HomeMy WebLinkAbout20103054.tiff RESOLUTION
RE: APPROVE AMENDMENT#1 TO AGREEMENT FOR SECTION 5311 AND AUTHORIZE
CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment #1 to the Agreement for
Section 5311 between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, Transportation Unit,
and the Colorado Department of Transportation, commencing upon full execution of said
amendment, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review,the Board deems it advisable to approve said amendment,a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Amendment#1 to the Agreement for Section 5311 between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, Transportation Unit, and the Colorado Department of
Transportation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of December, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: fi vvt7C�4�'�
,• her% Do gla9 Radema Chair
Weld County Clerk tot B1861 +u,
arbara Kirkmeye , Pro-Tem
BY:
Deputy Clerk to the B 1( / EXCUSED
Sean P. Conway
APP D AS RM: EXCUSED
iam F. Garcia
ount ttorney erti J—/
DavidE. Long
Date of signature: 1//7/1/
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is
1 -3y - EG0062
CONTRACT AMENDMENT
Amendment# Original Contract Original SAP- Amendment Amendment
1 CMS# PO# CMS# SAP-PO#
10-HTD-09071 291000746 11-HTD-27092 291000746
1) PARTIES
THIS AMENDMENT, to the above-referenced Original Contract (hereinafter called the
"Contract") is entered into by and between Weld County, (hereinafter called the "Grantee",
"Local Agency", or "WELD") and the State of Colorado (hereinafter called the "State") acting
by and through the Colorado Department of Transportation (hereinafter called "CDOT").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall
not be liable to pay or reimburse the Local Agency for any performance hereunder, including,
but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the
Effective Date.
3) FACTUAL RECITALS
The parties entered into a contract dated December 30, 2009, for FTA 5311 Funds. The
purpose for this amendment is described in Section 6 of this amendment.
4) CONSIDERATION-COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and other
good and valuable consideration are sufficient and adequate to support this Amendment. The
Parties agree to replacing the Colorado Special Provisions with the most recent version (if
such have been updated since the Contract and any modification thereto were effective) as
part consideration for this Amendment.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments thereto (including option letters), if any, remain in full force and effect except as
specifically modified herein.
6) MODIFICATIONS.
The Contract and all prior amendments thereto, if any, are modified as follows:
a) Paragraph 3.A is hereby deleted in its entirety and replaced with the following language:
Authority to enter into this Agreement exists in C.R.S. 43-1-701, 43-1-702, and funds have
been budgeted, appropriated and otherwise made available, and a sufficient unencumbered
balance thereof remains available for payment. Required approvals, clearance and
coordination have been accomplished from and with appropriate agencies.
Gil.Account:4518000010 Funds Center: D9715-415 I Company Code: 1000 1 Vendor Number:2000135
Functional Area: 1510-Not Relevant CO Area: 1000 Fund:400 I Catalog Federal Domestic Assistance Number(CFDA)20.509
SAP Line Item WBS 5311-Admin/Operating I Total Encumbered Contract Amount FY 2010:$560,575
10-FFY 2010 CO-18-5029.WELD Federal Amount Total:$51,060 Local Amount Total:$12,765 Total:$63,825
20-FFY 2010 CO-18-4029.WELD Federal Amount Total:$107,000 Local Amount Total:$107,000 Total:$214,000
30-FFY 2010 CO-18-5029.WELD Federal Amount Total:$55,000 Local Amount Total:$13,750 Total:$68,750
40-FFY 2010 CO-18-4029.WELD Federal Amount Total:$107,000 Local Amount Total:$107,000 Total:$214,000
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b) Section 15-Right of the State to Terminate, is hereby deleted in its entirety and replaced
with the following language:
a. Breach
a. Defined:
In addition to any breaches specified in other sections of this Grant, the failure of
either Party to perform any of its material obligations hereunder in whole or in
part or in a timely or satisfactory manner, constitutes a breach. The institution of
proceedings under any bankruptcy, insolvency, reorganization or similar law, by
or against Grantee, or the appointment of a receiver or similar officer for Grantee
or any of its property, which is not vacated or fully stayed within 20 days after the
institution or occurrence thereof, shall also constitute a breach.
