HomeMy WebLinkAbout20053602.tiff RESOLUTION
RE: APPROVE INTER-GOVERNMENTAL CONTRACT FOR TEEN SEATBELT
EDUCATION IN WELD COUNTY AND AUTHORIZE CHAIR TO SIGN
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Inter-Governmental Contract for Teen
Seatbelt Education in Weld County between the County of Weld,State of Colorado,by and through
the Board of County Commissioners of Weld County,on behalf of the Weld County Sheriffs Office,
and Colorado Department of Transportation(CDOT),commencing upon full execution,and ending
September 30, 2006, with further terms and conditions being as stated in said contract, and
WHEREAS,after review,the Board deems it advisable to approve said contract, a copy of
which is attached hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Inter-Governmental Contract for Teen Seatbelt Education in Weld County
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Sheriffs Office, and Colorado
Department of Transportation (CDOT) be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 12th day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
�e ;" _.WELD COUNTY, COLORADO
ATTEST: I I1D f ,a
1161 - .—William H.Jrke, Chair
Weld County Clerk to the rd ,,
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BY: U 1 Ct�z�G! UNI , . ile, r -Te
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APPROV AST M: `J?D `
Robert
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D. Mas en
ounty Attorney
Date of signature: 12)21S 1'
Glenn V
2005-3602
SO0026
(-C> f. C va «�
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Colorado Department of Transportation ,^_ '
Traffic/Safety Engineering,EP Suite 770 OT
4201 E.Arkansas Avenue ___
Denver,Colorado 80222
December 2, 2005
Kenneth Poncelow
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
Re: Contract # 06 HTS 00005
Dear Kenneth,
Enclosed, please find one agreement between the Colorado Department of Transportation
and Weld County Sheriffs Office. Please sign where indicated and have these
agreements attested to, if applicable. Keep one original for your file. Return three signed
agreements and the completed signature page to me at the above address. A fully
executed contract will be sent to you upon completion of the contracting process.
If you have questions or need further information, please contact me at 303.512.5003
PLEASE NOTE: Your signature is the first signature in the final agreement process.
YOU ARE NOT AUTHORIZED TO SPEND ANY OF THESE FUNDS AT THIS
TIME. You will be notified, in writing, when these funds are made available for your
use.
Sincerely,
Leslie Chase
Program Manager
CC: file
program manager
2005-3602
SIGNATURE PAGE
PROJECT NAME: Teen Seatbelt Education in Weld County
PROJECT NUMBER: 06-06-61-07
CONTRACT NUMBER: 06 HTS 000
CONTRACTS:
NAME:
TITLE:
SIGNATURE:
REPORTS AND CLAIMS:
NAME:
TITLE:
SIGNATURE:
Colorado Department of Transportation
Contract Financial Budget Project # 06-6107
Budget Allocation For HSP # 06.06-61-07 Task # 06-06-61-07
Cost Category OTS Agency Total
Personal Services $21,912 $21,912
Operating Expenses $23,000 $23,000
Travel Expenses
Capital Equipment
Other
Totals $23,000 $21,912 $44,912
Distribution of OTS Funds (Benefit of): State $ Local Total
Budget Allocation For HSP # Task #
Cost Category OTS Agency Total
Personal Services
Operating Expenses
Travel Expenses
Capital Equipment
Other
Totals
Distribution of OTS Funds (Benefit of): State $ Local $
Budget Allocation For HSP # Task #
Cost Category OTS Agency Total
Personal Services $ $ $
Operating Expenses $ $ $
Travel Expenses $ $ $
Capital Equipment $ $ $
Other $ $ $
Totals $ $ $
Distribution of OTS Funds (Benefit of): State $ Local $
Total Budget OTS Agency Total
23,000 21,912 44,912
Previous editions are obsolete and may not be used. CDOT Form#1108
5/92
Attachment A ,page 3 of 3
Colorado Department of Transportation
Contract Objective Plan
State Program: Public Ways Contracting Agency: Weld County Sheriffs Office
State Sub-Program: Transportation Safety Project Coordinator: Ken Poncelow
Problem Solution Plan: Occupant Protection Contract Period: Effective date to September 30,2006
Project#: 06-6107 HSP# 06-06-61-07 Task# 06-06-61-07
Objective:
To Increase seat belt usage in beginning drivers and teen passengers through a multi-faceted campaign including
Weld County Sheriffs Department, parents and teens. This campaign will target elementary through high school
students by conducting a variety of activities to educate and reward students of the importance of wearing a
seatbelt.
Activity Description
Task Program Administration:
Activity # A. Develop/Create a letter of agreement between Weld County Sheriff's Department and the parents of Weld
County Elementary students stating that the parents agree, along with all other occupants of their vehicle,
06-61-01 to wear seat belts while traveling in a moving vehicle.
