project Director to act in all matters relating to the work project proposed in the Application in its behalf, including execution of Grant Agreement 09-FNL-01, which is attached hereto and incorporated herein as Exhibit"A", subject to such modifications in form or substance as the Project Director, in consultation with the City Manager and City Attorney's Office, may deem necessary to effectuate the purposes of this resolution or to protect the interests of the City. Section 4. That the City has appropriated or will appropriate or otherwise make available in a timely manner its share of all funds that are required to be provided by the Cities under the terms and conditions of Grant Agreement 09-FNL-01. Section 5. That the City, subject to the foregoing, hereby accepts all guidelines, procedures, standards, and requirements described in the Manual as applicable to the performance of the grant work and hereby approves Grant Agreement 09-FNL-01 submitted by the State, including all terms and conditions contained therein. Passed and adopted at a regular meeting of the Co cil f the City of Fort Collins this 17th day of February A.D. 2009. May ATTEST: city O •� : rr^�Q� Y •. �J :A EXHIBIT A CDOT-Aeronautics Division Doc.No Contract Rout.No. CDAG No. 09-FNL-01 SAP PO No. COLORADO DEPARTMENT OF TRANSPORTATION Colorado Aeronautical Board GRANT AGREEMENT This Grant Agreement by and between the State of Colorado for the use and benefit of the Department of Transportation-Aeronautics Division, hereinafter referred to as ("the Division"or"the State")and the Cities of Fort Collins& Loveland hereinafter referred to as("the Grantee"or"the Contractor"). WHEREAS, authority exists in the Law and Funds have been budgeted,appropriated or otherwise been made available and a sufficient uncommitted balance thereof remains in the Aviation Fund for encumbering and subsequent payment of the Agreement under Vendor ID 2000212 Fund Number 160,GL No. 4518000010, and Organization Code V0099-033. (Grant Agreement Encumbrance Amount$250,000.00). WHEREAS,required approval,clearance and coordination has been accomplished from the Colorado Aeronautical Board,which is authorized to administer the state aviation system grant program("grant program")solely for aviation purposes. NOW,THEREFORE, it is hereby agreed: 1. Scope of Work: 1)Match on FAA AIP 24&25 2)Additional funds to complete security fencing/gates 3) Additional funding to complete rehab of taxilanes 2. Grant Budget State: $250,000.00 Local: $82,236.00 Federal: $1,000,000.00 I 3. In consideration of the obligation the Cities of Fort Collins& Loveland, the Grantee,upon performance in accordance with defined work scope,shall be reimbursed incrementally the amount of$250,000.00 proportionable to the State's share of participation upon satisfactory completion of performance. The liability of the State under this Agreement for any payments is limited to the amount encumbered pursuant to the budget set forth herein. The State share of actual costs incurred by the Grantee for the performance of the work shall not exceed the maximum amount described herein without the benefit of a written Contract Amendment executed by the State prior to the performance of additional activities or incurring of additional costs. 4. The Grantee shall provide"matching funds" as shown above, in the amount of $82,236.00. The governing body of the Grantee shall execute and provide to the State a resolution or other document as appropriate, which: obligates the full amount of the local share of the funds required by this Agreement,and which also authorizes a specific individual to execute the Agreement and bind the Grantee to its terms. The resolution hereby incorporated and attached as Exhibit A. 5. This Grant Agreement is effective upon approval by the State Controller or designee. The term shall continue through June 30,2012. (Not to exceed five years). 6. Availability of Funds. Payment pursuant to this Grant Agreement is subject to and contingent upon the continuing availability of funds for the purposes hereof. If any of said funds become unavailable,as determined by the Division, either party may immediately terminate or seek to amend this Grant Agreement. 7. Record Keeping Requirements. The Grantee shall maintain a complete file of all records,documents,communications and other materials which pertain to the Grant Agreement for a period of three(3) years from the date of the final payment under this Agreement or the termination of the Agreement, whichever is later,or for such further period as may be necessary to resolve any matters which may be pending. All such records, documents,communications and other materials shall be the property of the State, and shall be maintained by the Grantee in a central location and the Grantee shall be the custodian on behalf of the State. 