HomeMy WebLinkAbout20020524.tiff RESOLUTION
RE: APPROVE GRANT CONTRACT FOR HIGHWAY SAFETY PROGRAM AND
AUTHORIZE CHAIR TO SIGN
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 a Grant Contract for the Highway
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, commencing upon full execution of said contract, and
ending September 30, 2002, 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 Grant Contract for the Highway 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 4th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WE0 C�OU COLORADO
ATTEST: �'LI/ � Ld-
� �►� ' � GI Vaad, Chair
any I h
Weld County Clerk to t` ' - i.�0 giC?
4$ David E. L , Pro- er1S
BY: �u v i • �.� O
Deputy Clerk to the Bo��.
J. eile
4PPRQ/ED 1;7 '�Yv-42
' L/ William H. Jerke
Aourr i AFtforrley �� EXCUSED
Robert D. Masden
Date of signature: �t 7
2002-0524
�,� , ,so SO0023
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Lexi Wilson ,
Colorado
Department of Transportation a 0l T Headquarters Traffic/Safety Engineering
4201 E.Arkansas Avenue =aeon���Denver,Colorado Avenue
(303)757-9446
February 26, 2002
Deputy John Tucker
Weld County Sheriffs Office
910 10th Avenue
Greeley, CO 80631
Dear Deputy Tucker:
For signature and attestation, please find four agreements between the Colorado
Department of Transportation and the Weld County Sheriffs Office. Please have the
four agreements signed and attested where marked and return three agreements to me at
the above address for further routing. One original can be kept for your records. Please
return the completed blue signature page with the contracts for our file. A fully executed
contract will be sent to you upon completion of all signatures.
Should you have questions or need anything further, please do not hesitate to contact me
at 303-757-9446.
S erely,
I • Ca
Lexi Wilson
Program Assistant
CC: file
S. Olson
H. Leweling
2002-0524
SIGNATURE PAGE
PROJECT NAME:
PROJECT NUMBER:
CONTRACTS:
NAME:
TITLE:
SIGNATURE:
REPORTS AND CLAIMS:
NAME:
TITLE:
SIGNATURE:
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 02 FITS 00072
GRANT CONTRACT
rd-
THIS GRANT CONTRACT, made this 3 day of Apr , I , 2042.by
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 WELD COUNTY SHERIFF'S
OFFICE, 910 10th Avenue, Greeley, Colorado, 80631,a Governmental Agency, hereinafter
referred to as "the Grantee" or"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 303 ,Org. Unit 9836 ,
Function 9705 , GBL Number 211A , FEIN Number 846000813D ; 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 2002-2004 Highway Safety
Plan (HSP),from the U.S.Department of Transportation,National Highway Traffic Safety
Administration and Federal Highway Administration; and
WHEREAS,the HSP 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 HSP; and
WHEREAS,the Grantee has submitted a grant Application to conduct certain
activities approved in the HSP, which Application has been approved by the State; and
WHEREAS, the Grantee,a political subdivision of the State,has the technical ability
to properly complete the objectives and activities of the Application,as described in
Attachment A of this contract;and
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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 2442-101, 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. State "Special Provisions"
B. Attachment A-Contract Objective and Tasks -Scope of Work("the Work")
C. Office of Transportation Safety Contract Management Manual
D. The Project Application
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 A
D. Office of Transportation Safety Contract Management Manual
E. The Project Application
3. The Contractor shall perform the Work(carry out the program,conduct all the activities,
and provide the services)described in the Scope of Work attached hereto as Attachment A.
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 A.
6. The Contractor shall comply with the budget for this contract as set forth in page 3 of
Attachment A. The Contractor shall be solely responsible for all costs incurred in excess of this budget
amount.
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7. The total estimated program costs shall be$363,044.00. 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 $181,522.00
B.Contractor share $181,522.00
(estimated in-kind services as
detailed in application)
C.Total estimated program costs $363,044.00
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 Grantee is prepared to provide its match share of the cost.
