HomeMy WebLinkAbout20053541.tiff RESOLUTION
RE: APPROVE CONTRACTS FOR SECTION 5310 AND SECTION 5311 GRANTS 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 Contracts for Section 5310 and
Section 5311 Grants between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Human Services,
Weld County Transportation,and the Colorado Department of Transportation,commencing upon
full execution, with terms and conditions being as stated in said contract, and
WHEREAS,after review, the Board deems it advisable to approve said contracts, 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 Contracts for Section 5310 and Section 5311 Grants between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Human Services, Weld County Transportation, 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 contracts.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 5th day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
I /. 4 WELD COUNTY, COLORADO
ATTEST: — .- _ /i ," illiam H. J e, Chair
Weld County Clerk to th :•._, . min
BY: �,� 1 /l�i1� . J. 'le, ro-Te
D puty GYerk to the BbardC �
Da E. Long
APPR A A --
Robert . Masde \h
ounty Attorney
Glen aad
Date of signature: 12',2 lOS
2005-3541
(r., N 5 HR0076
!a-1y --Q
STATE OF COLORADO
Department of Transportation
Transit Unit, EP B606
'g
4201 East Arkansas Avenue �T
amsumm
Denver, CO 80222-3400
(303) 757-9771 DEPARTMENT
(303) 757-9727(F.4i)
January 25, 2006
RE: 2006 ETA contract
Dear Patsy:
For your records, enclosed is one original copy of the Contract "Agreement" for Section 5311 funds
awarded to your organization for 2006. You may now begin to accrue expenses that maybe reimbursed by
the State DOT. Reimbursement forms may be filled out on line from the CDOT transit website using your
user name and password.
Matt Paswaters from the business office can offer assistance with reimbursements should you need it. He
can be reached at 303-512-4525.
Please contact me with any questions.
Sincerely, . /
( L vij
Eric Ellis
Grants Coordinator
Colorado DOT Transit Unit
4201 East Arkansas Ave. EPB 606
Denver, CO 80222
phone: 303-757-9771
fax: 303-757-9727
06-HTD-00079
CONTRACT
el
THIS CONTRACT,made this ZJ day of , 20 6=6, by and between the STATE OF
COLORADO for the use and benefit of the DEPARTMENT OF NSPORTATION, DIVISION OF
TRANSPORTATION DEVELOPMENT, hereinafter referred to as the"State", and WELD COUNTY
TRANSPORTATION, PO Box 1805. Greeley, CO 80632-1805 a public body,hereinafter referred to as the"Grantee."
RECITALS
Authority exists in the Law. and funds have been budgeted, appropriated and otherwise made available, and a
sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract in
Fund Code 400. Organization Code 9714 and 9715,Appropriation Code 415 Program Code 5000,Function Code
1510,Object Code 5180 1 N, GBL Code SG 34 and SP 34. Reporting Code 0510, FEIN Number 846000813 G,
Encumbered Amounts$20,000 and $218.000, The Catalog Federal Domestic Assistance number(CFDA)that relates to
this contract in relation to audits is 20.509.
Required approval, clearance, and coordination have been accomplished from and with appropriate agencies.
Section 5311 of 49 U.S.C. §§ 5301 et seq., as amended,hereinafter referred to as the"Act", institutes a program
offering federal assistance for public transportation in rural and small urban areas by way of a formula grant program
administered by the State.
Grantee has proposed a project in the form of an application for funding under Section 5311 of the Act,
hereinafter referred to as the "Project."
Sections 43-1-701 and 702, C.R.S. authorize the Department of Transportation to take all steps and adopt all
procedures necessary to make and enter into such contracts as may be necessary for state application and administration of
Section 5311 of the Act, including participation in grant programs for the purpose of assisting transportation services.
The Governor of the State of Colorado, in accordance with a request by the Federal Transit Administration,
hereinafter referred to as"FTA,"has designated the State to manage the Section 5311 program, including the
responsibility to evaluate and select public transportation projects proposed by State agencies, local public bodies and
agencies thereof(including Indian Tribes), and nonprofit operators of public transportation services in areas other than
urbanized.
The Grantee desires to and has the legal capacity and authority to contract with the State.
The Grantee possesses the necessary fiscal and managerial capability to implement and manage the project and
utilize grant funds for public transportation in non urbanized areas of the State;
NOW, THEREFORE, it is hereby agreed that:
PURPOSE OF CONTRACT
The purpose of this Contract is to state the terms,conditions, and mutual understandings of the parties as to the
manner in which the Project will be undertaken and completed. The terms and conditions of the Project and the Act are
incorporated herein by reference to the extent consistent herewith.
SECTION 1 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 Grantee is to be paid,reimbursed,or otherwise compensated with
funds provide to the State by the United States Department of Transportation, Federal Transit Administration under the
National Capital Transportation Act of 1969, as amended, the Sate, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users, the Transportation Equity Act for the 21s'Century, as amended, or other Federal laws that FTA
administers, and therefore, the Grantee expressly understands and agrees that all it right, demands, and claims to
compensation arising under this contact 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.
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the most recent of such Federal laws, regulations,and directives will govern the administration of the Project at any
particular time, except to the extent that FTA or the State determines otherwise in writing.
FTA's and the State's written determination may take the form of a Special Condition, Special Requirement, Special
Provision, or Condition of Award within the Contract for the Project, a change to an FTA directive, or a letter to the
Grantee signed by the Federal Transit Administrator or his or her duly authorized designed, the text of which moditics er
otherwise conditions a specific provision of the Contract for the Project. To accommodate changing Federal
requirements, the Grantee agrees to include in each agreement with each subgrantee and each third party contract
implementing the Project notice that Federal laws, regulations, and directives may change and that the changed
requirements will apply to the Project, except to the extent that FTA or the State determines otherwise in writing. All
standards or limits in the Contract for the Project are minimum requirements, unless modified by FTA or the State.
(2) State. Territorial, and Local Law. Should a Federal law pre-empt a State, territorial, or local law, regulation, or
ordinance, the Grantee must comply with the Federal law. Nevertheless,no provision of the Contract for the
Project requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do
any other thing in contravention of State, territorial, or local law, regulation, or ordinance. Thus if compliance
with any provision of the Contract for the Project violates or would require the Grantee to violate any State,
territorial, or local law,regulation, or ordinance, the Grantee agrees to notify FTA or the State immediately in
writing. Should this occur,FTA, the State and the Grantee agree that they will make appropriate arrangements
to proceed with or, if necessary,terminate the Project expeditiously.
d. Grantee's Responsibility to Extend Federal Requirements to Other Entities.
(1) Entities Affected. Only entities that are signatories to the Contract for the Project are parties to that contract. To
achieve compliance with certain Federal laws, regulations, or directives, however, other Project participants,
such as subgrantees and third party grantees, will necessarily be involved. Accordingly, the Grantee agrees to
take the appropriate measures necessary to ensure that all Project participants comply with applicable Federal
laws, regulations, and directives affecting their performance, except to the extent FTA or the State determines
otherwise in writing.
(2) Documents Affected. The applicability provisions of Federal laws, regulations, and directives determine the
extent to which their provisions affect a Project participant. Thus,the Grantee agrees to include adequate
provisions to ensure that each Project participant complies with those Federal laws, regulations, and directives,
except to the extent that FTA determines otherwise in writing. In addition,the Grantee also agrees to require its
third party grantees and subgrantees to include adequate provisions to ensure compliance with applicable
Federal laws,regulations,and directives in each lower tier subcontract and subcontract for the Project, except to
the extent that FTA determines otherwise in writing. Additional requirements include the following:
(a) Third Party Contracts. Because Project activities performed by a third party grantee must comply with all
applicable Federal laws,regulations, and directives, except to the extent FTA determines otherwise in
writing,the Grantee agrees to include appropriate clauses in each third party contract stating the third party
grantee's responsibilities under Federal laws,regulations,and directives, including any provisions directing
the third party grantee to extend applicable requirements to its subgrantees at the lowest tier necessary.
When the third party contract requires the third party grantee to undertake responsibilities for the Project
usually performed by the Grantee,the Grantee agrees to include in that third party contract those
requirements applicable to the Grantee imposed by the Contract for the Project and extend those
requirements throughout each tier except as FTA determines otherwise in writing. Additional guidance
pertaining to third party contracting is contained in the FTA's"Best Practices Procurement Manual." FTA
cautions, however,that its"Best Practices Procurement Manual" focuses mainly on third party procurement
processes and may omit certain other Federal requirements applicable to the work to be performed.
(b) Subcontracts. Because Project activities performed by a subgrantee must comply with all applicable
Federal laws, regulations, and directives except to the extent that the State determines otherwise in writing,
the Grantee agrees as follows:
(1) Written Subcontract. The Grantee agrees to enter into a written agreement with each subgrantee
(subcontract) stating the terms and conditions of assistance by which the Project will be undertaken and
completed.
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(2)Compliance with Federal Requirements. The Grantee agrees to implement the Project in a manner that
will not compromise the Grantee's compliance with Federal laws, regulations, and directives applicable
to the Project and the Grantee's obligations under this Contract for the Project. Therefore, the Grantee
agrees to include in each subcontract appropriate clauses directing the subgrantee to comply with those
requirements applicable to the Grantee imposed by the Contract for the Project and extend those
requirements as necessary to any lower level subcontract or any third party grantee at each tier, except
as FTA or the State determines otherwise in writing.
e. No Federal Government Obligations to Third Parties. In connection with performance of the Project,the Grantee
agrees that, absent the Federal Government's express written consent, the Federal Government shall not be subject to
any obligations or liabilities to any subgrantee, third party grantee, or other person or entity that is not a party to this
Contract for the Project. Notwithstanding that the Federal Government may have concurred in or approved any
solicitation, subcontract,or third party contract, the Federal Government has no obligations or liabilities to such
entity, including any subgrantee or third party grantee.
f Changes in Project Performance (i.e., Disputes, Breaches,Defaults, or Litigation). The Grantee agrees to notify FTA
or the State immediately, in writing,of any change in local law, conditions (including its legal, financial, or technical
capacity), or any other event that may adversely affect the Grantee's ability to perform the Project as provided in this
Contract for the Project. The Grantee also agrees to notify the State or FTA immediately, in writing,of any current or
prospective major dispute,breach, default,or litigation that may adversely affect the Federal Government's interests in
the Project or the Federal Government's administration or enforcement of Federal laws or regulations; and agrees to
inform FTA, also in writing,before naming the Federal Government as a party to litigation for any reason, in any
forum. At a minimum,the Grantee agrees to send each notice to FTA required by this subsection to the FTA
Regional Counsel within whose Region the grantee operates its public transportation system.
SECTION 3 ETHICS
a. Code of Ethics. The Grantee agrees to maintain a written code or standards of conduct that shall govern the actions of
its officers,employees,board members, or agents engaged in the award or administration of third party contracts or
subcontracts financed with Federal assistance. The Grantee agrees that its code or standards of conduct shall specify
that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors,or anything of
monetary value from any present or potential third party grantee at any tier or subgrantee at any tier or agent thereof.
Such a conflict would arise when an employee,officer,board member, or agent, including any member of his or her
immediate family, partner,or organization that employs,or intends to employ,any of the parties listed herein has a
financial interest in the firm selected for award. The Grantee may set de minimis rules where the financial interest is
not substantial,or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code or
standards shall also prohibit the its officers, employees,board members, or agents from using their respective
positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain.
As permitted by State or local law or regulations,the Grantee agrees that its code or standards of conduct shall include
penalties, sanctions,or other disciplinary actions for violations by its officers, employees,board members,or their
agents, or its third party grantees or subgrantees or their agents.
(1) Personal Conflicts of Interest. The Grantee agrees that its code or standards of conduct shall prohibit the
Grantee's employees, officers,board members, or agents from participating in the selection, award, or
administration of any third party contract or subcontract supported by Federal assistance if a real or apparent
conflict of interest would be involved. Such a conflict would arise when an employee, officer,board member,
or agent. including any member of his or her immediate family,partner, or organization that employs, or intends
to employ,any of the parties listed herein has a financial interest in the firm selected for award.
(2) Organizational Conflicts of Interest. The Grantee agrees that its code or standards of conduct shall include
procedures for identifying and preventing real and apparent organizational conflicts of interest. An
organizational conflict of interest exists when the nature of the work to be performed under a proposed third
party contract or subcontract may, without some restrictions on future activities,result in an unfair competitive
advantage to the third party grantee or subgrantee or impair its objectivity in performing the contract work.
b. Debarment and Suspension. The Grantee agrees to comply, and assures the compliance of each third party grantee
and subgrantee at any tier,with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C.
§ 6101 note, and U.S. DOT regulations, "Governmentwide Debarment and Suspension(Nonprocurement)," 49 C.F.R.
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Part 29. The Grantee agrees to,and assures that its third party grantees and subgrantees will, review the Excluded
Parties Listing System at http://epls.amet.gov/before entering into any contracts.
c. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to
obtain approval of its Federal assistance application for the Project.
d. Lobbying Restrictions. The Grantee agrees that:
(1) It will comply, and will assure the compliance of each third party grantee at any tier and each suhgrantee at any
tier,with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by
31 U.S.C. § 1352,and
(2) To the extent applicable, it will comply with Federal laws and regulations prohibiting the use of Federal
assistance for activities designed to influence Congress or a State legislature with respect to legislation or
appropriations, except through proper, official channels.
e. Employee Political Activity. To the extent applicable, the Grantee agrees to comply with the provisions of the Hatch
Act, 5 U.S.C. §§ 1501 through 1508, and 7324 through 7326, and U.S. Office of Personnel Management regulations,
"Political Activity of State or Local Officers or Employees," 5 C.F.R. Part 151. The Hatch Act limits the political
activities of State and local agencies and their officers and employees, whose principal employment activities are
financed in whole or part with Federal funds including a Federal grant, cooperative agreement, or loan. Nevertheless,
in accordance with 49 U.S.C. § 5307(k)(2)(B) and 23 U.S.C. § 142(g), the Hatch Act does not apply to a
nonsupervisory employee of a public transportation system (or of any other agency or entity performing related
functions)receiving FTA assistance to whom the Hatch Act would not otherwise apply.
f. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that:
(1) Civil Fraud. The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and
U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its activities in connection
with the Project. By executing the Contract for the Project,the Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes,or it may make in connection with the Project. In addition to
other penalties that may apply, the Grantee also understands that if it makes a false, fictitious, or fraudulent
claim, statement, submission, certification,assurance,or representation to the Federal Government concerning
the Project, the Federal Government reserves the right to impose on the Grantee the penalties of the Program
Fraud Civil Remedies Act of 1986, as amended,to the extent the Federal Government deems appropriate.
