HomeMy WebLinkAbout20070395.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL CONTRACT FOR HIGHWAY TRAFFIC SAFETY
PROJECT FOR PURCHASE OF GLOBAL POSITIONING SYSTEM UNITS 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 an Intergovernmental Contract for a
Highway Traffic Safety Project for the Purchase of Global Positioning System Units between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Sheriffs Office, and the Colorado Department of Transportation,
commencing upon full execution,and ending September 30,2007,with further terms and conditions
being as stated in said contract, and
WHEREAS,after review, the Board deems it advisable to approve said contract, 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 the Intergovernmental Contract for a Highway Traffic Safety Project for the
Purchase of Global Positioning System Units between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County,on behalf of the Sheriffs Office,
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 contract.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of February, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COL RADO
ATTEST: i1 / < j/�
i� 11-e)\ avid E. Long, Chair
Weld County Clerk to the ~•=r� +�a
.�1861 sr,.�1 I-1—*
_ —*.
BY:
Willia l e, Pro-Tem
.
Deputy Clerk to the Boat. • (71/1 ;
m; William F. Garcia
APPRO AS TOE EXCUSED
Robert D. Masden
ounty Attorney
g 0/078�07 Douglas de er
Date of signature:
2007-0395
sO0028j
l� : �C3c� �5 ) � & 7
STATE OF COLO DO
DEPARTMENT OF TRANSPORTATION
Colorado Department of Transportation
Traffic/Safety Engineering,El'Suite 770 , 3 OT
4201 E.Arkansas Avenue
Denver,Colorado 80222 orana�
February 6, 2007
Cmndr. Ken Poncelow
1950"O" Street
Greeley, CO 80631
Re: Contract# 07 HTS 00043
Dear Cmndr. Poncelow
Enclosed,please find four agreements between the Colorado Department of
Transportation and the Weld County Sheriff's Office. Please sign where indicated and
have these agreements attested to, if applicable. Keep one original for your file. Return
three signed agreements and the completed signature page to me at the above address. A
fully executed contract will be sent to you upon completion of the contracting process.
If you have questions or need further information,please contact me at 303 757-9468.
PLEASE NOTE: Your signature is the first signature in the final agreement process.
YOU ARE NOT AUTHORIZED TO SPEND ANY OF THESE FUNDS AT THIS
TIME. You will be notified, in writing, when these funds are made available for your
use.
Sincerely,
Carol Gould rn
Program Manager n
CC: file Fr —
2007-0395
Colorado Department of Transportation
Contract Objective Plan
State Program: Public Ways Contracting Weld County Sheriffs Office
Agency:
State Sub-Program: Transportation Safety Project Ken Poncelow
Coordinator:
Problem Solution 408 Contract Period: p Effective Date to September 30,2007
Plan:
Project#: 07-04-41 HSP# 07-04 Task# 07-04-41-07
Objective To eliminate the inconsistencies of locating motor vehicle crashes by improving the accuracy of location information using
GPS devices in local law enforcement
Task
Activity# Activity Description
07-04.01 By September 30,2007 purchase and install GPS devices in 100 local law enforcement vehicles by Identifying
local law enforcement agencies in need of GPS devices, coordinating and prioritizing distribution of devices.
07-04.2 Provide timely, accurate,complete, uniform, integrated and accessible location information.
07-04.3 Electronically submit all motor vehicle crash reports to the Electronic Accident Reporting System(EARS)and
accurately display 100%of crashes on the State's GIS enterprise platform.
07-04.4 Submit quarterly reports to the CDOT by April 20 and July 20,2007,and the final report by November 15,2007.
The quarterly progress reports should include:
07-04.5 a.A description of the activities undertaken during the quarter.
b.A description of the progress in obtaining, linking, and/or analyzing the data, including draft/preliminary data
results,as appropriate for the time frame.
c.A description of any problems encountered in the process.
d. Budget details.
Previous editions are obsolete and may not be used. CDOT Form#1106
7/92
Attachment B,page 1 of 3
Colorado Department of Transportation
Contract Evaluation Data
Project#: 07-04-41 HSP# 07-04 Task#
07-04-41-07
Task Type of Report
Activity Evaluation Description Evaluation Time Frame
07-04.1 How many GPS devices were purchased and installed Performance Quarterly/Final
and in what local law enforcement agencies?
