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Home My WebLink Aboutbocc.con.002.1986 . .t^a:y . � . :?'�". ' �� ' . .��1Fi.� ' �� p�. _;. . o,. . u wr¢�d�} .;��9� ��r+� �_ !i'� �r,'w�, �: r��ti.' ' :..,1....•.meN�+l_f.a6ir:i:�w:.,.:.:1R'C 1��.: .��-:. . _._.. ._�..�$, - _ t'. . "f�� :t:. �v- p '.,. 'w y��< �5'�. �;�:>�� .. kn ' LICENSE AGREEMENT � CA 2(86) i' THIS AGREEMENT, made and entered into this 13TH day _! . ;. of JANUARY � 1g86 , by and between THE BOARD OF COUNTY + , �� '—' COMMISSIONERS OF PITKIN COUNTY, COLORADO, a Colorado home-rule I county (hereinafter referred to as the "COUnty'�), and ! FATTOR PETROLEUM CO of Glenwood Sprinas. Colorado. � (hereina�ter referred to as "the Company") , a colorado caroora- �� j � tion . � W I T N E S S E T H: � � �' . . . � WHEREAS, the County owns and operates the Pitkin County � Airport, also known as Sardy Field (hereinafter referred to as s-� •� � � the "Airport��), which facility includes puhlic areas and non- ' � public (exclusive and non-exclusive) operational areas; and �� ;4 •. j, WHEREAS, the County has authority to regulate aommer- _ � ' cial activities on Airport property, pursuant to C.R.S. 1973 41- r � . a 4-101, et sea•, Section 2-6 of the Pitkin County Airport Regula- � '�. . r-� ;;t` � tions (Title TV, Pitkin County Code) and the Airport's Minimum s Standards for Airport Aeronautical Activities; and ^�� y � WHEREAS, the County has constructied a motor vehicle r £ "fuel-farm" facility for the safe and efficient storage and �. . dispensing of gasoline for its own vehicles and those of certain (` t�. , Airport lessees and licensees; and - ; WHEREAS, the Company is regularly in the business of j z: providinq fuel and fueling services; and .�` WHEREAS, the County is willing to permit the Company to operate the motor vehicle "fuel farm,° all as more specifically • hereinafter provided, as well as allow the Company access to the - Pitkin County Airport in furtherance of its business activities .�-. there; and WHEREAS, the Company is ready, willing and able to ; perform its business functions in accordance with the terms, standards and conditions hereinafter set out: i 1 � 1 � I � ;• .. . ..,��. . ��' ; 5 '�r .,� � s ;a�. .._ �r __ y "��S,�p" a°' -��4''-�+ y}1�� n.�}r'�.4�'1��•�.,,,�.�j•. � � x �^��`ny�X�`�,'�,'{° . ��5� � � ��-.t: ?�.�t. t,. �l ��.,; � �� .. d+ �• a ti A � -.�`� �z� `�rs,y. A ,�.- S�T ...�a.. t; A �' NOW, THEREFORE, for and in consideration of the premises ' and of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto agree as ; r, follows: ----�- � 1. Use Permitted. The County grants and permits unto �' .- : _� �. the Company for the term hereof the right to occupy, operate and �' manage the raotor vehicle "fuel farm" facility identified on the � .. ' _',•j attached Exhibit "A" and access to other Airport property �.::;. .' . � necessarily incidental to the uses herein described, including ;-'. , '_� � such roads, driveways, loading and unloading areas, waiting areas � ,� . and parking areas as are designated by the Airport Manager in his � -� I., -� reasonable discretion. 'a „ i 2. Term of Agreement. The term of this Agreement � •r, �'� !,ti� shall commence as of 12:01 noon MST, on the 15th day of � . January , 19 86 , and shall expire at nobn on the � 31st day of October , 19 86 . ',� r I It is the intention of the County, if the Company " ~ �"� performs in a satisfactory manner, to enter into one four-year ' extension of this Agreement with the Company, under terms sub- . . ' :;.; ,r;.; ` � stantially similar to this Agreement but with such changes as are i';:l �.J a deemed necessary, in the reasonable discretion of the County, to ._�� ,,.� deal with problems identified in the administration of this '., . Agreement and/or operation of the fuel farm during the initial t�. � term hereof. If the County determines that the Company's perfor- � imance has not been satisfactory or if the terms of an Extension i � ' Agreement cannot be agreed to by the parties, the County shall so :� ! ' give notice to the Company by September 30, 1986, and thereafter ! ; publicly re-bid the work. . ; '- � 3. Fees. The Company shall: __,�; 'a A. Pay to the County for the right to operate the � "fuel farm" for the term of this Agreement, the greater of $0.142 '' er allon for each , p g gallon sold to lessees and licensees hereunder � or sixty percent (60�) per gallon of the difference between the ;r �'' rice aid b the Com an �� " �� p p y p y per gallon (FOB fuel farm, including y; taxes) and the price charged to lessees and licensees (maximum .�," ;'�" �;�I . 2 �,�'� .,( . '!� ;,::i ,. ..`? , , , 'f:.�.::�' . �-�,�. . �� ' �. � , , ��+�c��,�3�r.�„�,�.�5�'^ ��s�� ;r�u��1�'+'�4 i,m�lc :. � w, d p '� �{'y'� ' Y tar�+`,��"!if . �.M�1a1�'�.�+}��k'�� ' ��K'�' s � .+� u,�t �.�+�> ��s ��c �,�5 �e ��1,��'� �' x� { `� j � �, nd:3ti `a Pk :�� a.�' ,�4^�`� 'n�; ��T �� th t.,�' $�R��s�� Yr� . � . k.lx''!�r . t -1� e i'r`y6,:��4ear ....,a�:.+i,.. f . e-._� f. �« . ,��t�,".... . ::�a�s_...:�: Y k" a....:� ..,'. . .:r . .',ru. �.1... � price per gallon charged to lessees and licensees is to be 170� of Company purchase price, FoB ��fuel farm," excluding taxes) ; j;_ payments hereunder shall be on a monthly basis; payments accruing �.,_ by sales in each calendar month hereunder shall be due and payable - on the 2oth day of the month following the calendar month of sale; j � ; payments due from each calendar month shall be delinquent if not ;,; t: - , paid by the last business day of the month following the month of ' � 5 ;; sale and shall be subject to interest as provided in paragraph 7, .� f•` . � below; arrearages in payments to Company from licensees and - 'q ' ,;� lessees shall not excuse the Company from payments to County � �.� hereunder; and �.�' , • � B. Sell fuel to the County for the term of this ' I ,?-� � ,`� Agreement for the use of County vehicles at the rate of zero ,L01,� 'y above the Company purchase price, FOS Company, exaluding taxes. ; . .� 4. Use of Site. � •;,� A. The County hereby grants to the Company the '' . � �''� privilege to occupy the site described above at all times, togeth- ��• ;I �. i .� er with the necessary right of ingress thereto and egress there- � � , �:� from, for the sole purpose of operating a non-exclusive concession � i'_: L,� ; far the providing of fuel only to Pitkin County and its Airport � '� lessees and licensees. The Company shall not dispense fuel from ;{ � ., :} this facility by any method other than sale (subject to paragraphs i 3. and 5.F. to a "qualified" lessee or licensee; prohibited I ' methods include, without limitation, gift or trade. The Company j p , quipment and su lies necessar to �;' � shall provide all ereonnel e pp y i � operate the ��fuel farm." The site shall be manned at the i ' discretion of the Company but shall be kept, raanned or unmanned, � in a clean, tidy and businesslike fashion. The Company further � ' — � agrees to use the premises hereinabove described for the stated ; purposes only, unless otherwise authorized in advance in writing • '�� by the Airport Manager. No display or device shall be installed ,`� upen the site which in any way obstructs the public view of or ;f access to other space. Further, the Company shall not commit or � permit any nuisance to arise from or related to its rights granted ty a' herein. .?R � :'d 3 '"i 7': �'s .