HomeMy WebLinkAboutbocc.res.051.2005 RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO
ACCEPTING ASSISTANCE FROM THE
COLORADO DEPARTMENT OF TRANSPORTATION
COLORADO AERONAUTICS DIVISION
IN THE FORM OF A DISCRETIONARY AVIATION SYSTEM GRANT
Resolution # Off[ -, Series of 2005
RECITALS
WHEREAS:
l. 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 medical or other type of emergency...."
2. The Act created the Colorado Aeronautical Board ("the Board") to establish policies and plans for the
growth and development of aviation in the state, and to establish procedures for the administration and distribution
of moneys credited to 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.
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 admiinstrative support 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 grant 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 grant 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 Applicant 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.
6. The Division is authorized to assist only those public-accessible airports or entities operating such
airports that request assistance by means ora resolution passed by the governing board of the airport or entity and
forwarded to the Division. See, C.R.S. 43-10-103(5) of the Act.
7. The Applicant understands that if it is awarded a grant by the State, any disbursement of grant funds to
the~Appl{cant shall be cohtingent upon the'p?,'0r receipt by the State of a resolution that has been adopted by the
duly alatho'hzed go~vCrning body of the~AppliCan~ arid that expressly satisfies certain grant procedures and
requirements, as described below.
8. The Applicant desires to request such grant assistance by means of a resolution passed by Applicant's
duly authorized governing board, in order to comply with C.R.S. 43-10-103(5) of the Act and to satisfy certain
grant procedures and requirements. The Applicant intends that the resolution:
a) designate the individual authorized by the Applicant to execute the application on its behalf and
to act in ali related matters as the Applicant's Project Director to the project proposed in the Application,
as described in the Division's Grant Program Project Management Manual ("the Manual"); and
b) commit the Applicant to comply with all terms and conditions of the application and all
guidelines, policies, procedures, and requirements described in the Manual if a grant for the project is
awarded to the Applicant by the Board; and
c) obligate the Applicant to appropriate or otherwise make available in a timely manner sufficient
funds, if any, that are required from the Applicant for the application project.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO THAT:
Section 1: Pitkin County, as the duly authorized governing body of the grant Applicant, hereby formally
accepts assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state
aviation system grant. Pitkin County states that such grant shall be used solely for aviation purposes, as
determined by the State, and as generally described in the Application.
Section 2: Pitkin County, hereby designates Rex Tippetts, Assistant Director of Aviation, 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 Application in its behalf, including execution of the grant contract.
Section 3: Pitkin County has appropriated or will appropriate or otherwise make available in a timely
manner all funds, if any, that are required to be provided by the Applicant under the terms and conditions of the
grant Contract.
Section 4: Pitkin County hereby accepts all guidelines, procedures, standards, and requirements described
in the Manual as applicable to the performance of the grant work and hereby approves the grant contract submitted
by the State, including all terms and conditions contained therein.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE REGULAR MEET1NG ON THE
13TH DAY OF APRIL, 2005.
NOTICE OF PUBLIC HEARING PUBLISHED 1N THE ASPEN TIMES WEEKEND EDITION ON THE 16TH
DAY OF APRIL, 2005.
APPROVE~I~AND,A~OPTED AFTER SECOND READING AND PUBLIC HEARING ON THE ~
DAY OF ( ~ ,2005.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKEND EDITION ON THE
OF ~ ~- .... 2005.
ST:
Je¢~te J~nes //- '
De~6ty Clerk and R~corder
Date
DAY
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
Patti-Kay C1 ~ ! Date
Chairperson
APPROVED AS TO FORM:
County Attorney
MANAGER APPROVAL:
C: u na~YtyF~_ t ,l~a~nhae~eSr m it h, Date
RECOMMENDED FOR APPROVAL:
James ~3~,'A.A.E., Date
Director of Aviation
Tom Oken, Date
Treasurer and Chief Financial Officer
DEPARTMENT OF TRANSPORTATION
Division of Aeronautics
5126 Front Rmage Parkway
Watklns, CO 80137
(303) 261-4 418 FAX (303-261-9608
Mr. Rex Tippetts, Project Director
Aspen-Pitkin County Airport
0233 Airport Road East - Suite A
Aspen, CO 81611
STATE OF COLORADO
May 26, 2005
RE: Notice-to-Proceed - CDAG No: 05-27-14/13
Dear Mr. Tippetts:
The Colorado Aeronautical Board is pleased to announce that final execution of the CONTRACT
between the CDOT-Division of Aeronautics/ Colorado Aeronautical Board and Pitkin County to
participate in local match for federally-funded airport improvements at ~J~,en-Pitkin County
Airport has been performed. With this, the CDOT~Division of Aeronautics hereby issues the
.Notice-to-Proceed for expenditure of Colorado Discretionary Aviation Grant (CDAG) funds as
specified in the GRANT CONTRACT with the Aspen-Pitkin County Airport effective May 23,
2005.