8. The Grantee shall permit the Division, the federal government or any other duty authorized agent of a governmental agency to audit,inspect,examine,excerpt,copy or otherwise transcribe the Grantee's records during the term of this Agreement or final payment period of three(3) years following termination of this Agreement or final payment hereunder, whichever is later. The Grantee shall also permit these same described entities to monitor all activities conducted by the Grantee pursuant to the terns of this Agreement. 2 9. No employee,officer or agent of the Grantee shall participate in the selection,or in the award or administration of a contract or subcontract supported by Federal funds if a conflict of interest,real or apparent, would be involved. Such a conflict would arise when: a) the Employee,officer or agent; b) any member of the employee's immediate family; c) the employee's partner;or d) an organization which employs,or is about to employ,any of the above,has a financial or other interest in the firm selected for award. The Grantee's officers, employees or agent will neither solicit not accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. 10. Except as otherwise provided,the duties and obligations of the Grantee shall not be assigned,delegated, or subcontracted without the express prior written consent of this Division. Any subgrantees or subcontractors will be subject to the requirements of the Agreement. 11. 1t is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement,shall be strictly reserved to the Division and the named Grantee. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intention of the Division and the Grantee that any such person or entity,other than the Division or the Grantee,receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 12. For the purpose of this Agreement, the person named below is designated the representative of the Grantee. All notices required to be given by the Division shall be given in writing to the representative named below. The Grantee may designate in writing a new or substitute representative: Project Director(print) Signature 13. Any failure of either party to performance in accordance with the terms of this Agreement shall constitute a breach of the Agreement. Any dispute concerning the performance of the Agreement which cannot be resolved at a divisional level shall be referred to superior departmental management staff designated by the Division and the Grantee. Any of the parties to this Agreement shall have the right to terminate this Agreement by giving the other party a thirty(30) day written notice. If notice is given,the Agreement shall terminate at the end of Thirty(30)days,and the liabilities of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease. 3 ADDENDUM TO 9MU PROVLSrONS'(Rcplaces the flat paragraph o/paragraph 3,capVbv'W NDEMNIRCATTOA;ofine SPECIAL PROPL57ONS) To the extent auohaved bylaw,lire 0bies crFort Collide A Loue/andshagNdemnfly,sass and hod harmless the Slate,!b employees and awads againStmyand aMdafm;damapea,fi"Myand count awards fraAMlrg costly expensey and of orneyhes Incurred as a vault of any adaran/ssbn by the Contractor,aka agoyoyees agent;.subcontrddors or acsoneas'pff swan to the terms of this contract. SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted In italics. I. CONTROLLER'S APPROVAL.CRS§24.30-202(1).This contract shag nol be deemed valid unlit 11 has been approved by the Colorado State Controller or designee 7 FUND AVAILABILITY.CRS§2440-202(5.5).Financial obligations of the Stale payable after the current focal year are contingent upon funds far that purpose being appropriated,budgeted,and otherwise made available. 3. INDEMNIFICATI0N.Contractor shall indemnify,save,and hold harmless the Slate,its employees and agents,against any and all claims,damages,Oabmty and court awards Including cosh,expenses,and attorney fees and related costs incurred as a result of any act or omission W Contractor,or cis employees,agents,subcontractors,w assignees pursuant to the terms of this contract. (Appiicah a OMy fo Infergovwnmental Convects)j No term or condition of Is contract shall be construed or interpreted as a waiver, 0,7111 ;W Implied,of any of the immunities,rights,benefits,protection,a other provisions,of the Colorado Governmental Immunity Act, CRS§24-10-101 at seq.,or the Federal Tort Clans Act,26 U.S.C.2671 at seq.,as applicable,as now or hereafter amended. 4. INDEPENDENT CONTRACTOR.4 CCR 801-2.Contractor shall perform Its duties hereunder as an Independent contractor and not as no mployee Neither contractor car any agenf or employee d cwuiractor shall be a shall be deemed to he an agent or employee of the state. Contractor shall pay when due all regrdretl eon oymenf Uzes antl income laxea antl oral head taxes on any morose pa�tl by tits staleW rsuanl to This centred. Cwtredor etlenowl gge5 that conVador and tis eonpbyeee are oat ant to unemployment Insaance benefds rudess cgnireda a a Wrd ppaarty provkles suU covwage and Nat Ne slate does not pay to a otherwise prowda such coverage. Contractor alas have no an4hori>aeon express or implied, to bind the state to any eggreemeni, Aebtilly or undwslanding, oxcopl as expressly set forth herein.Conlradar afuall provide and keep in force wgrkera'compensallan(and provide proof of such Insurance when requested by the stile)and uremployment compensation insurance in the amounts required by law and shall be salary reaponslole for Its ads and Nose of 4s employees end agents. 