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' RESOLUTION ��; '
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WHEREAS: ;:'`..;Y
� 1. The General Assembly of the State of Colorado declared in Title 43 of the Colorado Revised �:�`
Statutes,Article 10, 1991 ("the Act"►in C.R.S.43-10-101 "...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 �'.Y�
medical or other type of emergency...."
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i2. The Act created the Colorado Aeronautical Board("the Board")to establish policies and plans f' �
fo� the growth and development of aviation in the state, and to estabiish procedures for the �;,, '
� administration and distribution of moneys credited ta the aviation fund to be used solely for �;•
aviation purposes at public-accessible airports, including procedures for the state aviation system �
grant program. SEE,C.R.S.43-10-105 of the Act. 1� �
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� 3. The Act created the Division of Aeronautics("the Division")to support the Board in fulfilling its +�',
duties. The duties of the Division in supporting the Board include providing administretive suppoR
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to the Board in the distribution of monies credited to the aviation fund for aviation purposes, '�
� providing advisory assistance to airports providing access to the public, including technical and �
planning assistance, and implementing/administering the state aviation system grent program +!�
established solely for aviation purposes. SEE, C.R.S. 43-10-103 and C.R.S. 43-10-108.5 of the
Act. �
� 4. Any entity operating a public-accessible airport in the state may apply to the Division for a !�
� state aviation system grent to be used solely for aviation purposes. SEE, C.R.S.43-10-102(3)and
43-10-108.5(2)of the Act.
� 5. The•Appiicant is a public-accessible airport or an entity operating such an airport in the state
and has filed an application with the Division and the Board for a state aviation system grant to be �
used solely for aviation purposes.
1 6. The Division is authorized to assist only those public-accessible airports or entities operating �
such airports that request assistance'by means of a resolution passed by the governing board of
= � the airport or entity and forwarded to the Division. SEE,C.R.S.43-10-10315)of the Act.
7. The Appficant understands that if it is awarded a grant by the State,any disbursement of grent
funds to the Appiicant shall be contingent upon the prior receipt by the State of a resolution that �
� has been adopted by the duly authorized governing body of the Appiicant and that expressly �
satisfies certain grant procedures and requirements,as described below, i1
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! 8. The Applicant desires to request such grent assistance by means of a resolution passed by
ApplicanYs duly authorized governing board, in order to comply with C.R.S. 43-10-103(5) of the 1�'
Act and to satisfy certain grant procedures and requirements. The Applicant intends that the '�'i'
resolutian: �.�;}
a) designate the individual,authorized by the Applicant to execute the application on its _
behalf and to act in all related matters as ihe Applicant's Project Director for the project proposed � i'
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in the Application,as described in the Division's Grant Program Project Management Manual ("the �
Manual"►;and �'.
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b1 commit the App(icani to comply with aN terms and conditions af the app(ication and all . '��
guidelines,policies,procedures,and requirements described in the Manual if a grant for the prqject
is awarded to the Applicant by the 8qard;end .. ' .
c) obligate the Applicant to appropriate or otherwise make available in a timely manner
sufficient funds,if a�y,that are required from the Applicant for the application project
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NOW THEREFORE BE I7 RESOLVED THAT: �r" i
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� The Pitkin County,as the duly authorized governing body of the grant Applicant, hereby formally -
requests assistance from the Cotorado Aeronauticat eoard and the bivision ot Aeronautics in the .
form of a state aviation system g�ant. 7he Pitkin County states that such grant shail be used �
solely for aviation purposes, as determined by the Stete, end es generaily described in the
App(ication, r
FURTHER BE IT RESOLVED:
That the Pitkin County hereby designates Scott Smith as the Project Director, as described in the
' Manual, and authorized the Project Director to act in all matters relating to the work project
proposed in the Apptication in its behalf,including execution of the grant contract.