07-04.2 Was the location information provided timely,accurate,complete,uniform,
integrated and accessible? Performance Quarterly/Final
07-04.3 Was the State's GIS enterprise platform capable of
displaying the crash locations?What was the level of Performance Quarterly/Final
accuracy?
07-04.4 Were quarterly reports submitted time?Was a final Performance Quarterly/Final
report submitted by November 15,2007?
Previous editions are obsolete and may not be used. CDOT Form#1107
8/93
Attachment B,page 2 of 3
Colorado Department of Transportation
Contract Financial Budget Project #07-04-41
Budget Allocation For HSP # 07-04 Task # 07-04-41-07
Cost Category OTS Agency Total
Personal Services $7,545
Operating Expenses $50,000
Travel Expenses
Capital Equipment
Other
Totals $50,000 $7,545 $57,545
Distribution of OTS Funds (Benefit of): State$ $50,000 Local $ $7,545
Budget Allocation For HSP # 06-04 Task # 06-04-41-11
Cost Category OTS Agency Total
Personal Services
Operating Expenses
Travel Expenses
Capital Equipment
Other
Totals
Distribution of OTS Funds (Benefit of): State$ $ Local $
Budget Allocation For HSP # Task #
Cost Category OTS Agency Total
Personal Services
Operating Expenses
Travel Expenses
Capital Equipment
Other
Totals $ $ $
Distribution of OTS Funds (Benefit of): State $ Local $
Total Budget OTS Agency Total
$50,000 $7,545 $57,545
Previous editions are obsolete and mai not be used. CDOT Form#1108
5/92
Attachment B,page 3 of 3
SIGNATURE PAGE
PROJECT NAME: GPS Units for Law Enforcement
PROJECT NUMBER: 07-04-41-07
CONTRACT NUMBER: 07 HTS 00043
CONTRACTS:
NAME: o N c d c o(./
TITLE: co'•'m A "'ce 'e
SIGNATURE: ,‘. cr"n
REPORTS AND CLAIMS:
NAME: K" ,v.[et/G'PR
TITLE: 0 is"c¢ w'N "Iosd4
SIGNATURE:
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 07 11/4,100043
SAP PURCHASE ORDER# 271000429
Inter-Governmental Contract
THIS GRANT CONTRACT,made this CPA day of , 2007by and
between the State of Colorado, for the use and benefit of the epartment of Transportation,
Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222,
hereinafter referred to as the State, and the Weld County Sheriffs Office, 1950 O Street,
Greeley, CO 80631,hereinafter referred to as "the Contractor".
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 400, Appropriation Code 314 Orgn 9826,GBL Number 4107 Function
8001, WBS Element 07NHTSA408DA4107,FEIN Number 846000813; and
WHEREAS,required approval, clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS,the State is authorized under Sections 43-5-401 and 24-42-103, C.R.S., as
amended, to coordinate with the federal government and other entities to develop and implement
plans and programs involving all aspects and components of traffic safety in Colorado; and
WHEREAS,pursuant to Title 23 United States Code, Sections 402,408, and 410,and to 23
Code of Federal Regulations,Parts 924, 1204 and 1205, the State has received approval and grant
funding for implementation of its Fiscal Year 2003-2005 Integrated Safety Plan(ISP), from the U.S.
Department of Transportation,National Highway Traffic Safety Administration and Federal
Highway Administration; and
WHEREAS, the ISP contains programs and activities which the State has determined,in
accordance with applicable criteria, are designed to reduce the frequency and severity of traffic
crashes or improve the operational efficiency of existing traffic safety programs in Colorado; and
WHEREAS, the State solicits and reviews grant Applications in accordance with applicable
grant program criteria and determines which agencies or entities would be most appropriate in
completing the objectives,conducting the activities and providing the services required by the ISP;
and
WHEREAS,the Contractor has submitted a grant Application to conduct certain activities
approved in the ISP,which Application has been approved by the State; and
WHEREAS,the Contractor, a political subdivision of the State,has the technical ability to
properly complete the objectives and activities of the Application, as described in Attachment B of
this contract; and
WHEREAS, it has been determined no State agency can reasonably conduct the
activities and provide the services required of the Contractor; and
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WHEREAS, this contract is executed by the State under authority of Sections 43-5-401
and 24-42-101, C.R.S., as amended, and is executed by the Contractor under authority of
(Corporation: Section 7-22-101, C.R.S., as amended, together with a copy of the bylaws or
articles of incorporation verifying the undersigned has authority to bind the Contractor, and an
attestation of the Contractor's signature by the Corporate Secretary; Partnership: the signature of
the general partner, attested to by another partner; Individual: the notarized signature of the
Contractor); and
WHEREAS, the Contractor warrants it has taken all necessary steps to ensure the individual
signatory below has the authority to sign this Contract on its behalf.