�'.:^.:A� . . .:';�t^.��.�.... ' 'r°3_.�t � . :r»''�� , :.'�,��.'.`s . -+;;�. . . . Ji�, ^�i,,.. � ai�i}h-�Y.`v� iu�a'�}i,t' ,t�.:hsv��k,.Ce,m"�.� - . r .. . � . �+� �" y*''kirL.� 1 f��fh�yss�. 0.r4�3t�yr � y�'!i Y �'+� . ..,.,�'� 2- y�"`''Y�e'�'tZ{,�,' `��S _ �h�`��~��.',�� : ,�" ,-h��'�,{.. „.�$��j.f" �•' {i �� j�p '�rf �*,.. �a�� . . ._ ._�� .. .�. .. 8. There is further granted to the Company the right for itself, its employees, agents and invitees, to utilize i the public facilities with the non-exclusive (public) waiting and - concession areas of the Air Tertninal such as rest rooms, drinking �� fouz�tains and the like for the public purposes intended; PROVIDED, �. HOWEVER, there shall be no waiting, lounging, loitering, or �� i transaction of business by the Company's employees in such areas. ,. . . a - s� '+ C. No modifications or additions to the "fuel � farm" system or site shall be made without express prior written � approval of the county. ' . � � � p. The Company shall not interfere with (or permit . • G _ interference by its agents) the business or operations of any ',�i' other Airport lessee or licensee. � 5. Operation of the Combanv. � • 4. � A. In consideration of the right to use and occupy n the facility as provided in paraqraph 1 and 4 hereof� the Company . � � . . —j hereby agrees to abide by such reasonable rules and regulations jas shall be promulgated (and as may be amended) by the County for , � .. the use of Y_he Airport, and/or those relating specifically to use ��`�� 6 and operation of the "fuel farm." For purposes of this Agree- a; �� ment, the "Company" shall include all employees, subcontractors, i �, , agents and representatives. The Company agrees that all vehicles d • { used in its operations to and fram the Airport shall be clearly , E marked and identifiable as Company vehicles. '= , •� 3 B. The Company shall comply with the requirements �1 i � contained in the attached Exhibit "B" and such amendments thereto . as shall be made from time to time by the County in its reasonable � ' :a , discretion. C. The Company shall provide service for such �M � Airport lessees and licensees as are identified in writing by the - � County as "qualified purchasers" on whatever basis that the ; + Company, with the approval of the County, shall determine is ' � commercially reasonable (including, without limitation, a proce- dure for dealing with account arrearages and a procedure for accounting for and dealing with spillage and leakaqe and damage � 4 . � � � , ,;t:<;s x' , • : s�s:�r,. r�� . . P:c.�1; � G! ); f� p Y7��Z ,f� r'� / ,{�/'� gN�.��' �p��s1��c��4 'Vr�� R�3'T, �hEiNiv.L, �E'��#'��y�iSj �.,�� ;�4 . . '7'l+'+x�+Ji.O Ru�IT', .. � R �.:S. �'�� .�s: ��:� } �:1�j"sr�!j'�ia y�k��: . � ` t� �:�+ -� � c � �!�t, � .+ ��<�. . F �r�jxx �'g. .�� t 9�(� �f Sp[/.�{.7.�' �� --,��j.. �.� . t�y �g� 1 k : 5 .. .Ji h��:"^%+� . .v:�. ��:'.�. �i. _ .. . 1.-.. .. i .<. .�!_.+'t.A R :��041� u�_i .. . ' to the facility); provided, however, that within any class of lessees or permittees, all members shall be treated equally. D. The Company shall promulgate rules and regula- tions ''` F '! --^' (with the approval of the County) for use of facility by - ;.: . lessees and licensees. j i E. The Company shall cooperate to receive adequate ' training in the safe and efficient use of the facility by the i'�;. > • : ' manufacturer and constructor of the fuel farm system and shall provide adequate training in the safe and efficient use and ' � operation of the facility to lessees and licensees. � i F. The Company shall provide such security (in- ' � . � • �. .. cluding, without limitation, such inspections) as is necessary � y 1 for the facility. � : � ! G. The Company shall comply with all state require- ` ' i ments found in C.R.S. 1973, 8-20-101 et sea•, 8-20-201 et sea• ' � r and 8-20-301 et sea•, as amended or as such statutes may be from . ~� time to time amended. � F. Records Re orts Audits • , � The Company shall maintain comprehensive, up-to-date, ..I complete and accurate books of account and records from which, in Ithe discretion of the County, tha fees and charges set out in � i �j this Agreement can be determined and verified. These books of r ` 1 k..� . i account and records shall be maintained on a current basis and • � shall be stored in Pitkin County, Colorado, for a period of at •� 'I � least thirty-six (36) months after original entry. Such records ; � shall be consistently maintained to the end that a determination i; can be made according to standard and accepted aacounting and " i auditing practices concerning the amount of all fees, charges or ;i ,. ,_ ' credits paid or payable pursuant to this Agreement. Such records �t � ' ;� shall be maintained for the above-stated thirty-six (36) month , .� period despite the termination of the Agreement. Such books and '`� records shall be made available for inspection and audit by the 2 Airport Manager or his designee on 24-hours notice to the :� Company. The County shall hold all information obtained from any � such inspection in confidence, except as may be necessary to �'3 :�� 5 I-± :,-,;- . . .'�k�;:,;� �`�, . :3,�' �. �-��<�i,�. , , ' s�� , �'1�s ��i F Y�yt��Z.'"� '�+a4m�yj t3 �p r ,. � Y�t� ..,:I .F,,�"7 � i+�a^ i � Fr , F �' � y a , ,�,"��rt� � fiT , �� . ,.;�� .;�,� .f�.��° . ,.�;` �".� ;•._ •'��' , . �__,. ��,�3s��,j+ , ,. . : . _ . . . . .; �.. � , i enforce the County's rights, except with respect to tax ; ' proceedings, and except to any legal requirements. '.-,, In addition to the Company's obligation to produce ( ,v and maintain records, the Company shall be required to submit to �+�, ': , �..: :- the County written reports and a monthly tabulation of fuel I sales, as follows: ��' , �. r:; t A. Simultaneously with the payments hereunder required � � by paragraph 3.A., above, the Company shall submit to the County � by delivery to the office of the Airport Manager, the following '� records of the preceding month's activities: � . G (1) A report listing by date and purchaser each ' F ♦• ��+ separate fuel sale to the County and to indi- � � . � . � vidual lessees and licensees and the price � � charged per sale to the lessees and licensees; ;:: :� y (2) A report showing the monthly total of fuel ?:'� � . ,.:� deposited in the facility and the price paid by �r • 'y ��. ":� the Company for such fuel, all supported by �` adequate invoices, delivery manifests and S' ' f. ..E:.. � other records. �� ' � (3) Such other reports as are deemed necessary by �; � the County, in its discretion, to calculate and P� � verify fees and charqes hereunder, pursuan£ to ��;' a paragraphs 3. and S.F. - a � Said reports shall be signed and certified as correct �' '� � by an authorized representative of the Company. The reports !:; 4� shall be on a form provided by the County, similar to that "r . attached as Exhibit "C," and the County reserves the right to ask ;+3 . • � for such information, clarification or verification of any matter ' - � ""' � . contained thereon and the Company agrees to comply with such � requests. Such information shall be kept confidential for a �� period of three (3) months from the date of receipt and thereafter said information shall not be published alone by the County in conjunction with the name of the Coaipany or reference thereto but .? may be published only in gross; PROVIDED, that the foregoing � restriction shall not be construed to prohibit the use and *�� 6 ;�'1 �i �i�<.,,,. . =i'. . �� . . ;��''�,� . ' x �`. . , f ,, • �� ,� .R ,,�4r -�, �. }, �0 a'g"� � �,,,��Nr lyf(µ�'"�'�P�k'r�."