FURTHER: �
The Pitkin County has appropriated or will apPropriate or otherwise make avaifable in a timely
manner alt funds, if any,that are required to be provided by the Applicant under the terms and
. nonditions of the grant Contract.
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' FINALIY:
- ' The Pitkin Countv hereby accepts atl guidelines, procedures, standards, and .requirements
described in the Ma�ual as applicable to the performance of the grent wark and hereby approves
the grant contract submitted by the Siate,ine)uding all terms and conditions contained therein.
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ATTEST
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CONTRACT ROUTING NUMBER: 96-348
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CONTRACT ���
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This Contracf,made this ��h day of ;(pl' 1996, by and between the State of Colorado �:'
for use and benefit of the Department of Transp rtation, Aeronautical Board.("Board"), by the �
- Division of Aeronautics ('Division'1, 56 Inverness Drive East, Engtewood, Colorado 801 7 2-5 1 1 4, f
herein referred to as "the State", and Pitkin Countv,0233 East Airport Rd., Aspen, CO, 81611 F��,
FEIN - 846000794C, an operator that provides a public accessible aviation service in Colorado, �;
. herein referred to as"the Grentee'. 1�
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WHEREAS, authority exists in the Law a�d Funds have been budgeted, appropriated, and �'
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otherwise made available, and a sufficient unencumbered balance thereof remains availa6le for �
' payment in Fund Number 160,Appropriation Code 033, Contract Encumbrence Number 160 HAA �'�'
- 009Y 033 5000 0057 5120 1 N,Grant eudget Line No.4036; ' „�
_ WHEREAS, the State is authorized to implement and administer the state aviation system grant �
ro ram (" rant ro rem') and to rovide rants m entities o eratin t
P 9 9 P 9 P g p g public accessible airports in
Colorado,in accordance with the provisions of C.R.S.43-10-108; ���
WHEREAS,the grant program must be used solely for aviation purposes, as defined in C.R.S. 43-
10-702f31:
WHEREAS, the Board and the Division have developed the Colarado Aviation System Grant
Program/Project Management Manual("Project Manual"►, which contains poticies, procedures and '<
requirements to administer the grant program; '
- WHEREAS,the Board and the Division have established criteria to evaluate grant applications and #
to distribute grant program funds; .
- WHEREAS, the Grantee has submitted a grant Application (Attachment A) to use grant program
funds solely for the aviation purposes specifically described in the Scope of Work(Attachment 81, ;�
and the Division has determined that the Application meets the grant criteria;
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WHEREAS, the Division has determined that the activities proposed in the Application are solely •
for aviation purposes, are co�sistent with the State Aviation Systems Plan, and support and ; �
improve the State Aviation System;
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WHEREAS, the Grantee has the administrative and technical ability to properly compiete the �('
objectives and activities described in Attachments A and B, and the Grantee desires to agree to ;y ,,
perform such activities in accordance with the Contract budget(Attachment C); -
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WHEREAS, the Division has determined that no State Agency can reasonably conduct the .y�, i
activities and provide the services described in the Application; 4`�'
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WHEREAS, this Contract is executed by the State under authority of C.R.S. 29-1-203, 43-10- - .
t03{Zf, 43-10-108.5, 43-10-110(36 as amended, and the attached Board resotution fAttachment ; .�
D),and is executed by the Grantee under authority of C.R.S. 43-10-108.5�2), and pursuant to the i,
attached resolution iAttachment E) executed by the duly authorized governing body of the ��'
Grantee; �'''�
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WHEREAS, the Grantee warrants it has taken all necessary steps to ensure the individual signing `'
the Contract for the Grentee has been delegated such authority by the governing body of the
Grantee. `�`
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NOW,THEREFORE,it is hereby agreed as follows: ''�';r' '