B. Distribute letter of agreements during elementary school planned"Seat Belt Safety"educational assemblies
and/or classroom presentations.
C. Host an Ice Cream social with the one classroom from each elementary school that returns the most signed
letters of agreements to wear seat belts.
D. Develop/Create a letter from the Weld County Sheriff's Office explaining the importance of seat
belt usage. This letter will be sent to all registered owners of vehicles observed with non- seat belt usage.
E. Monthly, contact and reward 2 students from every High School for wearing their seat belt, and having all
occupants of their vehicle in seat belts.
F. Monthly, identify drivers in High School parking lots that are not wearing seat belts.
G. Produce and distribute 1,000 Spanish speaking video(10-15 minutes) about the Colorado State Law
concerning seat belt use and other traffic issues. This video will be given to all mono-lingual parents in
elementary schools across Weld County.
H. Conduct at least one traffic safety presentation in each High School in Weld County. (P.A.R.T.Y.) Prevent
Alcohol and Risk-Related Trauma and/or Every Fifteen Minutes.
I. Coordinate program efforts with other local teen traffic/highway safety projects, such as"Drive
Smart"and various local community entities.
J. Develop a pre/post and 3 month seat belt survey to be used to track seat belt usage/non-usage in Weld
County High School parking lots, in conjunction with the high school educational outreach.
Information and Access
Task Activity# A. Educate a minimum of 10,000 elementary school students and parents.
B. Educate a minimum of 5,000 high school students and parents.
06-61-02 C. Coordinate program activities with other local traffic safety entities, such as Catholic Charities Northern,
and the Drive Smart Weld County Coalition.
D. Coordinate any external campaign media program activity information with the Public Relations Office of
the Colorado Department of Transportation. The CDOT Public Relations office will administer the placing of
external campaign media support and coordination of the program activities, especially earned media.
Program Reporting
Task Activity # A. Provide quarterly reports by April 20, July 20, and October 2006. Submit cost incurred claims on a regular
basis for the duration of the claim.
06-61-03 B. Submit a final report and claim for costs incurred no later than October 26, 2006.The final report will include
a program effectiveness evaluation, program process data and recommendations for future teen traffic
safety/seat belt activities.
Previous editions are obsolete and may not be used. CDOT Form#1106
7/92
Attachment A,page 1 of 3
Previous editions are obsolete and may not be used. CDOT Form#1106
7/92
Attachment A,page 1 of 3
Previous editions are obsolete and may not be used. CDOT Form#1106
7/92
Attachment A,page 1 of 3
Previous editions are obsolete and may not be used. CDOT Form#1106
7/92
Attachment A,page 1 of 3
Colorado Department of Transportation
Contract Evaluation Data
Project#: 06-6107 HSP# 06-06-61-07 Task# 06-06-61-07
Task Type of Report
Activity Evaluation Description Evaluation Time Frame
Activity Description
Task Program Administration:
Activity # A. Developed/created a letter of agreement between Weld Performance First Quarter
County Sheriff's Department and the parents of Weld
06-61-01 County Elementary students stating that the parents agree,
along with all other occupants of their vehicle, to wear seat Quarterly/Final
belts while traveling in a moving vehicle.
B. Distributed a letter of agreement during elementary school
planned"Seat Belt Safety"educational assemblies and/or
classroom presentations.
C. Hosted an Ice Cream social with the one classroom from
each elementary school that returned the most signed Quarterly/Final
letters of agreements to wear seat belts.
D. Developed/Created a letter from the Weld County Sheriff's
Office explaining the importance of seat belt usage. This
letter will be sent to all registered owners of vehicles
observed with non- seat belt usage.
E. Monthly, contacted and rewarded 2 students from every
High School for wearing their seat belt, and having all
occupants of their vehicle in seat belts.
F. Monthly, identified drivers in High School parking lots that
were not wearing seat belts.
G. Produced and distributed 1,000 Spanish speaking videos
(10-15 minutes) about the Colorado State Law concerning
seat belt use and other traffic issues. This video was given
to all mono-lingual parents in elementary schools across
Weld County.
H. Conducted at least one traffic safety presentation in each
High School in Weld County. (P.A.R.T.Y.) Prevent Alcohol
and Risk-Related Trauma and/or Every Fifteen Minutes.
I. Coordinate program efforts with other local teen
traffic/highway safety projects, such as"Drive
Smart"and various local community entities.
J. Developed a pre/post and 3 month seat belt survey that
was used to track seat belt usage/non-usage in Weld
County High School parking lots, in conjunction with the
high school educational outreach.
Task Activity# Information and Access
A. Educated a minimum of 10,000 elementary school students
06-61-02 and parents.
B. Educated a minimum of 5,000 high school students and
parents.
