HomeMy WebLinkAbout20030726.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROVISION OF PUBLIC TRANSPORTATION
SERVICES IN NONURBANIZED AREAS AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Provision of
Public Transportation Services in Nonurbanized Areas 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, with terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for the Provision of Public Transportation Services
in Nonurbanized Areas 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 be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
•to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of March, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: aatiq�® ���� • ilea
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Weld County Clerk to t1-g$iI "
( ti� , Robert D. M den, Pro-Tem
BY: �%i 1,,�
Deputy Clerk to the Board. <I ,.`-
; .
M.M. J.
APED AS TO EXCUSED
Pu
Willi�/er e
ty Attorn y
Glenn Vaad
Date of signature: `3/97
2003-0726
CO; HR0074
•
TO: Chair, Weld County Board of
WC
County Commissioners
COLORADO FROM: Walt Speckman`,""
Human Services Executive Director
SUBJECT: 2003 CDOT Agreement and Resolution
DATE: March 19, 2003
Enclosed are three original Signature pages and one Resolution for the 2003, Grant 5311
contract, between Weld County Board of County Commissioner and the Colorado State
Department of Transportation.
If you have questions, please call Patsy Drewer, ext. #3490.
2003-0726
AGREEMENT
N-
THIS AGREEMENT,made this .13 day of (\. , I , 20O3 , 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, 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 400 , Organization Code 9758 and 9759 , Appropriation Code 415 , Program Code
5000,Function Code 1510, Object Code 5180 1 N , GBL Code XN 83 and XP 83,Reporting Code
0510,FEIN Number 846000813 G ,Encumbered Amounts$21,429 and$150,000, The Catalog
Federal Domestic Assistance number(CFDA)that relates to this contract in relation to audits is 20.509,
and;
WHEREAS, required approval, clearance,and coordination has been accomplished from and
with appropriate agencies;and
WHEREAS, Section 5311, of 49 U.S.C. § § 5301 et seq., as amended,hereinafter referred to as
the Federal Transit Act or the Act,institutes a program offering federal assistance for public
transportation in rural and small urban areas by way of a formula grant program administered by the
State;and
WHEREAS,the Grantee has proposed a project in the form of an application for funding under
Section 5311 of the Act, hereinafter referred to as the "Project"; and
WHEREAS, Sections 43-1-701 and 702, C.R.S. 1973 authorize 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 5311 of the Act, including
participation in grant programs for the purpose of assisting transportation services; 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 to manage the Section
5311 program,including the responsibility to evaluate and select public transportation projects proposed
by State agencies, local public bodies and agencies thereof(including Indian Tribes), and nonprofit
operators of public transportation services in areas other than urbanized; 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 in nonurbanized areas of 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 terms 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 term 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:
I. 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 finds 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(h)(2)by refraining from using any Federal assistance awarded by the State to support procurements
using exclusionary or discriminatory specifications.
C. Geographic Restrictions. The Grantee agrees to refrain from using state or local geographic
preferences, except those expressly mandated or encouraged by Federal statute, and as permitted by FTA.
D. Award to Other Than the Lowest Bidder. In accordance with 49 U.S.C. § 5626(c), the Grantee may
award a third party contract to other than the lowest bidder in connection with the procurement when such
award furthers objectives consistent with the purposes of 49 U.S.C. Chapter 53 and any implementing
regulations, circulars, manuals, or other guidance FTA may issue.
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
cany 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 Intennodal 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
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS, GOVERNOR
County of Weld By C.
(Ze
Legal Name of Contracting Entity THOMAS E. ORTON �.
Executive Director
Depa ent of Tr sportatio
84-6000-813 / —�
Social Security Number or FEIN By ?"1/ te'a
JENNIFER FIN H
DiTsion Director
Di,vision of Transportation Development
Sign e of Authorized facer LEGAL REVIEW:
David E. Long, Ch r 03/24/03
Board of County Co issioners
Print Name &Title of Authorized Officer KEN SALAZAR,ATTORNEY GENERAL
By vtANeK cal NLC As�,�
�® TRACY L. KINSELLA
ATTEST: �,�lu Assistant Attorney General
Weld County Clerk t La Natural Resources Section
`s.
CORPORATIONS: 1861 t.
(A corporate seal and att ti n ree�uitetl� 7
�� �b (1:Z;CP
BY:
Attesse(gea5ify erk to the
(Corporate Secretary or Equivalent, or Town/City/County Clerk)
ALL CONTRACTS MUST BE APPROVED BY 1 H.N. STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contact 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.