b. Notice and Cure Period:
In the event of a breach, notice of such shall be given in writing by the aggrieved
Party to the other Party in the manner provided in §14(c). If such breach is not
cured within 30 days of receipt of written notice, or if a cure cannot be completed
within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in
§15(b). Notwithstanding anything to the contrary herein, the State, in its sole
discretion, need not provide advance notice or a cure period and may
immediately terminate this Grant in whole or in part if reasonably necessary to
preserve public safety or to prevent immediate public crisis.
b. Remedies
If Grantee is in breach under any provision of this Grant, the State shall have all of
the remedies listed in this §15 in addition to all other remedies set forth in other
sections of this Grant following the notice and cure period set forth in §15(a)(2). The
State may exercise any or all of the remedies available to it, in its sole discretion,
concurrently or consecutively.
(1) Termination for Cause and/Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as
is required to ensure its completion in accordance with the provisions of this
Grant and in a timely manner, the State may notify Grantee of such non-
performance in accordance with the provisions herein. If Grantee thereafter fails
to promptly cure such non-performance within the cure period, the State, at its
option, may terminate this entire Grant or such part of this Grant as to which
there has been delay or a failure to properly perform. Exercise by the State of
this right shall not be deemed a breach of its obligations hereunder. Grantee
shall continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further
obligations or render further performance hereunder past the effective date of
such notice, and shall terminate outstanding orders and sub-Grants with third
parties. However, Grantee shall complete and deliver to the State all Work,
Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Grant's terms. At the sole
discretion of the State, Grantee shall assign to the State all of Grantee's right, title,
and interest under such terminated orders or sub-Grants. Upon termination,
Grantee shall take timely, reasonable and necessary action to protect and
preserve property in the possession of Grantee in which the State has an interest.
All materials owned by the State in the possession of Grantee shall be
immediately returned to the State. All Work Product, at the option of the State,
shall be delivered by Grantee to the State and shall become the State's property.
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•
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date
of termination. If, after termination by the State, it is determined that Grantee was
not in breach or that Grantee's action or inaction was excusable, such termination
shall be treated as a termination in the public interest and the rights and
obligations of the Parties shall be the same as if this Grant had been terminated in
the public interest, as described herein.
iii. Damages and Witholding
Notwithstanding any other remedial action by the State, Grantee also shall remain
liable to the State for any damages sustained by the State by virtue of any breach
under this Grant by Grantee and the State may withhold any payment to Grantee
for the purpose of mitigating the State's damages, until such time as the exact
amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due to Grantee as the State deems necessary
to protect the State, including loss as a result of outstanding liens or claims of
former lien holders, or to reimburse the State for the excess costs incurred in
procuring similar goods or services. Grantee shall be liable for excess costs
incurred by the State in procuring from third parties replacement Work, Services
or substitute Goods as cover.
(2) Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public
policy of the State of Colorado, as determined by its Governor, General Assembly,
and/or Courts. If this Grant ceases to further the public policy of the State, the
State, in its sole discretion, may terminate this Grant in whole or in part. Exercise
by the State of this right shall not constitute a breach of the State's obligations
hereunder. This subsection shall not apply to a termination of this Grant by the
State for cause or breach by Grantee, which shall be governed by §15 or as
otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §15. The
notice shall specify the effective date of the termination and whether it affects all
or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with
the same obligations and rights set forth in §15(b)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §15, Grantee shall be paid
an amount which bears the same ratio to the total reimbursement under this Grant
as the Services satisfactorily performed bear to the total Services covered by this
Grant, less payments previously made. Additionally, if this Grant is less than 60%
completed, the State may reimburse Grantee for a portion of actual out-of-pocket
expenses (not otherwise reimbursed under this Grant) incurred by Grantee which
are directly attributable to the uncompleted portion of Grantee's obligations
hereunder; provided that the sum of any and all reimbursement shall not exceed
the maximum amount payable to Grantee hereunder.
