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HomeMy WebLinkAboutC19-093 Colorado Department of Transportation - Aeronautical Board - NOT FULLY EXECUTEDCDOT Aeronautics Division CDAG #: 19-EGE-01 ROUTING #: 19-HAV-ZH-00100 PO #:471001389 GRANT AWARD LETTER SUMMARY OF GRANT AWARD TERMS AND CONDITIONS State Agency Grant Amount Colorado Department of Transportation, Colorado Aeronautical Board, Division of Aeronautics State: $500,000.00 Grantee Eagle County Grant Issuance Date The Effective Date Grant Expiration Date Local Watch Amount June 30 2022 Local: $55,556.00 Grant Authority Authority to enter into this Grant exists in CRS §43-10-108.5 and funds have been budgeted, appropriated and otherwise made available pursuant to CRS §§39-27-112(2)(b), 43-10- 109, 43-10-102 and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance, and coordination have been accomplished from and with appropriate agencies. Grant Purpose Element A: Runway and Taxiway Pavement Maintenance Exhibits and Order of Precedence The following Exhibits and attachments are included with this Grant: 1. Exhibit A, Discretionary Aviation Grant Application 2. Exhibit B, Resolution 3. Exhibit C, Grant Assurances 4. Exhibit D, Sample Option Letter In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Provisions of the main body of the Grant 2. Exhibit A, Discretionary Aviation Grant Application 3. Exhibit B, Resolution 4. Exhibit C, Grant Assurances 5. Exhibit D, Sample Option Letter Contract Number. 19-HAV-ZH-00100 Page I of 11 Version 0219 C19-093 CDOT Aeronautics Division CDAG M 19-EGE-01 ROUTING #: 19-HAV-ZH-00100 PO #:471001389 SIGNATURE PAGE THE SIGNATORIES LISTED BELOW AUTHORIZE TIIIS GRANT Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this Agreement and to bind the GRANTEE Eagle County 4 r D� Qg6",<- Mea 64,014 By: Print Name & Title f of 7rson Signing for Grantee Date: � 114/1 SECOND GRANTEE — If Needed By: Print Name & Title of Person Signing for Grantee Date: his or her STATE OF COLORADO Jared S. Polis, Governor Department of Transportation By: David R. Ulane, Aeronautics Division Director for Shoshana M. Lew, Executive Director Date: In accordance with §2430-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Department of Transportation Lil ya Gershman, Accounting Controller Effective Date: Contract Number. 19-HAV-ZH-00100 Page 2 of 11 version 0219 MOT Aeronautics Division CDAG M 19-EGE-0I ROUTING #: 19-I AV-ZH-00100 PO #: 471001389 GRANT As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter (the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter (the "Grantee') an award of Grant Funds in the amounts shown on the first page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. TERM A. Initial Grant Term and Extension The Parties' respective performances under this Grant Award Letter shall commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter by providing written notice to the Grantee in a form substantially equivalent to Exhibit D. B. Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, the Colorado Aeronautical Board or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee that includes, to the extent practicable, the public interest justification for the termination. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Award Letter that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Grant Award Letter that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee's obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Grant Award Letter by the State for breach by Grantee. 3. PURPOSE The General Assembly of the State of Colorado declared in Title 43 of the Colorado Revised Statutes, Article 10, 1991 in CRS §43-10-101 (the Act) "... 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..." The Act created the Colorado Aeronautical Board ("the Board') to establish policy and procedures for distribution of monies in the Aviation Fund and created the Division of Aeronautics ("the Division") to carry out the directives of the Board, including technical and Contract Number..19-HAV-ZH-00100 Page 3 of 11 Version 0219 CDOT Aeronautics Division CDAG #: 19-EGE-01 ROUTING #: 19 -HAV -LH -00100 PO #:471001389 planning assistance to airports and the administration of the state aviation system grant program. SEE CRS §43-10-103 and C.R.S. §43-10-105 and CRS §43-10-108.5 of the Act. Any entity operating a public -accessible airport in the state may file an application for and be recipient of a grant to be used solely for aviation purposes. The Division is authorized to assist such airports as request assistance by means of a Resolution passed by the applicant's duly - authorized governing body, which understands that all funds shall be used exclusively for aviation purposes and that it will comply with all grant procedures, grant assurances and requirements as defined in the Division's Programs and Procedures Manual, ("the Manual") and the Airport Sponsor Assurances for Colorado Discretionary Aviation Grant Funding attached hereto as Exhibit C. 