8. PAYMENT TERMS -COST REIMBURSEMENT. 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. 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,for the purposes hereof.
A. The State shall reimburse the Grantee'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 Grantee 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 Grantee(i.e.,the price paid minus any refunds,rebates, or other
items of value received by the Grantee 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 Grantee 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.
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(a) All allowable costs charged to the project, including any approved services
contributed by the Grantee 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 Grantee 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 Grantee,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:
(I) The State shall establish billing procedures and reimburse the Grantee, 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 Grantee may be
withheld at the discretion of the State until completion of final audit.
(4) Incorrect payments to the Grantee due to omission,error,fraud,or defalcation
shall be recovered from the Grantee by deduction from subsequent payment under this contract or
other contracts between the State and the Grantee, or by the State as a debt due to the State.
(5) The Grantee 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 Grantee that are not allowable under the Common Rule
shall be reimbursed by the Grantee,or offset against current obligations due by the State to the
Grantee, at the State's election.
9. The term of this Contract shall begin on the effective date and shall terminate
on September 30, 2002. 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,
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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.
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 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. INDEPENDENT CONTRACTOR. THE CONTRACTOR SHALL PERFORM
ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE
CONTRACTOR SHALL BE,OR SHALL BE DEEMED TO BE,AN AGENT OR EMPLOYEE
OF THE STATE,AND THEY SHALL HAVE NO AUTHORIZATION, EXPRESS OR
IMPLIED,TO BIND THE STATE TO ANY CONTRACTS, SETTLEMENTS,LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR
SHALL BE RESPONSIBLE TO THE STATE FOR THE ULTIMATE RESULTS OF
PERFORMANCE REQUIRED HEREUNDER BUT SHALL NOT BE SUBJECT TO THE
DIRECTION AND CONTROL OF THE STATE AS TO THE MEANS AND METHODS OF
ACCOMPLISHING THE RESULTS. THE SPECIFICATIONS IN THIS CONTRACT OF
PARTICULAR PERFORMANCE STANDARDS THE STATE DEEMS ESSENTIAL TO
PROPER PERFORMANCE AND CONTRACT VALUE SHALL IN NO EVENT BE DEEMED
TO ALTER THIS RELATIONSHIP. CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING
ALL FEDERAL AND STATE INCOME TAX ON MONEYS PAID PURSUANT TO THIS
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GRANT CONTRACT. THE CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE
WORKERS COMPENSATION(AND SHOW PROOF OF SUCH INSURANCE)AND
UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY
LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,
ITS EMPLOYEES AND AGENTS. THE CONTRACTOR ACKNOWLEDGES THAT
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF
WORKER'S COMPENSATION INSURANCE OR UNEMPLOYMENT INSURANCE UNLESS
THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT
THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
13. 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.
14. 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.
15. The Grantee 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 Grantee in a central location and the Grantee shall be custodian on
behalf of the State.
16. The Grantee, and its subcontractors and subgrantees, 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 Grantee'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
Grantee's performance hereunder. The Grantee shall also permit these same described entities to
monitor all activities conducted by the Grantee 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.
17. All state and local government and non-profit organization Grantees receiving
more than$300,000 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
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Circular A-128 (Audits of State and Local Governments)or A-133 (Audits of Institutions of
Higher Education and Other Non-profit Organizations), whichever applies. The Single Audit
Act Amendment requirements that apply to Grantees receiving federal funds are as follows:
• If the subgrantee expends less than $300,000 in Federal funds(all sources, not just Highway
funds) in its fiscal year then this requirement does not apply.
• If the subgrantee expends more than $300,000 in Federal funds,but only received Highway
funds(Catalog of Federal Domestic Assistance, CFDA 20.205)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 subgrantee expends more than$300,000 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.