NOW THEREFORE, it is hereby agreed as follows:
1. The following Attachments and other documents are incorporated as terms and conditions
of this Contract.
A. Attachment A—Federal Regulations
B. Attachment B- Contract Objectives Plans and Evaluation
C. Attachment C- Option Letter
The Contractor shall comply with all such terms and conditions in the performance of the Work.
2. If a conflict occurs between the terms and conditions of this Contract proper and the
attachments hereto, the priority to be used to resolve such conflict shall be as follows:
A. State "Special Provisions"
B. This Contract proper
C. Attachment B- Contract Objectives and Evaluation
3. The Contractor shall perform the Work(carry out the program, conduct all the activities,
and provide the services) described in the Contract Objectives and Evaluation attached hereto as
Attachment B.
4. In the performance of the Work, the Contractor shall comply with all applicable
administrative procedures and contract requirements contained in the October 1, 1994 Colorado Highway
Safety Contract Management Manual.
5. The Contractor shall submit periodic and final reports to the State according to the
requirements of the Contract Manual and the reporting criteria set forth in page 2 of Attachment B.
6. The Contractor shall comply with the budget for this contract as set forth in page 3 of
Attachment B. The Contractor shall be solely responsible for all costs incurred in excess of this budget
amount.
7. The total estimated program costs shall be $57,545. Subject to the conditions of this
contract, the State and Contractor shall participate in providing this amount as follows:
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A. State share (federal funds)
shall not exceed $ 50,000
B. Contractor share $ 7,545
(estimated in-kind services as
detailed in application)
C. Total estimated program costs $ 57,545
The State share shall be comprised entirely of federal grant funds made available to the State. The State share
amount of this Contract shall not be exceeded without benefit of a fully executed written supplemental contract, or
other appropriate contract modification tool,executed prior to the incurrence of costs in excess of that amount. If
the actual total program costs are less than the estimated total program costs,including as a result of the
contractor's failure to supply all of the estimated contractor share, the state's share shall be reduced
proportionately. The term "proportionately" means the ratio of actual expenditures to total planned expenditures
for both State and contractor shares. The contractor may increase the contractor share without further State
approval,but this increase shall not increase the State share.
The Contactor is prepared to provide its match share of the cost.
8. PAYMENT TERMS. The State shall reimburse the Contractor for the satisfactory
performance of this Contract exclusively from funds made available for this contract under the Highway
Safety Act,Title 23,U.S.C. Section 402,410,411, 154, 157, 1906, and 2010. Such reimbursement shall
be only as provided in the Contract Manual. Such reimbursement shall be contingent upon the
contribution by the Contractor of its participating share as provided herein, and shall be contingent upon
the continuing availability of federal funds under the Highway Safety Act, Title 23 U.S.C. Section 402,
410,411, 154, 157, 1906, and 2010 for the purposes hereof.
A. The State shall reimburse the Contractor's reasonable, allocable, allowable costs of
performance, as defined herein, of the Work,not exceeding the maximum total amount described above.
(1) To be eligible for reimbursement, costs incurred by the Contractor shall be:
(a) in accordance with the provisions of Attachment A and with the terms and conditions of this
Contract;
(b) necessary for accomplishment of the Work;
(c) reasonable in amount for the goods or services purchased;
(d) actual net cost to the Contractor(i.e.,the price paid minus any refunds,rebates, or other items
of value received by the Contractor that have the effect of reducing the cost actually
incurred);
(e) incurred for Work performed subsequent to the effective date of this Contract; and
(f) satisfactorily documented.
(2) The Contractor shall establish and maintain a proper accounting system in accordance with
generally accepted accounting standards(a separate set of accounts, or as a separate and integral part of its
current accounting scheme)to assure that project funds are expended and costs accounted for in a manner
consistent with this Contract and project objectives.
(a) All allowable costs charged to the project,including any approved services contributed by the
Contractor or others, shall be supported by properly executed payrolls,time records, invoices,contracts, or
vouchers evidencing in detail the nature of the charges.
