HomeMy WebLinkAboutC09-177 Grant Agreement CO Surplus Airport Equipment Grant ProgramC~R-i~~
STATE OF COLORADO
DEPARTMElYT OF TRANSPORTATION
Divisiou of Aeronautics
5126 Front Range Parkway
Watkins, CO 80137
(303) 261-4418 FAX (303) 261-9608
Mr. Ovid Siefers, Project Director
Eagle County
P.O. Box 850
Eagle, CO 81631
RE: Colorado Discretionary Aviation Grant Agreement 09-EGE-S01
Dear Mr. Siefers:
~~,~'
May 14, 2009
In actions on May 1, 2009 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
Colorado Surplus Airport Equipment Grant Program. 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 pub4ic 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 siqned 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 toward the purchase of
surplus airport equipment. If you have any questions regarding your grant please contact Kaitlyn
Westendorf.
Sincerely,
Kaitlyn Westendorf, Grants Administrator
CDOT-Aeronautics Division
Shahn G. Sederberg, Surplus Coordinator
CDOT-Aeronautics Division
enclosures
CDOT-Aeronautics Division
Contract Rout. No.
CDAG No. 09-EGE-SO1
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 $46,500.00).
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) 1992 Osl~kosh HB2518 18' Runway Sweeper/Air Blower #W-11-016
2) 1993 Oshkosh HB2518 18' Runway Sweeper/Air Blower #W-11-022
3) 1999 Oshkosh HB2718 18' Runway Sweeper #W-11-025 ,
4) 1989 IHC 2574 Tandem Axel Dump 22' Plow/ Swenson Sander
#W-08-09
5) 1988 Wallard Fard Chassis TLPH-252 SMT F-350 Air Stairs
Equipment# W-37-001
2. Grant Bud~et
State: $46,500.00 Local: $46,500.00
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
$46,500.00 proportionable to the State's share of participation upon satisfactory
completion of performance. The liability of the State under this Agreement for any
paym~nts 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
$46,500.00. 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, docurnents, 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)
13. Any failure of either party to performance in accordance with tTie 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 fiist paragraph of Pa~agraph 3, captioned INDEMNIFICATION, of the SPECIAL
PROVISIONS)
To the extent authorized by /aw, Eag/e County shal/ indemnify, sa ve and hold ha~mless the State, its employees and agents against any
and a!l daims, damages, liability and court awards induding casts, expenses, and attorney fees incurred as a result of any act or omission
by the Contractor, or its emp/oyees, agents, su6contractors or assignees pursuant to the terms of this contract.
SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAI,. CRS §24-30-202(1). This contract shall not Ue valid unti] it has been approved Uy the Colorado State Controller or
designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial oUligations of tl~e State payable after the curreut fiscal yeaz aze contingent upon funds for
tl~at puipose being approptiated, Uudgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this coutract shall be construed or interpreted as a waiver, express or implied, of any of
the immuiuties, rights, Uenefits, protections, or oUier provisions, of the Colorado Governmenta] Immunity Act, CRS §24-10-101 et seq., or the Federal
Tort Claims Act; 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR, Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Cont~~actor nor any agent or employee of Contractor shall Ue deemed to be an agent or employee of the State. ConVactor and its employees and agents are
not entitled to unemployment iusurance or workers compensatiou benefits tlu~ough the Stafe and the S lale shall not pay for or oflierwise provide such
coverage for Contractor or any of i[s agents or employees. Unemployment insurance benefits will be availaUle to Contractor and its employees and agents
only if such coverage is made avnilable by Contracror or a third party. Contractor shall pay when due all applicable employment taxes and income taxes
md loca] head taxes incwred pursuant [o this conVact. Contractor shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Coatractor shall (a) provide and keep in force workers' compensation and unemployment
compensation ivsurance in U~e lmounts required by ]aw, (b) provide proof thereof when requested Uy the State, and (c) be solely responsiUle for its acts
aud tl~ose of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor sl~all strictly comply with all applicaUle federa] and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, ]aws applicable to discrimination and unfair employment ptactices.