18. 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/grantee 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 copyrighted; and b)any rights of copyright to
which a contractor/grantee,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/grantee or any of its subcontractors or subgrantees is conceived or first actually
reduced to practice in the course of or under this contract work, and if such is patentable, the
contractor/grantee shall notify the State immediately and provide a detailed written report. The
rights and responsibilities of the contractor/grantee,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/grantee shall include the requirements of this paragraph in its third party contracts for
the performance of the work under this contract.
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19. APPLICABLE LAW. The GRANTEE/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 reeulations in subgrant Contracts permitted under this
contract. A listing of federal laws that may be applicable, depending on the GRANTEE/Contractor
work responsibilities under this contract, are described in ADDENDUM A.
20. Changes (Grants/Subgrants)
The State may prospectively increase or decrease the amount payable under this contract through a
"Change Order Letter," approved by the State Controller or his designee, in the form attached
hereto as Exhibit 1, subject to the following conditions:
A. The Change Order Letter("Letter")shall include the following:
(i) Identification of contract by contract number and affected
paragraph number(s);
Types of services or programs increased or decreased and the
new
(iii) level of each service or program;
(iv) Amount of the increase or decrease in the level of funding for
each service or program and the total;
(v) Intended effective date of the funding change;
(vi) A provision stating that the Change shall not be valid until
approved by the State Controller or such assistant as he may designate;
B. Upon proper execution and approval, such letter shall become an amendment to
this contract and,except for the general terms and conditions and Special
Provisions of the contract,the letter shall supersede the contract in the event of a
conflict between the two. It is understood and agreed that the letter may be used
only for increased or decreased funding and corresponding adjustments to service
levels and any budget line items.
C. If the contractor agrees to and accepts the change,the contractor shall execute and
return the letter to the State by the date indicated in the letter. In the event the
contractor does not accept the change,or fails to timely return the executed letter,
the State may,upon notice to contractor,terminate this contract effective at any
time after twenty(20)days following the return deadline specified in the letter.
Such notice shall specify the effective date of termination. In the event of
termination,the parties shall not be relieved of their obligations up to the effective
date of termination.
D. Increases or decreases in the level of contractual funding made through the letter
process during the term of this contract may be made under the following
circumstances:
(i) If necessary to fully utilize Colorado State appropriations and/or non-
appropriated federal grant awards.
(ii) Adjustments to reflect current year expenditures.
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(iii) Supplemental appropriations or non-appropriated federal funding
changes resulting in an increase or decrease in the amounts originally
budgeted and available for the purposes of this program.
(iv) Closure of programs and/or termination of related contracts.
(v) Delay or difficulty in implementing new programs or services.
(vi) Other special circumstances as deemed appropriate by the State.
21. Options: Additional Services/Performance Extension
A. The State may increase the quantity of services called for in [paragraph_] [the
schedule] [Exhibit_] at the unit price specified therein.
1) The State may exercise the option by written notice to the
contractor deposited in the mail not later than 30 days prior to the
expiration of the contract,using a form substantially equivalent to
Exhibit 2.
2) Performance of the added services shall continue at the same rate
and under the same terms as the like items called for under the contract.
3) Financial obligations of the State of Colorado payable after the
current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available.
B. The State may also require continued performance for a period of[one year] of
any services within the limits and at the rates specified in the contract.
1) The State may exercise the option by written notice to the
contractor deposited in the mail before the end of the performance period
of the contract using a form substantially equivalent to Exhibit 2.
2) If the State exercises this option,the extended contract shall 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 five(5)years.
3) Financial obligations of the State of Colorado payable after the
current fiscal year are contingent upon funds for that purpose being
appropriated,budgeted, and otherwise made available.
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(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the
State of Colorado or such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are
contingent upon funds for that purpose being appropriated,budgeted, and otherwise made
available.