�,5� �� *�� ;�.. tiFis�' �� . � .� y ` ....M �-' • � r��,�!� +3 f '�,�'��e.��k N��', "� �'�� . t��,s�'?��'� t ,.�s.... . .. ;k�. , ';�..-r-�.��. . ... , publication of such information combined in gross with similar statistics of all other commercial operators utilizing portions � i of the Airport for purposes of determining the legitimate planning � needs of Pitkin County after the expiration of three months from ._._' _- � �� the receipt thereof by the County. :,� � '� G. Utilities and Taxes � � -� The County shall supply, and assume the costs of, , :� i..'. �� mechanical snow removal (to as close to the facility structures s..� . � as practical) . The Company shall assume the cost of any and all �� electrical utility consumption. The County shall not supply heat ��, ` ; . -� to the premises or assume the costs thereof. If heat is to be � • ,:� used, the heating elements shall be installed and operated in ! ' �'� compliance with all applicable health and fire codes and at the � ._.� `=� sole expense of The Company. The Company shall pay any and all ;:j `I personal property taxes assessed on the premises except those , ::� attributable to improvements made by the County (which �cost the � ' ,: . " r'?-� County shall assume). The Company shall not cause or suffer any - ,,,.:;� claims of liens for unpaid utility charges to arise or accrue : , C i::� against the Premises in connection with its use or occupancy of �'�'� �,::� the Premises. . -� H. Complaint Resolution Procedure � '•�.:� The Company acknowledges that this Agreement involves a � (: . new facility and management process for the County and that the '.� County has an interest in resolving any complaints arising from '? 1 -.;�� the management operation and use of the facility. [ � Based on the foregoing, in the event that County shall : ' ! receive any complaint arising from The Company's operations, ' ' County shall immediately transmit such complaint to The Company ;=� - ':`i for resolution. Within five (5) business days of the receipt of �•, the complaint, The Company shall provide to the Airport Manager a �::F::: . . . . t:: written report of the complaint and its resolution or of The :,':�� Company's attempts at resolution. ' �:; Failure by The Company to reasonably resolve a great a�..;`•,�_ ;;�4,r� majority of any complaints to the satisfaction of the Airport .�,,N� i^ il ;:A.`i,:t �y^'� f 7 4:•11 '.�:.;:`�.� : ,i j..:.I - :.=-�.- . • <,, $ '�� , . �a; ' ,.�' ,;� ,i_ , . � . . 2,: �3. .,: r��Y Ti1�� ' '�'4 i t.t'A.,�+.'4:��" . . :� � E��s�.F ItSa.r�.f, - � ��fL ;J�a ^� j1�,, � , '+ � � i�� ,f t�r^r � '�'J�,::F'�-�v '�a. �� 4f S,Y�� L � � � I° e ��`' �;tp+`7'-�;!��t �S'�'z,n.£�'.•, � � � t� .:�t� y� ?T��' ♦.-_ .e......Y � ��...i_.�.. ._. . .. .:�"J�:.df�`�l3h�i'Lr'aa-:�� Manager, shall be grounds for termination or non-renewal of this Agreement. 6. Airoort Traffic Control. The County shall provide, i;:;.� and the Company shall comply with, ground transportation supervi- "'"` - sion to all vehicular traffic at the Ai ort durin f. � .5 �p g periods which 'r ' . ' it determines to be the peak airport operational hours during the �� +• normal Pitkin County tourist seasons. Such supervisors shall be -:�� the employees of the County but shall have the right to direct ��;.`~ ,�s� the officers, agents, drivers and employees of the Company. ��'� � �.�.'_'= ' `F 7. Place of Pavment. Payment of all fees hereunder ''� . : shall be made without notice at the office of the Pitkin County , L� Finance Officer, Pitkin County Courthouse, 506 East Main Street �. . ", ..j � � �. �' Aspen, Colorado, or at such other place in the County of Pitkin, � �? � as the County's Finance Officer may hereafter designate by notice :1 � . in writing to the Company, and shall be made in legal tender of ' ,{ the United States. Any checks given to the County shall be made ��. + c i, .. . "i payable to �'Pitkin County, Colorado'� and shall be received by it • : �.,� � subject to collection. Sums which remain unpaid to the County �`;' `� after the same shall become delinquent shall bear interest at the � ~t=`� ��. rate of two (2�) percent per month (or part of a month) from and � � after the due date thereof until paid in full. Checks to Pitkin ' � County that ara returned by the Bank for any reason, including :' � insufficient funds, will result in a $25.00 service charge for �'� j .. each return. � 8. Care of Area. � x - �.l . ,. The Company agrees to keep all areas occupied by it on the Airport in a neat, clean, safe, sanitary and orderly • condition at all times, and keep such areas free at all times of ":`�" � all paper, rubbish and debris; and will so use the premises as to __i •--• . not injure them, except for ordinary wear and tear resulting from i ` � lawful use in accordar,ce with the terms of this Agreement. I9. Maintenance. The Company shall provide general maintenance for the "fuel farm" site, as well as all access points from the Airport to the facility used by the Company. The Company shall be responsible primarily but jointly with otrier � 8 : a i 1 � � . __ _ � _ v,_ _ ,,_.�"-,�� . � :;t•� ��S�.�n� .. •l�'7`�=�.r � ,:'�,� y�_,i�,i_ , • ^ . F�� dr'��c�� ,��4`��%�12✓R r� �'a€+r-k F^ �+i+� ,- `? t �. , �y� � c t .a�'3,,�1�t,, !.r a�. s�,�,d? .a'f.�� r�`,��e'��k� �,`F1,�$ +� �- j�a�`` ��x ^�'��°��n°11,�i;i i ¢ '� �� ,j � � r,�7mi�.t..._..;� . � �y.�� ^�.�t.-��O'`.. '��:�� °. � � �'��-.:.s�'��. . ...��.Yti�..��..,._ . 'iF�'��.;��"��,..� users thereof for policing and cleanup of the "fuel farm" site area, and shall cooperate with the County in order to accommodate the efficient removal of snow therefrom. �=_: 10. Sians. The Company agrees that no signs or adver- t �r�� tising materials shall be painted on erected or �' '' � � , placed in any �. manner upon the premises or any other portions of the Airport i .i � : without the written approval of the Airport Manager. j:'' • ,; • -�; il. Removal of Equipment. All equipment and property � ;;��` � �.. .