HomeMy WebLinkAbout931242.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN COLORADO DEPARTMENT OF TRANSPORTATION, DIVISION
OF TRANSPORTATION DEVELOPMENT, AND HUMAN RESOURCES AND AUTHORIZE CHAIRMAN
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 between Colorado
Department of Transportation, Division of Transportation Development, and Weld
County Division of Human Resources, commencing upon full execution, and ending
December 31, 1994, with further 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 between Colorado Department of
Transportation, Division of Transportation Development, and Weld County Division
of Human Resources be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 6th day of December, A.D. , 1993.
�
y!I/ �G�I1�� BOARD OF COUNTY COMMISSIONERS
ATTEST: Lid"
' 1! aale4Y WELD COUNTY, COLORADO
Weld County Clerk to the Board
Constance L.. Harbert, Chairman
BY:
Deputy C e k to the Webster, P o-TemJ
APPROVED TO FORM: .��'
GeorgrE. Baxt
:49
ounty Attorhet Dal K. Hall
L14-4/t 1 C4/7-c P
arbara J. Kirkmey�r a
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AGREEI+1FSrr
ThIS AG EEmarr, made this day of , 19 , by
and between the STATE OF COIORADO for the use and benefit of the STATE
DEPARTMENT OF TRANSPCRIATIal, DIVISION OF TRANSPORTATION DEVELOPMENT,
hereinafter referred to as the State, and WELD COUNTY DIVISION OF HUMAN
RESUJRCES , 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 rains available for payment in Fund Code 400 ,
Organization Code 9853 and 9854 , AppropriationCode 403 , Auycmn Code
5000 , Function Code 1510 , Object Code 5180 1 N , GBL Code MN 83 and
WP 83 , Reporting Code 0510 , and;
WHEREAS, required approval, clearance, and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, Section 18, of the Federal Transit Act of 1991, as amended,
hereinafter referred to as the Act, institutes a program offering federal
assistance for public transportation in rural and small urban areas byway
of a formula grant program administered by the State; and
WHEREAS, the Grantee has proposed a project in the farm of an
application for finding under Section 18 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 adapt all procedures
necessary to make and enter into suds contracts as may be "necessary for
state application and administration of Section 18 of the Act, including
participation in grant programs for the purpose of assis
ting 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
FPA, has designated the State to manage the Section 18 program, including
the responsibility to evaluate and select public transportation projects
proposed by State agencies, loran public hnties 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 final and managerial
capability to implement and manage the project and utilize grant funds for
public transportation in nnourbanized areas of the State;
NOW, THEREFORE, it is hereby agreed that:
Srz:rLON 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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StuTICt 2. ACCCMPLISHMENT OF THE PROJECT.
A. General Requirements. The Grantee shall comae, 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 this agreement's
and E h bit B, "Audit Requirements", incorporated herein by
reference, and all applicable laws, regulations, and published policies.
In general, the terms of the U.S. Department of Transportation
regulations, "Uniform Administrative Requiremen4 for Grants and
Cooperative Agreements to State and Thal Governments," 49 C.F.R. Part 18,
are applicable to Projects with governmental and nongovernmental tniies.
The Grantee further agrees to follow the "Onn Rule'Glride1ines far
Recipients of PTA Funds", which is incorporated herein by reference, as
provided by the State.
B. Application of Federal, State, and Local Laws aryl Regulations.
1. Pursuant to Federal, State, and Local Law. In performance of
its obligations tender this Agreement, the Grantee shall comply with all
applicable provisions of federal, state, and tit 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. bcoept to the extent that a federal
statute or regulation conflicts with State or territorial law, nothing in
the Agreement shall require the Grantee to observe or enforce oompliance
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
territorial law, the Grantee shall at once notify the State in writing in
order that appropriate arrangements may be made by the State and the
Grantee to the end that the Grantee may proceed as soon as possible with
the Project.
C. Period of Performance. This Agreement shall commence on the date
all required signatures are affixed hereto, including that of the State
Ocnfroller, 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.
D. Contract Chancres. Any dtange in this Agreement shall be in the
form of a written supplement signed by the parties to this Agreement.
E. Pursuant to Applicable Regulations. The Project shall be
performed by the Grantee pursuant to all applicable federal requiramentc
which shall be provided to the Grantee by the State. The Grantee shall
confirm receipt of such regulations in writing.
F. pro State Obligations to Third Parties. The State shall not be
subject to any obligations or liabilities to any third party in connection
with the performance of this Project without its specific written
consent. Neither the concurrence in nor the approval of the award of this
contract or any subcontract, or the solicitation thereof, nor any other
act performed by the State under this contract shall constitute such
consent.
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SECTION 3. macs.
A. Code of Ethics. The Grantee shall maintain a written code or
standards of ct duct that shall govern the performance of its employees,
officers, board members or agents engaged in the award and administr'ation
of contracts supported by federal funds. The code or standards shall also
provide that the Grantee's employees, officers, board members or agents
shall neither solicit in accept gratuities, favors, or anything of
monetary value from contractors, potential contractors, or parties to the
subagreenent. The Grantee nay set minimum rules where the financial
interest is not substantial or the gift is an unsolicited item of n rinal
intrinsic value. 4b the extent permitted by State or lnral law or
regulations, such code or standards of conduct Shall provide for
penalties, sanctions, or other disciplinary actions for violations of such
code or standards by the Grantee's employees, officers, board members or
agents or by the contractors or their agents. Such code or standards
shall provide that no employee, officer board member or agent of the
Grantee shall participate in the selection, award, or administration of a
contract supported by federal funds if a conflict of interest, real or
apparent, would be involved. Suds a conflict would arise when any of the
parties set forth below has a financial or other interest in the firm
selected for award:
1. The employee, officer, board member or agent;
2. Any member of his or her immediate family;
3. His or her partner; or
4. An organization that employs, or is to employ, any of the
above.
The Grantees code or standards of conduct mast include procedures for
identifyingand preventing real and apparent organizational conflicts of
interest.
B. Interest of Members of or Delegates to Congress. No member of or
delegate to the Congress of the United States shall be admitted to any
share or part of this Agreement or to any benefit arising therefrom.
C. Bonus or Commission. The Grantee warrants that it has not paid,
and also agrees not to pay, any bonus or commission for the purpose of
obtaining approval of its application for the financial assistance
hereunder.
D. prohibition Aaainst Use of Federal Funds for Lobbvinq. The
Grantee or its subcontractor shall not use federal assistance funds for
lobbying any offirial or employee of any Federal agency , or matter or
employee of an Tess for purposes designed to support or defeat
legislation pending before Congress.