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(b) Any check or order drawn up by the Contractor for any item which is or will be
chargeable against the project account shall be drawn up only in accordance with a properly signed
voucher then on file in the office of the Contractor,which will detail the purpose for which said check or
order is drawn. All checks,payrolls, invoices,contracts, vouchers, orders, or other accounting
documents shall be clearly identified,readily accessible, and to the extent feasible, kept separate and
apart from all other such document.
B. Unless otherwise provided, and where appropriate:
(1) The State shall establish billing procedures and reimburse the Contractor, based on the
submission of monthly statements in the format prescribed by the State. To be considered for payment,
billings for payment pursuant to this contract must be received within 60 days after the period for which
payment is being requested and final billings on the contract must be received by the State within 60 days
after the end of the contract term.
(2) Payments pursuant to this contract shall be made as earned,in whole or in part, from
available funds encumbered for the purchase of the described services. The liability of the State, at any
time, for such payments shall be limited to the amount remaining of such encumbered funds.
(3) In the event this contract is terminated, final payment to the Contractor may be withheld
at the discretion of the State until completion of final audit.
(4) Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be
recovered from the Contractor by deduction from subsequent payment under this contract or other
contracts between the State and the Contractor,or by the State as a debt due to the State.
(5) The Contractor shall submit requests for reimbursement monthly, stating in the invoice a
detailed description of the amounts of services performed,the dates of performance, and amounts and
description of reimbursable expenses.
(6) The Uniform Administrative Requirements for Grants and Cooperative Contracts to
State and Local Governments (the "Common Rule"), and the applicable OMB Circulars cited therein,
shall govern the allowability and allocability of costs under this contract.
(7) Any costs incurred by the Contractor that are not allowable under the Common Rule
shall be reimbursed by the Contractor, or offset against current obligations due by the State to the
Contractor, at the State's election.
9. The term of this Contract shall begin on the effective date and shall terminate on
September 30, 2007. The effective date of this Contract shall be the date the required signature
approval of the State Controller is obtained on this Contract, as evidenced by the date first appearing
above. Contractor agrees that any contract work performed or costs incurred prior to the effective
date shall not be compensated under the terms of this Contract.
10. The Contractor agrees that any subcontract entered into under this Contract shall
meet all applicable state and federal requirements, including the requirements in Title 49, C.F.R.
Section 18.36 concerning competitive procurements, and must be approved by the Director, Office of
Transportation Safety,prior to execution. Contractor shall not assign this Contract without prior
written approval of the State: any assignment without such approval shall be void.
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11. a) Tciuiination Due to Loss of Funding. The parties hereto expressly recognize the
Contractor is to be paid,reimbursed, or otherwise compensated solely with federal funds provided to
the State for the purpose of contracting for the services provided for herein. Therefore, the Contractor
expressly understands and agrees all its rights,demands and claims to compensation arising under this
Contract are contingent upon receipt of such funds by the State. In the event such funds or any part
thereof are not received by the State,the State may immediately terminate or amend this Contract.
b) Termination for Cause. If, for any cause, the Contractor shall fail to fulfill in a
timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of
the covenants,Contracts or stipulations of this Contract, the State shall thereupon have the right to
terminate this Contract for cause by giving written notice to the Contractor of such termination and
specifying the effective date thereof, at least 30 days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies, surveys,drawings,maps,models,
photographs and reports or other material prepared by the Contractor under this Contract shall, at the
option of the State,become its property,and the Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other materials.
Any provision of this contract to the contrary notwithstanding,in the event termination of this contract
becomes necessary,in the state's sole discretion, to comply with any court order concerning state
personal services contracts generally or this contract, specifically, this contract may be terminated by
the state immediately upon the giving of notice to contractor without further obligation of the state.
c)Termination for Convenience. The State may terminate this Contract at any time
the State determines the purposes of the distribution of monies under the Contract would no longer be
served by completion of the Project. The State shall effect such termination by giving written notice
of termination to the Contractor and specifying the effective date thereof,at least 20 days before the
effective date of such termination.
12. Pursuant to CRS 24-30-202.4(as amended), the state controller may withhold debts
owed to state agencies under the vendor offset intercept system for: (a)unpaid child support debt or child
support arrearages; (b)unpaid balance of tax, accrued interest, or other charges specified in Article 22,
Title 39,CRS; (c)unpaid loans due to the student loan division of the Department of Higher Education;
(d)owed amounts required to be paid to the unemployment compensation fund; and(e) other unpaid debts
owing to the state or any agency thereof, the amount of which is found to be owing as a result of final
agency determination or reduced to judgement as certified by the controller.
