HomeMy WebLinkAbout20031765.tiff RESOLUTION
RE: APPROVE FEDERAL TRANSIT ASSISTANCE GRANT APPLICATION FOR
SECTION 5309 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 Federal Transit Assistance Grant
Application for Section 5309 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, with terms and conditions being as stated in said
application, and
WHEREAS,after review,the Board deems it advisable to approve said application,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 Federal Transit Assistance Grant Application for Section 5309 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 be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign said application.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 9th day of July, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL UN , COLORADO
ATTEST: am, �'��fi4 N C
��` vid E. Long, Chair
Weld County Clerk to e
186 O';. Q .�
--(/ R D. M etf, Pro-Tem
BY:
Deputy Clerk to th + L 1
r!- M. J. Geile
77
APPRO D AS TO
William H. Jerk
ounty tto
Glenn Vaad
Date of signature: �/� `r
2003-1765
HR0074
DESIGNATION OF SIGNATURE AUTHORITY
For The
TRANSPORTATION ELECTRONIC AWARD &MANAGEMENT PROCESS
(TEAM)
The Weld County Government/Department of Human Services hereby
authorizes the Transit System Administrator to be assigned and use of a Personal
Identification Numbers (PIN), for the execution of annual Certification and Assurances
issued by the Federal Transit Administration (FTA), submission of all FTA grant
applications, and the execution of all FTA grant awards, on behalf of the officials below,
for the FTA's Transportation Electronic Award and Management System (TEAM).
David E. Lon Bru . Barker
Chair. Weld County Board o Commissioners ounty Attorney
07/09/2003
;- /-1(.71;
•03 33:55pm From- T-448 P.02/02 F-087
Federal Transit Administration
TEAM User Access Authorization Forin
•
P) Request: Initial:_x Addition: Deletion:
„t Name: Weld County Government/Human Services Department .
GI ID#: 5869 (4 digit code)
t:a Tax ID#: 846000813
Au tion: The employee named below is hereby authorized to use the Personal Identification IN),issued by the Federal Transit
.._ non(FTA),to(1)submit all FTA Applications,(2)execute all t Awards ute annual FM Certifications and
.�c. :, the P``TAA m
''s TEAMIsyste
•
David E.Long \Sr arker
hair. Weld County Bo•
of Commissioners C ty Attorney
07/09/2003
TI :Tsar Information :
U: ame: Fats,/Drewer� Phone: 970-356-4000 ext.3490
Us ignature: �3'aat Qi tu,e, Date: Q 7-O 9-.-2n 6 -t
1.1,1 itle: Transit System Administrator Voice mail? Yes X No
'Grantee: _Weld County Government/Department of Human Services_ Fax: 970-304-6404_
St 933 N. 11th Avenue, Email Address: pdrewereco.weld.co.us
Ci :e/Zip Code: Greeley..CO 80632
•
•
ING:Unauthorized access to this United States Government Computer system is prohibited by Title 18,"Crimes and Criminal
Procedures,"United States Code,Section 1030,"Fraud and Related Activity in Connection with Computers." Knowingly or
intentionally accessing this computer system without authorization or with intent to defraud could result in a fine,
imprisonment,or both_In accordance with Title 18,United States Code,Section 1001,"Whoever,in any manner within the jurisdiction of any
department or agency of the United States knowingly and willfully falsifies,conceals,or covers up by any trick,scheme,or
device of a material fact,or makes or uses any false writing or document knowing the same to contain any false,fictitious,or
fraudulent statement or entry,shall be fined not more than$10,000 or imprisoned not more than five years,or both."
_'E: It is the responsibility of the Requesting User to maintain the confidentiality of Passwords and/or Personal
Identification Numbers(PIN)issued by the FTA.