C. Coordinated program activities with other local traffic safety
entities, such as Catholic Charities Northern, and the Drive
Smart Weld County Coalition.
D. Coordinated an external campaign media program activity
information with the Public Relations Office of the Colorado
Department of Transportation. The CDOT Public Relations
office will administer the placing of external campaign
media support and coordination of the program activities,
especially earned media.
Previous editions are obsolete and may not be used. CDOT Form#1107
8/93
Attachment A ,page 2 of 3
Task Activity Program Reporting
A. Provided quarterly reports by April 20,July 20, and October
2006. Submitted cost incurred claims on a regular basis for
06-61-03 the duration of the claim.
B. Submitted a final report and claim for costs incurred no later
than October 26, 2006.The final report will include a
program effectiveness evaluation, program process data and
recommendations for future teen traffic safety/seat belt
activities.
Previous editions are obsolete and may not be used. CDOT Form#1107
8/93
Attachment A ,page 2 of 3
Previous editions are obsolete and may not be used. CDOT Form#1107
8/93
Attachment A ,page 2 of 3
•
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 06 HTS 00005
Inter-Governmental Contract
THIS GRANT CONTRACT, made this %4 day of lopee , 2005 by and
between the State of Colorado, for the use and benefit of the Department of Transportation,
Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222,
hereinafter referred to as the State, and the Weld County Sheriff's Office, 1950 O Street,
Greeley, CO 80631,hereinafter referred to as"the Grantee"or"the Contractor".
WHEREAS,authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 400,Appropriation Code 303 Orgn,Unit 9836, GBL Number 617C
Function 8001 ,FEIN Number 846000813; and
WHEREAS,required approval, clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, the State is authorized under Sections 43-5-401 and 24-42-103, C.R.S.,as
amended, to coordinate with the federal government and other entities to develop and implement
plans and programs involving all aspects and components of traffic safety in Colorado; and
WHEREAS,pursuant to Title 23 United States Code, Sections 402,408, and 410,and to 23
Code of Federal Regulations, Parts 924, 1204 and 1205, the State has received approval and grant
funding for implementation of its Fiscal Year 2003-2005 Integrated Safety Plan(ISP), from the U.S.
Department of Transportation,National Highway Traffic Safety Administration and Federal
Highway Administration; and
WHEREAS,the ISP contains programs and activities which the State has determined, in
accordance with applicable criteria,are designed to reduce the frequency and severity of traffic
crashes or improve the operational efficiency of existing traffic safety programs in Colorado; and
WHEREAS,the State solicits and reviews grant Applications in accordance with applicable
grant program criteria and determines which agencies or entities would be most appropriate in
completing the objectives, conducting the activities and providing the services required by the ISP;
and
WHEREAS,the Grantee has submitted a grant Application to conduct certain activities
approved in the ISP, which Application has been approved by the State; and
WHEREAS,the Grantee,a political subdivision of the State,has the technical ability to
properly complete the objectives and activities of the Application,as described in Attachment A of
this contract; and
WHEREAS, it has been determined no State agency can reasonably conduct the activities
and provide the services required of the Contractor; and
•
WHEREAS, this contract is executed by the State under authority of Sections 43-5-401 and 24-
42-101, C.R.S., as amended, and is executed by the Contractor under authority of(Corporation: Section
7-22-101, C.R.S., as amended, together with a copy of the bylaws or articles of incorporation verifying
the undersigned has authority to bind the Contractor, and an attestation of the Contractor's signature by
the Corporate Secretary; Partnership: the signature of the general partner, attested to by another partner;
Individual: the notarized signature of the Contractor); and
WHEREAS, the Contractor warrants it has taken all necessary steps to ensure the individual signatory
below has the authority to sign this Contract on its behalf.
NOW THEREFORE, it is hereby agreed as follows:
1. The following Attachments and other documents are incorporated as terms and conditions of this
Contract.
A. State "Special Provisions"
B. Attachment A -Contract Objective and Tasks - Scope of Work("the Work")
C. Office of Transportation Safety Contract Management Manual
D. The Project Application
The Contractor shall comply with all such terms and conditions in the performance of the Work.
2. If a conflict occurs between the terms and conditions of this Contract proper and the attachments
hereto, the priority to be used to resolve such conflict shall be as follows:
A. State "Special Provisions"
B. This Contract proper
C. Attachment A
D. Office of Transportation Safety Contract Management Manual
E. The Project Application
3. The Contractor shall perform the Work(carry out the program, conduct all the activities, and
provide the services) described in the Scope of Work attached hereto as Attachment A.
4. In the performance of the Work, the Contractor shall comply with all applicable administrative
procedures and contract requirements contained in the October 1, 1994 Colorado Highway Safety Contract
Management Manual.