(2) Criminal Fraud. If the Grantee makes a false, fictitious, or fraudulent claim, statement, submission, certification,
assurance, or representation to the Federal Government or includes a false, fictitious,or fraudulent statement or
representation in any agreement with the Federal Government in connection with a Project authorized under
49 U.S.C. chapter 53 or any other Federal law, the Federal Government reserves the right to impose on the
Grantee the penalties of 49 U.S.C. § 53230), 18 U.S.C. § 1001 or other applicable Federal law to the extent the
Federal Government deems appropriate.
SECTION 4 FEDERAL ASSISTANCE
The Grantee agrees that the State will provide FTA Federal assistance for the Project equal to the smallest of the following
amounts: (a) the maximum amount permitted by Federal law or regulations, (b)the "Maximum FTA Amount Approved,"
set forth in this Contract for the Project, or(c)the amount calculated in accordance with the "Maximum Percentage(s)of
FTA Participation," as may be modified by the Conditions of Award or other Special Conditions, Special Requirements,
or Special Provisions of the Contract for the Project. The State's responsibility to make Federal assistance payments is
limited to the amounts listed in the Approved Project Budget for the Project. The "Estimated Total Eligible Cost" in the
Contract for the Project is the basis on which the State determines the "Maximum FTA Amount Awarded."
a. "Net Project Cost". For any Project required by Federal law or FTA to be financed on the basis of its "Net Project
Cost" as defined by 49 U.S.C. § 5302(a)(8),FTA intends to provide Federal assistance to the Grantee for that portion
of the Project that cannot reasonably be financed from the Grantee's revenues, i.e., "Net Project Cost" of the Project
Therefore, the amount stated as the "Estimated Total Eligible Cost" on the Contract is the "Estimated Net Project
Cost" and forms the basis on which FTA will calculate the amount of Federal assistance that will be awarded for the
Project.
b. Other Basis for FTA Participation. For any Project not required by Federal law or FTA to be financed on the basis of
its "Net Project Cost" as defined by 49 U.S.C. § 5302(a)(8), FTA intends to provide Federal assistance to the Grantee
for all or part of the total Project cost that is eligible for Federal assistance. Therefore, the amount stated as the
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"Estimated Total Eligible Cost" on the Contract for the Project forms the basis on which FTA will calculate the
amount of Federal assistance that will be awarded for the Project.
SECTION 5 LOCAL SHARE
A Grantee that is required to provide a local share for the Project agrees as follows:
a. Restrictions on the Source of the Local Share. The Grantee agrees to provide sufficient funds or approved in-kind
resources, together with the Federal assistance awarded,that will assure payment of the actual cost of each Project
activity covered by the Contract for the Project. The Grantee agrees that no local share funds provided will be derived
from receipts from the use of Project facilities or equipment,revenues of the public transportation system in which
such facilities or equipment are used, or other Federal funds, except as permitted by Federal law or regulation.
b. Duty to Obtain the Local Share. The Grantee agrees to complete all proceedings necessary to provide the local share
of the Project costs at or before the time the local share is needed for Project costs, except to the extent that the State
or FTA determines otherwise in writing.
c. Prompt Payment of the Local Share. The Grantee agrees to provide the proportionate amount of the local share
promptly as Project costs are incurred or become due, unless the Federal Government determines in writing that the
local share may be deferred. The governing body(City Council; Board of County Commissioners; Corporation Board
of Directors; etc.) shall execute and provide to the State a resolution (Exhibit H),or other document as appropriate,
which: obligates the full amount of the Local Share of the funds required by this contract; and authorizes a specific
individual to execute this contact and bind the Grantee to its terms.
d. Reduction of the Local Share. The Grantee agrees that no refund or reduction of the local share may be made unless,
at the same time, a refund of the proportional amount of the Federal assistance provided is made to the Federal
Government.
SECTION 6 APPROVED PROJECT BUDGET
Except to the extent that the State determines otherwise in writing, the Grantee agrees as follows: The Grantee agrees to
prepare a Project budget which,upon approval by the State is designated the "Approved Project Budget." The Grantee
agrees to incur obligations and make disbursements of Project funds only as authorized by the latest Approved Project
Budget. The Grantee agrees that the latest Approved Project Budget is incorporated by reference and made part the
underlying Contract for the Project. An amendment to the Approved Project Budget requires the issuance of a formal
amendment to the Contract for the Project, except that re-allocation of funds among budget items or fiscal years that does
not increase the total amount of the Federal assistance awarded for the Project may be made consistent with applicable
Federal laws,regulations and directives. The Grantee agrees that an award of additional Federal assistance will require a
new Approved Project Budget. If the Grantee estimates that it will have unobligated funds remaining after the end of the
performance period of the Project,the Grantee agrees to report this to the State at the earliest possible time and ask for
disposition instructions.
SECTION 7 ACCOUNTING RECORDS
In compliance with applicable Federal laws,regulations, and directives, and except to the extent that the State or FTA
determines otherwise in writing,the Grantee agrees as follows:
a. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts, or
separate accounts within the framework of an established accounting system,that can be identified with the Project.
The Grantee also agrees to maintain all checks,payrolls,invoices, contracts, vouchers, orders, or other accounting
documents related in whole or in part to the Project so that they may be clearly identified,readily accessible,and
available to the State upon its request and, to the extent feasible,kept separate from documents not related to the
Project.
b. Funds Received or Made Available for the Project. The Grantee agrees to deposit in a financial institution all advance
Project payments it receives from the Federal Government and to record in the Project Account all amounts provided
by the Federal Government for the Project and all other funds provided for,accruing to, or otherwise received on
account of the Project(Project funds) in compliance with applicable Federal laws,regulations, and directi'es, except
to the extent that the State or FTA determines otherwise in writing. Use of financial institutions owned at least fifty
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(50)percent by minority group members is encouraged.
c. Documentation of Project Costs and Program Income. The Grantee agrees to support all costs charged to the Project,
including any approved services or property contributed by the Grantee or others,with properly executed payrolls,
time records, invoices,contracts, or vouchers describing in detail the nature and propriety of the charges. The Grantee
also agrees to maintain accurate records of all program income derived from Project implementation, except certain
income the State or FTA determines to be exempt from the general Federal program income requirements.
SECTION 8 REPORTING, RECORD RETENTION,AND ACCESS
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 de by the Grantee in a
central location and the Grantee shall be custodian on behalf of the State.
a. Types of Reports. The Grantee agrees to submit to the State all reports required by Federal laws and regulations,and
directives,the Contract for the Project, except to the extent that the State determines otherwise in writing. The
Grantee also agrees to submit to the State any other reports the State may require.
b. Report Formats. The Grantee agrees that all reports and other documents or information intended for public
availability developed in the course of the Project and required to be submitted to the State must be prepared and
submitted in electronic and or typewritten hard copy formats as the State may require. The State reserves the right to
require records to be submitted in other formats.
c. Record Retention. During the course of the Project and for three years thereafter from the date of transmission of the
final expenditure report, the Grantee agrees to maintain intact and readily accessible all data, documents,reports,
records, contracts, and supporting materials relating to the Project as the Federal Government may require.
d. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require its subgrantees to permit,
the U.S. Secretary of Transportation,the Comptroller General of the United States, and, to the extent appropriate,the
State, or their authorized representatives, upon their request to inspect all Project work,materials,payrolls, and other
data, and to audit the books,records, and accounts of the Grantee and its subgrantees pertaining to the Project,as
required by 49 U.S.C. § 5325(g).
e. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention
requirements of this Section 8 of the Contract.
SECTION 9 PAYMENTS
The Grantee agrees that it will not seek payment from the State for Project costs until it has executed the Contract for the
Project.
a. Grantee's Request for Payment. Except to the extent the State determines otherwise in writing,to obtain a Federal
assistance payment for the Project from the State,the Grantee agrees to:
(1) Demonstrate or certify that it will provide adequate local funds that,when combined with Federal payments, will
cover all costs to be incurred for the Project. Unless the Federal Government determines in writing that the
Grantee may defer provision of its local share for the Project, a Grantee required to provide a local share by
Federal law,regulation,directive,the Contract for the Project agrees that it will not:
(a) Request or obtain Federal funds exceeding the amount justified by the local share previously provided, and
(b) Take any action that would cause the proportion of Federal funds made available to the Project at any time
to exceed the percentage authorized by the Contract for the Project,
(2) Submit to the State all financial and progress reports required to date by the Contract for the Project, and
(3) Identify the source(s) of Federal assistance provided for the Project from which the payment is to be derived.
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b. Payment by the State
Costs Reimbursed. The Grantee agrees that Project costs eligible for Federal participation must comply with all
the following requirements. Except to the extent that the State or FTA determines otherwise in writing, to be
eligible for reimbursement,Project costs must be:
(I) Consistent with the Project Description,the Approved Project Budget, and other terms of the Contract for the
Project,
(2) Necessary in order to accomplish the Project,
(3) Reasonable for the goods or services purchased,
(4) Actual net costs 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, excluding program income),
(5) Incurred for work performed after the Effective Date of the Contract for the Project,unless the Federal
Government determines otherwise in writing,
(6) Satisfactorily documented,
(7) Treated consistently in accordance with accounting principles and procedures approved by the Federal
Government for the Grantee, and with accounting principles and procedures approved by the Grantee for its
third party grantees and subgrantees,
(8) Eligible for Federal participation under Federal law, regulations, or directives, and
(9) In compliance with U.S. DOT regulations pertaining to allowable costs at 49 C.F.R. § 18.22(b) or 49 C.F.R.
§ 19.27,unless otherwise authorized by Federal law or subsequent Federal regulation. Thus,
(a) OMB Circular A-87, "Cost Principles for State and Local Governments," Revised, applies to Project costs
incurred by a Grantee that is a State. local, or Indian tribal government.
(b) OMB Circular A-21, "Cost Principles for Educational Institutions," Revised, applies to Project costs
incurred by a Grantee that is an institution of higher education.
(c) OMB Circular A-122,"Cost Principles for Non-Profit Organizations," Revised,applies to Project costs
incurred by a Grantee that is a private nonprofit organization.
(d) the Federal Acquisition Regulation(FAR), at 48 C.F.R. Chapter I, Subpart 31.2, "Contracts with
Commercial Organizations" applies to Project costs incurred by a Grantee that is a for-profit organization.
d. Excluded Costs. The Grantee understands and agrees that, except to the extent FTA or the State determines otherwise
in writing, ineligible costs will be treated as follows:
(I) In determining the amount of Federal assistance the State will provide, the State will exclude:
(a) Any Project cost incurred by the Grantee before the Effective Date of the Contract,Change Order(Exhibit
E), or Option Letter(Exhibit D),unless otherwise permitted by Federal or State law,regulation,or
directive;
(b) Any cost that is not included in the latest Approved Project Budget;
(c) Any cost for Project property or services received in connection with a third party contract or subcontract
with a subgrantee that must be approved by the State, or other arrangement required to be,but has not been,
concurred in or approved in writing by the State;
(d) Any ordinary governmental or nonproject operating cost,consistent with the prohibitions of 49 U.S.C.
§ 5323(h); and
(e) Any cost ineligible for FTA participation as provided by applicable Federal laws, regulations, or directives.
(2) The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute the
State's final decision about whether that cost is allowable and eligible for payment and does not constitute a
waiver of any violation by the Grantee of the terms of the Contract for the Project. The Grantee acknowledges
that the State will not make a final determination about the allowability and eligibility of any cost until an audit
of the Project has been completed. If the State determines that the Grantee is not entitled to receive any portion
of the Federal assistance the Grantee has requested or provided, the State will notify the Grantee in writing,
stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return
any funds due to the State as a result of later refunds,corrections, or other transactions; nor will Project closeout
alter the State's right to disallow costs and recover funds on the basis of a later audit or other review. Unless
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prohibited by Federal or State law or regulation, the State may recover any Federal assistance funds made
available for the Project as necessary to satisfy any outstanding monetary claims that the State may have against
the Grantee.
f. Claims. Excess Payments,Disallowed Costs, including Interest.
(1) Grantee's Responsibility to Pay. Upon notification to the Grantee that specific amounts are owed to the State,
whether for excess payments of Federal assistance, disallowed costs,or funds recovered from third parties or
elsewhere,the Grantee agrees to remit to the State promptly the amounts owed, including applicable interest,
penalties and administrative charges.
(2) Amount of Interest. The Grantee agrees that whether the amount due the State is treated as a claim or is treated
as a debt determines how interest is calculated thereon and becomes due. Thus, Grantee agrees to remit interest
to the State in accordance with the following:
(a) Claims against the Grantee. For claims pursuant to the Debt Collection Act of 1982, as amended, 31 U.S.C.
§§ 3701 et seq, the Grantee agrees that the amount of interest owed to the State will be determined in
accordance with the provisions of joint U.S. Treasury/U.S. DOJ regulations, "Standards for the
Administrative Collection of Claims," at 31 C.F.R. § 901.9(a)through (g).
(b) Excess Payments. For excess payments made by the State to the Grantee that do not qualify as a"claim"
for purposes of the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701 et seq.,the Grantee agrees
that the amount of interest owed to the State depends on whether the Grantee is a State or State
instrumentality.
1. A Grantee that is a State or State instrumentality agrees that interest owed to the Federal Government
will be determined in accordance with U.S. Treasury regulations, "Rules and Procedures for Efficient
Federal-State Funds Transfers," 31 C.F.R. Part 205 that implement section 5(b) of the Cash
Management Improvement Act of 1990, as amended, 31 U.S.C. § 6503(b).
2. A Grantee that is neither a State nor a State instrumentality agrees that common law interest owed to the
Federal Government will be determined in accordance with joint U.S. Treasury/U.S. DOJ regulations,
"Standards for the Administrative Collection of Claims,"at 31 C.F.R. § 901.9(i).
(c) Disallowed Costs. The Grantee agrees that a debt for a disallowed cost might, in certain cases, qualify as a
"claim" for purposes of the Debt Collection Act of 1982,as amended, 31 U.S.C. §§ 3701 through 3720.
Whether or not the disallowed cost qualifies as a"claim"under that Act, the Grantee agrees to pay either
interest and related charges for disallowed costs as determined by the Federal Government in accordance
with joint U.S. Treasury/U.S. DOJ regulations,"Standards for the Administrative Collection of Claims,"at
31 C.F.R. § 901.9(a)through(g) or common law interest authorized by 31 C.F.R. § 901.9(i),whichever is
applicable.
g. De-obligation of Funds. The Grantee agrees that the State may de-obligate unexpended Federal funds before Project
closeout.