E. Match Act. The terms of the "Hatch Act", 5 U.S.C. $5 1501-1508,
and Office of Personnel Management regulations, "Political Activity of
State and Local Officers and Employees," 5 C.F.R. Part 151, apply to State
and 1nral 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 1tra1
executive agency in canmeection with a program financed in whole or in part
by federal loans grants, cooperative agreement. However, the "Hatch
Act" does not apply to a�ornervisoy employee of an urban sass
transportation system (or of any other agency or entity performing related
functions) receiving FTA assistance to Whom the "Hatch Act" is otherwise
inapplicable.
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F. False or Fraudulent Statements or Claims. The Grantee
ac]anwledges that should it make a false, fictitious, or fraudulent claim,
statement, r-nhni caion, or certification to the Government in connection
with this Project, FTA reserves the right to pursue the procedures and
impose an the Grantee the penalticc of 18 U.S.C. S 1001, 31 U.S.C. SS 231
and 3801 et seq., and/or 49 U.S.C. S 1607(h) , as may be deemed by FTA to
be appropriate.
SECTION 4. PROTECT BUDGET. The Project budget shall be as set forth in
Exhibit A.
SECTION 5. p,ODOLIIIPING RBODRDS
A. protect Accounts. The Grantee shall establish and maintain as a
separate set of accounts, or as a separate and integral part of its
current accounting scheme, accounts far the Project to assure that project
finds are expended and accounted far in a manner consistent with this
Agreement and Project objectives.
B. Funds Received or Made Available far the Protect. The Grantee
shall appropriately record in the Project account, and deposit in a
financial institution all grant payments received by it from the State
pursuant to this Agreement and all matching funds required of the Grantee,
and all other funds provided far, accruing to, or otherwise received on
account of the Project, which State payments and other funds are herein
collectively referred to as "Project funds." The Grantee is encouraged to
use financial institutions that are owned at least 50 percent by minority
gravimeters.
C. Documentation of Protect 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
des.
D. Checks. Orders, and Vouchers. Any check or order drawn up by the
Grantee with r L to any item which is or will be chargeable against
the Project account shall be drawn only in accordance with a properly
signed voucher then on file in the office of the Grantee, which will
detail the purpose for which said check or order is drawn. All checks,
payrolls, invoices, ccrtracts, vouchers, orders, or other accounting
dints pertainingin whale or in part to the Project shall be clearly
identified, readily accessible, and to the extent feasible, kept separate
and apart from all other such documents.
bax1CW 6. RECORDS RETENTION
A. Records. The Grantee and its subcontractors shall maintain all
books, d currents, papers, and accounting records and other evidence
pertainingto costs incurred and service performed on forms provided by
the State. Such materials shall be made available at their respective
offices at all reasonable times during the contract period and for three
years following Project closeout for inspection by the State, FTA, or any
authorized representative of the federal government, and copies thereof
shall be furnished if requested. Requirements for governmental recipients
are set forth in 49 C.F.R. Part 18 and in OMB Circular A-110 for private
non-profit and for-profit recipients.
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B. Audit and Inspection.
1. The Grantee shall permit the State, FTA, and the Caroller
General of the United States, or any of their duly authorized
representatives to inspect all work, materials, payrolls, and other data
and records with regard to the Project, and to audit the books, records,
and accounts of the Grantee and its contractors with regard to the
Project. In the case of contracts awarded under other than eonpetitive
bidding procedures as defined by ETA, the Grantee shall require those
contractors to permit the State, ETA, and the Comptroller General of the
United States, or any of their duly authorized representatives, to h covica
all work, materials, payrolls, and other data and records with regard to
the Project, and to audit the books, records, and accounts pertaining to
suds contracts with regard to the Project.
2. The Grantee nest perform timely audits and provide the State
with the results of such audits, as required by the applirahla provisions
of MID Circular A-128, which is incorporated herein by this reference.
Suc31 audits shall test compliance with the items specified in Erdlibit B
and shall be completed by the Grantee if it is a State or 1eral
government, Indian Tribal government or private nonprofit organization.
Pursuant to FTA criteria, ETA or the State may waive the ChB Circular
A-128 audit requirement or substitute a requirement for a grant omit
performed in accordance with the Comptroller General's standards.
3. All grantee a vitt 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.
4. The Grantee is responsible for obtaining any audits required
by FIR or the State. Tb the extent that the dlarges for sudh audits are
necessary for the administration and management of functions related to
the Project, the costs of suu3i audits are allowable under this Project to
the extent authorized by CIS Circular Areal, Revised, CMS Circular A-21,
Revised, or MID Circular A-122, Revised, as may be applicable.
SECTION 7. )?ASNIIN S AND REPORTS.
A. Requests for Payment Requests for reimbursement for capital
equ*ipnent costs will be paid to the Grantee upon presentation of
invoice(s) to the State for eligible costs through the date set forth in
the body of this Agreement and within the limits of Section 3 of this
Agreement.
B. Allowable Costs. Expenditures made by the Grantee will be
reimbursable as allocable costs provided the Grantee documents they meet
all of the ►eq i r events set forth below. Tb be allowable, all costs
must:
1. Be incurred in conformance with the Scope of Work and
Conditions and all other provisions of this Agreement;
2. Be necessary in order to amrnplish the Project;
3. Be reasonable in amount far the goods or services purchased;
4. Be actual net costs to the Grantee (i.e., the price paid minus
any refU ds, rebates, or other items of value received by the
Grantee that have the effect of reducing the cost actually
incurred, excluding Pwjsom Iran as defined in 49 C.F.R. Part
18 or (JIB Circular. A-110) ;
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5. Be incurred for work performed after the effective date of
this Agreement;
6. Unless permitted otherwise by federal statute or regulation,
be in conformance with the standards for allowability of costs
set forth in OMB Ciroflar A-87, Revised, and with any guidelines
or regulations issued by FIA or the State; in the case of
Projects with educational institutions, the standards for
allowability of costs set forth in CIB Circular A-21, Revised,
rather than the standards of OMB Circular A-87, Revised, shall
apply; in the case of nonprofit organizations, the standards for
allowability of costs set forth in OMB Circular A-122, Revised,
rather than the stanards of OMB Circular A-87, Revised, shall
apply; the above circulars are incorporated herein by reference;
7. Be satisfactorily documented; and
8. Be treated uniformly and consistently under accounting
principles and procedures approved and prescribed by PTA or the
State for the Grantee, and those approved or prescribed by the
Grantee far its contractors.
C. Disallowable Costs. In determining the costs which are eligible
for reimbursement, costs which shall be excluded are:
1. Any project costs incurred by the Grantee before the
Obligation Date of this Agreement or Amendment thereof, whithever is
later.