G. CI30ICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of tlus contract. Any provision included or incorporated l~erein Uy reference which conflicts with said laws, rules, and regulations shall be
null and void. Any provision incorporated herein Uy reference which purports to negate Uvs or any other Special Provision in whole or in part shall not Ue
valid or enforceable w availaUle in any action at law, whether by way of complaint, defense, or otherwise. Any grovision rendered null and void by the
opera[ion of this provision shall not inva]idate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. Tiie State of Colorado does not agree to binding arUitration by any extra-judicial body or person. Any
provision to d~e contrary in this contact or incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other puUlic funds payable under Uris contract shall not
be used for the acquisition, operation, or maintenance of computer sofrware in violation of federal copynght ]aws or applicable licensing restric6ons.
Contractor hereby certifies and wa~Tants tUat, during flie term of this contract and any extensions, Contractor has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that ConVactor is in viola6on of this provision, the State may
exercise any remedy availaUle at law or m equity or under this contract, including, without litnitation, immediate termination of this contract and any
remedy consistent with federa] copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24•SO-507. The signatories aver tl~at to their
knowledge, no employee of the State has any persoval w beneficia] interest whatsoever in the service or praperty described in trus contract ConVactor
has no interest and shall not sscquire any interest, d'uect or ind'uect, that would conflict in any maoner or degree wi[h the performance of Contractor's
services and Contractor shall not employ any person l~aving such known interests.
10. VENDOR OFFSET. CRS §§24-30•202 (1) and 24-30-202.4. [Not Applicable to intergovernntental agreements] SuUject to CRS §24-30-202.4
(3.5), tl~e State Controller may wiUil~old payment under the State's vendor offset intercept system for debfs owed to State ageucies for: (a) unpaid child
support deUts or child support arrearages; (b) unpaid Ualances of tax, accrued interest, or other cl~arges specified in CRS §39-21-101, et seq.; (c) unpaid
]oans due to tl~e Student Loan Division of U~e Department of Higher Education; (d) unounts required to be ptid to the Unemployment Compensation
Fund; and (e) other unpaid debts owing to the State as a result of final agency determinaUOn or judicia] action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [NotApplicab/e to agreements re/ating to the offer, issuance, or
sa/e of securities, investment advisory services or fund management services, sponsored pro%ects, intergovernmental
agreements, or information techno/ogy services or products and services] Contractor certifies, warrants, and agrees that it does not
knowingiy employ or contract with an illegal alien who will pertorm 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 of job applicants whi~e this contract
is being pertormed, (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 de~iver to the contracting State agency,
Institution of Higher Education or politicai subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall 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.
12. PUSLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Convactor, if a natural person eighteen (18) years of age or older,
l~ereby swears and affirms under penalty of perjury that l~e or she (a) is a citizen or oflierwise lawfully present in the Uiuted States pursuant to federal
law, (U) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required Uy CRS §24-76.5-103
prior to the effective date of this contract
Revised 1-1-09
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
GRANTEE:
Eagle County
STATE OF COLORADO
~.,
BY:
Authorized Sig tur
Aeronautics Division Director
Department of Transportation
~~~~~ ~~~~~~
Print Name of Authorized Officer
~'( `~~;Y~'~j ~i.1? ~~;%~} ~.
Print Title of Authorized Officer
p g~ pRqH CHURCHILL
Notary Publfc
~t~t~ of Colorado
%/~~ C ~w r~rv ~ s. ~oi ~
t~~~~%4~~~~~- °'`1,~~~, (Plac~e°a~~ere, if available.)
A~ by
lv~~1~~ ~~(r~~l-`tc.~
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.
STATE CONTROLLER
David J. McDermott, CPA
By
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 facifities 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 ot 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 applicanYs duly-authorized governing body, which understands that all funds shall be used
exciusively tor 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, (`Yhe 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-rat2 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 usefui life, as determined by the Division and stated in the Grant
Agreement.
FURTHER BE IT RESOLVED:
That Eagle County hereby designates Ovid Siefers 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
appiicable to the performance of the grant work and hereby approve
all terms and conditions contained therein.
and requirements described in the Manual as
s the grant contract submitted by the State, including
for Eagle County, Grantee ~,f6~,~,~
~- C~i~"°,~o:~~
TTE