SECTION 10 PROJECT COMPLETION,AUDIT, SETTLEMENT,AND CLOSEOUT
a. Project Completion. Within ninety (90)calendar days following Project completion date or termination by the State,
the Grantee agrees to submit a final certification of Project expenses, and third party audit reports,as applicable.
b. Audit of Grantees. Except to the extent the State determines otherwise in writing,the Grantee acknowledges and
agrees as follows:
(1) Audit Requirements. The Grantee agrees to have performed financial and compliance audits required by the
Single Audit Act Amendments of 1996, 31 U.S.C. §§ 7501 et seq. As provided by 49 C.F.R. § 19.26,these
financial and compliance audits must comply with the provisions of OMB Circular A-133, Revised, "Audits of
States, Local Governments, and Non-Profit Organizations," the latest OMB A-133 Compliance Supplement for
U.S. DOT, and any further revision or supplement thereto. The Grantee also agrees to obtain any other audits
required by the State. Such audits shall test compliance with the items specified in Guidance for Audit of
Grantee Compliance with FTA Requirements(Exhibit B)and shall be completed by the Grantee if it is a State or
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local government, Indian Tribal government or private nonprofit organization. The Grantee agrees that these
audits will be conducted in accordance with U.S. Government Accountability Office, (U.S. GAO) "Government
Auditing Standards." The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities.
(2) Audit Costs. Audit costs for Project administration and management are allowable to the extent authorized by
OMB Circular A-87, OMB Circular A-21, OMB Circular A-122, or the FAR at 48 C.F.R. Chapter I,
Subpart 31.2,whichever is applicable.
c. Funds Owed to the State. The Grantee agrees to remit to the State any excess payments made to the Grantee, any
costs disallowed by the State,and any amounts recovered by the Grantee from third parties or from other sources,as
well as any penalties and any interest required by Subsection 9.f(2) of this Contract.
d. Project Closeout. Project closeout occurs when the State notifies the Grantee that the State has closed the Project, and
either forwards the final Federal assistance payment or acknowledges that the Grantee has remitted the proper refund.
The Grantee agrees that Project closeout by the State does not invalidate any continuing requirements imposed by the
Contract for the Project, or the Federal Government's final notification or acknowledgment.
SECTION 11 RIGHT OF THE STATE TO TERMINATE •
The State may terminate this contract at any time the State determines that the purposes of the distribution of State
moneys under this 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 Grantee and specifying the effective date thereof, at least twenty
(20)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 Grantee under this contract
shall,at the option of the State,be delivered by the Grantee to the State and shall become the State's property. The
Grantee shall be entitled to receive just and equitable compensation for any satisfactory services and goods delivered.
If this contract is terminated by the State as provided herein,the Grantee will be paid an amount which bears the same
ratio to the total compensation as the services satisfactorily performed bear to the total services of the Grantee covered by
this contract, less payments of compensation previously made,provided,however,that if less than sixty percent (60%) of
the services covered by this contract have been performed upon the effective date of such termination,the Grantee shall be
reimbursed(in addition to the above payment)for that portion of the actual out-of-pocket expenses (not otherwise
reimbursed under this contract) incurred by the Grantee during the contract period which are directly attributable to the
uncompleted portion of the services covered by this contract. In no event shall reimbursement under this clause exceed
the contract amount. If this contract is terminated for cause,or due to the fault of the Grantee, the Termination for Cause
or Default provision shall apply.
If,through any cause,the Grantee shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or
if the Grantee shall violate any of the covenants, agreements,or stipulations of this contract,the State shall thereupon
have the right to terminate this contract for cause by giving written notice to the Grantee of its intent to terminate and at
least ten(10) days opportunity to cure the default or show cause why termination is otherwise not appropriate.In the
event of termination, all finished or unfinished documents,data, studies, surveys,drawings, maps,models,photographs,
and reports or other material prepared by the Grantee under this contract shall, at the option of the State,become its
property,and the Grantee shall be entitled to receive just and equitable compensation for any services and goods delivered
and accepted. The Grantee shall be obligated to return any payment advanced under the provisions of this contract. This
provision shall in no way limit other remedies available to the State in this contract,or remedies otherwise available at
law.
Notwithstanding the above,the Grantee shall not be relieved of liability to the State for any damages sustained by the
State by virtue of any breach of this contract by the Grantee, and the State may withhold any payment to the Grantee for
the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Grantee is
determined.
If after such termination it is determined, for any reason, that the Grantee was not in default,or that the Grantee's
action/inaction was excusable, such termination shall be treated as a termination for convenience,and the rights and
obligations of the parties shall be the same as if this contract had been terminated for convenience, as described herein.
Upon termination of this Contract and the Project under the provisions of the above paragraphs of this section,the Grantee
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agrees to return all Project equipment purchased with Project funds as directed by the State for disposition. The Grantee
will also be subject to the provisions of Exhibit C, Security Agreement, where applicable.
SECTION 12 CIVIL RIGHTS
The Grantee agrees to comply with all applicable civil rights laws and implementing regulations including.but not limited
to,the following:
a. Nondiscrimination in Federal Public Transportation Programs. The Grantee agrees to comply,and assures the
compliance of each third party grantee at any tier and each subgrantee at any tier of the Project, with the provisions of
49 U.S.C. § 5332,which prohibit discrimination on the basis of race, color, creed,national origin, sex,or age, and
prohibits discrimination in employment or business opportunity.
b. Nondiscrimination—Title VI of the Civil Rights Act. The Grantee agrees to comply, and assures the compliance of
each third party grantee at any tier and each subgrantee at any tier of the Project,with all provisions prohibiting
discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended,
42 U.S.C. §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of
the Department of Transportation—Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21. Except to the
extent FTA determines otherwise in writing, the Grantee also agrees to comply with any applicable implementing
Federal directives that may be issued.
c. Equal Employment Opportunity. The Grantee agrees to comply,and assures the compliance of each third party
grantee at any tier of the Project and each subgrantee at any tier of the Project,with all equal employment opportunity
(EEO)provisions of 49 U.S.C. § 5332,with Title VII of the Civil Rights Act of 1964,as amended,42 U.S.C. § 2000e,
and implementing Federal regulations and any subsequent amendments thereto. Except to the extent FTA determines
otherwise in writing,the Grantee also agrees to comply with any applicable Federal EEO directives that may be
issued. Accordingly:
General. The Grantee agrees as follows:
(a) The Grantee agrees that it will not discriminate against any employee or applicant for employment because
of race,color, creed, sex, disability, age, or national origin. The Grantee agrees to take affirmative action
to ensure that applicants are employed and that employees are treated during employment without regard to
their race,color, creed, sex, disability,age, or national origin. Such action shall include,but not be limited
to, employment,upgrading, demotion or transfer,recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,including
apprenticeship.
(b) If the Grantee is required to submit and obtain Federal Government approval of its EEO program.that EEO
program approved by the Federal Government is incorporated by reference and made part of the Contract
for the Project. Failure by the Grantee to carry out the terms of that EEO program shall be treated as a
violation of the Contract. Upon notification to the Grantee of its failure to carry out the approved EEO
program,the Federal Government or State may impose such remedies as it considers appropriate, including
termination of Federal assistance in accordance with Section 11 of this Contract,or other measures that
may affect the Grantee's eligibility to obtain future Federal assistance for transportation Projects.
d. Disadvantaged Business Enterprise. To the extent authorized by Federal law, the Grantee agrees to facilitate
participation by DBEs in the Project and assures that each third party grantee at any tier of the Project and each
subgrantee at any tier of the Project will facilitate participation by DBEs in the Project to the extent applicable.
Therefore:
(1) The Grantee agrees and assures that it will comply with section 1101(b)of SAFETEA-LU,23 U.S.C. § 101 note,
and U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,"49 C.F.R. Part 26.
(2) The Grantee agrees and assures that it shall not discriminate on the basis of race, color, sex,or national origin in
the award and performance of any third party contract,or subcontract supported with Federal assistance derived
from U.S. DOT in the administration of its DBE program and will comply with the requirements of 49 C.F.R.
Part 26. The Grantee agrees to take all necessary and reasonable steps set forth in 49 C.F.R. Part 26 to ensure
nondiscrimination in the award and administration of all third party contracts and subcontracts supported with
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06-HTD-00079
Federal assistance derived from U.S. DOT. As required by 49 C.F.R. Part 26 and approved by U.S. DOT, the
Grantee's DBE program, if any, is incorporated by reference and made part of the Contract for the Project. The
Grantee agrees that implementation of this DBE program is a legal obligation, and that failure to carry out that
DBE program shall be treated as a violation of the Contract for the Project. Upon notification by U.S. DOT to
the Grantee of its failure to implement its approved DBE program, U.S. DOT may impose sanctions as provided
for under 49 C.F.R. Part 26 and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C.
§ 1001, and/or the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801 et seq.
e. Nondiscrimination on the Basis of Sex. The Grantee agrees to comply with all applicable requirements of Title IX of
the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq., and with implementing Federal
regulations that prohibit discrimination on the basis of sex that may be applicable.
f Nondiscrimination on the Basis of Age. The Grantee agrees to comply with all applicable requirements of the Age
Discrimination Act of 1975, as amended,42 U.S.C. §§ 6101 et seq., and with implementing regulations,which
prohibit employment and other discrimination against individuals on the basis of age.
g. Access for Individuals with Disabilities. The Grantee agrees to comply with 49 U.S.C. § 5301(d),which states the
Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use
public transportation services and facilities, and that special efforts shall be made in planning and designing those
services and facilities to implement transportation accessibility rights for elderly individuals and individuals with
disabilities. The Grantee also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act -
of 1973,as amended,with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the
Americans with Disabilities Act of 1990 (ADA),as amended, 42 U.S.C. §§ 12101 et seq., which requires that
accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers
Act of 1968, as amended,42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be
accessible to individuals with disabilities. In addition, the Grantee agrees to comply with applicable Federal
regulations and directives and any subsequent amendments thereto, except to the extent the Federal Government
determines otherwise in writing, as follows:
(1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities(ADA)," 49 C.F.R. Part 37;
(2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
(3) Joint U.S. Architectural and Transportation Barriers Compliance Board(U.S. ATBCB)/U.S. DOT regulations,
"Americans With Disabilities(ADA)Accessibility Specifications for Transportation Vehicles," 36 C.F.R.
Part 1192 and 49 C.F.R. Part 38;
(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services,"
28 C.F.R. Part 35;
(5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in
Commercial Facilities," 28 C.F.R. Part 36;
(6) U.S. General Services Administration(U.S. GSA)regulations, "Accommodations for the Physically
Handicapped," 41 C.F.R. Subpart 101-19;
(7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630;
(8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related
Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and
(9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards,"36 C.F.R.
Part 1194; and
(10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609;
(11) Federal civil rights and nondiscrimination directives implementing the foregoing regulations.
h. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the extent applicable,the Grantee
agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment
Act of 1972,as amended, 21 U.S.C. §§ 1174 et seq., with the Comprehensive Alcohol Abuse and Alcoholism
Prevention,Treatment and Rehabilitation Act of 1970,as amended,42 U.S.C. §§ 4581 et seq.,and with the Public
Health Service Act of 1912, as amended,42 U.S.C. §§ 290dd-3 and 290ee-3, and any subsequent amendments to
these acts.
i. Access to Services for Persons with Limited English Proficiency. To the extent applicable and except to the extent
that FTA determines otherwise in writing,the Grantee agrees to comply with the policies of Executive Order
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06-H TD-00079
No. 13166, "Improving Access to Services for Persons with Limited English Proficiency,"42 U.S.C. § 2000d-I note,
and with the provisions of U.S. DOT Notice,"DOT Guidance to Grantees on Special Language Services to Limited
English Proficient(LEP) Beneficiaries," 66 Fed Reg. 6733 et seq., January 22, 2001.
j. Environmental Justice. The Grantee agrees to comply with the policies of Executive Order No. 12898, "Federal
Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,"42 U.S.C. § 4321
note, except to the extent that the Federal Government determines otherwise in writing.
k. Other Nondiscrimination. Laws. The Grantee agrees to comply with all applicable provisions of other Federal laws.
regulations, and directives pertaining to and prohibiting discrimination that are applicable, except to the extent the
Federal Government determines otherwise in writing.
SECTION 13 PREFERENCE FOR UNITED STATES PRODUCTS AND SERVICES
To the extent applicable,the Grantee agrees to comply with the following U.S. domestic preference requirements:
Buy America. The Grantee agrees to comply with 49 U.S.C. § 53230)and FTA regulations, "Buy America
Requirements,"49 C.F.R. Part 661 to the extent those regulations are consistent with SAFETEA-LU provisions,and
subsequent amendments to those regulations that may be promulgated. The Grantee also agrees to comply with FTA
directives to the extent those directives are consistent with SAFETEA-LU provisions,except to the extent that FTA
determines otherwise in writing.
SECTION 14 PROCUREMENT
To the extent applicable, the Grantee agrees to comply with the following third party procurement provisions:
a. Federal Standards. The Grantee agrees to comply with the third party procurement requirements of 49 U.S.C. chapter
53 and other applicable Federal laws in effect now or as subsequently enacted; with U.S. DOT third party
procurement regulations of 49 C.F.R. § 18.36 or at 49 C.F.R. §§ 19.40 through 19.48 and other applicable Federal
regulations pertaining to third party procurements and subsequent amendments thereto,to the extent those regulations
are consistent with SAFETEA-LU provisions. The Grantee also agrees to comply with the provisions of FTA
Circular 4220.1E, "Third Party Contracting Requirements," to the extent those provisions are consistent with
SAFETEA-LU provisions and with any subsequent-amendments thereto, except to the extent FTA determines
otherwise in writing. Although the FTA "Best Practices Procurement Manual"provides additional procurement
guidance,the Grantee understands that the FTA"Best Practices Procurement Manual"is focused on third party
procurement processes and may omit certain Federal requirements applicable to the third party contract work to be
performed.
b. Full and Open Competition. In accordance with 49 U.S.C. § 5325(a),the Grantee agrees to conduct all procurement
transactions in a manner that provides full and open competition as determined by FTA.
c. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by Federal laws or
regulations,the Grantee agrees to comply with the requirements of 49 U.S.C. § 5325(h)by not using any Federal
assistance awarded by FTA to support a procurement using exclusionary or discriminatory specifications.
d. Geographic Restrictions. The Grantee agrees that it will not use any State or local geographic preference,except State
or local geographic preferences expressly mandated or as permitted by FTA. For example,procuring architectural,
engineering,or related services,however,the grantee's geographic location may be a selection criterion,provided that
a sufficient number of qualified firms are eligible to compete.
e. In-State Bus Dealer Restrictions. The Grantee agrees that in accordance with 49 U.S.C. § 53250), any State law
requiring buses to be purchased through in-State dealers will not apply to purchases of vehicles acquired with funding
authorized under 49 U.S.C. chapter 53.
f. Neutrality in Labor Relations. To the extent permitted by law, the Grantee agrees to comply with Executive Order
No. 13202, "Preservation of Open Competition and Government Neutrality Towards Government Grantees' Labor
Relations on Federal and Federally Funded Construction Projects,"Executive Order No. 13202, as amended by
Executive Order No. 13208,41 U.S.C. § 251 note,which among other things prohibits requirements for affiliation
with a labor organization as a condition for award of any third party contract or subcontract for construction or
construction management services, unless the Federal Government determines otherwise in writing.
g. Federal Supply Schedules. State, local, or nonprofit Grantees may not use Federal Supply Schedules to acquire
federally assisted property or services except to the extent permitted by U.S. GSA,U.S. DOT, or FTA laws,
regulations,directives,or determinations. •
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h. Force Account. The Grantee agrees that FTA may determine the extent to which Federal assistance may be used to
participate in force account costs.