� placed by the Company at.its expense in, on or about the premises, '��` including all trade fixtures temporarily affixed to the realty N but which may be removed without damage thereto, shall remain the !•�'' . , `� � :. �� property of the Company, and the Company shall have the right at � any time during the term hereof, when not in default hereunder, 1 :-� �� . ;;� to remove all such e i ment � qu p , property and trade fixtures; i •. provided, however, that all property placed by the Company at its ..; expense in, on or about the premises and affixed to the realty so .'. � 1 that same cannot be removed without damage, shall become the ir-• - ±. , ~-,� �. � property of the County and shall not be removed by the Company at j; �� an time exce t that the Count reserves the ri ht to re '1 Y . P Y 9 quire � I i �� the Company to remove the same and restore the premises to the j •:� same condition as existed at the commencement of the term hereof, � ' � ordinary wear and tear, fire and other casualty excepted. �',. , � 12. Ricxht of Insbection. It is mutually agreed that � a .. the County's duly authorized representative(s) shall have at any i ` Y. E and all times the full and unrestricted right to enter the pre- � � ' 1 � mises for the purpose of inspecting or protecting such premises � � and of doing any and all things with reference thereto which the ' County is obligated to do as set forth herein or which may be , � deemed necessary for the proper general conduct and operation of . _ � •--• the Airport or in the County's police power. `� 13. Damaae to or destruction of premises. In the ; .� , � event the premises covered hereunder or any portion thereof shall , � be destroyed or damaged by fire or otherwise, to an extent which renders them inoperable, the County may rebuild or repair such destroyed or damaged portions and the obligation of the Company `� ;l 9 :i ='i fi "r u #�� -s� �i�� i t�.,p,,„, �;e ..,' ' ' p, : -H ; :�s�"�n y� r r� ,�r,(c�'i�� i�;'��. .. + � ...�j+��YF J�}t�t�� t+ �fr� Y 1 ` S� �'k �. �� i . �� },y��Y� � '�.A�_k �~� �'•.:. , ��.� � . .. �� ' ..� d��'�r�'�t�f�� s � ... . i��._..;�� .; � . � � . �ai�t„Y - _ �� E:_�. �.hk. . .. .,�r .,. .. , . y s.'_.� ;.} to pay the fees hereunder shall abate as to such damaged or destroyed portions during the time they shall be inoperable if no � k- ,. substitute temporary facilities are provided during such repair �,;y, `. s , and rebuilding. In the event the County shall elect not to � proceed with the rebuilding or repair of the major portion of the ' I.. :,; premises (if so destroyed or damaged), within a period of ninety � . ,�i �;. (90) days after the destruction or damage, the Company, may, at �_� �� 1 F.,.. . its option, cancel and terminate this Agreement. ' " � I_. � 14. Indemnitv and Insurance. ;°' = ^� A. As further consideration hereunder, the Company �: .� ' 4�: �� shall release, discharge, indemnify and hold harmless the County I , � of Pitkin and its officials, employees, agents and representatives =i �� from and against liability for any claim, demand, loss, damages, ; ',� penalty, judgment, expenses, costs (including costs of investiga- ;� �°. � �,� tion and defense) , fees (including reasonable attorney and expert ! , . ,) witness fees) or compensation in any form or kind whatsoever for �� r,. any bodily injury, death, personal injury or property damage '� arisinq out of or in connection with any negligent act, intention- . • � ;,j �i:,: -? al act, error or omission by the Company (including, by defini- �'j � tion, its officials, employees, agents and representatives) or �' for any resulting liabili�y alleged to accrue against the County ' „ on account of the Company's acts, errors or amissions: provided, i ` � however, that such indemnity shall not be oonstrued as an indem- • 7 f nity for bodily injury or property damage arising from the sole j� Y +1 i negligence or intentional acts of the County or its employees. !i . _ iB. The Company further shall investigate, process, I respond to, adjust, provide defense for and defend, pay or settle � � I all claims, demands, or lawsuits related hereto at its sole � expense and shall bear all other costs and expenses related < . .:. . __.� ""-' thereto, even if the claim, demand or lawsuit is groundless, . , false or fraudulent. � ! C. To fund this indemnity, the Company shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed '� in the State of Colorado, as will protect itself, the County i I , io � ' :.Y'1'.I , '=:r�:"" 'y��..� . 3��'r;;' , , , c: _ �'�g. .��y r �t`tr�, <� r . ' . . �" . ��Y'i �Vr4�'"n„'t`�'�^�,� ,yj i'4•. +� � 1!t: �j`"�'.'. . 5 f <�f{��IE Y p° . . 13./-'��•. 'y)y�^,".�' .-,�. �'�K ��y4(� `jY�'�S 1 ��.. ry � � . ��'..+.iJf . 3.L ..:� � �'� . .. (with the County as named insured) , and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Company's acts, errors or omissions. The minimum insurance requirements "� prescribed herein shall not be deemed to in any way limit the ^z� � �.. obligations of the Company hereunder. The following insurance ' �: coverage, at or above the limits indicated and including such ` �=+� . � '�` . . :'_� endorsements as are indicated by an "X", are required: !� '��'� (1) Statutory Worlaman's Compensation Colorado •`' statutorv minimums '�' ' (2) Comprehensive General Liability: � Bodily Injury/Each Person 500,000 /Eaoh Occurrence 1.000,000 • ' Property Damage/Each Accident 500.000 , /Aggregate 1;000.000 Endorsements (check as appropriate): � * x Comprehensive Form ;� . . x Premises/Operations x Underground, Explosion & Collapse Hazard ' x Products/Completed Operations x Broad Form Blanket Contractual f (Hold Harmless Coverage) _ , = x Independent Contractors _, ' '"� and Subcontractors � Broad Form Property Damage � • x Personal Injury, with Employment .. Exclusion Deleted � (3) Comprehensive Motor Vehicle Liability Insurance: :� Bodily Injury/Each Person 500.000 /Each Occurrence 1.000.000 Property Damage/Each Accident 500.000 �_ � /Aggregate 1.000,000 � � Endorsements (check as appropriate): � `:, x Any Auto i x All Owned Autos • I x Hired Autos � x Non-Owned Autos �! Garage Liability .�`. (4) Special Coverages (check as appropriate) : 1 i (1) Performance Bond and � Labor and Material ; Payment Bond �, (2) Professional Errors and Omissions ,. � Insurance: � Each Occurrence - -._.,a Aggregate �--� .' (3) Aircraft Liability (owned, non-owned . , and hired) (4) Ownar's Protective Liability Policy (5) Builder's Risk (6) Boiler and Machinery x (7) Loss of Use Insurance D. To provide evidence of the required insurance � coverages, copies of Certificatas of Insurance in a form accept- � 11 :] `i i il ___--- --_ � _ _---___ , ;';,�h�» . � ��' . ��;�' , � '�±;..;>�<'. , r� y- �-' �'s .r.S.{� .�':�"„i;y �y��j�. y�} 3��'.,„� »�.�� .� y�'`� "'F� � ��" � i �1��}��aert�.f� �4.�2� , Sx yy�,, n 1�� ,' ':'k�'. �i�� '�., 1`S!Cl O T {.�e.� �� 4( . 7}ue"'-CAi��'�iF,:,. � T .�; . ..i'��: . ��,�� 7�� 7 ,�,7"^... a!'�n i .+` �` � �( -a.��. 