•
TO BE COMPLETED BY THE FTA F'4--sglfI r
Request Date: Qed //, c9co33 Requested User ID: Ili Vi'PD t — rD'.e WEi roof
V' CURITY AUMORIZATION: eical� 2i9'/llg 9 # �ciing_//, • 3
rI1 ?n4e [� Lam'
Title
'1
UMTA 4702.1 - Appendix
A
5-26-88 Page 1
APPENDIX A
URBAN MASS TRANSPORTATION ADMINISTRATION CIVIL RIGHTS
ASSURANCE
The Weld County Government/Department of Human Services HEREBY
CERTIFIES THAT, as a condition of receiving federal financial assistance under
the Urban Mass Transportation Act of 1964, as amended, it will ensure that:
1. No person on the basis of race, color, or national origin will be subjected
to discrimination in the level and quality of transportation services and
transit-related benefits.
2. The Weld County Government/Department of Human Services will
compile, maintain, and submit in a timely manner Title VI information
required by UMTA Circular 4702.1 and in compliance with the Department
of Transportation's Title VI regulation, 49 CFR Part 21.9.
3. The Weld County Government/Department of Human Services, will make
it known to the public that those person or persons alleging discrimination
on the basis of race, color, or national origin as it relates to the provision of
transportation services and transit-related benefits may file a complaint
with the Urban Mass Transportation Administration and/or the U.S.
Department of Transportation. ,
The person or persons whose signature appears below are authorized to sign
this assurance on behalf of the grant applicant or recipient.
David E. Long, Chair, Board of County Commissioners DATE: 07/09/2003
_,
(N AND TITLE OF AUTHORIZED OFFICER)
(6,n C)(
(SIGNATURE`OF AUTHORI D OFFICER)
UMTA C 4702.1 Appendix B
5-26-88 Page 1
APPENDIX B
DEPARTMENT OF TRANSPORTATION TITLE VI ASSURANCE
The Weld County Government/Department of Human Services (hereinafter referred to as the
"Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial
assistance from the Department of Transportation it will comply with Title VI of the Civil Rights
Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the
Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the
Civil Rights Act of 1964 (hereinafter referred as the Regulations) and other pertinent directives,
to the end that in accordance with the Act, Regulations, and other pertinent directives, no
person in the United States shall, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under
any program or activity for which the Recipient receives Federal financial assistance from the
Department of Transportation, including FTA_, and HEREBY GIVES ASSURANCE THAT it will
promptly take any measures necessary to effectuate this agreement. This assurance is required
by subsection 21.7(a) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives
the following specific assurances with respect to its Capital Program :
I1. That the Recipient agrees that each "program" and each "facility" as defined in subsections
21.23(e) and 21 .23(b) of the Regulations, will be (with regard to a "program") conducted,
or will be (with regard to a "facility") operated in compliance with all requirements imposed
by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for work or
material subject to the Regulations and made in connection with all Capital Program and, in
adapted form in all proposals for negotiated agreements:
The Weld County Government/Department of Human Services, in accordance with Title
VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the
Department of Transportation issued pursuant to such Act, hereby notifies all bidders
that it will affirmatively insure that in any contract entered into pursuant to this
advertisement, minority business enterprises will be afforded full opportunity to submit
bids in response to this invitation and will not be discriminated against on the grounds
of race, color, or national origin in consideration for an award.
Appendix B UMTA C 4702.1
Page 2 5-26-88
•
3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract
subject to this Act and the Regulations.
4. That the Recipient shall insert the clauses of Appendix B of this assurance, as a covenant
running with the Land, in any deed from the United States effecting a transfer of real
property, structures, or improvements thereon or Interest therein.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part
of a facility, the assurance shall extend to the entire facility and facilities operated in
connection therewith.
6. That where the Recipient receives Federal financial assistance In the form, or for the
acquisition of real property or an interest in real property, the assurance shall extend to
rights to space on, over, or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this
assurance, as a covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the Recipient with other parties: (a) for the
subsequent transfer of real property acquired or improved under Capital Program and (b)
for the construction or use or access to space on, over, or under real property acquired, or
improved under Capital Program
8. That this assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is In the form of, personal property, or real property or interest therein or
structures or improvements thereon in which case the assurance obligates the Recipient or
any transferee for the longer of the following periods: (a) the period during which the
property Is used for a purpose for which the Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits; or (b) the period
during which the Recipient retains ownership or possession of the property.
9. The Recipient shall provide for such methods of administration for the program as are found
by the Secretary of Transportation or the official to whom he/she delegates specific
authority to give reasonable guarantee that it, other recipients, subgrantees, contractors,
subcontractors, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or
pursuant to the Act, the Regulations and this assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the Act, the Regulations and this assurance.
UMTA C 4702.1 Appendix B
5-26-88 - Page 3
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other racial financial assistance
extended after the date hereof to the Recipient by the Department of Transportation under the
Capital Program_ and is binding on it, other recipients, subgrantees, contractors,
subcontractors, transferees, successors in interest and other participants In the Capital Program
. The person or persons whose signatures appear below are authorized to sign this assurance
on behalf of the Recipient.
DATED 07/09/2003
David E. Long, Chair, Board of County Commissioners
Weld County Government/Department of Human
ervi es _
by
(Signature of Author d Official)
Attachments:
Appendices A, B, and C
Appendix B UMTA C 4702.1
Page 4 5-26-88
(APPENDIX A TO TITLE VI ASSURANCE)
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
(1) Compliance with Regulations: The contractor shall comply with the Regulations relative
to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment. The contractor shall not participate either directly or Indirectly in
the discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the
Regulations.
(3) Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by the contractor for
work to be performed under a subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or supplier shall be notified by the
contractor of the contractor's obligations under this contract and the Regulations relative
to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: The contractor shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the Weld County Government or the FTA to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish this Information the contractor shall so certify to the Weld County
Government, or the FTA as appropriate, and shall set forth what efforts it has made to
obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with
nondiscrimination provisions of this contract, the Weld County Government shall
impose contract sanctions as it or the FTA may determine to be appropriate, including,
but not limited to:
(a) withholding of payments to the contractor under the contract until the contractor
complies; and/or
UMTA C 4702.1 Appendix B
5-26-88 Page 5
(b) cancellation, termination, or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs
(1) through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The contractor shall take such action with respect to any subcontract or procurement
as the Weld County Government or the FTA may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that in the event
a contractor becomes involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the contractor may request the Weld County
Government to enter into such litigation to protect the interests of the Weld County
Government, and, in addition, the contractor may request the United States to enter
into such litigation to protect the interests of the United States.
Appendix B UMTA C 4702.1
Page 6 5-26-88
(APPENDIX B TO TITLE VI ASSURANCE)
The following clauses shall be included in any and all deeds effecting or recording the transfer of
real property, structures or improvements thereon, or interest therein from the United States. .
(GRANTING CLAUSE)
NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon
the condition that the Weld County Government/Department of Human Services will accept
title to the lands and maintain the project constructed thereon, in accordance with TEA-21.
the Regulations for the Administration of Capital Program and the policies and procedures
prescribed by FTA of the Department of Transportation and, also in accordance with and in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally- Assisted Programs of the Department of Transportation
(hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of
Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does
hereby remise, release, quitclaim and convey unto the Weld County
Government/Department of Human Services all the right, title and interest of the
Department of Transportation in and to said lands described in Exhibit "A" attached hereto
and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Weld County
Government/Department of Human Services and its successors forever, subject, however,
to the covenants, conditions, restrictions and reservations herein contained as follows,
which will remain in effect for the period during which the real property or structures are
used for a purpose for which Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits and shall be binding on the
Weld County Government, its successors and assigns.
The Weld County Government/Department of Human Services_, in consideration of the
conveyance of said lands and interests in lands, does hereby covenant and agree as a
covenant running with the land for itself, its successors and assigns, that (1) no person shall
on the grounds of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination with regard to any facility located
wholly or in part on, over or under such lands hereby conveyed[,] [and]" (2) that the Weld
County Government shall use the lands and interests in lands and interests in lands so
conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part
21.
UMTA C 4702.1 Appendix B
Page 7
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended, and (3) that in the event of breach if any of the above-mentioned
nondiscrimination conditions, the Department shall have a right to re-enter said lands and
facilities on said land, and the above described land and facilities shall thereon revert to and
vest in and become the absolute property of the Department of Transportation and its
assigns as such interest existed prior to this instruction.*
* Reverter clause and related language to be used only when it is determined that such a
clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of
1964.
Appendix B UMTA C 4702.1
Page 8 5-26-88
• (APPENDIX C TO TITLE VI ASSURANCE)
The following clauses shall be included in all deeds, licenses, leases, or similar instruments
entered into by the Weld County Government/Department of Human Services pursuant to the
provisions of Assurance 7(a).
The grantee, licensee, lessee, permitee, etc., as appropriate) for himself/himself, his/her heirs,
personal representatives, successors in interest and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant
running with the land"] that in the event that facilities are constructed, maintained, or otherwise
operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose
for which a Department of Transportation program or activity is extended or for another purpose
involving the provision of similar services or benefits, the (grantee, licensee lessee, permitee,
etc.) shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally-
Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
[Include in licenses, leases, permits, etc.]*
That in the event of breach of any of the above nondiscrimination covenants, Weld County
Government/Department of Human Services shall have the right to terminate the (license, lease,
permit, etc.) and to re-enter and repossess said lands and facilities thereon, and hold the same
as if said [licenses, lease, permit, etc.] had never been made or issued.
[Include in deeds]'
That in the event of breach of any of the above nondiscrimination covenants, Weld County
Government shall have the right to re-enter said lands and facilities thereon, and the above
described lands and facilities shall thereupon revert to and vest in and become the absolute
property of Weld County Government/Department of Human Services and its assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by Weld County Government/Department of Human Services pursuant to the
provisions of Assurance 7(b).
The grantee licensee, lessee, permitee, etc., as appropriate) for herself/himself, his/her personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in case of deeds, and leases add "as a covenant running with the
land") that (1) no person on the grounds of race, color, or national origin shall be excluded from
participation in, be denied the benefits of, or be otherwise
UMTA C 4702.1
dix B Appen
5-26-88 Page 9
subjected to discrimination in the use of said facilities, (2) that in the construction
of any improvements on, over or under such land and the furnishing services
thereon, no person on the grounds of race, color, or national origin shall be
excluded from the participation in, be denied the benefits of, or be otherwise
subjected to discrimination, and (3) that the (grantee, licensee, lessee, permitee,
etc.) shall use the premises in compliance with all other requirements imposed by
or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally--Assisted Programs of the Department of Transportation - Effectuation
of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
[Include in licenses, leases, permits, etc.]*
That in the event of breach of any of the above nondiscrimination covenants,
Weld County Government shall have the right to terminate the (license, lease,
lease, permit, etc.] and to re-enter and repossess said land and the facilities
thereon, and hold the same as if said [license, lease, permit, etc.] had never
been made or issued.
[Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants,
Weld County Government/Department of Human Services shall have the right to
re-enter said land and facilities thereon, and the above described lands and
facilities shall thereupon revert to and vest in and become the absolute property
of Weld County Government/Department of Human Services and its assigns.
* Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate the purpose of
Title VI of the Civil Rights Act of 1964.
MEMORANDUM
COLORADO
To: David E. Long
Chair, Board of County Commissioners
From: Walter J. Speckman \\,F
Executive Director, Human Services
Subject: 5309 Grant information
Attached are supported documents to complete the Federal Transit Administration Assistance
Program, Grant 5309, for the Federal Fiscal Year 2003.
The "Designation of Signature Authority", "TEAM User Access Authorization Form", "Urban
Mass Transportation Administration Civil Rights Assurance", and the "Department of -
Transportation Title VI Assurance", must be signed by the Chair of the Board of Weld County
Commissioners.
Also, the "Designation of Signature Authority " and the "TEAM User Access Authorization
Form"must have the signature of Bruce T. Barker,
the Weld County Attorney.
If you have questions regarding the attached forms, please call me at extension 3317 or Patsy
Drewer at extension 3390.
2003-1765
03 03:55pm From- T-448 P.01/02 F-097
FT-1 Region 17II
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