7. Attachments A through F are incorporated herein as terms and conditions of tfiis Contract. .
Afi poticies, procedures,and requirements concerning the grant program that are described in the '
Project Manual as applicable to the Grantee are also'incorporated herein as terms and conditions
of this Contract. The Grantee shall comply with all such terms and conditions. �,;
2. If a co�fiict occurs between the terms and conditions of Attachments A through F or of the
Project Manual, and the terms and conditions of this Contract proper, then the foilowing priority ,"
shall be used to resoive such conflict: ��
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A. Frst,ihe Attachment F"Speciai Provisions"and this Contact proper;Yhen, �:
B. Attachment B;then, g
' C. Attachment C;then,
D. The Project Manual;then,
E. Attachment A;then, •
F. Attachment D;then,
G. Attachment E;then,
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H. Attachment F. ,.
- 3. The Grentee shall satisfactorily perform and complete the activities and services described in
Attachment A and detaiied in Attachment 8(coifeciively referred to as "the work"►,in accordance �
with the terms and conditions of the Contrect. �
4. 'fhe Grarttee shall submlt periodic and final reporis to the State concerning the performance
of the wo�k,in accordance with the procedures and�equirements described in the Project Manual
and the reporting criteria described in Attachment B:
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5. The Grantee shall comply with the budget for the work,as described in Attachment C. 7he ir
Grantee shall be solely responsibte for all costs of the work incurred I�excess of the budget or
incurred prior to the effective date of the Contract. j
6. The estimaied tota! costs of the work are not to exceed 538,627.00. Subject to the ; ,
conditions of the Contract,the State and Grantee shail participate in providing this estimated total
cost amount as folfows: ,
A. Maximum State Amount: S30,902.00 "
9. Grentee Local Match Amount: S7,725.00 °
C. Other Arnount(s?ifederel,private,eta):
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Total Program Costs: 338,627.00
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The maximum State share amount of the Contract shall be comprised entirely and exclusively of
monies from the C.R.S. 43-i0-109, Aviation Fund made available by the Board to the grant �
program. The State share of the actual costs incurred by the Grantee for the performance of the `'' `�>
i work shall not exceed the maximum amount described a6ove, without the benefit of a written • ' '�
Supplemental Contract executed by the State prior to the pertormance of additionat activities or the *'•�''..;.
� incurring of additional costs. .
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' If the actual costs incurred for the work are less than the estimated total program costs then the
_ State's maximum share of such costs shall be reduced proportionately, untess e prior written
Supplemental Contract has been ezeeuted by the State which reduces the required Grantee share
: or increases the State share.The Grantee may increase the Grantee share of the costs of the work
without further State approval, provided that any such increase shall not result in any increase of '�� r �
' the State share.
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7. The State shall reimburse the Grantee for the satisfactory performance and completion of the .
. work only in accordance with the reimbursement method(s), provisions, and procadures described
in Section I)(9)and(11)of the Project Manual. The method of paymenc will depend on the type of
` the work performed under the grant,and the State will decide which particular method of payment
described in the Project Manua(wi{I be used for the work.
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. 8. The Grantee shall make a comr!ete file of all records, communications, and other written
materials that pertain to the oerformance of the work under this Contract inr.luding, without ;:c
timitation,all cost records, 7 ; Grantee shaN maintain such file for a period of not iess than three ;'
(31 yeais afteT the date of cerminetion of this Cantract, or for such longer period as may be
necessary to resolve any matters that may be pending. !
The Gra�tee shail permit the State to audit and/or inspect its records for the work during the term �
- ot this Contract and for a period of not less than Lhree (3) years following the term;iiation of this i
Contract, in order to verify appropriate use of State funds, to assure compliance with the terms
�' hereof,and to evaluate the performance of the work.
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� The Graniee shall also comply with the specific accaunting, recard keeping, audit, and capitai
" - equipment requirements and procedures,as described in Section II af the Project Manual.