13. Federal Funding. This contract is subject to and contingent upon the continuing
availability of Federal funds for the purposes hereof The parties hereto expressly recognize that the
contractor is to be paid,reimbursed, or otherwise compensated with funds provided to the State by the
Federal Government for the purpose of contracting for the services provided for herein, and therefore, the
contractor expressly understands and agrees that all its rights, demands, and claims to compensation
arising under this contract are contingent upon receipt of such funds by the State. In the event that such
funds or any part thereof are not received by the State, the State may immediately terminate this contract
without liability, including liability for termination costs.
14. The Contractor shall maintain a complete file of all records,documents,
communications,and other written materials which pertain to the operation of programs or the delivery
of services under this contract, and shall maintain such records for a period of three (3)years after the
date of termination of this contract or final payment hereunder,whichever is later,or for such further
period as may be necessary to resolve any matters which may be pending. All such records, documents,
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communications and other materials shall be the property of the State, and shall be maintained by the
Contractor in a central location and the Contractor shall be custodian on behalf of the State.
15. The Contractor, and its subcontractors, shall permit the State, Federal Government, or
any other duly authorized agent of a governmental agency to audit, inspect, examine,excerpt, copy
and/or transcribe Contractor's records during the term of this contract and for a period of three (3)years
following termination of this contract or final payment hereunder,whichever is later,to assure
compliance with the terms hereof, or to evaluate the Contractor's performance hereunder. The Contractor
shall also permit these same described entities to monitor all activities conducted by the Contractor
pursuant to the terms of this contract. As the monitoring agency may in its sole discretion deem
necessary or appropriate, such monitoring may consist of internal evaluation procedures, examination of
program data, special analyses, on-site check, or any other reasonable procedure.
16. All state and local government and non-profit organization Contractor's receiving more
than$500,000 from all funding sources,that are defined as federal financial assistance for Single Audit
Act Amendment purposes, shall comply with the audit requirements of OMB A-133 (Audits of
Institutions of Higher Education and Other Non-profit Organizations),whichever applies. The Single
Audit Act Amendment requirements that apply to Contractor's receiving federal funds are as follows:
• If the subcontractor expends less than $500,000 in Federal funds (all sources,not just Highway
funds)in its fiscal year then this requirement does not apply.
• If the subcontractor expends more than$500, 000 in Federal funds,but only received Highway funds
(Catalog of Federal Domestic Assistance, CFDA 20.610)then a program specific audits may be
performed. This audit will in only examine the "financial"procedures and processes for this
program area.
• If the subcontractor expends more than$500,000 in Federal funds, and the Federal funds are from
multiple sources(FTA,HUD,NPS,etc.,)then the Single Audit Act applies,which is an audit on the
entire organization/entity.
• Single Audit can only be conducted by an independent auditor,not by an auditor on staff.
• Audit requirements are laid out in Subpart E-Auditors
• Audit is an allowable direct or indirect cost.
17. Rights in Data, Documents, and Computer Software
A. State Ownership. If State funds are used under this contract, any software,research,
reports, studies, data,photographs,negatives or other documents, drawings or materials prepared by
contractor in the performance of its obligations under this contract shall be the exclusive
property of the State and all such materials shall be delivered to the State by the contractor
upon completion, termination, or cancellation of this contract. Contractor may, at its own
expense, keep copies of all its writings for its personal files. Contractor shall not use, willingly
allow, or cause to have such materials used for any purpose other than the performance of
contractor's obligations under this contract without the prior written consent of the State;
provided, however, that contractor shall be allowed to use non-confidential materials for
writing samples in pursuit of the work. The ownership rights described herein shall include,
but not be limited to, the right to copy,publish, display, transfer,prepare derivative works, or
otherwise use written works.
B. Federal Reserved Rights. If Federal funds are used under this contract,except for its
own internal use,the contractor shall not publish or reproduce any data/information, in whole or part,
that is recorded in any form or medium whatsoever and that is delivered or specified to be delivered
under this contract,nor may it authorize or permit others to do so,without the written consent of the
federal government,through the State,until such time as the state/federal government may have
released such data/information to the public. As authorized by 49 C.F.R. 18.34,the federal
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government,through the State,reserves a royalty free nonexclusive, and irrevocable license to
reproduce,publish or otherwise use, and to authorize the State and others to use: a)any work
developed under this contract or a result in third party contract irrespective of whether it is
copyrighted; and b) any rights of copyright to which a contractor, subrecipient, or third party contractor
purchases ownership with federal assistance. The State also reserves an identical license for its use.
