HomeMy WebLinkAbout20071322.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL CONTRACT FOR TEEN TRAFFIC SAFETY
PROGRAM 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 Teen
Traffic Safety Program between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Sheriffs Office, and the
Colorado Department of Transportation, commencing upon full execution, and ending March 31,
2008, with further terms and conditions being as stated in said contract, and
WHEREAS, a hearing before the Board was held on the 9th day of May, 2007, at which
time the Board deemed it advisable to continue said matter to May 14, 2007, at 9:00 a.m., and
WHEREAS, at said hearing on May 14, 2007, 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 Teen Traffic Safety Program between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Sheriff's 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 May, A.D., 2007.
BOA- • OF COUNTY COMMISSIONERS
_��A WELD UNTQY, COLORADO
ATTEST: ikAr""! n `E/ita c��1 l
►= 5,1
id E. Long, Chair
Weld County Clerk to the Bo
861 ,r USED
a H. Jerk Pro-Tem
BY: �4rrlcx
Deputy Cle to the Board 1t VI \,`
`-r-c>" William F Garcia
Ac\\APP D AS TO •
(1),
Bert D. Masden
ounty Attorney cmcyr 42. se vneel-
Date of signature:
5_17-c'7 oougasRad'emacher
2007-1322
SO0028
60 ; SOC?e 10 65i o.7
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Colorado Department of Transportation �� ��
Traffic/Safety Engineering,
4201 E.Arkansas Avenue,3id floor
Denver,Colorado 80222 _ t-oi
May 1, 2007
Ken Poncelow
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
RE: Contract# 07-6107
Dear Ken,
Enclosed, please find four agreements between the Colorado Department of
Transportation and 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 blue signature page to me at the above address. A
fully executed contract will be sent to you upon completion of the contracting process.
Please initial on the Safety Programs Transmittal sheet under `Vendor' and date it under
#6 on the transmittal sheet.
If you have questions or need further information, please contact me at 303.757.9465.
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,
frj( o-C
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David Hancock f?'@ —J wo
Program Manager C cc
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Program Manager —
2007-1322
COLORADO DEPARTMENT OF TRANSPORTATION
SAFETY PROGRAMS TRANSMITTAL - HEADQUARTERS
/
ISP Project # 07-06-61-07 V WBS Element 07ADMPLN402.6107
CLIN # 07 HTS 00008 ✓ Purchase Requisition
Contractor Weld County Sheriff/ State Share $ $31,000.00 ✓
Project Description Teen Traffic Safety
From: David Hancock (x79465) Date: 4/18/2007
Request: Contract Signature
Instructions: Please process the Attachments according to Action below, Initial and Date
this page and forward to the next applicable Reviewer.
Please process as timely as possible. Thank you.
Reviewer Initial Date
1. Program Supervisor I
2. Safety Education and Enforcement Manager c 537—__L—C7
3. Safety Program Manager y7- j �, 1 7
4. Branch Manager �' I/4- �, / y
5a. CDOT Purchasing
5b. Audit($100K or over only)
5c. Human Resources (Sole Source only)
6. Vendor
7a. Staff Services Director(Less than $100K)
7b. Chief Engineer($100K or over)
8. Attorney General's Office
9. CDOT Controller
Attachments: Cover Letter/Memo
Contract (Signed), SOWork, Budget (3 originals)
COFRS CLIN Screen Sheet
Notes: Intergovernmental Contract (Weld County) ,/
Please return this completed package (including this Transmittal Sheet) to:
David Hancock (x79465)
Safety and Traffic Engineering Branch
4201 East Arkansas Ave., EP 770
Denver, Colorado 80222-3400
303-757-9219 fax
3/24/2005
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 07 HTS 00008
SAP# J22 cc 5-5-7
Inter-Governmental Contract
THIS GRANT CONTRACT, made this /31 day of ;, , 200by and
between the State of Colorado, for the use and benefit of the Department of Transportation,
Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222,
hereinafter referred to as the State, and the Weld County Sheriff's 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 300 Orgn Unit 9823, GBL Number 6107,
Function 8001 , WBS Element 07ADMPLN402.6107 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 402,408,410,411, 154, 157,
1906, and/or 2010, and to 23 Code of Federal Regulations, Parts 924, 1200, 1204 and 1205, the State
has received approval and grant funding for implementation of its Fiscal Year 2007-2009 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
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 Requirements
B. Attachment B- Contract Objectives Plans and Evaluation
E. 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 1 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 $ 52,912.00. Subject to the conditions of this contract,
the State and Contractor shall participate in providing this amount as follows:
A. State share(federal funds)
shall not exceed $ 31,000.00
B. Contractor share $ 21,912.00
(estimated in-kind services as
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detailed in application)
C. Total estimated program costs $ 52,912.00 v
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 402,408,410, 411, 154, 157, 1906, and/or 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 >r
be contingent upon the continuing availability of federal funds under the Highway Safety Act, Title 23,
U.S.C. Section 402, 408, 410,411, 154, 157, 1906, and/or 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.