TATE CONTROLLER:
By /* 1tc%._`—
Date �� p;, I a-Z5-
Revised: 12/02
>100,000
11
3-O 4
•
EXHIBIT A
SCOPE OF WORK AND CONDITIONS
WELD COUNTY
A. Standards of Performance
1. The Grantee will provide a minimum of 83,500 one-way passenger trip per year, at a maximum
operating and administrative cost of$11.43 per one-way trip, a maximum cost of$2.03 per mile and a
maximum cost of$46.54 per vehicle hour. Standards of performance will be measured, reported and
averaged at least quarterly. Measurement of these standards will commence with the presentation of the
Grantee's first monthly report and request for reimbursement.
2. Performance will be reviewed quarterly. The State will begin its review no later than 30
calendar days after each performance quarter. If the State's review determines that the Grantee's
performance does not meet the standards of performance set forth in paragraph A.1. above, the
following steps will be taken:
a. The State will notify the Grantee in writing that performance does not meet the requirements of this
Agreement.
b. Thirty (30)calendar days after date of such notification,the Grantee will submit to the State a written
explanation of the cause(s)of the substandard performance, which shall include a written plan for
improving performance.
c. The State will review the plan for improvement and notify the Grantee of its approval within 21 days.
d. If the plan is approved by the Department,the Grantee will implement the plan immediately upon
receipt of the State's notification. If the plan is not approved by the Department remedial measures will
be determined on a case by case basis. Such remedial measures may include termination of this
Agreement and return of the grant funds or capital equipment purchased with such funds, in accordance
with the terms of Section 8.
B. Project Budget
1. The net Project cost is estimated to be and shall be shared as follows:
Administrative Costs Operating Deficit
GBL (XN-83) GBL(XP-83)
Federal Share (70%) $15,000 (50%) $75,000
Local Share (30%) $ 6,429 (50%) $75,000
TOTAL $21,429 $150,000
2. The Project Cost shall not exceed the maximum allowable cost of$171,429. The State will pay
no more than 70%of only the eligible,actual administrative costs up to the maximum federal amount of
$15,000 no more than 50%of only the eligible, actual operating costs up to the maximum federal
amount of$75,000. 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$171,429, the State
is not obligated to provide any more than 70% of the eligible, actual administrative nor any more than
50% of the eligible,actual operating costs and shall retain the remaining balance of the federal share.
3. Up to one half of the Grantee's share for administrative,and operating expenses may be
provided from unrestricted federal funds. At least one half must be from sources other than federal
funds. The Grantee's Share,together with the Federal share, shall be in an amount sufficient to assure
payment of the net Project cost. The State shall have no obligation to provide State funds for use on this
Project. The State will administer federal funds for this Project under the terms of this Agreement,
provided that the federal share of VIA 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
18
federal FTA funds for the Grantee's share of the Project. The Grantee shall initiate and prosecute to
completion all actions necessary to enable the Grantee to provide its share of the Project costs at or prior
to the time that such funds are needed to meet Project costs.
4. No refund or reduction of the amount of the Grantee's Share to be provided will be allowed
unless there is at the same time a refund or reduction of the federal share of a proportionate amount.
5. Federal funds shall not be used to reimburse the Grantee for expenses not incurred in cash by
the Grantee (e.g.,donated or in-kind goods and services), though such expenses may be used as the
Grantee's share. No more than 30 percent of Project administrative expenses nor more than 50 percent
of Project operating expenses may be attributed to non-cash, donated, or in-kind expenses.
C. Reimbursement eligibility
Requests for reimbursement for project costs will be paid to the Grantee upon presentation of
invoice(s) to the State for eligible costs incurred through December 31, 2003 and within the
limits of Section 3 of this Agreement. The Grantee may request reimbursements no more than monthly,
and will be reimbursed based on the ratio of Federal Share and Local Share set forth in Project Budget
above. However, if the Grantee is designated by the State as a"High Risk Grantee," as set forth in its
State Management Plan,the State reserves the right to limit its reimbursement to the Grantee in any
given month to 10% of the total grant award in order to ensure that Project services could be provided
throughout the year in the event the Grantee encounters financial stability. The final invoice shall be
submitted no later than sixty (60)days after the above date.
D. Contract expiration
The Agreement shall expire when the capital equipment no longer has a federal interest, as determined
by the State. If no capital equipment is obtained,the contract shall expire upon final reimbursement by
the State, within the limits of Section C. above.
E. Project Description
The Grantee shall perform all the Project activities as described on page 10 and elsewhere in the
application update for funding submitted to the State on June 15, 2001 and as specifically described
below. That application is incorporated herein by reference to the extent consistent with this
Agreement.
The boundaries of Weld County delineate the primary service area for the Weld County Dept of Human
Services Transit System. Service needs for the Summer Migrant Program,the Employment Program
and health service related trips for the elderly and disabled require travel to Larimer,Boulder,Adams,
Arapahoe,Morgan,and Denver Counties. Within Weld County, all areas are covered with somewhat
less frequent service to the far eastern and northern sectors of the county, which is sparsely populated.