C. Patent Rights. If any invention, improvement, or discovery of the contractor or any of its
subcontractors is conceived or first actually reduced to practice in the course of or under this contract
work, and if such is patentable,the contractor shall notify the State immediately and provide a detailed
written report. The rights and responsibilities of the contractor, third party contractors, and the State
with respect to such invention, improvement, or discovery will be determined in accordance with
applicable state (and/or, if federal funds are used under this contract, federal) laws and
regulations in existence on the date of execution of this contract which define contractor title,
right to elect title, state/federal government "march in"rights, and the scope of the state/federal
government's right to a nonexclusive, irrevocable, paid-up license to use the subject invention
for its own. The contractor shall include the requirements of this paragraph in its third party
contracts for the performance of the work under this contract.
18. APPLICABLE LAW. The Contractor shall at all times during the execution of this
contract strictly adhere to, and comply with, all applicable federal and state laws, and their implementing
regulations,as they currently exist and may hereafter be amended,which are incorporated herein by this
reference as terms and conditions of this contract. The contractor shall also require compliance with
these statutes and regulations in subgrant Contracts permitted under this contract. A listing of federal
laws that may be applicable, depending on the Contractor work responsibilities under this contract, are
described in ATTACHMENT A.
19. CONTRACT AMENDMENTS. Amendments to the"not to exceed"
amount, any other modification or amendment to the terms and conditions of this contract other than as
specified in this paragraph,must be in writing, either through a written supplemental agreement, or as
otherwise provided for below.
Option Letters may be used to extend contract term, increase or decrease amount of goods/services,
increase or decrease total contract value. (Attachment C)
A. For use when extending services.The State may require continued performance for
services at the rates and terms specified in the contract. The state may exercise the option by written
notice to the contractor within 60 days prior to the end of the current contract term in a form substantially
equivalent to Attachment C. If the state exercises this option,the extended contract will be considered to
include this option provision. The total duration of this contract, including the exercise of any options
under this clause, shall not exceed 3 years.
B. For use when increasing quantities. The state may increase the quantity of
goods/services described Attachment B (Contract Objective Plans and Evaluation)at the unit prices
established in the contract. The state may exercise the option by written notice to the contractor within
60 days before the option begins in a form substantially equivalent to Attachment C.
Delivery/performance of the goods/service shall continue at the same rate and under the same terms as
established in the contract.
C. For use when increasing or decreasing the total contract price. The state may unilaterally
increase/decrease the maximum amount payable under this contract based upon the unit prices established
in the contract and the schedule of services required, as set by the state. The state may exercise the option
by providing a fully executed option to the contractor, in a form substantially equivalent to Attachment C,
immediately upon signature of the State Controller or his delegate. Performance of the service shall
continue at the same rate and under the same terms as established in the contract.
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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 Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after
the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
3. INDEMNIFICATION. Contractor 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
Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
contract.
[Applicable Only to Intergovernmental Contracts]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,
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.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder
as an independent contractor and not as an employee. Neither contractor nor any agent or employee
of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall
pay when due all required employment taxes and income taxes and local head taxes on any monies
paid by the state pursuant to this contract. Contractor acknowledges that contractor and its
employees are not entitled to unemployment insurance benefits unless contractor or a 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 any agreement,
liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in
force workers' compensation (and provide proof of such insurance when requested by the state) and
unemployment compensation insurance in the amounts required by law and shall be solely
responsible for its acts and those of its employees and agents.
5. NON-DISCRIMINATION. 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 applied in the interpretation, execution, and enforcement of this contract. Any
provision of this contract, whether or not incorporated herein by reference, which provides for
arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules,
and regulations shall be considered null and void. Nothing contained in any provision incorporated
herein by reference which 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 complaint, defense,
or otherwise. Any provision rendered null and void by the operation of this provision will not
invalidate the remainder of this contract, to the extent that this contract is capable of execution. At
all times during the performance of this contract, Contractor shall strictly adhere to all applicable
federal and State laws, rules, and regulations that have been or may hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202
(1) and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State
agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21,Title
39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education;
(d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid
debts owing to the State or its agencies, as a result of final agency determination or reduced to
judgment, as certified by the State Controller.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
No State or other public funds payable under this contract shall be used for the acquisition, operation,
8
or maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies that, for the term of this contract and any extensions,
Contractor has in place appropriate systems and controls to prevent such improper use of public
funds. If the State determines that 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 this contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver
that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever
in the service or property described in this contract.
