HomeMy WebLinkAbout880412.tiff RESOLUTION
RE: APPROVE GRANT AGREEMENT CONCERNING GREELEY-WELD COUNTY
AIRPORT AND AUTHORIZE CHAIRMAN 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 Airport Improvement Project No. 3-08-0028-05 at the Greeley-
Weld County Airport, and
WHEREAS, after review, the Board deems it advisable to
approve said Grant Agreement, with the terms and conditions being
as stated in the 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 Airport Improvement Project No. 3-08-0028-05 at the Greeley-
Weld County Airport be , and hereby is approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Grant Agreement.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 25th day of
May, A.D. , 1988 .
� L 7? BOARD OF COUNTY COMMISSIONERS
ATTEST: � OP-P 'Yv j < ' 8t n) WELD OUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Gene R. Bran n r, Chairman
r C.W. Kirby, P -Tem
Deputy County'clerk \ \
APPROVED AS TO FORM: a••uell��- •.
'J7County Attorney
Frank Yamaguchi
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U.S. Department
of Transportation
Grant Agreement
Federal Aviation
Administration Part 1 - Offer
Date of' Offer APR 1 5 1988
Greeley-Weld County Airport
Project Number: 3-08-0028-05
Contract Number: DOT-FA88NM-1008
To: City of Greeley, County of Weld, Colorado, and 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 November 2, 1987,
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:
The preparation of an Airport Master Plan Update
all as more particularly described in the Project Application.
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Now therefore, pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and
Capacity Expansion Act of 1987, herein called the "Act", and/or the Aviation Safety and Noise
Abatement Act of 1979, 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 $39,744.
For the purposes of any future grant amendments which may increase the foregoing
maximum obligation of the United States under the provisions of Section 512(b) of the
Act, the following amounts are being specified for this purpose:
$39,744 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 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 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
June 1, 1988 or such subsequent date as may be prescribed in writing by the FAA.
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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 judgement, 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 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 shall provide for audit of this grant project to be made in accordance with
Office of Management and Budget Circular A-128.
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
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. y�
Executed this 71' day of `+ ' 1fJ. 19 .
OF GREELEY,'-COOLORADO
(SEAL) By 9 it/ � ' L0t4-i
Sponsor's Designate fficial Re resentative
�/ ��(
Attest: ' i2: aPo 2 Title: 1 ' -,,,t
Title: (TEO C -
Certificate of Sponsor's Attorney
I, f r'r+ Le it) , 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 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 R7100001 this �3r<� day of cfrl-6<
Signature of Spo so 's Attorney-12
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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 25th day of May , 19 88 .
COUNTY OF ELD, COLORADO,,
(SEAL) By 12 6"abli"
Sponsor's Designated Official 7Represe ve //////�� cam{ �-
ZC 1� nt� Chairman
Attest: o Title: Board of County Commissioners
Title: WC Clerk and Recorder `Ity• t-/417+-cat (i&Lc,ctii
De uty County Clerk\
Celt icate of Sponsor's Attorney
lap
[, APIA s , 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 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, Colorado this 25th day/f May , 1988
Signature of Sponsor's Attorney
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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 / EL day of ct/L. J , 19 ca.
GREELEY-WELD COUNTY AIRPORT AUTHORITY
(SEAL) By -d_
Sponsor' s Designated Official
Representative
Attest: Title:
Title: _72� �
Certificate of Sponsor's Attorney
•
I, fe2t=D C ' 0775 , 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 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 0-,4C eAteu this � day of Cee,j)
, 19 e
Signature of Sponsor's Attorney
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Denver Airports District Office
US Department 10455 East 25th Avenue
Of Tronsportanon Suite 301
Aurora, Colorado 80010
Federal Aviation
Administration
(303) 340-5533
1388
The Honorable Robert H. Markley
Mayor, City of Greeley
P.O. Box 727
Greeley, Colorado 80632
Mr. Gordon E. Lacy, Chairman
Weld County Board of County Commissioners
P.O. Box 727
Greeley, Colorado 80632
Mr. Mark Hinze, Chairman
Greeley-Weld County Airport Authority
P.O. Box 727
Greeley, Colorado 80632
Gentlemen:
Enclosed are six copies of a grant offer for Airport Improvement Project
No. 3-08-0028-05 at the Greeley—Weld County Airport in which $39,744 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 of the grant offer.
Certification by the attorney 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 copy is for your records.
Sincerely,
1411472,- 211)7'47
Walter A. Barbo, Manager
Denver Airports District Office
Enclosures
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