5. The Contractor shall submit periodic and final reports to the State according to the requirements
of the Contract Manual and the reporting criteria set forth in page 2 of Attachment A.
6. The Contractor shall comply with the budget for this contract as set forth in page 3 of
Attachment A. The Contractor shall be solely responsible for all costs incurred in excess of this budget amount.
7. The total estimated program costs shall be$44,912.00 Subject to the conditions of this contract,
the State and Contractor shall participate in providing this amount as follows:
A. State share(federal funds)
2
shall not exceed $ 23,000.00
B. Contractor share $ 21,912.00
(estimated in-kind services as
detailed in application)
C. Total estimated program costs $ 44,912.00
The State share shall be comprised entirely of federal grant funds made available to the State. The State share
amount of this Contract shall not be exceeded without benefit of a fully executed written supplemental contract, or
other appropriate contract modification tool, executed prior to the incurrence of costs in excess of that amount. If
the actual total program costs are less than the estimated total program costs, including as a result of the
contractor's failure to supply all of the estimated contractor share, the state's share shall be reduced
proportionately. The term"proportionately" means the ratio of actual expenditures to total planned expenditures
for both State and contractor shares. The contractor may increase the contractor share without further State
approval,but this increase shall not increase the State share.
The Grantee is prepared to provide its match share of the cost.
8. PAYMENT TERMS . The State shall reimburse the Contractor for the satisfactory
performance of this Contract exclusively from funds made available for this contract under the Highway
Safety Act, Title 23,U.S.C. Section 402. Such reimbursement shall be only as provided in the Contract
Manual. Such reimbursement shall be contingent upon the contribution by the Contractor of its
participating share as provided herein, and shall be contingent upon the continuing availability of federal
funds under the Highway Safety Act, Title 23, U.S.C. Section 402, for the purposes hereof.
A. The State shall reimburse the Grantee's reasonable, allocable, allowable costs of
performance, as defined herein, of the Work, not exceeding the maximum total amount described above.
(1) To be eligible for reimbursement, costs incurred by the Grantee shall be:
(a) in accordance with the provisions of Attachment A and with the terms and conditions of this
Contract;
(b) necessary for accomplishment of the Work;
(c) reasonable in amount for the goods or services purchased;
(d) actual net cost to the Grantee (i.e., the price paid minus any refunds,rebates, or other items of
value received by the Grantee that have the effect of reducing the cost actually incurred);
(e) incurred for Work performed subsequent to the effective date of this Contract; and
(0 satisfactorily documented.
(2) The Grantee shall establish and maintain a proper accounting system in accordance with
generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its
current accounting scheme) to assure that project funds are expended and costs accounted for in a manner
consistent with this Contract and project objectives.
(a) All allowable costs charged to the project, including any approved services contributed by the
Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in detail the nature of the charges.
(b) Any check or order drawn up by the Grantee for any item which is or will be chargeable
against the project account shall be drawn up only in accordance with a properly signed voucher then on
file in the office of the Grantee, which will detail the purpose for which said check or order is drawn. All
3
checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents shall be clearly
identified, readily accessible, and to the extent feasible, kept separate and apart from all other such
document.
B. Unless otherwise provided, and where appropriate:
(1) The State shall establish billing procedures and reimburse the Grantee, based on the
submission of monthly statements in the format prescribed by the State. To be considered for payment,
billings for payment pursuant to this contract must be received within 60 days after the period for which
payment is being requested and final billings on the contract must be received by the State within 60 days
after the end of the contract term.
(2) Payments pursuant to this contract shall be made as earned, in whole or in part, from
available funds encumbered for the purchase of the described services. The liability of the State, at any
time, for such payments shall be limited to the amount remaining of such encumbered funds.
(3) In the event this contract is terminated, final payment to the Grantee may be withheld at
the discretion of the State until completion of final audit.
(4) Incorrect payments to the Grantee due to omission, error, fraud, or defalcation shall be
recovered from the Grantee by deduction from subsequent payment under this contract or other contracts
between the State and the Grantee, or by the State as a debt due to the State.
(5) The Grantee shall submit requests for reimbursement monthly, stating in the invoice a
detailed description of the amounts of services performed, the dates of performance, and amounts and
description of reimbursable expenses.
(6) The Uniform Administrative Requirements for Grants and Cooperative Contracts to
State and Local Governments (the "Common Rule"), and the applicable OMB Circulars cited therein,
shall govern the allowability and allocability of costs under this contract.
(7) Any costs incurred by Grantee that are not allowable under the Common Rule shall be
reimbursed by the Grantee, or offset against current obligations due by the State to the Grantee, at the
State's election.