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS-PUBLIC CONTRACTS
FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-
101. Contractor certifies that it shall comply with the provisions of CRS 8-17.5-101 et seq. Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter
into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through
participation in the Basic Pilot Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security, and (ii) otherwise shall comply with the
requirements of CRS 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the
course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment.
Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for
termination for breach and Contractor shall be liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant
to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq., and (iii) shall produce one
form of identification required by CRS 24-75.5-103 prior to the effective date of this contract.
Revised October 25, 2006 Effective date of Special Provisions: August 7, 2006
9
Signature Page
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
t r,J . vern
Weld County,Colorado By
Legal Name of Contracting Entity T{1'- Executive Director
84-6000-813 (<',kc% r$X'; 1'l, c`_ \+:lwL34°:TakatrC,
Social Security Number or FEIN Department/Agency
LEGAL REVIEW:
Signature of Authorized Officer
FEB 1 2001 JOHN W SUTHERS,ATTORNEY GENERAL
David E. Long,Chair, Board of <y
County Commissioners By
Print Name&Title of Authorized Officer
CORPORATIONS: �� v
(A corporate attestation is required) .M2ao/
Weld County Clerk to 5
Attest(Seal)By 5,1'1c24e/J7 ✓Ti7ttr
Deputy Cler to the Board r 3,`c�' /"lace corporate seal here)
TI
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract 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 contract is signed and dated 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.
STATE CONTROLLER:
Leslie M. Shenefelt
Date
10
c9ait7- °Sets—
ATTACHMENT A: FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A.0 The "Uniform Administrative Requirements for Grants and Cooperative Contracts to
State and Local Governments(Common Rule), at 49 Code of Federal Regulations, Part 18,
except to the extent that other applicable federal requirements(including the provisions of
23 CFR Parts 172 or 633 or 635-see below) are more specific than provisions of Part 18
and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include,
without limitation:
1) the Local Agency/Contractor shall follow applicable procurement procedures, as
required by section 18.36(d);
2) the Local Agency/Contractor shall request and obtain prior CDOT approval of
changes to any subcontracts in the manner, and to the extent required by,applicable
provisions of section 18.30;
3) the Local Agency/Contractor shall comply with section 18.37 concerning any
subgrants;
4) to expedite any CDOT approval,the Local Agency/Contractor's attorney,or
other authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section 18.30 change order procedures, and with
18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable;
5) the Local Agency/Contractor shall incorporate the specific contract provisions
described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s)
for such services as terms and conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as
supplemented in Department of Labor regulations (41 CFR Chapter 60)(These provisions
apply to all construction contracts awarded in excess of$10,000 by grantees and their
contractors or subgrantees).
C. The Copeland "Anti-Kickback" Act(18 U.S.C. 874) as supplemented in Department of
LOabor regulations (29 CFR Part 3) (These provisions apply to all contracts and subgrants
for construction or repair).
D. The Davis-Bacon Act(40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (These provisions apply to construction contracts in excess of
$2,000 awarded by grantees and subgrantees when required by Federal grant program
legislation. This act requires that all laborers and mechanics employed by contractors or
sub-contractors to work on construction projects financed by federal assistance must be
paid wages not less than those established for the locality of the project by the Secretary of
Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (These
provisions apply to construction contracts awarded by grantees and subgrantees in excess
of$2,000, and in excess of$2,500 for other contracts which involve the employment of
Omechanics or laborers).
F. Standards,orders,or requirements issued under section 306 of the Clear Air Act(42
U.S.C. 1857(h),section 508 of the Clean Water Act(33 U.S.C. 1368). Executive Order
11738,and Environmental Protection Agency regulations (40 CFR Part 15) (contracts,
subcontracts, and subgrants of amounts in excess of$100,000).
G. Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(Pub. L. 94-163).
H. Office of Management and Budget Circulars A-87,A-21 or A-122, and A-102 or A-110,
whichever is applicable.
I. The Hatch Act(5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes
state that federal funds cannot be used for partisan political purposes of any kind by any
person or organization involved in the administration of federally-assisted programs.