5.NON-0ISCRIMINATION.Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting chsrximinailon and unfair employment practices. 6.CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied In the inferpreta8on,execution,and enforcement o(tids contract Any provision ol Nis convect,whether w not Incorporated herein tot reference, which provides tor abitration by arty eMra-judicial body or person or whiU q olhorw4se N conflict wl[h sold laws.rules,end regulations shall lxs considered mil and void. Nothing conlame0 in any plawslon Ircorporated herein by reference which purports to negme this or any other spadd provision In uMak a In part shall be vali0 or enlwceeble or available in any action et law whether by way d complaint, defense,a oNervnse. MMyy proNsfon rendered null antl veld W the operation of Nis prpnsipn will not(nvalidale the remalnd¢r pf Nia cpntrad, .Ent extent thal8ts contract is capable of exec Won. At ail limes during Ne performance al this contract,Contractor saall sbidly adhere to all applicable federal and State laws,rules,and regulalbns at have bean or may hereafter be established. - 7.VENDOR OFFSET.CRS§§2440-202(1)and 2440-202.4.Mot Applicable to Intergovernmental Agreements The State Controller may Withhold payment d certain debts owed to State agencies under the State's vendor o8sa1 intercept rystem tot(a unpaid child support debts or child support anomalies;(b)unpaid balances of tax,accrued interest.or other charges speafied m CRS§3 -21-101,et seq.;fc) unpaid bans due to the Student Loan Division of the Department of Higher Educafiorr, (dl amounts requrre0 to be pall to the Unemployment Compensation Fund;and(a)other unpaid debts contrailby I Slate Controller as owing to the State as a result of final agency determination orju6dal action. 8.SOFTWARE PIRACY PROHIBITION. Govemore Executive Order D 002 00. No State or other ppublic funds payable under this contract shall be used for the acquisition,operation,or maintenance of computer sodware In violation of fe oral copyright laws or applicable licensing restrictions.Contractor hereby certifies that,for the lens of this contmet and any extensions.Contractor has in place appropriate systems and controls to prevent such ionprrogyer use of public[units. If the State determines that Contractor Is in violation of Nis faregmph, the Slate may exercise any remedy evatlLLNe at law Or egymutryy or under This conlmct,irrJdingg vriltwct AMlellon,Immediate lerminalion of Nis nxxnlmd and any remedy consistent with federal copyright laws or applicable licensing"restrictions. 8. EMPLOYEE FINANCIAL INTEREST.CRS§24-18-201 and§24-50507.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 contract. 10. PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicahle to agreements relating to the offer,Issuance,or sale of seta/lles,Investment advisory services or fund management services,sponsaredpro/acts,Infargovemmental agreements, or Informadon technology services or products andservicas)Contractor certifies,warrants,and agrees that It does not knowingly employ or contract with an Illegal alien who will perform wok under this contract and will confirm the employment eligiWTay or all employees who are newly Ivied for employment In the United States to perform work under this contract.through participation in the E- Verity Program or the Department program established pursuant to CRS§8-17,5.102(5)(c),Contractor shall not krwwirgly employ or contract with an Illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to cowry to Contractor that the subcontractor shag not knowingly employ or contract with an illegal alien to pedonn work under this contract.Contractor(a)shall not use E-Verity Program or Department program procedures to undertake pre-employment screening of Job applicants while this contract Is being performed,(b)shag will,the subcontractor and the contras fng State agency within three days It Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract,(c)shell terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the wl'xzs,and(d)shall comply with reasonable requests made in the course of an investigation,undertaken pwsuant to CRS§8.17.5.102(5).by the Colorado Department at Labor and Employment If Contractor participates in the Department program,Contractor shall deliver to the contracting State agency, mrstluton of higher education or political subdivision a written,notarized of irmatron,affirming that Contractor has examined the legal work status or such employee,and comply with all of the other requirements of the Department program.It Contractor falls to compty with any requirement of this provision or CRS§8-17.5.101 at seq.,the contracting State agency,institution of higher education or political subdivision may terminate this contract for breach arid,if so terminated,Contractor shag be Ilabte for damages. ' 11. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.Contractor,if a natural person eighteen(1 B)years of age or older,hereby swears will 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 524-76 5.101 at seq.,and(c)has produced one form of identification required by CRS§24-76.5-103 prior to the effective date of this contract Rrvfsed stay 13,2008 4 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT GRANTEE: STATE OF COLORADO City of Fort Collins Aeronautics Division Director Department of Transportation BY: Authorized Signature Print Name of Authorized Officer (Place seal here, if available.) ATTEST (Seal) by JOINT GRANTEE: City of Loveland BY: Authorized Signature Print Name of Authorized Officer (Place seal here, if available.) ATTEST (Seal) by ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts and agreements. The agreement is not valid until the State Controller,or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the agreement is signed and date below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER David J. McDermott, CPA By Date 5 EXHIBIT A RESOLUTION WHEREAS: The General Assembly of the State of Colorado declared in Title 43 of the Colorado revised Statutes,Article 10, 1991 In C.R.S.4340-101 (the Act)"...that there exists a need to promote the safe operations and accessibility of general aviation In this state;that Improvements to general aviation transportation facilities will promote diversified economic development across the state;and that accessibility to airport facilities for residents of this state Is crucial In the event of a medical or other type of emergency.,." The Act created the Colorado Aeronautical Board('1he Board")to establish policy and procedures for distribution of monies in the Aviation Fund and created the Division of Aeronautics("the Division')to carry out the directives of the Board,including technical and planning assistance to airports and the administration of the state aviation system grant program. SEE C.R.S.43-10-103 and C.R.S.43-10-105 and C.R.S.43-10-108.5 of the Act. Any entity operating a public-accessible airport in the state may file an application for and be recipient of a grant to be used solely for aviation purposes. The Division is authorized to assist such airports as request assistance by means of a Resolution passed by the applicant's duty-authorized governing body,which understands that all funds shall be used exclusively for aviation purposes and that it will comply with all grant procedures and requirements as defined in the Division's Grant Program Project Management Manual,revised 1999.("the Mannar). NOW,THEREFORE,BE IT RESOLVED THAT: The Cities of Fort Collins&Loveland,as a duly authorized governing body of the grant applicant,hereby formally requests assistance from the Colorado Aeronautical Board and the Division of Aeronautics In the form of a state aviation system grant. The Cities of Fort Collins&Loveland states that such grant shall be used solely for aviation purposes, as determined by the State,and as generally described in the Application. Each airport-operating entity that applies for and accepts a grant that it thereby makes a COMMITMENT a) to keep the airport facility accessible to,and open to,the public during the entire useful life of the grant funded Improvements/equipment;or b)to reimburse the Division for any unexpired useful life of the improvements/ equipment,or a pro-rata basis. By signing this grant agreement,the applicant commits to keep open and accessible for public use all grant funded facilities,improvements and services for their useful life,as determined by the Division and stated in the Grant Agreement. FURTHER BE IT RESOLVED: That the Cities of Fort Collins&Loveland hereby designates Larry Mack as the Project Director,as described in the Manual and authorizes the Project Director to act in all matters relating to the work project proposed in the Application in its behalf,Including executions of the grant contract. FURTHER: The Cities of Fart Collins&Loveland has appropriated or will appropriate or otherwise make available in a timety manner all funds,if any,that are required to be provided by the Applicant under the terms and conditions of the grant contract. FINALLY: The Cities of Fort Collins&Loveland hereby accepts all guidelines,procedures,standards and requirements described in the Manual as applicable to the performance of the grant work and hereby approves the grant contract submitted by the State,including all terns and conditions contained therein. for The Cities of Fort Collins&Loveland,Grantee ATTEST