9. The term of this Contract shall begin on the effective date and shall terminate on
September 30 2006. The effective date of this Contract shall be the date the required signature
approval of the State Controller is obtained on this Contract, as evidenced by the date first appearing
above. Contractor agrees that any contract work performed or costs incurred prior to the effective
date shall not be compensated under the terms of this Contract.
10. The Contractor agrees that any subcontract entered into under this Contract shall
meet all applicable state and federal requirements, including the requirements in Title 49, C.F.R.
Section 18.36 concerning competitive procurements, and must be approved by the Director, Office of
Transportation Safety, prior to execution. Contractor shall not assign this Contract without prior
written approval of the State: any assignment without such approval shall be void.
11. a) Termination Due to Loss of Funding. The parties hereto expressly recognize the
Contractor is to be paid, reimbursed, or otherwise compensated solely with federal funds provided to
4
the State for the purpose of contracting for the services provided for herein. Therefore, the Contractor
expressly understands and agrees all its rights, demands and claims to compensation arising under this
Contract are contingent upon receipt of such funds by the State. In the event such funds or any part
thereof are not received by the State, the State may immediately terminate or amend this Contract.
b) Termination for Cause. If, for any cause, the Contractor shall fail to fulfill in a
timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of
the covenants, Contracts or stipulations of this Contract, the State shall thereupon have the right to
terminate this Contract for cause by giving written notice to the Contractor of such termination and
specifying the effective date thereof, at least 30 days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies, surveys, drawings,maps, models,
photographs and reports or other material prepared by the Contractor under this Contract shall, at the
option of the State,become its property, and the Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other materials.
Any provision of this contract to the contrary notwithstanding, in the event termination of this contract
becomes necessary, in the state's sole discretion, to comply with any court order concerning state
personal services contracts generally or this contract, specifically, this contract may be terminated by
the state immediately upon the giving of notice to contractor without further obligation of the state.
c)Termination for Convenience. The State may terminate this Contract at any time
the State determines the purposes of the distribution of monies under the Contract would no longer be
served by completion of the Project. The State shall effect such termination by giving written notice
of termination to the Contractor and specifying the effective date thereof, at least 20 days before the
effective date of such termination.
12. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts
owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child
support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22,
Title 39, CRS; (c) unpaid loans due to the student loan division of the Department of Higher Education;
(d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts
owing to the state or any agency thereof, the amount of which is found to be owing as a result of final
agency determination or reduced to judgement as certified by the controller.
13. Federal Funding. This contract is subject to and contingent upon the continuing
availability of Federal funds for the purposes hereof. The parties hereto expressly recognize that the
contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State by the
Federal Government for the purpose of contracting for the services provided for herein, and therefore, the
contractor expressly understands and agrees that all its rights, demands, and claims to compensation
arising under this contract are contingent upon receipt of such funds by the State. In the event that such
funds or any part thereof are not received by the State, the State may immediately terminate this contract
without liability, including liability for termination costs.
14. The Grantee shall maintain a complete file of all records, documents, communications,
and other written materials which pertain to the operation of programs or the delivery of services under
this contract, and shall maintain such records for a period of three (3) years after the date of termination
of this contract or final payment hereunder, whichever is later, or for such further period as may be
necessary to resolve any matters which may be pending. All such records, documents, communications
and other materials shall be the property of the State, and shall be maintained by the Grantee in a central
location and the Grantee shall be custodian on behalf of the State.
5
15. The Grantee, and its subcontractors and subgrantees, shall permit the State,Federal
Government, or any other duly authorized agent of a governmental agency to audit, inspect, examine,
excerpt, copy and/or transcribe Grantee's records during the term of this contract and for a period of
three(3) years following termination of this contract or final payment hereunder, whichever is later, to
assure compliance with the terms hereof, or to evaluate the Grantee's performance hereunder. The
Grantee shall also permit these same described entities to monitor all activities conducted by the Grantee
pursuant to the terms of this contract. As the monitoring agency may in its sole discretion deem
necessary or appropriate, such monitoring may consist of internal evaluation procedures, examination of
program data, special analyses, on-site check, or any other reasonable procedure.
16. All state and local government and non-profit organization Grantees receiving more than
$500,000 from all funding sources, that are defined as federal financial assistance for Single Audit Act
Amendment purposes, shall comply with the audit requirements of OMB A-133 (Audits of Institutions of
Higher Education and Other Non-profit Organizations), whichever applies. The Single Audit Act
Amendment requirements that apply to Grantees receiving federal funds are as follows:
• If the subgrantee expends less than$500,000 in Federal funds (all sources, not just Highway funds)
in its fiscal year then this requirement does not apply.
• If the subgrantee expends more than $500, 000 in Federal funds,but only received Highway funds
(Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audits may be
performed. This audit will in only examine the"financial"procedures and processes for this
program area.
