HomeMy WebLinkAbout20043360.tiff RESOLUTION
RE: APPROVE APPLICATION UPDATE FOR TRANSPORTATION GRANT FOR SECTION
5311 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 an Application Update for the Transportation
Grant for Section 5311, from 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, to the
Colorado Department of Transportation, Division of Transportation Development,with terms and
conditions being as stated in said application update, and
WHEREAS,after review,the Board deems it advisable to approve said application update,
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 Application Update for the Transportation Grant for Section 5311 from
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, to the Colorado Department of
Transportation, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said application update.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
�I'�-'-v c vote on the 22nd day of November, A.D., 2004.
`` gyp; ®`� BOARD OF COUNTY COMMISSIONERS
1 .vps _,� WEL1�-C IT(1(, O DO
T `` Robert D. Masden, Chair
04
,�` \ .."P" y Clerk to the Board
10. �L ._
�J� � J William H. erke, Pro-Tem
BY: /�lB�w;•6! /4'' /c e //'
Deputy Clerk to the Board i�i'� Q /
M. J. eile
APPROVED AS TO FORM:
EXCUSED
David E. Long
4-2 at�A
my rney !�
Glenn Vaad
Date of signature: Avy ��,
/ 2004-3360
CC,' %tans/crfa/;re)/7 (3) is �Dy HR0075
05 HTD 00087
GRANT AGREEMENT /�
THIS AGREEMENT,made this /`� day of ,61 , 20 ( 5y and between the
STATE OF COLORADO for the use and benefit the DEPART�T OF TRANSPORTATION,
DIVISION OF TRANSPORTATION DEVELOPMENT,hereinafter referred to as the"State", and
WELD COUNTY, P.O. Box 1805, Greeley, CO 80632. a public body,hereinafter referred to as the
"Grantee."
RECITALS
1. 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 Code
400,Organization Code 9774 and 9775,Appropriation Code 415, Program Code 5000, Function
Code 1510, Object Code 5180 1 N, GBL Code RG 34 and RP 34,Reporting Code 0510,FEIN
Number 846000813 G,Encumbered Amounts$18,571 and$166,000,The Catalog Federal Domestic
Assistance number(CFDA)that relates to this contract in relation to audits is 20.509.
2. Required approval,clearance, and coordination have been accomplished from and with appropriate
agencies.
3. Section 5311of 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.
4. 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."
5. 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.
6. The Governor of the State of Colorado, in accordance with a request by the Federal Transit
Administration,hereinafter referred to as "ETA,"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.
7. The Grantee desires to and has the legal capacity and authority to contract with the State.
8. The Grantee possesses the necessary fiscal and managerial capability to implement and manage the
project and utilize grant funds for public transportation in nonurbanized areas of the State;
NOW,THEREFORE,it is hereby agreed that:
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SECTION 1. PURPOSE OF AGREEMENT.
The purpose of this Agreement 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 2.ACCOMPLISHMENT OF THE PROJECT. •
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A. General Requirements. The Grantee shall commence, carry out, and complete the Project with all practicable
dispatch, in a sound, economical,and efficient manner,in accordance with the terms and conditions of this
Agreement,the terms and conditions of Exhibit A(Scope of Work and Conditions),Exhibit B (Audit
Requirements), Exhibit C (Security Agreement-if applicable),Exhibit D (Sample Change Order Letter),all which
are incorporated herein by this reference, and all applicable laws,regulations, and published policies. In general,the
terms of the U.S. Department of Transportation ("USDOT")regulations, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments,"49 C.F.R.Part 18, are applicable. The
Grantee further agrees to follow the "Common Rule Guidelines for Recipients of FTA Funds",and the applicable
provisions of the most current"Master Agreement"between the FTA and the State,which are incorporated herein by
reference.
B. Application of Federal, State. and Local Laws and Regulations.
1. Pursuant to Federal. State, and Local Law. In performance of its obligations under this Agreement,the
Grantee shall comply with all applicable provisions of federal, state and local law. All limits or standards set forth in
this Agreement to be observed in the performance of the Project are minimum requirements, and all more stringent
State or local standards as outlined in the body of this Agreement shall be applicable to the performance of the
Project.
2. State or Local Law. Unless a federal statute or regulation preempts State or local law,nothing in the
Agreement shall require the Grantee to observe or enforce compliance with any provision thereof,perform any other
act, or do any other thing in contravention of any applicable State or local law;however,if any of the provisions of
- the Agreement violate any applicable State or local law,or if compliance with the provisions of the Agreement
would require the Grantee to violate any applicable State or local law,the Grantee agrees to notify the State
immediately in writing in order that the State and the Grantee may make appropriate arrangements to proceed with
the Project as soon as possible.
C. Funds of the Grantee. Except as approved otherwise by the State,the Grantee agrees to complete all
proceedings necessary to provide the local share of the Project costs at or before the time that such funds are needed
to meet Project expenses.
D. Changed Conditions of Performance. The Grantee agrees to notify the State immediately of any change in local
conditions or any other event that may significantly affect its ability to perform the Project in accordance with the
terms of this Agreement. In addition,the Grantee agrees to notify the State immediately of any decision pertaining to
its conduct or litigation that may affect the State's interests in the Project or the State's administration or enforcement
of applicable Federal laws or regulations. Before the Grantee names the State as a party to litigation for any reason,
the Grantee agrees to inform the State.
E.No State Obligations to Third Parties. Absent the State's express written consent,and not withstanding any
concurrence by the State in or approval of the award of any contract of the Grantee(third party contract)or
subcontract of the Grantee(third party subcontract)or the solicitation thereof,the State shall not be subject to any
obligations or liabilities to third party contractors or third party subcontractors or any other person not a party to this
Agreement in connection with the performance of this Project.
F. Contract Changes.Any change in this Agreement shall be in the form of a written supplement signed by the
parties to this Agreement.
