HomeMy WebLinkAbout2005-38 Aviation Grant
RESOLUTION 2005-38
A RESOLUTION ACCEPTING THE GRANT OFFER OF
THE STATE OF OREGON THROUGH THE OREGON DEPARTMENT OF AVIATION
IN THE MAXIMUM AMOUNT OF $10,000 TO BE USED UNDEI{
THE FINANCIAL AID TO MUNICIPALITIES PROGRAM IN
THE MAINTENANCE OF ASHLAND MUNICIPAL AIRPORT.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City of Ashland shall accept the Grant Offer of the State of Oregon in the
amount of $10,000 for the purpose of obtaining State Aid in the maintenance of approach zones
and obstacle free zones at Ashland Municipal Airport; and
SECTION 2. That the City Administrator for the City of Ashland is hereby authoriz1ed and
directed to sign the Statement of Acceptance of said Grant Offer on behalf of the City of
Ashland, and the City Recorder is hereby authorized and directed to attest the signature of the
City Administrator and to impress the official seal of the City of Ashland on the aforesaid
statement of Acceptance; and
SECTION 3. A true copy of the Grant Offer referred to herein is attached hereto and made a part
hereof.
This resolution was read by title only in accordanc~uniciPal Code 92.04.090 and
duly PASSED and ADOPTED this cfb day of , 2005.
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Barbara Christensen, City Recorder
SIGNED and APPROVED this ~/ day of ~, 2005.
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Reviewed as to form:
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~iikG Flfilldl, City Att5IHS~T
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CERTIFICATE
I, Barbara Christensen, City Recorder of the City of Ashland, Oregon, do hereby certify that the
attached copy is a full, true! and correct copy of Resolution No. 2005-~ adopted at a regular
meeting of the Ashland City Council held on the 20th day of September. 2005, and the same is
now in full force and effect-
(SEAL)
IN WITNESS WHEREOF. I have here~ and impressed the official seal of the
City of Ashland this ~? day of . _005.
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Signed, ~ ~
Barbara Christensen
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STATE OF OREGON
DEPARTMENT OF AVIATION
FINANCIAL AID TO MUNICIPALITIES GRANT AGREEMENT
This AGRSEMENT is mad~ and entered into by and between the STATE ()F O~EGON._
acting by and through its Department of Aviation, herefn-after referred to as "Aviation",
and the City of Ashland, hereinafter referred to as the "Municipality."
RECITALS:
WHEREAS, the Municipality has submitted to the State a request for a Financial Aid to
Municipalities Program project, for vegetative obstruction mitigation- trirnming of
trees in violation of both object free area and obstacle free zone cleariing
standardsJor Ashland Municipal Airport, together with plans and specifiGations for
such project, is hereby incorporated by reference and made a part of this grant
agreement, Exhibit A; and
By the authority granted in ORS 190.110, state agencies may enter into agreements
with units of local government for the performance of any or all functions and activities
that a party to the agreement, its officers, or agents have the authority to pe~rform.
By the authority granted in ORS 836.025, Aviation may, out of money availc3ble for this
purpose, plan, establish, construct, enlarge. improve, maintain, equip, operate, regulate,
protect and police airports. Aviation may exercise this power jointly with any
municipalities or agencies 01 the state government, other states or their municipalities,
or the United States, by authority granted in ORS 836.040.
By the authority granted in ORS 836.015, Aviation may render financial assistance by
grant or loan or both to any municipality or municipalities acting jointly in thE~ planning,
acquisition, construction, improvement, maintenance or operation of an airport owned or
controlled by, or to be owned or controlled by such municipality.
NOW, THEREFORE, in consideration of (a) the Municipality's adoption and ratification
of the representations and assurances contained in its project application, cknd its
acceptance of this offer as hereinafter provided, and (b) the benefits to accrue to the
State of Oregon and the public from the accomplishment of the project and the
operation and maintenance of the airport as herein provided, it is agreed by and
between the parties as follows:
TERMS OF AGREEMENT
The maximum obligation of the State payable under this grant shall be $10,000. The FAM
grant match requirements are based on the airport's category as listed in the current Oregon
Aviation Plan. Ashland Municipal Airport is a Category 4 Airport, with a match of
10%.
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This agreement shall become effective on the date all required signatures are obtained and
shall remain in effect until completion, or until June 30. 2006, whichever event occurs first.
Municipality Obligations:
1. Municipality must carry out and complete the project in accordance with the plans
and specifications and property map, incorporated herein, as they may be revised or
modified w.ith the approval of the ?t~te. Municipality sb~,~1 notify Aviation in writing ,of
changes in the project activities prior to performing any changes and will not perform
any changes with out written approval from Aviation.
2. Municipality must certify that this project was bid competitively in accordance with
bidding procedures for public contracts involving construction.
3. Aviation will not disburse grant monies to the Municipality for this airport project until:
a) In the case of a "force account" project, the project is completed and an itemized
statement for the cost of materials along with an itemized statement of labor and
equipment costs have been submitted to the State.
b) All labor rates and equipment costs must be preapproved by the State. Labor
and equipment hourly rates shall not include overhead.
4. Municipality must spend or obligate money allocated for projects within the fiscal
year for which allocated or Aviation may withdraw the allocation.