• If the subgrantee expends more than $500,000 in Federal funds, and the Federal funds are from
multiple sources (FTA, HUD,NPS, etc.,)then the Single Audit Act applies, which is an audit on the
entire organization/entity.
• Single Audit can only be conducted by an independent auditor,not by an auditor on staff.
• Audit requirements are laid out in Subpart E-Auditors
• Audit is an allowable direct or indirect cost.
17. Rights in Data, Documents, and Computer Software
A. State Ownership. If State funds are used under this contract, any software,research,
reports, studies, data,photographs, negatives or other documents, drawings or materials prepared by
contractor in the performance of its obligations under this contract shall be the exclusive property of
the State and all such materials shall be delivered to the State by the contractor upon completion,
termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its
writings for its personal files. Contractor shall not use,willingly allow, or cause to have such materials
used for any purpose other than the performance of contractor's obligations under this contract without
the prior written consent of the State; provided, however, that contractor shall be allowed to use non-
confidential materials for writing samples in pursuit of the work. The ownership rights described
herein shall include, but not be limited to, the right to copy, publish, display,transfer,prepare
derivative works, or otherwise use written works.
B. Federal Reserved Rights. If Federal funds are used under this contract, except for its
own internal use, the contractor/grantee shall not publish or reproduce any data/information, in whole
or part, that is recorded in any form or medium whatsoever and that is delivered or specified to be
delivered under this contract, nor may it authorize or permit others to do so, without the written consent
of the federal government, through the State, until such time as the state/federal government may have
released such data/information to the public. As authorized by 49 C.F.R. 18.34, the federal
government, through the State, reserves a royalty free nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize the State and others to use: a) any work
developed under this contract or a result in third party contract irrespective of whether it is
copyrighted; and b) any rights of copyright to which a contractor/grantee, subrecipient, or third party
6
contractor purchases ownership with federal assistance. The State also reserves an identical license for
its use.
C. Patent Rights. If any invention, improvement, or discovery of the contractor/grantee or
any of its subcontractors or subgrantees is conceived or first actually reduced to practice in the course of
or under this contract work, and if such is patentable, the contractor/grantee shall notify the State
immediately and provide a detailed written report. The rights and responsibilities of the
contractor/grantee,third party contractors, and the State with respect to such invention, improvement, or
discovery will be determined in accordance with applicable state(and/or, if federal funds are used under
this contract, federal) laws and regulations in existence on the date of execution of this contract which
define contractor title,right to elect title, state/federal government"march in"rights, and the scope of the
state/federal government's right to a nonexclusive, irrevocable,paid-up license to use the subject
invention for its own. The contractor/grantee shall include the requirements of this paragraph in its third
party contracts for the performance of the work under this contract.
18. APPLICABLE LAW. The GRANTEE Contractor shall at all times durine the
execution of this contract smetlyadherc to, and comply ss oh. all applicable federal and state lavv s,_and their
tmplententuru regulations.as the currently exist and mao hereafter be amended, which are incorporated
her em h) this reference as turns and conditions of this contract. the contractor shall also require
comphan s cc th these statutes and regulations in suberant Contracts permitted under this contact. A hstms
of ILdcral laycs that maSr be appltcable,depending on the GRANTEE Contfaelor work k Icspon5ihttrtics under
this contract are described in Al)Dl NI)LM A.
19. Changes (Grants/Subgrants)
The State may prospectively increase or decrease the amount payable under this contract through a
"Change Order Letter," approved by the State Controller or his designee, in the form attached hereto as
Exhibit 1, subject to the following conditions:
A. The Change Order Letter("Letter") shall include the following:
(i) Identification of contract by contract number and affected paragraph
number(s);
(ii) Types of services or programs increased or decreased and the new
(iii) level of each service or program;
(iv) Amount of the increase or decrease in the level of funding for each
service or program and the total;
(v) Intended effective date of the funding change;
(vi) A provision stating that the Change shall not be valid until approved by
the State Controller or such assistant as he may designate;
B. Upon proper execution and approval, such letter shall become an amendment to this
contract and, except for the general terms and conditions and Special Provisions of the
contract, the letter shall supersede the contract in the event of a conflict between the two.
It is understood and agreed that the letter may be used only for increased or decreased
funding and corresponding adjustments to service levels and any budget line items.
C. If the contractor agrees to and accepts the change, the contractor shall execute and return
the letter to the State by the date indicated in the letter. In the event the contractor does not
accept the change, or fails to timely return the executed letter, the State may, upon notice
to contractor, terminate this contract effective at any time after twenty (20)days following
the return deadline specified in the letter. Such notice shall specify the effective date of
termination. In the event of termination, the parties shall not be relieved of their
obligations up to the effective date of termination.