G. Pursuant to Applicable Regulations. The Project shall be performed by the Grantee pursuant to all applicable
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federal requirements, which shall be made available to the Grantee.
SECTION 3. PROJECT BUDGET AND LOCAL SHARE.
The Project budget shall be as set forth in Exhibit A, "Scope and Conditions. Except as permitted otherwise by
Federal law,the Grantee agrees to provide sufficient funds or approved in-kind resources,together with the Federal
financial assistance awarded herein,to assure payment of the actual cost of this Project. The Grantee agrees that no
local share funds will be derived from revenues obtained from using the Project facilities, equipment or operations,
nor shall other Federal funds be used except as otherwise provided in Exhibit A. The Grantee agrees to complete all
proceedings necessary to provide the local share of the Project costs at or before the time those funds are needed to
meet Project expenses.
SECTION 4.PAYMENTS,ALLOWABLE COSTS AND CLAIMS.
A. Requests for Payment. The requests for reimbursement for Payment of the Federal share of allowable costs will
be paid to the Grantee upon presentation of invoice(s)to the State through the date set forth in Exhibit A of this
Agreement.
B. Allowable Costs. The Grantee's expenditures will be reimbursed if they meet all requirements set forth below:
1)Conform with the Project Description and the approved Project Budget and all other terms of this
Agreement;
2)Be necessary in order to accomplish the Project;
3)Be reasonable for the goods or services purchased;
4)Be 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)Be incurred(and be for work performed)after the date of this Agreement;
6)Unless permitted otherwise by Federal statute or regulation, conform with Federal Guidelines or
regulations and Federal cost principles as set forth below:
(a)For Grantees that are governmental organizations,the standards of OMB Circular A-87,Revised,
"Cost Principles for State and Local Governments" apply.
(b)For Grantees that are private nonprofit organizations,the standards of OMB Circular A-122,
Revised, "Cost Principles for Nonprofit Organizations" apply.
(c)For Grantees that are private for-profit organizations,the standards of the Federal Acquisition
Regulation,48 C.F.R. Chapter 1, Subpart 31.2, "Contracts with Commercial Organizations" apply.
7. Be satisfactorily documented; and
8.be treated uniformly and consistently under accounting principles and procedures approved and
prescribed by FTA or the State for the Grantee,and those approved or prescribed by the Grantee for its
contractors.
C.Disallowable Costs. In determining the amount of Federal assistance FTA will provide,the State will exclude:
1.Any Project costs incurred by the Grantee before the obligation date of this Agreement or amendment
thereof,whichever is later.
2.Any costs incurred by the Grantee that are not included in the Scope of Work.
3.Any cost incurred by the Grantee after the termination of this Agreement or amendment.
4.My costs for goods or services received under a third party contract or other arrangement that is
required to be approved by the State but which has not been approved by the State.
D.Final Determination. The Grantee agrees that reimbursement of any cost under this Agreement does not
constitute a final State decision about the validity of that cost and does not constitute a waiver. The Grantee
understands that the State will not make a final determination about the validity of any cost until an audit of the
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Project has been completed. If the State determines that the Grantee is not entitled to receive any part of the Federal
funds requested,the State will notify the Grantee stating the reasons therefore. Project closeout will not alter the
Grantee's obligation 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 prohibited by law,the State may recoup any Federal assistance funds made available under this
Project as needed to satisfy any outstanding monetary claims that the State may have against the Grantee. Exceptions
pertaining to disallowed costs are set forth in FTA directives or in other written Federal guidance.
E. Claims and Excess Payments.Upon notice by the State to the Grantee of specific amounts due,the Grantee
agrees to remit to the State promptly any amounts due for claims,excess payments, or disallowed costs, including
any interest due,in accordance with guidelines in the Master Agreement.
F. Deobligation of Funds. The State reserves the right to deobligate unexpended Federal funds before Project
closeout.
SECTION 5. CONFLICTS OF INTEREST AND ETHICS.
A.The Grantee and subgrantees or subcontractors permitted under the terms of this Agreement shall maintain a
written code of standards governing the performance of employees engaged in the award and administration of
agreements or contracts. No employee,officer or agent of the Grantee, subcontractor or subgrantee shall participate
in the selection, or in the award or administration of an agreement, contract or subcontract supported by Federal
funds if a conflict of interest,real or apparent,would be involved. Such a conflict would arise when:
1) The employee, officer, or agent;
2) Any member of the employee's immediate family;
3) The employee's partner;or
4) An organization which employs,or about is to employ, any of the above,
has a financial or other interest in the firm selected for award. The Grantee's, contractor's, subcontractor's or
subgrantee's officers,employees or agents will neither solicit nor accept gratuities, favors, or anything of monetary
value from contractors,potential contractors or parties to sub-agreements.
B. Bonus or Commission. The Grantee warrants that it has not paid, and agrees not to pay, any bonus or
commission for the purpose of obtaining approval of its application for financial assistance for this Project.
C. Prohibition Against Use of Federal Funds for Lobbying. The Grantee agrees to refrain from using Federal funds
to support lobbying and to comply with the applicable provisions of 31 U.S.C. § 1352and USDOT regulations,
"New Restrictions on Lobbying,"49 C.F.R. Part 20.If the Grantee is receiving$100,000 or more in Federal funds, it
agrees it shall specifically certify compliance with these provisions in a format provided by the State.
D. Employee Political Activity. The terms of the "Hatch Act", 5 U.S.C. § 1501-1508, and Office of Personnel
Management regulations, "Political Activity of State and Local Officers or Employees," 5 C.F.R.Part 151, apply to
State and local agencies and their officers and employees to the extent covered by the statute and regulations. The
Hatch Act restricts the political activity of an individual principally employed by a State or local executive agency in
connection with a program financed in whole or in part by a Federal loan,grant, or cooperative agreement. However,
the Hatch Act does not apply to a non-supervisory employee of a transit system(or of any other agency or entity
performing related functions)receiving FTA assistance to whom the Hatch Act is otherwise inapplicable.