The Transit system is demand response and modified demand response open 6 days per week, 52 weeks
per year. Weekdays are 5:30am to 6:00pm and Saturday services are 8am to 5pm. The summer months
may have hours that differ from the regular program because of the migrant daycare program. Programs
with group type activities are encouraged to utilize the evening or Saturday, which may be prearranged
depending on the program needs. The regular routes to rural towns are built around a call-in system.
This service is available to the incorporated and unincorporated excluding the City of Greeley and
primarily for general public with elderly disabled,and low-income individuals.
The Grantee will advertise its service as available to the general public. Service will not be explicitly
limited by trip purpose or client type.
19
The Grantee will provide comparable transportation services to persons with disabilities according to
the Americans with Disabilities Act of 1990.
The Grantee will comply with the Federal Transit Administration Drug and Alcohol Regulations.
Any costs incurred by the Grantee for which the Grantee receives reimbursement from other FTA funds
(i.e., Section 5310, RTAP) may not be listed as a cost to be shared by FTA on the monthly
reimbursement request.
F. Safety Data
The Grantee shall maintain and submit,as requested, data related to bus safety. This may include,but
not be limited to, the number of vehicle accidents within certain measurement parameters set forth by
the State; the number and extent of passenger injuries or claims; and, the number and extent of
employee accidents, injuries and incidents.
20
EXHIBIT B
SECTION 5311
GUIDANCE FOR AUDIT OF GRANTEE COMPLIANCE
WITH FTA REQUIREMENTS
Federal Domestic Assistance Catalog No. 20.509
I. PROGRAM OBJECTIVES
Grants made under the Section 5311 program are available through States to provide capital operating and
administrative assistance to public transportation systems in non-urbanized areas.
II. PROGRAM PROCEDURES
Annual formula apportionments are made to States who apply for funds on behalf of local recipients and
administer the program. The Colorado Department of Transportation is the state agency designated by the
Governor to supply for and administer the funds. The Department, the recipient, awards funds to
subrecipients,hereinafter referred to as Grantees,on a competitive basis.
III COMPLIANCE REQUIREMENTS AND SPECIAL AUDIT PROCEDURES
A. Matching Requirements
1.Compliance Requirements: The minimum local matching requirements for operating assistance (costs
directly associated with operations) is 50 percent of the net operating deficit. The operating deficit is
determined by subtracting operating revenue from total operating expenses. Operating revenue includes rider
fares and donations,and advertising revenue(e.g.,"rolling billboards"). No capital equipment purchases can
be charged to operating costs.
The minimum local match for capital equipment purchases is 20 percent and must be in cash. The equipment
purchase (s) must be consistent with the equipment specified in the Agreement's Scope of Work and
Conditions(Exhibit A). Capital equipment is defined as any item costing over$500 with a useful life of over
one year.
The minimum local match for administrative expenses is 30 percent. In general,administrative costs include
the salaries of administrators and fiscal personnel,advertising,and overhead. No capital equipment purchases
can be charged to administrative costs.
The local match for operating and administrative assistance can be in the form of documented in-kind
contributions. All local match must be expended for the Project, as described in Exhibit A. Local match
cannot be used to match other programs. Up to 50 percent of the local match can be derived from unrestricted
federal sources.
2.Suggested Audit Procedures:
a.Examine the Scope of work and Conditions (Exhibit A).
b.Ascertain the total Project cost.
c.Determine whether local matching funds were applied to the uses for which they were committed.
d.Verify that payment of federal funds is accompanied by the appropriate share of local matching funds,that
in-kind contributions are documented, that matching funds are not used to match other programs, and that
federal funds used as match do not exceed the 50 percent threshold,and that no capital equipment purchases
were charged as administrative or operating expenses
21
EXHIBIT B
SECTION 5311
Exhibit B
Page 2
B. Allowable Costs
1. Compliance Requirements: Expenditures made by the Grantee and charged to the Project must meet
the requirements set forth in Section 7 of this Agreement. In general, costs which are not allowable
include entertainment, depreciation, interest, fines and penalties, fund raising expenses, and costs related
to providing services in urbanized areas(areas with a population over 50,000, which include the
metropolitan areas of Boulder, Colorado Springs,Denver, Fort Collins, Grand Junction, Greeley,
Longmont and Pueblo.) The Grantee shall determine the costs of serving urbanized areas based on that
percentage of passenger trips provided in urbanized areas as compared to those provided in nonurbanized
areas.
Grantees serving resort areas and providing seasonal levels of service may only be reimbursed at that level
of service provided year round,based on the average of the low quarter's monthly service hours applied to
annual costs.
Grantees submit monthly(or quarterly)reimbursement requests to the State. On that report Grantees
indicate total transportation costs, which may include costs not related to the Project. The"Amount to be
shared by FTA"columns represent the Project costs and may not include non-allowable costs.