' 9. Tha term of this Contract shall commence on the date this Contract is approved in writing by
_ the State Controller or designee ("the effective date"I, as evidenced by the date indicated in �,
paragraph 1 of Page 1 of this document, and shail terminate on,Sune 30. 1997 unfass otherwise
• terminated as provided herein. All work performed or costs incurred by or at the direction or
request of Grantee prior to the effective date shall be the sole responsibility of the Grantee and
- shall not be compensated under the terms of this agreement.
10. The Grantee shall not execute any subcontract for the performance of the work under thts
- Contrac: withaut the prior written approval of the Director of the Division, or designee, prior to
, such executian.
_ The Grantee shail ensure that all su6contracts contain express provisions requiring the • .
subco�tractor to make and maintain all records concerning the cost(s)and performance of the work
_ and to aUow the State to inspect, examine, and audit such Tecords, in accordance with the
procedures described above and in the Project Manual. All su6contracts must comply with the �
requirements descri6ed.in Section t1114?of the Project Manual.
The Grantee shall not assign the Contract without the prior written approval of the State. Any
assignment without such approval shall be void. �: '
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(a) Termination for Ga ice, i,. �
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If,for any cause,the Grantee shall fail to fulfill in a timely and proper manner its obligations under c'�' •
this Contract, or if the Grantee shall violate any of the covenants, agreements, or stipulations of '��•
this Contract,the State shall thereupon have the right to terminate the Contract for cause by giving
written notice to the Grantee of such termination and specifying the effective date thereof,at least
thirty (30) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drewings, maps, models, photographs, equipment, �;.�.^
etc., and reports or other materiat prepared by the Grantee under this Contract shalt,at the option '
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of the State, become its property, and the Grantee shaA be entitled to received just and equitable
compensation for any satisfactory work completed on the activities or functions of this Contract.
Notwithstanding the above, the Grantee shall not be relieved of liability to the State for any •
damages sustained by the State by virtue of a breach of the Contract 6y the Graritee,and the State
may withhold any payments to the Grantee for the purpose of offset until such time as the exact
amount of damages due the State from the Grantee is determined. y..
(b) Termination for Conveni n
The State may terminate this Contract at any tima the State determines the purposes of the �'�ir
distribution of monies under the agreement would no lo�ger be served by completion of the
Contract. The State shall effect such termination by giving written notice of termination to the �'�:
Grantee and specifying the effective date thereof,at least thirty(30)days before the effective date �
of such termination.
72. The Grantee shaff perform its duties under the Contract as a Granteer�dependent contractor
and not as an employee of the State. Neither the Grantee nor any agent,employee,subcontractor,
or servant of the Grantee shall be or shall be deemed to be an agent or employee of the State,and
they shall have no authorization, express or implied, to bind the State to any agreements, ,'a.''~
settlements, liability,or understanding except as expressly set forth herein. The Grantee shall be '
responsibfe to the State for the ultimate resuiis of the performance required hereunder but shall not
' 6e subject to ihe direction and control of the State as to the means and methods of accomplishing
the resulis. The specificatfon in this Contract of particular performance standards the State deems
esseniial to proper performance and Contrect value shaU in no event be deemed to alter this
relationship. The Grantee shall pay when due all required employment taxes and income taxes
withhotding, including tedera! and State income tax on any moneys paid pursuant to this Grant
Contract. The Grantee shall provide and keep in force worker's compensation (and show proof of
such insurance) and unemployment compensation insuranca in the amounts required by law, and
shall be solely responsible for the acts of the Contract, its employees and agents. The Grantee
acknowledges that the Grantee and its employees are not entitled to the benefits of worker's �'•
compensation insurance or unemptoyment insurance unless the Grantee or a third party provides i
such coverage and that the State does not pay for or otherwise provide such coverage. �
Grentee shall be solely and entirely responsible for its acts or omissions and the acts or omissions � ,
of its agents, employees, suhcontractors, and servants. Grantee shall pay when due all '
employment raxes and income tax withholding and shall provide and keep in force worker's
compensation (and show proof of such insurance) and unemployment compensation insurance,to
the extent required by law for the work. �
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' 13. To the extent this Contract may be executed and performance of the ob(igations of the parties * -'"R.