(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
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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 (49 CFR 18 ), and the applicable OMB Circulars cited therein, including
A-87 shall govern the allowahility and allocability of costs under this contract.
(7) Any costs incurred by the Contractor that are not allowable under the A-87 and 49 CFR
18 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
March 31, 2008. 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 he void.
11. a) Termination 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
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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,
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.
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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 20.600)then a program specific audit 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
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
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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 B.
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. (Sample Option Letter- 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 in 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.
S. 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.
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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,
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:
11 ' ' �i Jr. overn r
Weld County, Colorado By
Legal Name of Contracting Entity
/� ecutive Director
84-6000-813
oci Security Number or FEIN Colorado Department of Transportation
C J LEGAL REVIEW:
Signature of Authorized Officer
MA 1 4 2001 JOHN W SLITH
�ERS,ATTORNEY GENERAL
David E. Long, Chair By ` H l r
Print Name&Title of Authorized Officer
CORPORATIONS: 4 \
(A corporate attestati required. t �,
��(yyy,,,yyy r11161 D1�
Attest(Seal)By dti4I ,031 d nt �
(Co ate Secre or Equivalent,or own/City/County Clerk) A. ® 1 t,• to
ALL CONTRACTS MUST BE APPROVED BY THE STA ' •NTROLLER
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 henefelt '
-717
Date 6 / ' •
10
,7047-/3 .7?
Effective Date: July 1, 2003
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
11
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 seq.).
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 FHWA Form-1273.
Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title VI 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
12
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.
13
Colorado Department of Transportation
Contract Objective Plan Attachment B
State Program: Public Ways Contracting Agency: Weld County Sheriff's Office
State Sub-Program: Transportation Safety Project Coordinator: Ken Poncelow
Problem Solution Plan: Occupant Protection Contract Period: Effective date to March 31,2008 t--
Project#: 07-6107 HSP# 07-06-61-07 Task# 07-06-61-07
Objective: Teenage drivers, especially beginning drivers and teenage passengers are in a high risk bracket for crashes and
fatalities.This project will address teens'safety belt usage by involving parents to encourage their children to use
safety belts. The project will also conduct activities in high schools to inform students of consequences of non-usage
of safety belts and reward students that use their safety belt. The 2005 seat belt use rate for the 16 to 20 year old
age group in Weld County was 78.0%.
Activity Description
Task Program Administration:
Activity # A. Develop/Create a letter of agreement between Weld County Sheriff's Department and the parents of Weld
County Elementary students stating that the parents agree, along with all other occupants of their vehicle,
06-61-01 to wear seat belts while traveling in a moving vehicle.
B. Distribute letter of agreements during elementary school planned"Seat Belt Safety"educational assemblies
and/or classroom presentations.
C. Host an Ice Cream social with the one classroom from each elementary school that returns the most signed
letters of agreements to wear seat belts.
D. Monthly, contact and reward 2 students from every High School for wearing their seat belt, and having all
occupants of their vehicle in seat belts.
E. Monthly, identify drivers in High School parking lots that are not wearing seat belts. Send letter to the
registered vehicle owner.