FTA Technical Review. The Grantee agrees to permit FTA to review and approve the Grantee's technical
specifications and requirements to the extent FTA believes necessary to ensure proper Project administration.
j. Protect Approval/Third Party Contract Approval. Except to the extent the State determines otherwise in writing, the
Grantee agrees that the State's award of Federal assistance for the Project does not,by itself, constitute pre-approval of
any non-competitive third party contract associated with the Project.
k. Preference for Recycled Products. To the extent applicable, the Grantee agrees to comply with U.S. EPA regulations,
"Comprehensive Procurement Guidelines for Products Containing Recovered Materials,"40 C.F.R. Part 247,which
implements section 6002 of the Resource Conservation and Recovery Act, as amended,42 U.S.C. § 6962, and with
subsequent Federal regulations that may be promulgated. Accordingly, the Grantee agrees to provide a competitive
preference for products and services that conserve natural resources,protect the environment, and are energy efficient.
I. Clean Air and Clean Water. The Grantee agrees to include in each third party contract and subcontract exceeding
$100,000 adequate provisions to ensure that each Project participant will agree to report the use of facilities placed on
or likely to be placed on the U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities,"to not
use any violating facilities, to report violations to FTA and the Regional U.S. EPA Office, and to comply with the
inspection and other applicable requirements of:
(1) Section 306 of the Clean Air Act, as amended,42 U.S.C. § 7414, and other applicable provisions of the Clean
Air Act,as amended,42 U.S.C. §§ 7401 through 7671q; and
(2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and other applicable requirements of the
Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377.
m. National Intelligent Transportation Systems Architecture and Standards. To the extent applicable,the Grantee agrees
to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by
23 U.S.C. § 5307(c)and,comply with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects"
66 Fed. Reg. 1455 et seq., January 8,2001,and any subsequent further implementing directives, except to the extent
FTA or the State determines otherwise in writing.
n. Rolling Stock. In acquiring rolling stock, the Grantee agrees as follows:
(1) Method of Acquisition. In compliance with 49 U.S.C. § 5325(1),the Grantee agrees that any third party contract
award it makes for rolling stock will be based on initial capital costs, or on performance, standardization, life
cycle costs, and other factors, or on a competitive procurement process.
(2) Multi-year Options. In accordance with 49 U.S.C. § 5325(e)(1),a Grantee procuring rolling stock financed with
Federal assistance under 49 U.S.C. chapter 53 may not enter into a multi-year contract with options, exceeding
five(5)years after the date of the original contract,to purchase additional rolling stock and replacement parts.
(3) Pre-Award and Post-Delivery Requirements. The Grantee agrees to comply with the requirements of 49 U.S.C.
§ 5323(m) and FTA regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R.
Part 663, and any amendments to those regulations that may be promulgated. The Grantee agrees to complete
Procurement Authorization(Exhibit F)prior procuring capital equipment and to complete Notice of
Acceptance/Non-Acceptance(Exhibit G)after delivery of capital equipment.
(4) Bus Testing. To the extent applicable,the Grantee agrees to comply with the requirements of 49 U.S.C.
§ 5318(e)and FTA regulations, "Bus Testing,"49 C.F.R. Part 665, and any amendments to those regulations
that may be promulgated.
o. Bonding. Except to the extent that FTA determines otherwise in writing,the Grantee agrees to comply with the
following bonding requirements, as applicable:
(1) Construction Activities. The Grantee agrees to provide bid guarantee,contract performance, and payment bonds
to the extent deemed adequate by FTA and applicable Federal regulations,and comply with any other
construction bonding provisions as FTA may determine.
(2) Other Activities. The Grantee agrees to comply with any other bonding requirements or restrictions as FTA may
determine.
p. Award to Other than the Lowest Bidder. In accordance with 49 U.S.C. § 5325(c), a Grantee may award a third party
contract to other than the lowest bidder, if the award furthers an objective (such as improved long-term operating
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efficiency and lower long-term costs)consistent with the purposes of 49 U.S.C. chapter 53 , and any implementing
Federal regulations or directives that FTA may issue, except to the extent FTA determines otherwise in writing.
q. Award to Responsible Grantees. In compliance with 49 U.S.C. § 5325(j), the Grantee agrees to award third party
contracts only to those grantees possessing the ability to successfully perform under the terms of the proposed
procurement, and before awarding a third party contract, the Grantee agrees to consider:
(1) The integrity of the third party grantee,
(2) The third party grantee's compliance with public policy,
(3) The third party grantee's past performance, including the performance reported in Grantee Performance
Assessment Reports required by 49 U.S.C. § 5309(1)(2), if any, and
(4) The third party grantee's financial and technical resources.
r. Access to Third Party Contract Records. The Grantee agrees to require its third party grantees and third party
subgrantees, at as many tiers of the Project as required,to provide to the U.S. Secretary of Transportation and the
Comptroller General of the United States or their duly authorized representatives, access to all third party contract
records to the extent required by 49 U.S.C. § 5325(g). The Grantee further agrees to require its third party grantees
and third party subgrantees, at as many tiers of the Project as required,to provide sufficient access to third party
procurement records as needed for compliance with Federal regulations or to assure proper Project management as
determined by FTA.
s. Electronic and Information Technology. When using Federal assistance to procure reports or information to be
delivered to the Grantee for distribution to the State, among others, the Grantee agrees to include in its specifications a
provision that the reports or information will be prepared using electronic or information technology capable of
assuring that,when provided to the State, the reports or information will meet the applicable accessibility standards of
section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794d, and U.S. ATBCB regulations,
"Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194.
t. Procurement Using State Price Agreement. The State may establish price agreements with vendors for the purchase
of certain vehicle types. If the Grantee is procuring a vehicle for which the State has executed a price agreement,as
set forth in Exhibit A, the Grantee agrees it will procure the vehicle from the vendor with whom the State has
executed the appropriate price agreement,unless otherwise exempted by the State in writing to the Grantee. When
such price agreements are used,the State shall be responsible for ensuring compliance with provisions A through S
above.
SECTION 15 LEASES
a. Capital Leases. To the extent applicable,the Grantee agrees to comply with FTA regulations, "Capital Leases,"
49 C.F.R. Part 639, and any revision thereto.
b. Leases Involving Certificates of Participation. The Grantee agrees to obtain FTA concurrence before entering into any
leasing arrangement involving the issuance of certificates of participation in connection with the acquisition of any
capital asset.
SECTION 16 PATENT RIGHTS
a. General. If any invention, improvement,or discovery of the Grantee or any third party grantee or any subgrantee at
any tier of the Project is conceived or first actually reduced to practice in the course of or under the Project, and that
invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign
country, the Grantee agrees to notify FTA or the State immediately and provide a detailed report in a format
satisfactory to FTA.
b. Federal Rights. The Grantee agrees that its rights and responsibilities, and those of each third party grantee at any tier
of the Project and each subgrantee at any tier of the Project,pertaining to that invention, improvement,or discovery
will be determined in accordance with applicable Federal laws, regulations, including any waiver thereof. Absent a
determination in writing to the contrary by the Federal Government,the Grantee agrees to transmit to ETA those
rights due the Federal Government in any invention, improvement, or discovery resulting from that third party
contract, third party subcontract,or subcontract as specified in U.S. Department of Commerce regulations, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," 37 C.F.R. Part 401 (implementing 35 U.S.C. §§ 200 et seq.), irrespective of the status of
the Grantee, subgrantee,or third party grantee at any tier of the Project(i.e.,a large business, small business, State
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government, State instrumentality, local government, nonprofit organization, institution of higher education,
individual,etc.).
SECTION 17 RIGHTS IN DATA AND COPYRIGHTS
a. Definition. The term "subject data," as used in this Section 18 of this Contract means recorded information,whether
or not copyrighted, that is delivered or specified to be delivered under the Contract for the Project. Examples include.
but are not limited to: computer software, standards, specifications, engineering drawings and associated lists, process
sheets, manuals, technical reports, catalog item identifications, and related information. "Subject data" does not
include financial reports, cost analyses, or similar information used for Project administration.
b. Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the
Contract for the Project:
(1) Except for its own internal use, the Grantee may not publish or reproduce subject data in whole or in part, or in
any manner or form,nor may the Grantee authorize others to do so, without the written consent of the Federal
Government, unless the Federal Government has previously released or approved the release of such data to the
public.
(2) The restrictions on publication of Subsection 18.b(1) of this Contract,however, do not apply to a Contract with
an institution of higher learning.
c. Federal Rights in Data and Copyrights. The Grantee agrees to provide to the Federal Government a royalty-free,
non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for
Federal Government purposes the subject data described in this Subsection 18.c of this Contract. As used herein, "for
Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the
copyright owner's consent, the Federal Government may not provide or otherwise extend to other parties the Federal
Government's license to:
(1) Any subject data developed under the Contract for the Project, or under a third party contract or subcontract
financed by the Contract for the Project,whether or not a copyright has been obtained; and
(2) Any rights of copyright to which a Grantee, subgrantee, or a third party grantee purchases ownership with
Federal assistance.
d. Hold Harmless. Except as prohibited or otherwise limited by State law or except to the extent that FTA determines
otherwise in writing, upon request by the Federal Government, the Grantee agrees to indemnify, save, and hold
harmless the Federal and State Government and its officers, agents, and employees acting within the scope of their
official duties against any liability, including costs and expenses,resulting from any willful or intentional violation by
the Grantee of proprietary rights, copyrights,or right of privacy, arising out of the publication, translation,
reproduction, delivery,use, or disposition of any data furnished under the Project. The Grantee shall not be required
to indemnify the Federal or State Government for any such liability caused by the wrongful acts of Federal or State
employees or agents.
e. Restrictions on Access to Patent Rights. Nothing in this Section 18 of this Contract pertaining to rights in data shall
either imply a license to the Federal Government under any patent or be construed to affect the scope of any license or
other right otherwise granted to the Federal Government under any patent.
f. Data Developed Without Federal Funding or Support. In connection with the Project, the Grantee may find it
necessary to provide data developed without any Federal funding or support to the Federal Government. The
requirements of Subsections 18.b, 18.c,and 18.d of this Contract do not apply to data developed without Federal
funding or support, even though that data may have been used in connection with the Project. Nevertheless, the
Grantee understands and agrees that the Federal Government will not be able to protect data from unauthorized
disclosure unless that data is clearly marked "Proprietary"or"Confidential."
g. Requirements to Release Data. To the extent required by U.S. DOT regulations, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals, and Other Non-Profit
Organizations," at 49 C.F.R. § 19.36(d), or by subsequent Federal laws or regulations,the Grantee understands and
agrees that the data and information it submits to the Federal Government may be required to be released in
accordance with the provisions of the Freedom of Information Act(or another Federal law providing access to such
records).
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SECTION 18 USE OF REAL PROPERTY, EQUIPMENT,AND SUPPLIES
The Grantee understands and agrees that the Federal Government retains a Federal interest in any real property,
equipment, and supplies financed with Federal assistance(Project property)until, and to the extent,that the Federal
Government relinquishes its Federal interest that Project property. With respect to any Project property financed with
Federal assistance under the Contract, the Grantee agrees to comply with the following provisions of this Contract except
to the extent FTA determines otherwise in writing:
a. Use of Project Property. The Grantee agrees to use Project property for appropriate Project purposes(which may
include joint development purposes that generate program income, both during and after the award period and used to
support public transportation activities) for the duration of the useful life of that property, as required by FTA.
Should the Grantee unreasonably delay or fail to use Project property during the useful life of that property, the
Grantee agrees that it may be required to return the entire amount of the Federal assistance expended on that property.
The Grantee further agrees to notify FTA or the State immediately when any Project property is withdrawn from
Project use or when any Project property is used in a manner substantially different from the representations the
Grantee has made in its Application or in the Project Description for the Contract for the Project.
b. General. A Grantee that is a State, local, or Indian tribal government agrees to comply with the property management
standards of 49 C.F.R. §§ 18.31 through 18.34,including any amendments thereto, and with other applicable Federal
regulations and directives. A Grantee that is an institution of higher education or private nonprofit entity, agrees to
comply with the property management standards of 49 C.F.R. §§ 19.30 through 19.37, including any amendments
thereto, and with other applicable Federal regulations and directives. Any exception to the requirements of 49 C.F.R.
§§ 18.31 through 18.34, or the requirements of 49 C.F.R. §§ 19.30 through 19.37, requires the express approval of the
Federal Government in writing. A Grantee that is a for-profit entity agrees to comply with property management
standards satisfactory to FTA. The Grantee also consents to FTA's reimbursement requirements for premature
dispositions of certain Project equipment, as set forth in Subsection 19.g of this Contract.
c. Maintenance. The Grantee agrees to maintain Project property in good operating order, in compliance with any
applicable Federal regulations or directives that may be issued.
d. Records. The Grantee agrees to keep satisfactory records pertaining to the use of Project property, and submit to the
State upon request such information as may be required to assure compliance with this Section 19 of this Contract.
e. Incidental Use. The Grantee agrees that:
(1) General. Any incidental use of Project property will not exceed that permitted under applicable Federal laws,
regulations, and directives.
(2) Alternative Fueling Facilities. As authorized by 49 U.S.C. § 5323(p),any incidental use of its federally financed
alternative fueling facilities and equipment by nontransit public entities and private entities will be permitted,
only if the:
(1) Incidental use does not interfere with the Grantee's Project or public transportation operations;
(2) Grantee fully recaptures all costs related to the incidental use from the nontransit public entity or private
entity;
(3) Grantee uses revenues received from the incidental use in excess of costs for planning, capital,and
operating expenses that are incurred in providing public transportation; and
(4) Private entities pay all applicable excise taxes on fuel.
f. Encumbrance of Project Property. The Grantee agrees to maintain satisfactory continuing control of Project property
as follows:
(1) Written Transactions. The Grantee agrees that it will not execute any transfer of title, lease, lien,pledge,
mortgage, encumbrance, third party contract, subcontract, grant anticipation note, alienation, innovative finance
arrangement(such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to
Project property,that in any way would affect the continuing Federal interest in that Project property.
(2) Oral Transactions. The Grantee agrees that it will not obligate itself in any manner to any third party with
respect to Project property.
(3) Other Actions. The Grantee agrees that it will not take any action adversely affecting the Federal interest in or
impair the Grantee's continuing control of the use of Project property.