may be accomplished within the intent of the Contract,the terms of this Contract are serveable, '
and should any term or provision hereof be declered invafld or become inoperative for any reason, �' t'>
such invalidity or failure shall not affect the validity of any other term or provision. The waiver of .��
any breach of a term shall not be construed as a waiver of any other term.. . !'�r�' �.;'
14. This Contrect is intended as the complete integration of all understandings between the . i'�,.
parties. No prior or contemporaneous addition,deletion,or other amendment hereto shall have any
force or effeci whatsoever, unless embodied herein in writing. No subsequeni notation, renewal,
addition,deletion,or other amendment hereto shall have any force and effect unless embodied in a "f'''.'
. written contract executed and approved pursuant to State Fiscal Rules. `'
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15. The grantee/local entity shaU keep the airport facility accessible to, and opan to, the public t=` ..
during the entire useful lite of the grant funded improvements/equipment. The Division has � - '
determined that the useful life of the grant funded improvementslequipment is 3 y�ars. `� �
a) If the grantee/local entity ceases operation or closes the airport, or otherwise fails to ? �
� maintain the airport facility accessible to and open to the public during that entire useful life,then .
the grantee/local entity shall reimburse the Division for the entire vatue of any unexpired useful life
. of the improvements/equipmr-nt, or a pro-rata basis, not later that 30 calendar days after that !
� cessation/ciosure.
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. b) If the granteellocal entity ceases operetion or closes the airport, or otherwise fails to
maintain the airport facility accessible to and open to the public during that entire useful life, but �'�:°
� does not comply with subparagreph (a1 above, then the Division has the right to enter upon the �'!
- airport property and remove such improvements/equipment i�f practica6le) from the airport facility ���
for use elsewhere for aviation purposes. In that event the Division will own such
. improvements/equipment, vis-a-vis the grantee, and the grantee shall execute any documents
and/or take any actions requested by the Division to perfect the ownership.
_ c) The Division has na QhJi.qation to take the ectian described 'rn subparagraph (b) above,
but it may do so at its sole option and in its exclusive discretion. If the Division elects not to take `'`
_ - such action,it may still pursue all available legal remedies.
16. The Grantee shall submit to Lhe State with the executed Contract a resolution(Attachment E) ppp
+ that has been duly adopted by the governing board of the Grantee. �1
That resolution must expressly: �
A. designate a particular individual as the"Project Director"for the Grantee's performance •
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of the work;
B. autharize the Project Direccor to take atl steps and perform ali necessary functions in ;
, . connection with the work,as des��ibed in the Project Manual; �
C. authorize the signatory named beiow to execute the Contract on behalf of the Grantee; ,
D. indicate that the Grantee has taken or wiU take all necessary actions to appropriate or ,: .
otherwise make available all funds that the Grantee is required to provide for the work
under the Contract,if any;and • p
E. accept and approve all terms and conditions of the Contract. g
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• IN WITNESS WHEREOF,the parties hereto have caused the foregoing Contract to be executed by � `'. .
their duly authori�ad officers the day and year first above written. '
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STATE OF COLORADO ` K�
ROY ROMER.GOVERNOR , ;y���.�.��
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DEPARTMENT OF TRANSPORTATION `,�.,,
Division of Aeronautics '�:`-'�
ATTEST ivision i ctor ',;:..�`�.
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/Chairman �;, '.
. �at6rado Aeronautical Board �;.,
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ATfES�� GRANTEE; +..
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By�'�.:.!' � 1/�/ 7 By �:�.--Q--`—�i-�--�_ k','
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Title J� I � �, / itleGH/�7���)i1.7; �D�L �.:
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APPROVALS:
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; CLIFFORD W.HALL GALE A.N TON ''
State Controiler Attorney e ral ',.,��
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