(3) Remedies Not Involving Termination
The State, its sole discretion, may exercise one or more of the following remedies
in addition to other remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant
pending necessary corrective action as specified by the State without entitling
Grantee to an adjustment in price/cost or performance schedule. Grantee shall
promptly cease performance and incurring costs in accordance with the State's
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directive and the State shall not be liable for costs incurred by Grantee after the
suspension of performance under this provision.
ii. Withold Payment
Withhold payment to Grantee until corrections in until corrections in Grantee's
performance are satisfactorily made and completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee's actions
or inactions, cannot be performed or, if performed, would be of no value to the
State; provided, that any denial of payment shall be reasonably related to the
value to the State of the obligations not performed.
iv. Removal
Demand removal of any of Grantee's employees, agents, or Sub-grantees whom
the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable, or whose continued relation to this Grant is deemed to be contrary
to the public interest or not in the State's best interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other
intellectual property right while performing its obligations under this Grant,
Grantee shall, at the State's option (a) obtain for the State or Grantee the right to
use such products and services; (b) replace any Goods, Services, or other
product involved with non-infringing products or modify them so that they become
non-infringing; or, (c) if neither of the foregoing alternatives are reasonably
available, remove any infringing Goods, Services, or products and refund the price
paid therefore to the State.
c. Notices and Representatives
Each individual identified below is the principal representative of the designating
Party. All notices required to be given hereunder shall be hand delivered with receipt
required or sent by certified or registered mail to such Party's principal representative
at the address set forth below. In addition to, but not in lieu of a hard-copy notice,
notice also may be sent by e-mail to the e-mail addresses, if any, set forth below.
Either Party may from time to time designate by written notice substitute addresses
or persons to whom such notices shall be sent. Unless otherwise provided herein, all
notices shall be effective upon receipt.
State:
Matt Paswaters
Colorado Department of
Transportation
4201 E. Arkansas Ave.
Shumate Building
Denver,CO 80222
Mattew.paswaters@dot.state.co.us
Grantee:
Toby Taylor
Weld County
915 10`" Street
Greeley, CO 80632
ttaylor@co.weld.co.us
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c)The following language of this section is hereby added to the contract:
Statewide Contract Management System
If the maximum amount payable to WELD under this Agreement is $100,000 or greater,
either on the Effective Date or at anytime thereafter, this §37 applies.
WELD agrees to be governed, and to abide, by the provisions of CRS §24-102-205,
§24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring
of vendor performance on state contracts and inclusion of contract performance
information in a statewide contract management system.
WELD performance shall be subject to Evaluation and Review in accordance with the
terms and conditions of this Contract, State law, including CRS §24-103.5-101, and
State Fiscal Rules, Policies and Guidance. Evaluation and Review of WELD
performance shall be part of the normal contract administration process and WELD
performance will be systematically recorded in the statewide Contract Management
System. Areas of Evaluation and Review shall include, but shall not be limited to quality,
cost and timeliness. Collection of information relevant to the performance of WELD
obligations under this Contract shall be determined by the specific requirements of such
obligations and shall include factors tailored to match the requirements of WELD
obligations. Such performance information shall be entered into the statewide Contract
Management System at intervals established herein and a final Evaluation, Review and
Rating shall be rendered within 30 days of the end of the Contract term. WELD shall be
notified following each performance Evaluation and Review, and shall address or correct
any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that WELD
demonstrated a gross failure to meet the performance measures established hereunder,
the Executive Director of the Colorado Department of Personnel and Administration
(Executive Director), upon request by the WELD, and showing of good cause, may
debar WELD and prohibit WELD from bidding on future contracts. WELD may contest
the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may
result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b)
under CRS §24-105-102(6), exercising the debarment protest and appeal rights
provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the
debarment and reinstatement of WELD, by the Executive Director, upon showing of
good cause.
d)The following language of this section is hereby added to the contract:
General Provisions
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be transferred,
assigned or subgranted without the prior, written consent of the State. Any attempt
at assignment, transfer, subgranting without such consent shall be void. All
assignments, subgrants, or Subgrantees approved by Grantee or the State are
subject to all of the provisions hereof. Grantee shall be solely responsible for all
aspects of subgranting arrangements and performance.
B. Binding Effect
Except as otherwise provided in §20(A), all provisions herein contained, including the
benefits and burdens, shall extend to and be binding upon the Parties' respective
heirs, legal representatives, successors, and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and
shall not be used to interpret, define, or limit its provisions.
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D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which
shall constitute one agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the
Parties and all prior representations and understandings, oral or written, are merged
herein. Prior or contemporaneous additions, deletions, or other changes hereto shall
not have any force or affect whatsoever, unless embodied herein.