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g. Transfer of Project Property. The Grantee understands and agrees as follows:
(I) Grantee Request. The Grantee may transfer any Project property financed with Federal assistance authorized
under 49 U.S.C. chapter 53 to a public body to be used for any public purpose with no further obligation to the
Federal Government,provided the transfer is approved by the Federal Transit Administrator and conforms with
the requirements of 49 U.S.C. §§ 5334(h)(1) and(2).
(2) Federal Government Direction. The Grantee agrees that the Federal Government may direct the disposition of,
and even require the Grantee to transfer,title to any Project property financed with Federal assistance under the
Contract.
(3) Leasing Project Property to Another Party. If the Grantee leases any Project property to another party, the
Grantee agrees to retain ownership of the leased Project property, and assure that the lessee will use the Project
property appropriately, either through a written lease between the Grantee and lessee, or another similar
document. Upon request by FTA, the Grantee agrees to provide a copy of any relevant documents.
h. Disposition of Project Property. With prior FTA approval, the Grantee may sell, transfer, or lease Project property
and use the proceeds to reduce the gross project cost of other eligible capital public transportation projects to the
extent permitted by 49 U.S.C. § 5334(g)(4). The Grantee also agrees that FTA may establish the useful life of Project
property, and that it will use Project property continuously and appropriately throughout the useful life of that
property. The Grantee shall comply with the provisions of the Security Agreement set forth in Exhibit C.
(1) Project Property Whose Useful Life Has Expired. When the useful life of Project property has expired, the
Grantee agrees to comply with FTA's disposition requirements.
(2) Project Property Prematurely Withdrawn from Use. For Project property withdrawn from appropriate use
before its useful life has expired, the Grantee agrees as follows:
(a) Notification Requirement. The Grantee agrees to have the State notify FTA on behalf of the Grantee
immediately when any Project property is prematurely withdrawn from appropriate use, whether by
planned withdrawal, misuse,or casualty loss.
(b) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The Grantee agrees that the
Federal Government retains a Federal interest in the fair market value of Project property prematurely
withdrawn from appropriate use. The amount of the Federal interest in the Project property shall be
determined by the ratio of the Federal assistance awarded for the property to the actual cost of the property.
The Grantee agrees that the fair market value of Project property prematurely withdrawn from use will be
calculated as follows:
1. Equipment and Supplies. The Grantee agrees that the fair market value of Project equipment and
supplies shall be calculated by straight-line depreciation of that property,based on the useful life of the
equipment or supplies as established or approved by FTA. The fair market value of Project equipment
and supplies shall be the value immediately before the occurrence prompting the withdrawal of the
equipment or supplies from appropriate use. In the case of Project equipment or supplies lost or
damaged by fire,casualty, or natural disaster, the fair market value shall be calculated on the basis of
the condition of that equipment or supplies immediately before the fire, casualty,or natural disaster,
irrespective of the extent of insurance coverage. As authorized by 49 C.F.R. § 18.32(b),a State may use
its own disposition procedures,provided that those procedures comply with the laws of that State.
2. Real Property. The Grantee agrees that the fair market value of real property shall be determined either
by competent appraisal based on an appropriate date approved by the Federal Government, as provided
by 49 C.F.R. Part 24, or by straight line depreciation,whichever is greater.
3. Exceptional Circumstances. The Grantee agrees that the Federal Government may require the use of
another method to determine the fair market value of Project property. In unusual circumstances,the
Grantee may request that another reasonable valuation method be used including,but not limited to,
accelerated depreciation, comparable sales, or established market values. In determining whether to
approve such a request,the Federal Government may consider any action taken,omission made,or
unfortunate occurrence suffered by the Grantee with respect to the preservation of Project property
withdrawn from appropriate use.
(c) Financial Obligations to the Federal Government. The Grantee agrees to remit to the Federal Government
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the Federal interest in the fair market value of any Project property prematurely withdrawn from
appropriate use. In the case of fire, casualty, or natural disaster,the Grantee may fulfill its obligations to
remit the Federal interest by either:
1. Investing an amount equal to the remaining Federal interest in like-kind property that is eligible for
assistance within the scope of the Project that provided Federal assistance for the Project property
prematurely withdrawn from use; or
2. Returning to the Federal Government an amount equal to the remaining Federal interest in the
withdrawn Project property.
i. Insurance Proceeds. If the Grantee receives insurance proceeds as a result of damage or destruction to the Project
property,the Grantee agrees to:
(1) Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project property taken out of
service, or
(2) Return to the Federal Government an amount equal to the remaining Federal interest in the damaged or destroyed
Project property.
j. Transportation- Hazardous Materials. The Grantee agrees to comply with applicable requirements of U.S. Pipeline
and Hazardous Materials Safety Administration regulations, "Shippers-General Requirements for Shipments and
Packagings,"49 C.F.R. Part 173, in connection with the transportation of any hazardous materials.
k. Misused or Damaged Project Property. If any damage to Project property results from abuse or misuse occurring with
the Grantee's knowledge and consent, the Grantee agrees to restore the Project property to its original condition or
refund the value of the Federal interest in that property, as the Federal Government may require.
1. Responsibilities After Project Closeout. The Grantee agrees that Project closeout by FTA will not change the
Grantee's Project property management responsibilities as stated in Section 19 of this Contract, and as may be set
forth in subsequent Federal laws,regulations, and directives, except to the extent the Federal Government determines
otherwise in writing.
SECTION 19 INSURANCE
In addition to other insurance requirements that may apply,the Grantee agrees as follows:
a. Minimum Requirements. At a minimum,the Grantee agrees to comply with the insurance requirements normally
imposed by its State and local laws,regulations,and ordinances, except to the extent that the Federal Government
determines otherwise in writing.
1. The Grantee shall obtain,and maintain at all times during the term of this Contract,and to require subgrantees to
carry, insurance in the following kinds and amounts:
a) Standard Worker's Compensation and Employer Liability as required by State statute, including
occupational disease, covering all employee on or off the work site, acting within the course of their
employment.
b) General, Personal Injury, and Automobile Liability (including bodily injury, personal injury, and
property damage)minimum coverage:
1) Combined single limit of$600,000 if written on an occurrence basis.
2) Any aggregate limit will not be less than $1,000,000.
3) Combined single limit of$600,000 for policies written on a claims-made basis. The policy
shall include an endorsement, certificate,or other evidence that coverage extends two years
beyond the performance period of the agreement.
4) If any aggregate limits are reduced below$600,000 because of the claims made or paid during
the required policy period,the Grantee shall immediately obtain additional insurance to
restore the full aggregate limit and furnish a certificate or other document showing compliance
with this provision.
2. The State of Colorado shall be named as additional insured on all liability policies.
3. The insurance shall include provisions preventing cancellation without 60 days prior notice to the State by certified
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mail.
4. The Grantee shall provide certificates showing adequate insurance coverage to the State within 7 working days of
award or contract execution,unless otherwise provided.
5. If the Grantee is a"public entity"within the meaning of the Colorado Governmental Immunity Act,CRS 24-10-
101, et seq. ("Act"),the Grantee shall at all times during the term of this agreement maintain such liability
insurance,by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon
request by the State, the Grantee shall show proof of such insurance.
6. Proof of insurance is also required where appropriate the Grantee agrees to comply with the flood insurance
purchase requirements of section I02(a) of the Flood Disaster Protection Act of 1973,42 U.S.C. Section 4012_(a),
with respect to any Project activity involving construction or acquisition.
SECTION 20 REAL PROPERTY
For real property acquired with Federal assistance, the Grantee agrees as follows:
a. Land Acquisition. The Grantee agrees to comply with 49 U.S.C. § 5324(a),which requires compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,42 U.S.C. §§ 4601
et seq.; and with U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal
and Federally Assisted Programs," 49 C.F.R. Part 24. [See, new U.S. DOT final rule, "Uniform Relocation Assistance
and Real Property Acquisition for Federal and Federally Assisted Programs,"49 C.F.R. Part 24, 70 Fed. Reg. 590 et
seq.,January 4, 2005.] These requirements apply to all interests in real property acquired for Project purposes
regardless of Federal participation in the cost of that real property.
b. Covenant Assuring Nondiscrimination. The Grantee agrees to include a covenant in the title of the real property
acquired for the Project to assure nondiscrimination during the useful life of the Project.
c. Recording Title to Real Property. To the extent required by FTA, the Grantee agrees to record the Federal interest in
title to real property used in connection with the Project.
d. FTA Approval of Changes in Real Property Ownership. The Grantee agrees that it will not dispose of,modify the use
of,or change the terms of the real property title, or other interest in the site and facilities used in the Project without
permission and instructions from FTA.
SECTION 21 EMPLOYEE PROTECTIONS
a. Construction Activities. The Grantee agrees to comply, and assures the compliance of each third party grantee and
each subgrantee at any tier of the Project,with the following laws and regulations providing protections for
construction employees:
(I) Davis-Bacon Act, as amended, 49 U.S.C. § 5333(a),which requires compliance with the Davis-Bacon Act,
40 U.S.C. §§ 3141 et seq., and implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to
Contracts Governing Federally Financed and Assisted Construction(also Labor Standards Provisions
Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),"
29 C.F.R. Part 5;
(2) Contract Work Hours and Safety Standards Act, as amended,40 U.S.C. §§ 3701 a seq., specifically,the wage
and hour requirements of section 102 of that Act at 40 U.S.C. § 3702, and implementing U.S. DOL regulations,
"Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction
(also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours
and Safety Standards Act)," 29 C.F.R. Part 5; and the safety requirements of section 107 of that Act at 40 U.S.C.
§ 3704, and implementing U.S. DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R.
Part 1926; and
(3) Copeland "Anti-Kickback" Act, as amended 18 U.S.C. § 874, and implementing U.S. DOL regulations,
"Grantees and Subgrantees on Public Building or Public Work Financed in Whole or in part by Loans or Grants
from the United States," 29 C.F.R. Part 3.
b. Activities Not Involving Construction. The Grantee agrees to comply,and assures the compliance of each third party
grantee and each subgrantee at any tier of the Project, with the employee protection requirements for nonconstruction
employees of the Contract Work Hours and Safety Standards Act, as amended,40 U.S.C. §§ 3701 et seq., in particular
the wage and hour requirements of section 102 of that Act at 40 U.S.C. § 3702, and with U.S. DOL regulations,
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"Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction(also
Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety
Standards Act)," 29 C.F.R. Part 5.
c. Activities Involving Commerce. The Grantee agrees that the provisions of the Fair Labor Standards Act. 29 U.S.C.
§§ 201 et seq.,apply to employees performing Project work involving commerce.
d. Public Transportation Employee Protective Arrangements. If the Contract for the Project indicates that public
transportation employee protective arrangements required by U.S. DOL apply to public transportation operations
performed in connection with the Project,the Grantee agrees to comply with the applicable requirements for its
Project as follows:
(1) Standard Public Transportation Employee Protective Arrangements. To the extent that the Project involves
public transportation operations and as required by Federal law,the Grantee agrees to implement the Project in
accordance with the terms and conditions that the U.S. Secretary of Labor has determined to be fair and
equitable to protect the interests of any employees affected by the Project and that comply with the requirements
of 49 U.S.C. § 5333(b),and with the U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," 29 C.F.R.
Part 215 and any amendments thereto. These terms and conditions are identified in U.S. DOL's certification of
public transportation employee protective arrangements to FTA,the date of which appears in the Contract for
the Project. The Grantee agrees to implement the Project in accordance with the conditions stated in that
U.S. DOL certification. That certification and any documents cited therein are incorporated by reference and
made part of the Contract for the Project. The requirements of this Subsection 24.d(1)of this Contract do not
apply to Projects for focused on elderly individuals or individuals with disabilities that are authorized by
49 U.S.C. § 5310(a)(2) or subsection 3012(6) of SAFETEA-LU, or to Projects for nonurbanized areas
authorized by 49 U.S.C. § 5311; separate requirements for those Projects are contained in Subsections 24.d(2)
and (3),respectively, of this Contract.
(2) Public Transportation Employee Protective Arrangements for Projects in Nonurbanized Areas Authorized by
49 U.S.C. § 5311. The Grantee agrees to comply with the terms and conditions of the Special Warranty for the
Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31,
1979, U.S. DOL implementing procedures, and any revisions thereto.
SECTION 22 ENVIRONMENTAL PROTECTIONS
The Grantee recognizes that many Federal and State laws imposing environmental and resource conservation
requirements may apply to the Project. Some,but not all, of the major Federal laws that may affect the Project include:
the National Environmental Policy Act of 1969,as amended,42 U.S.C. §§ 4321 through 4335; the Clean Air Act, as
amended,42 U.S.C. §§ 7401 through7671q and scattered sections of Title 29, United States Code; the Clean Water Act,
as amended, 33 U.S.C. §§ 1251 through 1377; the Resource Conservation and Recovery Act,as amended,42 U.S.C.
§§ 6901 through 6992k;the Comprehensive Environmental Response,Compensation,and Liability Act, as amended,
42 U.S.C. §§ 9601 through 9675, as well as environmental provisions within Title 23,United States Code, and 49 U.S.C.
chapter 53. The Grantee also recognizes that U.S. EPA,FHWA and other Federal agencies have issued,and in the future
are expected to issue, Federal regulations and directives that may affect the Project. Thus, the Grantee agrees to comply,
and assures the compliance of each subgrantee and each third party grantee,with any applicable Federal laws,regulations
and directives as the Federal Government are in effect now or become effective in the future, except to the extent the
Federal Government determines otherwise in writing. Listed below are environmental provisions of particular concern to
FTA, the State and the Grantee. The Grantee understands and agrees that those laws,regulations, and directives may not
constitute the Grantee's entire obligation to meet all Federal environmental and resource conservation requirements.
a. National Environmental Policy. Federal assistance is contingent upon the Grantee's facilitating FTA's compliance
with all applicable requirements and implementing regulations of the National Environmental Policy Act of 1969, as
amended, (NEPA)42 U.S.C. §§ 4321 through 4335 (as restricted by 42 U.S.C. § 5159, if applicable); Executive
Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality,"42 U.S.C. § 4321 note; FTA
statutory requirements at 49 U.S.C. § 5324(b); U.S. Council on Environmental Quality regulations pertaining to
compliance with NEPA,40 C.F.R. Parts 1500 through 1508; and joint FHWA/FTA regulations, "Environmental
Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R.-Part 622, and subsequent Federal environmental
protection regulations that may be promulgated. As a result of enactment of 23 U.S.C. §§ 139 and 326 as well as to
amendments to 23 U.S.C. § 138,environmental decision making requirements imposed on FTA projects to be
implemented consistent with the joint FHWA/FTA document,"Interim Guidance for Implementing Key
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SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities,"dated
September 2, 2005,and any subsequent applicable Federal directives that may be issued,except to the extent that
FTA determines otherwise in writing.
b. Air Quality. Except to the extent the Federal Government determines otherwise in writing,the Grantee agrees to
comply with all applicable Federal laws, regulations, and directives implementing the Clean Air Act. as amended.