5. In accepting Financial Aid to Municipalities Program funds, the Municipa.lity agrees
that during the lifetime of this agreement, it shall not grant any exclusive right for the
use of the airport, improvements or services at the airport.
6. Municipality must maintain and operate the airport as an airport in a usable, safe,
and orderly manner at all times for a period of at least 20 years. Furthe!r, all income
derived from the airport shall be deposited in an airport account and these funds
shall be used only for operation, maintenance or capital improvement of the airport.
7. Municipality is responsible for all costs and expenses related to its employment of
individuals to perform the work under this agreement, including but not limited to
retirement contributions, workers' compensation, unemployment taxes, and State
and Federal income tax withholding.
8. Municipality shall, to the extent permitted by the Oregon Constitution and the Oregon
Tort Claims Act, hold Aviation harmless from liability for any costs, fees or expenses
that may be incurred in the performance of this agreement.
9. Municipality.agrees and understands that in acting under this agreement and under
any subcontracts entered into under this agreement, it will comply with ckll applicable
federalw state, and local laws, regulations, executive orders and ordinan(~s
applicable to the work including, but not limited to. the provisions of ORS 279.314,
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279.316,279.320, and 279,555, incorporated herein by reference and nlade a part
of this agreement.
GENERAL PROVISIONS
Aviation Obligations:
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1. AviaOtion will reimburse eligible costs incurred by Municipality in carrying out the
project subject to the amounts shown in the project application, Exhibit )~. Such
reimbursement shall not exceed the Agreement Amount.
2. Aviation certifies at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreem~ent within
Aviation's current appropriation or limitation of current biennial budget. ~~unicipality
understands and agrees that Aviation's payment of amounts after the last day of the
current biennium is contingent on Aviation's receiving authorization froml the
Legislative Assembly to continue to finance costs of this agreement.
3. Aviation reserves the right to withhold payment of funds if there are unre!solved audit
findings, or inadequate information concerning Municipality's project activities.
Aviation reserves the right to reallocate any portion of the Agreement Arnount,
which, based on its estimate, will not be used by Recipient.
4. The allowable costs of the project shall not include any costs determined by the
State to be ineligible for consideration. Allowances will not be granted for land values
for previously acquired land, value of buildings or other improvements, alirport
operations and maintenance expenses such as expenditures for wages or salaries,
utilities, services vehicles, and all other non-capital expenditures compri:sed of items
such as: insurance premiums, professional services (except for engineering of
proposed airport capital improvements under FAM Program), supplies, e:onstruction
equipment, upkeep and landscaping, and such other items of expenditure which
may be properly designated as "operations and maintenance."
5. The parties, Municipality's or Aviation's subcontractors, if any, and all enlployers
working under this agreement are subject employers under the Oregon 'Norkers'
Compensation Law and shall comply with ORS 656.017, which requires them to
provide workers' compensation coverage for all their subject workers.
6. Performance of this agreement shall not be subcontracted in whole or in part, except
with the written consent of Aviation. Municipality shall not assign this agreement in
whole, or in part or any right, privilege, duty or obligation hereunder, without the prior
written consent of Aviation.
7. This agreement shall incorporate and shall be subject to the applicable terms and
conditions sPecified in Aviation's administrative rules, as they are amended from
time to time. .
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8. Inspection Schedule and Reportinq System:
Except for those projects receiving both State and Federal Aid, the foll01Ning
inspection schedule and reporting system is required. The Inspection Schedule will
be placed on a quarterly basis. On projects taking less than three (3) months, the
Municipality must make reports and be inspected on the following schedule:
a) Municipality report project commencement date.
b) Municipality report project completion date and request final inspection.
c) State\\1i11 make final inspection and sign off project as completed.
d) State will require Municipality to submit verification of all expenditures to
substantiate partial and final payment.
TERMINATION
1. Parties' Rioht to Terminate for Convenience. This agreement may be terminated by
mutual written consent of both parties.
2. Aviation's Riqht to Terminate for Convenience. Aviation may, at its sole discretion,
terminate this agreement, in whole or in part, upon thirty days written notice to
Municipality.
3. Aviation's Riqht to Terminate for Cause. Aviation may terminate, in whole or in part,
immediately upon notice to Municipality, or at such later date as Aviation may
establish in such notice, upon the occurrence of any of the following eVE~nts:
a. If Municipality fails to provide services or funds called for by this agreement
within the time specified herein or any extension thereof.
b. If Municipality fails to perform any of the other provisions of this agreement, or so
fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from Aviiation fails to
correct such failures within 10 days or such longer period as Aviation may
authorize.
c. If Federal or state laws, regulations or guidelines are modified or interpreted in
such a way that the work by Municipality under this agreement is no longer
allowable or is no longer eligible for funding proposed by this ~green1ent.
d. Both parties agree that continuation of the project would not produce results that
are commensurate with the further expenditure of funds.
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IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and
year written below.
[For any grant agreement that is over $100,000.00]
REVIEWED FOR AVIATION
BY: N/A
Assistant Attorney General
Date
State of Oregon
Department of Aviation
By:
Charles H. Riordan
Title: State Airports Manacer
Date:
City of Ashland
(Name of Municipality)
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Date: 9;/ ;.s-
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