HomeMy WebLinkAbout2009-053-06/02/2009-AUTHORIZING THE EXECUTION OF GRANT AGREEMENT 09-FNL-S01 WITH THE STATE OF COLORADO FOR FUNDING TO AC RESOLUTION 2009-053
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF GRANT AGREEMENT 09-FNL-SOI
WITH THE STATE OF COLORADO FOR FUNDING TO ACQUIRE SNOW REMOVAL
EQUIPMENT 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 airports that request assistance by means of
a Resolution passed by the applicant's duly authorized governing body, by providing funds to be
used exclusively for aviation purposes and subject to the grant procedures and requirements defined
in the Division's Grant program Project Management Manual (the "Manual")- and
WHEREAS,the City of Fort Collins and the City of Loveland(the"Cities")own and operate
the Fort Collins-Loveland Municipal Airport(the "Airport"); and
WHEREAS,the Airport is a public-accessible airport and the Cities have filed an application
(the "Application") with the Division and the Beard for a state aviation, system grant to be used
solely for aviation purposes, which grant has been authorized by the Division.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 Board and the Division in the form of
a state aviation system grant for the purpose of acquiring snow removal equipment for the Airport.
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 makes the commitment to keep the Airport facility accessible
to,and open to,the public during the entire useful life of the grant funded equipment;or to reimburse
the Division for any unexpired useful life of the 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-
SO1.
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-SO1, 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 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-SOl.
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-SO1.
Passed and adopted at a regular meeting atheCo cil f the City of Fort Co ins this 2nd
day of June A.D. 2009.
Mayor
ATTEST:
City Clerk
EXHIBIT A
CDOT-Aeronautics Division
Contract Rout. No.
CDAG No. 09-FNL-SO1
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 $7,500.00).
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) 1985 IHC Paystar 5000 Equipment# W-04-023
2. Grant Budget
State: $7,500.00 Local: $7,500.00
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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$7,500.00 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
$7,500.00. 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 tenmination 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 terms
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. It 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 SPECIAL PROVISIONS(Replaces the first paragraph of Paragraph 3,Captioned INDEMN1fTC4770N,of the SPECIAL
PROVISIONS) -
To the extent autron'zed by law, Me Cdes of Fort Collins @ Loveland shall indemnify,save and hold harmless the State,fibs employees and
agef&against any and all claims,damages,liabi/lly and court awards Induding[rats,expenses,and attorney fees incurred as a result of
any act oromission by the Contractor or its employees,age74 subcontractors or assignees pursuant to the terms of this contract.
SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in Italics.
1. CONTROLLER'S APPROVAL.CBS§24-30-202(1).This contract shall not be valid until it has been approved by the Colorado Stale Controller or
designees
2. FUND AVAILABILITY.CRS§24-30-202(5.5).Financial obligation of the Slate payable after the current fiscal year are contingent upon finds for
ghat purpose being appropriated;budgeted;and otherwise made available.
3. GOVERNMENTAL IMMUNITY.No term or condition of(his contract shall be construed or interpreted w a waiver,express or implied,of any of
the immunities,rights,benefits,protections,or ollrer 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.
4. INDEPENDENT CONTRACTOR.Contractor shall verform its duties hereunder as an independent contractor and not as an employee.Neither
Contactor nor arty agent or employee of Contractor slhall a deemed to be an agent or employee of the Suite.Contractor and its employees and agents are
not entitled to rmemploymenl insurance or workers compensation benefits through the Start and the State shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees.Unemployment insurance benefits will be available to Contractor and its employees and agents
only if such coverage is made available by Contractor or a third party.Contractor shall Pay when due all applicable employment taxes and income taxes
and local head taxes incurred pursuant to this contract.Contractor shall not have authorization,express or implied,to band the State to any agreement,
liability or understanding,except as expressly set forth herein.Contractor shall(a)provide and keep in force workers'compensation and unemployment
compensation insurance in amounts required by law,(b)provide proof thereoff when requested y the State,and(c)be solely responsible for its acts
and these of its employees and agents.
