HomeMy WebLinkAbout20010676 RESOLUTION
RE: APPROVE AGREEMENT FOR 2001 TRANSPORTATION PROGRAM 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 2001
Transportation Program 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 2001 Transportation Program 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 12th day of March, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNY, COLORADO
Etm
ATTEST: Lay ?/ I/ A/ << /1 ///.Yti�
b�Kale}� M. J. Geile, Chaip
Weld County Clerk to th.� o. n
fjzir
Glenn Vaacnmagetzt
Deputy Clerk to the Boar
W' H. Jerke
A AS ' / O M: (C4
David E. Long
ounty Attorr4y
Robert D. Masden
2001-0676
HR0072
•
a MEMORANDUM
TO: M. J. Geile, Chair, Board of County Commissioners
CFROM:I Walter J. Speckman, Executive Director, Human k
. Services
COLORADO DATE: March 9, 2001
SUBJECT: 2001 Transportation Contract with the Colorado
Department of Transportation
Enclosed for Board signature is the 2001 Contract with the Colorado Department of
Transportation.
Funding will be available to the Weld County Transportation Program from the Section
5311 Federal Transit Act. Federal funds awarded under this contract will be $67,200.
If you have any questions, please call Patsy Drewer at 353-3800, extension 3490.
2001-0676
STATE OF COLORADO
Department of Transportation A
Transit Unit, B606 'a OT
4201 East Arkansas Avenue
Denver, CO 80222-3400
(303) 757-9769 °EP"^^��
January 3, 2001 r;"
Zws rkc E:n..r - -21-2& "
Dear Grantee:
Enclosed is one copy of the contract ("Agreement") for Section 5311 funds awarded to your organization for
2001. 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.
Please return three signature pages with original signatures as soon as possible. Notice that this is a new
signature page so if you have one that you have been using in the past, please destroy it and use this one.
Also, return three originals of the Resolution. I have enclosed a SAMPLE Resolution for your reference.
There are no changes in the Resolution. These are a required part of the contract. Without the Resolution
and signature pages. 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 2000/2001 application.
Please be sure to have the "ATTEST" line on the signature page signed by the witness who can verify the
signature. List your formal corporate name under"Grantee"on the signature page. Please call me if your
corporate name is different than what is listed on page 1 of the contract. Please check to see that the FEIN
number match the corporate 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 return an original executed contract to you.
Please be sure to carefully review the entire Scope of Work(Exhibit A), for this is the work you are
responsible for performing under this contract.
Please call me at (303) 757-9769 if you have any questions.
Sincerely,
Pat Loose
Transit Grants Coordinator
enclosures
AGREEMENT
THIS AGREEMENT,made this day of ,20 , 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, 1551 North 17th Avenue, 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 9738 and 9739 , Appropriation Code 415 , Program Code
5000 , Function Code 1510 , Object Code 5180 1 N,GBL Code MN 83 and MP 83,Reporting
Code 0510 ,FEIN Number 846000813 G, Encumbered Amounts$13,713 and$115,200,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.RS. 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
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 I oral Laws and Regulations.
I.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 Agicz,uent 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 no*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.
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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.
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
subrecipients.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 contact 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 contact 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 contact 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 J oral 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
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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 fiords or approved in-kind resources,together with the Federal financial assistance awarded
herein,to assure payment of the actual cost of this Project. The Grantee agrees that no local share funds will
be derived from revenues obtained from using the Project facilities,equipment or operations,nor shall other
Federal fiords 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 fiords 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,contacts,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.
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2.Reports shall be fully completed through the period for reimbursement eligibility as stated in Exhibit
A and include at least the following elements:
a.Eligible Project costs indicating the line items that correspond to the budget for the Project
b. Operating and financial data.
c.An annual certification of Project equipment if capital equipment was purchased as part of this
Agreement.
3. Requests for reimbursement for Project costs will be paid to the Grantee after presentation of
invoice(s)to the State for eligible costs through the date set forth in Exhibit A..
4.All requests for reimbursement shall be submitted no later than 60 days following the incurrence of
reimbursable cost for the term of the Project,except as otherwise provided herein or in Exhibit A. If reports
and request for reimbursements are not submitted within these times periods the Grantee shall be considered
in violation of the Agreement and subject to nonpayment of the requested cost or termination of the Project as
outlined in Section 9 of this Contract and may be denied future grant awards,at the discretion of the State.
5.Notwithstanding any prior termination of this Agreement under Section 9 of this Agreement,if
capital equipment is purchased under this Agreement,the Grantee shall continue to provide the annual
certification of Project equipment as above in which there is a federal interest in the equipment,as determined
by the State.
6. The Grantee agrees to provide any other reports the State may require.
D.Project Closeout Project closeout does not alter these reporting and record retention requirements.
SECTION 7.PAYMENTS,ALLOWABLE COSTS AND CLAIMS.
A. Requests for Payment.The requests for reimbursement for Payment of the Federal share of allowable
costs will be paid to the Grantee upon presentation of invoice(s)to the State through the date set forth in
Exhibit A of this Agreement.
B.Allowable Costs. The Grantee's expenditures will be reimbursed if they meet all requirements set forth
below:
1. Conform with the Project Description and the approved Project Budget and all other terms of this
Agreement;
2. Be necessary in order to accomplish the Project;
3. Be reasonable for the goods or services purchased;
4. Be actual net costs to the Grantee(ie.,the price paid minus any refimds,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 Jnal 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.
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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.
D.Final Determination. The Grantee agrees that reimbursement of any cost under this Agreement does not
constitute a final State decision about the allowability 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 allowability 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 finds 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 inttAest 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 Exlmlrit 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
6
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,the State reserves the right to require the Grantee to
refund the entire amount of Federal fiords 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 fiords 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 agrces 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 H.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
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2.Obligating itself in any manner to any third party with iespwt to Project real ptupu_ty 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 subrecipients to carry standard Workefs
Compensation insurance in statutory limits.
B.If the Grantee receives Federal funding for capital equipment and/or operating assistance,the Grantee
agrees to:
1. Maintain and to require subcontractors and subrecipients 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 subrecipients are carrying the above described
insurance.
3.Name the State or require subcontractors and subrecipients to name the State as loss payee on the
policies for equipment purchased with Project funds and submit evidence of such to the State annually.
C. The Grantee shall name the State as loss payee on the insurance policies for equipment purchased with
Project funds and submit evidence of such to the State annually.
D.Where appropriate the Grantee agrees to comply with the flood insurance purchase requirements of
section 102(a)of the Flood Disaster Protection Act of 1973,42 U.S.C. Section 4012(a),with iespv_t 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(hX2)
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 HA 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
8
State.
F.Buy America.For any purchase utilizing HA 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
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
agrecment 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 finding. 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 topvt L 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 tam"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.
9
B.The following rush ictions 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
(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
Tide 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
Tide VI of the Civil Rights Act, 49 C.F.R.Part 21, and any implementing requirements FTA may issue.
B.Equal Employment Opportunity. The following requirements apply to the Project:
(1)In implementing the Project,the Grantee may not discriminate against any employee or applicant for
employment because of race,color,creed,sex,disability,age,or national origin. The Grantee agrees to take
affirmative action to ensure that applicants are employed,and that employees are treated during employment,
without regard to their race,color,creed,sex,disability,age,or national origin. Such action shall include,but
not be limited to,the following:employment,upgrading,demotion or transfer,recruitment or recruitment
advertising,layoff or termination,rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Grantee shall insert the foregoing provisions(modified only to show the
particular contractual relationship)in all its third party contracts for Project implementation,except contracts
for standard commercial supplies or raw materials and construction contracts,and shall require all such
contractors to insert a similar provision in all subcontracts,except subcontracts for standard commercial
supplies or raw materials.
(2)If,as a condition of assistance,the Grantee has submitted and the State and FTA has approved,an
equal employment opportunity program that the Grantee agrees to carry out,such program is incorporated
into this Agreement by reference. Such program shall be treated as a contractual obligation;and failure to
carry out the terms of that equal employment opportunity program shall be treated as a violation of this
Agreement.Upon notification to the Grantee of its failure to carry out the approved program,the State and
FTA will impose such remedies as they may deem appropriate,which remedies may include termination of
financial assistance as set forth in Section 9 of this Agreement or other measures that may affect the ability of
the Grantee to obtain fixture financial assistance under the Federal Transit Act,as amended;Title 23,United
States Code(Highways),or the Intermodal Surface Transportation Efficiency Act of 1991,Pub.L. 102-240.