7
D. Increases or decreases in the level of contractual funding made through the letter process
during the term of this contract may be made under the following circumstances:
(i) If necessary to fully utilize Colorado State appropriations and/or non-
appropriated federal grant awards.
(ii) Adjustments to reflect current year expenditures.
(iii) Supplemental appropriations or non-appropriated federal funding changes
resulting in an increase or decrease in the amounts originally budgeted and
available for the purposes of this program.
(iv) Closure of programs and/or termination of related contracts.
(v) Delay or difficulty in implementing new programs or services.
(vi) Other special circumstances as deemed appropriate by the State.
20. Options: Additional Services/Performance Extension
A. The State may increase the quantity of goods/services described in paragraph 3 at the
unit prices established in the contract. The state may exercise the option by written notice to
the contractor within _30 days before the option begins in a form substantially equivalent
to Exhibit 2 . Delivery/performance of the goods/service shall continue at the same rate
and under the same terms as established in the contract.
B. The State may require continued performance for a period of ONE YEAR for any
services at the rates and terms specified in the contract. The state may exercise the option by
written notice to the contractor within 30 days prior to the end of the current contract
term in a form substantially equivalent to Exhibit 2 .
"If the state exercises this option, the extended contract will be considered to include this
option provision. The total duration of this contract, including the exercise of any options
under this clause, shall not exceed 2 years."
21. FUNDING LETTER. The State may allocate more or less funds available on this contract
using a Funding Letter substantially equivalent to Exhibit 1 and bearing the approval of the State
Controller or his designee. The funding letter shall not be deemed valid until it shall have been approved
by the State Controller or his designee.
8
SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such
assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that
purpose being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
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 24-10-101 et seq. or the Federal Tort Claims Act,28 U.S.C. 2671 et seq. as applicable,as now or hereafter
amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
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 TIIE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT TI IE 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 WIIEN
REQUESTED BY TIIE 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 part shall be valid or enforceable or
available in any action at law whether by way of complaint,defense,or otherwise. Any provision rendered null and void by
the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and
state laws,rules,and regulations that have been or may hereafter be established.
7. 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 term 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:July 1,2003
9
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS,GOVERNOR
4,,
/�Weld County, Colorado By n� ll t/t —
Legal Name of Contracting Entity /j (Executive irector
84-6000-813 Department of Transportation
Social Security Number or FEIN
LEGAL REVIEW:
Signature of Authorized Officer
JOHN W SUTHERS,ATTORNEY GENERAL
William H. Jerke, Chair By
Print Name&Title of Authorized Officer
12/12/2005
lCet4r .r' ;
CORPORATIONS: ✓ t
(A corporate attestation is required.)
44O44 `111 f1161 V.
'q ��1Attest(Seal)By ' r'
U
By: e d o t 'lo 041
ALL CONT TSB�St' ?AT O D BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below,the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER: Leslie M. Shenefelt
By
CD ONTROLLER n ,�
Date /25 -RUC76
Effective Date:July 1, 2003
ADDEDUPv1 A: FEDERAL REQUIREMENTS
10
L2OCS -- 3/vZ
Federal laws and regulations that may be applicable to the Work include:
A. The "Uniform Administrative Requirements for Grants and Cooperative Contracts to State
and Local Governments(Common RuleKat 49 Code of Federal Regulations, Part 18, except to the
extent that other applicable federal requirements (including the provisions of 23 CFR farts 172 or
633 or 635-see below) are more specific than provisions of Part 18 and therefore supersede such
Part 18 provisions. The requirements of 49 CFR 18 include,without limitation:
1) the Local Agency/Contractor shall follow applicable procurement procedures.as
required by section 18.36(d);
2) the local Agency/Contractor shall request and obtain prior CDOT approval of changes
to any subcontracts in the manner,and to the extent required by, applicable provisions of section
18.30;
3) the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants:
4) to expedite any CDOT approval,the local Agency/Contractor's attorney, or other
authorized representative, shall also submit a letter to (.'))O'1' certifying Local Agency/Contractor
compliance with section 18.30 change order procedures,and with 18.36(d) procurement
procedures, and with 18.37 subgrant procedures,as applicable;
5) the Local Agency/Contractor shall incorporate the specific contract provisions
described in I8.36(i) (which are also deemed incorporated herein) into any subcontract(s)for such
services as terms and conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as
amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of
Labor regulations (41 CFR Chapter 60)(These provisions apply to all construction contracts
awarded in excess of$10,000 by grantees and their contractors or subgrantees).
C. The Copeland "Anti-Kickback" Act (18 U.S.C.874) as supplemented in Department of Labor
regulations (29 CFR Part 3) (These provisions apply to all contracts and subgrants for construction
or repair).