42 U.S.C. §§ 7401 through 7671q, and:
(1) The Grantee agrees to comply with the applicable requirements of section 176(c) of the Clean Air Act,42 U.S.C.
§ 7506(c), consistent with the joint FHWA/FTA document, "Interim Guidance for Implementing Key
SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWAJFTA Authorities." dated
September 2,2005, and any subsequent applicable Federal directives that may be issued; with U.S. EPA
regulations. "Conformity to State or Federal Implementation Plans of Transportation Plans,Programs, and
Projects Developed, Funded or Approved Under Title 23 US.C. or the Federal Transit Act," 40 C.F.R. Part 51,
Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans,"
40 C.F.R. Part 93, and any subsequent Federal conformity regulations that may be promulgated. To support the
requisite air quality conformity finding for the Project,the Grantee agrees to implement each air quality
mitigation or control measure incorporated in the Project. The Grantee further agrees that any Project identified
in an applicable State Implementation Plan (SIP) as a Transportation Control Measure will be wholly consistent
with the design concept and scope of the Project described in the SIP.
(2) U.S. EPA also imposes requirements implementing the Clean Air Act, as amended, which may apply to public
transportation operators, particularly operators of large public transportation bus fleets. Accordingly,the
Grantee agrees to comply with the following U.S. EPA regulations to the extent they apply to the Project:
"Control of Air Pollution from Mobile Sources,"40 C.F.R. Part 85; "Control of Air Pollution from New and In-
Use Motor Vehicles and New and In-Use Motor Vehicle Engines," 40 C.F.R. Part 86; and "Fuel Economy of
Motor Vehicles," 40 C.F.R.Part 600.
(3) The Grantee agrees to comply with notice of violating facility provisions of Executive Order No. 11738,
"Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal
Contracts,Grants, or Loans," 42 U.S.C. § 7606 note.
c. Clean Water. Except to the extent the Federal Government determines otherwise in writing, the Grantee agrees to
comply with all applicable Federal regulations and directives issued pursuant to the Clean Water Act, as amended,
33 U.S.C. §§ 1251 through 1377. In addition:
(1) The Grantee agrees to protect underground sources of drinking water consistent with the provisions of the Safe
Drinking Water Act of 1974, as amended,42 U.S.C. §§ 300f through 300j-6.
(2) The Grantee agrees to comply with notice of violating facility provisions of Executive Order No. 11738,
"Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal
Contracts,Grants, or Loans," 42 U.S.C. § 7606 note.
d. Wild and Scenic Rivers. The Grantee agrees to comply with applicable provisions of the Wild and Scenic Rivers Act
of 1968,as amended, 16 U.S.C. §§ 1271 through 1287,relating to protecting components of the national wild and
scenic rivers system; and to the extent applicable,to comply with U.S. Forest Service regulations,"Wild and Scenic
Rivers,"36 C.F.R. Part 297,and with U.S. Bureau of Land Management regulations, "Management Areas,"43 C.F.R.
Part 8350.
e. Endangered Species and Fisheries Conservation. The Grantee agrees to comply with protections for endangered
species set forth in the Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 through 1544, and the
Magnuson Stevens Fisheries Conservation Act,as amended, 16 U.S.C. §§ 1801 et seq..
Historic Preservation. The Grantee agrees to encourage compliance with the Federal historic and archaeological
preservation requirements of section 106 of the National Historic Preservation Act, as amended, 16 U.S.C. § 470f;
with Executive Order No. 11593, "Protection and Enhancement of the Cultural Environment," 16 U.S.C. § 470 note;
and with the Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a through 469c, as
follows:
(1) In accordance with U.S. Advisory Council on Historic Preservation regulations, "Protection of Historic and
Cultural Properties," 36 C.F.R. Part 800,the Grantee agrees to consult with the State Historic Preservation
Officer concerning investigations to identify properties and resources included in or eligible for inclusion in the
National Register of Historic Places that may be affected by the Project, and agrees to notify FTA of those
22
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06-IITD-00079
2. Where the agreed changes result in no adjustment to the price,delivery schedule or time of performance. The
change order shall contain a mutual release of claims for adjustment of price, schedules or time of
performance.
3. Where the changes to the agreement are priced based on the unit prices to be paid for the goods and/or services
established in the agreement.
4. Where the changes to the agreement are priced equal to or less than established catalog generally extended to
the public or on prices or rates set by law or regulation.
Other bilateral modifications not within the terms of this paragraph must be executed by formal amendment to the
agreement, approved in accordance with state law.
SECTION 33 SEVERABILITY
If any provision of the Contract for the Project, is determined invalid, the remainder of that Agreement shall not be
affected if that remainder would continue to conform to the requirements of applicable Federal laws or regulations.
25
06-HTD-00079
Special Provisions
(For Use Only With Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not he deemed valid until it has been appro.ed 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 arc contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law,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.CRS 2410-101 et seq.or the Federal Tort Claims Act,26 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 BE AN 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. CONTRACTOR 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 in whole or in pan
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 stnetiy adhere to all applicable federal and state laws,rules,and regulations that have been or may hereafter
be established.
7. 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 United States copyright
laws or applicable licensing restrictions. The Contractor hereby certifies that,for the tern of this Contract and any extensions,the Contractor has in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that the 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 the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions.
8. 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.
Effective Date: August 1, 2005
26
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06 - /1,7/1-- - 7u
SPECIAL PROVISIONS
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
GOVERN R •
Weld County, Colorado By infigif
Le?al Same olContractint Entity Executive Director
84-6000-813 Department of Transportation
Sccial Security Number or FEIN
/ k> —' LEGAL REVIEW:
Signature of Authorized Officer John W. Suthers,
Attorney General
ict
William H. Jerke. Chair By ` t vY
Print Name&Title of Authorized Officer
12/05/2005
CORPORATIONS:ski `
torpor aresta o is yuir�
11fi1
Attest(Seal) By _ l ( k___ ___trawl
Deputy Clerk to the oard l�
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate. has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below,the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Leslie NI. Shenefelt
By
Date Li/JAIL-Ca/Li 23 20-56
Effective Date: August L 2005
06-HTD-00079
EXHIBIT A
SCOPE OF WORK AND CONDITIONS
WELD COUNTY
A. Standards of Performance
1. The Grantee will provide a minimum of 110.00 one-way passenger trip per year, at a maximum operating and
administrative cost of$10.50 per one-way trip, a maximum cost of$1.70
per mile and a maximum cost of$40.83 per vehicle hour. Standards of performance will be measured, reported and
averaged at least quarterly. Measurement of these standards will commence with the presentation of the Grantee's first
monthly report and request for reimbursement.
2. Performance will be reviewed quarterly. The State will begin its review no later than 30 calendar days
after each performance quarter. If the State's review determines that the Grantee's performance does not meet
the standards of performance set forth in paragraph A.1. above, the following steps will be taken:
a. The State will notify the Grantee in writing that performance does not meet the requirements of this Agreement.
b. Thirty (30)calendar days after date of such notification, the Grantee will submit to the State a written explanation of
the cause(s)of the substandard performance,which shall include a written plan for improving performance.
c. The State will review the plan for improvement and notify the Grantee of its approval within 21 days.
d. If the plan is approved by the Department,the Grantee will implement the plan immediately upon receipt of the State's
notification. If the plan is not approved by the Department remedial measures will be determined on a case by case basis.
Such remedial measures may include termination of this Agreement and return of the grant funds or capital equipment
purchased with such funds, in accordance with the terms of Section 8.
B. Project Budget
I. The net Project cost is estimated to be and shall be shared as follows:
Administrative Costs Operating Deficit
GBL(SG 34) GBL(SP 34)
Federal Share (70%) $14,000 (50%) $ 109,000
Local Share (30%) $ 6,000 (50%) $ 109,000
TOTAL $20,000 $218,000
2. The Project Cost shall not exceed the maximum allowable cost of$238,000. The State will pay no more than
70%of only the eligible, actual administrative costs up to the maximum federal amount of$14,000 no more than 50%of
only the eligible, actual operating costs up to the maximum federal amount of$109,000. The Grantee shall be solely
responsible for all costs incurred in the Project in excess of the amount paid by the State from federal funds for the federal
share of eligible,actual costs. In the event the final, actual Project cost is less than the maximum allowable cost of
$238,000 the State is not obligated to provide any more than 70%of the eligible, actual administrative nor any more than
50%of the eligible, actual operating costs and shall retain the remaining balance of the federal share.
3. Up to one half of the Grantee's share for administrative,and operating expenses may be provided from
unrestricted federal funds. At least one half must be from sources other than federal funds. The Grantee's Share,together
with the Federal share, shall be in an amount sufficient to assure payment of the net Project cost. The State shall have no
obligation to provide State funds for use on this Project. The State will administer federal funds for this Project under the
terms of this Agreement,provided that the federal share of FTA funds to be administered by the State are made available
and remain available. In no event shall the State have any obligation to provide State funds or provide federal FTA funds
for the Grantee's share of the Project. The Grantee shall initiate and prosecute to completion all actions necessary to
enable the Grantee to provide its share of the Project costs at or prior to the time that such funds are needed to meet
Project costs.
4. No refund or reduction of the amount of the Grantee's Share to be provided will be allowed unless there is at the
same time a refund or reduction of the federal share of a proportionate amount.
5. Federal funds shall not be used to reimburse the Grantee for expenses not incurred in cash by the Grantee (e.g.,
donated or in-kind goods and services),though such expenses may be used as the Grantee's share. No more than 30
percent of Project administrative expenses nor more than 50 percent of Project operating expenses may be attributed to
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06-HTD-00079
non-cash, donated, or in-kind expenses.
C. Reimbursement eligibility
Requests for reimbursement for project costs will be paid to the Grantee upon presentation of invoice(s) to the State for
eligible costs incurred through December 31, 2006 and within the limits of Section 3 of this Agreement. The Grantee may
request reimbursements no more than monthly, and will be reimbursed based on the ratio of Federal Share and Local
Share set forth in Project Budget above. However, if the Grantee is designated by the State as a"High Risk Grantee," as
set forth in its State Management Plan, the State reserves the right to limit its reimbursement to the Grantee in any given
month to 10%of the total grant award in order to ensure that Project services could be provided throughout the year in the
event the Grantee encounters financial stability. The final invoice shall be submitted no later than sixty (60)days after the
above date.
D. Contract Expiration
The Agreement shall expire when the capital equipment no longer has a federal interest, as determined by the State. If no
capital equipment is obtained, the contract shall expire upon final reimbursement by the State,within the limits of Section
C. above.
E. Project Description
The Grantee shall perform all the Project activities as described in the application for funding submitted to the State on
June 1, 2005 as specifically described below. That application and update is incorporated herein by reference to the
extent consistent with this Agreement.
Weld County Human Services of Weld County is a nonprofit Governmental agency. Weld County
Transportation began in 1973 with 3 vans. The Head Start program was included in 1975 and the system
continues to grow with the additional programs of Area Agency on Aging, Employment Service programs,
inter-office County services,Colorado Broker System for Medicaid, and a variety of services for rural areas.
We have a software product, purchased in 1997,used for scheduling of 22 drivers. Of the 22 drivers, 1 is
full time; the remainder is part-time,varied hours, 16-32 hours per week. We have 5 office staff, 1
administrator, 1 coordinator, 2 dispatcher/scheduler, and a safety technician. The County contracts with a
Fleet Shop,working in a county facility, for our vehicle maintenance. We transport clients from the disabled
communities,in all of Weld County,to various locations in Weld, Larimer,Boulder,Adams, Denver
counties. There are no other affordable means of travel for our clients. As the broker for Weld County we
check every possible means for the coordination with any other group (private/public). Transportation
works with Social Services, Health department,clinics, doctors,medical facilities within Weld County and
the areas of dstinations. We coordinate our system completely,using equipment for all programs and using
the grid system we have in place to enhance our regular services. We have increased our medical trips to
Denver,Ft. Collins, Loveland, Longmont, and Boulder,whereas they were Monday only -now 2 days and a
third as a"one legged trip",take or return only. We have increased our regular trips to areas through out the
county, Senior Centers,Town Halls, Shopping areas, and private homes to be available for more rides per
month. In some areas we were providing transportation 2/3 times per month and when the need was
documented, we were able to increase services. The continued need seems to be with the frail elderly,
disabled persons, attempting to stay in their own homes and be independent as long as possible. We are a
curb to curb service,door to door as necessary. Many clients depend on us to make their appointments at a
time that will work for them and work around the transportation schedule. Greeley has a bus service,both
fixed and para-transit and we work with them to assure our clients are able to ride The Bus when they arrive
in Greeley/Evans areas. Coordinated efforts on our part, working with clients and persons in charge of the
clients,can and do make the difference in fuel usage and air quality in Weld County.
We provide transportation services to multiple programs within Human Services and Weld County.
Within "Mini-Bus", we provide the transportation for the elderly,disabled, low income and general
public. We have the Head Start and Migrant Head Start programs in Human Services and we are paid
from our Fiscal office with Head Start grant monies to our account. The "AAA", Area Agency on Aging,
where as we provide some transportation services to their"single point entry" clients, including HCBS,
29
06-HTD-00079
The Transit system is demand response and modified demand response open 5 days per week, 52 weeks per year. The
summer months may have hours that differ from the regular program because of the migrant daycare program. The
regular routes to rural towns are built around a call-in system.
County transit service is available to the incorporated and unincorporated areas of Weld County. excluding tilt:
City of Greeley, and is general public with a large number of riders being, elderly, disabled, and low-income
individuals.
The Grantee will advertise its service as available to the general public. Service will not be explicitly limited by trip
purpose or client type. The Grantee will provide comparable transportation services to persons with disabilities according
to the Americans with Disabilities Act of 1990. The Grantee will comply with the Federal Transit Administration Drug
and Alcohol Regulations.
Any costs incurred by the Grantee for which the Grantee receives reimbursement from other FTA funds (i.e., Section
5310, RTAP)may not be listed as a cost to be shared by FTA on the monthly reimbursement request.
F. Safety Data
The Grantee shall maintain and submit, as requested. data related to bus safety. This may include,but not be limited to,
the number of vehicle accidents within certain measurement parameters set forth by the State; the number and extent of
passenger injuries or claims; and, the number and extent of employee accidents, injuries and incidents. +
G. Training
In an effort to enhance transit safety,the grantee shall make a good faith effort to ensure that appropriate training of
agency personnel is occurring and that personnel are update in appropriate certifications. In particular,the grantee shall
ensure that driving personnel are provided professional training in defensive driving and training on the handling of
mobility devices and elderly and disabled persons.
31
06-HTD-00079
EXHIBIT B SECTION 5311
Page 1
GUIDANCE FOR AUDIT OF GRANTEE COMPLIANCE
WITH FTA REQUIREMENTS
Federal Domestic Assistance Catalog No. 20.509
I. PROGRAM OBJECTIVES
Grants made under the Section 5311 program are available through States to provide capital operating and administrative
assistance to public transportation systems in non-urbanized areas.