E.False or Fraudulent Statements or Claims. The Grantee acknowledges that should it make a false,fictitious,or
fraudulent claim, statement, submission,or certification to the State in connection with this Project,the State
reserves the right to impose on the Grantee the penalties of 18 U.S.C. § 1001, 31 U.S.C. §§ 3801 et seq., and 49
U.S.C. app. § 1607a(h), as the State deems appropriate.The terms of U.S. DOT regulations, "Program Fraud Civil
Remedies,"49 C.F.R. Part 31, apply to Project.
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SECTION 6.ACCOUNTING RECORDS
A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts,
or accounts within the framework of an established accounting system,in a manner constant with 49 C.F.R. § 18.20,
or OMB Circular A-133,Revised,whichever is applicable.
B. Funds Received or Made Available for the Project. Consistent with the provisions of 49 C.F.R. 18.21, or OMB
Circular A-133,Revised, whichever is applicable,the Grantee agrees to record in the Project account, and deposit in
a financial institution, Project payments received by it from the State pursuant to this Agreement and all other funds
provided for, accruing to, or otherwise received on account of the Project(Project Funds).The Grantee is
encouraged to use financial institutions that are owned at least 50 percent by minority group members.
C. Documentation of Project Costs. 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 detailing the nature of the charges. The Grantee also agrees to maintain accurate records of all
Program Income derived from Project implementation;this requirement,however, does not apply to income of the
Grantee that is determined by the State to be private.
D.Checks, Orders, and Vouchers. The Grantee agrees to refrain from drawing checks or orders for goods or
services to be charged against the Project account until it has on file in its office a properly signed voucher detailing
the purpose of the expenditure. The Grantee also agrees that all checks,payrolls,invoices,contracts,vouchers,
orders,or other accounting documents pertaining in whole or in part to the Project shall be clearly identified,readily
accessible,and to the extent feasible,kept separate from documents not pertaining to the Project.
SECTION 7.REPORTING,RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three years thereafter, the Grantee agrees to retain
intact and to provide any data,documents,reports,records, contracts,and supporting materials relating to the Project
as the State may require. Reporting and record-keeping requirements for governmental recipients are set forth in 49
C.F.R. Part 18. Reporting and record-keeping requirements for private non-profit and for-profit recipients, are set
• forth in OMB Circular A-110. Project closeout does not alter these requirements.
B. Access to Records. Upon request,the Grantee agrees to permit the Secretary of Transportation and the
Comptroller General of the United States,or their authorized representatives,to inspect all Project work, materials,
payrolls, and other data, and to audit the books,records, and accounts of the Grantee and its subcontractors
pertaining to the project. The Grantee agrees to require each third party contractor whose contract award is not based
on competitive bidding procedures as defined by the State to permit the inspection of all work,materials,payrolls,
and other data,and records involving the contract, and to audit the books,records, and accounts involving the
contract as it affects the Project.
C.Reporting.During the term of this Project, except as provided in(5)below,the Grantee shall submit requests for
reimbursements to the State in accordance with the requirements of this Section and with detailed written
instructions provided by the State.
1. Reports shall be submitted on forms provided to the Grantee by the State.
2.Reports shall be fully completed through the period for reimbursement eligibility as stated in Exhibit A and
include at least the following elements:
a. Eligible Project costs indicating the line items that correspond to the budget for the Project.
b. Operating and financial data.
c. An annual certification of Project equipment if capital equipment was purchased as part of this Agreement.
3. Requests for reimbursement for Project costs will be paid to the Grantee after presentation of invoice(s)to
the State for eligible costs through the date set forth in Exhibit A.
4.All requests for reimbursement shall be submitted no later than 60 days following the incurrence of
reimbursable cost for the term of the Project, except as otherwise provided herein or in Exhibit A.If reports and
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request for reimbursements are not submitted within these times periods the Grantee shall be considered in violation
of the Agreement and subject to nonpayment of the requested cost or termination of the Project as outlined in
Section 9 of this Contract and may be denied future grant awards, at the discretion of the State.
5. Notwithstanding any prior termination of this Agreement under Section 9 of this Agreement, if capital
equipment is purchased under this Agreement,the Grantee shall continue to provide the annual certification of
Project equipment as above in which there is a federal interest in the equipment, as determined by the State.
6. The Grantee agrees to provide any other reports the State may require.
D.Project Closeout. Project closeout does not alter these reporting and record retention requirements.
SECTION 8.AUDIT AND CLOSEOUT
A. Standard Audit Requirements. The Grantee must perform timely audits and provide the State with the results of
such audits, as required by the applicable provisions of OMB circular A-133,which is incorporated herein by
reference. Such audits shall test compliance with the items specified in Exhibit B and shall be completed by the
Grantee if it is a State or local government, Indian Tribal govemment or private nonprofit organization. Pursuant to
the FTA criteria,FTA or the State may waive the OMB Circular A-133 audit requirement or substitute a requirement
of a grant audit performed in accordance with the Comptroller General Standards. All grantee audit reports must be
submitted to the State within 30 days of their issuance, and not later than one year after the termination of this
Agreement.
B.Additional Audits. The Grantee is responsible for obtaining any other audits required by FTA or the State.
Project closeout will not alter the Grantees audit responsibilities.
C. Audit Costs. Audit costs for Project administration and management are allowable Project costs to the extent
authorized by OMB Circular A-87,Revised,OMB Circular A-21,Revised, or OMB Circular A122, Revised, as may
be applicable.
D. Project Closeout. Project closeout occurs when the contract expires, as set forth in Exhibit A, and the State has
forwarded the final payment to the Grantee. The Grantee agrees that Project closeout does not invalidate any
continuing obligations imposed on the Grantee by this Agreement.
SECTION 9. TERMINATION.
