HomeMy WebLinkAboutC09-022 Colorado Department of TransportationCDOT- Aeronautics Division Doc. No Contract Rout. No. CDAG No. 09- EGE -0I 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 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 Vendor ID 2000124, Fund Number 160, GL No. 4512000010, and Organization Code V0099 -033. (Grant Agreement Encumbrance Amount $250,000.00). 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: 1. Scope of Work: 1) Match on FAA AIP 44 & 45 2. Grant Budget State: $250,000.00 Local: $802,631.00 Federal: $20,000,000.00 3. In consideration of the obligation Eagle County, the Grantee, upon performance in accordance with defined work scope, shall be reimbursed incrementally the amount of $250,000.00 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. 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 $802,631.00. 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 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. 2 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. 3 ADDENDUM TO SPECIAL PROVISIONS (Replaces the first paragraph of Paragraph 3, captioned INDEMNIFIG477ON, of the SPECIAL PROVISIONS) To the extent authorized by law, Eagle County shall indemnify, save and hold harmless the State, its employees and agents against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result ofany act or omission by the Contractor, or its employees, agents, subcontractors or assignees pursuant to the terms of this contract. SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in rtahcs 1. CONTROLLER'S APPROVAL. CRS §24 -30 -202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24 -30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. [Applicable Only to Intergovernmental Contracts] 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, 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. Contractor shall perform its duties hereunder as an independent contractor and not as an employee Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth herein Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON - DISCRIMINATION. 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 this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. VENDOR OFFSET. CRS §524 -30 -202 (1) and 24 -30- 202.4. [Not Applicable to Intergovernmental Agreements] The State Controller may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept system for (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq , (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund, and (e) other unpaid debts certified by the State Controller as owing to the State as a result of final agency determination or judicial action. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. 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 federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that 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 this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL 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. 10. 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 CRS §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 that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E- Verify Program or Department program procedures to undertake pre - employment screening ofjob applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if 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 with 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 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 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages 11. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he 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 et 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 May 13, 2008 T � THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT GRANTEE: Eagle County r BY: ina-a A-" I " Authorized Signadure Print Name of Authorized Officer Print Title of Authorized STATE OF COLORADO Aeronautics Division Director 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 STATE CONTROLLER David J. McDermott, CPA Date 5 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: 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. 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 Eagle County hereby designates Rick Ullom 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: 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. FINALLY: Eagle County 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. _QL4-- for Eagle County, Grantee 40VGMLE CO G ATTESLO O STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Division of Aeronautics 5126 Front Range Parkway Watkins, CO 80137 (303) 261 -4418 FAX (303) 261 -9608 Mr. Rick Ullom, Project Director Eagle County P.O. Box 850 Eagle, CO 81631 -850 RECEIVED 'JAN 13 2009 FACILITIES MANAGEMENT RE: Colorado Discretionary Aviation Grant Agreement 09- EGE -01 Dear Mr. Ullom: PO M 3 January 9, 2009 In actions on October 17, 2008 by the Colorado Aeronautical Board, funding was awarded to Eagle County. Enclosed please find three copies of the GRANT AGREEMENT between Eagle County and the Colorado Department of Transportation- Aeronautics Division for State funding to participate in the approved projects. Incorporated into these documents is also a RESOLUTION requesting this assistance, assuring sufficient local funds are available and designating you as the Project Director. Please make certain that three copies of these documents are signed as indicated and attested where needed by the Chair of Vice -Chair of the County Commissioners in public session. Officials other than those stated here may sign only when we are provided a current written resolution of the sponsor appointing such person to sign contracts. Please return all three signed copies of the Grant Agreement and Resolution to the Division for processing of the authorized funds by the CDOT- Accounting Branch. Once signed and funds have been authorized one signed copy will be returned to the airport. The Division staff looks forward to working with you and Eagle County on completion of the projects. If you have any project related questions regarding your grant please contact your Aviation Planner, Scott Brownlee. Sincerely, Kaitlyn Westendorf, Grants Administrator CDOT- Aeronautics Division enclosures