HomeMy WebLinkAboutbocc.con.036.1997 ,. .._� ._ ..
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CONTRACT :�y��';:�' ,
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This Contract,made this ��day of�199�by and between the State of Coloredo ��r�'
q� for �se a�d benefit of the Department of Transporiatiun, Aeroneutical Board 1"Board"), by the
Division of Aeronautics("Division'I, 56 invemess Drive East, Englewood, Colorado 80112-5174, ,��� .
+ herein referred to as 'the State", and the Pitkin County, an operator that provides a public �� �
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i' accessible avlation service in Coloredo,herein referred to as"the Grantee".
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. . WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated, and = �,:
otherwise made available, and a sufficient unencumbered balance thereof remains available for ��� `
�E` payment in Fund Number 180,Appropriation Code 033,Contreci Encumbrance Number 760 HAA
ii, 009Q 033 5000 OU57 5720 1 N,Grant 8udget Line No.4027,FEIN#8460d0794C; er
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WHEREAS, the State`is autho�ized to implement and administer the state aviation systam grant r''�
� progrem ('grant program")and to provide grents to entities operating public accessiWe airpotts in , '•p
Colorado,in accordance with the provisions of C.R.S.43-10.108; ,�ii
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WHEREAS,the grant program must be used solely for aviation purposes,as defined in C.R.S.43- !�
' 10-102131: �
WHEREAS, the Board and the Division have developed the Colorado Aviation System Grant
- � Program/Project Management Manual, Revised July 1, 1996 ("Project Manuai"i, which contains
policies,procedures and requirements to administer the grant program;
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. .�_ WHEREAS,the Board and the Division have established criteria to evaluate grant applications and
to distribute grant program funds;
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` FM WHEREAS,the Grantee has submitted a grant Application (Attachment A)to use grant program �
funds solely for the aviation purposes specificaliy described in the Scope of Work(Attachment B),
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and the Division has determined that the Appticatio�meets the grant criteria;
• '"' WHEREAS, the Division has determined that the activhies proposed in the Application are solely
for eviation purposes, are cansistent with the State Aviation Systems Plan, and support and �'
�� improve the State Aviation System; �
ia. �
WHEREAS, the Grantee has the administrative and technical ability to properly complete the �
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,' objectives and activities described in Attachments A and B, and the Grentee desires to agree to •
_, perform such activities in accordance with the Co�tract budget IAttachment C);
WHEREAS, the Division has determined that no Stata Agency can reasonahly conduct the ;� -
activities and provide ihe services described in the Application;
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WHEREAS, this Contract is executed by the State under authority of C.R.S. 29-1-203, 43-1a , _
103(2), 43-14108.5, 43-10-11013),as amended,and the attached Board resolution (Attachment � �-
_ - D),and ls executed by the Grentee under autho�ity of C.R.S.43-10-108.5(21,and pursuant to the „, I
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attached �esoluiio� (Attachment &) executed by the duly authwized governing body of the ''� .
Grantee; ;
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WHEREAS,the Grantee warrants it has taken all necessary steps to ensure the individual sign(ng .
the Contract tor the Grantee has been delegated such authority by the governing body of the ,:�,`
Grantee. ,
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NOW,THEREFORE,it is hereby agreed as follows: '
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1. Attachments A through F are incorporated herein as ierms and conditions of this Contract. �
All policies,procedures,and requirements concerning the grant program that are described in the ;-,�'
�a Project Manual,Revised July 1, 1996, as appiicabfe to the Grantee are also incoryorated herein as
terms and conditions of this Contract. The Grentee shall compfy with all s�ch terms and
� conditions.
� �" 2. If a conflict occurs between the terms and conditions of Attachments A through F or of the
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� ; !-, Prbject Manual, and the terms and conditions of this Contract proper,then the following priority
-= '' ' shail be used to resolve such confiict:
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� � A. First,the Attachment F"Special Provisions"and this Contact proper;then, �
� ; � � 8. Attachment B;then,
C. Attachment C;then,
� ~ D. The Project Manual;then,
f ` `-� E. Attachment A;then,
' F. Attachment D;the�,
� ' G. Attachment E;then,
-- H. Attachment F.