3. INDEMNIFICATION.
Indemnity: The contractor shall indemnify, save, and hold harmless the State against any
and all claims,damages, liability and court awards including costs,expenses, and
attorney fees incurred as a result of any act or omission by the Contractor, or its
employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities,rights,benefits, protection, or other
provisions for the parties, of the Colorado Governmental Immunity Act,Section 24-10-
101 et seq. C.R.S. 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
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT
.� CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT
OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BEAN AGENT OR
EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED
EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY
THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE
BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND
THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRAC wit SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND THE
STATE TO ANY AGREEMENTS, 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 THE ACTS OF THE CONTRACTOR,ITS
EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and
federal laws respecting discrimination and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
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
10
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
the contract is capable of execution.
At all times during the performance of this contract, the Contractor shall strictly adhere to
all applicable federal and state laws,rules, and regulations that have been or may
hereafter be established.
7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has
any personal or beneficial interest whatsoever in the service or property described herein.
11
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS,GOVERNOR
WELD COUNTY SHERIFF'S OFFICE By
Legal Name of Contracting Entity F�j E ecutive-Director
Colorado Department of
Transportation
846000813D Department of Transportation
Social Security Number or FEIN
e,'',y////// LEGAL REVIEW:
gfiat�orized Officer KEN SALAZAR,ATTORNEY GENERAL
Glenn Vaad, Chair, Weld County �.
Board of Commissioners By
Print Name&Title of Authorized Officer ES MARTIN
/ sistant Attorney General
Civil litigation Section
CORPORATIONS:
(A corporate seal or attestation is required.)
r•-•
5s a
11141#11/2/1110851 O/iv
Attest(Seal)By -4'2'. _ _ •.!'% 1. ��
Deputy Clerk to the�:y�.�
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:
ARTHUR BARNHHAARART��
By ,/7,r,.Gl/�ir
G RGE CCULLAR,CDOT CONTROLLER
Date Alp f- I 3 c)004 -
12
ADDENDUM A: FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. The "Uniform Administrative Requirements for Grants and Cooperative Contracts to
State and Local Governments (Common Rule),at 49 Code of Federal Regulations,Part 1.8,
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)t
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 1.1.246 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
Labor 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 he
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
mechanics or laborers).
13
F. Standards, orders,or requirements issued under section 306 of the Clear Air Act j42
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 sea.42 USC 2000d,29 USC 794,and implementing regulation,45 C.F.R.
Part 80 et.SCQ.. 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, 1211.1-
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.sea.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.
O. 23 C.F.R.Part 635,concerning "Construction and Maintenance Provisions".
14
SAMPLE CHANGE ORDER LETTER IN GRANT/SUBGRANT CONTRACT
Exhibit 1
Date:
State Fiscal Year 2000-200_
Change Order Letter No.
In accordance with Paragraph of contract routing number , between the
State of Colorado Department of ( Division)and
[Contractor]
covering the period of July 1, 1999 through June 30, 2000 the undersigned agree that the
maximum amount payable by the State for eligible services in Paragraph is (increased/decreased)
by ($amount of change)to a new total of($ ). The first sentence in Paragraph_is hereby
modified accordingly.
The services affected by this(increased/decreased)are modified as follows:
The Budget is revised accordingly, as set forth in the Revised Budget,Attachment_, attached and
incorporated herein by reference.
This amendment to the contract is intended to be effective as of ,but in no event
shall it be deemed valid until it shall have been approved by the State Controller or such assistant
as he may designate.
Please sign,date, and return all copies of this letter on or before 19_
Contractor Name: State of Colorado:
Bill Owens, Governor
By: By:
Name For the Executive Director
Title Colorado Department of
Transportation
APPROVALS: FOR THE STATE CONTROLLER
Arthur L. Barnhart
By: By:
For Division State Controller or Designee
15
SAMPLE OPTION EXERCISE LETTER
Exhibit 2 Date:
TO: [Contractor]
[Address]
SUBJ: Option Exercise Letter
In accordance with Paragraph of contract routing number ,between the State of
Colorado Department of ( division) and
[Contractor]
covering the period of July 1, 1999 through June 30, 2000 the State hereby exercises the option
for
(additional services, as specifically described in Attachment)
and/or
[an additional one year's performance period at the(cost) (price) specified in paragraph—]
The maximum amount payable by the State in Paragraph_is (increased/decreased)by
($amount of change)to a new total of($ ). The first sentence in Paragraph_is hereby
modified accordingly.