F. Indemnification-General
Grantee shall indemnify, save, and hold harmless the State, its employees and
agents, against any and all claims, damages, liability and court awards including
costs, expenses, and attorney fees and related costs, incurred as a result of any act
or omission by Grantee, or its employees, agents, Subgrantees, or assignees
pursuant to the terms of this Grant; however, the provisions hereof shall not be
construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, protection, or other provisions, of the Colorado Governmental
Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
2671 et seq., as applicable, as now or hereafter amended.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of
Colorado and exclusive venue shall be in the City and County of Denver.
H. Modification
ii. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be
effective unless agreed to in writing by both parties in an amendment to this Grant,
properly executed and approved in accordance with applicable Colorado State law,
State Fiscal Rules, and Office of the State Controller Policies, including, but not
limited to, the policy entitled MODIFICATIONS OF GRANTS - TOOLS AND FORMS.
iii. By Operation of Law
This Grant is subject to such modifications as may be required by changes in
Federal or Colorado State law, or their implementing regulations. Any such required
modification automatically shall be incorporated into and be part of this Grant on the
effective date of such change, as if fully set forth herein.
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the State and Grantee. In
the event of conflicts or inconsistencies between this Grant and its exhibits and
attachments including, but not limited to, those provided by Grantee, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following
order of priority:
i. Federal Laws and regulations,
ii. Colorado Special Provisions,
Hi. The provisions of main body of this Agreement,
iv. Exhibit A (Scope of Work),
v. Exhibit B (Option Letter)
vi. Other exhibits in descending order of their attachment.
J. Severability
Provided this Grant can be executed and performance of the obligations of the
Parties accomplished within its intent, the provisions hereof are severable and any
provision that is declared invalid or becomes inoperable for any reason shall not
affect the validity of any other provision hereof.
K. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring
continued performance, compliance, or effect after termination hereof, shall survive
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such termination and shall be enforceable by the State if Grantee fails to perform or
comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-
730123K) and from all State and local government sales and use taxes under CRS
§§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased
or services rendered to benefit the State; provided however, that certain political
subdivisions (e.g., City of Denver) may require payment of sales or use taxes even
though the product or service is provided to the State. Grantee shall be solely liable
for paying such taxes as the State is prohibited from paying for or reimbursing
Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved
solely to the Parties, and not to any third party. 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.
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or any right
or remedy hereunder, whether explicitly or by lack of enforcement, shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision
or requirement, or of any other term, provision, or requirement
e) Exhibit A.1 of the Contract, is hereby attached and incorporated into the Contract.
7) START DATE
This amendment shall take effect on the later of its Effective Date.
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or
contradiction between the provisions of this Amendment and any of the provisions of the Contract,
the provisions of this Amendment shall in all respects supersede, govern, and control. The most
recent version of the Special Provisions incorporated into the Contract or any amendment shall
always control other provisions in the Contract or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable during the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, or otherwise made available.
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THE PARTIES HERETO HAVE EXECUTED THIS INTERAGENCY AGREEMENT
• Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local
Agency's behalf and acknowledge that the State Is relying on their representations to that effect.
THE GRANTEE
Weld County
STATE OF COLORADO
By: I h .q a eC\taz er
Name of Authorized Individual
Bill Ritter,Jr.GOVERNOR
Title: (,`leaf, wra Ot Luttr\ CoMi lsrjics✓cs Colorado Department of Transportation
Official Title o uthorized Individual Russell George, Executive Director
*Si ature ('��� /!P/ ,/. ea.)Date: DEC 21 2010
Date: /2/2Vh
2nd Grantee Signature if Needed LEGAL REVIEW
By: Jon W. Suthers, Attorney Ge7ral
Name of Authorized Individual
Title: By: L
Official Title of Authorized Individual Signature--A,ststant Attorney ever
*Signature Date: \GI "o� ' I
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
C'S 24-3I-2I2 r :wires the State Contr ller l: : , ,r've all State Agreements.This Agre ment is not vali, anti)signe,
ate, ,el:w by th St to C o ntroller or :el g te.The L:cal Ag ncv is n:t:uthorizeI t, :egin II rmance until such
time.IP ThLocal Ag ncv ,'gins ,erforming I rlh•rel:,th St to of C,lorad: is not :,lieate: t: pav The f.,cal
A encv for such ,erf,rmance or for<nyg: ,san, :rservices ,r'vi,e, h'reun:er.