D. The Davis-Bacon Act(40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations(29 CFR Part 5) (These provisions apply to construction contracts in excess of$2,000
awarded by grantees and subgrantees when required by Federal grant program legislation. This
act roluires that all laborers and mechanics employed by contractors or sub-contractors to work
on construction projects lin:urced by federal assistance must be paid wages not less than those
established for the locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Flours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (These provisions
apply to construction contracts a%%arded by grantees and subgrantees in excess of$2,000, and in
c\cess of$2,500 for other contracts which involve the employ meat of mechanics or laborers).
F. Standards.orders,or requirements issued under section 306 of the Clear Air Act(42 l S.C..
1857(h), section 508 of the('lean Water Act (33 1 .S.C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations(40 CFR Part 15) (contracts,subcontracts,and
subgrants of amounts in excess of$100,000).
11
G. Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub.
L.94-163).
I1. Office of Management and Budget Circulars A-87,A-21 or A-122,and A-102 or A-110,
whichever is applicable.
1. The Hatch Act (5 1..'S(' 1501-1508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political purposes of any kind by any person or
organization involved in the administration of federally-assisted programs.
J. 42 USC 6101 et seq.421.7SC 2000d, 29 l'SC 794, and implementing regulation,45 C.F.R. Part 80
et. seq.. These acts require that no person shall,on the grounds of race, color. national origin, age,
or handicap, be excluded from participation in or be subjected to discrimination in any program
or activity funded, in whole or part. by federal funds:
K. The Americans with Disabilities Act(Public Law 101-336; 42 USC 12101, 12102. 12111-12117,
12131-12134. 12141-12150, 12161-12165, 12181-12189, 1 2201-1 2213 47 USC 225. and 47 USC 611.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act. as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (This statute applies if
the contractor is acquiring real property and displacing households or businesses in the
performance of this contract.)
M. The Drug-Free Workplace Act(Public Law 100-690 Title V. subtitle D.41 1'S(' 701 et seq.).
N. The Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et. seq.and its implementing
regulation.45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794,as
amended, and implementing regulation 45 C.F.R. Part 84.
O. 23 C.F.R. Part 172, concerning"Administration of Engineering and Design Related
Contracts". If Engineering and Design work is to be performed under this contract,GRANTEE
shall obtain from CDOT and comply with CDOT's "PROCEDURES TO IMPLEMENT
FEDERAL-AID PROJECT CONTRACTS WITH PROFESSIONAL CONSULTANT SERVICES"
P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction
Contracts". If Construction work is to be performed under this contract,GRANTEE shall obtain
from CDOT and comply with FHWA Form-1273.
Q. 23 C.F.R.Part 635,concerning "Construction anti Maintenance Pros isions".
12
SAMPLE CHANGE ORDER LETTER IN GRANT/SUBGRANT CONTRACT
Exhibit 1_
Date:
State Fiscal Year 2000-200
Change Order Letter No.
In accordance with Paragraph of contract routing number_ ,between the State
of Colorado Department of ( Division) and
[Contractor]
covering the period of July 1, 1999 through June 30, 2000 the undersigned agree that the maximum
amount payable by the State for eligible services in Paragraph is(increased/decreased)by($ amount of
change) to a new total of($ ). The first sentence in Paragraph_is hereby modified accordingly.
The services affected by this (increased/decreased) are modified as follows:
The Budget is revised accordingly, as set forth in the Revised Budget, Attachment , attached and
incorporated herein by reference.
This amendment to the contract is intended to be effective as of ,but in no event shall it be
deemed valid until it shall have been approved by the State Controller or such assistant as he may
designate.
Please sign, date, and return all copies of this letter on or before 19_
Contractor Name: State of Colorado:
Bill Owens, Governor
By: By:
Name For the Executive Director
Title Colorado Department of Transportation
APPROVALS: FOR THE STATE CONTROLLER
Arthur L. Barnhart
By: By: _
For Division State Controller or Designee
13
SAMPLE OPTION EXERCISE LETTER
Exhibit 2 Date:
TO: [Contractor]
[Address]
SUBJ: Option Exercise Letter
In accordance with Paragraph of contract routing number_,between the State of Colorado
Department of ( division) and
[Contractor]
covering the period of July 1, 1999 through June 30, 2000 the State hereby exercises the option for
(additional services, as specifically described in Attachment)
and/or
[an additional one year's performance period at the(cost) (price) specified in paragraph—]
The maximum amount payable by the State in Paragraph_is (increased/decreased)by
($ amount of change) to a new total of($ ). The first sentence in Paragraph_is hereby modified
accordingly.
State of Colorado:
Bill Owens, Governor
For the Executive Director
Colorado Department of
Title
APPROVALS: FOR THE STATE CONTROLLER
Leslie M. Shenefelt
By: _ By:
For Division State Controller or Designee
14
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