F. Establish a traffic safety committee at Weld County high schools that will be facilitated by Weld County
Sheriff's deputies but led by students. Activities will be conducted by students and rewards given to
students for seat belt usage. Stipend given to each school to pay for activities.
a. Develop/Create a letter from the Weld County Sheriff's Office explaining the importance of seat
belt usage. This letter will be sent to all registered owners of vehicles observed with non- seat belt
usage.
G. Produce and conduct a media campaign, working directly with the CDOT Public Relations Office and in
collaboration with Catholic Charities Northern, addressing seat belt usage in farm workers in Weld County
(to be utilized by farm worker service providers through a localized effort with radio and trade or print ads.
H. Produce and conduct a media campaign, working directly with the CDOT Public Relations Office and in
collaboration with Catholic Charities Northern, addressing seat belt use in the north Weld County farmer
population.This will be done through seat belt education presentations and through print media
distribution at shops and stores that farmers come to frequently.
I. Coordinate program efforts with other local teen traffic/highway safety projects, such as"Drive
Smart"and various local community entities.
J. Develop a pre/post and 3 month seat belt survey to be used to track seat belt usage/non-usage in Weld
Task Activity# County High School parking lots, in conjunction with the high school educational outreach.
Information and Access
06-61-02 A. Educate a minimum of 10,000 elementary school students and parents.
B. Educate a minimum of 5,000 high school students and parents.
C. Coordinate program activities with other local traffic safety entities, such as Catholic Charities Northern,
and the Drive Smart Weld County Coalition.
D. Coordinate any external campaign media program activity information with the Public Relations Office of
the Colorado Department of Transportation. The CDOT Public Relations office will administer the placing of
external campaign media support and coordination of the program activities, especially earned media.
Task Activity #
Program Reporting
06-61-03 A. Provide quarterly reports by June 30, August 30, September 30 and December 31, 2007. Submit cost
incurred claims on a regular basis for the duration of the contract.
B. Submit a final report and claim for costs incurred no later than November 15, 2007. The final report will
include a program effectiveness evaluation, program process data and recommendations for future teen
traffic safety/seat belt activities.
Previous editions are obsolete and may not be used. COOT Form#1106
7/92
Attachment A,page 1 of 3
Colorado Department of Transportation
Contract Evaluation Data Attachment B
Project#: 07-6107 HSP# 07-06-61-07 Task# 07-06-61-07
Task
Type of Report
Activity Evaluation Description Evaluation Time Frame
Program Administration:
07-61-01 A. Develop/Create a letter of agreement between Weld County Sheriff's Performance Quarterly/Final
Department and the parents of Weld County Elementary students stating that
the parents agree,along with all other occupants of their vehicle,to wear
seat belts while traveling in a moving vehicle.
B. Distribute letter of agreements during elementary school planned"Seat Belt
Safety"educational assemblies and/or classroom presentations.
C. Host an Ice Cream social with the one classroom from each elementary
school that returns the most signed letters of agreements to wear seat belts.
D. Monthly, contact and reward 2 students from every High School for wearing
their seat belt, and having all occupants of their vehicle in seat belts.
E. Monthly, identify drivers in High School parking lots that are not wearing seat
belts. Send letter to the registered vehicle owner.
F. Establish a traffic safety committee at Weld County high schools that will be
facilitated by Weld County Sheriff's deputies but led by students. Activities
will be conducted by students and rewards given to students for seat belt
usage. Stipend given to each school to pay for activities.
a. Develop/Create a letter from the Weld County Sheriff's Office explaining
the importance of seat
belt usage. This letter will be sent to all registered owners of vehicles
observed with non-seat belt
usage.
G. Produce and conduct a media campaign, working directly with the CDOT
Public Relations Office and in collaboration with Catholic Charities Northern,
addressing seat belt usage in farm workers in Weld County (to be utilized by
farm worker service providers through a localized effort with radio and trade
or print ads.
H. Produce and conduct a media campaign, working directly with the CDOT
Public Relations Office and in collaboration with Catholic Charities Northern,
addressing seat belt use in the north Weld County farmer population. This
will be done through seat belt education presentations and through print
media distribution at shops and stores that farmers come to frequently.