3.7� E,�=• able to the County shall be filed with the County {through the Airport Manager) no later than ten (10) caZendar days prior to commencement of operations hereunder affecting the County. In + ��::�;::� the event a binder is delivered, it shall be replaced within ,y; =�' , thirty (30) days (or sooner if the binder should expire sooner) � by a confoxming Certificate of Insurance. Failure to file or { maintain acceptable Certificates of Insurance with the County is � •. . �� agreed to be a material breach of any contract and grounds for �� rescission or termination. These Certificates of Insurance shall � contain a provision that coveraqe afforded under the policies � �y will not be cancelled or materially altered unless at least 1 , '� thirty (30) calendar days prior written notice sent by certified „ • i�' mail, return receipt requested, has been given to the County (through the Airport Manager). � ,. E. Ih addition, these Certificates of Insurance 4 ` shall contain the following clauses: � •� ia i s �+.� (1) Underwriters and insurers shall have no :�: , ' ..�'f �.,..' `'i.�"� ;j right of recovery or subrogation against the County of Pitkin, it �i ��,- �'� being the intention of the parties that the insurance policies so � . ' ; ,.�;. [_ effected shall protect both parties and be primary coverage for � any and all losses covered by the above-described insurance. + -.j (2) The clause "other insurance provisions,'� ! �` ,I in a policy in which the County of Pitkin is named as an insured, t-` 3 � shall not apply to the County of Pitkin. � (3) The insurance companies issuing the policy '' � f �� or policies shall have no recourse against the County of Pitkin ; 'i for payment of any premiums or for assessments under any form of �` � policy. ' 'i� e (4) Any and all deductibles in the above- '� � . :.. ' � described insurance policies shall be assumed by and be for the �.':`.. E:. : amount of, and at the sole risk of the Company. � (5j Location of operations shall be: '�a].1 ' operations and locations within Pitkin County and affecting Pitkin F`� County government.�� 1 �; �'%� �r'� 12 _ ;�� ''::Y �,,;!�'t f..:::'� �I�.�. ` _ `��;�,. � ' ?`: , , . a: F�w.. � � `t, . ; � �. , . ��.. ..A� �f��"'+$.'A" �� .rh„�f�e :�'��"� �::1 1��.+��.�:......._ .. . .:� �,f=�r:� {'� ��,� '�: �, �=;:h�:`,°. F. Certificates of Insurance for all renewal � policies shall be delivered to the Airport Manaqer at least ' fifteen (15) days prior to a policy's expiration date except for � any policy expiring on the expiration date of this Agreement or � iI _ thereafter. �' ;�:: ; I:� ` . ' 15. Patents and Trademarks. The Company represents �� ` ' ; that it is the owner of or fully authorized to use any ar►d all � • � services, processes, machines, articles, marks, names or slogans N�� = f..:i.• ;•; � to be used by it in its operations under or in anywise connected a � with this Agreement. The Company agrees to save and hold the � Couaty, its officers, employees, agents and representatives, free � �'� , � and harntless of and from any loss, liability, expense, suit or , . � claim for damages in connection with any actual or alleged in- �" :F fringement of any patent, trademark or copyright arising from any � :� .' '� alleged or actual unfair competition or other similar claim ,j ��. ,� arising out of the operations of the Company under or ih anywise connected with this Agreement. r , ~;;� 16. Master Plan (Airport and Transit)/Rates and ;;' - i. Charaes. Company acknowledges that the County is planning the �'� construction and operation of a public mass transit/ground-trans- ! �:. � . �%, � portation system, which may restrict or prohibit private vehicular °'i access to the Airport, and the reconstruction of the entrance/- " � frontage road/traffic circulation system and the Company hereby i'• releases the County and waives any claim for damages arising �' I therefrom. The County agrees that it shall make reasonable ! -- •� efforts to plan and shall construct such a system to avoid un- i � . � reasonable restriction upon the access to the demised premises i�: i for such vehicles as are necessarily incident to the use of the � ;:`� Company. - �� Company further acknowledges that the Couttty is � ,:�., . _..i � " presently conducting a rates and charges analysis and has made no ':'� representation to Company regarding rates, fees, rents, charges ' ��'� or corapensation to County in any form whatsoever after the expira- eF ;.; tion of the term of this Agreement, r,.; ';:; i'?:+ ,'_^� �',;,� 13 t ,'`<i: r,,I �.:,.. ,_._. . ,•..�.„.,J- i ' '�� . r�' '��W . , � s�� `��h .« .�,�,f#� 1r� `�'ftFf .��.��"�i g 4 s�c ) + b;.s,l,J�. ` 'Ry�� " f�C4S,S +� 71�x -�S w.7'�C t�,�')��1�.,taP�"3l � � M ��' + ^�' s-„�S'It'��,.r�T�;k�^. ..'1„ .� '�� . ��': (�.�y!.�ds �,�t'y,� s�'.{'�ik... � ::h?�. �( F . . �i�i�_.3tr�;r.t"'�.[ .. . 17. Third Parties. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third � party or parties (excepting parties to whom the Company may !;:;. assign this Agreement in accordance with paragraph 24 hereof, and ..�. -- �;� . excepting any successor to the County) any ,right to claim damages � � or to bring any suit, action or other proceeding against either .g the County or the Company because of any breach hereof or because :`� of any of the terms, covenants, agreements and conditions herein `.� contained. �� ' . - 18. Taxes, Comoensation Insurance and Licenses. The :;� !.� . Company agrees to pay promptly all taxes, excises, license fees ;9 and permit fees of whatever nature, applicable to its operation at • � i. .=;,� the Airport, and to take out and keep current all licenses (local, ! '� ,;,_� state or federal) required for the conduct of its business ; '::_{ hereunder, and further agrees not to permit any of said taxes, - excises or license fees to become delinquent. The Company also r , ,�� agrees not to permit any mechanic�s or materialman's or any other • �- '� lien or claim to become attached or be foreclosed upon the • ;..� ' . ' "'� property herein above described, or any part or parcel thereof, ••i::-• k.�- by reason of any work or labor performed or materials furnished by any mechanic or materialman. The Company further agrees to • i ;:� furnish the County upon request, duplicate receipts of other S satisfactory evidence showing the prompt payment by it of social � 2 • � security, unemployment compensation and Workmen's Compensation _ . ' Insurance, all required licenses and all taxes. The Company i 1 1 further agrees to pay promptly when due all bills, debts and 1 'I obligations incurred by it in connection with its operation of . i ' said business at said Airport, and not to permit the same to ibecome delinquent, and to suffer no lien, mortgage, judgment, " ' i execution or adjudication in bankruptcy which will in any way i'::� impair the rights of the County under this Agreement. 19. ComAliance With All Laws and Reaulations. The Company agrees not to use or permit the premises to be used for ��y any purpose prohibited by the laws of the United States or the State of Colorado or the Ordinances or the Resolutions of the 1�[ �,�'s� 14 ��'� jC �'i „ :; . . ;;`�,=�; ., .