� 3. The Grentee shalt saNsfactorily perform and complete the activhies and services described in f;
Attachment A and detailed in Attachment B(collectively referred to as'the work"1,in accordance r
; j with the terms and conditions of the Contract.
- 4. The Grantee shall submit periodic and final reports to the State concerning the performance
of the work,in accordance with the procedures and requirements described idthe Project Manual,
' ! Revised July 7, 1996,a�d the reporting criteria described in Attachment B.
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� ^' 5. The Grantee shail comply with the budget for the work, as described in Attachment C. The
r ' Grantee shall be solely responsible for all costs of the work incurred in excess of the budget or
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- - � ; � � incurred prior to the effective date of the Contract.
F � , 6. The estimated totai costs of the work are not to exceed 38370.Od. Subject to the
� 4 ;'j conditions of the Contract,the State and Grantee shall participate in providing this estimated total
;,� cost amount as foilows: �
� �--� A. Maximum State Amount: S 30695.00
B. Grantee Local Match Amount: S 7675.00
-' C. Other Amount(si(fede�al,private,etc.): 8 0_00
- Total Program Costs: S 38370.00
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The maximum State share amouni of the Contract shall be comprised entirely and exclusively of - .
moneys from the C.R.S. 43-t0-fQ9, Aviation Fund made available by the 8oard to the grant
� program. The Stete share of the a�tuat costs incurred by the Grantee for the pertormance of the .`i,,
work shall not exceed the maximum amount described above, without the benefit of a written
Suppleme�tal Contract executed by the State prior to the performance of additionai activities or " . ''.
� the incurring of additional costs. �
If the actual costs incurred for the work are tess than the estimated total progrem costs then the t
�y State's maximum share of such costs shall be reduced proportionatety, uniess a prior written =';�y, �.
i� Supplemental Contrac2 has been executed by the State which reduces the required Grentee share
or increases the State share. The Grantee may increase the Grantee share af the costs of the `:r �'
work without further State approval, provided that any such increase shall not result in any
�� increase of tfie State share.
� . ..
7. The Stete shali reimburse the Grantee for the satisfactory performance and completion of the
�" work only in accordance wiih the reimbu�semern method(s),provisions,and procedures described
I r in Section II (9) and (71)of the Project Manuat, Revised July 1, 1996. The method nf payment
� � wiit depend on the type of the work performed under the gra�t, and the State will decide which
� 1 �— partieutar method of payment described in the Project Manual will be used for the work. `
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� � � 8. The Grantee shatl make a complete fite of al! records, commu�ications, and other written t
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,... materials that pertain to the performance of the work under this Contract including, without �,
limitation,all cost records, The Grantee shall meintain such fife for a period of not less than three �r
'' 13} years after the date of termination of this Contract, or for such longer period as may be �`
_ � � necessery to resolve any maiters that may be pending. �
i The Grantee shali permit the State to audit and/or inspect its records for the work during the term
. of this Contract end for a period of not less than three(3i Years fotlowing the termination of this
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.
j —� The Grantee shail also comply wkh tha specific accounting, �ecord keeping, audit, and capital
� � equipment requirements and procedures,as described in Section II of the ProjeCt Manual.
; ._ 9. The term of this Contract shall commence on the date this Contract is approved in writing by
' the State Controtler or designee ("the effective date"), as evidenced by the date indicated in
j �" paragraph 1 of Pege 1 of this document, and shaU terminate on Ju�e 30, 1996 uniess otherwise
� , terminated as provided herein. The State may extend the effective dates for performance of the
� contrect by issuance of an Contract Option prior to the state expiration date. 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.
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� 10. The Grantee shall not execute any subcontract for the performance of the work under this
: � Contract without the prior written approval of the Director of ihe Division, or designee, prior to •
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such execution.
, , The Grentee shall ensure that all subcontracts contain express provisions requiring the
subcontractor to make and maintain all records concerning the cost(s) and performance of the
'— work and to allow the State ta inspect,examine,and audit such recwds, in accordance witn the �' `
procedures descrihed above and in the Project Manuai. Ati subcontracts must comply with the
requirements described in Section II(14)of the Project Manuai,Revised July t, 1986. { "
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The Grantee shall not assign the Contract without the prior written epproval of the State. Any `':
assignment without such approval shall be void.