I. Coordinate program efforts with other local teen traffic/highway safety
projects, such as"Drive
Smart"and various local community entities.
J. Develop a pre/post and 3 month seat belt survey to be used to track seat belt
usage/non-usage in Weld County High School parking lots, in conjunction
with the high school educational outreach.
Information and Access
07-61-02 A. Educate a minimum of 10,000 elementary school students and parents. Performance Quarterly/Final
B. Educate a minimum of 5,000 high school students and parents.
C. Coordinate program activities with other local traffic safety entities, such as
Catholic Charities Northern, and the Drive Smart Weld County Coalition.
D. Coordinate any external campaign media program activity information with
the Public Relations Office of the Colorado Department of Transportation.
The CDOT Public Relations office will administer the placing of external
campaign media support and coordination of the program activities,
especially earned media.
07-61-03 Program Reporting Performance Quarterly/Final
A. Provide quarterly reports by April 20, July 20, and October 2007. Submit cost
incurred claims on a regular basis for the duration of the contract.
B. Submit a final report and claim for costs incurred no later than November 15,
2007. The final report will include a program effectiveness evaluation, program
process data and recommendations for future teen traffic safety/seat belt
activities.
Previous editions are obsolete and may not be used. COOT Forth#1107 Attachment B
8/93
Attachment A page 2 of 3
Colorado Department of Transportation
Contract Financial Budget Project#07-6107
Budget Allocation For HSP # 07-06-61-07 Task # 07-06-61-07
Cost Category OTS Agency Total
Personal Services
Operating Expenses $31,000 - $21,912 $52,912
Travel Expenses
Capital Equipment
Other
Totals $31,000 - $21,912 $52,912
Distribution of OTS Funds (Benefit of): Total
State $31,000 Local $28,136
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 $
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
$31,000 $21,912 $52,912
Previous editions are obsolete and may not be used. CDOT Form#1108 Attachment A ,page 3 of 3
OPTION LETTER
Attachment C
Date: State Fiscal Year: Option Letter No.
SUBJECT: (P/ease indicate purpose by choosing one of the following)
1 - Option to renew only (for an 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. Phis 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:
14
AUTHORIZED SIGNERS
PROJECT NAME: TEEN SEAT BELT EDUCATION IN WELD COUNTY
PROJECT NUMBER: 07-06-61-07
CONTRACT NUMBER: 07 HTS 00008
DESIGNATED SIGNER FOR CONTRACTS:
NAME: iJ v , 0k [ Q:,3
TITLE: C 'r
SIGNATURE: z
DESIGNATED SIGNER FOR REPORTS AND CLA S:
NAME: RAUI- M, Vs1O&b
TITLE: Co ,
SIGNATURE: -eanC
THE SOLE PURPOSE OF THIS DOCUMENT IS TO IDENTIFY INDIVIDUALS
AUTHORIZED TO SIGN THE ABOVE DOCUMENT(S). THIS DOCUMENT DOES
NOT ACT AS OR REPLACE THE CONTRACT SIGNATURE PAGE.
MEMORANDUM
DEPARTMENT OF TRANSPORTATION I QT
Center for Procurement
4201 E. Arkansas Avenue, Room 150
Denver, Colorado 80222
FAX (303) 757-9669
DATE: June 20, 2007
TO: Weld County Sheriffs Office
1950 0 Street
Greeley, Colorado 80631
SUBJECT: Project# N/A
Please find enclosed your copy or (original) of the referenced contract.
NOTE: WORK SHALL NOT COMMENCE UNTIL A WRITTEN NOTICE TO PROCEED
HAS BEEN ISSUED BY THE COLORADO DEPARTMENT OF TRANSPORTATION
REPRESENTATIVE.
Copies/original of this contract have been distributed this date to the following:
• CDOT Files
• Business/Headquarters Staff Manager
• Vendor/Government agency
• CDOT Representative
Sincerely,
Linda King JUN22 07 3:50PM
Center for Procurement
And Contract Services
(303) 757-923
Hello