J. 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation,45 C.F.R.
Part 80 et. seq.. These acts require that no person shall,on the grounds of race, color,
national origin, age, or handicap, be excluded from participation in or be subjected to
discrimination in any program or activity funded, in whole or part,by federal funds;
K. The Americans with Disabilities Act(Public Law 101-336; 42 USC 12101, 12102, 12111-
12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and
47 USC 611.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act,as
amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (This
statute applies if the contractor is acquiring real property and displacing households or
businesses in the performance of this contract.)
M. The Drug-Free Workplace Act(Public Law 100-690 Title V, subtitle D,41 USC 701 et
It . .
N. The Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seq. and its
implementing regulation,45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84.
O. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related
Contracts". If Engineering and Design work is to be performed under this contract,
GRANTEE shall obtain from CDOT and comply with CDOT's "PROCEDURES TO
IMPLEMENT FEDERAL-AID PROJECT CONTRACTS WITH PROFESSIONAL
CONSULTANT SERVICES"
P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid
Construction Contracts".If Construction work is to be performed under this contract,
GRANTEE shall obtain from CDOT and comply with FIIWA Form-1273.
Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title IV of the Civil Rights Act of 1964-Title VI of the Civil Rights Act of 1964,as
amended,provides that no person shall on the grounds of race,color,national origin, sex,
age,or disability,be excluded from participation in,be denied the benefits of,or be
subjected to discrimination under any program or activity receiving Federal financial
assistance. The Civil Rights Restoration Act of 1987 amended Title VI to specify that entire
institutions receiving Federal funds,whether schools and colleges, government entities, or
private employers - must comply with Federal civil rights laws, rather than just the
particular programs or activities that receive the funds.
Nondiscrimination programs require that Federal-aid recipients,sub-recipients and
contractors prevent discrimination and ensure nondiscrimination in all of their
programs and activities,whether those programs and activities are federally funded
or not. If a unit of a State or local government is extended Federal-aid and
distributes such aid to another governmental entity,all of the operations of the
recipient and sub-recipient are covered. Corporations,partnerships, or other private
organizations or sole proprietorships are covered in their entirety if such entity
receives Federal financial assistance
ATTACHMENT C
OPTION LETTER
Date: State Fiscal Year: Option Letter No.
SUBJECT: (Please indicate purpose by choosing one of the following)
1 - Option to renew only (loran additional term)
2- Change in the amount of goods within current term
3 - Change in amount of goods in conjunction with renewal for additional term
4- Level of service change within current term
S Level of service change in conjunction with renewal for additional term
In accordance with Paragraph(s) of contract routing number FY Agency Routing,
between the State of Colorado, Department of Transportation, and contractor's name the state hereby
exercises the option for an additional term of include performance period here at a cost/price
specified in Paragraph/Section/Provision . AND/OR an increase/decrease in the amount of
goods/services at the same rate(s) as specified in Paragraph/Schedule/Exhibit
The amount of the current Fiscal Year contract value is increased/decreased by $ to a
new contract value of$ to satisfy services/goods ordered under the contract for the
current fiscal year indicate Fiscal Year.The first sentence in Paragraph/Section/provision is
hereby modified accordingly.
Fund CO PR PO Func G/L Account Fund Ctr WBS/ Project Amount
The total contract value to include all previous amendments, option letters, etc. is $
APPROVALS:
State of Colorado:
Bill Ritter Jr., Governor
By: Date:
Executive Director
Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract 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 contract is signed and dated
below. If performance begins prior to the date below,the State of Colorado may not be
obligated to pay for goods and/or services provided.
State Controller
Leslie M. Shenefelt
By:
Date:
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Colorado Depanwent of Transportation Ira
,OT
Traffic/Safety Engineering,3r°Floor G L
4201 E.Arkansas Avenue
Denver,Colorado 80222 .a��m.
April 10, 2007
Cmndr. Ken Poncelow
1950 "O" Street
Greeley, CO 80631
Re: Contract# 07 HAA 00043
The agreement between the Colorado Department of Transportation and the
Weld County Sheriff's Office has been fully executed.
You are authorized to utilize these funds for the purposes outlined in the
agreement on the start day of April 9, 2007.
A signed copy of the contract will be mailed to your attention. Please contact me
at (303) 757-9468 if you have any questions.
Sincerely,
0v
, 8
Carol Gould d 0 / O
7
Programs Manager ` D
J O7
CC: file 0&VIf/
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