�'� ” ��;a��?� . � at . �y. � . ;° r 'K'� `�'t.+y�4�F�t},�•��' �iorriy_ y �.,,F•�3t ,y �,r . � � �,f� �� '�i�tt�y,,•��`?.�,�1� �5] 1y,�t'7�� "ix1 ��G^�j'i'.::. A �m-�R�,�,u�.k �` �i . � ;�'�R�';r �`�{�`. . �•'�� ' � "Es. -��"° �` `a�,'i�,r "�� +r a{.�...':��'�� `�� a� .�'":i .- "�`� �� . �� ' . i°.�'�,�4 s ,. ��,'6 R r tr; `"i � ' •yr...„��,�s e• County of Pitkin, and it further agrees that it will use the premises herein described in accordance with all general or i i specific rules and regulations adopted by the County for the �_,. government and operation of the Airport, either promulgated by s �_. �. the County on its own initiative or by or in compliance with j. ., � =' regulations or actions of any state or federal agency authorized ..;� J ';� to regulate the activity permitted herein, including, without �`� limitation, the federal Environmental Protection Agency, the � State Department of Health, the State Inspector of Oils and the ;� County's insurers. The Company further agrees to submit any relevant report or reports or information regarding its operations �',. � `�� that the Airport Manager may request. •� � ,�� This Agreement is intended to be in satisfaation of ' ` � and com 1 with the re `�;� p y quirements for written permission found in :_; �, � Section 2-6, Title IV, Pitkin County Code (Airport Regulations); and the "Minimum Specifications'� for fuel operators, promulgated ? '�-`�! by the Airport Manager. r � ,.-•;-� ' "� 20. Non-exclusive. The Company acknowledges that this ;:::� . • �>? Agreement is non-exclusive and that the County has the riqht to .. `.;��' grant such other licenses, franchises, leases, concessions and/or permits as it deems, in the exercise of its discretion, are • �`� necessary or desireable to the efficient or economical operations � ';i ..,; � k:'� . � of the Airport. , i21. Cancellation and Termination/Expiration. <: � � A. The County may cancel and terminate this Agree- `1 4'. . � ment and may repossess the premises, with or without process of �! 'i � law, without liability for trespass, in the event of any default 1 of the Company as to the terms, covenants or conditions of said � i �.� Agreement, upon giving ten (10) days' written notice (or a lesser • � . period of time, but not less than two (2) business days, upon :�� non-payment of rent or fees, upon failure to provide or maintain '� required insurance coverages or when, because of the hazardous nature of the default, sooner remedial steps, in the reasonable �� discretion of the County, shall be required) to the Company of '-'`� its intention to so terminate, at the end oP which time all the i.� z�� 'y'} 15 .:_`�1 ;�� ;.. , �,r,Ff....`t ' " ��.�� . -I.'''^-.. . �� • ' tl ; ;7�� " �y,�,, r. t " �„`k"'C3 i°��' } �, a� �.`�4��r�„li`�c �_ . -. . � R°��°h'fl, , r �� E.� st f'�¢4'�y� �F't0i�11 1 �.ti &�� '� ��.,�si Gqf�, ';(„ .r, i�a � �fi t. ��. i-i,��,.}.y��s*�ar�� '� . ��- �- � ,�fi: ,.��,�, try�'a r,t�. p A;1 r ,`t� f ., ye�4 v .a. _:.1'�� li'�a� ,:JCR;J.. 3f'c�K-4�....,.'��i`.. �'��{��"'�a� .�y'c..sS�riwoy + : _. rights hereunder of the Company shall terminate, unless the � default, which shall have been stated in such notice, shall have been cured within such ten (10) days; provided, however, the Company will be allowed only two (2) notices of default which it '�-` may cure within the time specified in this paragraph during the �` terra of this Agreement. The third such notice shall give the � County, acting by and through its Airport Manager the right to � 3 forthwith cancel and terminate this Agreemer►t and all the rights � g �; hereunder of the Company. - ; B. Surrender of Premises. The Company covenants • i . . i that at the expiration of the term hereof or at the earlier , � ' . i termination hereof, it will quit and surrender all such premises :� •• i in qood state and condition, reasonable wear and tear and Acts of ' � God excepted and The Company shall at its expense forthwith • � i' j remove therefrom all equipment and personal property belonging to � it, subject to paragraph 11, above. The County shall have the r right on such termination, to enter upoa and take possession of � . �i � ( such premises, without further process o£ law and without ��'� - � , .. � liability for trespass or damaqes arising from such re-entry and Sre-possession. , Should the Company hold over the use of or continue to � • � occupy any such premises with the consent of the County after the c [. expiration, termination or cancellation hereof, such holding over shall be deemed merely a tenancy from month to month upon a , __ monthly rental and .fees in an amount equal to the monthly rental e:l� 1 and fees above specified and under the same terms and conditions as otherwise herein provided. � If The Company should abandon the Premises and/or any personal property or equipment the County, after proper notice of ..... termination hereunder, shall take title to all abandoned property with no comgensation therefor to The Company. • 22. Notices. All notices required to be given to the County hereunder shall be given by certified mail, addressed to the Airport Manager, 506 East Main Street, Aspen, Colorado, with a copy to the Soard of County commissioners of Pitkin County, 16 �. _ _ _ _ _ __ r ,;''��<;;.% � :�� .. k�,..y: �i�=�� k �r . �y. . .. . . a,�, .$�'�kf 4`v� «'��."�',i�r,.rt.5iy 4��" v _-t i A [ S�. , ��.k��-�&t✓�.+��' � ,k Y�L�`�., l�b�". ��..� � �� iS� �f�.�,,,��, t2aa�l�� x141�,r F lS��yl'�y� . � 'ta;7'."Fx`�7�. ��;,�� .,��`,.�P,,' �.�-�jdai. � .��i t,y,. ""� .2rs` f .�j.+ � ,.'��,, .;V t�. � 'S*r . - .FuS`��=��1 . �', ':s �2�s1 F . y Colorado, 506 East Main Street, Aspen, Colorado, 81611; all � notices required to be given to the Company hereunder shall be ! t sent by certified mail, addressed to Fattor Petroleum Co.. P.O. � � :i - Box 848, Glenwood Sbrinas, Colorado 81602 provided, �; , � however, that� either party hereto may designate in writing from 4. _� time to time the addresses of substitute or supplementary persons c i: within the State of Colorado to receive such notices. The effec- tive date of service of any such notice shall be the date such � "�� notice is mailed or hand-delivered to the Company or mailed or �� "-g hand-delivered to said Manager. 23. Waivers. No waiver of default by the County of . . �` any of the terms, covenants or conditions hereof to be performed, " ;;;� ..y:,� kept and observed by the Company shall be construed as or operate `f� as a waiver by the County of any subsequent default of any of the , � terms, covenants or conditions herein contained to be performed, _.� kept and observed by the Company. r ;`j . �`�� 24. Assianment. The Company covenants and agrees not ' � . � ,�.ti -'�`'1 to assign, sublet, pledge or transfer its rights in this Agree- ' `'� ment, in whole or in part, nor grant any license or concession • �:>,=:� hereunder, without first obtaining the written consent of the • ?