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. "Budget" means the budget for the Work described in Exhibit A. B. `Business Day" means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. C. "CJI" means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-72-302 C.R.S. D. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. E. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of this Grant F. "Extension Term" means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter G. "Goods" means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. H. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. I. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter. J. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this Grant Award Letter. K. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this Grant Award Letter. L. "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. Contract Number. 19-HAV-ZH-00100 Page 4 of 11 version 0219 CDOT Aeronautics Division CDAG #: 19-EGE-01 ROUTING #: 19-HAV-ZH-00100 PO #: 471001389 M. "Initial Term" means the time period between the Grant Issuance Date and the Grant Expiration Date. N. "Manual" means the Programs and Procedures Manual as approved by the Colorado Aeronautical board that is available on the Colorado Division of Aeronautics' website. O. "Matching Funds" means the funds provided Grantee as a match required to receive the Grant Funds. P. "Party" means the State or Grantee, and "Parties" means both the State and Grantee. Q. "PII" means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101 C.R.S. R. "Services" means the services to be performed by Grantee as set forth in this Grant Award Letter, and shall include any services to be rendered by Grantee in connection with the Goods. S. "State Confidential Information" means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, CJI, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor, (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. T. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. U. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. V. "State Records" means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. W. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of the Work. "Subcontractor" also includes sub -grantees. X. "Work" means the delivery of the Goods and performance of the Services described in this Grant Award Letter. Y. "Work Product" means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work Contract Nwnher. 19-HAV-ZH-00100 Page 5 Of 11 Version 0219 CDOT Aeronautics Division CDAG #: 19-EGE-0I ROUTING #: 19-HAV-ZH-00100 PO #:471001389 Product" does not include any material that was developed prior to the Grant Issuance Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 5. STATEMENT OF WORK Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. 6. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. B. Increase or Decrease Quantities and Total Price - State's Option The State, at its discretion, shall have the option to increase or decrease the -quantity of goods/services described in Exhibit A at the same rates and under the same terms specified in this agreement. In order to exercise this option, the State shall provide written notice to Contractor in in form substantially equivalent to Exhibit D prior to the end of the current Contract term. Delivery of Goods and performance of Services shall continue at the same rates and terms as described in this Agreement. C. Matching Funds. Grantee shall provide the Local Match Amount shown on the first page of this Grant Award Letter and described in Exhibit A (the "Local Match Amount"). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Grant Award Letter each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter is not intended to create a multiple -fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee's laws or policies. D. Reimbursement of Grantee Costs The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to the State of the change, the change does not modify the total maximum amount of this Grant Award Letter or the maximum amount for any state fiscal year, and the change does not modify any requirements of the Work. Contract Number: 19 -HAV -LH -00100 Page 6 of 1 I version 0219 C'DOT Aeronautics Division CDAG #: 19-EGE-01 ROUTING #: 19-HAV-ZH-00100 Pa #: 471001389 E. Close -Out. Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Award Letter and Grantee's final reimbursement request or invoice. 7. REPORTING - NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out described in §6.E, containing an evaluation and review of Grantee's performance and the final status of Grantee's obligations hereunder. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 8. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee's office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee's performance of its obligations under this Grant Award Letter using procedures as determined by the State. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee's performance in a manner that does not unduly interfere with Grantee's performance of the Work. C. Final Audit Report Grantee shall promptly submit upon request to the State a copy of any final audit report of an audit performed on Grantee's records that relates to or affects this Grant or the Work, whether the audit is conducted by Grantee or a third party. 9. CONFIDENTIAL INFORINIATION-STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee's own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or Contract Number. 19-HAV-ZH-00100 Page 7 of 11 version 0219 MOT Aeronautics Division CDAG #: 19-EGE-01 ROUTING #: 19-HAV-ZH-00100 PO #:471001389 to the detriment of the State, any State Records, except as otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State Records to the State's principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee's reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding PH If Grantee or any of its Subcontractors will or may receive PH under this Agreement, Grantee shall provide for the security of such PH, in a manner and form acceptable to the State, including, without limitation, State non -disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a "Third -Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. Contract Number. 19-HAV-ZH-00100 Page 8 of 11 Version 0219 CDOT Aeronautics Division CDAG #: 19-EGE-0I ROUTING #. 19-ItAV-ZH-00100 PO #: 471001389 10. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. 11. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §2410-101, et seg., C.R-S. (the "GIA'). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 12. REMEDIES In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails to comply with any term or condition of this Grant the State may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the State in the State's sole discretion. The State may also terminate this Grant Award Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 13. DISPUTE RESOLUTION Except as herein specifically provided otherwise or as, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 14. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §14. For the State: Scott Storie Division of Aeronautics 5126 Front Range Parkway Watkins, CO 80137 scott.storie(ie,state.co.us (303) 512-5251 For Grantee: Rick Ullom Eagle County Regional Airport 3289 Cooley Mesa Road Gypsum, CO 81637 rick.ullom(- ;eaglecounty.us (970)328-8780 Contract Number 19-HAV-ZH-00100 Page 9 of 11 Version 0219 CDOT - Aeronautics Division CDAG #: 19-EGE-01 ROUTING #: 19-HAV-ZH-00100 PO #:471001389 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 16. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and Limited by the provisions of the Colorado Governmental Immunity Act, §24-10- 101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 17. GENERAL PROVISIONS A. Assignment Grantee's rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee's rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Grant Award Letter represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Award Letter. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply Contract Number: 19-HAV-ZH-00100 Page 10 of 11 version 0219 CDOT -- Aeronautics Division CDAG #: 19 -EGF -01 ROUTrNG #: 19-HAV-ZH-00100 PO #: 471001389 with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties' respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. J. Waiver A Party's failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. Contract Number: l9 -HAV -7.11-00100 Page 11 of 11 version 0219 CDOT — Aeronautics Division CDAG M 19-EGE-01 ROUTING #: 19-HAV-ZH-00100 PO #:471001389 EXHIBIT A, DISCRETIONARY AVIATION GRANT APPLICATION Colorado Division of Aeronautics 10 }rn Discretionary Aviation Grant Application APPLICANT INFORMATION APPLICANT SPONSOR: AIRPORT: IDENTIFIER: Eagle County Eagle County Regional Airport EGE PROJECT DIRECTOR: Rick Ullom MAILING ADDRESS: EMAIL rick.ullom@eaglecounty.us 3289 Cooley Mesa Road ADDRESS: Gypsum, CO 81637 PHONE (970) 328-8780 NUMBER: GRANT NAME AND TERMS TERMS 19-EGE-01 Execution Date: Expiration Date: June 30, 2022 FUNDING SUMMARY .A Funding Source Funding Amount State Aviation Grant: $500,000.00 Local Cash: $55,556.00 Local In -Kind: $0.00 Federal Aviation Grant: $0.00 Total Project Funding: $555,556.00 PROJECT SCHEDULE & BUDGET ELEMENT DESCRIPTION STATE FUNDING LOCAL FUNDING FEDERAL FUNDING TOTAL A. Runway and Up to Taxiway Pavement $500,000.00 90.00 $55,556.00 10.00 $0.00 0.00 $555,556.00 Maintenance % TOTALS $500,000.00 $55,556.00 $0.00 $555,556.00 Exhibit A Page I of 1 EXHIBIT B, RESOLUTION RESOLUTION CDOT ® Aeronautics Division CDAG #: 19-EGE-01 ROUTING #: I9-HAV-ZH-00100 PO #:471001389 WHEREAS: The General Assembly of the State of Colorado declared in Title 43 of the Colorado Revised Statutes, Article 10, 1991 in CRS §43-10-101 (the Act) "... 