State of Colorado:
Bill Owens,Governor
For the Executive Director
Colorado Department of
Title
APPROVALS: FOR THE STATE CONTROLLER
Arthur L. Barnhart
By: By:
For Division State Controller or Designee
16
Colorado Department of Transportation
Contract Objective Plan
State Program: Public Ways Contracting Agency: Weld County Sheriff's Office
State Sub-Program: Transportation Safety Project Coordinator: Kenneth Poncelow
Problem Solution Plan: Police Traffic Services Contract Period:
Project#: HSP# 01-02 Task# 02-02
Objective: To continue the development of a six person traffic unit with the Weld County sheriff's office.To reduce the number and
severity of traffic crashes on county roads through September 30, 2002
Task
Activity# Activity Description
21.02-01 To continue the collection of traffic incident data in cooperation and coordination with the Colorado State Patrol and
the county traffic engineer.Continue the development of in-house database of crash,violation,traffic volume, and
related traffic safety data by September 30,2002.
21-02-02 Utilizing the data collected in the first year of this project(2001),select a minimum of five high hazard or high risk
areas on county roads, by March 31,2002,for selective enforcement.The selection data and analysis should
include the use of the following:
• Number and causes of traffic crashes
• Traffic volumes
• The number and type of hazardous violations
• Recommendations and/or analysis for the effective deployment of a traffic unit for crash reduction
• Comments or suggestions by the citizens of Weld County
21.02-03 By March 31,2002 select two additional deputies to provide traffic enforcement and education through Weld
County. Provide necessary and appropriate training for the new deputies in traffic enforcement and education.
Including, but not limited to:
• Managing traffic services
• Traffic calming
• Accident investigation(levels I-III)
• Radar certification by July 1,2002
• Strategic Planning
• Community Policing and Community Building
21-02-04
Purchase two fully equipped police vehicles including two mobile radios,two radio modems,two MDT laptops,two
radar devices,two camera kits,three portable radios, and other necessary equipment such as video cameras or
Lidar laser systems to support traffic unit activities. Submit a capital equipment accountability form for all equipment
costing in access of$3000 within 30 days of purchase and receipt.
21-02-05
Deploy a five-person traffic unit for up to 2500 hours of traffic enforcement, including seatbelts and DUI, at the
targeted high hazard or high-risk locations.
21-02-06 Continue the development and implementation of the traffic safety community outreach program for citizens,the
schools,community groups, and others by September 30,2002.Administer pre and post tests,surveys, and other
means to determine the effectiveness of the educational programs in raising the awareness of the public about
traffic safety issues.
21-02-07 Support the Planning and Zoning Department by providing technical expertise and advice on potential traffic issues
in high growth areas as part of Planning and Zoning development review process. Develop and implement a
regularly scheduled evaluation process by September 30,2002.
Previous editions are obsolete and may not be used. CDOT Form#1106
7/92
Attachment A,page 1 of 3
Task
Activity# Activity Description
21-02-08 Reduce frequency and severity of traffic accidents on unincorporated county roadways.
21-02-09 Submit quarterly reports by April 10,July 10,and October 10,2002. Quarterly reports shall include baseline
comparisons with data collected in first year of this project, hours worked by the traffic unit,and an evaluation of the
impact at each high hazard location, detail on the community outreach and an evaluation of the outreach. Final
report shall be submitted by October 10,2002 and shall include an evaluation of each task and impact of each task
on project goals
21-02-10 Submit monthly billings and requests for reimbursement by the 10th of the following month.