A. Termination by own terms. This Agreement will terminate by its own terms as set forth in Exhibit A.
B.For Convenience. Either party may rescind this Agreement and terminate the Project if either party believes that
the continuation of the Project would not produce beneficial results commensurate with the further expenditure of
funds.
C.For Cause. If,through any cause,the Grantee shall fail to fulfill, in a timely and proper manner,its obligations
under this Agreement, or if the Grantee has violated the terms of this Agreement,or if the State determines the
purposes of the statute under which the Project was authorized would not be adequately served by continuation of
Federal financial assistance for the Project,the State shall thereupon have the right to terminate this Agreement for
cause by giving 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. Any failure to make reasonable progress of the
Project or other violation of the Agreement that significantly endangers substantial performance of the Project shall
provide sufficient grounds for the State to terminate this Agreement. In general,termination of any financial
assistance under this Agreement will not invalidate obligations properly incurred by the Grantee and concurred in by
the State before the termination date,to the extent those obligations cannot be canceled.However,if the State
determines that the Grantee has willfully misused Federal assistance funds by failing to make adequate progress,
failing to make reasonable use of the Project real property, facilities, or equipment,or failing to adhere to the terms
of this Agreement,the State reserves the right to require the Grantee to refund the entire amount of Federal funds
provided under this Agreement or any lesser amount as may be determined by the State.
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D. Action upon Termination.Upon termination of this Agreement and the Project under the provisions of
paragraph A,B or C of this Section,the Grantee 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 10. REAL PROPERTY,EOUIPMENT AND SUPPLIES.
A.Use of Project Equipment. Where appropriate,the Grantee agrees that Project real property, equipment, and
supplies shall be used for the provision of transit services for the duration of their useful life, as determined by the
State. Should the Grantee unreasonably delay or fail to use Project real property,equipment, or supplies during their
useful life,the Grantee agrees that the State may require the Grantee to return the entire amount of the Federal
assistance expended on that real property, equipment, or supplies. The Grantee further agrees to notify the State
immediately when any Project real property or equipment is withdrawn from use in transit service or when real
property is used in a manner substantially different from the representations made by the Grantee in its Application
or the text of Exhibit A, "Scope of Work and Conditions".
B. General Requirements. A Grantee that is a governmental entity agrees to comply with the property management
standards of 49 C.F.R. § 18.3 1, 18.32 and 18.34,including any amendments thereto, and other applicable guidelines
or regulations that the State may issue. A Grantee that is not a governmental entity agrees to comply with OMB
Circular A-110, Revised,as may be amended,and other applicable guidelines or regulations that the State may issue.
Exceptions to these requirements of 49 C.F.R.§ §18.31, 18 .32 and 18.83, and to OMB Circular A-110,Revised,
must be specifically approved by the State.
C. Definition of Project Equipment. Project equipment shall include any equipment item with a unit cost of$1,000
or more and a useful life exceeding one year.
D. Maintenance of Project Equipment. The Grantee agrees that Project equipment shall be maintained in good
operating order, and in accordance with any guidelines, directives, or regulations that FTA or the State may issue.
E. Title to Project Equipment. Title to Project equipment shall be in the Grantees name and shall be subject to the
restrictions on use and disposition of the Project equipment set forth herein. The State shall retain physical
-possession of said title until there is no longer any Federal interest in the Project equipment. The State shall place a
lien on the Project equipment in the amount of the Federal share of the Project, as set forth in Exhibit A, and shall
maintain such lien until there is no longer any Federal interest in the Project equipment or until disposition of the
equipment,which ever comes first.The Grantee shall comply with the provisions of the Security Agreement set forth
in Exhibit C.
SECTION 11.ENCUMBRANCE OF PROTECT PROPERTY.
A. Unless expressly authorized in writing by the State,the Grantee agrees to refrain from:
1. Executing any transfer of title, lease, lien,pledge,mortgage, encumbrance, contract, grant anticipation note,
alienation,or other obligation that in any way would affect the Federal interest in any Project real property or
equipment which Grantee owns, or
2. Obligating itself in any manner to any third party with respect to Project real property or equipment which
Grantee owns.
B.The Grantee agrees to refrain from taking any action or acting in a manner that would adversely affect the
Federal interest or impair the Grantee's continuing control over the use of Project real property or equipment,which
Grantee owns.
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SECTION 12.INSURANCE.
A. The Grantee shall obtain, and maintain at all times during the term of this agreement, and to require
subcontractors and sub recipients to carry,insurance in the following kinds and amounts:
1)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.
2) General,Personal Injury, and Automobile Liability(including bodily injury,personal injury,and
property damage)minimum coverage:
a)Combined single limit of$600,000 if written on an occurrence basis.
b)Any aggregate limit will not be less than$1,000,000.
c)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.
d)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.
B. The State of Colorado shall be named as additional insured on all liability policies.
C. The insurance shall include provisions preventing cancellation without 60 days prior notice to the State by
certified mail.
D. The Grantee shall provide certificates showing adequate insurance coverage to the State within 7 working days of
award or contract execution,unless otherwise provided.
E. 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.
F. Proof of insurance is also required where appropriate the Grantee agrees to comply with the flood insurance
purchase requirements of section 102(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 13. PROCUREMENT.
A. Federal and State Procurement Standards. The Grantee agrees that all purchases financed in whole or in part
pursuant to this Agreement by the State or the Grantee,will be in accordance with Colorado Department of
Transportation guidelines, applicable State law, and the standards set forth in 49 C.F. R. Part 18 or OMB Circular
A-102, as may be applicable,and with any supplementary directives or regulations including FTA Circular 4220.
1B, and any revisions thereof, as may be applicable. The Grantee agrees to use Project funds for capital equipment
only as described in Exhibit A, "Scope of Work and Special Conditions".
B. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by Federal statute
or regulations,the Grantee agree that it will comply with the requirements of 49 U.S.C. § 5323(h)(2)by refraining
from using any Federal assistance awarded by the State to support procurements using exclusionary or
discriminatory specifications.
C. Geographic Restrictions. The Grantee agrees to refrain from using state or local geographic preferences, except
those expressly mandated or encouraged by Federal statute,and as permitted by FTA.
D. Award to Other Than the Lowest Bidder. In accordance with 49 U.S.C. § 5626(c),the Grantee may award a
third party contract to other than the lowest bidder in connection with the procurement when such award furthers
objectives consistent with the purposes of 49 U.S.C.Chapter 53 and any implementing regulations,circulars,
manuals,or other guidance FTA may issue.
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E. Ineligible Bidders. Unless otherwise permitted by the FTA or State,the Grantee shall refrain from awarding any
third party contract to a party included in the U.S. General Services Administration's list of Parties Excluded from
Federal Procurement or Non-procurement Programs. Before entering into any third party contract exceeding
S 100,000, the Grantee agrees to obtain a debarment and suspension certification from each such third party
contractor and provide the State (if requested)a copy of such certification.
F. Buy America. For any purchase utilizing FTA funds and exceeding a threshold cost of$100,000, the Grantee
must comply with 40 U.S.C. § 5323 (j),FTA's Buy America regulations at 49 C.F.R. Part 661,as may be amended,
and any implementing guidance issued by FTA with respect to any third party contract financed under this
Agreement.
G. Cargo Preference-Use of United States-Flag Vessels. Pursuant to regulations published at 46 C.F.R.Part 381,
the Grantee shall obtain from the State appropriate references and clauses to be inserted in all contracts it awards in
which equipment,materials or commodities may be transported by ocean vessel in carrying out the Project.
H. Bus Testing. To the extent applicable,the Grantee agrees to comply with FTA regulations, "Bus Testing,"49
C.F.R.Part 663, and any revisions thereto.
I. Pre-award and Post-delivery Audit. To the extent applicable,the Grantee agrees to comply with FTA regulations
"Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663,and any revisions thereto.
J. False or Fraudulent Statements and Claims. The Grantee acknowledges and agrees that by signing this
agreement it certifies or affirms the truthfulness and accuracy of any statement it has made,it makes, or may make
pertaining to the statements contained in its application for funding. In addition to other penalties that maybe
applicable,the Grantee also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement,
submission, or certification, the State reserves the right to impose the penalties of the Program Fraud Civil Remedies
Act of 1986, as amended, on the Grantee to the extent the State deems appropriate.
K, Settlement of Third Party Contract Disputes or Breaches. The term third-party contract, as used in this
Agreement,is defined as a contract between the Grantee and any subcontractor from which the Grantee has procured
a good and/or service from the subcontractor through written agreement.The State has a vested interest in the
settlement of disputes,defaults, or breaches involving any federally-assisted third party contracts. The State retains
the right to a proportionate share,based on the percentage of the Federal share committed to the Project,of any
proceeds derived from any third party recovery. Therefore,the Grantee shall avail itself of all legal rights available
under any third party contract. The Grantee shall notify the State of any current or prospective litigation or major
disputed claim pertaining to any third party contract. The State reserves the right to concur in any compromise or
settlement of the Grantee's claim(s)involving any third party contract,before making federal assistance available to
support that settlement. If the third party contract contains a liquidated damages provision,any liquidated damages
recovered shall be credited to the Project account involved unless the State permits otherwise.
L. 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 K above.
SECTION 14.PATENT RIGHTS.
If any invention,improvement, or discovery of the Grantee or any of its subcontractors or subgrantees is conceived
or first actually reduced to practice in the course of,or under this Project, and if such is patentable,the Grantee shall
notify the State immediately and provide a detailed written report. The rights and responsibilities of the Grantee,
third party contractors and the State with respect to such invention,improvement or discovery will be determined in
accordance with applicable federal laws and regulations in existence on the date of execution of this Agreement
which define contractor title,right to elect title, federal government"march in"rights, and the scope of the federal
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government's right to a nonexclusive,irrevocable,paid-up license to use the subject invention for its own. The
Grantee shall include the requirements of this paragraph in its third party contracts for the performance of the
Project.
SECTION 15.RIGHTS IN DATA AND COPYRIGHT.
Except for its own internal use, the 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
Agreement,nor may it authorized or permit others to do so, without the written consent of the federal government,
through the State, until such time as the 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 Agreement or a resulting third party contract irrespective of whether or not it
is copyrighted; and b) any rights of copyright to which a Grantee, subgrantee,sub-recipient or third party contractor
purchases ownership with federal assistance.
SECTION 16. CIVIL RIGHTS
A. Prohibitions Against Discrimination in Federal Programs. The grantee agrees to comply with and assure the
compliance by its third party contractors and subcontractors under this Project,with all requirements of Title VI of
the Civil Rights Act of 1964,42 U.S.C. § 2000d; 49 U.S.C. 5332; and USDOT 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, and any implementing requirements FTA may issue.
B. Equal Employment Opportunity. The following requirements apply to the Project:
(1)In implementing the Project,the Grantee may 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,the following: 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. The Grantee shall insert the foregoing provisions(modified only to show the particular contractual
relationship)in all its third party contracts for Project implementation, except contracts for standard commercial
supplies or raw materials and construction contracts, and shall require all such contractors to insert a similar
provision in all subcontracts,except subcontracts for standard commercial supplies or raw materials.
(2)If, as a condition of assistance,the Grantee has submitted and the State and FTA has approved, an equal
employment opportunity program that the Grantee agrees to carry out,such program is incorporated into this
Agreement by reference. Such program shall be treated as a contractual obligation; and failure to carry out the terms
of that equal employment opportunity program shall be treated as a violation of this Agreement. Upon notification to
the Grantee of its failure to carry out the approved program,the State and FTA will impose such remedies as they
may deem appropriate,which remedies may include termination of financial assistance as set forth in Section 9 of
this Agreement or other measures that may affect the ability of the Grantee to obtain future financial assistance under
the Federal Transit Act,as amended;Title 23,United States Code (Highways),or the Intermodal Surface
Transportation Efficiency Act of 1991,Pub.L. 102-240.