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..." The Act created the Colorado Aeronautical Board ("the Board") to establish policy and procedures for distribution of monies in the Aviation Fund and created the Division of Aeronautics ("the Division") to carry out the directives of the Board, including technical and planning assistance to airports and the administration of the state aviation system grant program. SEE CRS §43-10-103 and C.R.S. §43-10-105 and CRS §43-10-108.5 of the Act. Any eligible entity operating a public -accessible airport in the state may file an application for and be recipient of a grant to be used solely for aviation purposes. The Division is authorized to assist such airports as request assistance by means of a Resolution passed by the applicant's duly -authorized governing body, which understands that all funds shall be used exclusively for aviation purposes and that it will comply with all grant procedures, grant assurances and requirements as defined in the Division's Programs and Procedures Manual, ("the Manual") and the Airport Sponsor Assurances for Colorado Discretionary Aviation Grant Funding ("Grant Assurances") attached hereto as Exhibit C. NOW, THEREFORE, BE IT RESOLVED THAT: The Engle County, as a duly authorized governing body of the grant applicant, hereby formally requests assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of state aviation system grant. The Eagle County states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. By signing this Grant Agreement, the applicant commits to keep open and accessible for public use all grant funded facilities, improvements and services for their useful life, as determined by the Division and stated in the Grant Agreement and Grant Assurances. FURTHER BE IT RESOLVED: That the Eagle County hereby designates Rick UIlom as the Project Director, as described in the Manual and authorizes the Project Director to actin all matters relating to the work project proposed in the Application in its behalf, including executions of the Grant Agreement and any amendments. FURTHER The Eagle County has appropriated or will 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 Agreement_ FINALLY: The Eagle 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 Agreement submitted by the State, including all terms and conditions contained therein. Date: 2�'7".0 ( --'-X -: 0'/ /y PIease print name and title.,? „ ATTEST (if needed) By: Please print name and title Exhibit B Page I of I CDOT Aeronautics Division CDAG #: 19-EGE-01 ROUTING #: 19-HAV-ZH-00100 PO #:471001389 EXHIBIT C, GRANT ASSURANCES Airport Sponsor Assurances for Colorado Discretionary Aviation Grant Funding Approved by CAB January 22, 2018 I. APPLICABILITY a. These assurances shall be complied with by Airport Sponsors in the performance of all projects at airports that receive Colorado Department of Transportation — Division of Aeronautics (Division) Colorado Discretionary Aviation Grant (CRAG) funding for projects including but not limited to: master planning, land acquisition, equipment acquisition or capital improvement projects (Project). It is not the intent of these Assurances to expand existing Federal Aviation Administration (FAA) Grant Assurances for airports included in the National Plan of Integrated Airport Systems (NPIAS); as similar assurances already exist for acceptance of FAA funding. b. Upon acceptance of this grant agreement these assurances are incorporated in and become a part thereof. II. DURATION a. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the Project as defined in Table 1 (Useful Life), or if the airport for which the Project is funded ceases to function as a public airport, for twenty (20) years from the date of Project completion, whichever period is greater. However, there shall be no limit on the duration of the assurances with respect to real property acquired with CRAG Project funds. III. COMPLIANCE a. Should an Airport Sponsor be notified to be in non-compliance with any terms of this agreement, they may become ineligible for future Division funding until such non-compliance is cured. b. If any Project is not used for aviation purposes during its Useful Life, or if the airport for which the Project is funded ceases to function as a public airport, for twenty (20) years from the date of Project completion or at any time during the estimated useful life of the Project as defined in Table 1, whichever period is greater, the Airport Sponsor may be liable for repayment to the Division of any or all funds contributed by the Division under this agreement. If the airport at which the Project is constructed is abandoned for any reason, the Division may in its discretion discharge the Airport Sponsor from any repayment obligation upon written request by the Airport Sponsor. Exhibit C Page 1 of 3 CDOT •- Aeronautics Division CDAG #: 19 -EGF -01 ROUTING #: 19-HAV-ZH-00100 PO #: 471001389 1. Compatible Land Use. Compatible land use and planning in and around airports benefits the state aviation system by providing opportunities for safe airport development, preservation of airport and aircraft operations, protection of airport approaches, reduced potential for litigation and compliance with appropriate airport design standards. The airport will take appropriate action, to the extent reasonable, to restrict the use of land adjacent to, in the immediate vicinity of, or on the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. 