2. Any casts incurred by the Grantee that are not included in the
Scope of Wark.
3. Apy cost incurred by the Grantee after the termination date of
this Agreement or Amendment.
D. . During the term of this Projectas(5) belaa, the Grantee shall submit ] except nt provided in
requests for rwiml�.n-�,�...�c to the
State quarterly or monthly in accordance with the requirements of this
Section.
1. Reports shall be submitted on forms provided to the Grantee
by the State.
2. Reports shall be fully completed through the period for
re t eligibility as stated in Exhibit A and include at least the
following
a. Eligible Project costs indicating the line items that
correspond to the 'midget for this 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 far Project costs will be paid to
the Grantee upon presentation of invoice(s) to the State for eligible
costs through the date set forth in F9dhibit A and within the limits of
Section 3 of this Agreement.
4. All requests far reimtursement shall be submitted no later
than 60 days following the incurrence of reimkursahle cost far the term of
the Project, except as otherwise provided in (E) belw or in Fkdhibit A.
If reports and request far reimbursements are not submitted within these
time 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 8 of this Contract and may be denied future
grant awards.
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5. Notwithstanding any prior termination of this Agreenent under
Section 8, if capital equipment is prc3nased tarter this Agreement, the
Grantee shall continue to provide the annual certification of Project
equipment as above while there is a federal interest in the equipment, as
determined by the State, whether or not the Grantee is also a recipient of
operating and/or administrative funds from Section 18.
SECTION 8. RIGID OF THE SPATE TO TFld@TP.TE.
A. Termination by awn terms. This Agreement will terminate by its
own terms as set forth in Exhibit A.
B. Far 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 oammerenrate with the further
expenditure of funds.
C. Far Cause. The State may, by written notice to the Grantee by
certified mail, return receipt requested, rescind this Agreement, retrieve
Project equipment, and terminate this Agreement far any of the following
reasons:
1. The Grantee no longer uses the Project equipment for the
pinpocco described in Exhibit A during the time there is a federal
interest in the Project equipment.
2. The Grantee takes any action pertaining to this Agreement
without prior required approval of the State.
3. The commencement, prosecution, or tinwly completion of the
Project by the Grantee is for any reason rendered improbable, impossible,
or illegal.
4. The Grantee shall be in default under any provisions of this
Agreement. Termination for cause shall be effective upon receipt of the
written notice. Notwithstanding the above, the Grantee shall not be
relieved of liahility to the State for any damages sustained by the State
by virtue of any breach of the Agreement by the Granntee, and the State may
withhold all payments to the Grantee for the purpose of setoff for damages
due to the State.
D. Actin 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
fords to the State for disposition. If the Grantee's failure either to
make adrpate progress or to make reasonable use of the Project equipment,
or to hoar the terms of this Agreement is determined by the State to be
willful or umreasohable, the State reserves the right to require the
Grantee to refund to the State the entire amount of Project funds provided
by the State or any lesser amount as may be determined by the State. The
Grantee will also be subject to the provisions of Exhibit C, Security
Agreement, where applicable.
SECTION 9. REAL PROPERTY. EDUIFNENT AND SUPPLIES.
A. Use of Project Equipment. The Project equipment shall be used for
the purpose of transporting the general public in rural and small
urbanized areas of the State as described in the Grantee's application for
as long as needed. When the equipment is no longer needed for suds
services, the Grantee shall promptly notify the State, which will provide
instructions for the disposition of sudr Project equipment in accordance
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with 49 C.F.R. Part 18 or OMB Circular A-l10. Notwithstanding any prior
termination of this Agreement under Section► 8, FICA shall retain interest
in the federal share of the Project as long as the equipment has a fair
market value exceeding $5,000, as determined by the State. The State must
be reimbursed the federal share of the fair market value of the equipment
if a federal interest exists in the equipment at the time of dipica1,
unless FTA has issued instructions or approvals to the contrary.
B. jfaintenance of Project Equipment. The Grantee shall be
responsible for the continued maintenance and repair of the Project
equipment following menufactu-ers' minimum specificatiass as long as the
equipment has a federal interest or until final disposition of the
equipment. The Grantee agrees to maintain the Project equipment in good
operating order, and in accordance with any guidelines, directives, or
regulations that PTA or the State may iszs„e.
C. Title to Project Equipment. Title to Project equipment shall be
in the Grantee's 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 Ehdhibit 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
camplywith the provisions of the Seurity Agreement set forth in
Ekhibit C.
SECTION 10. ENCUPIBRANCE OF PROJECT PROPERTY.
A. Unless otherwise authorized in writing by the State, the Grantee
shall not assign any portion of the work to be performed under this
Agreement. The Grantee shall not execute any contract, aurndnraiL or
change order thereto, or obligate itself in any manner with any third
party with respect to its rights and responsibilities under this Agreement
without the prior written concurrence of the State.
B. The Grantee shall not execute any lease, pledge, mortgage, lien,
or other contract tanthing or affecting the federal, State or heal
interest in any Project facilities o:' �T equipment, nor shall it obligate
itcal f, in any other manner, to any third party with Let L to Project
facilities or equipment, unless such lease, pledge, mortgage, lien,
contract, or other obligation is expressly authorized in writing by the
State; nor shall the Grantee, by any act or omission of any kind,
adversely affect the federal, State, or local interest or impair its
eanhtiniixq oanttol over the use of Project facilities or equipment.
SECTION 11. FLOOD HAZARDS. The Grantee shall comply with the flood
insurance plrthase requirements with i pea,L to construction or
acquisition purposes, of section 102(a) of the Flood Disaster Protectionn
Act of 1973, 42 U.S.C. § 4012(a) .
SECTION 12. pROOJREM NP
A. Purchase of Project Equipment. Project equipment includes any
equipment item with a unit cost of $500 or mare and a useful life
exceeding one year. The purchase of all Project equipment financed in
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whole or in part pursuant to this Agreement shall be undertaken by the
State or the Grantee in accordance with Colorado Department of
Transportation guidelines as stated in "Purchasing Procedures for ETA
Grant Recipients", applicable state law, and the standards set forth in
49 C.F.R. Part 18 or am Circular A-102, as maybe applicable, and with
any supplementary directives or regulations including FTA Circular
4220.1B, and any revisions thereof, as may be applirable The Grantee
shall use Project hinds far capital equipment only as described in the
Scope of Bark and dial conditions.
B. Insuranro.
1. The Grantee shall carry the following minimum amounts of
insurance:
(a) Worker's Compensation in statutory limits.