No more than 30 percent of the Project administrative expenses nor more than 50 percent of the Project
operating expenses may be attributed to non-cash, in-kind expenses.
2. Suggested Audit Procedures:
a. Review Section 7 of this Agreement.
b. Review at least three reimbursement requests submitted by the Grantee to the State. Ascertain whether
the Grantee included any non-allowable costs in the "Amount to be shared by FTA"columns.
c.Ascertain whether the Grantee has sufficient controls and procedures in place to ensure non-allowable costs
are not charged to the Project.
C. Accounting Records
Grantees are expected to maintain accounting records in accordance with Section 5 of this Agreement.
Suggested Audit Procedures:
a. Review Section 5 of this Agreement.
b. Ascertain whether the Grantee's procedures and records are in compliance.
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 Ito this Security Agreement. In the case of vehicle procurement,this certificate must indicate the
year, make, model,VIN, and any other information needed to register the vehicle.
C. Security Interest. In consideration of the value provided to the Grantee under the Agreement dated this
day of , 20_and identified as contract# ,the Grantee hereby gives and
grants to the State a security interest in the Project Equipment described in Addendum I and/or described below as
follows:
MAKE/MODEL/VIN
This security interest shall apply to the Project Equipment acquired pursuant to the Agreement dated this
day of ,20 and identified as contract # ,whether purchased before or after
the date this Security Agreement is executed. The Grantee hereby authorizes the State to describe in the space above
the Project Equipment subject to this Security Agreement.
D. Lien. The State may place a lien on the title of each Project Equipment vehicle based upon this Security
Agreement. The State shall retain physical possession of the titles of such Project Equipment vehicles and the Grantee
agrees that the State shall be considered"in possession"of such vehicles for the purpose of any document required by
State law to repossess such vehicles if necessary.
E. Disposition of Equipment. In addition to the security interest granted herein,the Grantee agrees to and
acknowledges the right of the State to remove all Project Equipment from the Grantee's premises and to
take possession of any of the Project Equipment, if the Grantee fails to satisfactorily perform the Project
services as detailed in the Agreement, or if the State determines for any other reason, including but not
limited to termination of the Agreement, that the disposition of the federal interest in such Project
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.
A 1 lEST: 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 ,I 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 or Higher Ed Institution
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
f.
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 l
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] (supply] 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 or Higher Ed
Institution
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
rs e er
C t,�►!kS ms- Mt c�o a� A� A TATE OF COLORADO
Tai /
Department of Transportation P • A
Transit Unit, EP B606 to I OT
4201 East Arkansas Avenue
Denver, CO 80222-3400
DEPARTMENT OF TR*IL4ORIATKN
(303) 757-9771
Fax(303) 757-9727
eric.t.ellts@dotstate.co.us
December 27, 2002
Dear9ran ere: °'-sy
Enclosed is one copy of the contract ("Agreement") for Section 5311 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 contract is returned. By not providing all three copies of the full contract, we cut down on the
volume of mail. yo r w�� k•y► tiCt land
4 et. rta.,+r• 4 o, Z'i ss wl,•F,. s isa.• o/aw w;bk :4 .
Please return three signature pages with original signatures from your agency by Notice that
this is a new signature page so if you have one that you have been using in the past, ease destroy it and use
this one. Also, return one copy of the Resolution with original signatures from your agency. I have enclosed
a SAMPLE Resolution for your reference. These are a required part of the contract. Without the signature
pages and Resolution, we cannot forward the contract for signing at CDOT. 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 the 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 your corporate/agency name is different than what is listed on page 1 of the enclosed contract. Please
check to see that the FEIN number match the corporate/agency name and address. This is where the
reimbursement check will be sent. The_State will fill in the execution date at the top of page 1 and I will
return one 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. Be sure to check the performance measures as they are
different measures than in previous contracts. Please contact me with any questions.
Z� . 1 r I Arc k. 3 n cJ*ee,- .,tt-;
Sincerely, 0.g
�q n
a/q el., 3 t"/ ,"
Eric Ellis „i I- jo tv:4
Grants Coordinator k ; E .
Enc.
aoo3
STATE OF COLORADO
Department of Transportation
Transit Unit, B606 't S OT
4201 East Arkansas Avenue
Denver, CO 80222
(303) 757-977/ DEPARTMENT°�T
(303) 757-9727 FAX
eric.tellis@dotstate.co.us
May 12, 2003
Ms. Patsy Drewer
Transit System Administrator
P.O. Box 1805
Greeley, CO 80632
Dear Ms. Drawer:
asy .
Enclosed is a copy of the executed 2003 5311 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.
Please call me at (303) 757-9771 if you have any questions or concerns.
Sincerely,
Eric Ellis
Transit Grants Coordinator
Enclosures
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