C. Disadvantaged Business Enterprises. The Grantee agrees to facilitate participation of disadvantaged
business enterprises(DBEs)as follows:
(1)The Grantee agrees to comply with current U.S. DOT regulations at 49 C.F.R. Part 23,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.
10
Implementation of this program is a legal obligation and failure to carry out its terms chair 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
Subrecipients and in all third party contracts assisted by the FTA between the Grantee or subrecipients and
third part contractors:
The(Contractor,Sub-recipient,or Subcontractor)chart 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 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, Subrecipient,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-tenu,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 complies 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 I oral 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 Alta ai.ion of Public Buildings,"
"Accommodations far 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
11
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
figure 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 subrecipients,any
such Federal requirements,as the Government may now or in the future promulgate. Listed below are
requirements of particular concern to the FTA.The Grantee expressly understands that this list does not
constitute the Grantee's entire obligation to meet Federal requirements.
A.Air Quality.The Grantee agrees to comply with applicable requirements for EPA regulations,
"Conformity to State or Federal Implementation Plans of Transportation Plans,Programs,and Projects
Developed,Funded or Approved Under Tide 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.
A.Drug Abuse.The Grantee,if a recipient of funds from Section 53 1 1,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 653.
12
B.Alcohol 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 Alcohol Misuse in
Transit Operations,"49 CFR Part 654.
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 subrecipients 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 subrecipients may not use federally funded equipment,vehicles or facilities.
SECTION 22.LABOR PROTECTION.The Grantee,if a recipient of fluids from Section 5311,agrees to
comply with the terms and conditions of the Section 13(c)special warranty for the Section 5311 program
agreed to by the Secretaries of Transportation and Labor dated May 31, 1979,and the procedures
implemented by the Department of Labor or any revision thereto.
SECTION 23.CHARTER SERVICE OPERATIONS the grantee agrees to comply with 49 U.S.C.
5323(d)and 49 CFR Part 604,which provides that grantees and their subrecipients 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 D,subject to the following conditions:
A. The Change Order Letter("Letter")chall 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 fimding,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 Agnaivnt 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.hi 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.
13
(3) Supplemental non-appropriated federal fimding 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 E,"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).
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.R.,nedies 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 fords 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
14
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 fimd;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.
12/18/00 updated PL
15
EXHIBIT A
SCOPE OF WORK AND CONDITIONS
WELD COUNTY
A. Standards of Performance.
1. The Grantee will provide a minimum of 88.900 one-way passenger trip per year, at a
maximum operating and administrative cost of $7.44 per trip and a minimum rate of .17
one-way trip per vehicle mile. 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 Cost Operating Deficit
GBL (MN 83) (MP 83)
Federal Share (70%) $ 9,600 (50%) $57,600
Local Share (30%) 4,114 (50%) 57,600
TOTAL $ 13,713 $115,200
2. The Project Cost shall not exceed the maximum allowable cost of$128,913. The State
will pay no more than 70% of only the eligible, actual administrative costs up to the
maximum federal amount of$9,600; no more than 50% of only the eligible, actual
operating costs up to the maximum federal amount of$57,600;
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$119,428, 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 FTA funds to be administered by the State are made available and remain available.
In no event shall the State have any obligation to provide State funds or provide federal
FTA funds for the Grantee's share of the Project. The Grantee shall initiate and
prosecute to completion all actions necessary to enable the Grantee to provide its share
of the Project costs at or prior to the time that such funds are needed to meet Project
costs.
4. No refund or reduction of the amount of the Grantee's Share to be provided will be
allowed unless there is at the same time a refund or reduction of the federal share of a
proportionate amount.
5. Federal funds shall not be used to reimburse the Grantee for expenses not incurred in
cash by the Grantee(e.g., donated or in-kind goods and services), though such expenses
may be used as the Grantee's share. No more than 30 percent of Project administrative
expenses nor more than 50 percent of Project operating expenses may be attributed to
non-cash, donated, or in-kind expenses.