STATE CONTROLLER
Da id J.McDe ott,CP
By: CI)
Controller-Col do Department .f Transportation
Date: '
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Exhibit A.1
SCOPE OF WORK AND CONDITIONS
WELD COUNTY
A. Standards of Performance
1. The Grantee will provide a minimum of 2 400 one-way passenger trips per year,at a maximum
operating and administrative cost of$65.42 per one-way trip, a maximum cost of$3.17 per mile
and a maximum cost of$Q per vehicle hour. Standards of performance will be measured,
reported and averaged at least quarterly. Measurement of these standards will commence with
the presentation of the Grantee's first monthly report and request for reimbursement.
2. Performance will be reviewed quarterly. The State will begin its review no later than 30 calendar
days after each performance quarter. If the State's review determines the Grantee's performance
does not meet the standards of performance set forth above in paragraph A.1., the following steps
will be taken:
a. The State will notify the Grantee in writing that performance does not meet the requirements
of this Agreement.
b. Thirty (30) calendar days after date of such notification, the Grantee will submit to the State a
written explanation of the cause(s) of the substandard performance, which shall include a
written plan for improving performance.
c. The State will review the plan for improvement and notify the Grantee of its approval within
21 days.
d. If the plan is approved by the Department,the Grantee will implement the plan immediately
upon receipt of the State's notification. If the plan is not approved by the Department remedial
measures will be determined on a case by case basis. Such remedial measures may include
termination of this Agreement and return of the grant funds or capital equipment purchased
with such funds, in accordance with the terms of Section 8.
B. Project Budget
1. The net Project cost is estimated to be and shall be shared as follows:
Administrative Costs Operating Costs
WBS Element(CO-18-5029.WELD) WBS Element(CO-18-4029.WELD)
Federal Share (80%) $55,000 (50%) $107,000
Local Share (20%) $13,750 (50%) $107,000
TOTAL $68,750 $214,000
2. The Project Cost shall not exceed the maximum allowable cost of$282,750. The State will pay
no more than 80% of the eligible, actual administrative costs up to the maximum federal amount
of$55,000 and no more than 50%of the eligible, actual operating costs up to the maximum
federal amount of$107,000. The Grantee shall be solely responsible for all costs incurred in the
Project in excess of the amount paid by the State from federal funds for the federal share of
eligible, actual costs. In the event the final,actual Project cost is less than the maximum
allowable cost of$282,750 the State is not obligated to provide any more than 80% of the
eligible,actual administrative nor any more than 50%of the eligible, actual operating costs and
shall retain the remaining balance of the federal share.
3. Up to one half of the Grantee's share for administrative and operating expenses may be provided
from unrestricted federal funds. At least one half must be from sources other than federal funds.
The Grantee's Share, together with the Federal share, shall be in an amount sufficient to assure
payment of the net Project cost. The State shall have no obligation to provide State funds for use
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on this Project. The State will administer federal funds for this Project under the terms of this
Agreement, provided that the federal share of FTA funds to be administered by the State are
made available and remain available. In no event shall the State have any obligation to provide
State funds or provide federal FTA funds for the Grantee's share of the Project. The Grantee shall
initiate and prosecute to completion all actions necessary to enable the Grantee to provide its
share of the Project costs at or prior to the time that such funds are needed to meet Project costs.
4. No refund or reduction of the amount of the Grantee's Share to be provided will be allowed unless
there is at the same time a refund or reduction of the federal share of a proportionate amount.
5. Federal funds shall not reimburse the Grantee for expenses not incurred in cash (e.g.,donated or
in-kind goods and services),though such expenses may be used as the Grantee's share. No more
than 20 percent of Project administrative expenses and no more than 50 percent of Project
operating expenses may be attributed to non-cash,donated, or in-kind expenses.
C. Reimbursement Eligibility
Requests for reimbursement for project costs will be paid to the Grantee upon presentation of
invoice(s)to the State for eligible costs incurred through December 31, 2011 and within the limits of
Section 2 of this Agreement. The Grantee must request reimbursement monthly, and will be
reimbursed based on the ratio of Federal Share and Local Share set forth in Project Budget above.
