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HomeMy WebLinkAbout20020934.tiff RESOLUTION RE: APPROVE GRANT AGREEMENT FOR AIRPORT MASTER PLAN AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - FEDERAL AVIATION ADMINISTRATION (FAA) 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 Federal Aviation Administration is scheduled to make a grant offer from the Airport Improvement Program for updating the Airport Master Plan, and WHEREAS, the Board will be presented with a Grant Agreement for the Airport Master Plan between 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 Authority, and the Federal Aviation Administration, with further terms and conditions being as stated in said Grant, and WHEREAS, after review, the Board deems it advisable to approve said grant agreement, a copy of which will be forthcoming to be 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 the Airport Master Plan between 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 Authority, and Federal Aviation Administration be, and hereby will be, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2002-0934 AP0021 « .' 4/) FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT MASTER PLAN GRANT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of April, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELJCOUNTY, COL RADek ATTEST: L4/ / jD ; Q 0_c • . •r /�,Glen aad, Chair Weld County Clerk to th- �: �` O ka9 BY: A/Da�. L g, Pro-Tem Deputy Clerk to the Boar �i.�r1 ea/ M. J. eile APPRO D AS TO FOR • EXCUSED William H. Jerke ounty Att rney b- \1\1 Robert D. Masden Date of signature: 1%�5 2002-0934 AP0021 11RM/ y ocoh/Nry 9 �r AIRPORT TO: Weld County Clerk's Office April 12, 2002 FROM: Mike Reism-n fin' Airport Man-•e RE: BOCC Agenda Item Attached please find six original copies of the Federal Aviation Administration Grant Agreement for the upcoming Airport Master Plan project at the Greeley-Weld County Airport. Your assistance in having this item placed on the Board of County Commissioners Agenda for acceptance on Wednesday, April 17`", would be appreciated. Upon approval by the Commissioners, please have the flagged page executed, attested to and sealed as appropriate, as well as certified by the Weld County Attorney. Please return all six copies to me upon completion. One original copy will be returned to your office after execution on the part of the City of Greeley and the Airport Authority. Please call me at 336-3001 with any questions. Thank you in advance for your assistance. P.O. Box 727 • Greeley, CO 80632 • (970)336-3000 • FAX(970)336-3030 da,01-o9Sy fat of TRA Z DENVER AIRPORTS DISTRICT OFFICE � �g 26805 E.68TH.AVE.,SUITE 224 F �e DENVER,COLORADO 80249-6361 STATES Ot Pt (303)342-1250 FEDERAL AVIATION ADMINISTRATION PLEASE READ BEFORE EXECUTING GRANT April 10,2002 The Honorable Jerry Wones Mayor of Greeley 1000 10th Street Greeley, Colorado 80631 Mr.Glenn Vaad,Chairman Board of Weld County Commissioners P.O. Box 758 Greeley,Colorado 80632 Mr. Glenn Vaad, Chairman Greeley-Weld County Airport Authority P.O. Box 727 Greeley,Colorado 80632 Dear Mayor Wones, and Mr. Vaad: Enclosed are six copies of a grant offer for Airport Improvement Program Project No. 3-08-0028-14 at the Greeley-Weld County Airport in which$150,000 of Federal funds have been obligated to accomplish the development described on page 1 of the grant offer. Please complete Part II (Acceptance) by having the authorized officials execute the last page(s)of the grant offer. Certification by the attorney(s)should be completed following the acceptance and dated on or after the acceptance date. Your normal procedures for accepting documents such as this in accordance with local and state law should be followed, but evidence of such procedure is not required by the Federal Aviation Administration. After execution and certification of the grant agreement, please return three copies to this office. The other copies are for your records. Sincerely, Alan E. Wiechmann, Manager Denver Airports District Office Enclosures 1111OCOUNiY 9xy�r A//i'PDul wwwTO: Esther Gesick May 15, 2002 Clerk to the Board FROM: Mike Reisma Airport Mana RE: FM Grant Document Attached find one fully executed copy of the grant document for the Federal Aviation Administration grant for the Airport Master Plan, FAA Project