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11. CONTRACT TERMINATION � ,
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� (a) Termination for Cause.
� If,for any cause,the Grentee shall fait to fulfifl in a timely and proper manner its obligations under
�, this Contract,or if the Grantee shall violate any of the covenants, agreements, or stipulations of �
this Contrect, the State shall thereupon have the right to terminate the Contract for cause by `:r.�'
r� giving written notice to the Grantee ot such Yermination and specifying the effective date thereof, , .
at Ieast thirty(30)days before the effective date of such termination. In that event,all finished or .
� � unfinished documents, data, studies, surveys,drawings, maps, models, photographs, equipment,
etc.,and reports or other material prepared by the Grantee under this Contract shall,at the option '
!'' of the State,become its property,and the Grantee shall be entitled to received just and equitable �
�_'.. . ;
i r compensation tar any satisfactory work completed nn the activities or functions of this Contract. �
` ��� Notwithstanding the abave, 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 by the Grantee, and the
} � State may withhoid any payments to the Grentee for the purpose of offset until such time as the �
exact amount of damages due the State from the Grantee is determined. �
' (b) Termination for Convenience. �
' ! The State may terminate this Cont�act at any time the State determines the purposes of the
� distribution of moneys under the agreement would no longer 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 che effective e
E date of such termination.
`j — 12. The Grantee shafl perFOrm its duties under the Contract as a Granteelndependent contractor
� and not as an empioyee of the State. Neither the Grantee nor any agent, emptoyee,
- !', � subcantrector,or servant of the Grantee shell 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 �
� .r agreements, settlements, liability, or understanding except as expressly set forth herein. The
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j: ' Grantee shall be responsible to the State for the uiNmete results of the performance required
,; hereunder but shall not be subject to the direction and co�trol of the State as to the means and �
� � methods of accomplishing the results. The specification in this Contract of panicuiar performance
� �-� standards the State deems essential to proper performance and Contract value shall in no eveni '
� ' be deemed to alter this relationship. The Grentee shail pay when due ali required employment '
� "
f . taxes and income taxes withholding, including federal and State income tax on any moneys paid
� ,., pursuant to this Grant Contrect. The Grantee shall provide and keep in force worker's
compensation(and show proof of such insurancel and unemployment compensatian insurance in
' � � the amounts required by law, and shall be solely responsible for the acts of the Contract, its .
� employees and agents. The Grantee atknowledges that the Grantee and its employees are not
�" entitled io the benefits of worker's compensation insurance or unemplayment insurance unless Lhe i
, Grentee or a third party provides such coverage and that the State does not pay for or otherwise
provide such coverage.
� Grantee shail be solely and entirely responsible for its acts or omissions and the acts or omissions
of its agents, employees, subcontractors, and servants. Grantee shaN pay when due all �' -
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employmeni taxes and income tax withholding and shall provide and keep in force worker's i 1
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, compensation land show proof of such insurance)and unemployment compensation insurance,to ;,.l:,
the extent required by law for the work. ��"
� 13. To the extent this Contract may be executed and performance of the obligatians of the �;�
parties may be accomplished within the intent of the Contract, the terms of this Contract are
� serveable, and should any term or provision hereof 6e declared invalid or become inoperative for � ' �.�,�
any reason, such invalidity or failure shall not affect the valedity of any other term or provision. . .
The waiver of any breach of a term shalt not be construed as a waiver of any other term.