The Aspen-Pitkin County Airport is responsible for the following _C. olorado Discretionary
Aviation Grant program compliance measures:
X
Notify Division of availability and issuance of federal or other primary funding.
Submit project specifications to Division for review and approval (maintenance projects
only).
X
X
X
__ Submit results of competitive bidding process to Division for approval (pavement
maintenance project only). Division response (Letter of B/d Comp//ance) should precede
initiation of funded activity. (Maintenance projects only).
Provide Division with completed Capital Equipment Record (form attached).
· Submit Quarterly Progress Reports (forms attached).
Submit Aviation Claim for Costs Incurred (forms attached).
Certification of satisfactory project completion (format attached).
Verify compliance with applicable federal regulations.
The Colorado Aeronautical Board appreciates the opportunity to work with the Airport to meet
its needs and those of the aviation community.
Please feel free to contact me at the Division (303) 261-4498 with any questions regarding this
notice or reimbursement(s) for expenditures.
Sincerely,
Caro-F61tne Scott, Grants Administrator
CDOT-Aeronautics Division
Attachments
CC: Colorado Aeronautical Board
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Division of fieronautics
5126 Front Range Parkway
Watkins, CO 80137
(303) 261-4418 FAX (303) 261-9608
TO:
FROM:
SUB J:
DATE:
Dave Ulane
Caroline Scott
Replacement contracts for
2005 Colorado Discretionary Aviation Grant Program
May 13, 2005
Attached are the replacement contracts we talked about earlier this afternoon.
Each requires approval by the County - then signed and returned to me for CDOT
funding authorization. I've marked places needing signatures.
As you may know, this grant offer needs to be finalized before the end of the state
fiscal year 2005, which is June 30th. Whatever you can do to "urge" the
commissioners to complete their approval will really assist me in getting the funding
in place before we run out of time.
Any question - please give me a ring at 303-261-4498.
CDOT-Aeronautics Division
HAV
Contract Routing No.
COLORADO DEPARTMENT OF TRANSPORTATION
Colorado Aeronautical Board
GRANT AGREEMENT
This Grant A ee '~ "1' c4
· gr ment, made this f~-~ day of //~x.,J 200~, by and
between the State of Colorado fo; the us---~ an--~l benefit ~f the D~artment o~--
Transportation-Aeronautics Division, hereinafter referred to as ("the Division" or "the
tate ) and P~tk~n County hereinafter referred to as ( the Grantee or the Contractor").
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated or
otherwise been made available and a sufficient uncommitted balance thereof remains in
the Aviation Fund for encumbering and subsequent payment of the Agreement under
Grant Budget Line 4275 in Fund Number 160, Appropriation Code 033 and
Organization Code 0092. Fiscal coding: 160 HAA 0092 033 5000 0057 5120 1 N(Grant
Agreement Encumbrance Amount $250,000.00.).
WHEREAS, required approval, clearance and coordination has been accomplished from
the Colorado Aeronautical Board, which is authorized to administer the state aviation
system grant program ("grant program") solely for aviation purposes.
NOW, THEREFORE, it is hereby agreed that
Scope of Work:
participate in local match for federally-funded airport improvements
Grant Budget
State: $250,000.00 Locall $660,526.00
Federal: $11,800,000.00
3. In consideration of the obligation Pitkin County, the Grantee, upon performance
in accordance with defined work scope, shall be reimbursed incrementally the amount of
$250,000.00 proportionable to the State's share of participation upon satisfactory
completion of performance. The liability of the State under this Agreement for any
payments is limited to the amount encumbered pursuant to the budget set forth herein.
4. The Grantee shall provide "matching funds" as shown above, in the amount of
$660,526.00. The governing body of the Grantee shall execute and provide to the State a
resolution or other document as appropriate, which: obligates the full amount of the local
share of the funds required by this Agreement, and which also authorizes a specific
individual to execute the Agreement and bind the Grantee to its terms. The resolution
hereby incorporated and attached as Exhibit A.
5. This Grant Agreement is effective upon approval by the State Controller or
designee. The term shall continue through June 30, 2008. (Not to exceed five years).
6. Availability of Funds. Payment pursuant to this Grant Agreement is subject to
and contingent upon the continuing availability of funds for the purposes hereof. If any
of said funds become unavailable, as determined by the Division, either party may
immediately terminate or seek to amend this Grant Agreement.
7. Record Keeping Requirements. The Grantee shall maintain a complete file of all
records, documents, communications and other materials which pertain to the Grant
Agreement for a period of three (3) years from the date of the final payment under this
Agreement or the termination of the Agreement, whichever is later, or for such further
period as may be necessary to resolve any matters which may be pending. All such
records, documents, communications and other materials shall be the property of the
State, and shall be maintained by the Grantee in a central location and the Grantee shall
be the custodian on behalf of the State.