No. 3-08-0028-14. As the documents have now been fully executed by the County, City, and Airport Authority, this original copy is being returned to you for Weld County's permanent records. Please call me at 336-3001 with any questions. P.O. Box 727 • Greeley, CO 80632 • (970)336-3000 • FAX(970)336-3030 U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part I - Offer Date of Offer: APRIL 10,2002 Airport: Greeley-Weld County Project Number: 3-08-0028-14 Contract Number: DOT-FA02NM-1020 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, 2002, 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: Update Airport Master Plan, all as more particularly described in the Project Application. FAA Form 5100-37(10/89) 1 Now therefore, pursuant to and for the purpose of carrying out the provisions of Title 49, U.S.C., subtitle VII, Part B, as amended 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, 90.00 percent. 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 $150,000.For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Title 49,U.S.C., section 47108(b), the following amounts are being specified for this purpose: $150,000 for planning $-0-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 provisions of Title 49,U.S.C., subtitle VII, Part B. 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 carry 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 July 15, 2002, 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(10/89) 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. 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 for AIP Projects," dated July 1, 1999, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. 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. FAA Form 5100.37(10/89) 3 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 Title 49, U.S.C., Subtitle VII, Part B, as amended 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 Manager,Denver Airports 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 PI day of `f I j c* ,20 L)2. CITY OF GREELEY,COLORADO See "City of Greeley Signature Page" By: Attached as the last page (SEAL) Sponsor's Designated Official Representative Attest: Title: Title: Certificate of Sponsor's Attorney I,Rv‘-‘acd t . ' egdy 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 relating thereto, and find that the acceptance thereof 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 Title 49,U.S.C.,Subtitle VII,Part B, as amended. 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 CO this yR day of fnaxv. ,20 U• Signature of Sponsor's Attorney FAA Form 5100-37(10/89) 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,��'"`""'7 y of April 20-p . ��"v" �, ATTEST: ≥. COJUN OF VVELD, OLO O WELD COUNTY CLERK TO THE BOA' r/I (SEAL) 1861 �.O 4,4 — 'ponsor's Designated Officra sentative 04/17/02 / •�`l, T' le:- hair, Board of County Commissioners Title: re.uty Clerk t. th'`o I r 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 relating thereto, and fmd that the acceptance thereof 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 Title 49,U.S.C., Subtitle VII,Part B, as amended. 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 rraalny Co this—laxly of April ?(12,. > Sigr a of Sponsor's Atto e y FAA Form 5100-37(10/89) 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 2≥' day of A Pr:I , 1 GRE LEY-WE ¢OUNT AIRPORT AUTHORITY By: / (SEAL) Sponsor's Designated Oiiaiai epresentative Attest: _ ‘laeng4 Title: A14 YvtAn1 Title: ;:ittaZta-ptigi ��, ���"``nGvaev_ Certificate of Sponsor's Attorney I,FEED C• o7if ,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 relating thereto, and find that the acceptance thereof 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 Title 49,U.S.C., Subtitle VII,Part B,as amended. 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 ateeedtA.4 £ this day of Jf't!M ,2 O_Zr Signature of Sponsor's Attorney FAA Form 5100-37(10/89) CITY OF GREELEY SIGNATURE PAGE FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT RE: PROJECT NUMBER: 3-08-0028-14 CONTRACT NUMBER: DOT-FA02NM-1020 ATTEST: THE CITY OF GREELEY,COLORADO a (" ups . v it/ CITY Catldi° A CAL * By: MAYOR f* nwvgtaake Approved as to Legal Form: Approved as to Substance: n City Attorney I/ ity anager W B Availability of Funds: 'rector of Finance FAA Form 5100.37(10/89) Hello