� County. A transfer of more than fifty percent (50�) of the ;" issued and outstanding capital stock of the Company, whether by a � single transaction or in the aggregate, shall be construed to be '' :� .. i� a transPer or assignment requiring the consent hereunder. � �: i 25. Aareement Subordinate to Aareements With United i; . � States. This Agreement is subject and subordinate to the terms, ri reservations, restrictions and conditions of any existing or • . _, ' future agreement between the County and the united States, rela- ,i + - � tive to the operation or maintenance of the Airport, the execution � i. . , of which has been or ma be re ired as a condition � ' :� y qu precedent to 1� the expenditure of federal funds for the development of the ;:�'� Airport. ;:.�! ;':� 26. Aareement Bindina. This Agreement shall be binding �� on and extend to the successors and assigns of the respective �'�, parties hereto. ;Y`j ?y>I 17 ..-„d °:i`t :.'� :"i ,.p�y"' .. . . :,j�� ;,`'+ . . ti'�`�� , 'n,'-. -. , , � �' � ,; t y�� 4 S�j �4ttfi�'�'�`�r,�t„ �+.`�4. "��'iw ra �y� C'a��r+'erY.t��fj��c 7'.. �~�! Svt\bia, ^S�' � �.y6`i'4 , ��' `}� � �t� ��-t��yd � �s �:.�"�^� M f� Y.14 ��. �� ..'�5��t��➢?Li�.eiY'�...�:� .Yt1i�.��K.�i?�� iitl� �.�,� a r�.��'��.$x s��.t M , ' � y: 27. Paraaranh Headinas. The paragraph headings con- tained herein are for convenience in re�erence only and are not intended to define or limit the scope of any provisions of this Agreement. 28. Aareement Made in Colorado. This Agreement shall � '�'�:'`� �, be deemed to have been made in, and construed in accordance with (- ' t: the laws of, the State of Colozado, and venue is agreed to be i� �=: • exclusively within the Courts of Pitkin County, Colorado. ��',`;:•. � • ' t � 29. Manaaer's Authorized Re�resantative. Wherever ,f. reference is made herein to the "Airport Manager or his authorized ' representative," or ivords of similar import are used, the Board of Pitkin County Commissioners shall be such until written notice ' � , otherwise is hereafter given to the Company. � . 30. No Discrimination. The Company, for itself, its successors and assigns, as a .part of the consideration hereof, ,�' �;' does hereby covenant and agree that in the event facilities are � �;. . , � constructed, maintained, or otherwise operated on the property ''" � . ti -� covered hereby for a purpose for which a Department of `�:� �:�• Transportation program or activity .is extended or for another , • purpose involving the provision of a similar service ar benefit, � ~f � •+j the Compaay shall maintain and operate such facilities and services in compliance with all other requirements imposed � pursuant to Title 49, Code of Federal Regulations, Department of � Transportation, Subtitle A, Office of the Secretary, Part 21, : Nondiscrimination in Federally-assisted programs of the Department .,;1 � of Transportation-EPfectuation of Title VI of the Civil Rights '�•�; Act of 1964, and as said regulations may be amended. In addition, , the Company agrees to comply with the letter and spirit of the '� Colorado Antidiscrimination Act of 1957, C.R.S. 24-34-401 et - •--- _' secr•, as amended. That in the event of breach of any oE the above nondiscrimination covenants, which breach shall not be . , immediately cured, the County shall have the right to terminate � the Agreement and to reenter and repossess the premises covered '� hereby and the facilities therein and thereon, ahd hold the same � as if said Agreement had never been made or issued. The right of � �j 18 ;.i . � .� �, ;, ;� ,, - . -�.f,.�c;t�;� • . . :, f`�:i+..�.. i� ; . . �i;'� ' ��i. . .. � �.• a` 2 . . ��n' � .,�. �'4i1��,�� {' �'*� � s"S�i`¢nr�4i'YK r ' � ,�Ma ek � _ 1 a � �f xn +1.�*��S{� p. � '- ,� ti,��q.� �r's, e �t ''7� �"`� �t i�6�.� � t ��.� `� 'r�` Sa r�� f �b �i��,�� i �s �i�,�b 4� ti kr� ..f�'�.�5 r�� r ' q eM � F '�,d�j��+ k: �.:`� (�,��`y�.� �,_,. , .. ae.� ��_'r' "'$' ,i, .._,n�»� ...�d�'��'.. � . • 1 . . . . � ' termination contained in this paragraph shall be in addition to thosa contained in paragraph 21 hereof and may be exercised I',� separately therefrom without written notice. � ,'" �� • 31. Illegal Acts. The parties hereto aver that they � are familiar with the Pitkin County Procurement Code, C.R.S. 18- ! 8-301 � sea• (Bribery and Corrupt Influences) and C.R.S. 18-8- r '.� i;: ' '� 401 et sea. (Abuse of Public Office), and that no violation of ;``` � such provisions is present. J:. � 32. Conflict of Interest. The parties aver that to thair knowledge, no County employee has any personal or beneficial interest in this contract. ,�•.,, • ,� 33. Attorney's Fees. If legal action is necessary to F. enforce any of the provisions of this Agreement, the prevailing ' � party shall be entitled to its attorney�s fees, plus costs, including expert witness fees. ,. :;.. � 34. Reauired Clauses. This Agreement is expressly _, • . �- subject to the County�s "Required Clauses" for contracts, even as the same may from time to time be amended during the term of this � ' Agreement. � 35. Waiver of Presumntion. This Agreement was negoti- � ated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on ` c ; "1 any alleged unequal status of the parties in the negotiation, i-� review or drafting of this Agreement ' ;i�. 36. Integration and Modification. This Contract �� . ;' • _ � constitutes the full and complete agreement of the parties and - ;�� supercedes or incorporates any prior written and oral agreements ._.,"' of the parties. In addition, the Company understands that no County official or employee, other than the Board . of County � ' Commissioners acting as a body at a Board meeting, has authority to enter into a contract or to modify the terms of this contract on behalf of the County. Any such contract or modification to this contract must be in writing and be executed by the parties hereto. 19 .::�:_ � � . ,_ .., ., ;�;�. ' ' .. . , _z:.�� "u'��.. �L " }� , TiY.'. �y`'''J:'. ��.Y 4�a . ;�, 37. Authorized Representative. The undersigned repre- � . sentative of the Company, as an inducement to the County to - execute this Agreement, represents that he/she is an authorized , . 1 { representative of the Company for the purposes of executing this � . f`::•. : Agreement and that he/she has full and complete authority to � enter into this Agreement for the terms and conditions specified ~-`-� herein. � ` .. � IN WITNESS WHEREOF, the parties hereto have caused this i 3t .§ 9...; i instrument to be executed as of the day and year first above • •"�" • ..� �-�`� . written. • }'. BOARD OF COUNTY COMMISSIONERS ��:^' ' a ATTEST: OF PITKIN COUNTY, COLORAAO Kt a. I �..: , " - � ��v� By: '• ' Fte K> anderud, { ' ' Chai woma � ,�� .; ;� RECOMt�NDED FOR APPROVAL: S',: �" r - �' ;� Dick Arnold '' " Airport Manager �'' '`� , ..: -. ,� t i,%; � �" Bruce Vandergaw � -: Director of Fleet Maintenance r - F . �� APPROVED AS TO FORM: � .', �' . `4 • k �. � ' i Ga a � -✓) As ist t ounty Attorney h1': > � ; �_ S3 �� , �.. ' � ,J Tom Oken �:�':.` Finance Director R. : -_ � � . � e k �r ..