(b) Comprehensive General and Automobile Liability Policy
for amounts not less than: Bodily Injury, $400,000 each occurrence*
cu Property Damage, $400,000 earls occurrence; or $500,000 combined single
limit.
2. Said insurance shall be maintained in full force and effect
during the term of this contract and shall protect the Grantee, its
employees, agents, and representatives from claims for damages for
personal injury and wrongful death and for damages to property arising
from the negligent or wrongful acts or omissions of the Grantee, its
employees, subcontractors, agents, or representatives, in the perfornnn..
of the Project.
3. Certificates showing the Grantee is carrying the above
described insurance shall be sntmittei annually to the State within 30
days of the issuance of each inairance policy.
4. The State shall be rimed as loss payee an the policies for
equipment rurchased with Project; funds; evidence of suds shall be
submitted to the State annually.
C. Ineligible Bidders. Bidders or Suppliers whose names appear on
the U.S. Cmptroller General's List of Ineligible Contractors are not
eligible for award of, or participation in, any contract that may be
awarded as a result of this Agreement. Submission of a bid by any bidder
constitutes certification that he or any subcontractor or suppliers to
him, on this proposed contract, if one is awarded, are not on the
Oonptroller General's List of Ineligible Contractors. A subsequent
determination by FTA that a bidder knowingly made any misstatement of
facts in this regard will be cause far ineediate disqualification,
suspension or termination of the contract far cause. The Comptroller
General's List of Ineligible Contractors is available from the G.A.O.
Publications Branch, Roam 6427, 441 G. Street, Washington, D. C. 20548.
Co. Euv America. Each third party contract utilizing FTA funds must
comply with Section 165 of the Surface Transportation Assistance Act of
1982, as amended by Section 337 of the Surface Transportation Assistance
Act of 1987, and Section 1048 of the Inter al Surface Transportation
Efficiency Act of 1991, and FTA regulations, "Buy America Requirements -
Surface Transportation Assistance: Act of 1982," 49 C.F.R. Part 661 and
applicable revisions thereto.
E. Canto Preference - Use of United States - Flan Vessels.
Pursuant to regulations published at 46 C.F.R. Part 381, the Grantee shall
insert the following clauses in all contracts let by the Grantee under
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which equipment, materials or commodities may be transported by ocean
vessel in carrying out the Project:
1. To utilize privately owned United States-flag o®ercial
vessels to ship at least 50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, materials, or commodities pursuant to
this section, to the extent suds vessels are available at fair and
reasonable rates for United States-flag commercial vessels.
2. To furnish within 20 days following the date of leading for
shipments originating within the United States, or within 30 working days
following the date of loading for shipment originating outside the United
States, a legible copy of a rated, "on-board" commercial ocean
bill-of—lading in ggl i sh for each shipment of cargo described in
paragraph (A) above to the State (through the prime contractor in the case
of subcontractor bills-of-lading) and to the Division of National Cargo,
Office of Market Development, Maritime Administration, 400 Seventh Street,
S.W., Washington, D.C. 20590, marked with appropriate identification of
the project.
3. 'ib insert the substance of the provisions of this riauce in
all relevant subcontracts issued pcssuant to this contract.
F. Bus Testina. To the extent applicable, the Grantee agrees to
comply with FTA regulations, "Bus Testing," 49 C.F.R. Part 663, and any
revisions thereto.
G. preaward and Postdelivery Audit. To the extent applicable, the
Grantee agrees to comply with FTA regulations "Pre-Award and Post-nolivery
Audits of Rolling Stock Purchhases," 49 C.F.R. Part 663, and any revisions
thereto.
H. Debarment and Suspension. The Grantee agrees to obtain
certification on debarment and suspension from its third party contractors
• and subrecipients and otherwise comply with U.S. DOT regulations,
Debarment and Suspension (Nagmoaaeient) and Government
wide Requirements for Drug-Wee Workplace (Grants)," 49 C.F.R. Part 29,
I. 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 its arboentractor in which the Grantee has
procured a good and/or service commercially from the subcontractor. FTA
has a vested interest in the settlement of disputes, defaults, or breaches
involving any federally-assisted third party contracts. FTA retains the
right to a proportionate share, based on the percentage of the federal
• share cannitted to the Project, of any proceeds derived from any third
party recovery. Therefore, the Grantee shall avail itself of all legal
rights available wrier 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. PTA reserves the right to concur
in any ompramiae or settlement of the Grantee's rlaim(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 PTA permits otherwise.
10
Q 19A�
SECTION 13. 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 and ETA immcxiiately and provide a detailed report. The rights and
responsibilities of the Grantee, third party contractors and PTA with
respect to such invention, improvement or discovery will be determined in
accordance with applicable federal laws, regulations, polio PR, 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 14. FIGHTS IN DATA.
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 delineations
in media suds as drawings or photographs; text in specifications or
related performance or design-type documents; machine farms such as
Punched cards, magnetic tape, or computer memory printouts; and
information retained in computer memory. Examples include, but are not
limited to: computer software, engineering drawings and iperiniated lists,
specifications, standards, process Sheets, manuals, technical reports,
catalog item identifications, and related information. The term does not
�
include financial reports, cost analyses, and similar information
incidental to contract administration.
B. The following restrictions apply to all subject data first
produced in the performance of this Agreement:
1. accept for its awn internal use, the Grantee shall not publish
or reproduce such data in whole or in part, or in any manner or form, nor
authorize others to do so, without the written consent of PTA until suds
time as EPA may have released such data to the public; this restriction,
however, does not apply to Agreements with aradamic institutions.
2. As authorized by 49 C.F.R. S 18.34, the FTA reserves a
royalty-free, nonexclusive, and irrevocable license to reproduce, publish
or otherwise use, for Federal Government purposes:
(a) Any work developed under a grant, cooperative agreement,
sub-grant, or third party contract, irrespective if whether of not
copyright has been obtained; and
(b) Any rights of copyright to which a Grantee,
subrecipient, or a third party oartractor pur chases csremmtip with Federal
assistance.
C. ten the State and EPA provides assistance to a Grantee for a
Project involving planning, research, development or a demonstration, it
is generally the State's and ETA's intent to increase the body of transit
knowledge, rather than to limit the benefits of the Project to those
parties that have participated therein. Therefore, unless the State and
PTA determines otherwise, the Grantee agrees that, in addition to the
rights set forth in Section 14,b.2. of this Agreement, the State and ETA
may make available to any ETA recipient, subrecipient, third party
contractor, of third party contractor subrecipient, either the EPA's
11
931242
licence in the copyright to the "subject data" derived under this
Agreement or a copy of the "subject data" first produced under this
Agreement. In the event that the Project, whit is the subject of this
Agreement, is not completed, for any reason whatsoever, all data generated
under that Project shall became subject data as defined Section 14.a. of
this Agreement and shall be delivered as the State or ETA may direct.