C.Disadvantaged Business Enterprises. The Grantee agrees to facilitate participation of disadvantaged business
enterprises(DBEs)as follows:
(1)The Grantee agrees to comply with current USDOT regulations at 49 C.F.R. Part 23 and Part 26,including
any amendments that may be issued during the term of this Agreement.
(2)The Grantee agrees that it will not discriminate on the basis of race,color,national origin,or sex,in the
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award and performance of any USDOT assisted contract. The Grantee agrees to take all necessary and reasonable
steps under 49 C.F.R. Part 23 to ensure that eligible DBEs have the maximum feasible opportunity to participate in
USDOT assisted contracts. The Grantee's DBE program, if required by 49 C.F.R. Part 23 and as approved by the
USDOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and
failure to carry out its terms shall be treated as a violation of this Agreement.Upon notification to the Grantee of its
failure to carry out its approved program,the USDOT may impose sanctions as provided for under 49 C.F.R. Part
23.
(3)The Grantee agrees to include the following clause in all agreements between the Grantee and Sub
recipients and in all third party contracts assisted by the FTA between the Grantee or sub recipients and third part
contractors:
The (Contractor, Sub-recipient, or Subcontractor) shall not discriminate on the basis of race, color,national
origin,or sex in the performance of this(contract or agreement). The recipients of 49 C.F.R.Part 23 and Part 26 and
the grantee's USDOT-approved Disadvantaged Business Enterprise DBE)Program(where required)are
incorporated in this (contract or agreement)by reference. Failure by the(Contractor, Sub recipient, or
Subcontractor)to carry out these requirements is material breach of this (contract or agreement),which may result in
the termination of this (contract or agreement or such other remedy as(the Grantee)deems appropriate.
(4)The Grantee agrees to treat lessees as follows:
(a)The Grantee agrees not to exclude DBEs from participation in business opportunities by entering into long-term,
exclusive agreements with non-DBEs for the operation of major transportation-related activities for the provision of
good and services to the facility or to the public on the facility.
(b)Except as provided in this Section,the Grantee agrees to include lessees in its affirmative action programs. The
requirements of 49 C.F.R Part 23, do not apply to lessees, except for the requirement that lessees avoid
discrimination against DBEs.
D.Access Requirements for Individuals with Disabilities. The Grantee agrees to comply with, and require that any
sub-recipient,or third party contractor under this Project comply with all applicable requirements of the Americans
with Disabilities Act of 1990(ADA),42 U.S.C. § 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. § 794; and the following Federal regulations including any amendments thereto:
. 1. USDOT regulations, "Transportation Services for Individuals with Disabilities (ADA),"
49 C.F.R.Part 37;
2.USDOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,"49 C.D.R. Part 27;
3.USDOT regulations, "Americans With Disabilities (ADA)Accessibility Specifications for
Transportation Vehicles,"49 C.F.R. Part 38;
4. Department of Justice (DOJ)regulations, "Nondiscrimination on the Basis of Disability in State and Local
Government Services,"28 C.F.R.Part 35;
5. DOJ Regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial
Facilities,"28 C.F.R.Part 36;
6. General Services Administration regulations, "Construction and Alteration of Public Buildings,"
"Accommodations for the Physically Handicapped,"41 C.F.R.Part 101-19;
7.Equal Employment Opportunity Commission(EEOC) "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R.Part 1630;
8.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
9. FTA regulations, "Transportation for Elderly/Handicapped Persons,"49 C.F.R. Part 609
10. Any implementing requirements FTA may issue.
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SECTION 17.ENVIRONMENTAL AND RESOURCE CONSERVATION REOUIREMENTS.
The Grantee recognizes that many Federal and State statutes imposing environmental,resource conservation, and
energy 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 1969,42 U.S.C.
§ 4321 et seq., the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq, and scattered sections of 29 U.S.C.;the
Clean Water Act, as amended,scattered sections of 33 U.S.C. and 12 U.S.C.,the Resource Conservation and
Recovery Act, as amended,42 U.S.C. § 6901 et seq.; and the Comprehensive Environmental Response,•
Compensation,and Liability Act, as amended, 42 U.S.C. § 6901 et seq. The Grantee also recognizes that the
Environmental Protection Agency(EPA),the Federal Highway Administration(FHWA)and other agencies of the
Federal Government have issued and are expected in the future to issue requirements in the form of regulations,
guidelines,standards; orders, or other directives that may effect the Project.Accordingly,the Grantee agrees to
adhere to, and impose on its sub recipients, any such Federal requirements, as the Government may now or in the
future promulgate.Listed below are requirements of particular concern to the FTA. The Grantee expressly
understands that this list does not constitute the Grantee's entire obligation to meet Federal requirements.
A.Air Quality. The Grantee agrees to comply with applicable requirements for EPA regulations,
"Conformity to State or Federal Implementation Plans of Transportation Plans,Programs, and Projects Developed,
Funded or Approved Under Title 23 U.S.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. To
support the requisite air quality conformity finding for the Project,the Grantee agrees to implement each air quality
mitigation and control measure incorporated in the Project. The Grantee agrees that any Project identified in an
applicable State Implementation Plan(SIP)as a Transportation Control Measure,will be wholly consistent with the
description of the design concept and scope of the Project set forth in the SIP. EPA also imposes requirements
pertaining to the Clean Air, as amended,that may apply to transit operators,particularly operators of large transit bus
fleets. Thus,the Grantee should be aware that the following EPA regulations, among others,may apply to its Project:
"Control of Air Pollution From Motor Vehicles and Motor Vehicle Engines,"C.F.R. Part 85; "Control of Air
Pollution From New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines: Certification and Test
_ Procedures,"40 C.F.R. Part 86; and"Fuel Economy of Motor Vehicles," 40 C.F.R.Part 600.