S. COMPLIANCE WITH LAW.Contractor 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 pme ices.
6. CHOICE OF LAW.Colorado law,and rules and regulations issued pursuant thereto,shall he applied in the interpretation,execution,and
enforcahncatof this concoct.Any provision included or incorporated herein by reference which conflicts with said laws,rides,and regulations shall be
null and wid.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 my action at law,whether by way of complaint,defense,or otherwise.Any provision rendered null and void by the
operation of this provision shall nor invalidale llw remainder of this contract,to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED.The Slate of Colorado does not agree to binding arbitration by any extrajudicial body or person.Any
provision to the contrary in this contact or incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00.State or other public funds payable under this contract shall not
be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that,during the tern of this contract and any extensions,Contractor has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds.If the Slate determines that Contractor is in violation of this provision,the State may
exorcise any remedy available at law or in equity or under this contract,including,without limitation,immediate termination of This contract and any
remedy 13my'slerd with federal copyright laws or applicable licensing restrictimu.
9. EMPLOYEE FINANCIAL INTERESTICONFLICT OF 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 contract.Contractor
has no interest and shall not acquire any interest,direct or indirect,that would conflict in any manner or degree with the performance of Contractor's
services and Cmuractor shall nor employ any person having such known interests.
1Q VENDOR OFFSET.CRS§§24-30-202(1)and 24-30-202.4.[Nat Applicable to Intergovernmental agreements]Subject to CRS§24-30-202.4
(3.5),the State Controller may withhold payyment under the State's vendor offset intercept system fordebts owed to State agencies for:(a)unpaid child
support debts or child support arrearages;(b)unpaid balances of lax,accrued interest,or other charges specified in CRS§39-21-101,et seq.;(c)unpaid
loans due to the Student Loan Division of(he Department of Hiller Education;(d)amounts required to be paid to the Unemployment Compensation
Furl;and(e)other unpaid debts owing to the State as a result o final agency determination or7udicial action-
11. PUBLIC CONTRACTS 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]Contractor certifies,warrants,and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all
employees who are newly hired for employment In the United States to perform work under this contract through participation in the E-
Verify Program or the Department program established pursuant to CBS§8-17.5-102(5)(c),Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor
thal the subcontractor shall not knowingly employ or contract with an Illegal alien to perform work under this contracL Contractor(a)shall
not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract
is being performed,(b)shall Boggy the subcontractor and the contracting 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)shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply
Win 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 Contractor participates in the Department program,Contractor shall deliver to the contracting State agency,
Institution of Higher Education or political subdivision a written,notarized affirmation,affirming that Contractor has examined the legal work
status of such employee,and shall comply with all of the other requirements of the Department program.If Contractor fails to comply with
any requirement of this provision or CRS§8-17.5-101 el seq.,the contracting State agency,Institution of higher education or political
subdivision may terminate this contract for breach and,if se terminated,Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS.CBS§24-76.5-101.Contractor,if a natural person eighteen(18)years of age or older,
hereby swears and affirms ruder penalty of perjury that the 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 el seq.,and(c)has produced one form of identification required by CRS§24-76.5-103
prior to the effective date of this contract.
Revised 1-t-09
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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
Print Title of Authorized Officer
(Place seal here, if available_)
ATTEST (Seal) by
JOINT GRANTEE:
City of Loveland
BY:
Authorized Signature
Print Name of Authorized Officer
Print Title 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
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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.43-10-101 (the Act)"...that there exists a need to promote the safe operations and accessibility of
general aviation in this state;that Improvements to general aviation transportation facilities will promote
diversified economic development across the state;and that accessibility to airport facilities for residents of this
state is crucial in the event of a medical or other type of emergency..."
The Act created the Colorado Aeronautical Board('the Board")to establish policy and procedures for distribution of
monies in the Aviation Fund and created the Division of Aeronautics('the Division)to carry out the directives of the
Board,including technical and planning assistance to airports and the administration of the state aviation system grant
program. SEE 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 duly-authorized governing body,which understands that all funds shall be used
exclusively for aviation purposes and that it will comply with all grant procedures and requirements as defined in the
Division's Grant Program Project Management Manual,revised 1999,("the Manual").
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 Dave Gordon 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 Fort Collins&Loveland has appropriated or will appropriate or otherwise make available in a timely
manner all funds,if any,that are required to be provided by the Applicant under the terms and conditions of the grant
contract.
FINALLY:
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 terms and conditions contained therein.
for The Cities of Fort Collins&Loveland,Grantee
ATTEST
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