However, since the Grantee is designated by the State as a"High Risk Grantee," as set forth in its
State Management Plan, the State reserves the right to limit its reimbursement to the Grantee in any
given month to 10% of the total grant award in order to ensure that Project services could be provided
throughout the year in the event the Grantee encounters financial instability. The final invoice shall
be submitted no later than sixty (60) days after the above date.
D. Contract Expiration
The Agreement shall expire when the capital equipment no longer has a federal interest, as
determined by the State. If no capital equipment is obtained, the contract shall expire upon final
reimbursement by the State, within the limits of Section C. above.
E. Project Description
The Grantee shall perform all Project activities described in Sections A, B, and C, in the application
submitted to the State on May 18, 2009 and as specifically described below.The application is
incorporated herein by reference to the extent consistent with this Agreement.
Grant Recipient(Grantee)
Agency provides deviated fixed routes, modified fixed routes and door-to-door demand responsive
transportation services to seniors, persons with disabilities, low income individuals for medical services,
human services,and group activities. Non-medical transporting for Medicaid transportation has been in
place for a number of years. We are the broker for Mediciad-Medical trips.
Section 5311 Project
The project will support the current operations of Weld County Minibus as described above.
This grant is expected to support Weld County Minibus offering approximately 5,553 annual service
hours and 79,000 annual route miles for calendar years 2010/2011 (January 1 —December 31),as
proposed in the application.
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i .
F. Special Conditions of the Project
1. The Grantee shall advertise its fixed route and/or rural based service as available to the general
public and service will not be explicitly limited by trip purpose or client type.
2. The Grantee will provide comparable transportation services to persons with disabilities
according to the Americans with Disabilities Act of 1990.
3. The Grantee will comply with the Federal Transit Administration Drug and Alcohol Regulations.
4. Any costs reimbursed to the Grantee from other grant programs funds may not be listed as a cost
to be shared by FTA on a reimbursement request(i.e., no double billing).
5. The Grantee shall maintain and report annually through submission of an annual report all
information required by the National Transit Database and any other financial, fleet, service data
set forth by the State for the purpose of annual reporting required of the State.
6. If the Grantee is unable to perform the activities described under paragraph E., Project
Description of this section or must significantly change its level of service described herein, the
Grantee shall notify the State in writing.
7. The Grantee must have State approval if FTA funds are to be used for payment of a lease or third-
party contracts.
8. The Grantee shall not purchase, issue a purchase order,or lease capital equipment before the
contract with the State has been executed.
9. Meal delivery for homebound individuals must not conflict with providing public transportation
service or reduce service to public transportation passengers.
G. Safety Data
The Grantee shall maintain and submit,as requested, data related to bus safety. This may include,but
not be limited to, the number of vehicle accidents within certain measurement parameters set forth by
the State;the number and extent of passenger injuries or claims; and, the number and extent of
employee accidents, injuries and incidents.
H. Training
In an effort to enhance transit safety,the grantee shall make a good faith effort to ensure that
appropriate training of agency personnel is occurring and that personnel are update in appropriate
certifications. In particular, the grantee shall ensure that driving personnel are provided professional
training in defensive driving and training on the handling of mobility devices and elderly and disabled
persons.
11 0111
STATE OF COLORADO
Department of Transportation Ewa
t I OT
Transit Unit, Shumate Building
4201 East Arkansas Avenue
Denver, CO 80222-3400 DEPNIIME,u OF TRANSPORTATFON
(303) 757-9766
(303) 757-9727(FAX)
January 13, 2011
Mr. Toby Taylor
Operations Manager
Weld County Transit
915 10th Street
Greeley, CO 80632
RE: 2011 FTA Section 5311 contract
Dear Mr.T-g3'Cor /6b7
For your records, enclosed is one original copy of the FTA/CDOT contract amendment (CMS 11-HTD-
27092/SAP PO# 291000746) for Section 5311 funds awarded to your organization for 2011. Starting from
January 11, 2011, you may begin to accrue expenses that maybe reimbursed by the State DOT.
Reimbursement forms may be filled out on line from the CDOT transit website using your user name and
password.
Matt Paswaters, the Transit Grants Coordinator can offer assistance with reimbursements should you need
it. He can be reached at 303-757-9771.
Please contact me with any other questions.
Sincerely,
—
Eric Ellis
Transit Unit Manager
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