II. PROGRAM PROCEDURES
Annual formula apportionments are made to States who apply for funds on behalf of local Grantees and administer the
program. The Colorado Department of Transportation is the state agency designated by the Governor to supply for and
administer the funds. The Department, the Grantee, awards funds to subgrantees, hereinafter referred to as Grantees, on a
competitive basis.
III COMPLIANCE REQUIREMENTS AND SPECIAL AUDIT PROCEDURES
A. Matching Requirements
1. Compliance Requirements: The minimum local matching requirements for operating assistance(costs
directly associated with operations) are 50 percent of the net operating deficit. The operating deficit is determined by
subtracting operating revenue from total operating expenses. Operating revenue includes rider fares and donations, and
advertising revenue (e.g., "rolling billboards"). No capital equipment purchases can be charged to operating costs.
The minimum local match for capital equipment purchases is 20 percent and must be in cash. The equipment purchase(s)
must be consistent with the equipment specified in the Agreement's Scope of Work and Conditions (Exhibit A). Capital
equipment is defined as any item costing over$500 with a useful life of over one year.
The minimum local match for administrative expenses is 30 percent. In general, administrative costs include the salaries
of administrators and fiscal personnel, advertising,and overhead. No capital equipment purchases can be charged to
administrative costs.
The local match for operating and administrative assistance can be in the form of documented in-kind contributions. All
local match must be expended for the Project, as described in Exhibit A. Local match cannot be used to match other
programs. Up to 50 percent of the local match can be derived from unrestricted federal sources.
2. Suggested Audit Procedures:
a. Examine the Scope of work and Conditions(Exhibit A).
b. Ascertain the total Project cost.
c. Determine whether local matching funds were applied to the uses for which they were committed.
d. Verify that payment of federal funds is accompanied by the appropriate share of local matching
funds,that in-kind contributions are documented,that matching funds are not used to match other programs, and that
federal funds used as match do not exceed the 50 percent threshold, and that no capital equipment purchases were charged
as administrative or operating expenses
B. Allowable Costs
Compliance Requirements: Expenditures made by the Grantee and charged to the Project must meet the requirements set
32
06-HTD-00079
forth in Section 7 of this Agreement. In general,costs which are not allowable include entertainment,depreciation,
interest,fines and penalties, fund raising expenses, and costs related to providing services in urbanized areas (areas with a
population over 50,000,which include the metropolitan areas of Boulder, Colorado Springs, Denver, Fort Collins. Grand
Junction,Greeley, Longmont and Pueblo.) The Grantee shall determine the costs of serving urbanized areas based on that
percentage of passenger trips provided in urbanized areas as compared to those provided in nonurbanized areas.
Grantees serving resort areas and providing seasonal levels of service may only be reimbursed at that level of service
provided year round, based on the average of the low quarter's monthly service hours applied to annual costs.
Grantees submit monthly (or quarterly)reimbursement requests to the State. On that report Grantees indicate total
transportation costs, which may include costs not related to the Project. The"Amount to be shared by FTA"columns
represent the Project costs and may not include non-allowable costs.
No more than 30 percent of the Project administrative expenses nor more than 50 percent of the Project operating
expenses may be attributed to non-cash, in-kind expenses.
2. Suggested Audit Procedures:
a. Review Section 7 of this Agreement.
b. Review at least three reimbursement requests submitted by the Grantee to the State. Ascertain whether
the Grantee included any non-allowable costs in the"Amount to be shared by FTA"columns.
c. Ascertain whether the Grantee has sufficient controls and procedures in place to ensure non-allowable
costs are not charged to the Project.
C. Accounting Records
Grantees are expected to maintain accounting records in accordance with Section 5 of this Agreement.
Suggested Audit Procedures:
a. Review Section 5 of this Agreement.
b. Ascertain whether the Grantee's procedures and records are in compliance.
33
06-HTD-00079
EXHIBIT C -SECURITY AGREEMENT
This Security Agreement is made by and between the State of Colorado for the use and benefit of THE COLORADO
DEPARTMENT OF TRANSPORTATION. DIVISION OF TRANSPORTATION DEVELOPMENT,hereinafter referred
to as"the State"and , a Colorado private nonprofit organization,hereinafter referred to as
"the Grantee".
A. Purpose. This Security Agreement is made for the purpose of securing the federal interest for the State in
transit vehicles or other project equipment("Project Equipment")purchased with Federal Transit Administration (FTA)
grant funds awarded to the Grantee pursuant to the Agreement between the parties dated this day of
,20 and identified as contract#
The security interest granted to the State herein is to ensure that the State may access, protect and, if necessary,
dispose of the federal interest in each item of Project Equipment and to ensure the proper use of the Project Equipment.
The Grantee shall have no right in the federal interest in such Project Equipment.
B. Project Equipment. Not later than three days after the purchase and acceptance of Project Equipment,the
Grantee shall complete and return to the State the"Certificate of Procurement and Acceptance" form,which then becomes
Addendum Ito this Security Agreement. In the case of vehicle procurement,this certificate must indicate the year, make,
model,VIN,and any other information needed to register the vehicle.
C. Security Interest. In consideration of the value provided to the Grantee under the Agreement dated this
day of , 20 and identified as contract# , the Grantee hereby gives and grants
to the State a security interest in the Project Equipment described in Addendum I and/or described below as follows:
MAKE/MODEL/VIN:
This security interest shall apply to the Project Equipment acquired pursuant to the Agreement dated this
day of , 20 and identified as contract # , whether purchased before or after the
date this Security Agreement is executed. The Grantee hereby authorizes the State to describe in the space above the
Project Equipment subject to this Security Agreement.
D. Lien. The State may place a lien on the title of each Project Equipment vehicle based upon this Security
Agreement. The State shall retain physical possession of the titles of such Project Equipment vehicles and the Grantee
agrees that the State shall be considered"in possession" of such vehicles for the purpose of any document required by
State law to repossess such vehicles if necessary.
E. Disposition of Equipment. In addition to the security interest granted herein, the Grantee agrees to and
acknowledges the right of the State to remove all Project Equipment from the Grantee's premises and to take possession
of any of the Project Equipment, if the Grantee fails to satisfactorily perform the Project services as detailed in the
Agreement, or if the State determines for any other reason, including but not limited to termination of the Agreement,that
the disposition of the federal interest in such Project Equipment is in the best interest of the State. The Grantee agrees that
it will in no way oppose the State's exercise of such right and that it will assist the State to obtain possession and to
remove such vehicles.
F. Assignment. The Grantee agrees not to assert against any assignee of the State any defenses or claims the
Grantee may have against the State.
G. Resolution. The Grantee's Board of Directors shall adopt a resolution approving this Security Agreement
and authorizing its President to execute this Security Agreement. That resolution shall be attached to this Security
Agreement.
ATTEST: FOR THE GRANTEE By:
Print Name:
Date: Title:
34
06-HTD-00079
Exhibit C Page 2
CERTIFICATION OF PROCUREMENT AND ACCEPTANCE
(Security Agreement Addendum Il
(Grantee's Name) hereby acknowledges receipt of the following
vehicle:
Year/Make/Model Vehicle Identification Number
and accepts same as in substantial compliance with the requirements contained in the bid package and
agreement with
(Vendor's Name), and waives any claim for changes for any variation from said
requirements.
(Grantee's Name) hereby certifies that it has examined the specifications,bid procedures, award documents,
and the
proceedings followed and find that the procurement of the above equipment is consistent with and meets all the
program requirements as outlined in its Agreement with the State of Colorado, the Colorado Department of
Transportation, Division of Transportation Development, dated this day of , 20 and
identified as contract#
(Grantee's Name) further certifies that it will comply with the terms of
Exhibit C ("Security Agreement") of the contract named above and it hereby gives and grants to the State a
security interest in this vehicle in the amount of$
Organization:
By: Date:
Notary Public:
My Commission Expires:
35
06-HTD-00079
SAMPLE OPTION LETTER
Exhibit D
Date: State Fiscal Year: Option Letter No.
SUBJECT: (Please 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
5- Level of service change in conjunction with renewal for additional term
In accordance with Paragraph(s) of contract routing number(F)) (Agency) (Routing#), between the
State of Colorado,Department of Transportation, (division name) 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 ($amount of change) to a new contract
value of($ ) 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.
The total contract value to include all previous amendments, option letters, etc. is ($ ).
APPROVALS:
State of Colorado:
Bill Owens,Governor
By: Date: Executive Director
Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller,or such assistant as he may delegate,has signed it. The contractor is not authorized to begin performance until
the contract is signed and dated below. If performance begins prior to the date below,the State of Colorado may not be
obligated to pay for goods and/or services provided.
State Controller
Leslie M.Shenefelt
By:
Date:
Effective Date: August 1, 2005
36
06-HTD-00079
SAMPLE BILATERAL CHANGE ORDER LETTER
Exhibit E
Date: State Fiscal Year: Bilateral Change Order Letter No.
In accordance with Paragraph of contract routing number(FY) (.4zencv) (Routine#) between the State of
Colorado Department of Transportation (division)and (contractor's name) covering the period of (include performance
period here))the undersigned agree that the supplies/services affected by this change letter are modified as follows:
Choice#1: Services/Supplies
Exhibit/Attachment , Schedule of Equipment for Maintenance or Schedule of Delivery, is amended by
(adding/deleting) or(increasing/decreasing) the level of services. The term of this contract is hereby modified by
(increasing/decreasing)the ending term date as appropriate to the change made above.
Choice#2: Price/Cost
The maximum amount payable by the State for(service/commodity) in
Paragraph/Schedule/Exhibit/Attachment/Provision/Section is (increased/decreased)by ($amount of change)to
a new total of($ )based on the unit pricing schedule in Exhibit/Attachment . The first sentence in Paragraph
is hereby modified accordingly.
The total contract value to include all previous amendments, change orders, etc. is ($ ).
Choice#3 No Cost Change
The parties agree that the changes made herein are "no cost" changes and shall not be the basis for claims for adjustment
to price,cost ceiling,delivery schedule, or other terms or conditions of the contract. The parties waive and release each
other from any claims or demands for adjustment to the contract, including but not limited to price, cost, and schedule,
whether based on costs of changed work or direct or indirect impacts on unchanged work.
[Include this sentence]: The effective date of this change order is upon approval of the State Controller or(dam), 20
whichever is later.
Please sign, date, and return all copies of this letter on or before 20
APPROVALS:
Contractor Name: State of Colorado:
Bill Owens,Governor
By: By: Date:
Name For the Executive Director
Title Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller,or
such assistant as he may delegate,has signed it. The grantee 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
Effective Date: August 1,2005
37
06-HTD-00079
PROCUREMENT AUTHORIZATION
EXHIBIT F
("the Grantee") has been awarded Federal funds by CDOT
with which to purchase capital equipment.
The State has conducted a competitive procurement process and executed a Price Agreement with
(Vendor name), identified as Price Agreement# , for the
purchase of certain vehicles. The Grantee is being awarded a vehicle(s) that fits under the scope of that Price
Agreement.
The Grantee is hereby ordering a vehicle and options under the terms of that Price Agreement. The eligible
vehicle, quantity, floor plan and options being ordered is described as follows:
It is agreed that the total price of the vehicle(s) to be procured based on the Price Agreement is $
The Federal Share provided for this purchase is $ . The Grantee shall pay the Grantee Share of S
and shall separately pay for additional items outlined below, if applicable.
If the Grantee wishes to order any additional items not contained in the Price Agreement, they will be listed
below and shall be purchased by the Grantee at its own expense upon delivery of the vehicle.
The Vendor will deliver the vehicle(s) to the Grantee at the following address at a time and date acceptable to
both parties:
The Grantee shall obtain the approval of the CDOT Transit Unit before submitting this form to the Vendor.
This purchase is authorized for the Grantee by:
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38
06-HTD-00079
EXHIBIT F
Page 2
Print name
Title
Signature Date
This Authorization has been reviewed and approved for content by CDOT by:
Print name •
Title
Signature Date
39
06-HTD-00079
NOTICE OF ACCEPTANCE/NON-ACCEPTANCE
EXHIBIT G
The Grantee accepts the vehicle (YIN # ) on this_day of
, 20 , as it has been delivered by the Vendor. The Grantee agrees that the Colorado
Department of Transportation will be billed by the Grantee within five working days for reimbursement of the
Federal Share and further agrees that it will pay the Federal Share to the Vendor within five working days of
receipt of reimbursement from CDOT. The Grantee acknowledges it may be liable for interest charges if the
Federal Share is not reimbursed to the vendor within 30 calendar days of acceptance of the vehicle.
The Grantee does NOT accept the vehicle (VIN # ) as it has been
delivered by the Vendor. The Grantee will not accept the vehicle until corrective action is taken on the
following deficiencies:
Authorized for the Grantee by:
Print name
Title
Signature Date
cc: CDOT Transit Unit
40
041# 41DI
TO: Chair, Weld County Board of
7� County Commissioners
!Elk FROM: Walt Speckman,
' A
Human Services Executive Director
COLORADO
SUBJECT: Signature sheets for 5310/5311 grant
DATE: November 28, 2005
Enclosed for the Board signatures are six pages, collectively stated as "Special Provisions"
to be signed by the Board of County Commissioners as a contract between Weld County Board
of County Commissioners and the Colorado State Department of Transportation for the 2006
Grant 5310 (3 originals) and Grant 5311 (3 originals).
Grant 5310, funding will be available to the Weld County Transportation Program from the State
of Colorado, Department of Transportation in the amount of$82,000 (State) and $20,500 local
match for a total of$102,500 for capital cost for vehicles and $20,000 (State) and $5,000 local
match for capital cost for a total of$25,000 for radios.
Grant 5311, funding will be available to the Weld County Transportation Program from the State
of Colorado, Department of Transportation in the amount of$14,000 (State) and $6,000 local
match for administration at a 70% - 30% split, and $109,000 (State) and $109,000 local match
for operational costs at a 50% - 50% split for a total of $238,000.
If you have questions, please call me at ext. #3317 or Patsy Drewer, ext. #3490.
2005-3541
Page 1 of 3
D email the Form Administrator Printer Friendly al
2006/2007 FTA 5310/5311 Application for Grant Assistance
Agency Name Weld County Transportation
Address P.O. Box 1805
City, State, Zip Greeley CO 80632-1805
Tax ID(FEIN) 846000813
Telephone 9703564000 Fax 9703046404
Website pdrewer@co.weld.co.us
Please list all subrecipients/contractors.
Weld County Transportation
Applications must be received by 5PM JUNE 1,2005 at the Colorado Department of Transportation's
Transit Unit.You will be notified by email when your application has been received by CDOT.
Applications will not be accepted after 5PM JUNE 1,2005. Applications may not be faxed. If an electronic
submission is not possible,then please mail the application. Certifications and Assurances are to be
mailed to this address as well. The use of a private carrier,who can track the whereabouts of these
original documents is highly recommended.