B. Energy Conservation. The Grantee and its third party contractors shall comply with mandatory Standards and
policies relating to energy efficiency that are contained in applicable State energy conservation plans issued in
compliance with the Energy Policy and Conservation Act 42 U.S.C. § 6321 et seq.
SECTION 18.PRIVACY.
To the extent that the Grantee,its third party contractors or their employees administer any system of records on
behalf of the Federal Government,the Grantee agrees to comply with,and assures the compliance of each affected
third party contractor,with the information restrictions and other applicable requirements of the Privacy Act of 1974,
5 U.S.C.442(the Privacy Act). Specifically:
A. Consent of Federal Government. The Grantee agrees to obtain the express consent of the Federal Government
before it or its third party contractors,or any of their employees,operates a system of records on behalf of the
Federal Government.
B.Acknowledgment of Civil and Criminal Penalties. The Grantee acknowledges that the requirements of the
Privacy Act,including the civil and criminal penalties for violations of the Privacy Act apply to those individuals
administering a system of records for the Federal government under this Project,and that failure to comply with the
Privacy Act may result in termination of this Agreement. .
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SECTION 19. DRUG AND ALCOHOL ABUSE.
The Grantee,if Section 5311 funds recipient, agrees to comply with USDOT regulations, "Drug-Free Workplace
Requirements(Grants),"49 C.F.R. Part 29, Subpart F. To the extent the Grantee or any third party contractor, or
their employees,perform a safety sensitive function under the Project,the Grantee agrees to comply with, and
assures the compliance of each affected third party contractor and their employees,with 49 U.S.C. § § 5331, and
FTA regulations, "Prevention of Prohibited Drug Use in Transit Operations," 49 CFR Part 655.
SECTION 20. SEVERABILITY.
To the extent that this Agreement may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Agreement,the terms of this Agreement are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect
the validity of any other term or provision hereof.
SECTION 21. SCHOOL BUS OPERATIONS.
Pursuant to 49 U.S.C. 5323(O and 49 CFR Part 605, grantees and their sub recipients of FTA assistance may not
engage in school bus operations exclusively for the transportation of student and school personnel in competition
with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus
service under an allowable exemption, grantees and their sub recipients may not use federally funded equipment,
vehicles or facilities.
SECTION 22. LABOR PROTECTION.
The Grantee,if a recipient of funds from Section 5311,agrees to comply with the terms and conditions of the
Section 13(c) special warranty for the Section 5311 program agreed to by the Secretaries of Transportation and
Labor dated May 31, 1979,and the procedures implemented by the Department of Labor or any revision thereto.
SECTION 23. CHARTER SERVICE OPERATIONS
Grantee agrees to comply with 49 U.S.C. 5323(d)and 49 CFR Part 604,which provides that grantees and their sub
recipients of FTA assistance are prohibited from providing charter service using federally funded equipment or
facilities if there is at least one private charter operator willing and able to provide the service, except under one of
the exceptions at 49 CFR 604.9 Any charter service provided under one of the exceptions must be "incidental,"i.e. it
must not interfere with or detract from the provisions of mass transportation.
SECTION 24 CHANGE ORDERS.
Bilateral changes within the general scope of the agreement,as defined in Exhibit A,may be executed using the
change order letter process described in this paragraph and a form substantially equivalent to the sample change
order letter attached as Exhibit E for any of the following reasons.
1. Where the agreed changes to the specifications which result in an adjustment to the price, delivery
schedule or time of performance.
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.
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05 HTD 00087
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 25. OPTION PROVISIONS.
The state may require continued performance for a period not to exceed one year for any services at the rates and
terms specified in the agreement. The State may exercise the option by written notice to the Grantee within 30 days
prior to the end of the current agreement term in a form substantially equivalent to Exhibit F.
If the State exercises this option,the extended agreement will be considered to include this option provision. The
total duration of this agreement,including the exercise of any options under this clause, shall not exceed three years.
SECTION 26.MISCELLANEOUS.
A. The Grantee agrees to take appropriate measures necessary to ensure compliance by all third party contractors
and other entities participating in the Project with those Federal requirements applicable to their performance in
the Project. Grantee shall include in all third party subcontracts entered into pursuant to this Agreement the
above Sections which are so indicated therein, using a format suggested by the State. The Grantee shall notify
the State of all third party contracts using Project funds. In addition,the Grantee shall include the following
provisions in any advertisement or invitation to bid for any procurement under this Agreement:
Statement of Financial Assistance
This contract is subject to a financial assistance agreement between
the State of Colorado,the U.S. Department of Transportation,
and the Federal Transit Administration
B. The Grantee warrants that it has the lawful authority to enter into this Agreement, and that it has taken all actions
and complied with all procedures necessary to execute the authority lawfully in entering this Agreement, and that the
undersigned signatory for the Grantee has been lawfully delegated the authority to sign this Agreement on behalf of
the Grantee.
C. Remedies for Grantee's failure to comply with any federal or state laws or regulations specified herein shall be
limited to the remedies specified in such laws and regulations together with the remedies stated in this Agreement.
D. This agreement is intended solely to fund the Project proposed by Grantee and to define the rights and
responsibilities between the parties with respect to such funding. This Agreement is not intended to create any third
party rights nor are third parties entitled to rely upon any provision.
E.This Agreement is subject to and contingent upon sufficient funds being appropriated,budgeted or otherwise
made available to Grantee for purposes of meeting all or any portion of Grantee's obligations hereunder.