� 74. This Contract is intended as the complete integration of ali understendings between the
parties. No prior or contemporaneous addition, deletion, ar other amendment hereto shall have
� any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, '7•�`'
renewal, addition, deletion, or other amendment hereto shall have any force and effect unless
embodied in a written contract executed and approved pursuant to State Fiscal Rules. �
"' i 5. The grantee/local entity shall keep the airport facility accessible to,and open to,the public
I e during the entire useful life of the grant funded improvements/equipment. The Division has
_ determined that the useful life of the grant funded improvements/eqaipment is three f3�years. f
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t � a) If Lhe g�anteellocal entiry ceases operation or closes the airporc, or otherwise feils to -
� � � maintain the airport facility accessible to and open to the pubiic during that entire useful life,then
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E .... the grantee/local entity shalt reimburse the Division for the entire value of any unexpired useful life
of the improvements/equipment, or a pro-rata basis, no[ later that 30 calendar days after that E
" cessation/closure. .f
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_ j b) If the grantee/local entity ceases operation or closes the airport, or otherwise fails to
- maintain the sirport faci(ity accessibfe to aed open to the public du�ing that entire useful life, but
i does not compiy with subparagraph (a) 8bove, then the Oivision has the right to enter upon the
. airport property and remove such improvementS/equipment(if practicable)from the airpart facility
for use elsewhere fw aviation pu�poses. In that event the Division will own such z
- E 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.
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c) The Division has no obligation to take the action described in subparagraph(bi above,
' . but it may do so at its sole opiion and in its exclusive discretion. If the Division elects not to take
p� � such aCtion,it may stiil pursue all available legal remedies.
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?. ; � 76. The Grantee shal!submit to the State with the executed Contract a resolution(Attachment '
; �y E)that has been duly adapted by the goveming board of the Grantee. �
} � ' That resolution must expressly: �
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� A. designate a particular individual as the"Project Director"for the Grantee's performance
of the work;
� 8. authorize the Project�irector to take ait steps and perform all necessary functions in .
� connection with the work,as described in the Project Manual; ;
. C. authorize the signatory named below to execute the Contract on behalf of the Grantee; �
D. indicate that the Grantee has taken w will take all necessary actions to appropriate or
— otherwise make availabte aN funds that the Grantee is required to provide tnr the work t
under the Contract,if any;and �. °
E. accept and approve all terms and conditions of the Contract. -
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_ IN WITNESS WNEREOF,tha parties hereto have caused the foregoing Contract to be executed by •" '"
their duy authorized officers the day and year first above written. '
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STATE OF COLORADO � � 3
ROY ROMER,GOVERNOR '��'�:+_
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ATTEST � ^�'-��3U �--w � G�� `
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DEPARTMENT OF TRANSPORTATION ,Y:`J-��
" Division of Aeronautics <+'.:�•:'.
- ���N'�'� y ��� ��7�� Division Director �',:`",:::.
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. ', � FUNDING APPROVAL: �
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�j CLIFFORD W.HALL
t j�; State Controlter
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APPUCANT NOTICE AND COMMITNfENT
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� The purpose of the Colorado Discretionary Aviation Grant progrem is to support and improve tbe ;..;,��
state aviation system by providing grants, io be used solely for aviation purposes, to entities i•`, - :•
operating airports thet are accessible to and open to the public. � - ` J"��
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� That pu�pose is not served if an airport receives a grant but then ceases operation or otherwise %
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closes to the public before the expiration of the useful tife of any improvements made, or t'� ":,`
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faciikies/equipmertt purchased with the grent. in thet event, the grant is not being used for ;;;-.•r
� aviation purposes,at an eirport that is open to the public,as required by law. '`' '
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� Therefore.this is to NOTiFY each airport-operating entity that applies for and accepts a grant that '
f it thereby makes a COMMITMENT a)to keep the airport facitity accessible to, end open to, the
�� pubiic during the entire useful life of the grant funded improvements/equipment;or b)to reimburse
the Division for any unexpired useful life of the+mprovements/equipment,on a pro-rata basis.
�=r ? � By signing this applicetion,the applicant commits to keep open end accessible for public use ali j7� _
grent funded facilitles, improvements and services for their useful Iife, es determined by the „
i t� Division end stated in the Grant Contraet ot Award. '
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By signing this epplicatio�, the applicant also a�rms that it wiN endeavor to promulgate the k-
� e�actment of local ordinenees, regulations and restrictions to provide land-nse protectEon of its
� ' � airport as e designated area ot state interest,as provided in C.R.S.24-6b.1-202(41 and(4)(a)end �'
- ! `" 2465.1-204I31.
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