8 The Grantee shall permit the Division, the federal govemment or any other duly
authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy or
otherwise transcribe the Grantee's records during the term of this Agreement or final
payment period of three (3) years following termination of this Agreement or final
payment hereunder, whichever is later. The Grantee shall also permit these same
described entities to monitor all activities conducted by the Grantee pursuant to the terms
of this Agreement.
9. No employee, officer or agent of the Grantee shall participate in the selection, or
in the award or administration Of a contract or subcontract supported by Federal funds if a
conflict of interest, real or apparent, would be involved. Such a conflict would arise
when:
a) the Employee, officer or agent;
b) any member of the employee's immediate family;
c) the employee's partner; or
d) an organization which employs, or is about to employ, any of the
above, has a financial or other interest in the firm selected for award.
The antee s officers, employees or agent will neither solicit not
Gr '
accept gratuities, favors or anything of monetary value from
contractors, potential contractors or parties to subagreements.
10. Except as other provided, the duties and obligations of the Grantee shall not be
assigned, delegated, or subcontacted without the express prior written consent of this
Division. Any subgrantees or subcontractors will be subject to the requirements of the
Agreement.
11. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement and all rights of action relating to such enforcement, shall
be strictly reserved to the Division and the named Grantee. Nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any third
person. It is the express intention of the Division and the Grantee that any such person or
entity, other than the Division or the Grantee, receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
12. For the purpose of this Agreement, the person named below is designated the
representative of the Grantee. All notices required to be given by the Division shall be
given in writing to the representative named below. The Grantee may designate in
writing a new or substitute representative:
Project Director (print) "~-~-~'fl~-}
Signature
13. Any failure of either party to performance in accordance with the terms of this
Agreement shall constitute a breach of the Agreement. Any dispute concerning the
performance of the Agreement which cannot be resolved at a divisional level shail be
referred to superior departmental management staffdesignated by the Division and the
Grantee.
Any of the parties to this Agreement shall have the right to terminate this Agreement by
giving the other party a thirty (30) day written notice. If notice is given, the Agreement
shall terminate at the end of Thirty (30) days, and the liabilities of the parties hereunder
for further performance of the terms of this Agreement shall thereupon cease.
q
SPECIAL PROVISIONS
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or
such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obligations oftbe State of Col6rado payable after thc current ftsca year are contingent upon funds for
that purpose being appropriated, budgeted, and otherw se made available.
3. INDEMNIFICATION.
To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and
all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of
any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms
of this contract.
No term or condition of this contract sha be construed or interpreted as a waiver, exnress or implied of any of
the immunities, rights, benefits, protection, or other provisions for the parties, of tff~ Colorado Governmental
Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U S C 2671 et se as a licabl
now or hereafter amended. - · · q. pp e, as
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE COHTRACTOR SILALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR AF~ AGENT OR EMPLOYEE OF THE CO~CTOR SHALL BE OR SRALL BE
DEEME~ TO BE AN AGENT OR EMPLO'~EE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALI. REQUIRF~
E/v~LOYMENT TAXES AND 131COME TAX AND LOCAL F1UaAD TAX OFI ANY MONI~S PA~ ny TH~ STATE PURSUAHT TO THIS
CONTRACT. CONTRACTOR ACK~IOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYI~S ARE NOT ENTITLED TO
UNEMPLOY34ENT INSURANCE BENEFITS WNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND
THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO
AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO AHY AGREI~MENTS, LIABILITY, OR LrNDERSTANDIlqG
EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SI4-~LL PROVIDE AND KEEp IN FORCE WORKERS'
COMPENSATION (AI~D PROVIDE PROOF OF SUCH INSURANCE WI~N REQUESTED BY
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.
.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be app ied in the
!nterpretafton, execution, and enforcement of this contract. Any prov sion of this contra~ whether or not
incorporated herein by reference, wh ch provides for arbitration by any extra-judicial body or person or which is
otherwise in conflict with said laws, ru es, and regulations shall be considered null and void. Nothing contained in
any provision incorporated here n by reference wh ch purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of eom lamt
defense .or otherwi?e. Any provision rendered nu l and vo,d by the operation of this rovision wm not ~ P '
the remamdar of th~s contract to the extent that the contract is capable of execution. P nvahdate
At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal
and state laws, roles, and regulations that have been or may bereagter be established.
7. Software Piracy Prohibition Governor's Executive Order
No State or other public funds payable under this Contract shall be used for the acquisition, operation or
maintenance of computer soft. ware in violation of United States copyright laws or applicable licensing restrictions.
The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place
appropriate systems and controls to prevent such improper use of peblic funds, lftbe State determines that the
Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under
this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with
United States copyright laws or applicable licensing restrictions.
