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
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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
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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.
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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.
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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
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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