This section does not apply to adaptations of automatic data processing
equipment or programs for the Grantee's use whit costs are financed with
capital funds (Section 3, 9, 16, 18, or the Federal Transit Act, as
amended, or Title 23 finds.)
D. The Grantee shall indemnify and save and hold harmless ETA, its
officers, agents, and employees acting within the scope of their official
duties against any liability, including costs and expenses, resulting from
any willful or intentional violation by the Grantee of proprietary rights,
copyrights, or rights of privacy, arising out of the publication,
translation, reproduction, delivery, performance, use or disposition of
any data furnished under this Agreement.
E. Nothing contained in this Section on rights in data shall imply a
license to PTA under any patent or be construed as affecting the scope of
any license or other right otherwise granted to ETA under any patent.
F. Subsections C and D above are not applicable to material furnished
to the Grantee by ETA and incorporated in the work furnished under the
contract; provided that suit ini aS J u ated material is identified by the
Grantee at the time of delivery of such work.
G. Unless the ETA determines otherwise, the Grantee agrees to include
the requirements of Section 14.a through 14.f in its third-party contracts
under the Project.
SECTION 15. CIVIL RIGHTS
A. Deal Employment Opportunity. The following requirements apply to
the Project:
1. In implementing the Project, the Grantee may not dicrriminate
against any employee or applicant for employment bpra ce 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. Sudr 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 that 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 requiire all suit contractors to insert a
similar provision in all subcontracts, except subcontracts for standard
commercial suppling or raw materials.
2. If, as a condition of assistance, the Grantee has submitted
and the State and ETA has approved, an equal employment opportunity
program that the Grantee to carry out, suds 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
12
931242
Agreement. Upon notification to the Grantee of its failure to carry out
the approved program, the State and PTA will impose suds remedies as it
may deem appropriate, which remedies may include termination of financial
assistance as set forth in Section 8 of this Agreement or other measures
that may affect the ability of the Grantee tb obtain future financial
assistance under the Federal Transit Act, as amended; Title 23, United
States Cods (Highways), or the Intermodal Surface Trariportatian
Efficiency Act of 1991, Pub. L. 102-240, Dec. 18, 1991.
B. Disadvantaged Business Enterprises. The Grantee agrees to
facilitate participation of disadvantaged business enterprises (DBE) as
follows:
1. The Grantee agrees to asgly with accent U.S. DOT regulations
at 49 C.F.R. Part 23, including any amendments that may be made to those
regulations during the term of this Agreement.
2. The Grantee agrees that it shall not discriminate an the basis
of race, color, national origin, or sex, in the award and performance of
any U.S. WE-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 sanctiaas as provided for
under 49 C.F.R. Part 23.
3. The Grantee agrees to include the following riauca in all
• agreements between the Grantee and subrecipients and in all third party
contracts assisted by the PTA between the Grantee ar subrecipients and
third party contractors:
THE (OCNTRACIOR, SUBRB IPIPNT, OR SUBCCUTiACIOR) SHALL NOT
DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIC AL ORIGIN, OR SEX IN THE
PERF+CRMANCE OF THIS (ODN1PACT OR AGREEMENT) . THE REQUIREMENTS OF
49 C.F.R. PART 23 AND 'WE GRANTEE'S U.S. DOT-APPROVED DISADVANDLEO
BUSINESS ENTERPRISE (DBE) PROGRAM MERE RIMMED) ARE INCORPORATED IN
THIS (CONTRACT OR AGREEMENT) BY REFERENCE.. FAILURE BY THE (OONTRACI ,
sumac:mum, OR S[.1BOCiJDiAC1C ) TO CARRY OUT THESE REQUIRE+IENTS IS A
MATERIAL BREACH OF THIS (CONiRAC2 OR AGREEMENT), ERICH MAY RESULT IN THE
TERMINATION OF THIS (OCNIItAC ' CR AGREEMENT) OR. SUCH OTHER REMEDY AS THE
GRANTEE DEEMS APPROPRIATE.
4. %be Grantee agrees to treat lessees as follows:
(a) The Grantee agrees not to exclude DBE's pram
participation in business opportunities by entering into longterm,
exclusive agreements with non-DBE's for the operation of major
transportation-related activities for the provision of goods and services
to the facility or to the public an the fnri l ity.
(b) A Grantee required to submit an affirmative action
program under 49 C.F.R. Part 23 that has business opportunities for
lessees shall submit for approval to the U.S.DOT overall goals for the
participation as lessees of firms owned and controlled by DBE's. These
goals shall be for a specific period of times and shall be based on the
factors listed in 49 C.F.R. Part 23. The Grantee agrees to review these
goals at least annually and whenever they expire, analyzing projected
13
931242
versus actual DBE participation during the period covered by the review
and any changes in factual circumstances affecting the selection of
goals. Following eadr review, the Grantee agrees to submit new overall
goals to the U.S. DOT far approval. A Grantee that fails to meet its
goals for DBE lessees agrees to demonstrate to the State and FPA in
writing that it made reascr,whle efforts to meet the goals.
(c) bbwept as provided in this Section, the Grantee agrees
to include lessees in the affirmative action programs. The requirements
of 49 C.F.R. Part 23, do not apply to lessees, except for the requirement
that 1nccneq avoid discrimination against DBE's.
C. Title VI Civil Rights Act of 1964. 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. S 2000d; 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.
D. Access Requirements for Individuals with Disabilities. The
Grantee agrees to couply with, and assure that any subrecipient, or third
party contractor under this Project caaplies with all applirahle
requirements of the Americans With Disabilities Act of 1990 (ADA) , 42
U.S.C. $ $ 12101 gt m. and 49 U.S.C. $ 322; Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. $ 794; Section 16 of the
Federal Transit Act, as amended, 49 U.S.C. app. $ 1612; and the following
regulations and any an eitnts thereto:
1. U.S. DOT regulations, "Transportation Services for Intivirinals
with Disabilities (fl) ," 49 C.F.R. Part 37;
2. U.S. DOT regulations, "Nondiscrimination on the Basis of
Harndicap in Progims and Activities Receiving or Benefitting from Federal
Financial Assistance," 49 C.D.R. Part 27;
3. U.S. DOT regulations, "Americans With Disabilities (ADA)
Accessibility gw-ifications for Transportation Vehicles," 49 C.F.R. Part
38;
4. Department of Justice (DDT) regulations, "Not discrimination of
the Basis of Disability in State and Trral Government Services," 28 C.F.R.