C. Reimbursement eligibility. Requests for reimbursement for project costs will be paid to
the Grantee upon presentation of invoice(s) to the State for eligible costs incurred through
December 31, 2001 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 generally described
in the application update for funding submitted to the State on October 30, 2000, and as
specifically described below. That application is incorporated herein by reference to the
extent consistent with this Agreement.
1. Area Served - The Grantee operates a demand response and modified demand
response system (our term to describe regular routes to rural towns which are built around a
call in system to a local coordinator) for the residents of Weld County excluding the City of
Greeley. This service will be available to both incorporated and unincorporated areas of the
county.
2. Population Segments Served - This service shall be available to the general public with a
significant number of ridership comprised of elderly, disabled, and low income individuals.
3. Levels of Service - The Weld County Transportation System modified demand response
service will occur through the following proposed route schedule:
Proposed Public Transportation Levels of Service for 1998 and 1999
Area Days Hours Vehicles _
Eaton 2 x per month 10:00-3:00 one
Hudson 2 x per month 9:00-3:00 one
Lochbuie 1 x per month 9:00-3:00 one
Gilcrest 3 x per week 9:00-3:30 one
Kersey 2 x per week 9:00-3:30 one
Milliken 3 x per week 9:30-3:30 one
Windsor 4 x per week 9:30-3:30 one
Ault 2 x per week 10:00-3:00 one
Dacono(Tri Towns) 2 x per week 9:30-4:00 two
Johnstown 3 x per week 9:30-3:30 one
Platteville 3 x per week 9:00-3:30 one
Fort Lupton 4 x per week 9:30-3:00 one
Hill N Park 2 x per week 9:30-2:30 one
Erie,Severance, Nunn, Call In Varies one
Grover, Mead
Wheelchair Requests Demand Response Varies Five
Persons may also call for service at times not listed above. Demand response requests may be received
between 8:00 a.m. and 5:00 p.m. A minimum 24 hours notice is required.
We plan to increase our demand response service to the public by 10%. This plan is intended to
increase the public's access to transit that currently emphasizes group and modified fixed route
services to the small rural Weld communities. This plan would begin to address concerns
outlined in the current TDP by increasing service to non-sponsored groups. We also plan to
increase our wheelchair accessible service to have five wheelchair vehicles on the road at all
times with one back up.
The service description above is only part of the transportation service we provide. This service
plan only reflects the Section 5311 service funded primarily by FTA, the Community Service
Block Grant, non-medical Medicaid, proposed medical Medicaid, and a small amount of fares.
The Grantee will advertise its service as available to the general public. Service will not be
explicitly limited by trip purpose or client type.
The Grantee will provide comparable transportation services to persons with disabilities
according to the Americans with Disabilities Act of 1990.
The Grantee will comply with the Federal Transit Administration Drug and Alcohol Regulations.
Any costs incurred by the Grantee for which the Grantee receives reimbursement from other FTA
funds (i.e., Section 5310, RTAP) may not be listed as a cost to be shared by FTA on the monthly
reimbursement request.
EXHIBIT B SECTION 5311
Page I
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 S500 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. I oral 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.
Exhibit B
Page 2.
d. Verify that payment of federal fluids is accompanied by the appropriate share of
local matching funds,that in-kind contributions are documented,that matching funds are not used to match
other programs, and that federal funds used as match do not exceed the 50 percent threshold, and that no
capital equipment purchases were charged as administrative or operating expenses
B. Allowable Costs
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.
EXHIBIT B SECTION 5311
Page 1
GUIDANCE FOR AUDIT OF GRANTEE COMPLIANCE
WITH FTA REQUIREMENTS
Federal Domestic Assistance Catalog No. 20.509
I. PROGRAM OBJECTIVES
Grants made under the Section 5311 program are available through States to provide capital
operating and administrative assistance to public transportation systems in non-urbanized areas.
