HomeMy WebLinkAbout2004-248 Grant Agrmt - ODA
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DEPARTMENT OF
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Dregon
Theodore R. Kulongoski, Governor
3040 25th Street SE
Salem, OR 97302-1125
Phone: (503) 378-4880
(800) 874-0102
FAX: (503) 373-1688
December 20, 2004
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Paula C" Brown, Public Works Director
City of Ashland
20 E. Malin Street
Ashland, OR 97520
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Subject:
Financial Aid to Municipalities
Grant Agreement FAM05-002
Dear Ms. Brown:
Enclosed for the City's records is one fully executed grant agreement to
install a Medium Intensity Runway Lighting System, rehabilitate the apron,
install tctxiway reflectors, and construct an aircraft wash facility at the
Ashland Municipal Airport. Per the terms of this agreement, the funds are
to be used toward the City's local match for a Federal Aviation
Adminis,tration Airport Improvement Project grant.
If you helve any questions concerning the grant agreement or how to
request reimbursement, please contact me at 800-874-0102.
Sincerely,
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Teddie A. Baker, OPMA
Aviation Project Specialist
Enclosure (1)
Form S02-9S01 (l-036:\Stephanie Barth Common\Teddie Projects\Ashland Municipal Grant Trans.doc
FAM05-002
STATE OF OREGON
DEPARTMENT OF AVIATION
FINANCIAL AID TO MUNICIPALITIES GRANT AGREEMENT
This AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Aviation, hereinafter 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
MunicipaliHes Program project, to install Medium Intensity Runway LiQhtinQ System,
rehabilitat~~ apron, install taxiway reflectors, and construct aircraft wash facility
for Ashland Municipal Airport, together with plans and specifications 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 perform.
By the authority granted in ORS 836.025, Aviation may, out of rnoney available 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 of 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 reprE~sentations and assurances contained in its project application, and its
acceptance of this offer as hereinafter provided, and (b) the benefits to accrue to the
State of Onegon 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 $25,000. 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% .
2005 FAM Grant
Ashland Municipal Airport
F AM05-002
This agreernent shall become effective on the date all required signatures are obtained and
shall remain in effect until completion, or until June 30. 2005, 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 with the approval of the State. Municipality shall 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 Municipality agrees
that during the lifetime of this agreement, it shall not grant any exclusive right for the
use of tine 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. Further, 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.
2005 FAM Grant
Ashland Municipal Airport
2
F AM05-002
9. Municipality agrees and understands that in acting under this agreement and under
any subcontracts entered into under this agreement, it will comply with all applicable
federal, state, and local laws, regulations, executive orders and ordinances
applicable to the work including, but not limited to, the provisions of ORS 279.314,
279.31E" 279.320, and 279,555, incorporated herein by reference and made a part
of this agreement.
GENERAL PROVISIONS
Aviation Obligations:
1. Aviation will reimburse eligible costs incurred by Municipality in carrying out the
project subject to the amounts shown in the project application, Exhibit A. Such
reimbursement shall not exceed the Agreement Amount.
2. Aviation certifies at the time this agreement is executed, that sufficient funds are
availabl,e and authorized for expenditure to finance costs of this agreement within
Aviation's current appropriation or limitation of current biennial budget. Municipality
understands and agrees that Aviation's payment of amounts after the last day of the
current biennium is contingent on Aviation's receiving authorization from the
Legislative Assembly to continue to finance costs of this agreement.
3. Aviation reserves the right to withhold payment of funds if there are unresolved audit
findings, or inadequate information concerning Municipality's project activities.
Aviation reserves the right to reallocate any portion of the Agreement Amount,
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, airport
operations and maintenance expenses such as expenditures for wages or salaries,
utilities, services vehicles, and all other non-capital expenditures comprised of items
such as: insurance premiums, professional services (except for engineering of
proposE~d airport capital improvements under FAM Program), supplies, construction
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 employers
working under this agreement are subject employers under the Oregon Workers'
Compensation Law and shall comply with ORS 656.017, which requires them to
provide workers' compensation coverage for all their subject workers.
2005 FAM Grant
Ashland Municipal Airport
3
F AM05-002
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.
8. Inspection Schedule and Reportinq System:
Except for those projects receiving both State and Federal Aid, the following
inspection schedule and reporting system is required. The Inspection Schedule will
be placE~d 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) Stab3 will make final inspection and sign off project as completed.
d) Statl3 will require Municipality to submit verification of all expenditures to
substantiate partial and final payment.
TERMINA TION
1. Parties' Riqht to Terminate for Convenience. This agreement may be terminated by
mutual 'Nritten 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 events:
a. If Municipality fails to provide services or funds called for by this agreement
withiin 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 Aviation fails to
corn3ct such failures within 10 days or such longer period as Aviation may
authorize.
2005 FAM Grant:
Ashland Municipal Airport
4
F AM05-002
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
allovllable or is no longer eligible for funding proposed by this Agreement.
d. Both parties agree that continuation of the project would not produce results that
are commensurate with the further expenditure of funds.
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: I: -;t. ~
(:z /t~ !of
Charles H. Riordan
State Airports ManaQer
Title:
By: ~
Title: ~'~ Ii) ~ >.II S ~Ic ""
2005 FAM Grant
Ashland Municipal Airport
5
F AM05-002
CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO:
Barbara Christensen
City Recorder
DATE:
PROJECT:
JOB NO.:
SUBJECT:
January 4, 2005
Ashland Airport Improvements
00-18
F AM Grant Agreement
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Original Financial Aid to Municipalities (F AM) Grant Agreement F AM05-002 for filing.
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO:: Paula Brown
Department OfPUbliC~O
By: James H. Olson
Title: City Surveyor / P t Manager
PUBLIC WORKS
20 E. Main Street
Ashland, Ore~on 975:20
www.ashland.or.us
Tel: 541-488-5587
Fax: 541-488-6006
TTY: 800-735-2900
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