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Home My WebLink AboutC05-183 CDOT_grant airport improvements - 0 CDOT-Aeronautics Division HAV Contract Routing No. COLORADO DEPARTMENT OF TRANSPORTATION Colorado Aeronautical Board GRANT AGREEMENT This Grant Agreement, made this ,-?j day of ~ 20Oc.1), by and between the State of Colorado for the use and benefit of the D artment of Transportation-Aeronautics Division, hereinafter referred to as ("the Division" or "the State") and Eagle County 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 Grant Budget Line 4095 in Fund Number 160, Appropriation Code 033 and Organization Code 0092. Fiscal coding: 160 HAA 0092 033 500000725120 1 N(Grant Agreement Encumbrance Amount $150,000.00). 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 that 1. Scope of Work: participate in local match for federally-funded airport improvements 2. Grant Budget State: $150,000.00 Local: $150,000.00 Federal: $5,700,000.00 1 ,., In consideration of the obligation Eagle County, the Grantee, upon performance ..J. in accordance with defined work scope, shall be reimbursed incrementally the amount of $150,000.00 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. 4. The Grantee shall provide "matching funds" as shown above, in the amount of $150,000.00. 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, 2008. (Not to exceed five years). 6. A vailability 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 duly 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 terms of this Agreement. 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: 2 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 other provided, the duties and obligations of the Grantee shall not be assigned, delegated, or subcontacted 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 ofthis 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: phI It \ f) ft- go!,\) vY\..L V'\ ~~~'h1 ~ 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. 3 SPECIAL PROVISIONS 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND A V AILABILlTY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICA TlON. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.c. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITIIER TIIE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF TIIE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY TIIE STATE PURSUANT TO TIllS CONTRACT. CONTRACTOR ACKNOWLEDGES TIIAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS TIIE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND TIIAT TIIE STATE DOES NOT PAY FOR OR OTIIERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTIIORIZATION, EXPRESS OR IMPLIED, TO BIND TIIE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTII HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY TIIE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR TIIE ACTS OF HIE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINA TlON. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination 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 interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. Software Piracy Prohibition Governor's Executive Order No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8.EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. 4 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT GRANTEE: STATE OF COLORADO Eagle County ~~ \JQUD~ Aeronautics Division Director FE Department of Transportation . (Place seal here, if available.) 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. By 5 , - ( . Commissioner ~~ moved adoption of the follow g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO lU:SOLUTION NO. 2005 - () &5"' RESOLUTION CONCERNING THE COLORADO DEPARTMENT OF TRANSPORTATION, COLORADO AERONAUTICAL BOARD, GRANT REQUEST WHEREAS, the General Assembly of the State of Colorado declared in Title 43 of the Colorado Revised Statutes, Article 10, 1991 in C.RS. 43-10-101 (the Act) tI . . . 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 crucial in the event of a medical or other type of emergency. . . " 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.RS. 43-10-103 and C.RS. 43-10-105 and C.RS. 43-10-108.5 of the Act. WHEREAS, 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, (tithe Manual"). NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Eagle County, 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. Eagle County states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. THAT, 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, on a pro-rata basis. THAT, 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 detennined by the Division and stated in the Grant Agreement. THAT, Eagle County hereby designates Phillip Bowman 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. THAT, Eagle County 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. THAT, Eagle County hereby accepts all guidelines, procedures, standards and requirements described in the Manual as applicable to the performance ofthe grant work and hereby approves the grant contract submitted by the State, including all terms and conditions contained therein. MOVED, READ AND ADOPTED, by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of ~, 2005. Clerk to the Board of County Commissioners Peter F. Runyon, Commiss ~~~SSioner Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Menconi ~ Commissioner Runyon Commissioner Stone ar 7/3 This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado.