HomeMy WebLinkAbout20031040.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROVISION OF TRANSPORTATION SERVICES FOR
ELDERLY PERSONS AND PERSONS WITH DISABILITIES, SECTION 5310, 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 State of Colorado, State Department of Transportation, Division of
Transportation Development, has obtained certain unencumbered Federal funds for the
provision of transportation services for elderly persons and persons with disabilities, and
WHEREAS, the State Department of Transportation, Division of Transportation
Development, is responsible for the disbursement of these funds, and
WHEREAS, the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, is desirous of obtaining said funds for the provision of
transportation services, and has filed an application with the State for this purpose, and
WHEREAS, the Board has been presented with an Agreement for the Provision of
Transportation Services for Elderly Persons and Persons with Disabilities, Section 5310
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and the
Colorado Department of Transportation, Division of Transportation Development, with terms
and conditions being as stated in said agreement, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for the Provision of Transportation Services for
Elderly Persons and Persons with Disabilities, Section 5310, between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Human Services, and the Colorado of Transportation, Division of
Transportation Development, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
2003-1040
06 ; HR0074
RE: AGREEMENT FOR PROVISION OF TRANSPORTATION SERVICES FOR ELDERLY
PERSONS AND PERSONS WITH DISABILITIES, SECTION 5310
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of April, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORAD
ATTEST: la
David E. Long, Chair
Weld County Clerk tot a B.
'y EXCUSED
‘,O�c' Robert D. sden, Pro-Tem
BY:
Deputy Clerk to the T Or r, r�
M. J. Geile
AP' -• •D AS T O .
William H. Jerke (y�
, y rt. ey- /A44 /Ia
Glenn Vaad JJJ
5/a
Date of signature:
2003-1040
HR0074
AGREEMENT
THIS AGREEMENT, made this..?(3 day of m> f , 20'"3 , by and between the
STATE OF COLORADO for the use and benefit of the STATE DEPARTMENT OF
TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT,hereinafter referred to
as the State, and WELD COUNTY,DIVISION OF HUMAN SERVICES, P.O. Box 1805, GREELEY,
CO 80632 , a public body, hereinafter referred to as the Grantee.
WHEREAS, authority exists in the Law, and funds have been budgeted,appropriated and
otherwise made available, and a sufficient unencumbered balance thereof remains available for payment
in Fund Code 4O0 Organization Code 9756 Appropriation Code 402,Program Code 5000,Function
Code 1510. Object Code 5180 1 N,GBL Code WW 83 Reporting Code 0510 FEIN Number,
846000813 G Encumbered Amounts$100,000 The Catalog Federal Domestic Assistance number
(CFDA) that relates to this contract in relation to audits is 20.513, and;
WHEREAS, required approval,clearance,and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, Section 5310,of 49 U.S.C. § § 5301 et seq., as amended,hereinafter referred to as
the Federal Transit Act or the Act,provides for capital grants to private nonprofit corporations and
associations and certain public bodies for the specific purpose of assisting them in providing
transportation services to meet the special needs of elderly persons and person with disabilities foe
whom mass transportation services are unavailable, insufficient, or inappropriate; and
WHEREAS, the Grantee has proposed a project in the form of an application for funding under
Section 5310 of the Act,hereinafter referred to as the "Project"; and
WHEREAS, Sections 43-1-601,C.R.S. 1973 authorizes the State 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 5310 of the Act, being a grant program for
the purpose of assisting nonprofit corporations and associations and certain public bodies in making
transportation services available to elderly persons and persons with disabilities; and
WHEREAS, the Governor of the State of Colorado, in accordance with a request by the Federal
Transit Administration, hereinafter referred to as FTA, has designated the State Department of
Transportation to evaluate and select projects proposed by private nonprofit organizations and
associations and certain public bodies and to coordinate the grant applications; and
WHEREAS, the Grantee desires to and has the legal capacity and authority to contract with the
State; and
WHEREAS, the Grantee possesses the necessary fiscal and managerial capability to implement
and manage the project and utilize grant funds for public transportation needs of elderly persons and
persons with disabilities in the State;
NOW,THEREFORE, it is hereby agreed that:
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.
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SECTION 2. ACCOMPLISHMENT OF THE PROJECT.
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
Option Form Letter," Exhibit E "Sample Change Order Letter"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 regulations, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18, are applicable to Projects
with governmental and non-governmental bodies. 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 Territorial Law. Except to the extent that a federal statute or regulation preempts State or
territorial 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 territorial law; however, if any of the provisions of the Agreement violate any applicable State or
territorial law, or if compliance with the provisions of the Agreement would require the Grantee to violate
any applicable State or territorial 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 recipient agrees to notify the State
immediately of any decision pertaining to the Grantee's 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 may name the State as a party to litigation for any reason, the Grantee
agrees to inform the State; this provision applies to any type of litigation whatsoever, in any form arising
out of this Agreement or the Project.
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. Period of Performance. This Agreement shall commence on the date all required signatures are affixed
hereto, including that of the State Controller, as reflected by the date to be inserted by the State on the first
page of this Agreement, and shall terminate as outlined in Sections 8 and 10 of this Agreement, and as
further described in the body of this Agreement.
G. Contract Changes. Any change in this Agreement shall be in the form of a written supplement signed
by the parties to this Agreement.
H. Pursuant to Applicable Regulations. The Project shall be performed by the Grantee pursuant to all
applicable federal requirements, which shall be made available to the Grantee.
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SECTION 3. ETHICS.
A. Code of Ethics. The Grantee agrees to maintain and to require its subcontractors to maintain a written
code or standards of conduct that shall govern the performance of its officers, employees, and board
members engaged in the award and administration of contracts supported by Federal funds. The code or
standards shall also provide that the Grantee's and subcontractor's officers, employees, and board members
shall neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential
contractors or sub recipients. The Grantee and subcontractor may set minimum rules where the financial
interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. As permitted by State
or local law or regulations, such code or standards of conduct shall provide for penalties, sanctions, or
other disciplinary actions for violations by the Grantee's and subcontractor's officers, employees, and board
members.
(1) Personal Conflict of Interest. The Grantee's and subcontractor's code or standards must
provide that no employee, officer, or board member, of the Grantee and subcontractor may
participate in the selection, award, or administration of a contract supported by Federal funds
if a real or apparent conflict of interest would be involved. Such a conflict would arise when
any of the parties set forth below has a financial or other interest in the firm selected for
award:
a. The employee, officer, or board member;
b. Any member of his or her immediate family;
c. His or her partner;
d. An organization that employs, or is to employ, any of the above.
(2) Organizational Conflict of Interest. The Grantee's and subcontractor's code or standards of
conduct must include procedures for identifying and preventing real and apparent organizational
conflicts of interest. An organizational conflict of interest exists when the nature of the work to be
performed under a proposed third party contract may, without some restrictions on future
activities,result in an unfair competitive advantage to the contractor or impair the contractor's
objectivity in performing the contract work.
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
U.S. DOT 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 through 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 turns of U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to Project.
SECTION 4.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
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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 5. 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 evidencing in detail 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 describing in proper detail 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 6. 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
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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 turn of the Project, except as otherwise provided herein or in Exhibit A. If
reports and 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 7. 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. Any 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.
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D. Final Determination. The Grantee agrees that reimbursement of any cost under this Agreement does
not constitute a final State decision about the allow ability of that cost and does not constitute a waiver of
any violation by the Grantee of the terms of this Agreement. The Grantee understands that the State will
not make a final determination about the allow ability of any cost until an audit of the Project has been
completed. If the State determines that the Grantee is not entitled to receive any part of the Federal funds
requested, the State will notify the Grantee stating the reasons therefor. 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 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 this 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 government 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. The parties may rescind this Agreement and terminate the Project if both parties
agree that the continuation of the Project would not produce beneficial results commensurate with the
further expenditure of funds.
C. For Cause.Upon written notice, the Grantee agrees that the State may suspend or terminate all or part
of the financial assistance provided herein 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. 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,
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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.
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, including any amendments thereto, 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 PROJECT 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.
SECTION 12. INSURANCE.
A. The Grantee agrees to carry and to require subcontractors and sub recipients to carry standard Worker's
Compensation insurance in statutory limits.
B. If the Grantee receives Federal funding for capital equipment and/or operating assistance,the Grantee
agrees to:
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1. Maintain and to require subcontractors and sub recipients to maintain in full force and effect
during the term of the Agreement Comprehensive General and Automobile Liability Policy for amounts
not less than: Bodily Injury, $400,000 each occurrence; Property Damage, $400,000 each occurrence; or
$600,000 combined single limit. If the Grantee is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, Section 24-10-101, et.seq. C.R.S. as amended("Act"), the Grantee shall
maintain such insurance by commercial policy or self-insurance as is necessary to meet Grantee's liabilities
under the Act.
2. Submit annually to the State, within 30 days of the issuance of each insurance policy, certification
that demonstrates the Grantee and subcontractors and sub recipients are carrying the above-described
insurance.
3. Name the State or require subcontractors and sub recipients to name the State as loss payee on the
policies for equipment purchased with Project funds and submit evidence of such to the State annually.
C. The Grantee shall name the State as loss payee on the insurance policies for equipment purchased with
Project funds and submit evidence of such to the State annually.
D. 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(1)(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.
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$100,000, the Grantee agrees to obtain a debarment and suspension certification
from each such third party contractor and provide the State a copy of such certification, as requested by the
State.
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,
and any amendments thereto, 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
8
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 may be 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 commercially 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.
SECTION 14. PATENT RIGHTS.
A. If any invention, improvement, or discovery of the Grantee or any of its third party contractors is
conceived or first actually reduced to practice in the course of, or under this Project, and that invention,
improvement or discovery is patentable under the laws of the United States of America or any foreign
country, the Grantee agrees to notify the State immediately and provide a detailed 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,regulations,
policies, and any waivers thereof.
• B. The Grantee agrees to include the requirements of Section 13 (A) of this Agreement in its third party
contracts under this Project.
SECTION 15.RIGHTS IN DATA AND COPYRIGHT.
A. The term "subject data" as used herein means recorded information, whether or not copyrighted,that is
delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial
delineation's in media such as drawings or photographs; text in specifications or related performance or
design-type documents; machine forms such as punched cards,magnetic tape, or computer memory
printouts; and information retained in computer memory.
B. The following restrictions apply to all subject data first produced in the performance of this
Agreement:
1. Except for its own internal use,the Grantee shall not publish or reproduce subject data in whole
or in part, or in any manner or form,nor may the Grantee authorize others to do so, without the written
consent of FTA until such time as FTA may have released such data to the public.
2. As authorized by 49 C.F.R. § 18.34, the FTA reserves a royalty-free, nonexclusive,and
irrevocable license to reproduce,publish or otherwise use, and to authorize others to use, for Federal
Government purposes:
(a) Any work developed under a grant, cooperative agreement, sub-grant, or third party contract,
irrespective if whether or not copyright has been obtained; and
9
(b) Any rights of copyright to which a Grantee, sub-recipient, or a 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 U.S.
DOT regulations, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act,49 C.F.R. Part 21, 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 U.S. DOT 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 award and performance of any U.S. DOT 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 U.S. DOT assisted contracts. The Grantee's DBE program, if required by 49
C.F.R. Part 23 and as approved by the U.S. DOT, 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 U.S. DOT 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 U.S. DOT-approved Disadvantaged Business Enterprise DBE)Program
(where required) are incorporated in this(contract or agreement)by reference. Failure by the(Contractor,
10
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. U.S. DOT regulations, "Transportation Services for Individuals with Disabilities(ADA),"
49 C.F.R. Part 37;
2.U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,"49 C.D.R. Part 27;
3. U.S. DOT 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.
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
11
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.
SECTION 19. SUBSTANCE ABUSE. The Grantee, if a recipient of funds from Section 5311, agrees to
comply with U.S. DOT 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, and "Procedures for
Transportation Workplace Drug and Alcohol Testing Programs"49 CFR Part 40.
SECTION 20. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected thereby if such remainder would then continue to conform to the terms
and requirements of applicable law.
SECTION 21. SCHOOL BUS OPERATIONS. Pursuant to 49 U.S.C. 5323(f)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
12
implemented by the Department of Labor or any revision thereto.
SECTION 23. CHARTER SERVICE OPERATIONS the 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 ORDER PROVISIONS The State may prospectively increase or decrease the
amount payable under this Agreement through a "Change Order Letter", approved by the State Controller
or his designee, in the form attached hereto as Exhibit E, subject to the following conditions:
A. The Change Order Letter("Letter")shall include the following:
(1) Identification of contract by contract number and affected paragraph number(s);
(2) Types of services or programs increased or decreased and the new level of each service;
(3) Amount of the increase or decrease in the level of funding for each service and the total;
(4) Intended effective date of the funding change;
(5)A provision stating that the Change shall not be valid until approved by the State Controller
or such assistant as he may designate;
B.Upon proper execution and approval, such letter shall become an amendment to this Agreement and,
except for the General and Special Provisions of the Agreement,the Letter shall supersede the Agreement
in the event of a conflict between the two. It is understood and agreed that the Letter may be used only for
increased or decreased funding, and corresponding adjustments to service level and any budget line items.
C. If the Grantee agrees to and accepts the change, the Grantee shall execute and return the letter to the
State by the date indicated in the letter. In the event the Grantee does not accept the change, or fails to
timely return the executed letter, the State may, upon notice to Grantee,terminate this Agreement effective
at any time after twenty(20) days following the return deadline specified in the Letter. Such notice shall
specify the effective date of termination. In the event of termination, the parties shall not be relieved of
their obligations up to the effective date of termination.
D. Increases or decreases in the level of contractual funding made through the letter process during the
term of this Agreement may be made under the following circumstances:
(1) If necessary to fully utilize non-appropriated federal grant awards.
(2) Adjustments to reflect current year expenditures.
(3) Supplemental non-appropriated federal funding changes resulting in an increase or decrease in
the amounts originally budgeted and available for the purposes of this Project.
(4) Closure of programs and/or termination of related contracts.
(5) Delay or difficulty in implementing new programs or Services.
(6) Other special circumstances as deemed appropriate by the State.
SECTION 25. OPTION PROVISIONS.
A. Continued Performance. The State may require the continued performance, for a period of no more
than one year,of any services within the limits and in the amounts specified in the Agreement.The State
may exercise the option by written notice to the Grantee deposited in the mail before the end of the
performance period of the Agreement using a form substantially equivalent to Exhibit D, "Sample Option
Form Letter". The State shall give the Grantee 30 days preliminary written notice of its intent to execute
the option. Preliminary notice does not commit the State to an extension. If the State exercises this option,
the extended Agreement shall 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 (3)years.
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
B. Increased Performance. The State may require increased performance at the same rate and under the
same conditions as described in the Agreement, and following the same provisions as set forth above in A .
13
SECTION 26.MISCELLANEOUS.
A. The Special Provisions attached hereto are hereby made a part of this Agreement.
B. 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. To that end,the 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
C. 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.
D. 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.
E. 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.
F. 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.
G. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state
agencies under the vendor offset intercept system for: (a)unpaid child support debt or child support
arrearages; (b)unpaid balance of tax, accrued interest, or other charges specified in Article 22,Title 39,
CRS; (c)unpaid loans due to the student loan division of the department of higher education; (d) owed
amounts required to be paid to the unemployment compensations fund; and(e)other unpaid debts owing to
the state or any agency thereof,the amount of which is found to be owing as a result of final agency
determination or reduced to judgement as certified by the controller.
14
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of
Colorado or such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent
upon funds for that purpose being appropriated,budgeted, and otherwise made available.
3. INDEMNIFICATION.
Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees incurred
as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or
assignees pursuant to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver,express or
implied, of any of the immunities, rights, benefits,protection, or other provisions for the parties, of
the Colorado Governmental Immunity Act, 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 IN FORCE WORKERS' COMPENSATION(AND
PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY
RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal
laws respecting discrimination and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution, and enforcement of this contract. Any provision of this
contract, whether or not incorporated herein by reference, which provides for arbitration by any
15
extra-judicial body or person or which is otherwise in conflict with said laws, rules, and
regulations shall be considered null and void. Nothing contained in any provision incorporated
herein by reference which purports to negate this or any other special provision in whole or in part
shall be valid or enforceable or available in any action at law whether by way of complaint,
defense, or otherwise. Any provision rendered null and void by the operation of this provision
will not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
At all times during the performance of this contract, the Contractor shall strictly adhere to all
applicable federal and state laws,rules, and regulations that have been or may hereafter be
established.
7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any
personal or beneficial interest whatsoever in the service or property described herein.
16
c¢ THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL O GOVERNORAL
Weld County Board of Commissioners By
Legal Name of Contracting Entity THOMAS E. NORTON
Executive Director
Dep ent of TraEisportati n 9
84-6000-813 77-
Social Security Number or FEIN By et1/2-4(-4/7-
JE ER F&CH
Di ' ion Dire for
D' .sion of Transportation Development
Signature of Authorized O icer LEGAL REVIEW:
D E
Print Name &Title of Authorized Officer KEN SALAZAR, ATTORNEY GENERAL
(04/28/2003)
By W4wt&� ov \LE
1'RACY L. KINSELLA
Assistant Attorney General
Natural Resources Section
CORPORATIONS:
S. !~
(A corporate seal and attestation is require ��
fr-
1;
Attest (Seal)By F,�, a 11�
Deputy Clerk to the $olyd ;'
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.
ATE�C/O�NTT�ROLLER:
By Pled-Mt i
Date R. 3() X03
Revised: 1202
>100,000
19
9OO 3-1O9O
EXHIBIT A
SCOPE OF WORK AND CONDITIONS
WELD COUNTY DIVISION OF HUMAN SERVICES TRANSPORTATION DEPARTMENT
A. Standards of Performance
The Grantee will provide the service described in Section F of this Exhibit and will provide a
minimum of 83,500 one-way trips per year, at a maximum operating and administrative
maximum cost of$11.43 per one way trip and a maximum cost of$2.03 per mile and a maximum
cost of$46.54 per vehicle hour.
Standards of performance will be measured and reported semiannually as long as a federal
interest remains in the vehicle. A report covering the period from January through June shall be
due by August 15th and a report for the period from July through December shall be due by
February 15th. Performance will be reviewed after each semiannual report. 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 State, the Grantee will implement the plan immediately upon
receipt of the State's notification. If the plan is not approved by the State 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 and Exhibit C, Security Agreement.
B. Project Budget
1. The net Project cost is estimated to be and shall be shared as follows:
CAPITAL EQUIPMENT
GBL (WW 83)
Federal Share (80%) $ 80,000
Grantee Share(20%) $ 20,000
TOTAL $100,000
2. The Project Cost shall not exceed the maximum allowable cost of$100,000. The State
will pay no more than 80%of only the eligible, actual costs incurred by the Grantee, up to the
maximum federal amount of$80,000. 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$100,000, the State is not obligated to provide any more than 80% of the
eligible, actual Project costs and shall retain the remaining balance of the federal share.
3. The Grantee shall provide the Grantee's Share from sources other than Federal funds.
19
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 authorize the Grantee to obtain
and 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.
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, 2003,provided that such
requests and costs comply with all terms and conditions of this Agreement. The final invoice
shall be submitted no later than sixty 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.
E. Required Certifications
The Grantee shall obtain pertinent certifications from vendors in its procurement actions. The
Grantee shall maintain such certifications on file for inspection by the State or shall submit such
certifications to the State if required. Such actions requiring certifications shall include,but not
be limited, to the following:
I. Compliance with Bus Testing requirements, if a vehicle(s) is being procured under this
Agreement.
2. Compliance with federal requirements regarding debarment, suspension and other
responsibility matters(49 C.F.R. §29.105(p)), for procurement exceeding $100,000.
3. Compliance with Pre-Award and Post-Delivery Review Requirements, if a vehicle(s) is being
procured under this Agreement.
F. Project Description
The Grantee shall perform all the Project activities as described on page 13 and elsewhere in the
application update for funding submitted to the State on June 15, 2001. That application is
incorporated herein by reference to the extent consistent with this Agreement.
Weld County Transportation Service proves demand response and modified demand response
system for the resident of Weld County excluding the City of Greeley. The service is available to
both incorporated and unincorporated areas of the county. The service is available to the general
public with a significant number of riders being elderly, disabled and low income. The service
listed below is only part of the transportation service we provide. This service plan only reflects
the Section 5311 service funded primarily by FTA, the Community Service Block Grant, non-
20
medical, proposed Medicaid and a small amount of collectable fares.
Proposed Public Transportation Levels of Service for 2003
Area Days Hours Vehicles Ault 2 x per week 10:00-3:00 one Dacono/Tri 2 x per week 9:00 -
4:00 one Eaton 2 x per month 10:00 -3:00 one Ft. Lupton 4 x per week 9:30-3:00 one Gilcrest 4
x per week 9:00-3:30 one Hill N Park 2 x per week 9:30-2:30 one Hudson 2 x per month 9:00
-3:00 one Johnstown 3 x per week 9:30 -2:30 one Keensburg 2 x per month 9:00- 3:00 one
Kersey 3 x per week 9:00 -3:30 one Lochbuie
2 x per month 9:00-3:00 one Milliken 3 x per week 9:30 - 3:30 one Platteville 4 x per week 9:30
-3:30 one Erie, Severance, Nunn, Grover, Mead, Briggsdale Call In Varies one Wheelchair
Requests Demand Response Varies Five
Capital funds will be used for two van conversion vehicles each one with 15 ambulatory seats,to
replace a 1995 Dodge VIN 6562 with approximately 139,980 miles and a 1996 Ford VIN 9692
with approximately 69,054 miles. You will be required to follow the Department's procurement
procedures and it will be necessary for the Depaitnient to place a lien in the amount of the federal
share at the time the vehicle is delivered.
G. Procurement
The Grantee shall follow the vehicle procurement process as set forth by the State in the 2003
Procurement Package. The Grantee shall submit procurement package to the State no later than
February 14, 2003. A purchase order for the vehicle shall be issued no later than March 31, 2003,
unless otherwise exempted by the State in writing. This means that your agency will have issued
a purchase order to a vehicle vendor for your capital equipment by that date.
The Grantee shall be responsible for having the vehicle inspected and accepted within five
working days of delivery from the vendor. The Grantee shall be responsible for reimbursing the
local share to the selected vendor within 3 working days after acceptance of the vehicle. The
Grantee shall be responsible to pay the vehicle vendor the 80% or balance due to the vendor
whether or not you have received the reimbursement from CDOT. The Grantee shall be
responsible for billing CDOT within three working days after acceptance of the vehicle. The
Grantee shall follow the acceptance of vehicle procedures as specified in the 2002 Procurement
Package Section 2.3.1.5, unless otherwise exempted by the State in writing. The State shall be
notified of the agreed upon delivery date and may choose to attend the inspection of the vehicle.
The Grantee shall submit to the State,by within three working days after the acceptance of the
vehicle.
H. Restrictions on Lobbying
The Grantee shall certify that it complies with P.L. 101-121, Section 319, Restrictions on
Lobbying, prior to the expenditure of the Federal funds provided in this Agreement.
I. 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.
21
EXHIBIT B
SECTION 5310
GUIDANCE FOR AUDIT OF GRANTEE COMPLIANCE
WITH FTA REQUIREMENTS
Federal Domestic Assistance Catalog No. 20.500
I. PROGRAM OBJECTIVES
Grants made under the Section 5310 program are available to supplement other FTA capital assistance
programs by finding transportation projects for elderly and handicapped individuals in urbanized,
• small urban and rural areas. Program funds may be used to purchase or rehabilitate vehicles,
communication and dispatching equipment (including computers), vehicle shelters and related
equipment.
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 apply for and administer the funds. The Department, the recipient,
awards funds to subrecipients, hereinafter referred to as grantees, on a competitive basis. The local
subrecipient must be a private nonprofit organization.
III. COMPLIANCE REQUIREMENTS AND SPECIAL AUDIT PROCEDURES
A. Matching Requirements
The minimum local match for the Project equipment purchases is 20 percent, must be in cash, and
cannot be from a federal source. The equipment purchase (s) must be consistent with the equipment
specified in the Agreement's Scope of Work and Conditions (Exhibit A). Capital is defined as any
item costing over $500 with a useful life of over one year.
Suggested Audit Procedures:
a. Examine the Scope of Work and Conditions(Exhibit A)
b. Ascertain the total Project cost
c. Determine whether local matching funds were applied to the uses for which they were
committed.
d. Verify that payment of federal funds is accompanied by the appropriate share of local
matching funds, that matching funds are not used to match other programs. and that
the match was not from a federal source.
22
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 I to this Security Agreement. In the case of vehicle
procurement, this certificate must indicate the year, make, model, VIN, and any other information needed to
register the vehicle.
C. Security Interest. In consideration of the value provided to the Grantee under the Agreement
dated this day of , 20 and identified as contract # , the Grantee
hereby gives and grants to the State a security interest in the Project Equipment described in Addendum I and
/or described below as follows:
MAKE/MODEL/VIN
This security interest shall apply to the Project Equipment acquired pursuant to the Agreement dated
this day of , 20_ and identified as contract # , whether purchased
before or after the date this Security Agreement is executed. The Grantee hereby authorizes the State to
describe in the space above the Project Equipment subject to this Security Agreement.
D. Lien. The State may place a lien on the title of each Project Equipment vehicle based upon this
Security Agreement. The State shall retain physical possession of the titles of such Project Equipment
vehicles and the Grantee agrees that the State shall be considered "in possession" of such vehicles for the
purpose of any document required by State law to repossess such vehicles if necessary.
E. Disposition of Equipment. In addition to the security interest granted herein, the Grantee agrees
to and acknowledges the right of the State to remove all Project Equipment from the Grantee's premises
and to take possession of any of the Project Equipment, if the Grantee fails to satisfactorily perform the
Project services as detailed in the Agreement, or if the State determines for any other reason, including but
not limited to termination of the Agreement, that the disposition of the federal interest in such Project
23
Exhibit C
Page 2
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:
Name:
Title:
Date:
24
Exhibit C
Page 3
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:
25
Exhibit D
SAMPLE OPTION LETTER
Date: State Fiscal Year: Option Letter No.
SUBJECT: [Option to Renew]
[ Amount of goods/Level of service change]
In accordance with Paragraph(s) of contract routing number , [ your
Agency code here ], between the State of Colorado Department of or Higher Ed Institution [ your
agency name here ], [ division], and
[ Add Contractor's name here
covering the period of[July 1, 20 through June 30, 20 , ] the state herby exercises the option
for[an additional one year's performance period at the (cost) (price) specified in Paragraph .]
and/or [increase/decrease the amount of goods/services at the same rate(s) as specified in
Paragraph/Schedule/Exhibit .]
The amount of funds available and encumbered in this contract is [increased/decreased ] by
[ $ amount of change] to a new total funds available of [ $ ] to satisfy
services/goods ordered under the contract for the current fiscal year [ FY 0 ]. The first sentence
in Paragraph 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/College President]
Colorado Department of
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
By:
Date:
26
Exhibit E
SAMPLE BILATERAL CHANGE ORDER LETTER
Date: State Fiscal Year: Bilateral Change Order Letter No.
In accordance with Paragraph of contract routing number , [ your agency code
here ] , between the State of Colorado Department of or Higher Ed Institution [ your agency
name here ] ( division) and [ Contractor's Name Here]
covering the period of [ July 1, 20 through June 30, 20 ] the undersigned agree that
the supplies/services affected by this change letter are modified as follows:
Services/Supplies
Exhibit , Schedule of Equipment for Maintenance or Schedule of Delivery, is amended
by adding , serial numbers and
Price/Cost
The maximum amount payable by the State for [service]
Isupply] in Paragraph is (increased/decreased) by ($ amount of
change) to a new total of($ ) based on the unit pricing schedule in Exhibit . The first
sentence in Paragraph is hereby modified accordingly;
The total contract value to include all previous amendments, change orders, etc. is [ $
]
OR
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. Controller approval of this "no cost" change is
not required. contractor initials. Agency initials.
[Include this sentence: This change to the contract is intended to be effective as of , or
on approval by the State Controller, 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/College President
Title Colorado Department of
27
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
By:
Date:
28
ATTACHMENT 1 2002-03 Grant Application Update
Complete if receiving singularly or combined more than $100,000 in FTA Section 5309, 5310 or 5311
funds.
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
David E. Long, Chair, Weld County Board of Commissioners,
I, '-.ve/d Cawt,'f flu.no_-KSrro.4.r, , hereby certify tothe
(name and title of authorized official)
Colorado Department of Transportation, on behalf of toe Id r,;
that: (name of grantee)
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of a Federal department or
agency, a Member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a
Member of the U.S. Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification thereof.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions (as amended by "Government
wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1119/96). Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104-65, to be codified at Title 2 USC section 1601: et seq.)).
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Title 31 USC Section 1352 (as amended by the Lobbying Disclosure Act of 1995).
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
This certification is a material representation of fact upon which reliance is placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Title 31 USC Section 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Executed this 8th day of April, 2003. ,gar
By E‘ C�
(signature and title of authori d official)
David E. Long, Chair, Weld Cou ty Board of Commissioners (04/28/2003)
ATTACHMENT 2 2002-03 Grant Application Update
Complete if receiving singularly or combined more than $100,000 in FTA Section 5309, 5310 or 5311
funds.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS
The Grantee under this FTA project, IQ( /I Cn,..mry /14Iv1nsc r✓;cr 5 , certifies to the
(flange of grantee)
best of its knowledge and belief, that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(b) have not within a three-year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery falsification or destruction of records, making false
statements, or receiving stolen property;
(c) are not presently indicted for or other wise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b)
of this certification; and have not within a three year period preceding this application/proposal
had one or more public transactions (Federal, State or local) terminated for cause or default;
(d) have not within a three year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(If the Grantee is unable to certify to any of the statements in this certification, such Grantee shall attach
an explanation to this certification).
THE GRANTEE, Weld OP N.r1 f y H u n,n n .S c ru c e S , CERTIFIES OR
(name of grantee)
AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS
SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE
PROVISIONS OF Title 49 CFR PART 29 and FTA C.2015.1 ARE APPLICABLE THERETO.
Executed this 28th day of April, 2003. ,gam
By cft F
(signature and title of authori official)
David E. Long, Chair, Weld Co ty Board of Commissioners (04/28/2003)
ATTACHMENT 3 2002-03 Grant Application Update
Complete if receiving singularly or combined more than $100,000 in FTA Section 5309, 5310 or
5311 funds.
CERTIFICATION REGARDING DEBARMENT,SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED
TRANSACTIONS
The Grantee under this FTA project, Cu p Ic] Cnw„ 3 /-/N mu.„ Se ro, c e s , certifies
(name of grantee)
to the best of its knowledge and belief, that it and its prospective lower tier participants certify:
(1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
(2) if the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this certification.
THE GRANTEE, Li v Id CO„c„*yy Hu en ton 4 rJ, 4F; , CERTIFIES OR AFFIRMS
(name o?grantee)
THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS
SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE
PROVISIONS OF Title 49 CFR PART 29 and FTA C.2015.1 ARE APPLICABLE THERETO.
Executed is 28th day April, 2003. X80H8.
.1n1 e�
(signature and title of autho ' ed official)
David E. Long, Chair, Weld C my Board of Commissioners (04/28/2003)
ATTACHMENT 4 2002-03 Grant Application Update
SECTION 5310 APPLICANTS ONLY
We, the Governing Body of We Id C o un l HU ni cvn • e r v ,c e
(applicant)
In approving the submission of the attached application, certify:
A. The Applicant is a private non-profit organization incorporated in the State of Colorado,
or that it is a public body which has undertaken the requisite certification process to be
designated as an eligible Section 5310 recipient.
B. The Applicant has the requisite fiscal, managerial, and legal capacity to carry out the
Section 5310 project described herein and to receive and disburse Federal funds.
C. The Applicant has or will have by the time of delivery, sufficient funds to purchase and
operate the vehicles and/or equipment proposed under this project, as applicable.
D. The Applicant assures affirmative compliance with Title VI—Nondiscrimination in the
Provision of Service (FTA C 4702.1; FTA C 9040.1E; and FTA C 9070.1E).
E. The transportation needs of elderly persons and persons with disabilities have or will be
addressed by the Applicant.
F. The Applicant has demonstrated and will continue to demonstrate efforts to achieve
coordination with other transportation providers and users, including social service
agencies capable of purchasing service.
G. The Applicant will implement policies and procedures to ensure compliance with the
provisions of the Americans with Disabilities Act of 1990.
H. The Applicant will provide a fair and timely opportunity to private sector operators to
participate in the project.
Printed/typed Name: U c v d £ Lo n Title: C{1 e;r
(authorized official) ao..rd Co..,,ty c'a." ,i s;unr s
Signature: 6' ral,‘ Date: 04/28/2003
authorized official)
ATTACHMENT 5 2002-03 Grant Application Update
SECTION 5311 APPLICANTS ONLY
APPLICATIONS FOR FEDERAL FUNDS UNDER SECTION 5311
OF THE FEDERAL TRANSIT ACT OF 1991, AS AMENDED
To the best of my knowledge, based on the information submitted in this application, as the duly
authorized representative of Wek/ C, r 13, c-i n l• C., ..t Co n en•s l• r I
(applicant)
I make the following assurances to FTA and the State of Colorado:
A. The Applicant has the requisite fiscal, managerial, and legal capacity to carry out the Section
5311 project described herein and to receive and disburse Federal funds.
B. Some combination of federal, state, local and private funding sources has or will be committed
by the applicant in a timely fashion to provide the required local share.
C. The Applicant has, or will have by the time of delivery, sufficient funds to operate the vehicles
and/or equipment purchased under this project, if applicable.
D. The Applicant assures affirmative compliance with Title VI—Nondiscrimination in the Provision
of Service (FTA C 4702.1; ETA C 9040.1E; and FTA C 9070.1E).
E. The transportation needs of elderly and handicapped persons have been addressed by the
Applicant.
F. The Applicant has demonstrated and will continue to demonstrate efforts to achieve coordination
with other transportation providers and users.
G. The Applicant will comply with the applicable provisions of the guidelines relative to charter bus
service (Title 49 CFR Part 604) and school bus operations (Title 49 CFR Part 605; Title 49 USG
5323(f).
H. The Applicant has worked to ensure the continued use of existing revenues to complement
Section 5311 funds.
I. The Applicant has or will establish and implement a system of drug and alcohol testing as
required in applicable federal regulations.
J. The Applicant will implement policies and procedures to ensure compliance with the provisions
of the Americans with Disabilities Act of 1990.
K. The Applicant will provide a fair and timely opportunity to private sector operators to participate
in the project.
Printed/typed Name: 17a v,4 £ Lo-n 55 Title: Chair
(authorized`6fficial) 2ocr-d of C4c .:r) Co rim•s3.mvrs Signature: 6` ki Date: 04/28/2003
(authorized official)
ATTACHMENT 6 2002-03 Grant Application Update
SECTION 5311 APPLICANTS ONLY
SECTION 5333 (b) ASSURANCE
LISTING OF ELIGIBLE SURFACE TRANSPORTATION
PROVIDERS AND LABOR REPRESENTATION
1. Applicant name and brief description of project and service area.
7Xe We/d CaM+t th..4ic— Se -j,a > 7-raise po Ser✓:�
;5 n cJe m cnd-re s.Oc;l 5e, ¢nR m od ;l';J de mand rs:Prnsc. sislic•^, .sero:k)
et „oft 6f ectrtn of r<.) ; 1.-J) cl a 6‘5C cnS (09 we 4,n 14-
Cu.....t c-f i,.trl4
2. Other Section 5311 recipients within service area (will usually be blank).
N/A
3. Other surface public transportation providers in service area.
Gre dc.77 Trams;6 - n< t3'1S
Shkmric.k T-)e,
in t 0- /am
Pocky .,'V?&.4.+ tz.•n S'4Iafr/e..
4. Union representation of employees, identified in 2 and 3, if any. (list union and
provider).
N/A
We, the undersigned representing (,Jt Id Co m&.-n ru. Les
(applicant name)
and /WA
(subrecipient,if applicable)
hereinafter referred to as the applicant and subrecipient, respectively, have reviewed the
"Special Section 5333(b) Warranty for Application to the Small Urban and Rural Program"
and certify to the Colorado Department of Transportation that we will comply with its
provisions and that all its provisions will be incorporated into any contract between the
applicant and subrecipient which will expend funds received as a result of an application of
the Colorado De of Transportation under the Section 5311 Grant Program.
Applicant: 't C Title: CI)4“—
E. LJYP1tu1&lair (04/ /2003) Bo ed 0-1 Co r7 Co mw ,ss
Subrecipient: /1//4 Title:
(signature)
TO: David Long,t Chair
C
� Board of County Commissioner
COLORADO FROM: Walt Speckman,
Human Services Executive Director\' -
SUBJECT: 2003 CDOT Agreement and Resolution
DATE: April 21, 2003
Enclosed are three original Signature pages and one Resolution for the 5310 Grant, for the 2003
contract, between Weld County Board of County Commissioners and the Colorado State
Department of Transportation.
If you have questions, please call me, ext. #3317 or Patsy Drewer, ext. #3490.
2003-1040
STATE OF COLORADO
Department of Transportation ,w ,OT,
S3 . 0 XPAR,U-
Dear.99ntererf T sy
Enclosed is one copy of the contract ("Agreement") for Section 5310 funds awarded to your
organization for 2003. I have enclosed one complete copy of the contract, which you may retain for
your records until an executed c ontract i s r etumed. B y not providing all three copies of the full
contract, we cut down on the volume of mail.
Please return three signature pages with original signatures by January 28th. Notice that this is a new
signature page so if you have one that you have been using in the past, please destroy it and use this
one. Also, return one original of the Resolution. These are required parts to the contract. Without
the Resolution and signature pages, we cannot forward the contract for signature by the appropriate
CDOT personnel. It may take as much as three weeks to have the contract executed once we receive
the signature pages.
The signature pages and Resolution must be signed by the highest elected official (Mayor, County
Commissioner, Chairman of the Board, President, etc.) authorized to sign for the organization. (If a
staff member signs, we must have adequate documentation submitted that the person is authorized to
sign for the organization.) This should be the same person or position that signed the 2002/2003
application. Please be sure to have that person's signature "ATTESTED". See the left side of the
signature page directly under the signature.
List your formal corporate/agency name under "Contractor" on the left side signature page. Please
call me if you corporate/agency name is different from what is listed on page 1 of the enclosed
contract. Please check to see that the FEIN number matches the corporate/agency name and address.
Reimbursement checks will be sent to that address. The State will fill in the execution date at the top
of page 1 and return an original executed contract to you.
Please be sure to carefully review the entire Scope of Work (Exhibit A), for this is the work you are
responsible for performing under this contract.
Please contact me with any questions.
Sincerer
Eric Ellis
Grants Coordinator
Enc.
STATE OF COLORADO
Department of Transportation � . I OT
Transit Unit, B606
4201 East Arkansas Avenue _ - -- - —
Denver, CO 80222 SIM
CEPNITYEM OF TRMI QNIRIKM
(303) 757-9771
(303)757-9727 FAX
eric.t.ellis@dot.state.co.us
June 3, 2003
Ms. Patsy Drewer
Transit System Administrator
P.O. Box 1805
Greeley, CO 80632
Dear Ms. Drewer:
Enclosed is a copy of the executed 2003 5310 contract between Weld County Division of Human
Services Transportation Dept. and the Colorado Department of Transportation. Please use the
contract number (found in the upper right hand corner) when submitting reimbursement requests to
CDOT. Also notice the date on the first page of the Agreement—this date was assigned by CDOT
and represents the effective date of the contract. You may request reimbursement for the entire
month in which the effective date occurs. 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), page 18. 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.
Also enclosed is a vehicle bid package. Please note the contractual period is through December 31st
2003. In order to be reimbursed, you have to have taken delivery of the vehicle by the end of the
year. Please contact Gloria Hershberger if you have questions regarding procurement.
Please call me at (303) 757-9771 if you have any questions or concerns.
Sincerely,
�J� V
Eric Ellis
Transit Grants Coordinator
Enclosures
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