II. PROGRAM PROCEDURES
Annual formula apportionments are made to States who apply for funds on behalf of local
recipients and administer the program. The Colorado Department of Transportation is the state
agency designated by the Governor to supply for and administer the funds. The Department,the
recipient,awards funds to subrecipients,hereinafter referred to as Grantees,on a competitive
baths.
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.
Exhibit B
Page 2.
d. Verify that payment of federal funds is accompanied by the appropriate share of
local matching funds,that in-kind contributions are documented,that matching funds are not used to match
other programs, and that federal funds used as match do not exceed the 50 percent threshold, and that no
capital equipment purchases were charged as administrative or operating expenses
B. Allowable Costs
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 exported 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.
EXHIBIT D
CHANGE ORDER LETTER
Date:
State Fiscal Year 2000-
Change Order Letter No.
In accordance with Paragraph C, Exhibit A of contract routing number
between the State of Colorado Department of Transportation and
covering the period of . The undersigned agreed that the
maximum amount payable by the State for eligible service in
Paragraph is (increase/decrease) by ($ amount of change) to a new total of ($ ).
The first sentence in Paragraph _ is hereby modified accordingly.
The services affected by this (increase/decreased) are modified as follows:
The Budget is revised accordingly, as set forth in the Revised Budget, Attachment
attached hereto and incorporated herein by reference.
This amendment to the Agreement is intended to be effective as of , but
in no event shall it be deemed valid until it shall have been approved by the State
Controller or such assistant as he may designate.
Please sign, date, and return all copies of this letter on or before 20
Contractor Name: State of Colorado:
Bill Owens, Governor
By: By:
Name For the Executive Director
Title Colorado Department of
Transportation
APPROVALS: FOR THE STATE CONTROLLER
Arthur L. Barnhart
By: By:
For CDOT State Controller or Designee
Exhibit E
SAMPLE OPTION FORM LETTER
Date:
TO: [Contractor]
[Address]
SUBJ: Option Exercise Letter
In accordance with Section 25 of Agreement# , between the State of
Colorado Department of Transportation and [Contractor]
covering the period of through the State hereby exercises
the option for[an additional performance period of months] at a
[continued/increased] performance level [of ].
The maximum amount payable by the State in Section is
(increased/decreased) by ($ amount of change) to a new total of($ ).
Section_ is hereby modified accordingly.
State of Colorado:
Bill Owens, Governor
For the Executive Director
Colorado Department of Transportation
Title
APPROVALS: FOR THE STATE CONTROLLER
Arthur L. Barnhart
By: By:
For CDOT State Controller or Designee
SAMPLE City or Town / 5311
(CITY or TOWN)OF ,COLORADO
ORDINANCE NO. 20
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION,DIVISION OF
TRANSPORTATION DEVELOPMENT, FOR THE PROVISION OF PUBLIC TRANSPORTATION
SERVICES IN NONURBANIZED AREAS.
BE IT ORDAINED BY THE(CITY or TOWN)OF ,COLORADO
Section 1. The(City or Town)Council of finds;
A. It has the power to enter into intergovernmental agreements under(state statue or charter
section ti);
B. The State of Colorado, State Department of Transportation,Division of Transportation
Development,has obtained certain unencumbered Federal funds for the provision of public
transportation services in non urbanized areas;and,
C. The State Department of Transportation,Division of Transportation Development,is
responsible for the disbursement of these funds;and,
D. The(City or Town)is desirous of obtaining said funds for the provision of public
transportation services to residents of, and has filed an application with the State for this purpose;and,
E. The State has proposed an intergovernmental agreement with the(City or Town)of provide
funds for such services; and,
F. The(City or Town)desires to accept the funds for such services pursuant to the conditions of
the agreement;and,
G. The(City or Town)desires to work together with the State Department of Transportation to
effect said services as provided in the agreement.
Section 2. The(City or Town)hereby approves the attached contract between the(City or Town)and the State
Department of Transportation,agrees with the terms and conditions stated therein,and authorizes its
mayor to sign said contract
Section 1 The(City or Town)hereby obligates its local funds share of$ as required by Exhibit A
PASSED AND ADOPTED, SIGNED AND APPROVED THIS DAY OF 20
ATTEST: THE(CITY or TOWN)OF , COLORADO
•
By:
City Clerk Mayor
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