Previous editions are obsolete and may not be used. CDOT Form#1106
7/92
Attachment A,page 1 of 3
Colorado Department of Transportation
Contract Evaluation Data
Project#: 02-02 I HSP# 01-02 I Task# 21--01
Task Type of Report
Activity Evaluation Description Evaluation Time Frame
21.02-01 As part of the quarterly report, indicate the progress in developing Administrative Quarterly/final
the database. Try to run comparative data with year 2001 data by
July report.
As part of the final report, include comparisons with 2001 using the
database.
21-02-02 Submit list of selected high hazard locations by April 10 as part of Administrative Initial
initial quarterly report with supporting data for location selection.
Submit list of selected target roads by April 10 as part of initial
quarterly report with supporting data for target road selection.
21-02.03 Confirm the selection of two additional deputies. As part of the Administrative Initial
initial report outlining the types and dates of the necessary and
appropriate training for the new deputies.
21-02-04 Confirm purchase of two fully equipped police vehicles including Administrative Quarterly/Final
two mobile radios,two radio modems,two MDT laptops,two radar
devices,two camera kits,three portable radios, and other
necessary equipment such as video cameras or Lidar laser
systems to support traffic unit activities in quarterly and final
reports.
Submit a capital equipment accountability form for all equipment
costing in access of$3000 within 30 days of purchase and receipt.
21-02-05 Describe enforcement activities, including hours of deployment at Performance Quarterly/Final
each location, number of citations and types of offenses and the
number of and types of aggressive driving incidents observed
and/or cited in quarterly and final reports.
21-02-06 Describe community outreach activities, including the schools or Performance Quarterly/Final
community groups. Include the results of the pre and post tests in
the quarterly and final reports.
21-02-07 In the final report, outline the "regularly scheduled evaluation Performance Final
process"with the Planning and Zoning Department.
Previous editions are obsolete and may not be used. CDOT Form#1107
8/93
Attachment ,page of S
Colorado Department of Transportation
Contract Evaluation Data
Project#: 02-02 I HSP# 01.02 Task# 21--01
Task Type of Report
Activity Evaluation Description Evaluation Time Frame
21-02-08 Provided quarterly reports by April 10,July 10 and October 10, Performance Quarterly/Final
2002. Provided a final by October 10,2002. Reports contained:
-A Baseline(1-year average)Trend crash rate(on each
selected location and/or road segment)with comparative
data on'the before","during",and"after'.
-A Baseline(1-year average)Trend in number and types
of citations(on each selected location and/or road
segment)with comparative data on"the before","during",
and"after'.
-Number and type of crashes(on each selected location
and/or road segment)with comparative data on"the
before", "during",and"after'
-Number and type of citations(on each selected location
and/or road segment)with comparative data on"the
before","during",and"after'.
-Provide initial and on-going trend analysis as part of the
quarterly and final impact report analysis including the
citation trend(identifying number citations by violation,
DUI, Speed, Seat Belt,ect)
21-02-09 Were claims submitted on a monthly basis? Were quarterly reports Administrative Monthly/Quarterly/Fin
and final reports submitted on a timely basis? Did they contain the al
necessary information? ct)
21-02-10 Claims submitted by 10'h of each month Administrative Monthly/Quarterly/Fin
al
Previous editions are obsolete and may not be used. CDOT Form#1107
8/93
Attachment 9.\ ,page a_of^'�
Colorado Department of Transportation
Contract Financial Budget Project # 02-02
Budget Allocation For HSP # Task # 21.01
Cost Category OTS Agency Total
Personal Services
Operating Expenses
Travel Expenses
Capital Equipment
Other
Totals
Distribution of OTS Funds (Benefit State 181,522 Local$181,522 363,044
of):
Budget Allocation For HSP # Task#
Cost Category OTS Agency Total
Personal Services
Operating Expenses
Travel Expenses
Capital Equipment
Other
Totals
Distribution of OTS Funds (Benefit of): State$ 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
181,522 181,522 363,044
Previous editions are obsolete and may not be used. CDOT Form#1108
5/92
Attachment ,pages of
Hello