HomeMy WebLinkAbout20082219.tiff RESOLUTION
RE: APPROVE GRANT AGREEMENT FOR INSTALLATION OF PORTION OF PERIMETER
FENCE AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Grant Agreement for Installation of a
Portion of a Perimeter Fence among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Greeley-Weld County Airport,
the City of Greeley, and the Federal Aviation Administration (FAA), commencing upon full
execution, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Grant Agreement for Installation of a Portion of a Perimeter Fence
among the County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, on behalf of the Greeley-Weld County Airport,the City of Greeley, and the Federal
Aviation Administration (FAA) be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of August, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
Eta
WELD COUNTY, COLORADO
ATTEST: D
Isar
s William H. Jerke, Chair
(. �,
Weld County Clerk to the :o. • '��ti♦'
Cige EXCUSED
Robert D. Malden, Pro-Tem
B ` /
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De i ty CI J to the Boar'
Wi • F. Garcia
APP AS •
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DdE.
oun ttorney �o
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Date of signature: lylV�
2008-2219
AP0023
Greeley- Weld County Airport
www.gxynet
TO: Esther Gesick August 12, 2008
Clerk to the Board
FROM: Mike Reisma f"
Greeley-Weld o ty Airport
RE: FAA Grant Documents
Attached please find one copy of the Federal Aviation Administration Grant Agreement
recently discussed with you, and four sets of original signature pages for execution by
the County. Your assistance in placing the approval of this document on the BOCC's
agenda is appreciated. Once approved please have the signature pages executed as
needed and return them to me for further processing. One fully executed original copy
of the grant agreement will be returned to you for the County's permanent records once
full execution has been completed by all agencies.
Please note, as usual, that the dated signature of the County Attorney's office must be
on or after the date of all the other executions.
Thanks for your help.
Gl 2008-2219
Greeley
P.O. Box 727 •Greeley, CO 80632-0727 Phone: 970.336.3000 • Fax: 970.336.3030
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: August 7, 2008
Airport: Greeley-Weld County Airport
Project Number: 3-08-0028-20
Contract Number: DOT-FA08NM-1092
DUNS: 165002726
To: City of Greeley and County of Weld, Colorado and the Greeley-Weld County Airport Authority
(herein called the "Sponsor")
From: The United States of America (acting through the Federal Aviation Administration, herein called the
"FAA")
Whereas, the Sponsor has submitted to the FAA a Project Application dated March 20, 2008 for a grant of Federal funds
for a project at or associated with the Greeley-Weld County Airport, which Project Application, as approved by the FAA,
is hereby incorporated herein and made a part hereof; and
Whereas,the FAA has approved a project for the Airport(herein called the "Project") consisting of the following:
Install portion of perimeter fence,
all as more particularly described in the Project Application.
FAA Form 5100-37(7/90) 1
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as
amended, herein called "the Act", and in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and its acceptance of this offer as hereinafter
provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and
compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES
to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 95.00 per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $38,760. For the purpose of any
future grant amendments which may increase the foregoing maximum obligation of the United States under the
provisions of Section 47108(b)of the Act, the following amounts are being specified for this purpose:
$-0-for planning
$38,760 for airport development and noise program implementation
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance
with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of
the United States share will be based upon the final audit of the total amount of allowable project costs and
settlement will be made for any upward or downward adjustments to the Federal share of costs.
4. The sponsor shall can-y out and complete the Project without undue delay and in accordance with the terms
hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the
assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project
unless this offer has been accepted by the sponsor on or before August 22, 2008, or such subsequent date as may
be prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which
Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means
funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the
Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement,
order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records
pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or
FAA Form 5100.37(7/90) 2
other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise
from, or be incident to, compliance with this grant agreement.
Special Conditions
9. The sponsor will carry out the project in accordance with policies, standards, and specifications approved by the
Secretary including but not limited to the advisory circulars listed in the "Current FAA Advisory Circulars
Required for use in AIP Funded and PFC Approved Projects," dated March 21, 2007, and included in this grant,
and in accordance with applicable state policies, standards, and specifications approved by the Secretary.
10. The sponsor agrees to monitor progress on the work to be accomplished by this grant. For consultant services,
the Sponsor agrees to make payment only for work that has been satisfactorily completed. It is understood by
and between the parties hereto that the approximate value of the final project documentation is ten percent (10%)
of the total value of the engineering services contract, and that amount will not be paid to the Engineer until
acceptable final project documentation is provided.