�... t� }. f 'k � 20 � .'fe �� A , ,�! .�' 3�.y!4 f,� { ,{'`Yy" tqr ' � , ��,qt,2�. . . • ' .. �ri �.a fi`T iy'~��a ,�° r � '�� " �� L`';�x � . t . ..i . :-.a:l�,` . . ��:._ '`;��. � _ :_.... . . My `,' •# � FATTOR PfiTROLEUM CO. ;''� i � j ATTEST: By: . President �+3� Secretary ,.y � `, �` � STATE OF C07ARAD0) `". +-'•. , � ) ss. �"',' •', " COUNTY OF PITKIN ) �•^� � �-.+-';.. Subscribed and sworn to before me this day of : 19 , by p:�;'._;� � � Chairman of tha Board of County Commissioners of Pitkin County, �r.;'; •` Colorado. �., ' a � � � Notary Public > � My commission expires: ` � �.. �� STATE OF COLORADO) � � ) ss. • '. � COUNTY OF PITKIN ) , � Subscribed and sworn to before me this day of �r��: ` ~� � 19_, by � � ,.,tk.: ��1 President of and " _ , its secretary. ' �. ..}, � � . Notary Public My commission expires: '', . �; �i�, � � � .Y � � , � .. _ _ � � .._.... f �.,. f. � . ? ! k i ZZ i �;� ;j 7 � � �n � �� : � :�,:. . .�� . . �� p i�;' . � . .; �, . �{'. � �.,(. . f y ��'�. + j .'.:1' �'� �� '�44"�',�?( � +,t�t��?'�$�'�'q�� I •� �{;� '' � .,yik� �'r.��Ch t �{. a�� '�ty, �' s .� ss�. .i s G �N��a�7k 9. C�� . : � J - �'�,�}�� , � ' ..s'' � • ' .Y�� . c..,. �� . �� '.��` �'.[.. . �,� ' , ... .� .... ff�r.. 1.�.,. _':. . . : �� . i � pitkin county ` 506 east ma�n street aspen, colorado 61611 -a-y M B M 0 R A N D U M T0: Spero Nic�rhos FROM: 8ruce A. VandPrg:�w, Fteet M�nngement ?�� . DATS: Decembar 11, l�R� . i ' SUBJ: :1.irport Fuel Concession Contrxct Requiremeents '=i-. " As prFViausly discussed, the folluwing requirements are a � condition of the County Fleet Maneigcment's pnrticipation :�s a customer at subject facility: . PRODUCT GUALITY: The product supplied shall meet :�ll Federal, ( . . • State end Local requirements for quality and purity for no-lead „ fuel and shall be of 85 octane rating, minimum, (motar method) s' using no alchohol derivative enhancers. All fuel dispensed shall � ; be free of water and other impurities. ! _ � SAMPLING RBQUIRfiMENTS: The Contractor shall supply product � ' samples, using County specified sampling procedures, to verify � ' the product quality requirements specified ebove �t any time per � �� the County's request. The County may submit these samples to a __�rz ` ' testing lahoratory of its choice for analysis. The County shall ?;y<__. i bear the cost of analysis for all samples meeting the County's � ' � specifications and the Contractor shall hear the analysis cost of �' . ';�.;:. all those samples which do ❑ot. The County, at its sole reason- j ' able discretian, muy tnkA any action it deems necessary to insure � that ade uate roduct � � q p quality is provided, including cancelling j:: `� - � this contrnct for cause. upon 30 d�ys written notice if chronic , i product quality problems persist. • �L � �.. LEAK DETECTION & INVENTORY CONTROL: Thr. Contrector shull comply with all Federal, State, and Local requirements pertaining to , .�. " lelk detection and inventury control applicable to underEround storage tanks, including appropriate record keeping procedures. i'�'" All inventary control records shall be made lvailnhle fnr ;t� . inspection by the County or other Requlatory Agencies upon request. Inve.ntory control procedures shall includa, .�t a �'' � " minimum, but shall not be limited to: �• o Daily physic�l mensurement and reaording of tnnk '?� quantiCies. (Approved colibrated dipstick readings or y, :� appruved tank levr.l indicntor re:�dings,j I=. . F' - o Physical tauk Level maasurement hefore nnd after e:ich Uulk fui�l dulivery to verify qu;�ntity rnr.r.ived. (in ii''� the event that the difference betwern physical measure- ments before and efter delivery vari.es hy morc thnn :iY �; . : � Nith the metered delivery qua�tity pruviJed by Lhe , delivering vrnd<�r, Lha differ�:nc:er in the Gr.fore .�ncl '` , aftcr physical measurements shnll Gr, used as "quontity recc:ivrd" foc inventory control purposc•s). - ' EXNt�tT ,.�� C a�� - : C�'��!` � :..�. � ,��Y��!. . � ' 4� . � �;;i:r`' , . . � p' ''f'- �ul,`,- . � a� 7f � � 4.� n r 7.�3^ .��.• ° "�!� . . . i �� ' t � l"�',)ASS� r, b.< i F �` f 1��: � � ..1tfm....._.Y '�t a�� at! bi3 j�� . � .. . . � ... . . . L� � :.��.��.. � , o Daily reconciliation of fuel transactiaas shall be � '• performed by the Contractor and recorded in a log book, �`;;�.. . using the Cotlowing format: Beginniog tnventory � _ (previous stick reading) plus Total Receipts minus � total Issues = Ending Inventory. Whe.never thc dnily K' "ending inventory" as calculated above varies with the �� cnncurrent physical measurement by more than 3%, The � contractor sha21 conduct an immediate investigation �� into the: cause for the disparity and if such disparity , ,..� caonot be pusitively reconciled to causes other than �": tank or plumbing lenkage, the Airport Munnger shall be � " , notified in writing within �4 hours of the dake/time of detection. I�:' ''; o De2iver � i.��`' y pumps shall be ca2ibrated for accuracy at �:,..; • `'t least annually, and as often as reaso�ably required by !` '" ' the County when there are suspected inaccuracies in +�'� �. � ,;.,�� delivery quantities. i� . 's � � �..•. ."� The Contractor shall expend whatever reasonable effort necessary �'�., ta prevent and/or detect leaks in the underground tanks and � `;' associated plumbing and delivery systems and to prevent fue2 t � 'n spills. All such leaks or spills shall be reported immediately f ' to the Airport Manager. The Contractor shall be financially ; responsible for the cleanup and repair of any such leaks or [• � . �'.}� spills attributable to his negligence. � ', TRANSACTION REPORTING FOR COUNTY VfiHICLSS: The Contractor shall I. � ��=''� Provide a daily listing of transactions, in vehicle/equipment + . % "''�-� number sequence, sorted to include oniy County vehicles/equipment �, ''� and miscellaneous charges to the Pitkin County Department of ��•, � Fleet Manegement Offices on the working day immediately succeed- ;�_;� ing the date of the transactions involved in the listing. The . , '�:.�� daily transaction report shall be suhtotale<! for tr�+nsaction ; ' 4��, E'"` quantites by vehicle and totaled for quantity of total issues for Y: the Department. The format of the daily transaction report shnll � be clearly legible and "user friendly" for computer data input � ^-,-.� purposes and shell include vertical columns with concise headers jy for each of the following transaetion data elements for each � transaction: +'i o Date/time oY transaction. �; "z� o County vehicle/equipment/miscellaneous charge number. f . ',� o County operator/employee number. f I o Fuel Gallons delivered. (Callons and tenths) ` o Vehicle e ui ment 'i � / 4 p primary oclometer/hourr�eter rending. _'� XC: Dick Arnold ;.,.� Jim Adamski John Bldert . ' ':�� Bud Eylar �' Jack Gredig ;. Don Davis � , -- :� Bob Cox • � �, .�._ ;:,� _ ';.: �`=%�! ;;>i::. _ , ... . . . .. • i. . t�� '_�� . "i.?�� . . � � ... d,. �'ri,i�`'. . mr �"i;; �,'� ��.3.-. �S'.i':" r��i��Y,•� . i ��.:.•'.:��