8.EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or
beneficial interest whatsoever in the service or property described herein.
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
GRANTEE:
Pitkin County
FEIN N~46000794
STATE OF COLORADO
Aeron~utic~ Divisioh-Director
Department of Transportation
(Plac~ t~re, ~f avmlable.)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROIJ
CRS 24-30-202 requires that the State Controller approve all state conWa~s and agreements. The
agreement is not valid until the State Controller, or such assistant as he may delegate, has signed it. The
contractor is not authorized to begin performance until the agreement is signed and date below. If
performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods
and/or services provided.
S/T'/A~.CONTROLLER /
5
//
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO
ACCEPTING ASSISTANCE FROM THE
COLORADO DEPARTMENT OF TRANSPORTATION
COLORADO AERONAUTICS DIVISION
IN THE FORM OF A DISCRETIONARY AVIATION SYSTEM GRANT
Resolution # _ , Series of 2005
RECITALS
WHEREAS:
1. The General Assembly of the State of Colorado declared in Title 43 oft. he Colorado Revised Statutes,
Article 10, 1991 ("the Act") i - - ,, ·
n C.R.S. 43 10 101 ...that there crests 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 ora medical or other type of emergancy...."
2. The Act created the Colorado Aeronautical Board ("the Board") to establish policies and tdans for the
growth and developmant of aviation in the state, and to establish procedures for the administration~a~d distribution
of moneys credited to the aviation fund to be used solely for aviation purposes at public-accessible ahports,
including procedures for the state aviation system grant program. SEE, C.R.S. 43-10-105 of the Act.
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 administrative support 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 grant 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 grant to be used solely for aviation purposes. SEE, C.R.S. 43-10-102(3) and 43-10q08.5(2) of the Act.
5. The Applicant 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.
6. The Division is authorized to assist only those public-accessible airports or entities operating such
airports that request assistance by means ora resolution passed by the governing board of the airport or entity and
forwarded to the Division. See, C.R.S. 43-10-103(5) of the Act.
7. The Applicant understands that if it is awarded a grant by the State, any disbursement of grant funds to
the Applicant shall be contingent upon the prior receipt by the State ora resolution that has been adopted by the
duly.anthorized governing body of the Applicant and that expressly satisfies certain grant procedures and
reqmrements, as described below.
8. The Applicant desires to request such grant assistance by means ora resolution passed by Applicant's
duly authorized governing board, in order to comply with C.R.S. 43-10-103(5) of the Act and to satisfy certain
grant procedures and requirements. The Applicant intends that the resolution:
a) designate the individual authorized by the Applicant to execute the application on its behalf and
to act in all related mattem as the Applicant's Project Director to the project proposed in the Application,
as described in the Division's Grant Program Project Management Manual ("the Manual"); and
b) commit the Applicant to comply with all terms and conditions of the application and all
guidelines, policies, procedures, and requirements described in the Manual ifa grant for the project is
awarded to the Applicant by the Board; and
c) obligate the Applicant to appropriate or otherwise make available in a timely manner sufficient
funds, if any, that are required from the Applicant for the application project.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONEKS OF PITKIN
COUNTY, COLORADO THAT:
Section 1: Pitkin County, as the duly authorized governing body of the grant Applicant, hereby formally
accepts assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state
aviation system grant. Pitkin County states that such grant shall be used solely for aviation purposes, as
determined by the State, and as generally described in the Application.
Section 2: Pitkin County, hereby designates Jim Elwood, Director of Aviation or Rex TippeRs, Assistant
Director of Aviation, as the Project Director, as described in the Manual, and authorized the Project Director(s) to
act in all matters relating to the work project proposed in the Application in its behalf, including execution of the
grant contract.
Section 3: Pitkin County has appropriated or will appropriate or otherwise make available in a timely
manner all funds, if any, that are required to be provided by the Applicant under the terms and conditions of the
grant Contract.
Section 4: Pitkin County hereby accepts all guidelines, procedures, standards, and requirements described
in the Manual as applicable to the performance of the grant work and hereby approves the grant contract submitted
by the State, including all terms and conditions contained therein.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING ON THE
27TH DAY OF APRIL, 2005.
NOTICE OF PUBLIC
DAY OF APRIL, 2005.HEARING PUBLISHED IN THE ASPEN TIMES WEEKEND EDITION ON THE 30TH
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON TH~ I Ith DAY OF
May, 2005.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKEND EDITION ON THE 14t~ DAY OF
MAY, 2005.
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
APPROVED AS TO FORM:
County Attorney
MANAGER APPROVAL:
· ary Ftl~t}her Smith, Date
County/vhfnager
RECOMMTENDED FOR APPROVAL:
Director of Aviation
Tom Oken, Date
Treasurer and Chief Financial Officer