11. TRAFFICKNG IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1. You as a recipient, your employees, subrecipients under this award, and subrecipients'
employees may not
i. Engage in severe forms of trafficking in persons during the period of time that the award
is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if you or a subrecipient that is a private entity
i. Is determined to have violated a prohibition in paragraph a.I of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a.1 of this award term through conduct that
is either
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2 CFR Part
180, "OMB Guidelines to Agencies on governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 49 CFR Part 29.
FAA Form 5100-37(7/90) 3
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding
agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity
1. Is determined to have violated an applicable prohibition in paragraph a.l of this award
term; or
2. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a.1 of this award term through
conduct that is either
i. Associated with performance under this award; or
ii. Imputed to the recipient using the standards and due process for imputing the conduct of
an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 49 CFR Part 29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging
a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 orb of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended(22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this
award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward
you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee"means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of
the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award
and not compensated by you including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in-kind contribution toward cost sharing or
matching requirements.
2. "Forced labor"means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through the
FAA Form 5100.37(7/90) 4
•
use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage,
debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public
entity, as those terms are defined in 2 CFR Part 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education,
hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR
Part 175.25(b).
B. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings
given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its
disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to
this provision may cause the letter of credit to be revoked.
13. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum
grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent
(5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter
from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and
allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the
amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the
increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a
change in the grant description is advantageous and in the best interests of the United States, the change in grant
description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter,
either the grant obligation of the United States is adjusted to the amount specified or the grant description is
amended to the description specified.
14. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to
acquire any steel or manufactured products produced outside the United States to be used for any project for
airport development or noise compatibility for which funds are provided under this grant. The Sponsor will
include in every contract a provision implementing this special condition.
15. In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as
stated in Condition No. 1 of this Grant Offer:
a. may not be increased for a planning project;
b. may be increased by not more than 15 percent for development projects;
FAA Form 5100.37(7/90) 5
c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total
increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater,
based on current credible appraisals or a court award in a condemnation proceeding.
FAA Form 5100-37(7190) 6
•
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced
by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant
Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with
respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
/77
Manager, enver Ai rts District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,representations, warranties, covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this,,'- day of n,1.,,1..E, 2008.
�` CITY OF GREELEY,COLORADO
(SEAL) Sponsor's Designated Official R+pr sentative
Attest: &Ai k cL,.1IVO Title: Asiti-r
Title: Cjitchi
Certificate of Sponsor's Attorney
I, , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado.
Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at this day of , 2008.
c1/4)
11)±?
Signature of Sponsor's Attorney
FAA Form 5100-37(7/90) 7
The Sponsor does hereby ratify and adopt all assurances, statements,representations, warranties, covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this 18th day of August , 2008.
COUNTY OF WELD,COLORADO
(SEAL) n Sponsor's Designated Official Representative AUG 1 8 2008
Attest: � ;SFitic: William H. Serke, Chair
C1e to t /S a .t.
By:
Deputy Cle td the Goad'-.r
Certificate of Sponsor's Attorney
I, Bruce Barker , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado.
Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
legal and binding obligation of the Sponsor in accordance with the terms thereof
Dated at Greeley, CO this 18thdayof August ,20�
Sign of ponsor's Attorney
FAA Form 5100-37(7/90) 8
a-aa
•
The Sponsor does hereby ratify and adopt all assurances, statements,representations, warranties, covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this /3 ''S day of A•-€ , 2008.
_apinOnuiyii GREELE O TY AIRPORT AUTHORITY
Cpii q/qpo,4y�
*icy ORgT G'
;
(SEAL) ? SEAL
122
o= Sponsor's Designated Official Representative
/�
Attest: r1,Cr_ /G 6.-)).44A- (��P�.�'itlE�e C rrv�a
At
Title: Ass--;. se,fe-cc,ri 1 •'•..*...
itinnomiiia`e`
Certificate of Sponsor's Attorney
I, re c—D C.. 017 f,acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado.
Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
legal and binding�� obligation thereof
ti/ of the Sponsor in accordance with the terms
/.�r Dated at r,JG_JJ Lt, this /3 day of , 2008.
_ Q m44 c.-t. Eei 'cc
b -�-
Sitnature of Sponsor's Attorney
FAA Form 5100-37(7/90) 9
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
RE: PROJECT NUMBER 3-08-0028-19
CONTRACT NUMBER: DOT-FAO8NM-1038
ATTEST: THE CITY OF GREELEY, COLORADO
h .41,11).) BY: nQ fi7S
CITY CL K MAYOR
Approved as to Legal Form: Approved as to Substance:
* ..Ir/
City Attorney lity i a a
Availability of Funds:
'L72
Director of Fina ce
FAA Form 5100-37(7/90) 10
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