Part 35;
5. 005 Regulations, "Nondiscrimination on the Basis of Disability
by Public Accommodations and in t Facilities," 28 C.F.R. Part 36;
6. General Services Administration regulations, "orstruction and
Alteration of Public Buildings," "Accommodations for the Physically
Handicapped," 41 C.F.R. Part 101-19;
7. Equal Employment Cppontu pity Cantu sion (EDOC) "Regulations to
Implement the Equal Employment Provisions of the Americans with
Disabilities Act," 29C.F.R. Part 1630;
8. Federal Cammications Commission regulations,
"Telecommunications Relay Services and Related Custaner Premises Equipment
for the Hearing and Speedh Disabled," 47 C.F.R. Part 64, Subpart F; and
9. ETA regulations, "Transportation for Elderly and Handicapped
Persons," 49 C.F.R. Part 609.
14
931242
sra:raa1 16. LABOR REDIRECTION. The Grantee agrees to comply with the
terms and conditions of the Section 13(c) special warranty for the Section
18 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 17. XNVIRONMENTAL. RESOURCE CONSERVATION. AND ENERGY
Tm . The Grantee agrees to adhere to any Federal requirements as
the Government may now or in the future promulgate. Listed below are
concerns to the FPA for this Project.
A. Air Pollution. No facilities or equipment shall be acquired,
constructed, or improved as a part of the Project unless the Grantee
obtains satisfactory assurances that they are (or will be) designed and
equipped to limit air pollution as provided in a000maaroe with the
following EPA regulations: "Control of Air Pollution from Notor Vehicles
and Motor Vehicle Engines," 40 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 ; in accordance with
,
applicable federally-approved State Implementation Plan(s) ; and in
accordance with appropriate Federal regulations, directives and other
standards.
B. Energy Conservation. The Grantee and its third party contractors
shall comply with mandatary standards and policies relating to energy
efficiency that are contained in applicable State energy conservation
plans issued inarpliance with the EYnergy Policy and Conservation Act 42
U.S.C. 6321 et seq.
szerION 18. CHARTER SERVICE OPERATIONS. Neither the Grantee nor any mass
transit operator that acts an behalf of a Grantee may engage in :tarter
bus service operations except as provided under section 3(f) of tie
Federal Transit Act, as amended, 49 U.S.C. app. S 1602(f), and FTA
regulations "Charter Service," 49 C.F.R. Part 604. Any dharter service
agreement entered into under these regulations is bws prated into this
Agreement by reference.
SECTION 19. SCi00L BUS OPERATIONS. Neither the Grantee nog' any mass
transit operator that acts on behalf of a Grantee may engage in sdhool bus
operations mn^xusively for the transportation of students or sdhool
personnel in competition with private sdhool bus operators, except as
provided in Section 3(g) of the Federal Transit Act, as amended, 49 U.S.C.
app. S 1602(g), and FIT, regulations "Sdiool Bus Operations," 49 C.F.R.
Part 605, and any amendment s thereto that may be issued. Any sdhool bus
agreement entered into under these regulations is incorporated into this
Agreement by reference.
sra:riON 20. PRIVACY. Should the Grantee, its third party contractors,
subrecipients, or their employees administer any system of records on
behalf of the Federal Government, the following terms and conditions are
applicable:
15
931242
A. The Grantee agrees:
1. To comply with the Privacy Act of 1974, 5 U.S.C. $ 552a, and
regulations thereunder, when performance under the Project involves the
design, development, or operation of any system of records on individuals
to be operated by the Grantee, its third party contractors, subrecipients
or their employees to aotomplish a government function;
2. To notify the State when the Grantee or any of its third party
contractors, subrecipients, or their employees anticipates operating a
system of records on behalf of the State in order to implement the
Project, if such system contains information about individuals retrievable
by individual's name or other identifier assigned to the individual. A
system of records subject to the Privacy Act may not be used carrying out
this Project until the necessary and applicable approval and publication
requirements have been met. The Grantee, its third party contractors,
subrecipients and their employees agree to correct, maintain, disseminate,
and use such records as required by the Act, and to amply with all
applicable terms of the Act;
3. 'It include in every solicitation and in every third party
contract and sub-agreement when the performance of work under that
proposed third party contract or sub-agreement may involve the design
development, or operation of such a system of records on individuals to be
operated under that third party contract or sub-agreement to acamplish a
Government function, a Privacy Act notification informing the third party
contractor, or subrecipient that it will be required to design, develop,
or operate a system of records on individuals to accomplish a Government
function subject to the Privacy Act of 1974, 5 U.S.C. S 552a, and Federal
agency regulations, and that a violation of the Act may involve the
imposition of criminal penalties; and
4. TO include the text of Sections 20.a(1) through 20.a(3) of
this Agreement, in all third party contracts and sub-agreements under
which work for which this Agreement is performed or whidh is awarded
pursuant to this Agreement or which may involve the design, development,
or operation of a system of records on behalf of the Government.
B. The terms used in this clam have the following meanings:
1. "Operation of a system of records" means performance of any of
the activities asnriated with maintaining the system of records on behalf
of FPA including the collection, use and dissemination of records.
2. "Record" means any item, collection, or grouping of
information about an individual that is maintained by the State and the
Grantee on behalf of FBA, including, but not limited, to, his education,
finamial transactions, medical history, and criminal or employment
history and that contains his or her name, or the identifying number,
symbol, or other identifying particular assigned to the individual, such
as a finger or voice print, or a photograph.
3. "System of records" on individuals means a group or any
records under the control of the Grantee on behalf of FPA from which
information is retrieved by the name of the individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual.
16
ant rosy,
SterION 21. SUBSTANCE ABUSE. The Grantee agrees to fly with U.S. DOT
regulations, "Drag-Free Workplace Requirements (Grants) ," 49 C.F.R. Part
29, Subpart F; and other U.S. DOT and ETA regulatin and guidance
pertaining to substance abuse (drugs and alcohol that may be promulgated.
SECTION 22. SEVFPABIL1TY. 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 23. 7IISC E ANEOUS.
A. The Special Provisions attadued hereto are hereby made a part
of this Agreement.
B. The Grantee shall include in all subcontracts entered into
pursuant to this Agreement the above Sections which are so indicated
therein. 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 agreement is subject to a financial assistance contract 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
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 Grantee has been
lawfully delegated the authority to sign this Agreement on behalf of
Grantee.
17
931242
IN WITNESS WHEREOF, the parties hereto have executed this contract the day
and year first above written.
ATTEST: SPATE OF COLORADO
ROY ROME'R, GOVERNOR
BY
Chief Clerk
FrPritive Director
DEPARTMENT OF TRANSPORTATION
By
Director
Division of Transportation
Development
APPROVED: GALE A. NORTON
CLIFFORD W. HALL Attorney General
State Controller
By By
BARRY B. RYAN
Assistant Attorney General
Natural Resources Section
FOR THE GRANTEE:
WELD COUNTY BOARD OF COMMISSIONERS
tee
BY:Z;2,(_, =4'll a ///,r " ByCiaJ? /�
Cii
DEPUTY CLE TO BOARD 12/08/93
Name DONALD D. WARDEN Name CONSTANCE L. HARBERT
Title WELD COUNTY CLERK TO BOARD Title CHAIRMAN
931242
aynw s-scars SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid addle shall have been approved by the Commoner of the State of
Colorado or such assistant as he may designate.This provision is applicable to any contract involving the pay-
ment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable Sin the current fiscal year are contingent upon funds for that
purpose being appropriated,budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars far the construction,erection,
repair.mnintenanec,er inq.u..,,.,.nt of any building,road,bridge,viaduct,tunnel,excavation or other public
ands for this State,the contractor shall,before entering the perforaunee of any such work included in this eon
tract,duly execute and deliver to and Me with the official whose signature appears below for the State,a good
and sufficient bond or other acceptable surety to be approved by said official is a penal sum not less than one-
half of the total amount payable by the terms of this contract Such bond dial be duly executed by a qualified
corporate surety.conditioned for the due and faithful performance of the contract.and in addition.shall provide
that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,pro-
visions.provendor or othcr supplies used orconsumed by Audi contractor or his sdbcontractor in performance of
the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified io the
bond,together with interest at the rate of eight per cent per annum.Unless such bond,when coo required,is
executed,delivered and filed.no claim in favor of the contractor arising under this contract shall be audited,
allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the Stain of
Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as
amended.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save and bold harmless the State, its
employees and agents,against any and all claims,damages,liability and court await lodudngcosts.expenses,
and attorney feu incurred as a result of any act or omission by the contractor,or its employees.agents,subcon-
tractors,or assignees pursuant to the terms of this contract
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957.
as amended,and other applicable law respecting discrimination and unfair employment practices(24-34.402.
CRS 1982 Replacement VS.),and as inquired by Executive Order,Equal Opportunity and Affirmative Action.
dated April 16, 1975.Pursuant thereto, the following provisions shall be contained in ol1 State coumets or
subcontracts.
During the performance of this contract,the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment battle of
rice-creed.color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or
age.The contractor will take affirmative action to insure that applicants are employed,and that employees
arc treated during employment without regard to the above mentioned characteristics.Such action shall
include,but not he limited to the following employment upgrading,demotion,or transfer,recuioent or
recruitment advertising lay-offs or terminations;rates of pay or other forms of compensation:and selec-
tion for training.including apprenticeship.The contractor agrees to post in conspicuous places,available
to employees and applicants for employment,notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The c ntractor will,in all solicitations or advertisements for employees placed by or on behalf of the
contractor,state that all qualified applicants will receive consideration for employment without regard to
race. creed, color, national origin. sex, marital status. religion, ancestry, mental or physical
handicap,or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding,notice to be provided by the contracting officer.
advising the labor union or workers'representative of the contractor's commiltrncnt wider the Executive
Order.Equal Opportunity and Aniirtmative Action,dated April 16.1975.and of the mks,regulations,and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order.
Equal Opportunity and Affirmative Action of April 16.1975.and by the rules,regulations and Orders of
the Governor.Of pursuant thereto,and will permit access to his books,records,and accounts unts by the con-
tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization,or expel any such individual from membership in such labor organization or dis-
criminate against any of its members in the full enjoyment of work opportunity,because of race,creed.
color, sex. national origin,or ancestry.
(6) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or
indirectly.to commit my act defined in this contract to be discriminatory.
395-53.01.1022 page of _ pages 931242
Rrvic,vl 1 1-r c
•
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this con-
tract
or with any of such rules,regulations,or orders,this contract may be cancelled,terminated or sus-
pended in whole or in pan and the contractor may be declared ineligible for further State contracts in
accordance with procedures. authorized in Executive Order. Equal Opportunity and Affirmative
Action of April 16,1975 and the mks,regulations,or orders promulgated in aaadance therewith.and
such culler sanctions ax may be imposed and remedies as may be invoked as provided in Executive
Order,Equal Opportunity and Affirmative Action of April 16,1975,pr by rules,regulations,or orders
promulgated in accordance therewith,or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph(I)though(8)in every subcontract and
subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to
Executive Order,Equal Opportunity and Affirmative Action of April 16,1975.so that such provisions
will be binding upon each subcontractor or vendor.The contractor will take such action with respect to
any subcontracting or purchase order as the contracting agency may direct,as a means of enforcing
such provisions,including sanctions for non-compliance:provided,however,that in the event the con-
tractor becomes involved liter is threatened with,litigation with the subcontractor or vendor as a result
of sudt direction by the°attracting agency.the contractor may request the State of Colorado to enter
into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6 a.
b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be
allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or
required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the
officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds
which would otherwise be available or would otherwise be inconsistent with requirements of federal law,this sub-
section shall be suspended,but only to the extend necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements(section 8-19-101 and 102.CRS).
GENERAL
7. 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 incor-
porated herein by reference which provides for arbitration by any extra-judicial body or person or which is other-
wise 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 nut shall be valid or enforceable or available in any action at law whether by way of complaint defense or other-
wise.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.
8. 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.
9 The signatories hereto aver that they arc familiar with 18-8-301.et.seq.,(Bribery and Corrupt Influences)
and I S-8-401,et.seq.-(Abuse of Public Office).CRS 1978 Replacement Vol..and that no violation of such pro-
visions is present.
•
10. The signatories aver that to their knowledge,no state employee has a personal or beneficial interest what-
soever in the service or property described herein:
V
WITNESS WHEREOF, the parties hereto have executed this Contract on the day first a
Con
(Full Legal _— STATE OF COLORADO
RICHARD D. LAMM ERNOR
By
'5 EXECUTIVE DIRE
Position(Title)
DE MENT
YW Imam,NwN.n Usti/In N,r„
(11 Corporation:)
Attest(Seal)
By.
APPROVALS
ATTORNEY ERA l. CONTROLLER
By '---'----- By
931242
EXHIBIT A
SCOPE OF WOE AND CONDITIONS
WEED =wry
A. Standards of Performance.
1. The Grantee will provide a minimum of 16.420 aie-way passenger trips
per month (averaged quarterly) , at a maximum operating and
administrative cost of $3.96 per trip and a minims rate of 0.25
passengers per vehicle mile. Standards of performance will be
measured, reported and averaged at least quarterly. Meastmort 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 far 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 14.
B. proiect Budget.
1. The net Project cost is estimated to be and shall be shared as follows:
Admin Cost Operating Deficit
FUND GBL (Iti 83) (WP 83)
Federal Share 400 (70%) $ 4,900 (50%) $ 27,150
Grantee Share 990 (30%) 2.100 (50%) 27,150
TOTAL $ 7,000 $ 54,300
2. The Project Cost shall not exceed the wvimim allowable cost of
$61,300. Me State will pay no more than 70% of only the eligible,
actual administrative costs up to the mwima: federal amount of 4 900;
no re than 50% of only the eligible, actual cperaatirg costs up to the
maximum federal amount of $27.150. The Grantee shall be
931242
Exhibit A
Page 2
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 whit l allowable cost of S61.300, the State is not
obligated to provide anymore than 70% of the eligible, actual
administrative nor any mare 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 far use an 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 regain 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 neet
Project costs.
4. No refund or reduction of the amount of the Grantee's Share to be
provided will be allayed unless there is at the same time a refund or
reduction of the federal share of a proportionate meant.
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 far 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. 1994 and within the
limits of Section 3 of this Agreement. Reimbursement shall be made on a
percentage of the federal funds awarded. The monthly administrative or
operating reimbursement shall be based on 10% increments of the federal
award for that category. The effect shall be emulative; that is, total
re;mb rsement after the first month of the contract shall not exceed 10%
of the grant award, 20% of the grant award after the second month, 30%
after the third month, etc. 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
reimb rseixent by the State, within the limits of section C. above.
931242
Exhibit A
Page 3
E. Project Description. The Grantee shall perform all the Project activities
generally described in the application far funding submitted to the State
on April 15, 1993, and as specifically described below. That application
is incorporated herein by reference to the extent consistent with this
Agreement.
Me Grantee will operate a modified demand responsive transportation
services in the rural areas of Weld Canty. The services will be provided
to the general public with an emphasis on elderly, persons with
disabilities and low income persons.
The Grantee will provide service to the following towns at the indicated
frequencies: Eaton (twice a month) ; Ault (ace a week) ; Windsor (once a
week with one additional day per month) ; Johnstawn (once a week with one
additional day per month) ; Milliken (once a week) ; Tri Town (twice a
week) ; Erie (once a week) ; Fort Lupton (three times a week) ; Platteville
(three times a week) ; Hudson (twice a month) ; Keensburg (twice a month) ;
Lodnbuie (once a month) ; Kersey (once a week) ; Gilchrist (one a week) ;
Severance (as needed) ; Hill N Park (once a week) ; Nunn (as needed) .
The Grantee will advertize its rural service as available to the general
public.
The Grantee will provide comparable demand responsive service to persons
with disabilities as required by the Americans With Disabilities Act.
Any costs inured by the Grantee for which the Grantee receives
reimbursement from other FTA funds (i.e., Section 16, REAP) may not be
listed as a cost to be shared by FM on the monthly reimbursement request.
931242
Exhibit B
Page 1
•
GUIDANCE FOR AUDIT OF GRANTEE COMPLIANCE
WITH F1`A munetans
Federal Danestic Assistance Catalog No. 20.509
I.1 PROGRAM OBJECTIVES
Grants made Curler the Section 18 program are available through States to
provide capital, operating and administrative assistance to public
transportation systems in rn n-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 apply for and administer the funds. The Department, the
recipient, awards funds to subrecipients, hereinafter referred to as
Granntees, on a ca petitive basis.
III. C IIPLIANCE REOUIREMENTS AND SPECIAL AUDIT PRDCEDURFS
A. jtatchinxi Reauiremennts
Compliance Requirement: The minimum lrral matching requirement for
operating assistance (costs directly aaarriated with operations) is 50
percent of the net operating deficit. The operating deficit is
determined by subtracting operating revenue fran 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 far 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
awl fica1 personnel, advertising, and overhead. No capital equipment
pure/lases can be charged to administrative costs.
The lnral match for operating and administrative assistance can be in
the form of documented inn-kind contributions. All local match must be
expended for the Project, as described in Exhibit A. jrral match
cannot be used to match other programs. Up to 50 percent of the
_ a n a n
Exhibit B
Page 2
lnnal match can be derived aunt unrestricted federal sources.
Suggested Audit Procedures:
o &amine the Scope of work and Conditions (Exhibit A) .
o Ascertain the total Project cast.
o Determine whether local matching funds were applied to
the uses for which they were committed.
o 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
Camwliance Requirement: Expenditures made by the Grantee
and charged to the Project must meet the requirements set
forth in Section 5 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 Grantee; indicate
total transportation casts, which may include costs not
related to the Project. The "Amount to be shared by PTA"
columns represent the Project costs and may not include
nonallowable costs.
931242
E thibit B
Page 3
No more than 30 percent of the Projects administrative
expenses nor mare than 50 percent of the Project
operating expenses may be attributed to non-cash, in-kind
Suggested Audit Procedures:
o Review Section 5 of this Agreement.
o Review at least three reimbursement requests submitted by
the Grantee to the State. Ascertain whether the Grantee
included any nonallowable costs in the "Amount to be
shared by ETA" columns.
o Ascertain whether the Grantee has sufficient controls and
procedures in place to ensure nonallowable costs are not
charged to the Project.
C. Accounting Records
Grantees are expected to maintain accounting records in
accordance with. Section 6 of this Agreement.
Suocested Audit Procedures:
o Review Section 6 of this Agreement.
o Ascertain whether the Grantee's procedures and records
are in compliance.
,./2 P.el/, < --c /r of
f. "</N.,
��tMEMORAnDUM
WID Constance L. Harbert, Chairman
To Board of County Commissioners Date December 1, 1993 ( i� �
COLORADO From Walter J. Speckman, Executive Director, Human Resources Iv WI--
Transportation Contract
Subject:
Enclosed for Board approval is a contract between the Colorado Department
of Transportation and Weld County Division of Human Resources. The
Department of Transportation will award Human Resources $32,050 to provide
transportation services to the elderly and disabled of rural Weld County.
The terms of this contract will commence from the time of signature by
authorities at the Department of Transportation through December 31, 1994.
Please call Linda Piper at 353-3816, extension 3320, if you have further
questions.
931242
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