14
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Section 27. 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 actor omission by the Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms
of this contract
No them 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 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 ENFORCE WORKERS'COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE)AND UNEMPLOYMENT
COMPENSATION INSURANCE AI 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 tmfair 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,andregulations 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 m 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 inplace appropriate
systems and controls to prevent such improper use of public Ends. If the State determines that the Contractor is in violation of this paragraph,the Sate may exercise any remedy
available at law or equity or under this Contract,including,without limitation,hrndiate termination of the Contract and any remedyconsistent 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 desrnbedherein.
Effective Date: April 1, 2004
15
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
GOVERNOR
Weld County, Colorado By Cr . 5✓j0.0-r-
Legal Name of Contracting Entity 1,7Executive D r ctor
Department o Transportation
84-6000-813
Social Security Number or FEIN
\airVV� LEGAL REVIEW:
Signature of Authorized Officer
ATTORNEY GENERAL
Robert D. Masden, Chair 11/22/04 By aj? L��, 1/��ILX
Print Name & Title of Authorized u Officer
CORPORATIONS: / 4191-!///
i?$I '(A corporate attestation is required.) e sJ� azi
Cll.
Attest(Seal) By / r.'?�
(QurpQxx x ) (Place corporate seal
Deputy Clerk to the Board here, if available.)
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 Mlt
By
5
sWer4,- 8266
05 HTD 00087
EXHIBIT A
SCOPE OF WORK AND CONDITIONS
WELD COUNTY
A. Standards of Performance
1. The Grantee will provide a minimum of 93,000 one-way passenger trip per year, at a
maximum operating and administrative cost of$11.82 per one-way trip,a maximum cost of$1.81
per mile and a maximum cost of$40.74 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
1. The net Project cost is estimated to be and shall be shared as follows:
Administrative Costs Operating Deficit
GBL(RG 34) GBL (RP 34)
Federal Share (70%) $13,000 (50%) $ 83,000
Local Share (30%) $ 5,571 (50%) $ 83,000
TOTAL $18,571 $166,000
2. The Project Cost shall not exceed the maximum allowable cost of$184,571. The State
will pay no more than 70%of only the eligible,actual administrative costs up to the maximum
federal amount of$13,000 no more than 50%of only the eligible,actual operating costs up to the
maximum federal amount of$83.000. 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$184.571 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
17
05 HTD 00087
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 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 31,2005 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 on page 10 and elsewhere in the
application and in the application update for funding submitted to the State on June 6,2003 and
July 30'"2004 respectively as specifically described below. That application and update are
incorporated herein by reference to the extent consistent with this Agreement.
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 the City of Greeley,and is general public with a large number of riders being, elderly,
disabled,and low-income individuals.
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05 HTD 00087
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.
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05 HTD 00087
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 recipients 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 recipient,awards funds to subrecipients,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)is 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.
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05 HTD 00087
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 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.
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05 HTD 00087
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/MODELNIN:
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:
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05 HTD 00087
Exhibit C Page 2
CERTIFICATION OF PROCUREMENT AND ACCEPTANCE
(Security Agreement Addendum I)
(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:
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05 HTD 00087
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(FY) (Agency) (Routing#1,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 performanceperiod 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: July 1,2004
24
05 HTD 00087
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) (Agency) (Routing#)between the State of
Colorado Department of Transportation (division)and(contractor's name)covering the period of (include
aerformance 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(date), 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 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: July 1, 2004
25
05 HTD 00087
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$
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.
26
05 HTD 00087
EXHIBIT F
Page 2
This purchase is authorized for the Grantee by:
Print name
Title
Signature Date
This Authorization has been reviewed and approved for content by CDOT by:
Print name
Title
Signature Date
27
05 HTD 00087
NOTICE OF ACCEPTANCE /NON-ACCEPTANCE
EXHIBIT G
The Grantee accepts the vehicle (VIN# ) 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
28
•
CLERK TO THE BOARD
PHONE (970) 336-7215, EXT.4218
FAX: (970) 352-0242
111k
GREELEY, COLORADO 80632
•
COLORADO .
. STATE OF COLORADO)
) ss
COUNTY OF WELD )
I, Donald D. Warden, Clerk to the Board of County Commissioners, ini and for the County
of Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2OO4-336O,
being one page, is a true and correct duplicate of the original on file in the Weld County Clerk to
the Board's office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
.County at Greeley, Colorado, this 2nd day of December, 20,11 4/,Ida,
04.
. 4 Eta
1861f •c'
el At
PC'�Alit CLERK TO THE BOARD
n� `� BY: /6/1-./Let -��/1y
DEPUTY CLER O T E BOARD
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f my £ S 4 1 FY ' »Y Sd .. 1
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STATE OF COLORADO
Department of Transportation w
Transit Unit, B606 's S OT
4201 East Arkansas Avenue
Denver, CO 80222ale
(303) 757-9771 C�r� DEPARTMENT Of.TRANSPORTATION
(303) 757-9727 FAX yQt Co rJ'
eric. ellis@dot.state.co.us ellis@dot.state.co.us 3
eta.c . Dor grt—
December 23, 2004 S3/o - S31 I � LA a S
Dear Grantee:
Enclosed is a copy of the executed 2005 FTA contract(s)between your agency and the Colorado
- Department of Transportation.
The date on the first page of the Grant Agreement represents the effective date. This date is assigned
by CDOT and represents the date the Department Controller verified funds for the contract. You
may request reimbursements only for that portion of the month that you have an effective contract.
Please use the contract number(the number beginning with"05-HTD..." and found in the upper
right hand corner of page one) when submitting reimbursement requests to CDOT. Please contact
Matt Paswaters at 303-512-4525 with any questions or concerns about reimbursements.
Please be sure to carefully review the entire Scope of Work(Exhibit A). This is the work you are
responsible for performing under the terms of the contract. This page also contains the budget,
which outlines the funding amount your agency is eligible to receive and the amount of local match
that must be provided.
Please all me at (303) 757-9771 with any questions or concerns.
Sincerely,
C
Eric Ellis, Transit Grants Coordinator
Enclosure
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