2. On -Airport Hazard Removal and Mitigation. The airport will take appropriate action to protect aircraft operations to/from the airport and ensure paths are adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 3. Safe, Efficient Use, and Preservation of Navigable Airspace. The airport shall comply with 14 CFR Part 77 for all future airport development and anytime an existing airport development is altered. 4. Operation and Maintenance. In regards to Projects that receive Division funding, the airport sponsor certifies that it has the financial or other resources that may be necessary for the preventive maintenance, maintenance, repair and operation of such projects during their Useful Life. The airport and all facilities which are necessary to serve the aeronautical users of the airport shall be operated at all times in a safe and serviceable condition. The airport will also have in effect arrangements for: a. Operating the airport's aeronautical facilities whenever required; b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and c. Promptly notifying airmen of any condition affecting aeronautical use of the airport. S. Airport Revenues. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport for aviation purposes. 6. Airport Layout Plan (ALP). Once accomplished and as otherwise may be required to develop, it will keep up-to-date a minimum of an ALP of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing improvements thereon. Exhibit C Page 2 of 3 MOT Aeronautics Division CDAG #, 19-EGE-01 ROUTING #: 19-HAV-ZH-00100 PO #: 471001389 7. Use for Aviation Purposes. The Airport Sponsor shall not use runways, taxiways, aprons, seeded areas or any other appurtenance or facility constructed, repaired, renovated or maintained under the terms of this Agreement for activities other than aviation purposes unless otherwise exempted by the Division. TABLE 1 Project Type Useful Life a. All construction projects (unless listed separately below) 20 years b. All equipment and vehicles 10 years c. Pavement rehabilitation (not reconstruction, which is 20 years) 10 years d. Asphalt seal coat, slurry seal, and joint sealing 3 years e. Concrete joint replacement 7 years C Airfield lighting and signage 10 years g. Navigational Aids 15 years h. Buildings 40 years Fi Land Unlimited Exhibit C Page 3 of 3 CDOT • Aeronautics Division CDAG #: 19-EG"I ROUTING #: 19-HAV-ZH-00100 PO #:471001389 EXHIBIT D, SAMPLE OPTION LETTER State Agency Option Letter Number Colorado Department of Transportation, Colorado Insert the Option Number (e.g. "1" for the first option) Aeronautical Board Division of Aeronautics Grantee Original Agreement Number Insert Grantee's Full Legal Name, including "Inc.", Insert CMS number or Other Contract Number of the Original Contract "LLC" etc... Current Agreement Maximum Amount Option Agreement Number Initial Funding Insert CMS number or Other Contract Number of this Option State: $0.00 Agreement Performance Beginning Date Modifications Option Letter 1 $0.00 The later of the Effective Date or Month Day, Year Option Letter 2 $0.00 Current Agreement Expiration Date Option Letter 3 $0.00 on Letter 4 $0.00 Month Day, Year Modified Agreement Maximum $0.00 Amount 1. OPTIONS: A. Option to extend for an Extension Term and/or add additional funds. 2. REQUIRED PROVISIONS: A. For use with Option IW: In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on the Current Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. B. For use with Options 1W: In accordance with Sections) Number of the Original Agreement referenced above, the State hereby exercises its option to Increase/Decrease the grant maximum amount for a change in services as stated in the Original Agreement, as amended. C. For use with all Option Letters: The Agreement Maximum Amount table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above and Exhibit A is hereby deleted and replaced with Exhibit A-# incorporated and attached hereto. 3. OPTION EFFECTIVE DATE: A. '1 he effective elate of this Uotion Letter is STATE OF COLORADO Jared S. Polis, Governor Department of Transportation By: David R. Ulane, Aeronautics Division Director for Shoshana M. Lew, Executive Director Date: it of the State Controller. whichever is later. In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: By: Department of Transportation Liliya Geishman, Accounting Controller Option Effective Date: Exhibit D Page 1 of I