Eric Ellis, Grants Coordinator
Colorado Department of Transportation
Division of Transportation Development
Transit Unit
4201 E.Arkansas Ave.
Empire Park Building "B" Suite 606,
Denver,CO 80222
CDOT's Transit Unit has a different physical location:
1325 S. Colorado Blvd. Building"B" Suite 606 Denver,Colorado 80222.
If you need directions, please call Eric Ellis at(303)757-9771.
Please go to the link below and print-out the Application Guidance Manual for important instructions on
how to fill-out this application for funding. (For best page layout on printing this 31 page document, set
your printer margins to .5 inches on all sides). Please note that certifications and assurances are attached
at the end of the manual. These documents require original signatures and therefore require being mailed
seperately from the electronic application and must be received at CDOT by the application deadline.
Please plan accordingly.
06 07 Application Guidance Manual.doc
VEHICLE REQUESTS
Requests for capital equipment (both vehicle and non-vehicle) are addressed by accessing your agency's
VEHICLE INVENTORY. After completing this application, please make sure your capital inventory is
current and includes ALL vehicles. To access the vehicle inventory please use the following steps: Be sure
to be logged into the transit website,go to the "Agencies" menu and select "Edit Capital Inventory" from
the drop-down menu.You will be able to edit existing capital,as well as request new vehicles or request
other new non-vehicle items. Your agency's inventory must be up to date in order to process your
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Page 2 of 3
TABLE D SERVICE AREA POPULATION
Ltsc the U.S.Census Bureau link below and print out the population table.1 his will give you the data to till-out Table 1)
Service Area Population. Please list the name and population of each community that comprises your service area.
Ault/Eaton/Pierce/Nunn 5,477 A;
Dacona/Frederick/Firestone 5,243
Greeley/Evans/LaSalle/Garden C. 88,033
Mead/Erie 8,308
Ft.Lupton/Hudson/Keenesberg 9,491
Kersey 1,389
Johnstown/Milliken 6, 715
Gilcrest/Platteville/Lochbuie 5, 581
Windsor 9, 896
Weld (unincorperated/rural) 40, 803
'lOTA1.SERVICE AREA POPULATION
180936
2000 Census Data.xlsO
TABLE E PERFORMANCE MEASURES DATA
Performance Data(numbers 1-4 data Actual 2004 Estimated 2005 Proposed 2006 Proposed 2007
needs to be entered,the remaining data
should calculate automatically)
1)Total#of Passenger Trips 85567 112623 ------- 117128 121813
2)Total#of Vehicles in Service 43 43 ! 45 I 45
3)Total 4 of Vehicle Service Miles I 554024 551127 I 573172 f 596099
4)Total`t of Vehicle Sen ice I[ours 28374 36886 I 38361 r- 39895
Cost Per Mile 1.96 2.05 I 2.05 I 2.05
•
Cost Per Vehicle Service Hour 38.29 r 30.63 30.63 r 30.63
Cost per Passenger Trip I 12.7 I 10.03 ` 10.03 I 10.03
•
Passenger Trips Per Capita 0.47 f 0.62 ! 0.65 i 0.67
• Passenger Trips Per Service Hour* 3.02 I 3.05 I 3.05 r 3.05 .
*If yon broker>50%of your trips this
performance measure will not be _
included in your agency's erariaation
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Page 2of3
TABLE F PASSENGER TRIP DATA(TOTALS SHOULD EQUAL 100%)
Actual Estimated Proposed 2006 Proposed 2007
2004 2005
Percent of passenger trips for each category
a) Trips made by the disabled >60 years old. r 9 r —9 I 9 I 9
b) Trips made by the disabled='60 years old.
c) Trips made by the non-disabled:=60 years old. — -..
I--------2i
--- 22 r •
22 r
22 I.__._._.`..22
d) trips made by the non-disabled:60 years old. I 61 I 61 I 61 I 61
Total r`• 100 E 100 [ 100 --- 100
Actual 2004 Estimated 2005 Proposed 2006 Proposed 2007
Percent Lift Assistance
a) Percent\1hecichsir [rips I 6 I 7 I 8 ( 9
Actual Estimated 2005 Proposed 2006 Proposed 2007
2004
Percent of trips by purpose
a) Medical Sites 9 9 I 9 1 9
b) Nutrition Sites
3 I 3 3 3
c) EmploymenUEducation Sites I 78 78 78 78
d) Shopping Sites r 5 ---� 5 5 5
e) Social/Recreational Sites r 4 4 4 4
0 Other 1 r ,_ I 1 1
Total 100 100 100 I 100
Actual 2004 Estimated 2005 Proposed 2006 Proposed 2007
Percent passengers by Ethnic Group
a) American Indian:/Alaska Native ( 1 2 Z
b) Asian '
2 2 � 3 3
c) Black/African American ! 1 t 2 2 f 3
d) hispanic 73 — 75 78 79
e) Native ti i aiiin 0 0 0 0
fl White -- 23 20 15 r 13
Total j 100 100 100 j 100
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Page 2of3
CURRENT SERVICE DESCRIPTION AND PROPOSED PROJECT ALL APPLICANTS
(Please refer to Application Guidance Manual p. 13)
C urrem Service Descripliun (vnur comments will he limited w 40O eharacten,nr approx.750 worth)
A. DESCRIPTION OF ORAGNIZATION
Weld County Human Services of Weld County is a nonprofit
Governmental agency. The Executive Director is hired by the County
Commissioners . The Chairman of the Board of Commissioners is the
legal grantee for all grants dispersed to Human Services working
with a wide range of public assestance programs . The total budget
for Fiscal 2004 was $11,433, 351. 00 .
Weld County Transportation begin in 1973 with 3 vans. The Head
Start program was included in 1975 and the system continues to grow
with the additiional programs of Area Agency on Aging, Employment
Service programs, inter-office County services, Colorado Broker
System for Medicaid, and a varity of services for rural areas. We
have a software product, purchased in 1997, used for scheduling of
22 drivers. Of the 22 drivers, 1 is full time, the remainder are
part-time, varied hours, 16-32 hours per week. We have 5 office
staff, 1 administrator, 1 coordinator, 2 dispatcher/scheduler, and
a safety technician. The County contracts with a Fleet Shop, working
in a county facility, for our vehicle maintenance. We transport
clients from the disabled communities, in all of Weld County, to
various locations in Weld, Larimer, Boulder, Adams, Denver counties .
There are no other affordable means of travel for our clients. As
the broker for Weld County we check every possible means for the
coordination with any other group (private/public) . Transportation
works with Social Services, Health department, clinics, doctors,
medical facilities within Weld County and the areas of dstinations .
We coordinate our system completely, using equipment for all
programs and using the grid system we have in place to enhance our
regular services.
We have increased our medical trips to Denver, Ft. Collins, Loveland,
Longmont, and Boulder, whereas they were Monday only - now 2 days
and a third as a "one legged trip" , take or return only. We have
increased our regular trips to areas through out the county, Senior
Centers, Town Halls, Shopping areas, and private homes to be
available for more rides per month. In some areas we were providing
transportation 2/3 times per month and when the need was documented,
we were able to increase services . The continued need seems to be
with the frail elderly, disabled persons, attempting to stay in
their own homes and be independent as long as possible. We are a
curb to curb service, door to door as necessary. Many clients depend
on us to make their appointments at a time that will work for them
and work around the transportation schedule. Greeley has a bus
service, both fixed and para-transit and we work with them to assure
our clients are able to ride The Bus when they arrive in
Greeley/Evans areas . Coordinated efforts on our part, working with
clients and persons in charge of the clients, can and do make the
difference in fuel usage and air quality in Weld County.
411 inn
Page 2 of 3
SERVICE JUSTIFICATION ALL APPLICANTS
(Please refer to Application Guidance Manual p.15)
Scnice lu,liIication(\our comments will he Iimiled to 40( 0 characters.or appros. 750 words)
Demand Response Service
We are a Demand Response program. Our clients consist of elderly,
disabled, low income and general public. Our primary destinations
are Medical Facilities . The medical trips are of highest concern in
every survey we have seen in Weld County. We continue to provide our
clients with trips to Social Services, shopping areas, recreational
sites and general public trips to a number of destinations.
We have many set routes and time restrains beyond the services that
we all ready in place. It is the goal of Weld County Transportation
to serve elderly, disabled and general public. We continue to look
for ways to grow in the areas we have set and desire to enter into
additional areas necessary to serve the needs of Weld County
residents . Our geographic area in Weld is 4004 square miles. There
is a very large number of the aging society and this area is
consistly growing with disabled clients moving into the area, known
as a "mecca" for disabled people due to our U.N.C. classes and the
city becoming more pro-active in services for the disabled. We have
support, in terms of non-financial resources from many different
area, but lack financial support for the services. We receive
monies from FTA, coming to us by way of C-DOT grants and
we have some CSBG Grant money from year to year. We utilize many
volunteers, in wide spread areas to help transport needs from their
own areas, to supplement our established routes . Some of the monies
we spend for the reimbursements comes in CSBG grants. Local van
purchases with private and special groups in Windsor, Platteville
and Ft. Lupton have vans but are very limited in resources to
continue transportation for the area clients . Weld County continues
to provide rides as much as possible.
It is our goal to increase the public demand response capabilities
by 4% in the years of 2006-2007 . We continue to work on a fare
system to help generate funds, to provide additional routes/rides.
We will continue to utilize the expertise of the workers in the
programs within Human Services (Head Start, Migrant Head Start, AAA,
Employment Services, Senior Nutrition) , Weld County Government,
Health Care personnel, Social Services, and all existing programs
serving the needs of the elderly, disabled and general public to
best serve as many clients as possible with the Transportation
Program.
As funding from Medicaid continues to dry-up, needs for all Weld
County residents increases, funding unable to be used from sources
such as United Way, and/or other transportation grants, funding is
becoming less likely to reach us, we strieve to increase where we
serve now and set up new routes in area with unmet needs .
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Pap 2of3
FINANCIAL JUSTIFICATION ALL APPLICANTS
(Please refer to Application Guidance Manual p.16)
Financial luslilication(your comments will he limited to 3000 characters,or approx. 750 words)
A. Financial Justification 010,
FTA is the only source of funding in our agency to provide services
to the rural, general public who need transportation. FTA is the
largest funding source for the senior minibus service which covers
3, 999 square miles for Weld County. With out FTA funds, all services
would either be eliminated or very limited.
B. Fiscal Resources of Applicant
Medicaid - Weld County Transportation (WCT) is a broker for Medicaid
for non-emergent medical transportation. Social Services contracts
with WCT to provide these services . With current budget cuts , this
source of funding remains very unstable.
Older Americans Act (OAA) - WCT has an intra-agency agreement with
Weld County Area on Aging to transport the senior congregate meals
(70, 500 annually) from meal provider to 21 senior sites around the
county. The OAA reimburses at break even costs.
Head Start/Migrant Head Start "l WCT has an intra-agency agreement to
transport the program children to the 13 sites around the county.
Cost for services are reimbursed from the per pupil operating rate
•
from Head Start funding.
State Preschool Li This program flows through the Head Start Program
and children are transported to the head start sites through intra-
agency agreement. Funds are reimbursed same as Head Start costs per
pupil and school districts at a break even cost.
Community Services Block Grant H This grant provides partial funding
for senior minibus services and WELDCOS. The cost is reimbursed at a
break even rate from the (CSBG) grant . This service is supplemented
by FTA 5311 funds . Only half the current services would be available
if the FTA 5311 funds were not awarded.
Americorp This is an intra-agency agreement with the Corp to
provide van use for transporting members to projects and training.
Reimbursed to WCT at a break even rate .
TANG Temporary Assistance to Needy Families _ The transportation
department has an intra-agency agreement with Employment Services of
Weld County via a contract with Social Services to provide
transportation to clients for employment, training and child care
needs . Due to State budget cuts TANF funding has become very
unstable.
County Government - Weld County Government provides general funding
for capital van purchases and match for 5310 capital purchases. Weld
County also provides in kind of donated transportation office and
parking space for vans and major fuel discounts . Weld County also
allocates funds to the Senior Sites and although these funds do not
go directly to transportation, Senior coordinators working from
their respective centers, are the local schedulers for
transportation requests to WCT.
C. Revenues and Contract Resources
Fares or donations - Weld County has of ye_, non found an efficient,
fair and safe way to implement the collection of fares on our public
routes . Since most of Weld County s rural areas for transportation
are implemented toward the low income clients, we are emphasizing se
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Page 2of3
COORDINATION OF SERVICE ALL APPLICANTS
(Please refer to Application Guidance Manual p.14)
Cnurdinaliun of Scnice Ivuur comments will he limited lu 40110 eharneters, or appms. 750 wurdsi
Coordination of Service:
We provide transportation services to multiple programs within Human
Services and Weld County. Within Mini-Bus, we have the transport
the basic elderly, disabled, low income and general public. We have
the Head Start and Migrant Head Start programs in Human Services and
we are paid from our Fiscal office with Head Start grant monies to
our account . The AAA, Area Agency on Aging, where as we provide
some transportation services to their "single point entry" clients,
including HCBS, (non medical Medicaid clients) , Senior Nutrition
deliveries, 22 in numbered sites, transportation to and from the
Senior Nutrition sites, Employment Services including TANF,
Temporary Aide to Needy Families, Job Placement, Summer Youth,
and Americorp. We coordinate any/all transportation services when
possible. We often move Head Start students with a Mini-Bus clients
who live in the same geographic area, or the destination could be
similar. We can coordinate a Senior Nutrition meal deliver with a
Mini-Bus client.
We have, on occasion, worked with Morgan County Transportation
Services, to meet in/near Wiggins and trade clients at a designated
stop to enhance both programs.
We also contract with MesAbiity to provide Migrant Head Start
Transportation to the Head Start centers in Grand Junction and
Olatha. They utilize their buses for all programs, much the same
way as Weld County.
Weld County brings clients to Greeley for various reasons. We have
a schedule for a return at a certain time. When we "drop" the client
we are able to suggest other means of getting around town (on City
Bus) . The client has the option of traveling within THE BUS routes
on the fixed route services . We are working with the City to bring
clients in from rural area and allow them to ride the Para-Transis
bus as needed. We are in the second stage of detailing that project.
One of the unique part of our Mini-Bus program is the fact the
clients trust us to make their appointment for the doctors, therapy,
and shopping appointment for them. We utilize this time to set up,
and plan as many varied destinations as possible.
We travel to out of town destination outside Weld County for Doctor,
Medical appointments and, again, the client allow (encourage) us to
make their appointment, and we are very pleased with this as we can
coordinate with other clients, thus saving a lot of miles and times .
Brochures are posted in several areas, and are replaced or updates
when necessary. Our telephone number is printed on the sides (right
and left, for the general knowledge and as a referral basis for new
clients .
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